CHC 1979-02-13 - Laserfiche WebLink

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Article 8 of the code is a verbal expansion of these limitations as set out by the code. It may be that we will have to get you copies of the section in the code. But let ' s start with Number 1 and perhaps we could clarify this->,a bit for you. Number 1 , in Mr. Miyashiro ' s memorandum, refers to Sections 5-C, 8A, 8B, 8C and 9 because there was a lawsuit filed against the county and in that lawsuit the attornies referred to the sections as they are described in the code, rather than the Charter. Section 5-C is Section 14-2(!c) in your Code of Ethics. MR. TRULSON: Excuse me, dash what? C? MS. GARCIA: Yes. Section 5-C as referred to Mr. Miyashiro' s_ memorandum,=>which is the code reference, is Section -14-72(c)14-2(c) on page 36 of the code. But I think that that is the- only section that is specifically. .or is verbatim, the same language. The other sections are not in your Charter so it is not really relevant. I don ' t think that Mr. Miyashiro understood that you would be dealing only with the Charter. SOction 9 as referred to in Mr. Miyashiro ' s memorandum to you is Section 9 in the code and it is not in your Charter at all® It is a penalty provision for violation of any provisions of the code. So, it is not a matter which you would be taking action on anyway. But, it is a bit confusing. . .I would say, quite a bit confusing for you. Perhaps it would be better for Mr. Miyashiro to rewrite the memo and delete those portions that are not relevant to the Charter® However, I do think it ' s a. . .since he has already put it in this memo . . .i do think it 's a good idea to apprise you of the content of those sections so that you will understand® Perhaps then at the next meeting with Mr. Miyashiro you can cross- check these two documents. But Section 9 of the Hawaii County Code, you would have nothing to do with that, so that has to be deleted® It ' s a penalty provision and in this lawsuit which was filed against us , a few years ago, Judge Kubota ruled that that section must be deleted from the code and we have taken such action. At least, I have prepared the proper documents for the submission to the Council to have that section deleted from the code. Number 5 is the only one that is the ,verbatim language and it says , in your Charter on page 38, "disclose confidential information gained by reason of his official position or use such information for the personal gain or benefit of himself or anyone else". And I think Mr. Oda has a firsthand knowledge information of this particular iirsuit because I know that he was deputy corporation counsel at the time this particular question was presented to the court, and then, subsequently, went into private practice. -8-