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different formats in which this was submitted and I think our <br /> discussion last time was that this board does not have the authority <br /> to do that...correct? <br /> Mr. Yoshimoto: Yes....board member Robinson...that is our office's opinion that <br /> this board is empowered to interpret the Hawai`i County Code of <br /> Ethics...so in terms of the State Ethics Commission and any <br /> member of the public can file a petition or express a concern...so <br /> basically because our powers enumerated in our Charter...our <br /> recommendation is going to be based upon that. <br /> Mr. Robinson: Okay. So consequently this board would not be able to say to the <br /> State Ethics Board...we think this was filed incorrectly...this was <br /> filed as to be some retaliatory event. <br /> Mr. Yoshimoto: Well...in terms of what authority the board has...I mean the board <br /> can basically again...can act upon powers granted to it by what's <br /> in the Charter and as I mentioned before I don't see that provision <br /> or that option you know to the board...available to the board...but <br /> an argument could be made...that its still relevant and that's for <br /> the board to decide...1 can only make recommendations to the <br /> board...but Mr. Goodenow wanted to... <br /> Mr. Goodenow: I think Mr. Adams should...I mean...1 know this in general <br /> terms...I mean if...I feel it would be appropriate if you wanted to <br /> discuss this...but...its...I mean there's a difference between the <br /> Board of Ethics actually filing a complaint right...versus maybe <br /> just referring a matter...the Chair writing a letter saying...to <br /> whomever it is...the State Campaign Spending Commission or <br /> those State Ethics Commission or the Attorney General's office or <br /> maybe even the Prosecutor....if to say that we are referring this <br /> matter for your review...would that be prohibited...I mean that's a <br /> little different...it's not like...I'm not sure...would that be <br /> different. <br /> Mr. Yoshimoto: It depends upon how you're writing that letter right because as an <br /> example we've seen board members write say testimony to <br /> legislators on behalf of a certain bill...they can write on their own <br /> individual capacity so long as they're doing that but if they're <br /> writing with the authority of the board then it has to be a board <br /> sanctioned position...so what I'm saying is...I don't see anywhere <br /> in the Charter where it allows the board to make that referral on the <br /> State level because we're empowered to interpret the Hawai`i <br /> County Code...on the other hand if any of the board members or <br /> anyone in the public wants to file a petition or express a concern <br /> with the State Commission...I mean they can do that as well. <br /> 11 <br />