2014-07-16 Board of Ethics Minutes

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Prosecuting Attorney from 2012 to September 2013 that I may be precluded from representing a client before the Planning Commission. And, the Planning Commission was advised by Mr. Brilhante to continue the special permit application matter, which is Special Permit No. 845, Applicant is Hawaiian Acres Community Association and ask that I seek and receive an informal opinion from this Board concerning my continued representation of my client, and proceedings for that matter was suspended until the informal opinion was attained from you. So, it’s my understanding though that my representation of my client would not constitute an ethics violation and the submission of the letter today is not an admission of any potential ethics violation nor is it a waiver of any rights that I or my client may have law or equity should there be an issue that might be able to be litigated in the future. Okay, so then I submitted just a letter today just sending, further submitting this testimony that wasn’t previously received by you. I did try th to send it on March 6 of this year, March 6, 2014 at about 9:18 a.m. to Ms. Schoen in care of her and forwarded to Chairman Balsis and then also I sent it to Margaret Masunanga who is a Deputy Corporation Counsel also. She received th this on March 13 and she did send me a reply that she had gotten it. So I don’t know what happened with the first communication but technology is not always the best way of transmitting things so I apologize for you not getting it but it was th attempted to have been sent to you on March 6. Mr. Balsis: Are there any questions by members of the Board? Mr. Henricks: We’re talking about your employment as a Prosecutor strictly right? Ms. Kawauchi: I don’t know. Mr. Henricks: Because Code specifically says 12 months from the time that you’re trying to represent someone, it goes only back 12 months. So this would require only your occupation as a Prosecuting Attorney, right? That’s what we’re looking at. Ms. Kawauchi: I think that Mr. Kanuha needs to answer that because I don’t know the informal opinion he’s seeking. Mr. Henricks: We go back 12 months right? We’re following the code. It only applies to any occupation of 12 months prior to representing someone before any Board. Ms. Schoen: For the Board’s information, we’re looking at 2-91.2, which says no officer or employee shall within 12 months… Mr. Henricks: 12 months, that’s the cut off line. So we’re talking… Ms. Schoen: …after termination of the former officer or employee. So I guess the question would be when was her last date of employment with the Proseuctor’s office, that would be it. Mr. Henricks: My question is that your last date of employment with the County as a County Clerk was when? 4