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03-19-18 Regular Session Minutes
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03-19-18 Regular Session Minutes
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very unusual sitting here on this side and addressing but it's my <br /> privilege to do so...so I'm going to read my testimony because I <br /> think there's some points that I really want to make that I would <br /> not be able to remember it so...I appear before this honorable body <br /> in support of Council member Eoff as a colleague, community <br /> advocate and friend, for more than 30 years. My testimony will <br /> focus on the duties and responsibilities in our role as the legislative <br /> body of the County, and the exceptional personal and professional <br /> character of Ms. Eoff, and my firm belief that Ms. Eoff should <br /> rightfully be allowed to perform her duties and obligations as a <br /> legislator and found not to be in any conflict of interest. The <br /> Hawai`i County Charter provides that legislative power of the <br /> County shall be vested in the County Council and that its primary <br /> functions shall be legislation. This mandate is separate and distinct <br /> from that of the Administrative Branch. Although Council is <br /> charged to enact policies for the best interest and benefit of the <br /> people, there's always the potential for legislation that comes <br /> before the Council to be controversial to some degree. Given that <br /> reality, we, as legislators must be diligent, honest, and <br /> collaborative in every piece of legislation we propose, to ensure as <br /> best we can, that a proposed law brings balance, fairness and <br /> enhances the quality of life for the people of Hawaii County. The <br /> Hawaii County Charter, Article XIV, Section 14-2, which sets <br /> forth standards that will constitute a conflict of interest. I believe <br /> in this situation, the questions of standard that may have some <br /> applicability could be Sections 14-2(b) and (c). The question is <br /> whether Ms. Eoff is using her position as a Council member, to get <br /> special privileges, consideration, treatment or exemption beyond <br /> what is available to every other person. I say no. Or is her <br /> ownership of a condominium unit incompatible with Ms. Eoff <br /> properly discharging her duties as a Council member? I also say <br /> no. Or does that ownership impair her independent judgment <br /> when performing her official duties? Again the answer would be <br /> no. Therefore in my humble opinion, both standards that could be <br /> a applied to determine a conflict in Ms. Eoff's case, have not been <br /> met. Also, Hawai`i County Code(Chapter 2, Article 15, Sections <br /> 2-83(b)(d) and Section 2-84(a)(1) and (3), also contains specific <br /> sections pertaining to the Code of Ethics. I will not address the <br /> Hawaii County Code provisions because those have been fully <br /> addressed by Ms. Eoff in her petition but I totally support her <br /> position on that also. So from a professional and personal <br /> perspective, it is my conviction that Ms. Eoff has been diligent, <br /> honest, and collaborative in every legislation with which she has <br /> been involved, and especially so with the proposed legislation <br /> regarding short-term vacation rentals. I would also note that Rule <br /> 11 of our Council Rules of Procedure and Organization, disclosure <br /> 4 <br />
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