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09-11-18 Regular Session Minutes
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09-11-18 Regular Session Minutes
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fines established by ordinance for violations of the standards of <br />conduct committed by elected and appointed officials", etc. So <br />they actually put it in there and they also put in again in another <br />section. "The commission may impose civil fines established by <br />ordinance against elected and appointed officers and employees of <br />the city with significant discretionary or fiscal power found by the <br />commission to have violated the standards of conduct." And in <br />Maui...similarly...they put in... I won't go too much but Maui and <br />Kauai have the same thing. Maui... Actually Maui is interesting, <br />listen to this. "The Board of Ethics shall consist of nine members." <br />The boards shall and it lists things and "b. initiate impeachment <br />proceedings against elected officers and officers appointed to <br />elective office who are found by the board after investigation to <br />have violated this Article." I don't know if we want to go that far <br />but wow. They have a whole new... And that's policy, right? I <br />don't wanna make recommendations as to that. I'm just throwing <br />it out there. We...the council has said we want to have our <br />violations civil penalties. I don't know. Maybe we don't need it <br />when I read ours, it's broad but all the other counties do it I think <br />you should look at that. And related to that... You know so you <br />remember being on our Board right? People would come to get an <br />informal advisory opinion and the question is...oh well if they do <br />that I think it's in the code... it says right that they are presumed <br />that yes too and acted in good faith or whatever. I don't know if <br />that's in our code. But the other charters, some of them actually <br />put that in there. And I think the problem is...even if it's in the <br />code or its precedent right? That if you get it we don't do <br />anything. What if you violate a charter provision? Well <br />then...right...would we really if we gave an advisory opinion and <br />said oh, this is okay. And I mean unlikely that this would happen <br />but let's say it turns out a subsequent board said...hey you violated <br />the charter and you know they say...hey it doesn't matter right. <br />Would they really be protected? I don't know if we want to go <br />there, but I note the other charters include language. For <br />example...ah let's see. Sorry I ran out of post it notes and then I <br />started bending pages...that never works good. Well "if any <br />office, employee or former office employee shall obtain an <br />advisory opinion from the board and shall govern oneself <br />accordingly shall act in accordance with the provisions...opinions <br />of the board. Such person shall not be held guilty of violating any <br />provisions of the code." That's actually in their...the Code of <br />Ethics meaning the Charter Code of Ethics. That's the Charter of <br />Kauai. Another similar provisions. Maybe we don't wanna put <br />that in there. What do we...refresh my memory Mr. Yoshimoto. <br />What do we...cause people have asked that right? They think if I <br />get an opinion and I'm okay, then I'm protected right? <br />10 <br />
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