2014-04-09 Board of Ethics Minutes

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Mr. Adams: Well you just gave me examples of Family Court, District Court, Circuit Court having exclusive jurisdiction based on particular subject matter and it was specifically stated that in statute, those are the examples you gave. Am I then to understand that that’s Corporation Counsel’s understanding or opinion that the only time exclusive jurisdiction exists for an adjudicatory body is when it’s stated such in statute. Ms. Noda: No, not specifically having to be stated by statute state law. It needs to be, it would be clearest and easiest for interpretation for everyone if it’s set forth in whatever entity creates the body. Mr. Adams: Right. Ms. Noda: And so in this case, by County Charter setting forth the requirement for the Board of Ethics as well as the Hawai‘i County Code, that’s the creation mechanism for this Board. MR. Adams: Right. Ms. Noda: And in neither the County Charter nor the County Code is there any specific language that says the Board of Ethics has sole and exclusive jurisdiction to interpret and issue findings on every ethical dilemma that arises within the County. Mr. Balsis: You did, and I recall, you quoted a specific statute which gives Department Heads, they are Appointed Authorities… Ms. Noda: Yes. Hawai‘i Revised Statutes 76-11… Mr. Balsis: 76-11. Ms. Noda: …gives a definition for Appointing Authority as a Department Head or the designee, with the ability to appoint or make changes in the status of the employees. Mr. Balsis: Okay. Ms. Noda: The Mayor is also… Mr. Balsis: You said 76-11? Ms. Noda: Yes. I can produce a copy to the Board later today, if you’d like to. Mr. Henricks: There’s no need Ms. Noda. Mr. Balsis: Is there any other discussion or questions? Mr. Hisashima: Yes. Please bear with me, in your opinion, because you’re an attorney, I’m not. Is the process that was in place legal, or suitable to render a decision? 17