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Mr. Goodenow: Thank you. <br /> Ms. Kahakalau: I think one of the things that would help us also is I think that <br /> there's some misconceptions as to what the power of this Board is <br /> and what kind of consequences would result in hearing or making <br /> a decision in regards to this petition. And so maybe if we could <br /> have Corporate Counsel just explaining to everybody so that we're <br /> clear what our...parameters we have to work under. <br /> Mr. Murai: Madame Chair. The Board of Ethics under its rules and under the <br /> Hawai`i County Code...what this Board does is issues informal <br /> advisory opinions either upon request of an employee or pursuant <br /> to a petition for a complaint against a County employee. If the <br /> Board concludes that the employees actions or intended actions <br /> may run afoul of the Code of Ethics...then what this Board does is <br /> it issues initially an informal advisory opinion. If the County <br /> employee complies with the Board's instructions, then that's where <br /> the matter will end. If the employee insist on continuing the <br /> behavior that lead to the issuance of the informal advisory opinion <br /> then this Board may then take it to formal hearing and upon a <br /> finding and a formal that the County employee still continues to <br /> violate the Code of Ethics...then the Board may consider referring <br /> it to the County Council...referring the matter to the County <br /> Council. Now this is not to say that that's all that can happen <br /> because the County employee...depending on what the action was. <br /> May still be disciplined by the department head or by the County <br /> Council. And by discipline I mean the things that the County...the <br /> employees are normally meted out such as suspension, reprimand <br /> and or even up to termination. So if I...if I'm were to be asked <br /> what this...the Board's role is...the Board's role as I see it is <br /> primarily to educate and guide County employees in how to <br /> comply with the Code of Ethics and how to demonstrate ethical <br /> behavior. <br /> Mr. Goodenow: Madame Chair. <br /> Ms. Kahakalau: So that is what of the issues for me is that at this point even if we <br /> go to a formal hearing...if it should go that far and we do present <br /> to the County Council our concerns. The County Council has <br /> already decided that they're not going deal with the issue until <br /> after the trial. And so it's difficult for me to recommend that we <br /> move forward because I do see the potential of the trial being more <br /> difficult do to the amount of press that's out there. I'm willing to <br /> hear other opinions and discuss this further. <br /> 35 <br />