HomeMy WebLinkAbout2015-05-13 Regular Session Minutes Board of Ethics HAWAII COUNTY BOARD OF ETHICS
MINUTES—REGULAR SESSION
Wednesday, May 13, 2015
9:00 a.m. to 12:48 p.m.
11:40 a.m. to 12:05 p.m. (Lunch Break)
Hawai`i County Building
Council Chambers
25 Aupuni Street
Hilo, Hawai`i 96720
Members and Staff Present:
Ku Kahakalau, Chair
Douglass Adams, Member
Kenneth Goodenow, Vice-Chair
Gary Murai, Deputy Corporation Counsel
J Yoshimoto, Deputy Corporation Counsel
Emily V. Hirayama, Secretary
1. CALL TO ORDER
Ms. Kahakalau called the meeting to order at 9:00 a.m.
2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (Hilo & Kohala)
Ms. Kahakalau: We will be going back and forth from Hilo to Kohala. I would like
to remind everybody that we would like to at all possible keep our
testimony to three (3) minutes per item on the agenda.
1) Floyd D. Eaglin (Hilo) signed up to testify on agenda item 4b (Gift Disclosures) &
4c,Petition No. 2015-03.
Mr. Eaglin: I'm here to support of Mayor Billy Kenoi. I feel that the due
process haven't been given him. He said that he did wrong, he
said that he paid back. What more we going do? I mean, I feel
that the first amendment of the Constitution of America is not to
liable people, slander people. His family should've never have
been brought into this. Whatever he did as a kid shouldn't be
brought into this. It's what he's doing now, he did well for this
County. He brought us thru the worst times and I have mixed
feelings about all this. I didn't grow up over here. I'm a
transplant. I live here now and this is a place for me to come and I
came here. So I know him from the time he was a kid. It's not
that we friends, we know each other, but he did well for himself
He could've always gone the wrong road. He chose the right road.
Everyone makes mistakes. I make mistakes, you make mistakes
and everyone makes mistakes. He said he was sorry and he pulled
back. What more we gonna do? I feel that this is wrong, I feel that
everyone should be given a chance to redeem themselves. All of
us got skeletons in our closets. I've got a graveyard in mines. So
I'm not going to point fingers. We should point fingers inward not
outward. So I'm here to support him. That's all I've got to say.
Ms. Kahakalau: Thank you.
2) Cory Harden (Hilo)signed up to testify on agenda 4b (Gift Disclosure) & 4c,
Petition No. 2015-03.
Ms. Harden: Good morning Chair Ku Kahakalau and Board members. Thank
you for your service on the Board. I'm sorry to say, I think Mayor
Kenoi should resign. The Pcard scandal is now featured in the
New York Times. On top of that, Kenoi may have failed to do gift
disclosures. There's much about the Pcard that's deeply
disturbing. Kenoi kept using the Pcard for over$31,000 in
personal expenses despite repeated warnings. Despite having the
legal background to understand he was out of line. Some Pcard
expenses $7,500 incurred over six (6)years were only reimbursed
by Kenoi after the Pcard story broke. There are no receipts for
Kenoi's Pcard spending. The County requires documentation for
all purchases. The County refused to release Kenoi's Pcard
records for five (5) years until a reporter obtained some records
from another source. Now Pcard records are public records under
State law. The State auditor's office sharply criticized the Pcard
program five (5) years ago, but is unclear if any changes were
made. Some County emails were only saved for ninety (90) days
hampering review of past actions. While Kenoi is dealing with
ethics and criminal investigations that will drag on for months. His
office is ham-strung. For example, County Council member
Margaret Willie commented that Kenoi missed a lot of things after
the Pcard story broke. Kenoi considered missing the usual
presentation of his budget request to County Council. Apparently,
reluctant to face questions about the Pcard. Kenoi withdrew his
nomination of former Finance Director Nancy Crawford to the
Pension Board at her request after the Pcard story broke. Three (3)
weeks after Kenoi had said it was crucial to approve her. Ms.
Crawford might been questioned about the Pcard when going
before County Council for approval. I commend Margaret Willie
for expressing concern about this scandal and urging an open
session for County Council consideration of having the Deputy
Corporation Counsel from Maui advise this Board. I also
commend County Council member Greggor Ilagan for telling
Kenoi. Ragan planned to implement recommendations from Pcard
audits now being done. If the Ethics Board does not act for some
reason, I hope County Council will use its power to act on ethics
cases. For the future, we may need another way to address cases
involving the Mayor or County Council members since they are
the ones who choose Ethic Board members. As for Mayor Kenoi, I
hope he will best serve his future and the future of our island by
having the courage to resign. Thank you.
Ms. Kahakalau: Thank you very much.
3) Alex Achmat(Kohala)signed up to testes on agenda item 4d,Petition No. 2015-03.
Mr. Achmat: Hi. Good morning. My name is Alex Achmat and I live here in
Hawi in North Kohala and voter in District 9. I wanted to start out
my comments by saying thank you and I'm not sure if the person
I'm saying thank you to is in the room. The person I wanna say
thank you too is the whistle blower. The person who said this is
too much,this is enough and leaked the information that allowed
us the people unusually uninformed to find out what's going on.
There's a maxim that's says that money corrupts and a lot of
money corrupts a lot and it seems that that's the kind of situation
we're in. Not only nationally, but here at our County level there's
two (2) sets of rules: one is for people with power and money and
one are for regular people. We've seen this practice over and over
again. Ten(10) years ago, we had a scandal on the island it was
called"Hookers, Hot tubs and Hawai`i" and it was about David
Cunningham. Who was a representative in the House of
Representatives who spent $6,000 a night the Hapuna Prince Hotel
being woo'd during $50,000 junket by companies accompanied
by people in the CIA Dusty Bogo whose number three. He ended
up going to jail for taking bribes and for playing fast and loose
with donations and gifts in our backyard ten(10) years ago. He
also somebody blew the whistle and we need that, we need people
to say enough. Then we had the Jack Abram off case and there
again we had a whistle blower. It wasn't that the courts or
somebody delved into him and found him guilty. It was somebody
who knew some scandal and leaked it that got him arrested and put
in jail and all the corruption exposed. We need the whistle
blowers, we need people to have the courage to come out from
behind a kind of roughshod administration who demands people
to cooperate. Who's looking for pliable members on their
Councils to speak out? In the last election, we had big money
interest coming into our Counties spending hundreds of thousands
dollars. In Maui, it was the same thing over half a million dollars.
These people are not voters, they don't live here but they finance
politicians. Again, in my summary I'd like to say that we what to
say thank you to the whistle blower, we want to encourage more
people to come forward when they see injustice or corruption so
that we can have a clean Council, a clean Mayor and a clean
government. Thank you.
Ms. Kahakalau: Thank you very much.
Mr. Yoshimoto: Madame Chair if I may? I just wanted to remind the public that
they have three (3) minutes to testify on each agenda items. So if
they're testifying on more than one item, to let us know so staff
can set the time appropriately.
4) Lanric Hyland(Kohala) signed up to testify on agenda item 5a,Resolution No.
2015-01.
Mr. Hyland: Aloha Madame Chair and members. My name is Lanric Hyland
and I would like to briefly comment on Petition 2015-01. Which
involves Mr. Revell objection to County Council Dru Kanuha's not
treating him courteously because he did not make time to hear Mr.
Revell's point of view on pending or potential legislation. Our
Ethics Code calls upon County officers and employees to adhere to
the highest standards. That is a very high bar. Access to an
elected official is one important reason why people make large
campaign contributions to candidates. If I may paraphrase, if I
make a large contribution, I will expect a large amount of
candidate's time to listen to what I have to say. That is a high
standard from elected officials to meet. But if I make no
contribution to that elected officials campaign and I still expect
him to meet and take time to listen to my views and opinions that
would be the highest standard of Ethical conduct. That elected
official is one who truly understands what it means to say I work
for the people. When you issue your final draft of your informal
advisory opinion on Petition 2015-01. I hope that is the standard
to which you owe Chair Kanuha and all other County officers and
employees. Thank you for listening to me.
Ms. Kahakalau: Thank you.
5) Andrea Rosanoff(Hilo) signed up to testify on agenda item 4b.
Ms. Rosanoff: Hello. My name is Andrea Rosanoff and I live in Pahoa, Hawai`i.
Thank You for allowing us to meet with you and give some of our
views of what all this is going on. I'd like to do, I only have I
believe one issue. I would like to read to you a letter that I sent to
the Hawai`i Tribune-Herald. I sent this on Friday, April 24 but it
hasn't been printed so this gives me a chance to at least put it in the
public records some of my feelings. The lava has slowed,
potentially drastic, imminent change in all our lives is fading from
our memories, but I wish to remember how responsive an effective
was our County government during the crisis of imminent cutoff of
our roads due to lava flow. In all my seventy(70) years as USA
citizen, I have never experienced such efficient cooperative and
effective government as I did during that lava crisis. Some of the
things I remember, the informational meetings at Pahoa High school
cafeteria and Pahoa Community Center. The seemingly seamless move
of transfer station away from and then back to its present location
allowing all of us to safely go see the flow near the transfer station.
Arranging for the school children to go see it. The new road from
Nanawale into Paradise Park cooperation with National Parks Service
and the National Guard. All of the information from the US Geological
service, expanding fire department service into Pahoa town to make sure
everyone would have service even if the lava flow cut off the road and
saving the trees while doing it. These and many more wonderful things I
saw and I want to thank every County, State and Federal etc. employee
and especially Mayor Billy Kenoi. I think he did a remarkable and
wonderful job of leading us all thru a scary, unsure time. I will always
remember with aloha and gratitude the cooperative and effective
government we all experienced. Thank you Mayor Kenoi and to all who
helped make this truly safe and memorable time. Now that letter has not
been published yet in the Hawai`i Tribune-Herald and I'm pretty sure
it's not gonna go out into the New York Times. What I want to say is
that we have many big issues in the County of Hawai`i. Huge issues that
are trying to impact and influence our local government. Big issues that
will affect all of our lives and our County for a long, long time. These
are powerful interest,they all have their right to have interest, but its big
stuff. I would like for the Ethics Committee to remember while you're
going thru of this is. Yes you have to look at everything, it's your job
but to urge prospective. Just like you don't want to make a mole hills out
of mountains. You also don't want to make mountains out of mole hills.
Thank you very, very much.
Ms. Kahakalau: Thank you.
6) Margaret Wile(Hilo)signed up to testify on agenda item 4b& 4c.
Ms. Wille: Margaret Willie. I'm here to speak as an individual and I'm speaking on
items b&c. which I think is connected and one should be able to speak
as six(6)minutes but if you'll let me know when three(3)minutes is up
I will transition. What's most important to me is that we really move
thru this quickly. I feel time is really of the essence here. This is like a
•
wound that's allowing to fester and grow and grow and I say this for the
public, for the County, for the Mayor. I think we need to move on and
it's really.. I just implore that and I do see that this is really an initial
review I don't really know exactly what that encompasses. Next meeting
isn't until July, so I just that's probably the most important I have to say,
I really feel that's important to go on. I also urge you not to have
executive sessions,there's something that I don't know. I don't see that
executive session is certain, for these items that we're here to represent
open government and transparence and it's really because of the lack to
that,that we're here today. The inability of the press be able to get
records. The failure of any checks and balance,how did we get here? I
urge you all to model that and be exemplified that this significance. I
was glad that Counsel Yoshimoto urged that to recuse himself and
instead have special Counsel which the County Council did agree to. I
not sure what your plan is,but I don't think that Mr. Yoshimoto should
be present for the discussion on either, on any of the items that he's
recused himself on. He should not participate in any way. The question,
one question that came up during the Council meeting was recusal and
what if one of you all recused yourself. I asked well does that bump this
up to State Ethics commissioner,what happens and they know that
would not be the case. So I said well, so we wait for the Mayor to
appoint another member or two. It was sort of well, I guess that's the
way it is and that brought me to really should the Mayor be asked to step
aside while you make your decision while we resolve this as quickly as
possible. Which would mean that if someone were to recuse themselves
now or some point that it would be Wally Lau,the managing director
would be the one that does not do that appointing. I think also then just
under that question is how would you treat anybody else. How would
you, if it was anyone else,what would you do in that case. So, I think
really what's before you is to keep it simply in my mind. You know here
what the Code provisions,were there actions that were inconsistent and
what if you do find inconsistencies. What are/should be the appropriate
penalty under the mitigating circumstances. To me that would be the
hard question the mitigating circumstances going both ways. How you
weigh that and thinking about that. I also would encourage if you have
any recommendations to the Council so we look forward and maybe that
would be a future agenda item. Ordinances to make it clear that there
can be more a disclosure. Perhaps less power with the Mayor, I mean
basically you have one person in such level of control and thing that
comes up here to me is perhaps it should be that Board members are
chosen by in another way whether it's the Council. One person from
each district is ordinarily, if you had each Council member,you know
it's always very divergent.Not get into allow for predicament where you
have a case you will recuse yourself,you have the same person that's
being considered appointing them. I do want to make a few comments
about you talking about another member of the administration and the
petition. The County officer by not allowing the first officer or
continuing to allow the first officer to permit something that should not
have been permitted. You know, it's I think most or I believe all this
went on before that person came into office. It is very intimidating, I
mean just this we right now have those firemen who spoke out and were
let go. They were suspended right now pending that for voicing their
opinion and criticizing their department. In fear of losing one's job and I
think that there is atmosphere of intimidation. There is a lot of I guess
with this administration very much a team. You're on the team,you're
not on the team. I don't happen to be on the team and I feel the results of
that. I think that I feel that we, how can we use this really as an
opportunity to be a better place and better people. I feel that the Mayor's
working on this and I think we all can do the same. Thank you very
much.
Ms.Kahakalau: Thank you very much.
7) Peter Risley(Kohala)signed up to testes on agenda item 4c,Petition No. 2015-03.
Mr. Risley: My name is Peter Risley of Kapaau. I worry about the Democratic
process on our islands. I have noticed that a small islands or small states
that are multi-ethnic, multi-racial states tend to evolve to authoritarian
regimes. Noted with and evolved ruled by the great man who assumes
more power because of the institutional regimes that control the
populous. Democracies of course is opposed to such regimes. If we
wish to remain democratic, if we wish to become a profitable sustainable
economic unit,we must be a free people no matter who we are and what
we look like. It's about checks and balances. That's what a functional
democratic process is and the present ethic committee has failed Hawai`i.
Without the checks and balances, we need,we should become a failed
democracy. That is what is at stake. People of Hawaii, I call for a
crusade for democracy without re-establishing correct governmental
checks and balances we shall fail. We shall economically,we shall fail
socially and fail our democratic future. I suggest we need to limit the
power of the Mayor. Other Counties across this nation do not allow such
powers. As the Mayor has here and that is not a condemnation of the
present Mayor. The institutional bureaucracy of our island. If proper
checks and balances assisted,this present situation would not have
escalated to its present disaster. I do not think we should move on. No.
We should use this crisis to repair a failed system. Please consider this
crusade for the Democratic renewal of our beautiful island. Let no man
become the great man. Let all Hawaiians people become great men and
women. Re-establish democracy. Power to the people.
8) David Cottis(Kohala)signed up to testify on political corruption.
Mr. Cottis: My name David Cottis. The issue before us today is just a tiny speck on
a small(inaudible)of huge iceberg of rampant political corruption
existing under surface of public awareness. Here at the local level, it can
take the form of peer pressure and cronyism. I'll scratch your back if you
scratch mine. In today's particular instance,the Mayor has sometimes
been regarded as a bully. His successful pressuring of Council members
became apparent were there appalling approval of the hundred million
dollar incinerator. Younger aged politicians are especially vulnerable to
such pressuring because they have selfish ambitions to climb the political
ladder. This is nothing compared to what's going on in Honolulu at the
State level. For example, Monsanto and the other gigantic GMO/Biotic
corporations have virtually bought off our State government as well as
the University of Hawaii. Hence we see our two(2) State Senators
Green&Rudderman demoted from their position of power so that
Monsanto can force the State to force us to bring in GMO here to the big
island. Yet even this is peanuts compared to what's going on at the
Federal level. That's what Politian's literally are eliminated if they don't
play the game. Our late senior US Senator Daniel Inouye called it
shadow government. Strings are pulled which have no relationship
whatsoever to US Constitution that is supposed to be the supreme law of
our land. This is why America is looking ever more like a third world
country with a small unethical wealthy elite exploiting vast poverty
stricken masses. We no longer live in a democracy,we live in a
(inaudible). We have only ourselves to blame since many of us seem to
be blind to higher values of life. Blind to what makes life really worth
living. Until we whom you represent, get our own priorities in order,
how can we expect you to do so. It's simply a case of the blind leading
the blind. Mahalo.
Ms. Kahakalau: Thank you very much.
9) Dan Cole(Hilo)signed up to testify on agenda item 4c& 4d,Petition No. 2015-03,2014-08.
Mr. Cole: Good morning Board. I also liked to add that I've confirmed that I will
be testifying on three(3) items here to include the first gift disclosure.
My name is Dan Cole and I am the petitioner on the petition 2014-08 that
I filed last year in June.. As an event to protecting correct political
candidate Emily Naeole. You'll notice that the Board of Ethics allowed
a petition against a non-county member which they had,they knew and
knowingly had no authority(inaudible)over as a result of my previous
petitions to place on to the agenda of the Board of Ethics where no
identified violation of the County Charter was mentioned. In addition,
by doing so this caused.Emily Naeole's loss of personal and
professional respect and rebuke in the front page of the Hawaii Tribune-
Herald. The Board of Ethics at that time knowing and knowingly under
Counsel of the Corporation Counsel did commit extortion against Emily
Naeole, a political candidate under Hawaii Revised Statues 707-764. In
order to cause her and altered the outcome of the general election of the
United States of America in the sovereign State of Hawaii through
extortion. I brought this up to the County and numerous Council
members and as you all know I've been appearing before many Boards
and Commissions and the Council with my caveat. I bring forth this
information as requested by and in accordance with United States Code
Title 18 subsection 4 misprize felony to bring forth actual knowledge of
felonies committed against the United States. Altering a general election
for that purpose is a felony under the State and Federal RICO
(Racketeering, Influence, Corrupt, Organization)Acts as defined by
eighteen(18)USC nineteen sixty-one(1961). The Board at the time,
recused themselves in violation of Hawai`i County Charter and in
violation of the Hawaii Board of Ethics Rules and Procedures which has
the effect of law. By recusing themselves and knowingly that they
would be out of office and without the authority of this Board to act on
them,they prevented my petition from going forward. Therefore,
depriving a person of the United States their rights and freedoms as
guaranteed by the Constitutions of the State of Hawaii and the United
States. To petition the government in redress of grievance. I understand
fully that this Board will find that Petition 2014-08 is mute as all the
people involved in the petition are no longer with the County. However,
under the rights and freedoms of guaranteed by all people, I demand this
is a demand that this Board go forth in legal fiction to bring forth
evidence for the filing of criminal charges for misdemeanor violations of
the Hawaii County Charter for which the Hawaii County Police
Department do have authority and jurisdiction over. Forward
information and evidence to the State Attorney General and to the US
Attorney office for violation of federal racketeering and corrupt
organizations act. Deprivation of rights under the color of law,
violations eighteen(18)USC 241 and 242 of a personals privilege, I
mean this is my demand. Failure to do such and have this Board take up
petition in their own account to bring forth such evidence for filing will
be smoking gun evidence of the corruption and the existence of an
enterprise engaged in public corruption that influences,controls and
extorts. Elected officials, employees, and judges and officers of the
Courts of the State of Hawaii.
In second, I am speaking on Petition No. 2015-03. This is all been
brought before while I've heard people here is one Councilman
mentioned how could we go through this. Somebody mentioned the CIA
involvements and somebody's mentioned public corruption. I filed and
have been filing numerous petitions,there's tens of thousands of pages of
documents and verified documentation as Corporation Counsel Yoshida
will verify himself as requested FBI assistance and the assistance of the
US Attorney to delve into this corruption. However,there was no follow
through as he was chairman of the County Council. What you don't
know is the extent of which Mayor Kenoi was actually involved in
corruption. You think his frisk in the hostess bar was something, Mayor
Kenoi and others were involved in money laundering of tens of millions
of dollars of Hawaii County bonds. Here's just one of example: On
February 24, 2011 under the signature of Nancy Crawford and Mayor
Kenoi an offer was made to the Bank of Hawaii sole source without
any open bid for the sale of Series A bonds in the denomination of ten
(10)million dollars on March 2 with a maturity date of September 2.
The Bank of Hawaii received the documents and confirmed the
purchase. Confirmation was made and said. Low and behold, Series B
bonds was issued to the Bank of Hawai`i,not a Series A their shadow
bonding. By using a Hawaii or a municipal account,therefore the
money is held and was bought. The bond was bought by a numbered
account apparently from Bank of Hawaii. On that date,there was no
authorization for that bond by the County Council. There is no known
authorization by the County Council. The bond was sold on very same
day the money for ten(10)million dollars was transferred from the Bank
of Hawaii to First Hawaiian Bank. Held in a CD account for the sixty
(60)days or hundred eight-four(184)days of bond. So what the Mayor
was doing is issuing bonds and selling bonds to a non-competitive bid.
The Bank of Hawaii numbered account would buy the bonds. The
money would be transferred from the Bank of Hawaii to First Hawaiian
Bank. Placed in a certificate of deposit under the general fund of the
County of Hawaii. Not the under the actual bond or what project it was
designed for. Upon maturity of the bond,the money would therefore
transferred back to Bank of Hawaii in payment of bond. Therefore, in
the money laundering scheme what you have is squeaky clean money of
a ten(10)million dollar return on investment of a municipal bond.
Under Hawaii Asset Protection Act that money could therefore be
placed into the asset protection program. Corrupt officials could receive
anonymously from the trust money paid to them directly in monthly,
quarter allowance. Could it be that maybe Mayor Kenoi was using the
Pcard of the people's credit in order to float money until he got a free
money from this trust? To add to this,the audacity of our Mayor to use
his card in a hostess bar. I was military most people do, hostess bar
etiquette one oh one. Cash only. Come on folks. The proprietors of
these establishments are very well aware of laws and regulations. When
you have a high level profile political candidate in there. They know
there's some she-bye going on. So where's these selfies of the Mayors
frisk. We have come to the point now that somebody mentioned the CIA
stuff. If you look at the history, of the Bank of Hawaii you'll notice
there was a person Marilyn Dunhum. Who in fact was the escrow officer
and allegedly the bag man for the CIA and apparently the same avenue
of these bonds sale and laundering were the same resource and assets
used then. As you all know Marilyn Dunhum is the grandmother who
raised Barack Obama. Could it be that our Mayor was using the
knowledge and authority that nobody would touch him from fear that this
would come out.
Ms. Kahakalau: You said that you had a third agenda item that you wanted to speak to.
Mr. Cole: What I am bringing forth here is for years I've been trying to expose
these gift disclosures and corruption in the County. I'm been before the
Boards and many times the same thing has happened. The Board will
recuse themselves. Had the Board accepted my petition and allowed my
petition when I filed against the Mayor and Nancy Crawford for these
illegal bonds by using their authority to make a profit for the Bank of
Hawaii and others. That was not given to all the people. That was not
heard because one of the Board members recuse themselves because he
was on the bowling team of Nancy Crawford. He did not want to
jeopardize his position on the team. That is why he recused himself and
the petition could not be heard. So I'm am requesting that I understand
my petition will be denied as mute. I'm requesting that these things go
forth in legal fiction in formal hearing by this Board and the evidence
that I have on file here., extensive evidence will show pattern and history
of racketeering and corruption organization act for which we can now
expose this and recover the people's funds and monies. In addition, I'd
like to point out that Mayor Kenoi and the County of Hawai`i is also
extremely corrupt because you only need one thousand two hundred fifty
signatures to impeach an elected candidate according to this thing.
However, I had to go to court in order to get the court to recognize the
County of Hawaii is in violation of the fourteen(14)amendment
because all petition papers must be obtained from Hawai`i County Clerk
for impeachment or recall. The Hawaii County Clerk has no petition for
impeachment. Therefore you cannot petition the government in redress a
grievance. Today I just spoke with the County Clerk and they are now
looking into a preparation in order to prepare the required documents as
identified in the County Charter so that an impeachment petition can be
forwarded. As Mayor Kenoi has already admitted his mo nonfeasance,
malfeasance, misfeasance and administration and office. Upon the
verification of the one thousand two hundred fifty(1,250)signatures,
such petition shall go to court. The Third Circuit Court shall sit without
jury and if the charges are sustained as he has already admitted to then
the office is declared vacant. I thank you for attention.
Ms. Kahakalau: Thank you very much.
Mr. Cole: I hope you do the right thing. I've got plenty of time and not tired not
bored. I can do this for a long, long agenda.
10)Barbara Bellovich (Hilo)signed up to testify on agenda item 4c,Petition No. 2015-03.
Ms. Bellovich: Aloha and thank you for your time. I'm Barbara Bellovich. I would like
to thank you for first for your time. I know that these things are very
time consuming. There been a lot of details presented and you have a lot
details in front of you. I don't want to belabor points that have already
been gone over. So just let me say, I came here from the other side of
the island because I just want to let you know that I am as are everybody
I know completely disgusted. This is to C and to some extent B.
Disgusted with our Mayor behavior. I'm embarrassed for this wonderful
island where I've chosen to live that I love so much. I'm embarrassed
for us and I'm personally enraged that my tax dollars. I'm a little old
lady and I don't have a lot of money. My tax dollars are used not only
property owners but renters to. Everybody pays.Are treated so
cavalierly. Whether or not you use the card and pay it back doesn't
matter. It's not right. I believe it was known that it wasn't right. I
believe much of our Mayor's behavior is not right. I do understand that
he's done some nice things. I don't think he's all bad,but I wish that we
just put my County and just out of its misery and him to just resign. If
not, I will be looking that petition to remove him. Thank you very much
for your time.
Ms. Kahakalau: Thank you very much.
11) Wil Houts(Kohala)signed up to testify on agenda item 4c,Petition No. 2015-03.
Mr. Houts; Wil Houts. I appreciate this opportunity. I come with a voice from
myself and those around me who feel about this. With your decision, we
have an opportunity to make a statement to set a standard for our civil
servants. We want our public trust to be honored. This is where we can
make a difference in our local area. We have individuals drawn to a
job of civil service where others around them are not making wise
choices and they're actually making embarrassing choices. I can only
imagine the stress Ms. Crawford and Ms. Sako and others must of felt
when they determined they were serving with someone who is making
their jobs more difficult and embarrassing. Embarrassing to the people
of Hawai`i. I understand Ms. Crawford tried to draw attention to this
issue with Billy Kenoi. I can only imagine Billy Kenoi wouldn't listen
to a woman cause he didn't. She decided to resign. A ripple effect. I
remind you like attracts like. We can have a better place here. Choose a
normal type of (inaudible)integrity which is doing right when no one is
watching. Please give a chance to attract people. Civil servants who will
do their jobs and who we can trust. Attract public servants who will not
betray the public trust. Mahalo.
12)Richard Santiago(Kohala)signed up to testes on agenda item 4c,Petition No. 2015-03.
Mr. Santiago: Hi my name is Richard Santiago. I've been a life resident here in North
Kohala and held a number of positions like a president of a community
association. In fact, I named the highway out here Akoni Pule highway.
Well I came here today not with a witness statement, but sitting here in
the room I believe that what I've got to see maybe be manini in nature
but significant to your decision. My long life partner and now fiancé
Valerie Stevens and I incidentally we just received our first grandson.
She called me from Kawaihae one day very disturbed. She would make
the statement in writing and send it to you today or tomorrow. I just
called her to verify that this was a fact and that I could say it to you
people. She was at the Minute Stop in Kawaihae one afternoon coming
home from work and the lady came in to use the bathroom. The clerk
behind the desk told her it's only for employees to use. The lady went
back and in came a guy bursting thru the door swearing out of his head.
She immediately recognized him as the Mayor Billy Kenoi. Who the
F... you guys think this is.. Do you know who I am? It was very
embarrassing, he was boastful her words were like a bully. Bully and
like he treated the women that were there like they were insignificant
people. Why I'm saying this is because it happened and I just can't let
this hearing go on without you people knowing what kind of a man this
guy is. How she and the other ladies in the room that day saw him.
That's why I'm in front of you without a written statement. This fact
actually happened and Ito believe this Mayor needs to not slapped on the
hand. Just a moment before me has stated, I think he should resign.
That's all I've got to say and thank you for your time.
Ms. Kahakalau: Thank you very much.
13) Toby Hazel(Hilo)signed up to testify on agenda item 4d,Petition No. 2014-08.
Ms. Hazel: Oh my god. On mother's day I could spank somebody right. Alright I'm
Toby Hazel. I've lived here for twenty-five(25)years and lived in
Hawaii for thirty-five(35)years. The last seven(7)years I've been
trying to get us a senior center in Pahoa. I involve myself with PCDP
and I just, I don't understand how any of this can work. It does seems
totally corrupt. It really, really does. I'm calling it now. Baseball,
Bingo and Boobs. Baseball. Fifty-four millions dollars in Pahoa at the
park and they scrapped away all the dirt and gave it to Bryson. You
know how we saved the trees? I got six hundred(600)signatures in one
(1)week. I had to stand up to Billy in the public meeting and we stood
up and brought a whole bunch of people to stand up to the fire chief.
The police begged them to not cut down the three(3)beautiful monkey
pod trees in the park. The only shade that's left in the center of the town.
What was the big deal about this? They wanted to put a fence right
through where the trees were. You know how we resolved it. Finally
after all this nonsense,the fence went this way around the tree. We have
no access to decision making. Things are a mess on our little tiny local
levels where we live because we are systematically held back from
saying anything or getting anything done to our needs. We get promises
and I'm not saying Billy didn't do some great things. Billy you did some
great stuff. Okay, but you also a bad boy. You promised,you promised
me personally, I think it was recorded somewhere that we were gonna
get a computer hotspot at the senior center in the park. What did we get?
We got dinky do dial-up and it never worked. I had to call Jason
Armstrong all the time and I hate talking to Jason. Jason does this
kindergarten thing with me where he makes me start all the way back at
the beginning and go through every little hoop until I forty-five(45)
minutes later I can get to the place where I can say what it is called to
say. I am sick and(expletive)tired of this. Excuse me. We'll delete
that. It's just ridiculous. It is unethical and it is impossible. I would like
to request that all the senior stuff be taken out of parks and recreation and
given to the department of aging. I don't know who this new guy is
that's the head of department of aging. There are five(5)decades of
seniors and we need a little bit of service. We can't keep coming to Hilo.
Why couldn't we testify from Pahoa today?Why did we have to drive
in? We were told no. You have to drive in. This is all expensive and
these promises. Clayton promised me and you know thousands of
donations were stolen fbr the senior center and thrown away because
some idiot woman whose name I can't remember at the moment is the
head of the senior centers of all of this island. This is not for vegetative
seniors. We have advanced degrees. We want to be able to have key, go
in there and have our activities. Stop. Get your foot off my neck.
Ms. Kahakalau: Thank you very much.
Ms. Hazel: Get your foot off my neck and serve us.
Ms. Kahakalau: Thank you.
14)Rachelle Moore(Hilo)signed up to testify on agenda item 4c,Petition No. 2015-03.
Ms. Moore: Hi. My name is Rachelle Moore. I'm from Waikoloa. I don't have a
speech or anything. This is my attempt to speak to you right through my
heart. I'm addressing Petition 2015-03. Sometimes I feel like I'm Alice
in Wonderland. I've fallen thru hole and I'm running after politicians
who have their hats upside down and are bigger than their supposed to
be. This is truly an Alice in Wonderland. Look at your papers and
you'll see on the national level we have veterans dying. We have the
IRS harassing conservatives. We have pentagon officials, secret service
people having sex parties in Columbia. On the national level, I'm from
New York. Okay. I don't have to go any further than that then to say
New York. Last week.,two major politicians of both parties indicted.
They've been in office for over thirty(30)years. Indicted. For what?
Corruption. Both we've lost our house and senate leaders in New York.
I pick up the paper, I find out my Mayor is going to something called a
hostess bar. Now, I'm seventy-two(72)years old and I don't know what
a hostess bar is. In my day, they were called strip joints. This hostess
bar is nonsense. I can't imagine how his use of the Pcard isn't in
violation of a breach of ethics. What would be a breach of ethics if this
wasn't the case?For as long, for as long. You make mistakes. Yes. I
made mistakes too. We expect our government officials not to make
those stupid mistakes. I know what to put on my credit card so my
husband doesn't see what's on it. I'm not stupid, I pay cash for hostess
bars that I go to. Okay. Humor aside. If something isn't done, I would
like to see the Mayor peacefully and cordially resign. Spare us again if
someone called us the hemorrhage. If something isn't done, what you're
telling the people of the big island is this. You don't deserve anything,
anything any better. Are we going to the voting booths?Are we get
involved?Like this woman said there's all sorts of problems. You got to
go where it's at,you gotta get rid of this kind of behavior. I'm afraid if
you don't. We might.
Ms. Kahakalau: Thank you very much.
15)Jerome Warren (Hilo)signed up to testify on agenda item 4c,Petition No. 2015-03.
Mr. Warren: Good morning. Jerry Warren Naalehu. I am cheated by Billy Kenoi's
administration on sewer bill and on my bus rides. I'll start with the
sewer. The County runs an illegal gang cesspool in Naalehu. They
stared charging me in 2010 when Bobby Command left his newspaper
job because Billy Kenoi gave him a better one as a Mayor's assistant.
My conversation with Bobby lead to the County start charging us for
their illegal system. This is contrary to what my County contract says.
Over on the bus in 2010 the County broke their own baggage fee
ordinance when they started charging me for my extra bag of groceries.
Again,my conversations with Billy Kenoi's assistant Bobby Command
only resulted in psychological warfare on his part. The last straw was
when Bobby Command asked me what would happen if somebody
brought an atomic bomb on the bus. I filed an Ethics Board petition in
2012. They have my documents and I hope they still have them. They
failed to investigate or communicate with me. It's a simple matter. Is it
legal or not? Any how,they didn't do nothing. Kenoi appointed Board
of Ethics acted like a kangaroo court and gave me the brush off. So
where is all the money that County extorted from shoppers who use the
bus? Kids with skateboards are/were also robbed of a dollar. Where's
that money? One time a bus driver swatted me because I wouldn't tell
him where I was going. All I said was up yonder. I filed a police report
because the bus system violated my constitutional right of privacy and
freedom to travel unfettered. When I called administration,Billy
Kenoi's assistant in Hilo told me that the County's bus driver had to swat
me because I wouldn't tell him where I was going. This irked me
because I'm an army veteran and we were told emphatically told to
never tell anybody where we are going. Loose lips sick ships. This just
illustrates that collective conciseness of Billy Kenoi's administration.
Mahalo.
Ms.Kahakalau: Thank you very much. I believe this concludes our statements from the
public at this point. So we will move on to our next agenda item which
is the approval of the session minutes of April 8,2015.
There were no further statements from the public.
3. APPROVAL OF THE REGULAR SESSION MINUTES OF APRIL 8, 2015.
Motion and Vote: Ms. Kahakalau moved to approve the minutes. Mr. Goodenow
second the motion. All members voted aye.
4. NEW BUSINESS
a. Election of Officers (Chair and Vice Chair)
Ms. Kahakalau: Do we have any nominations or motions?
Mr. Adams; I nominate Ku Kahakalau as Chair and Ken Goodenow as Vice-
Chair.
Ms. Kahakalau: Do we have a second?
Mr. Goodenow: I'm forced to second that. That was a quick move there Mr.
Adams. I second.
Ms. Kahakalau: Any discussion to in regards to that matter? I do want to say that I
would be willing to serve right now, but I may have major
transitions happening in August that I just don't know at this point
yet. While I would be willing to serve,there may be changes
coming up in August that will be beyond my control. Just wanted
to let people know that ahead of time. It has to do with job in
regards to jobs. Any other discussion?
Mr. Adams: You all do a great job. I call for the question.
Ms. Kahakalau: Alright.
Motion and Vote: Ms. Kahakalau moved to approve the nomination of Ku
Kahakalau as Chair and Mr. Goodenow as Vice-Chair. Mr. Adams second the
motion. All members voted aye.
Ms. Kahakalau: I guess is move up to the Chair. Mr. Goodenow moves to Vice-
Chair. Thank you for serving and assisting me. Thank you very
much.
Mr. Yoshimoto: Madame Chair before we go to the next agenda item. Can we take
a brief recess so I can transition out and Mr. Murai can come
forward?
Ms. Kahakalau: Yes. Let's have a brief recess. Thank you.
10:04 a.m. The Board took a brief recess.
10:08 a.m. The Board returned from brief recess.
b. Discussion regarding Mayor William P. Kenoi's obligation to file Gift
Disclosure Statements from January 2009 through April 2015 as required by
Section 2-91.5 (Reporting of gifts) of the Hawaii County Code.
Ms. Kahakalau: Before we go any further, I just like to disclose for the record.
Personally that I have in the past received a leadership award from
Billy Kenoi and the County of Hawai`i. Currently, I'm on the
Board of a non-profit that's' admitted P&C proposal. I don't think
that will effect anything, but I just wanted to state that for the
record. In regards to the agenda item, I believe it was put on the
agenda because it something that was made aware. That was
brought out in the press and there was an awareness of the public
there may be an issue there. We just wanted to see where the
Board, if anybody wanted to do a motion in regards to the gift
disclosure statements.
Mr. Goodenow: Maybe this isn't, maybe it doesn't have to be a motion, but you
know I think because there hasn't been any petition or complaint
filed. However, it may be a good idea that we send the forms to
the Mayor just as an abundance of caution. Say here they are and
if you're going to file or not that's your choice. Leave it at that at
this time. I guess I'll make that into a motion. I move that we
don't really take any other action, but that we do provide the
documents to the Mayor. Inform him and ask him to review
whether he needs to file any or not.
Ms. Kahakalau: That's in the absence of any formal petition at this point and time.
Ms. Sweeney: Point of order here. Sorry. I don't know if that's' appropriate. I
have a gentleman here who wants to make a point of order on this.
Is that acceptable?
Ms. Kahakalau; We are advised that's not possible.
Ms. Sweeney: Okay. Go ahead.
Mr. Hyland; Can you hear me? Lanric Hyland. One of the things in my
testimony and part of my petition is the fact that he accepted gifts
and didn't document it.
Mr. Goodenow: Excuse me. Point of order Madame Chair. This is Ken
Goodenow. I just want to say we heard the testimony, but
technically only a Board member can make a point of order. There
is no petition it is just labeled as discussion. I mean we're not like
trying to side step the issue, but no one filed the petition or
complaint. At this time, which someone is free to do so in the
future, but technically I think it's not in order unless some of the
Board wants to ask a member of public a question. It's really not
appropriate to have a non-board member make a point of order
under Robert's Rules.
Ms. Kahakalau: Thank you. I agree with that so thank you very much Mr. Hyland
we will get to your Petition 2015-03.
Mr. Adams: Alright. So for the purposes of discussion I will second the motion
that was previously made by the Vice-Chair.
Ms. Kahakalau: Any discussion?
Mr. Adams: In our Rules of Practice and Procedure, we're not required to wait
for a member of the public to start a petition. We're quite capable
of on our own having a resolution and making a resolution that will
start the process of having a petition. I would ask this question I
was gonna ask for 2015-03, but it actually is pertinent here. I
know that there are other investigations are going on at the State
level. So I would ask Counsel in particular for the gift disclosure
potential investigation or hearing. Is this something that the State
is also looking at? That you're aware of?
Mr. Murai: I'm not aware of any specifics of any Attorney General inquires.
Mr. Adams: Into this gift disclosure piece or on all things.
Mr. Murai: I'm not aware of any specific inquiry about gift disclosures. I do
point out though that the gift disclosures are not mandatory.
They're only required if there is a gift that meets the criteria of the
rules.
Mr. Adams: Correct. So if we take a look at that right. So if we take a look at
what the Code talks about. We actually have two (2) separate
sections that talk about it. Right. The first section talks about the
soliciting, accepting or receiving of any gift. It gives a whole
variety of things it could be a gift. Under and the key there is it's
also under circumstances which it can reasonable inferred that the
gift is intended to influence the officer/employee in the
performance of that officer/employees official duties or is intended
as reward for any official action. That's one section. So there's a
two parted there, you have gift and you also have the idea that gift
is going to be a reward or influence. Then you have the other
section is referencing the reporting of the gifts. This is one that I
am based on the information we have seen in the news media that
troubles me because it does say that every officer/employee shall
file a gift disclosure statement by June 30 of each year given the
following conditions. It talks about these variety of conditions and
then it talks about what you would do with the gift. Then it gives
you some of the exclusions from the reporting. I'm not sure in my
mind that it's clear to me that 2-91.5 is not a concern here. I would
be inclined to, we're in the middle of a discussion on motion. So I
won't make a motion in the middle of that. I would be inclined
when the time is correct to move for a resolution that would have
us take a look at the implications of 2-91.5 given the information
that we have. Again I haven't made that motion so this is all
discussion.
Mr. Goodenow: I really understand and I agree with you in one sense. In fact, I first
saw it on the agenda and my initial thought was well we should
consolidate it with the other one and treat that way. At this point I
mean we haven't been presented, we don't even know, I don't
know whether he's actually filed them or not. It's been what I've
read in the newspaper, but that's it. So given that there is no
petition to really investigate though of course we could Sua sponte
do that. At this time well let's make sure that we ask to have
all/anything that is filed sent to us by Corporation Counsel. We
ask him to double check, see if he wants to file anything and then
go from there. This doesn't mean that it wouldn't be on a
subsequent agenda. I agree if in the course of an investigation of
the other petition 2015-03 it appears to us when reviewing that,
that hey maybe this should've been a gift well then it might be
appropriate to on our own you know add that to the petition. My
initial feeling was I really don't have anything before me except
the newspaper reports. I think because of that I suggest we proceed
by just requesting the Mayor to review it and submit any
disclosures if he has any and take it from there at the next meeting
or when we next review it.
Mr. Adams: When you say the Mayor do you mean the Mayor's office? What
exactly are you asking for?
Mr. Goodenow: Well it says for reporting of gifts every officer right. It would be
specifically that he.
Mr. Adams; So what you're looking just so that is understand you're looking
for the statements from the time he took office. Right. So we'd be
looking at six (6) or seven (7) statements, six (6) office statements
right.
Mr. Goodenow: Whatever he feels is appropriate to file right. I can understand
maybe his Counsel will/might feel that they don't want to disclose
anything so at this time I understand that, but we should hear from
them. At this point.
Mr. Adams: If can ask Counsel a question. Is there a requirement, I'm not sure
that there is but I just want to verify is there a requirement that we
have something that we do something to request this information.
We don't have to have any type of inquiry under way, we can
simply ask for the information.
Mr. Murai: Well,the Board has the authority to initiate its own investigation or
to file its own complaint. As far requesting information, of course
the Board is free to ask that doesn't necessarily mean the
respondent is obligated to respond. I hope that answers your
question.
Mr. Adams: Yes it does. So the motion we have then if I can have that perhaps
read back.
Mr. Murai; It might be a good idea to either re-state.
Mr. Goodenow: So the motion would be to defer taking any action on item 4b,
except for requesting that the Mayor, except for sending the
appropriate gift disclosure forms to the Mayor. Requesting that he
review any gifts and submit any reports if necessary. I'm open to
modifying the language there.
Mr. Adams: Right. So okay that's the motion, that's the motion I seconded. I
would amend the motion in this way. I would also ask that
because I believe that the gift disclosure statements when there
made, they go to the County clerk's office. I would amend by also
asking that the County clerk's office make available to this Board
for the next meeting all the gift disclosure statements that Mayor
has made during his term of office.
Mr. Goodenow: I will agree with that modification.
Mr. Murai: For the sake of clarity. Commissioner Goodenow withdrawals his
original motion. Mr. Adams withdrawals his original second.
Commissioner Goodenow re-stated his motion which was
seconded by Commissioner Adams. Commissioner Adams has
made a motion to modify which was seconded by Commissioner
Goodenow. So we need to vote first on the modification then vote
on the main motion.
Motion and Vote: Ms. Kahakalau all in favor of the modification which would add
the part about the County clerk giving us the information. All in favor of the motion
as modified. All aye. Both of the motions have carried.
Ms. Kahakalau: So we are deferring item 4b until we get information from the
Mayor Kenoi and from the County clerk's office.
c. Petition No. 2015-03: Initial review of petition alleging that a County officer
violated Sections 14-1 (Enactment and Policy), 14-2 (Standards), and 14-4 of
the County Charter(Code of Ethics) by using the officer's p-Card "as a
special privilege to obtain goods and services: from various merchants and
vendors,which is a "conflict of interest in serious breach of"the highest
standards of ethical conduct." Petition also alleges that another County
officer is in violation by continuing to allow the first officer to do so.
Mr. Adams: Madame Chair if I could. This is significant enough if I could I'd
just like to state for the record that I see no reason to recuse myself
from consideration of this. I just prefer to make that statement. I
just want to make sure that's clear. I know that in our rules there
are also opportunities for any person to file an affidavit requesting
that a member of the Board recuse him selves or disqualify
themselves. I'm assuming that we having not heard that I'm
assuming that no affidavits been presented asking any of us to do
that.
Mr. Goodenow: I guess is have to make a motion first that's correct before any
discussion.
Mr. Adams; I'm sorry don't we have someone who is going to testify on this
right, the petitioner.
Mr. Goodenow: I wanted to ask the petitioner.
Mr. Murai; Madame Chair. May I suggest that we call the parties up to the
table and perhaps the first thing the Board may want to do is
acknowledge receipt of the petition and acknowledge receipt of the
respondent's responses.
Ms. Kahakalau: Could we please call the petitioner I guess you're in Kohala is
ready already. If we could call to the front over here Mayor Kenoi
and his representatives.
Mr. Murai: Was the Finance Director.
Mr. De Lima: I'm Brian De Lima. I represent Deanna Sako. I'm an attorney
licensed to practice law and I did submit on her behalf a written
statement. The members of the Board receive our submission?
Ms. Kahakalau& Mr. Goodenow: Yes we did.
Mr. De Lima: Ms. Sako the Finance Director is here. She's sitting behind me in
the first row.
Mr. Luke: Morning Madame Chair Kahakalau, Mr. Goodenow and Mr.
Adams. The first thing I wanted to say is Ms. Kahakalau I wish
you the very best in August. Sorry to hear that you have to undergo
that procedure, but I hope everything turns out well. I thank the
opportunity to speak on behalf of my client Mayor Billy Kenoi.
We have addressed this, the Board regarding our position. I
respect the decision of the Board that I've heard thus far to defer
until appropriately addressed the issues pertaining to the gift
disclosures.
Mr. Adams: Sir. If I may. I think we're just introducing you at this time. You'll
definitely have an opportunity to speak, but I think it would be
after the petitioner has an opportunity.
Mr. Luke; I guess I got ahead of myself. My name is Howard Luke. I'm an
attorney and one of three individuals/attorneys in the State of
Hawai`i representing our client and friend Mr. Billy Kenoi, the
Mayor of Hawai`i County.
Ms. Kahakalau: Mr. Hyland. Can youhear us?
Mr. Hyland: Yes mame I can hear..
Ms. Kahakalau; We wanted to acknowledge that we have received your petition.
Mr. Adams: If I could by the way. I would just note that in our rules the fact
that it was received by the Board actually constitutes that receipt.
We're acknowledging that here, but we did receive it back when it
came to the Board.
Ms. Kahakalau: If you would like to make your statement now. That would be
great.
Mr. Hyland: If I may ask Madame Chair. I sent email to Emily a copy of my
testimony. Do you have that in front of you?
Ms. Kahakalau: Yes we do sir.
Mr. Hyland: Okay. If I may get this out of the way. If you could look at page
4. You will see that I have addressed although I did not cite it
strictly as section 2-91.5 at the bottom of page 4. I addressed that
issue and I assumed that's part of my petition. That the Mayor
received those gifts and I'm alleging that some of them were
illegal. I assuming that will be discovered as part of your ongoing
process.
Ms. Kahakalau: Thank you. I see the double dipping and failure to report gifts in
section F there. Thank you.
Mr. Hyland: Okay. Shall I just start then?
Mr. Goodenow: Perhaps if I could interject Madame Chair. Mr. Hyland in reading
the testimony presented by Mr. Kenoi's attorneys. There is a
discussion about the fact that there is a pending criminal
investigation. I'm not saying that we're not gonna take action. I
think we have to proceed, but if I were to say that given the fact
that there is an investigation would you object to deferring this
matter pending some sort of outcome in that matter. Would you
object to that? That is my question.
Mr. Hyland: I would object in the strongest of terms. The reason why I would
object in the strongest of terms is may I also ask. I sent again to
Emily my response. Mr. Kenoi's attorney did not have
professional courtesy to send me a copy of what he submitted to
you. On the other hand, Mr. De Lima did have that professional
courtesy and I responded to Mr. De Lima's statement which he
presented to you. Do you have a copy of my response to his
statement.
Mr. Goodenow: Is that in your testimony?
Mr. Hyland: No. It's a two (2)page response. It's separate from my testimony.
Mr. Goodenow: I don't recall. I'm sorry I don't seem to have that.
Mr. Hyland: Maybe Emily can say whether she gave it to you or not.
Mr. De Lima: I don't have it either.
Mr. Goodenow: Mr. De Lima doesn't have it either. While we're looking that if I
could ask.
Mr. Hyland: Let me finish my statement at least. What I did in my statement to
you was finally Mr. De Lima cites the administrative rules of the
County of Maui. As thought that means anything to us. That the
Board should dismiss charges against Ms. Sako because the matter
is under investigation by the Attorney General. With all due
respect, the Attorney General himself disagrees. He was quoted on
page five (5a) of the April 7, 2015 West Hawai`i Today article by
Nancy Cook-Lauer as saying quote "Chin said his office could
conduct its investigations of criminal wrongdoing as the same time
the Ethics Board and the County legislative auditor looked into
administrative breaches". I would object in the strongest of terms
if you were to delay this any further. I think you heard several
citizens who testified previously that it's a cancer in our body
politics. We really would like to get rid of it and I would also like
to commend the three of you for not recusing yourself and
agreeing to deal with this situation.
Mr. Goodenow: Mr. Luke and Mr. De Lima would you on the issue of the ability of
the Mayor to respond pending the other investigations. Would
you, could you give us some more insight on that and on your
position.
Mr. Luke: I think the County of Maui does have such a rule that any
administrative proceeding can be held in abeyance until the
resolution of a criminal investigation by either the State of
Hawai`i, Department of the Attorney General or by in the
jurisdiction which I general practice in the City and County of
Honolulu prosecutors office. The same would apply here, I think
the absence of a rule the Hawai`i County does not necessarily
mean that the Pro Se should be ongoing. With respect to what Mr.
Chin has indicated. Very earlier on Mr. Chin said yes you know
the Attorney General could conduct an investigation. I will tell
you one is now under way. I'm not going to discuss what's
happening with respect to that this morning. I think it's far outside
the purview of them of this hearing. I ask that you recognize what
is generally accepted throughout the State of Hawai`i that once a
criminal investigation is under way. That doesn't mean that this
entire proceeding be swept under the rug. We're not asking for
that. We just ask that the observance of due process occur and that
Mr. Kenoi be allowed to have the Attorney General's investigation
run its course. If necessary, if there's any criminal proceedings
that arise out of that investigation. That those also will be resolved
prior to any decision made by the Board of Ethics of the County of
Hawai`i.
Mr. De Lima: Thank you. If you notice in the letter I submitted to the Board. I
pointed out that the trust of my comments is that the initial review.
The allegations against Ms. Sako should be dismissed. If you're
not going to dismiss the allegations against Ms. Sako then I
pointed out that there this fundamental concept of administrative
hearings were there is an investigation. General the administrative
proceedings is deferred or dismissed without prejudice for the
conclusion of the investigative law enforcement function. You
don't want to do is everybody stepping on each other's toes. There
is subpoena power this Board has but frankly a more
comprehensive review is being undertaken by the Attorney
General's office. For Ms. Sako, our fundamental point is that she
came on board as the Finance Director sometime recently in the
context of Mayor Kerioi's tenure. I think there's no dispute that
the finance department has done its job in regards to recording all
the monies that are spent, the records are there. She responded in
way that she has to respond to freedom of information request. In
the due course through the advice of the Corporation Counsel. So
really is no merit in continuing Ms. Sako as a party to this case
because the actions that are being complained about are not
subscribed to Ms. Sako. She did her job as Finance Director. We
urge a dismissal of the allegation against Ms. Sako. She's here,
she's done her job and that's where we're coming from.
Mr. Adams: If I might Madame Chair. Counsel, the Vice-Chair was asking
about the deferral. Is there any light you can shed on this
question?
Mr. Murai: Specifically, what Commissioner Adams?
Mr. Adams: If we're going to consider tabling this petition because there is an
ongoing investigation at the State level, criminal investigation at
the State level. Is there anything that prevents us that you're aware
of from continuing on with this administrative ethical/ethics
proceeding that in parallel with the criminal investigation? For
example, there is a Supreme Court case, Garrity that talks about
the need to make sure that whatever the narrow administrative
hearing,that is proceeding does not. If there are any statements
that are made in evidence as a part of that. If they're not part, if
it's not conducted with due process in mind or the proper due
process in mind. Those statements are not allowed in a criminal
investigation. That becomes a concern for me that as we get into
the potential investigation of this petition, that we may end up
hearing statements that would also be of use or interest in the
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office and the Mayor as well. That we at least have it ourselves at
this point, but I agree in the big picture we really can't get into
adjudication or anything while the criminal matters pending.
That's my thought on that.
Mr. Adams: I'm not sure that my motion actually prevents us from doing
exactly what you'd like to do.
Mr. Murai: Madame Chair if I may. I just took a quick look at.. Board
member Adams couched his motion in a form of motion to table.
According to Robert Rules of Order, motions to table are not
debatable and vote is taken immediately. While I have the floor
and your attention, I do want to point out based on the earlier
discussion. Mr. Hyland says that he never got Mr. Luke's memo.
Mr. Luke: Actually it was Mr. Eddin's micro consumes.
Mr. Murai: Mr. Eddin's memo and I believe that's because the under the
Boards rules, all communications is confidential until it is received
and is acknowledged by the Board. I do want to point out in all
fairness to the Mayor, the copy of Mr. Hyland's petition he was
provided with didn't not have his name and address on it. Rules
also require that the personal information be redacted. Now that
the documents have been received by the Board, receipt has been
acknowledge the Board may authorize the release of that
information to Mr. Hyland. Of course, due process dictates that all
parties know what the other side has filed so they may formulate a
response. The Board may query whether it is prudent or fair to ask
for people to take positions on what the other parties have filed
without an opportunity to consider the matter and respond. As to
Board member Adams request for Pcard information, I believe
that's public information and that's something that staff can
probably acquire.
Ms. Kahakalau: I have a quick question for Council. The release of information
will that require a motion?
Mr. Murai: No. I believe that's within the Board's discretion, but I also..
because I'm not familiar with this Board's procedures and I'm only
here for today. I don't know at what point, the Board ask the
parties. If the matter is to be set forth as formal or informal
hearing, one of the things I understand the Board does is request
that any party wished to have an open or closed hearing. I don't
know when the Board typically makes that query, but it may affect
what information becomes public between now and whenever this
matter may be brought up again.
Mr. Adams: Typically, we would make that query when we receive the petition
and it would be made of the subject of the petition not the
petitioner with having that particular call.
Ms. Kahakalau: At this point, one of the questions we could ask to both Mr.
Hyland, Mr. De Lima.and Mr. Luke is if everybody is okay with
the release of the information.
Mr. Murai: No. Not that specifically, but I guess fundamentally number one as
Board member Adams pointed out. Typically, at the first hearing
or at upon filing the requestor or respondent is asked whether they
wish any hearing to be open or close. Perhaps now might be the
time.
Mr. Adams: If I could Madame Chair. We have the motion, perhaps is need
to... We have a motion that we are considering and discussing
even though we're not supposed to be discussing it apparently
according to the rules. I can always modify the motion to say
deferred as oppose to table.
Mr. Mukai: Right. Tabling is a form of art. You're withdrawing your
motion...
Mr. Adams: Withdrawing the motion and assuming that's okay with the person
second. I'm making the motion that I made before with the verb
deferred as opposed to the verb table.
Ms. Kahakalau: Do we have a second for that? Yes. Thank you.
Mr. Goodenow: Second.
Mr. Adams: Given that we're in the midst of talking about that. I think that
process of determining whether or not we have a closed hearing is
something that we could take up assuming for the sake of
argument that the motion passes. The discussion about whether
it's an open or closed hearing would be something we would take
up when we would then take up this petition again.
Mr. Murai: Of course that's possible. As I said I'm not familiar with this
Board's normal procedure.
Ms. Kahakalau: My specific question was in regards to the release of information if
this would be the proper time to ask if everybody consented to
releasing information.
Mr. Murai: Certainly, the parties I believe are entitled to see what each other
has filed. I think the question of whether it's a public record would
rest on whether it's an open or closed, whether the hearing be one
is open or closed.
Ms. Kahakalau: Thank you. Mr. Luke do you have, are you in agreement to
releasing the information.
Mr. Luke: Madame Chair this is my response. In the spirit of cooperation, we
certainly do not have any objection to the request made of the
County to send you the information that you deem/would like to
see for purposes of your investigation. However, I would simply
ask that you notice us so that we have to respond to those request.
I'll tell you the reasons why. In the first instance, the Attorney
General's investigation has the integrity of being a confidential
investigation. That's true of the County of Hawai`i's prosecutor's
office. All of the neighbor islands and the City and County of
Honolulu. The United States attorney's office and the Department
of the Attorney General's criminal division. I don't think I can
speak for them. They will speak for themselves, but I can tell you
that no one is privy to their investigation, ongoing investigation
that's being conducted. Not even Mr. Kenoi's attorneys.
Ultimately, depending on the resolution of that investigation if
there's criminal proceedings that then ensue. Certainly we would
be allowed under the rules of discovery to obtain the documents to
which we are entitled. This is all ask,that please in your due
diligence and in discharging your duties as members of the Board
of Ethics that you provide us please with notice and time enough
for us to either object or comment to anything that's requested.
The second reason for that request aside from fundamental notions
of due process, is that as I sat in the back listening to the number of
people testified. I appreciated you know the openness of our
democratic process and the different views that were expressed this
morning. I also feel that I have come into a forum where which I
did not expect because in representing Mayor Kenoi I heard a lot
of people criticize his use of the Pcard. I've heard him before he
even contacted me as being a member of the team. Really do a
major mea culpa and penance before the media. He will continue
to do so. This morning aside from some acknowledgment of the
good things he's done. A lot of the comments that were pejorative
went beyond I think the Pcard I think. As indicated you know
when his family was attacked and when other matters seemed to be
irrelevant to the issues at hand. Some of speculations from what
went on with respect to the particulars of the mis-use and I won't
call it miss use of the Pcard. In the sense that timely disclosures
were not made perhaps or payment was not made immediately
upon some of the expenditures that pays the Pcard. Some of the
true based upon my investigation. I'm not here this morning to
address those things. People talk about their own experiences. I
too am a veteran, in the sixty's (60's) I served our country. I was
surprised at what heard and I strongly disagree with some of the
representations made with respect to Mayor Kenoi. I will say this
that if you please, in conducting your investigation as far as you
will, please give us an opportunity at least to review what it is that
you request an opportunity to respond.
Ms. Kahakalau: Thank you.
Mr. Adams: Our rules do require twenty (20) days.
Ms. Kahakalau: Mr. De Lima?
Mr. De Lima: Thank you. My client would like to the proceeding to be open.
The bottom line again is there needs to be prima facie showing that
someone has in other words. You shouldn't be proceeding with
Ms. Sako unless there's a prima facie showing that she's involved
in some way, somehow. In other words, you don't do an
investigation to determine whether there's evidence just because
someone says I want to name her too because I think somebody
should be terminated which is in essence the petition. There needs
to be a basis for it. I know you need three (3)votes in order to
dismiss because you only have three (3) members right now. To
me she should be dismissed, she shouldn't have to be entwined in
this. In terms of your specific question, it should be open. Now, in
terms of requesting records to be frank if you defer, you should be
deferring. You shouldn't be doing anything other than deferring
because Mr. Luke points out. When there's a criminal
investigation, the Attorney General issues subpoenas. Subpoenas
make specific requests. Now, if we knew what was being
subpoenaed, you basically know the thinking of their
administrative search in terms of the records being requested. Let
them do their investigation without interference, without
involvement of an administrative agency. That's my only
suggestion, but in terms of my clients she wants it to be open.
She's not asking for any confidential close proceedings.
Ms. Kahakalau: Thank you Mr. De Lima. Mr. Hyland regards to releasing any
information, can we have your position please.
Mr. Hyland: I am for complete, open disclosure certainly of anything which I
produce and I would also like to comment that there is a clear cut
body of constitutional law called "Situational Immunity".
Anything that's discovered, for instance as a retired law
enforcement officer I can tell when cops are investigated, you can't
use any testimony because you can compel testimony. You can't
use any of that information in a criminal proceeding. That's well
established law, so you don't really have to worry about that
particular conflict. You do have to worry if you were the Attorney
General about what Mr. De Lima is raising, except the Attorney
General says that he doesn't have any problem with it.
Ms. Kahakalau: Thank you.
Mr. Adams: So we have a motion to defer the petition pending the Attorney
General's investigation, a criminal investigation. I think we've
heard that for the purposes the question was whether or not there is
an additional piece of that, which needs to talk about our ability to
request information while we have the petition deferred. I'd be
inclined to say that I think we can ask for what we want to ask for
underneath the motion already. I don't think that prevents us from
doing that. Unless there's a desire to amend the current motion, I
would suggest we might be able to vote, but that's your call.
Ms. Kahakalau: I kind of have a... I'm a little hesitant about doing a concurrent
investigation that may interfere in any way with the State. I really
would like make sure that, you know on all levels that all
investigations are full,, fair and unbiased. I would be inclined to let
the criminal investigation run its course. Pending on the outcome
of that, then move forward with whatever we need to do once that
part has be determined. That's kind of where I'm sitting.
Mr. Adams: If I could. I just ask that there's anything that Counsel has that he
can add to what we're talking about.
Mr. Murai: I don't have anything to add. I don't have anything at this point.
Mr. Goodenow: Point of information. I'm not to be a stickler, I was the County
clerk. I'm just curious, I think Ms. Marks right Kerri right.
You're filming behind in the staff area. I think it's normal
procedure that that's not allowed. We have to treat the press fairly
and I think that always was a rule of the chamber. Perhaps I would
be best if you went outside.
Ms. Marks: No one's every asked me that.
Mr. Goodenow: I may be wrong, I just bring that to the staff's attention.
Ms. Marks: Each Commission sets its own rules, it's not Council rules.
Mr. Goodenow: Well. Its use of the Council Chamber. May be I should've have
brought it up, but.
Ms. Marks: Would you like me to move out.
Mr. Goodenow: I think until I can consult with Mr. Yoshimoto who is the regular
attorney, I suggest maybe you keep out of the staff area. Thank
you.
Ms. Kahakalau: Thank you. Is there any further discussion in regards to Petition
No. 2015-03?
Mr. Murai: Madame Chair I think the first thing we need to do is vote on
Board member Adams motion. If discussion is going to close.
Mr. Goodenow: Defer right?
Ms. Kahakalau: Yes. For the record, do you want to re-state your motion before we
vote one more time?
Mr. Adams: I move to defer Petition 2015-03 pending the... I think I said
completion I'm not sure that's the correct phrasing. Pending. I'll
open that a bit little more pending the...
Mr. Goodenow: Disposition.
Mr. Adams: Pending the disposition of the Attorney General's criminal
investigation.
Ms. Kahakalau: And then we had a second by Mr. Goodenow.
Mr. Goodenow: Yes.
Motion and Vote: Ms. Kahakalau moved to defer Petition No. 2015-03. Mr.
Goodenow seconded the motion. All members voted aye.
Ms. Kahakalau: Mr. Hyland I would like you to know that you an opportunity to
file memo in regards to that motion. If you choose to do so.
Mr. Hyland: I thank you for that and I certainly will be doing so.
Mr. Murai: Madame Chair for the sake of clarity of the record. I also take it
then that Mr. De Lima's motion for dismissal is also deferred or is
it denied?
Mr. Goodenow: Even though I feel that's probably warrants dismissal, a motion
was to defer the whole resolution. The whole thing has been
deferred and I appreciate Mr. Adams comments. Even though is
seems like there's probably nothing there we don't have even a
document. Some of the representations about providing the
information as requested. We really don't have anything. It
sounds like Mr. De Lima made some very good points. The
motion was to defer and that's where we're at is my feeling.
Mr. Murai: So it is to defer all matters then?
Ms. Kahakalau; Thank you very much.
d. Petition No. 2014-08: Initial review of petition alleging that County
officers or employees are in violation of Section 2-83(a)(3) of the County
Code of Ethics because "I was denied courteous, fair and impartial
treatment" and "[ally interest is to expose an enterprise of organized public
corruption within the Hawaii County Government."
Mr. Goodenow: I'm sorry Madame Chair and sorry Mr. Cole but could we have a
brief recess?
Ms. Kahakalau: The Board will have a brief recess.
11:09 a.m. The Board took a brief recess.
11:25 a.m. The Board returns from brief recess.
Ms. Kahakalau: I read previously. Counsel do I need to read it one more time? Or
do we need to wait for anybody else?
Mr. Murai: You don't need to read it one more time.
Mr. Cole: I would request that it be read into the records so it is public the
entire petition.
Mr. Murai: I do note I. Was Ms. Schoen here earlier? She's not going to
appear.
Ms. Kahakalau: We didn't see her. So I will re-read the motion I read it prior to the
break but since we're starting out now. I have no problem with
again we're on item d. Petition No. 2014-08: Initial review of
petition alleging that County officers or employees are in violation
of Section 2-83(a)(3) of the County Code of Ethics because "I was
denied courteous, fair and impartial treatment" and "[m]y interest
is to expose an enterprise of organized public corruption within the
Hawai`i County Government." We have Mr. Dan Cole. Aloha.
Mr. Cole: Yes. Is it my turn? What I am doing, I believe the previous
statements and testimony and other items conversed here brings
extreme focus to my petition. It comes to our governances, the
employees or elected officials have fiduciary obligation to the
people who have contracted them by their vote. Now, I understand
that in Hawai`i I've been since the early sixty's (60's). We have
this thing of assenting- silence according which is a legal doctrine.
Nobody says anything, nobody makes anybody lose face. Okay.
The example is we heard that our current Finance Director
shouldn't have charges against her because she's only been in
office a small time. However, I just confirmed with her, she was
the assistant Finance Director the whole time that Nancy Crawford
was in her position. So it comes to who know what and when was
it known. I will guarantee you this is called the big island, but it's
a small community. The coconut wireless was buzzing alive I'm
sure with the Mayor's presents in a hostess bar across the street. It
was known to a lot of people in the offices, but people keep quite
that is the corruption. The overall racketeering influences and
organization I'm trying to expose is. People are suppressed. Now
if you notice in all my previous petitions before the Board, there on
file here. All this stuff about the corruption names and dates are
the same people were exposed many times. The same situation
were my petitions were pretty much ignored when Board members
would recuse themselves from most Manini and smallest of
reasons. To not allow the petitions go forward like in the case of
Jay Kimura, our prosecuting attorney. Lincoln Ashida, I mean
they just oh one went to church with him. The other one was
actually his brother-in-law. So they were never heard the day of
light just like this one here. The Board members and the people
that this petition was assigned against apparently are no longer
under the authority of this Board. Now that in its self by having
that deferral is equal protection of the laws and equal governance
of the laws. By allowing a group of people to have such authority
to recuse themselves and defer any obligation legally. The
Hawai`i County Charter has the effect of law as does the Rules of
Procedure of this Board. It is a misdemeanor violation of the
Charters. The Hawaii County Police Department does have
authority over that and therefore I am requesting and demanding
my rights that this Board go forth in legal fiction. In other words
you can use case to question and gather evidence for the purpose of
initiating at this Boards action. The proper misdemeanor and
proper filing with the Hawai`i County Police Department, the State
Attorney General's office and the Federal Authorities. The action
that was so egregious were a person, I myself have attempted to
file numerous petitions as you know and I was required to go thru
every circle and hoop„ I was denied this, delayed this and was not
told that my petitions were even on the Board like this one here. I
knew nothing about it and except I got a letter say oh Mr. Cole as
you know your petition was. No I didn't. When I requested the
actual document and letter, which would have a computer
document file as generated on. There was no letter, so again this is
the second time such as happens, actually it's the third time. So
what you have is you have a pattern and history under the Hawai`i
Revised Statute as I state here. Hawai`i Revised Statutes 707-764,
a public servant or public official taking an action or not taking an
action is act of extortion if that action or non-action deprives the
person of their rights or privileges. As what this Board members
done. So again I understand that the Board will dismiss the
petition as having no authority, but under their own authority they
can go forth in legal fiction. There's no doubt whatsoever after all
these years of filing and these documents about the corruption of
the County had a former Board member not recuse them self from
being on Nancy Crawford's bowling team. We may have known
about Mayor Kenoi's expenses many years ago. We surely
would've known about all the tens and millions of dollars of
fraudulent bonds that were issued. I again have gone thru
extensive efforts as you'll note tens of thousands of pages in the
County clerk's office and other places as one of your Board
members will attest to. I'm quite prolific at that.
Mr. Murai: I'm sorry Mr. Cole. ][ don't mean to interrupt you. I was waiting
for a pause, but I just wanted to confirm that our Kohala
connection. Madame Chair. Sorry Mr. Cole I didn't mean to
interrupt you, but we want to make sure that.
Mr. Cole: As I've said before if you're in a hurry in life, you're in the wrong
part of the world to be.
Mr. Murai: I ask that you hold your thought for a second.
Mr. Cole: I'm not tired or bored. I can do this all day long.
Ms. Kahakalau: Do we need to take a recess?
Mr. Murai: Why don't we just take recess in place then?
Ms. Kahakalau: Recess in place until we reconnect with Kohala. That's currently
being tried. Is that correct? Okay. Thank you everybody for your
patience.
Mr. Murai: Sorry Mr. Cole, I didn't want to break your train of thought.
Mr. Cole: Not a problem. In fact I thank you for giving me the ability to
reload and revamp. Double edge sword to be sure.
Mr. Goodenow: We can't reconvene until it's establish.
Mr. Cole: Gotta love technology.
Mr. Murai: Under the circumstances, we can.
11:31 a.m. The Board went into recess.
11:40 a.m. The Board returned from recess.
Ms. Kahakalau: We would like to reconvene just to establish that we're going to
take a recess for lunch at this point and time and wait for the re-
establishment...
Mr. Cole: Do we have time for reconvening?
Ms. Kahakalau: Is thirty minutes sufficient for lunch for everybody. Yes? Do we
need a motion for that? We're go on a lunch recess until 12 p.m.
Mr. Adams: Thank you for waiting Mr. Cole.
Ms. Kahakalau: Again thank you for your patience. We apologize.
11:45 a.m. The Board took a lunch break.
12:05 p.m. The Board returned from lunch.
Ms. Kahakalau: Since we do have Kohala present and on the line. Correct me if
I'm wrong about that. We would like to reconvene the meeting of
the Board of Ethics. Again our current agenda item is item d
petition number 2014-08. Would you like me to read one more
time? Thank you very much Mr. Cole.
Mr. Cole: As I believe we left off at the point, the point I made when we
were lost transmission was. The obligation of a government
official is a fiduciary contract between the elected officials and the
electorate. So in(inaudible) with TSA, they actually have an
obligation under fiduciary and just social communal obligation. If
they see corruption, they gotta say corruption. However, because
of the local island attitude which that's why many of us are here to
begin with everybody keeps quiet. Well, tierney and public
corruption gain a foot hold when those of good conscience remain
silent and that's what happened here. So as with these, as I tried to
explain, I bring forth this information and have been bringing forth
this information. When my petition was first put on the agenda on
August 2014. I received no notification it was going be on the
agenda even though it was required. That also happened on June
2009 at the same time they brought a Maui Counsel over to
represent the County. Bringing this up to the Board members, I'm
ignored. Some people have called me wacky, crazy and whatever.
The corruption as it manifolds becomes more embolden. The
Hawai`i County Charter which they're working on right now. I
bring this forth to show the corruption. However, because you
have people and as often been accused of this Board that their
placed in here as was known as bullet stoppers for the Mayor. In
other words, if you can't get anything thru the Board because
someone recuses themselves or takes no action. Taking non-action
is the deprivation of the person's rights. If the Board cannot act,
then maybe it should be placed into the rules of the Board. That
should they not have the ability to make judgement or sit on an
action due to recusal. Until such time as the person who the
petition is against is out of office. Then maybe there should be a
way for it to be advanced to the Council or something. Now I've
brought forth this information, the information I'm bringing forth
is that of actual violations of Federal, State and County Statues.
This is not a"gee it's nice that we can do this"by placing and
extorting a political candidate in a general election. Those are very
serious charges. As I'm sure the former clerk will admit there. So
to brush them over it just oh do not even fill in the petition form.
There's no charges even filed over the public. That in its self, the
Board knowingly did it because I myself in previous petitions as
you see. They had already ruled and had long discussion that oh
because they had to wait until they get a Board quorum. Jay
Kimura, Lincoln Ashida, they had no authority of the Board and
therefore dismissed the case. At that point,they ruled and Counsel
Schoen was there. They ruled that the Board only had authority on
those people who were County employees or officials. So the
Board under Counsel knowing and knowingly under the cover of
law did conspire to deprive a person of their State and Federal
constitutional rights and freedoms. That is a violation of criminal
Title 18 coded in the United States Code. I'm requesting and I'm
demanding that it go forth. These are emails as some of you may
have gotten. The header of these emails identify numerous judges,
prosecuting attorneys., state attorneys, it's all detailed in specific.
These bonds are detailed by cusp number as to who, what, where
and why. One of the former Board members who this petition was
filed against is a manager or was a manager of an island financial
institution. Would've been known, that such bonds or non-
traceability of funds should have set off every red flag there was.
I've requested what benefit the people of the County of Hawai`i
got from this information or what resources. I was denied that
many times. OIP request, free information request denied, denied,
denied. Well, if they can deny the information and no action be
taken against them because Board members recuse themselves
from being on their bowling team. Then where's the justice in
that? That is a deprivation of equal protection of the law. So this
Board has the authority to go forth in legal fiction to question
people just to establish or if nothing else to say you have sufficient
information on file because you got a lot of it on file in clerks'
repository of records and in the actual files of this Board.
Sufficient to file or request that criminal charges be filed with the
Hawai`i County Police Department for misdemeanor violations of
the Hawai`i County Charter. To be filed with the State Attorney
Generals for violation of Hawai`i Revised Statutes 707-764
extortion of Emily Naeole, extortion of myself and to have the
charges referred to the U.S. attorney for violations of a person's
rights and freedoms and tampering with an election. Those
charges of the extortion and of the actions fall under the Federal
RICO Act. Therefore, happens twice in the pattern of ten(10)
years engages the RICO Act. Under the Federal RICO Act, all
tolling on criminal statues start upon recognition of the enterprise.
We've already acknowledged the fact that we have an enterprise
here because the Mayor uses the card. We have finance directors
and assistant finance directors who are fully aware of the abuse of
public and say nothing. By saying nothing, they are assenting-
silence to their own support of a racketeering organization by the
silence by themselves and public officials. To have this document,
multiple tens of millions of dollars of untraceable funds that have
no bearing apparently and have no record in the County of Hawai`i
as to how much interest was paid to the Bank of Hawai`i. Or how
much interest was received from First Hawaiian Bank or
traceability of where the money went or what was even gotten for.
It's obviously corruption on the surface alone,to have multiple
shadow bonds only issued by the Mayor and the former Finance
Director without the knowledge of the Council. These are all in
records, multiple times and everybody looked the other way. They
did nothing. That's is why we're here. If we don't step forward
and take governance seriously. If this Board allows this to go over
and say oh the Board has no authority over the previous employees
as they longer on the Board. That is a deprivation of justice of my
rights to petition the government. If everything you petition is
mute and no action is taken, then our rights are gone and this right
happens. How many other people have jobs like the media here?
Look at all the mediareporters who all of a sudden wined up with
jobs with the County. Maybe the media is also intimidated on a
single island. So I'm asking for this go forth to testify, bring
evidence and let the people know that there's somebody out there
who obligates themselves to the fiduciary obligation of contract of
voting. To deny Emily Naeole the ability to represent the people.
The reason they did this to Emily, I've talked to Emily and I'm not
against Emily. I filed the State charges in court in order to expose
the corruption that they were inflicting on extortion on her
daughter and her sons while she was in office. They charged her
daughter with theft or something and they knew it wasn't. She was
afraid to speak up. The reason she was afraid to speak up is
because the people of Hawai`i are put in peril. This is the
documentation on file. What people don't know is and this is the
reason I'm coming forth. There are going to be people killed here
shortly and die. In 2000, we had a flood and 2001 there's a
contract let to clear the Hilo streams of flood debris. The Hilo
stream were not cleared, it was a local boy, good old I scratch your
back and you scratch mine. They altered the Hilo streams of over
five hundred (500) dump trucks of material for the protection of
property. Well when you divert water from one place to another
place, that erosion is now evident. In 2008, Council Chairman J.
Yoshimoto referred it. So if we can get this exposed, we can
protect the people. On the other side, if no action is taken these
occurrences happen. The lawsuits against a municipality not
prector a sovereign would bankrupt and completely destroy this
government.
Ms. Kahakalau: Thank You.
Mr. Goodenow: Mr. Cole point of information or inquiry. These other allegations I
assume they're the underline allegations in the previous petitions
that you've said were dismissed. Right? You're saying now that
you were treated differently.
Mr. Cole: In fact I verified because here's the verification.
Mr. Goodenow: I just wanted to let you know though I do know somewhat about
the flooding issues and your involvement. I don't have any of that
before me, I wasn't on the Board at the time. I just have your
current petition under review and that basically is that it appears to
me. I want to make sure I have this right as far as this petition.
You're saying that in other persons' petition, the one regarding
Emily Naeole. That was treated differently from yours that's
really what yours is about. I just wanted to clarify that's where
we're at.
Mr. Cole: The clarification is the fact that I'm bringing it forth the evidence.
Should and that's why I requested to go forward in legal fiction. If
nothing else, as a fiduciary obligation and a moral obligation of a
government body. I would be more than happy to bring all the
documentation, verified documentation so that the public may
know of the peril they're in and they can make decisions as to
themselves. The alteration of the FEMA flood insurance rate maps
is an issue. When these bonds come out and they start looking,
there's multiple sets of these things.
Ms. Kahakalau: At this point, we're really just looking at you having been required
to have a complete petition and the other person that filed the
petition against Emily Naeole, that petition was incomplete.
Mr. Cole: So I was treated unfairly and disparaged by this.
Ms. Kahakalau: Thank you. Do we have a motion?
Mr. Adams: Actually I have a question for the Counsel. Mr. Cole's bringing up
this concept of legal fiction as a way for the Board to consider his
petition. I'm not necessarily familiar with that. Do you have
something you could to me about?
Mr. Murai: Yes. Member Adams I'm not sure what Mr. Cole means by legal
fiction. My understanding of a legal fiction and you folks are
probably familiar with it yourself. For example, if I had a will and
my will says if my spouse dies within thirty (30) days of my death,
she shall be deemed to have pre-decease me. That's a legal fiction
because it's the law is treating an act that actually happened as if it
didn't happen. Now, I'm not sure what definition Mr. Cole has,
what I have heard him say is that. I don't want to miss-quote you,
but I just want you to understand what my and what I heard which
is that he believes that the petition cannot be maintained against
the people who are named because they are no longer on this
Board. He wants to proceed as if it were a legal fiction. Do you
mean?
Mr. Cole: As if they were on the Board for the purpose of questioning and
gathering information for public dissentions as to the protection of
the public as under the fiduciary obligation of the Board.
Mr. Murai: Okay. I think I understand what you're saying now. Does that
answer your question?
Mr. Adams: Yes it does. Thank you very much Counsel. If I might, I move
that we separate the petition that's in front of us in regards to
Bernard Balsis, Arne Henricks and Glen Hisashima. Remove them
from this petition as they are no longer employees of the County.
That's the motion.
Mr. Goodenow: I'll second that.
Mr. Adams: Alright. As you are well aware, the precedent of this Board prior
to me being here as well is that. Actually based on what the
Charter says, who we are able to, the Charter and the Code who
we're able to consider our jurisdiction as an entity, a government
entity. Folks that are officers or employees of the County. That's
the deal. If you are not an officer the sole exception to that is when
you're a candidate for public office and has to do with the financial
disclosure elements. That's in the Code itself, so otherwise you
have to be an officer or employee of the County for us to have
jurisdiction. When you are not, an officer or employee we don't
have jurisdiction. Therefore unable for us to consider those folks
that aren't on the Board.
Mr. Cole: However, I believe as the Counsel admitted under a legal fiction
the fact that they used their position under the cover of law and
under cover of Counsel to prevent themselves from being brought
before Board of Ethics is itself the violation of law. Which is a
criminal charge to be referred law enforcement authorities. That's
why I'm asking for go forward otherwise this Board is mute.
Mr. Adams: Mr. Cole you actually have the ability to go to criminal court.
That's entirely your right under our constitutions both Federal and
State obviously. So you could bring that if you'd like. The fact is
that we are constrained by the laws we have in the Charter 14-5 it
tells us what is a Board we can do. Legal fiction are great for
courts, we are an administrative body. We look at and take
consideration of the Code and the Charter and Rules of Practice
and Procedures that we have in front of us. Precedent is such that
the three (3)members that are of the Board that you talked about
are longer members of the Board. They're no longer a County
employee, we're unable to consider them as part of this petition.
There's a motion on the table to remove those three (3) and I don't
know if there's any additional discussion.
Ms. Kahakalau: Is there any? You seconded the motion?
Mr. Goodenow: I did second.
Ms. Kahakalau: Is there any further discussion?
Mr. Goodenow: Very briefly that doesn't mean though and I don't want to jump
ahead on the agenda. You know when we review the Code,
Charter there's nothing we can do about without a Charter
amendment, but we can make recommendations to the Council that
in future this is something that should be considered. I ask
Counsel this, I mean without jurisdiction, fiction or no can we
really do anything?
Mr. Murai: No. Jurisdiction is always kind of a threshold question and it's not
something that's..
Mr. Goodenow: We would be violating the law if we did.
Mr. Murai: Also, I ask the Board to also consider Rule 4.5 specifically second
section that discusses the Boards action on a request which is
speculative or hypothetical and not an actual situation. I'm not
sure whether that, how that lines up with proceeding..
Mr. Adams: Legal fiction?
Mr. Murai: Yeah.
Mr. Adams: Again it's May so the Board can determine that as well. Right.
Motion and Vote: Ms. Kahakalau moved to remove the three(3) Board members
from petition. Mr. Goodenow seconded the motion. All members voted aye.
Mr. Adams: We still have as part of your petition we still have Deputy
Corporation Counsel Renee Schoen. She is still in the County
employ and so as a jurisdictional matter we're able to consider
your petition. Alright. So as we take a look at this and hearing
the, seeing the petition,the testimony that you provided, the
documentation that you provided. I just like to bring out a couple
of points that are relevant, that I believe are relevant. Our ability,
we are given the authority to receive complaints in the Charter
Section 14-5(c). Right. In the Code, Article 15 Section 2-
86(b)(1), is that the Board through its Chairman acts on petitions
that come to the Board. 2-86(c) is that any petition which doesn't
do a particular thing may be rejected. In addition,the Board may
for good cause reject any petition. In the Rules of Practice and
Procedures which we refer to before which are Section 4-5(a)the
Board may for good cause refuse to entertain a request for an
advisory opinion. I bring all these things up to indicate that it is
the Boards responsibility to determine how to dispose of the
petition. The Boards. The staff has in other areas the staff may
have authority to meaning in other jurisdictions that the staff may
have authority to consider whether or not a petition is worthy
enough to make the agenda of a particular Board. That is not the
case with this particular Board. In this Board, it's pretty clear to
me that we see the petition and we decide how they are disposed.
What the disposition of the petition is going to be. As a result, the
petition is provided by a member of the public, a third party and
parlance of the Code. Then it shows up on the agenda. We then
consider it at first time, first time seeing it. That is not different
then what/how you were treated. Right. That is not different so
when Counsel Schoen provided you or took the petition from
the/with the respondent being Ms. Naeole and put it on the agenda.
She did that under the guise of what our Board requires. The same
as she did with your petitions.
Mr. Cole: May I correct you there for a minute.
Mr. Adams: Well you may comment.
Mr. Cole: I will comment. Thank you very much. I was treated differently
in so fact as a pattern and history. When my petition first appeared
on the Board of Ethics agenda in August, I was not sent the agenda
electronically for one which I am on the list for. Nor was I
provided the piece of paper as required by the Board's rules and
procedures to be notified when a petitioner's petition would be
placed on the Board. Had I known that my petition of 2014-08
would have been placed on the August Board? I would have been
there and exerting my constitutional rights of speech. The fact that
is was deprived the knowledge was a knowing and knowing
violation of my rights to petition government redress of a
grievance. And so fax it was understood by Ms. Schoen and by the
Board that they could delay and deny my ability to petition the
government by recusing themselves as such point that no quorum
could have been gotten. Until such point as you now have pointed
out they're no longer under the authority. So they used their
position of authority under the cover of law to create a class of
government officials that are not answerable to anyone. That is
exactly the second time it was done because in June of 2011, it was
also done the very same way by the very same people. The only
reason why appeared before the Board at that time is somebody
tipped me off they're gonna do it. So this is a pattern and history
knowing and knowingly conspiring in deprivation of rights that
they knew there would be delaying this until a point that the no
action could be taken by the Board.
Mr. Adams: If I can make a comment to that. I was on the Board back in
August 2014. We didn't know that there wouldn't be a quorum
available to consider this because we knew that two (2) of the
members that you are talking about continued to be on the Board
into 2015. There was not guarantee that we weren't gonna have, as
a matter of fact we thought we might have additional members that
would fill out the Board and would have provided us a quorum.
There was no knowledge that as a Board, we thought that we were
dismissing this particular petition or deferring this petition until
some of the subjects the respondents that you listed in the petition
were no longer going to be available. We had no information
regarding that.
Mr. Cole: However, Ms. Schoen did in fact know that I was not provided the
notification as required by rules and procedures of this Board.
That I could have been there at that meeting and perhaps my public
testimony before the Board members at the time and should Mr.
Balsis have known as a financial manager that he could be charged
under State and Federal Statutes. Perhaps the Board would not
have recused themselves and allowed the matter to go forward.
That is the action here of deprivation of rights and of the act of
extortion by a public official. They knew and prevented me from
coming knowingly taking action that they anticipated would result
in this Board in not hearing the petition in a timely manner. That
was a practice, that was a second time Ms. Schoen had done that.
Mr. Adams: If I might Madame Chair. Let's just make sure that we're careful
with our wording. I don't believe anyone prevented you from
coming. The fact that the agenda is put out according to the
Sunshine Law and list what the petitions are that are going to be on
there. That's available to the public. If there was an oversight and
I don't know that there was, I'm not even saying that there was an
oversight. Let's assume for the sake of argument that you didn't
receive that correspondence.
Mr. Cole: As required by the Rules of Practice and Procedures.
Mr. Adams: Let's say that didn't happen. The fact is, is that you not receiving
that did not prevent you from finding out that your petition was on
the agenda and coming. Just saying. You were not prevented from
coming. Thank you.
Mr. Cole: We want to go down that avenue?
Mr. Goodenow: I want to interject. I'm a little confused here because you've
brought something up in your testimony that really isn't in the
petition exactly. The petition is saying that other one was handled
differently. Your now saying that well you didn't receive notice.
So?
Mr. Cole: It's all encompass of additional avenues.
Mr. Goodenow: I can see how it being related, but I mean technically the petition
before us is only about the one issue. If Counsel can give us
guidance, I mean would it be appropriate for him to file a new
petition alleging he didn't receive notice and that was unfair?
Mr. Cole: If we could read the actual statement under section four.
Mr. Murai: I'm sorry member Goodenow. Say that again.
Mr. Goodenow: May I borrow your petition here. The petition talks about the fact
that this other, the one about Ms.Naeole was treated differently. It
wasn't complete, but you know and they require all of him to meet
these hurdles. That's really what's in the petition here, it's kind of
new information that there's an allegation that maybe they
purposely did not send you the notice. You're saying that they
should have. To me kind of a separate issue than what we have
before us.
Mr. Cole: It's still mis-treatment though.
Mr. Goodenow: Ask him to present a new petition or can this be amended Sua
Sponte so to speak.
Mr. Murai: Now Mr. Cole raises a notice issue. I do note that notices is a two-
way street. I would suggest to the Board that if the Board believes
that if what Mr. Cole is doing is raising new allegations or new
claims that notice requires that Deputy Corporation Counsel
Schoen get notice of those new claims. I do note that I understand
that she did file an answer. I would also suggest to the Board that
we acknowledge receipt of that answer so we may provide.
Mr. Cole: I see no answer no.
Mr. Murai: I'm trying to get you the answer. Mr. Cole believe me I am trying
to be fair to you. All I'm saying is that if the Board will
acknowledge receipt of Ms. Schoen's response, then we may
provide that to Mr. Cole. Now, with regard to whether Mr. Cole is
going to well first the Board could certainly instruct Mr. Cole to
either submit an amended petition or to supplement his petition.
Mr. Adams: Let me just say that actually Vice-Chair Goodenow is correct. I
actually went too far in having this conversation regarding the
notice provision. Obviously, I can't strike that from the record
because it's in record, but I shouldn't have had the conversation
with you. It's not far to him and it's not fair to the respondent for
me to have had that conversation about what we now know in 4.5
is potentially a purely hypothetical situation. Until we see it in a
petition, then it wasn't appropriate for me necessarily to have that
conversation. When it comes to the discussion regarding this
petition and how you as a petitioner for the previous petition you
listed that were 2011 is your one and all. The petition 2014-04 that
difference I think I stated how I view that sufficiently.
Ms. Kahakalau: Maybe we proceed first by acknowledging the receipt of the
response dated May 8, 2015 from Ms. Schoen Deputy Corporation
Counsel. Is that something that we need to motion or we just
acknowledging the receipt at this point and time?
Mr. Murai: That's correct.
Ms. Kahakalau: In order for you to get a copy of that.
Mr. Adams: I'll give him a copy.
Mr. Goodenow: You can have mine. Sony to make you come up here.
Ms. Kahakalau: At this point, we would be looking for a motion to continue our.
Mr. Cole: May I make one statement here in reference to this. The reason
why that I am bringing the petition is I'm trying to expose
corruption. I hope that's the main and the responsibility for the
protection of the people and fiduciary obligations. In the meetings
in June, Corporation Counsel Ashida at the time had submitted a
letter to the Board basically I knew nothing about. Had basically
said hey you know it was a very disparaging letter that I shouldn't
be looked at or shouldn't be known. When I asked the Board
Chairman Dill at the time acknowledge receipt of the letter. They
asked me oh have you seen it, I said I haven't seen nothing. They
refused to give me a copy of the letter of which Corporation
Counsel Ashida wrote that actually defined the whole meeting they
were talking about Webster's Dictionary and wacko and this and
that and on and on. Had I known about the letter, and the fact that
I actually been accused of being wacko or something in an
extortive letter? I could have made a comment. I was refused the
letter at the Board meeting. I was refused the letter at the
Corporation Counsel and I actually had to apply numerous times
for the officer information practices. Just to get a letter of
extortion against me that was kept sacred. The same meeting was
kept sacred from me just like this one. So it's a pattern and
history. The object is to make this open so that people will come
forth. The more people that come forth and more people that take
an active part in their government to hold the government
responsible. That is the obligation we are trying to fulfill here.
Ms. Kahakalau: I do agree with you that is you know what we are all here for is
make sure that the government functions open and ethically. At
the same time we also need to go specifically with the petition and
wording of the petition that's been filed at this point and time. We
have taken out the first three (3) Board members so at this point.
Mr. Adams: I would make a motion and I would move that the petition 2014-08
be dismissed for good cause as it pertains to Deputy Corporation
Counsel Renee Schoen.
Mr. Goodenow: I'll second that.
Ms. Kahakalau: Do we have an additional discussion in this matter?
Mr. Goodenow: My only comment is. Again we're only looking at the fact that this
petition made it to Board. I think Mr. Adams made it very clear
legally that it had to happen that way because only the Board can
dismiss an action. So as far what's in your petition now, that's not
an issue. I think you should feel free to file another petition talking
about notice wasn't provided to you on these occasions and letters
kept from you. That's a different issue. Just strictly on this issue
about Emily Naeole, the petition about Emily Naeole versus yours.
I think Mr. Adams has made it clear and I support the motion just
on that issue.
Mr. Cole: Yes, but you also accepted I come forth in accordance with and
required by United States Code Subsection 4 Misprision of Felony.
The information I'm bringing forth to you in this hearing is of
actual knowledge andactual by the fact is was a done
accomplished of a violation against the United States. In the
record it's in the record.
Mr. Goodenow: I just note. The underlying facts of these previously dismissed
matters I do not have any of that.
Ms. Kahakalau: Is there any further discussion?
Motion and Vote: Ms. Kahakalau moved to dismiss Petition No. 2014-08. Mr.
Goodenow seconded the motion. All members voted aye.
Mr. Murai: For the sake of clarity this is as to Deputy Corporation Counsel
Renee Schoen and that's because the other named respondents
have already been dismissed.
Ms. Kahakalau: Yes. It was stated that way in second motion.
Mr. Murai: And for the clarity for the record because we have to prepare a
decision, I know that member Adams stated that there's good
cause. And that good cause, I'm not just trying to paraphrase
would be that Mr. Cole was not denied courteous, fair and
impartial treatment by the County Board of Ethics and the named
respondents. Is that correct?
Mr. Adams: Yes. Not to speak for you.
Ms. Kahakalau: No that's correct.
Mr. Goodenow: In the context of the petition.
Ms. Kahakalau: Thank you very much Mr. Cole.
Mr. Adams: Thanks Mr. Cole.
Ms. Kahakalau: We're moving on to agenda item e.
Mr. Murai: Before moving on to the next agenda item, may we take a brief
recess in place so that Mr. Yoshimoto and I can switch.
Ms. Kahakalau: I call for a brief recess to switch our Corporation Counsel and have
J come back.
12:30 p.m. The Board took a brief recess.
12:32 p.m. The Board returned from brief recess.
e. Review of Gift Disclosure Statement received from the following County
officer or employee.
(1) Bobby-Jean Leithead-Todd
Ms. Kahakalau: I have here a disclosure statement with several items. If any or
either one of you would like to review that. I would like to make a
motion to approve the Gift Disclosure Statement of Bobby-Jean
Leithead-Todd.
Mr. Goodenow: I'll second.
Mr. Adams: The question is do want us to do this like we do the Financial
Disclosures were we initial this? Do we need the motion also?
Ms. Lawrence: You can approve it and then do the motion to approve it. You can
just initial.
Mr. Adams: So we would do a motion for all the Financials, that's the same
thing with the Gift Disclosures. Got it.
Ms. Kahakalau: So we'll review that.
Mr. Adams: I won't take forever.
Mr. Goodenow: Please.
Ms. Kahakalau: There's only a few items. We might have to take another recess.
Do we re-state the motion?
Mr. Adams: That's a good question. I'm not sure.
Ms. Kahakalau: J may I ask if I should re-state the motion?
Mr. Yoshimoto: Yes.
Ms. Kahakalau: Sony about jumping the gun there. It's the first time we had since
I've been here.
Mr. Adams: I know, me too. Actually first time I've seen it.
Ms. Kahakalau: Well, we may be seeing more. We have the signatures of all three
(3) Board members present so I'd like to make a motion.
Motion and Vote: Ms. Kahakalau moved to approve the Gift Disclosure Statement
of Bobby-Jean Leithead-Todd. Mr. Goodenow seconded the motion. All members
voted aye.
5. UNFINISHED BUSINESS
a. Resolution 2015-01: Review draft informal advisory opinion regarding the
hearing into allegations of misconduct brought by Mariner Revell against the
Coalition of Tobacco Free Hawaii, pursuant to Rule 5.2(a) of the Rules of
Practice and Procedures of the Board of Ethics.
Mr. Adams: I move to approve draft informal advisory opinion as circulated.
Mr. Goodenow: Second.
Ms. Kahakalau: Okay. Any discussion?
Mr. Adams: Well indeed I do. I did receive the report that they made,
expenditures of contributions report they made to the Hawai`i State
Ethics Commission that was appropriate for the report year 2014
May 1 to December 31. They did that in accordance based on the
timeline in the State Ethics Commission. I had asked in the
meeting if they had done the same for the County. It appears they
had not. Now, they did say they needed to check with the
bookkeeper so you know that's a little bit of I understand that a
little bit. It does make me ask what else, but when I take a look at
the informal advisory opinion and I also take a look at the Code. It
does indicate a willful or that there be some type of willful
intention as a part of the non-filing as opposed to we didn't know
kind of thing. I'm not happy, but I will vote for this motion.
Ms. Kahakalau: Any further discussion regarding this matter?
Mr. Goodenow: I'm sorry. I appreciate that you've you know so you're saying
because the Hawaii State Ethics Commission report list the
compensation. Could you go over that one more time. You lost
me there. It took a while to get the form.
Mr. Adams: I understand. The organization Coalition for Tobacco Free
Hawaii, they as a part of the petition back in March, February or
something like that maybe January. They were, both they and
Council Chair Kanuha were accused of not doing things in
accordance with lobbying laws. We dismissed the petition
regarding Council Chair Kanuha and I said hey I also want to
know about this particular organization. As much as may agree
with their principles, the fact is that they were operating without
being a registered lobbyist. You know that's not good. They came
in and talked about it. I asked them a question last meeting I think
right that said"Have you guys filed your, you say you registered
did you file your appropriate lobbyist report of expenditures,
contribution and subject areas." That would have from the last six
(6) months of 2014. The response was "I think so but I'll I have to
check with our bookkeeper." So I then asked for the reports to be
made available to me since they were maintained right here in the
County Clerk's office but that wasn't possible as it turned out
because they weren't there.
Mr. Goodenow: I see this was filed.
Mr. Adams: They were then filed pretty quickly.
Mr. Goodenow: April 13.
Mr. Adams: They were filed pretty quickly, made available to us and now
they're filed. There you go.
Mr. Goodenow: As far as the evidence they produced or their testimony that they
didn't spend more than five (5)hours. That's still were accepting
that.
Mr. Adams: We're accepting that.
Mr. Goodenow; Okay. Thank you. I'm a little slow on that, but I agree with you. I
remember them saying that even though they did put that caveat.
It almost seemed like "Oh yeah"that that had been done. I thank
you for bringing that to our attention.
Ms. Kahakalau: I had a question for Counsel then. Would it be possible procedure
to just follow up a letter to them as a reminder to in the future
make sure that they file the things on time or would that be
inappropriate?
Mr. Adams: You can always send a letter to the lobbyist.
Mr. Yoshimoto: Yes.
Ms. Kahakalau: I would like to if we could work together to draft such a letter. To
send them a reminder saying that we're going to move on this, but
independently of that. A reminder to please make sure that they do
file the necessary documents on time.
Mr. Yoshimoto: Okay.
Mr. Goodenow: I think we should say"hey you said this or that."but it think you
could maybe start the letter off by stating that we see that you filed
this on April 13. One of the reasons why we kind of moved to
dismiss was the totality of the circumstances there. So maybe if
that could be done I'd appreciate it.
Ms. Kahakalau: I fully agree with that. You can just get in contact with me in
regards to the signatures. Is there any further discussion on
Resolution 2015-01?
Motion and Vote: Ms. Kahakalau moved to approve the draft of the Informal
Advisory Opinion as circulated. Mr. Goodenow seconded the motion. All members
voted aye.
Motion and Vote: Ms. Kahakalau moved to go into executive session for the
purpose of reviewing executive session minutes of April 8,2015,to review
Confidential Financial Disclosure Forms, and to consult with legal counsel, as
r
deemed necessary at the time. Mr. Goodenow seconded the motion. All members
voted aye.
12:49 p.m. The Board left regular session.
1:24 p.m. The Board returned to regular session.
* * * * *
1:25 p.m. The Board took a break to re-establish connection with Kohala location.
* * * * *
1:28 p.m. The Board re-established connection with Kohala location.
6. VOTING ON EXECUTIVE SESSION MATTERS
Mr. Goodenow: Someone just texted me that Tiffany Edwards is going off on the
Big Island Chronicle I guess about Kerrie Marks. We may have
confidential paper on our desk. There's technology. That was
always a rule that that's the staff area. I guess we make our own
rules.
Ms. Kahakalau: I'm in agreement with you. I should have caught it and I didn't so
thank you for pointing that out. I think we should go there because
you can see the computers and everything and that's not
appropriate. Maybe one of the things next at the beginning of the
session I can make an announcement when they turn off the
phones also. That to please stay on this said of the room.
Mr. Yoshimoto: For Council, there was a line.
Ms. Kahakalau: We can do that the next time just to let them know. It's probably
not going to happen now anyways.
Mr. Adams: The one thing I've learned about being on this Board. It will
happen again.
a. Review of the executive session minutes of April 8, 2015.
Motion and Vote: Ms. Kahakalau moved to approve the executive session minutes
of April 8, 2015. Mr. Goodenow seconded the motion. All members voted aye.
b. Review of Confidential Financial Disclosure Forms filed pursuant to Section
2-91.1(d), Hawai`i County Code, by County board and commission members
and designated County employees, where personal matters will be reviewed.
'.
Ms. Kahakalau stated that they reviewed seven(7) financial disclosure forms. Of those,
numbers 2, 3, and 4 were referred back for additional information. Numbers 1, 5, 6
and 7 were approved.
Motion and Vote: Ms. Kahakalau moved to approve all other financial disclosure
forms and be filed for further review as required. Mr. Goodenow seconded the
motion. All members voted aye.
7. DISCUSSION REGARDING AMENDMENTS TO THE RULES OF PRACTICE AND
PROCEDURE OF THE BOARD OF ETHICS OF THE COUNTY OF HAWAII
Ms. Kahakalau: Do we have any discussions in regards those amendments?
Mr. Adams: Yes. I'd like to ask the Board and also include Counsel as part of
this conversation. If there is any, as we consider the Rules of
Practice and Procedures and also potential suggestions for the
Council amend the Code of Ethics. Is any way that we or is it
appropriate for us to look at being able to take situations where
we're not able to consider petitions for a variety of reasons to
move those petitions to some other body. The Charter in my mind
almost prevents that so that may be a very easy question. Just for
the sake of discussion more than anything else. Is it even a good
idea to think about trying to do that? Or do we like the idea that
you know this is it, this is where the buck stop and that's where it
goes as an administrative body.
Mr. Goodenow: Maybe I'll just throw in a couple of thoughts here. I'm just
looking at the Charter and while it talks about kind of the
jurisdiction and you know what the Board does. It doesn't, it says
it includes that each will serve for a term of five (5) years. You
know it does seem that that would tie our hands as far who are the
members. I was trying to think well you could have a system
where if one gets recused, the other members might be able to pick
someone. This is pretty limiting.
Mr. Adams: Right. The more you look at it, the more that it seems to be the
case. We're really narrow. So let's say that we in our rules of
procedure which we're according to the Charter able to establish
that we decide that for a particular reason. A particular
hypothetical situation comes up and we need to move a petition to
say the Council which would be probably the one place that it
would be able to go. The Council might able to consider it, but
they would have so much more things that would have to look at
that would be a part of it. It would not, it would take a petition
that's narrowly looked at by us and open it up. That becomes a
real issue, you almost have to make it a Board of Appeals per the
Ethics Board which is frankly silly. I just wanted to, the thought
came as we were listening to testimony today and given the variety
of things that were occurring today and have occurred in recent
past. The idea that sometimes we have to wait doesn't make us,
doesn't make it happy for the public necessarily, but it is part of
where we are. I think as an entity under the Charter it seems.
Mr. Goodenow: We can always propose Charter amendments to the Council.
Mr. Adams: You think it's a good idea to do that in this regard.
Mr. Goodenow: I don't know if sending it to the Council is a good idea because
even though we're appointed by the Mayor. I mean there is some
prophylactic or what the word is as far as direct politics bearing on
what we do right. I could see a situation with the Mayor for
example and it gets moved to the Council. Wow there could be a
lot of dynamics going on.
Mr. Adams: Sure.
Mr. Goodenow: I do think there maybe should be some mechanism where in the
event someone is recused and the Board is unable to address a
petition as in the case of Mr. Cole here. I can understand
frustration. Maybe there could be another. Board members could
select another party or something. I'm not sure how that would
work, but it would have to be in the Charter.
Mr. Adams: Right. You're almost like a senior judge kind of thing where you
could bring senior judges back on or you have a pool of folks.
Mr. Goodenow: Yeah. That's good thought.
Ms. Kahakalau: My question sort of goes along the same lines as far as an
alternative to current procedure to fill the Board seats. Right now
the perception right if the Mayor is going to appoint somebody is
an issue definitely at the same time I feel very, very strongly that
without a full Board. I don't think we really are following the
spirit of the law in terms of having opportunities for disagreement
when there's only three (3) of us. We have to always agree on
everything and I don't think that the law is meant for that to
happen. I was just wondering you know if that's something we
can explore in our amendments. In certain situations if they could
be, when there is the issue that we currently have before us. If they
can be an alternate procedure and somebody else basically making
the decision so as to eliminate the perception of our conflict of
interest.
Mr. Adams: It's worth thinking about.
Mr. Yoshimoto: Just a few thoughts. I think those are good suggestions. One other
idea we would need to change the code in the Charter. Would be
to, you know how we hold over provision for three months right.
Members are allowed to stay over and maybe suggest is that it
could continue longer until someone is appointed provided they're
willing. I think most Board members are willing because their
very committed. You serve five (5) years and you have to go an
extra year because you're waiting for someone to fill your seat.
That might be idea.
Mr. Adams: That would be Charter because it's in here "each will serve for a
term of five (5) years"the hold over position. If there's a hold
over revision, it probably includes it with the five (5) years
anyways. Right now Charter five years.
Mr. Goodenow: You know. I mean we've had a long day and I have reviewed your
proposals. Maybe we could defer this. I think it's good to throw
things out and not go into too much depths given where we're at.
Mr. Adams: I'm in complete concurrence with you on that. We're in the
process of trying to put this together and as I did my homework
this last one. More things popped up about how other
organizations or other Boards do their work. That were like you
know that's a really good idea. That will become part of this
process of putting these Rules of Practice and Procedures together.
We know that when we do that, that will actually trigger an
addition to the Code itself We're going to have to make sure
that that transition is done appropriately as well.
Ms. Kahakalau: I think it's also sort of our responsibility of the Chair when we
know that the term is coming up that we start being proactive.
Work with the Mayor and work with the people in charge. If it's
alright with everybody, I'd like to if Counsel approves, I'd like to
create a form letter to the Mayor. To nominate and move thru the
process so that we can have a full Board as soon as possible. So
that we can really be impartial and making sure that everybody
does get a fair, unbiased and type hearing that as the law and the
spirit of the law intends. We can work together if that's fine. Any
further discussions in regards to item 7?
8. ANNOUNCEMENTS
Ms. Kahakalau announced the Board's next meeting on July 8, 2015 at 10:00 a.m. at the
Hawai`i County Building at 25 Aupuni Street, County Council Chambers or at another
location to be determined. Any other announcements?
9. ADJOURNMENT
Ms. Kahakalau adjourned the meeting at 1:35 p.m.
Respectfully submitted:
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