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2014-07-16 Board of Ethics Minutes
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2014-07-16 Board of Ethics Minutes
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<br />Mr. Henricks: All I’m trying to do is set the parameters of what we’re looking at. We’re looking <br /> at her employment as a Prosecuting Attorney, is that correct? <br /> <br />Mr. Balsis: Yes. <br /> <br />Mr. Adams: Yes, I got that. <br /> <br />Mr. Henricks: Okay, you got that. Nothing else, not as County Clerk. So therefore, as a <br /> Prosecuting Attorney, is she in violation of the Ethics Code because she’s trying <br /> to represent somebody cause that would be in conflict as a Prosecuting Attorney <br /> in West Hawai‘i, you understand. <br /> <br />Mr. Kanuha: Correct. It’s the time. <br /> <br />Mr. Henricks: Okay. We can go from here. Ms. Kawauchi, now you understand why I <br /> narrowed it down? We’re only looking at one piece of employment, that’s all. <br /> <br />Ms. Kawauchi: Thank you. <br /> <br />Mr. Henricks: Okay. <br /> <br />Mr. Adams: If we could take a look at 2-91.2(b) so no former officer or employee shall within <br /> 12 months after termination of that officer or employee’s employment or term of <br /> office with the County, as we’ve identified what we’re talking about since we’re <br /> looking at this today, we’re looking at something within 12 months of July <br /> 2013, right. So from July 2013 to this forward point and your employ at that <br /> point as Judge has indicated was in the Prosecuting Attorney’s office. Okay. So <br /> assist and/or represent any person or business or act in a representative capacity <br /> for fee, compensation or other consideration, or otherwise act with the former <br /> officer or employee’s own personal economic gain, now refers to your <br /> performance as the attorney for the individual that has a matter or talking about a <br /> matter in front of the Windward Planning Commission, right. So you’re <br /> representing that individual as her attorney, yes. <br /> <br />Ms. Kawauchi: Yes. <br /> <br />Mr. Adams: Okay. And so now the question, at least for me is, in relation to any specific case, <br /> proceeding contract application or pending legislation and of course, this is a <br /> proceeding before the Windward Planning Commission, with which the former <br /> officer or employee, in the course of your official duties with the County had been <br /> directly concerned and under active consideration or had obtained information <br /> which by law is now available to the general public. And so the question would <br /> be whether or not your representation in this matter is connected to anything that <br /> you had in your official duties in the Prosecuting Attorney’s office with which <br /> you had been directly concerned had under active consideration or had obtained <br /> information which by laws are not available to the general public. If I could ask a <br /> question separate from that though. Did you, when you left the position with the <br /> County Clerk’s office was that an immediate move over to, did you leave the <br /> <br />6 <br /> <br />
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