2016-11-09 Regular Session Minutes

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We've already moved to have the informal hearing and that's where we are. Mr. Murai: Members...I'm not trying to persuade you one way or the other. I'm just trying to point out or make a record of the state of where we're at. I don't disagree that this has been set for an informal hearing and that's what we're doing now. I just wanted to ask the Board whether they had number one receipt of the request and as member Adams has discussed...he's a rendered his opinion or his take on the effect of those request at this point. So Madame Chair we will proceed as you wish or direct us. Ms. Kahakalau: Yes. Thank you. Well...in absence of any of the members having any issues with conducting this informal hearing which we set for today based on a motion that was done on September 22 I think so. I think we're gonna move forward with the informal hearing unless I hear objections from any Board members. Also before we go further...I do want to disclose that I don't remember the exact time or maybe in 2008 or something...I received an award from Mayor Kenoi. That's just a disclosure...there was no money attached to it...it was just a leadership award for creating an environmental platinum lead certified building in Waimea. Okay. So go ahead please read the correspondence dated October 28 from Mr. Hyland. Ms. Sweeney: Thank you Chair. She'll proceed now. Ms. Leiser: Thank you Chair. As you said this is the letter from Lanric Hyland dated October 28 that the Board has. Dear Board Members I wish to file a petition with the Board to request a formal advisory opinion as to the following question: "Did former Mayor William "Billy" Kenoi violate Hawaii County Code §2-83(a)(1) and §2- 83(b)(4) during his tenure in office?" I make the request for a formal opinion pursuant to §2-87 since his ability to comply with §2-86's informal opinion ("The officer . . . shall comply with the informal advisory opinion issued by the board.) will become impossible upon Mayor Kim's being sworn into office in early December. I am asking for a formal opinion including Findings of Fact and Conclusions of Law, following the process set forth in §2- 87(b) and (c). I file this petition pursuant to Hawaii County Code Section 2-91.2: (f) the board of ethics is hereby empowered to receive petitions from, and render infoilnal and formal advisory opinions to: (2) any member of the public concerning the conduct of a former officer or employee. The board may initiate an investigation to determine whether the conduct of a former officer or employee is in violation of this section. The specific sections of Article 15 Code of Ethics I accuse him of violating are: Section 2- 14