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Motion and Vote: Mr. Goodenow moved to send a letter to the Mayor. Mr. Robinson <br /> seconded the motion. All members voted aye. <br /> 5. UNFINISHED BUSINESS <br /> a. Petition No. 2016-20: Review draft order dismissing petition by Edward <br /> Underwood alleging that Prosecutor Mitch Roth was in violation of Sections <br /> 2-83 (Fair Treatment) and 2-84 (Conflict of Interest) of the Hawai`i County <br /> Code of Ethics because he used his position to influence further private <br /> interest regarding a contested case hearing. <br /> Mr. Goodenow: Just a little status report...we had already conducted the hearing <br /> right...the motion was to dismiss that matter...unfortunately <br /> because we don't have quorum...not unfortunately because of <br /> member Adams...but he had recused himself so we're right back <br /> where we are before that we're gonna have to continue this matter <br /> without discussions so I apologize to those of you who are here for <br /> that. I would like to maybe this is better under announcements but <br /> I'm gonna just say something that's not discussion...there's not <br /> motion on this but just because it came up at the last meeting <br /> about...referring the petitioner to the State Board of Ethics...I just <br /> want you to know my understanding and announce so everyone <br /> hears it that I did have a brief conversation with Corp. Counsel on <br /> this matter and it is...my opinion anyway that...it's not in the <br /> scope of this Board's duties to be able to do that...that maybe <br /> individual could but just as a matter of law...so I'm just making <br /> that announcement...that that's where we tend to be on this but <br /> this will move to the next meeting and... <br /> Mr. Robinson: Okay just to be clear...that the County Board of Ethics will not <br /> have the ability to refer an item to the State of Hawai'i's Board of <br /> Ethics or Ethics Commission for review and investigation... <br /> Mr. Goodenow: Again we're not having discussion on this matter. <br /> Mr. Robinson: Okay. <br /> Mr. Goodenow: Right....the Sunshine Law if it's about this matter we have to <br /> be.... <br /> Mr. Robinson: Right...I just want to understand. <br /> Mr. Goodenow: But just...to say that in my opinion that is correct...the Board of <br /> Ethics duties are to investigate...it lists our duties....whether that <br /> 4 <br />