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2016-11-09 Regular Session Minutes
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2016-11-09 Regular Session Minutes
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guess I would say is the paragraph that falls below the County code <br /> provision "a"that you quote...where we talk about public property <br /> and equipment. The idea that that is...equipment is only tangible <br /> equipment. Could you address that just a little bit more for me? <br /> Mr. Eddins: I said it set forth in the paragraph that it's on page... <br /> Mr. Adams: Three or four. <br /> Mr. Eddins: Page four. <br /> Mr. Adams: You have nothing to add to that? Okay. I'm not sure I necessarily <br /> would concur with your depiction here that public property and <br /> equipment as identified in 14-4 only refers to those things that are <br /> going to be...things that you could handle...if money is taken or if <br /> intangible assets, securities or other types of intangible assets or <br /> property are somehow miss-appropriated...that of course would be <br /> for me an ethical violation and so just because it's not a tangible <br /> piece of property wouldn't necessarily mean that it would fall <br /> outside of the public property and equipment piece of that. So do <br /> you have any comment on that? <br /> Mr. Eddins: It's a matter of law that we disagree with you on...but that's not <br /> the primary point with respect to any alleged 14-4 ethical violation <br /> as set forth throughout the document we submitted. The trial <br /> established under Hawai`i County Charter, Hawai`i County Code <br /> and even policies and procedures of the County i.e. p-card <br /> purchasing agreement from 2003 and 2013 that's in place in this <br /> County. All three of those established the consent that there was <br /> not action without proper consent. That is the kruk's of the matter <br /> here. Whether it was authorized or un-authorized. The points you <br /> just made seemed to be a disagreement between you and us and <br /> whatever higher court may decide on the interpretation of that <br /> subsection...but the larger point is what we have been indicating <br /> throughout this proceeding...throughout that filing is that the trial <br /> established certain things and the trial established the authority that <br /> this County's Mayor whoever it is has and if you look at the <br /> trial...if you look at the transcripts of the trial versus newspaper <br /> articles then you will see that and you will see there's no ethical <br /> violation. <br /> Mr. Adams: So in your letter on page 3, you make that comment that the trial <br /> established the broad and expansive authority possessed by the <br /> County of Hawai`i Mayor pursuant to Charter and Code granting <br /> specifically in 5-1.3...discretionary authority of a CEO reading the <br /> Mayor is the chief executive officer of the County vested with all <br /> 29 <br />
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