2014-11-12 Board of Ethics Minutes

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Mr. Henricks: We can write it in, like I said we can write it in like that 2-91.2, but does it _______ like say with the case law that you showed me that says we don’t. What do we do with that? Someone can say you can’t be touching me, the case law says I’m out of here. This is almost like, what are those things that you sign when you leave your employment? Ms. Schoen: No compete. Mr. Henricks: It’s almost like a no competition clause. Can we do those things? I don’t know. Ms. Schoen: If you look at 2-91.2 there’s a whole section talking about former officers and employees. Mr. Henricks: Sometimes we get into trouble… Mr. Adams: I’ll take a look at that because there’s actually some… I should, but I don’t know what the State connection is with that, but in a Federal way, I do know what the Federal way is on that. The interesting thing about those ethical rules at the Federal level is that they’re procurement and acquisition related. This takes it’s derivation from that, but it’s not the same thing. It’s a broader context that’s being applied. Ms. Schoen: Ours actually mirrors Hawai‘i Revised Statutes §84-18. Mr. Henricks: The thing is, go and check the case law that she showed me. See what it actually says and see if it mentions in anyway, because I know it said in that case law that once the employee left their employment that… Mr. Adams: What I need to do is I’d like to go back and look at the legislative record on 84-18 and see whether or not we’re…in addition, when counsel provides a staff opinion, right now it’s only identified by telephonic or written. I’m going to add email just to make sure that there’s no question that there’s an electronic means, that’s where staff opinions can be provided. Ms. Schoen: What do you mean by staff opinions? Mr. Adams: Well you have provided staff opinions in the past. Ms. Schoen: To the Board you mean? 6