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<br />Mr. Balsis: So what you’re saying is that it’s not necessarily a nomination by a party, you’re <br />looking at a nomination by a government body. <br /> <br />Ms. Schoen: Correct. The section that I’m referring to is our County Charter and that’s 3-4, it <br />speaks to vacancies in office and prescribes how the County Council goes about nominating <br />somebody for elected office should there be a vacancy. <br /> <br />Mr. Balsis: Is there any discussions or questions on this? <br /> <br />Mr. Adams: Mr. Chair, just a quick question… <br /> <br />Mr. Balsis: Go ahead. <br /> <br />Mr. Adams: …for counsel, there’s nothing in HRS, Hawai‘i Revised Statutes that speaks to <br />this definition issue either, is that right? <br /> <br />Ms. Schoen: The HRS does define what a candidate is, but my position is that within your own <br />Ethics Code there is no definition for candidate as falling under an officer or an employee and <br />therefore, subject to the Board’s jurisdiction. <br /> <br />Mr. Adams: And so the phrase here “nominated for elected office” there’s nothing specifically <br />associated with that in the HRS as well, it’s only your understanding of how the practice is here <br />in the County? <br /> <br />Ms. Schoen: Correct. <br /> <br />Mr. Adams: Thank you. <br /> <br />Mr. Henricks: I’m just playing devil’s advocate here, what I would be concerned about if we <br />should rule according to your statement, that would make two classes of people running for <br />office, because it would have one class of a candidate who is not in office and one class who is <br />an incumbent. So that would make two different rules involving here. One would apply to the <br />person running, who is not in office and one applies to an incumbent who would come under the <br />County Code, would that be fair? <br /> <br />Ms. Schoen: Yes. I mean, are you asking me would that be a fair statement, or would that be a <br />fair result? <br /> <br />Mr. Henricks: A fair result in making two classes of candidates. <br /> <br />Ms. Schoen: No, of course not. <br /> <br />Mr. Henricks: So how can we get around that? <br /> <br />Ms. Schoen: The other thing is that the financial disclosure provision which identifies <br />candidates provides a penalty provision, whereas our Code would not provide a penalty <br />provision should there be a violation of the Code of Ethics by a candidate. <br /> <br /> <br />4 <br /> <br />