2014-02-12 Board of Ethics Minutes

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opinion whether she has the power to make a ruling of whether the Code of Ethics has been violated, that’s it. Do you agree with me? Mr. Adams: I’m not sure that we’re even going to get to that level. Mr. Henricks: Okay. Ms. Schoen: But Mr. Chair if I might add. Mr. Balsis: Go ahead. Ms. Schoen: I understand what the Board, what Mr. Henricks has said, but I believe the Board should hear the position of both parties as to their request so that your record is clear, and they’re given the opportunity to put their position on the record. Mr. Balsis: Okay, I’m going to allow you to proceed. I’m going to ask you to move along that’s all. Ms. Noda: Okay. Well just outlining the County’s position. One of our threshold concern is that we’re handcuffed and can only talk in generalities about what the Department has done because it is involved with a confidential personnel matter. Second, I would, the County would orally request that this Board reject the request, or the Petition based on good cause pursuant to the Hawai‘i County Code Section 2-86 which sets forth, this Board may for good cause reject any Petition. Further… Mr. Adams: We’re now getting into areas that actually, in my opinion, require that Mr. Drutar now speak. The first part when you were talking about the threshold, no problem. Ms. Noda: Okay. Mr. Adams: Your comments are now comments that you would bring up after he’s had his opportunity to speak. In my opinion. Ms. Noda: Okay. Mr. Balsis: And that is correct. Ms. Noda: So just going and outlining our tiered position. Second, beyond the motion, in which the county would have to address specific matters, we would also request in the alternative that this Board continue Mr. Drutar’s petition until it’s moved on. Being that I have reviewed the September 11, 2013 minutes, at which time Judge Henricks indicated or recommended that any appeal process on the personnel matter of Mr. Drutar’s be completed before this matter comes back before this Board. That would be on the minutes of September 11, 2013, page 19. Further, our third position would be that, if the Board does not rule on either a motion to reject the petition or the request, nor does the Board continue this petition until moved back on at a later time when the appeal process that’s in place has been completed pursuant to the statute that I just 4