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HomeMy WebLinkAboutCOM 0154.007 2010-2012 Pk aj,jcri.. Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 Council District #5 SUBJECT: TESTIMONY IN COMMENT to Bill 311: (2008- 2010) , AUTHORIZES THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE COUNTY OF HAWAII ..., Heard before the Hawaii County Council on 6 April 2011 and Public Hearing: April 5, 2011; United States Code 18 U.S.C. §4 Misprision of felony to violations of 18 U.S.C. §1961 "racketeering activity" Re: 18 U.S.C. § 1344 Bank Fraud. Aloha Hawaii County Council Members: The attached thirty-nine, (39), pages of documentation and the language contained therein speaks for itself and identifies violations of United States Code and the Securities Act of 1933. In light of the attached documentation and evidence of organized government corruption and racketeering influence within the County of Hawaii it may be prudent to postpone any vote by the Council for authorization of issuance of any County of Hawaii General Obligation Bonds until such time and the current S.E.C., (Securities and Exchange Commission), and the State of Hawaii actions in reference to questions about the County of Hawaii's offering and issuing of Bond Anticipation Notes Series "A ", `B ", solely to the Bank of Hawaii has been concluded. Failure of the Council to conduct due diligence in this matter may expose the Council, body politic, and Council Members personally to civil and criminal prosecution under United States Code 18 U.S.C. §2 Principals ,and/or 18 U.S.C. §3 Accessory after the fact to civil and criminal violations of 18 U.S.C. §1961 Definition "racketeering activity ", Re: 18 U.S.C. §1344 Bank Fraud. Submitted: 4 April 2011, Hilo Hawaii. Dan A. Cole Comm. No. 15q•7 Ref. To: P!'* I % 6dthCO I Ref. Date APR 6 ?Ott FAXTRANSMITTA: Thirty-Five, (35), pages total. 15 February 2011 TO: The Honorable Neil Abercrombie Governor, State of Hawaii Executive Chambers, State Capitol Honolulu, Hawaii 96813 Telephone: (808) 586 -0034 FAX: (808) 586 -0006 FROM: Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 SUBJECT: REQUEST for State Attorney's General investigation into organized government corruption and racketeering activities in the County of Hawaii, and violations of Hawaii Blue Sky Securities Laws. Aloha Governor Abercrombie, I am sure you are familiar with my name by now, while you were a U.S. Representative I sent you hundreds of pages of verifiable documentation and evidence of organized government corruption in Hawaii, and you took no action as required by United States Code 18 U.S.C. §4 Misprision of felony, and your Sworn Oath of Office as a U.S. Congress Member. As you can see by the first few pages of the attachments your failure to take action on the infonnation presented to on 29 March 2006, as required by federal law, the over $80 million dollars to property diniage in Hilo, Hawaii from a 2008 Major Flood Event could have been prevented or greatly reduced with a few hours of bulldozer work to remove the illegal stream diversion works that the County of Hawaii authorized and supervised the construction of in violation of State and Federal laws for the purpose of providing Flood Protection for the property of politically connected people for land and property development at the expense of the flooding damage to properties down stream, and the corruption of FEMA Flood Insurance Rate Maps to hide the true flooding risk to potential property buyers and financial institution dealing in Hawaii County General Obligation Bonds. Concerns have been raised that there may have been some irregularities in the Rating of County of Hawaii Municipal Securities and Bonds due to the association of former State Attorney General Mark Bennett and his partnership in the law firm of McCorriston, Miller, Mukai, MacKinnon LLP, Bond Counsel to the County of Hawaii who approve the 1egility of County of Hawaii Bonds when offered. Please take special note of the attached June 4, 2004 letter from Hawaii County Corporate Counsel Lincoln Ashida to State Attorney General Mark Bennett, and the following August 17, 2004 issuing of $55,020,000 County of Hawaii General Obligation Bonds, 2004 Series A, B, C, in light of the potential civil and criminal risks to the County of Hawaii due to their direct admission to a conspiracy to defraud the United States Government in reference to knowing and knowingly violations of 18 U.S.C. §1040 Fraud in connection with major disaster or emergency benefits. You might want to retrieve all those hundreds of pages of verifiable correspondence I have sent you over the years about organized government corruption in Hawaii, as you are now Governor and historically there will be a Major Flood Event in areas of Hilo, Hawaii while you are in office. I will make sure the Media, Federal Investigators, RE: Department of Home Land Security Case #DHS090317006; National Insurance Crime Bureau RE: Case #NICB09- 032314, and of coarse the current investigation by the U.S. Securities and Exchan a Commission, S.E.C. File HO:: --O ref 00D3JxQy. # , are provided access to my extensive records files on what you were sent. There is still time to take corrective actions to prevent the probable injury, loss of life, and extensive property damage from the upcoming Major Flooding Event in Hilo, Hawaii that will happen on your watch. The Hawaii County Police Department refuses to except complaints against Hawaii County Police personnel, Hawaii County Government Officials, nor Members of the Hawaii County Counsel, and the State Attorney's General office, FBI, U.S. Attorney's office also refuses to except any complaints on the subjects and ignores all request. It is documented in State Court Records that the County of Hawaii has sent out letters of Extortion against my person to various government offices. These Letters of Extortion printed on County of Hawaii Official Letterhead and bearing the Official Signature of the Hawaii County Corporate Counsel, Lincoln S.T. Ashida are the apparent cause for the non-action to complaints I have filed with the FBI Honolulu Division, FBI Headquarters Washington, D.C., U.S. Attorney for the Hawaii District, State Attorney's General Criminal Division and Environmental Crime's Unit, and others. I request that you, as the Elected and Sworn Governor of the State of Hawaii, and authority under the United States fulfill you oblations as required by United State Code, and restore my State and Federal Constitutional rights and freedoms to petition the government in redress of grievance. Thank you for your attention in this matter. S' cerely, Q� lil. L•�i� Dan A. Cole P.S: Can you imagine the political embarrassment and possible impeachment actions when the predicted Flood Event in Hilo occur and you did you not perform your legally required duties as Governor. Print Page 1 of 1 From: Glenda.Paige@hawaii.gov (Glenda.Paige@hawaii.gov) To: cole_hawaii @yahoo.com; Date: Tue, February 15, 2011 3:50:53 PM Cc: Subject: Confirmation of Fax Receipt Mr. Cole, This is to confirm receipt today of your 35 -page fax to Govemor Abercrombie dated 15 February 2011. Yours truly, Glenda Paige . Work Flow Systems Manager Governor's Office State Capitol 415 S. Beretania St. Honolulu HI 96813 Ph. (808) 586 -0034 Email: glenda.paige @hawaii.gov • http: / /us. mgt .mail.yahoo.com /dc/launch ?.gx =1 &.rand= eetb621 a76s07 2/15/2011 • 11'u` Page 1 of 1 From: "Help" (help@a sec.gov) To: cole_hawaii@yahoo.com; Date: Wed, March 2, 2011 3:25:10 PM Cc: Subject: SEC Response - File HO::-.0411110-::HO [ ref. - u ref ] Dear Mr. Cole: This will confirm our receipt of your February 22, 2011 fax in further regards to the County of Hawaii and BAN Series B. Some correspondence received by OIEA is referred directly to other SEC offices and divisions for their review. If they have any questions or wish to respond directly to your correspondence, -they will contact you. Thank you for alerting us to your concerns. Sincerely, Cecelia Howell Lead Investor Assistance Specialist Office of Investor Education and Advocacy U.S. Securities and Exchange Commission (800) 732-0330 www.sec.gov ref. :ref http:// us.mg2.mail.yahoo.com/dc/launch ?.rand= ffb83avtatp6b 3/2/2011 $ DIES ACT OF 1333 Sew 17 (3) Coves Tba term 'covered means a security that satinfies the standards fir a covered se- Y in paragraph (1) or (2) of section 18(h) at the - t i m e d u r i n g w h i c h it i s a l l e g e d t h a t the misre onission, or or deserve pct occurred, that-such term shall not include any debt sip that t p from. registration tinder this-tide pmsuant to rules issued by the Caen ,cinder section 4(2).. May title 1 SSee (a)(1N X 1.9 , 2�� Pub. L. 105,353, `= SRO 17. (a) It shalt be irnlawful for any person in the offer or sale of any securities . ray mite ogroamaat 't" as eased n swaps) or 3(a)(8) of - : - clarifies Exchange Act) by the use of s 'ma 3(ax st of an So- interstate commerce ar by use or of tbbe or artifice to - , (2) to obtain money or peony by nneans of any for statement of a maul bet or any omission to state a inatert4 1. - fact necessary in order to make the statemerds of the circumstances tinder which in light l or they were made not rms- (3) to engage in any transaction, practice, m gorse of busi- miss which operates or would awe as a fraud or deceit upon the (b) It shall be i for any per, by the - use of any means or instrtmtents of transportation. or communication. i n inter- state cammmeree ar by the nse of the maw to publish, give* to, or circulate any notice, circular, advertisement, , not cbti Ietter,-iuvestament service, or colmnuniCatien. which, though a purporting amto arc such. security for from an �or d� �� � receipt, whether prospective, of such consideratien and. the (c) The eons paaovidedin section 3 shall not apply to the provisions of this sedi n. (d ) The authority of the Conmdadon =deer thi section with re- - - to security-based swap agreements (as defined in 3(a) 78) &t he Securities mange Act of 1934) shall be subject to the restrktions and limitations of section 24(b) ofthis titles (May 27, 1933, eft 38, tide I, Sec. 17, 48 Stat. 84; Aug: 10, 1954, ch. 667, title 1, Sec. 10, 68 Stet. 686 Pub. L. 106 -554, Sec. 1(a)(5) [tine Iii, Sec. 302(b), (c)l, Dec. 21, 20©0,114 Std 2763, 27 Pub. L. 111-203, tie 1711, Sec. 762(c)(2) July 21, 2010, 124 Stat. - 1759.) • TIit.E 18 > MAT' > CHAPTER 63 > § 1.344 - § 1344. Bank fraud Whoever knowingly or attempts to ezearte a scheme or artifice— - (1) to defraud a financial imitation; or — (2). to obtabt any of the moneys, finds, credits, assets, marmites, or other property owned by, or under the custody or control of a finandal - , by means of false or fraudulent pretenses, representations, or promiseg shall be fined not more than $1,000,000 or huprisoned not more than 30 years, or both. • '•; FROM: Dan A. Cole 2016 Nil 15 Fri if P.O. Box 630 Keaau, Hawaii 96749 ;j,i Y aFriK %LINTY i HAvvAu RE: Testimony IN OPPISITION to Bill 311; Before the Hawaii County Council, November 17, 2010. Aloha Hawaii County Council, and Members of the Public; The County of Hawaii is attempting to violate Sec. 17 of the Securities Act of 1933 to obtain the $20 million to $50 million dollars required to fund the Flood Control Projects identified by Mayor Kenoi in a Hawaii Tribune - Herald article by Nancy Cook Lauer "Mauka development raises flood dangers ". The attached one - hundred- thirty-two, (132), pages provide a history, pattern, and evidence of how an Enterprise of corrupt County, State, and Federal officials conspired to alter the stream beds of the areas in Hilo, Hawaii with over 4,000 cubic yards, (500, 8 yd, dump trucks loads), of material illegally disposed of from the Federally Funded Job -P3535 in 2001. In April 2001 under the authority and supervision of the County of Hawaii, Public Works Department, the County of Hawaii authorized and supervised the construction of non - permitted and non - documented Stream Diversion works from over 500 dump trucks of material to provide Flood Protection to private properties in Hilo resulting in tens of millions of dollars of property damage to private property downstream of the illegal Stream Diversion Works. The County of Hawaii does not dispute it's involvement in these actions, SEE RE: Cole v. County of Hawaii Civil No. 10 -1 -0082, 3rd. Circuit Court, State of Hawaii, and, RE: Cole v. County & State of Hawaii, Civil No. 05 -00325 JMS -BMK U.S. District Court, District of Hawaii. County Officials conspired to produce corrupt and fraudulent .FEMA FIRM's, (Federal Emergency Management Agency, Flood Insurance Rate Maps), for the benefit of the Enterprise for land and or property development endeavors. By Federal Law the County of Hawaii is required to present to the Securities & Exchange Commission all information it has pertaining to potential risk, including potential legal liabilities, as identified in the attached 132 pages of the history and patterns of violations of State and Federal statutes from April 2001 to the present that resulted in the tens of millions of dollars of property damage from the February 2008 Flood Event, and other flooding events, and the ongoing expense of millions of dollars to clear slit build up from streams and waterways in the Ifil.o areas. This Testimony is required by, and in accordance with, Title 18 United States Code, 18 U.S.C. §4 Misprision of felony, made known to Hawaii County Comet ii0a t r.11&,, i Ref. TO, Ref. Date NOV/ 2' '2 - - - - ply FROM: 'Dan A. Cole CRAM. '972 SPEcrAL Wd • P.O. Box 630 • Keaau, Hawaii 96749 - - 1' • TO: Hawaii County � J ► E'ili 2 9 P 3 %' ty Council TO: Hawaii County Mayor Billy Kenoi t O L ; Testimony IN SUPPORT of Bill 311; Before the Hawaii County Council November 30, 2010 Aloha County Council Members: Thank you for this opportunity t file into the Hawaii County Clerks repository of records more documented information and evidence of your knowing and knowingly violations of the Securities Act of 1933, Section 17(a)(2)_ and United States Criminal Code 1 U.S.C. 1344 Bank Fraud, along with additional evidence and documentation to support the exposure of a racketeering enterprise composed of corrupt government officials engaged in patterns and histories of racketeering activities in violation of the Federal RICO Act. Comm. Mo. I 12, 3g Ref. To::•eseated CA OV 1 Ref. Date ji_ _il ZO1 t._._ UH F TO: Dominic Yagong 7 December 2010 -- Hawaii county Council Chairman TO: Fred Bias c -- cs - Hawaii Comfy Council Member Council District #5 awl FROM: Dan A. Cole Phone: 966 -9229 - - RE: Hawaii County $56M Bond Fraud; 3 Dec. 2010 Request - tor .`° County Resolution to request US Justice Dept. Investigation_ Aloha Council Chair Yagong & Council Member Bias: From the recorded conversations with County of Hawaii and Bank of Hawaii officials the below news article appears similar to the County's $56M Bond Float, RE: Bill 311. . n .T. . -11,i.,:--7-1 iii ^` `l.?. if 4,r z,,,,,-,,, tz-4, 6 BOFA UNIT AGREES TO PAY $131M IN MUNI BOND CASE Posted on December 7, 2010 at 2:04pm Updated on December 7, 2010 at 2:05pm - - WASHINGTON (AP) — The government says Bank of America's securities division has agreed to pay $137 million to settle allegations by federal and state authorities that it made illegal payments to win business from towns and cities looking to invest proceeds from municipal bond sales. The Securities and Exchange Commission and other regulators announced the settlements with Banc of America Securities. . The securities unit agreed to pay $36 million in restitution to settle the SEC's civil fraud charges and $101 . million to other federal and state authorities. The company neither admitted nor denied wrongdoing in agreeing to settle. - The SEC says Banc of America Securities paid undisclosed fees and kickbacks to municipal officials in return for the investment business. - The agency is investigating corruption in the industry for investing municipal bond proceeds. m initsp 4: 4 4 . tri ; c‘Noir All information © 2010 TheBlaze LLC - FAX TRANSMITTAL: Ten, (10), pages total. 11 December 2010 TO: Ms. Mary Sellers, FAX: 808 -538 4007, Telephone: 888 -643 -3888 Chief Risk Officer Bank of Hawaii FROM: Dan A. Cole, Telephone: 808 - 966 -9229 COPY TO: Mr. Dominic Yagong, Telephone: 808 - 961 -8264, FAX: 808 - 961 -8912 Chair, Hawaii County Council Ms. Brenda Ford, Telephone: 808- 326 -5684, FAX 808 - 329 -4786 Chair, Hawaii County Finance Committee RE: Apparent Violations of Section 17(a)(2) Fraudulent Interstate Transactions, of the Securities Act of 1933; 18 U.S.C. § 1344 relating to financial institution fraud RE: County of Hawaii and Bank of Hawaii Investment Services Inc. Aloha Ms. Sellers; The attached nine, (9), pages of documentation identify apparent, and numerous violation of Securities & Exchange statutes and regulations, in combination with violations of Federal RICO statutes involving organized government corruption and patterns and histories of racketeering activity within the County of Hawaii. As you can see by the attached documentation the County of Hawaii has in the offer or sale of Municipal Securities and/or General Obligation Bonds violated Section 17(a)(2) of the Securities Act of 1933 in apparent association with financial dealings with the Bank of Hawaii Investment Services Inc. The County of Hawaii has knowing and knowingly omitted informing Bond investors of the County's potential and actual liability of tens to hundreds of millions of dollars resulting from the County of Hawaii's illegal and undocumented alteration of Hilo Streams in 2001 and the corruption of FEMA FIRM's, (Flood Insurance Rate Maps), to aid in land and subdivision development for politically privileged persons and/or members of a RICO Enterprise for the benefit of the Enterprise. If you wish additional information please feel free to contact me. Sincerely, D an A. Cole TO: Mr. Dominic Yagong 7.1 13 December 2010 Chair, Hawaii County CouncilM3 [EC 1 3 r!ri 1 26 TO: Ms. Brenda Ford Chair, Hawaii County Finance Coinmittce F FROM: Dan Cole, Telephone 966 -9229 P.O. Box 630 Keaau, Hawaii 96749 RE: County of Hawaii's violation of U.S. Securities & Exchange Commission regulations and State and Federal RICO statutes; Possible solution to Hawaii County's Flooding Problems caused by the Waiakea Stream system in Hilo.. Aloha Council Members Dominic Yagong & Brenda Ford: The attached twenty, (20), pages of information were faxed to Bank of Hawaii Corporation, or presented to Bank of Hawaii Officials in Hilo, for Mr. Peter S. Ho CEO Bank of Hawaii Corporation and Ms. Mary E. Sellers Vice Chairman and Chief Risk Officer for the Bank of Hawaii Corporation identifying apparent violations of Securities & Exchange regulations and State and Federal RICO Statutes. I think you will find the documentation self explanatory. I am sure that you have noticed the weather of the past few days, this is but an omen of things to come. I have informed the Council with verifiable government documentation that there have been ten major flooding events, in Hilo between 1920- 1994, and the 2000, 2002, 2008 flooding events since. As you can see it is not if there will be another major Flooding Event in Hilo, it is just a question of when it will occur. I am sure you have noticed my efforts to bring the ever closer approaching catastrophic flooding event for the Waiakea and other areas of Hilo to your attention in the sincere effort to prevent injury, death and sever property loss to the people of the Island. If you have not yet realized there is no current escape from the 10`s -100's of millions of dollars in legal suits heading the County's way. Due to Hawaii's Deep Pockets Laws the County of Hawaii will be on the hook to pay all legal settlements resulting from future flooding torts as the County of Hawaii needs only to be found 1% legally culpable to be 100% legally liable if other parties are insolvent or have insufficient funds to satisfy a Court ordered settlement The County has already legally admitted to it's involvement in authorizing and supervising the use of over 4,000 cubic yards of debris from the 2001 federally funded Job No. P -3535 to construct illegal and undocumented Stream Diversion Works in Hilo Stream Beds, in knowing and knowingly violation of Hawaii Revised Statutes by definition of HRS §174C-91 and act and actions in violation of HRS §174C-93 Permits for construction or alteration of Stream Diversion Works. THEREFORE: the County of Hawaii is legally culpable. I have an possible quick, easy and inexpensive engineering solution that can be implemented before the next anticipated Hilo Flooding Event in a few months. This Engineering solution may relieve or mitigate the County of Hawaii from potential bankruptcy, however this solution will expose decades of organized government corruption in County, State, and Federal offices in Hawaii, with anticipated State and Federal RICO criminal and civil indictments filed against corrupt County, State, and Federal officials and employees. The aforementioned indictments will expose a decades old RICO Enterprise with a membership of Public Officials, elected and appointed, at the highest levels of County, State, and Federal offices in Hawaii. This Enterprise was formed, and is controlled by and through it's membership's adherence to "Local" cultural and ethnic norms, and other associations. This "Local" Enterprise influences, controls, or extorts County, State, and Federal officials and employees in Hawaii, to include the Judges and Officers of the State and Federal Court systems in Hawaii, in patterns and histories of racketeering activities for the benefit of the Enterprise. If the satellite images of an apparent levee above De Lima Street in Hilo are accurate, and whether or not the County was involved in the construction of the apparent levee, a couple of days of bulldozer work to rotate this levee approximately 110 degrees clockwise, as viewed from the satellite images I provided you, from it's origin point closest to De Lima Street with the construction of a gauged spillway at that location would return the Waiakea Stream system to it's natural flood path flowing into areas near the Waiakea Forest and Water Shed. The gauged spillway would prevent or greatly reduce flooding conditions down stream in Waiakea Uka and other areas of Hilo by creating a flood diversion zone with possibly a few hundred acre feet of water capacity. It is also noted that the afolenientioned Engineering Fix would create a known, standardized, and predictable water flow rate for the Waiakea Stream at the point it enters developed areas of Hilo and would be of extreme value in future design and construction of Flood Control Projects downstream. It would also be anticipated such an Engineering Fix would greatly reduce or possibly eliminate the current slit build up conditions in Hilo Streams and Hilo Small Boat Harbor saving millions of dollar in future dredging costs. The fifty five or so acres of undeveloped land on which the apparent illegal levee was constructed may have been purchased in the early or mid 90's for a couple hundred thousand dollars by an investor group out of Honolulu. The hundreds of millions of dollars of civil and criminal fines for illegal construction of Stream Diversion Works, illegal dumping, and the potential civil and criminal law suits that will arise from future Page 2. of 4. flooding events may persuade the current land owners to donate the land to the County or State of Hawaii receiving a tax credit for the land donation under the preservation of natural lands statutes. The major contractors on the Island that have profited from past Army Corp of Engineer Flood Control contracts and other questionable County, State, and Federal Public Works contracts that always seem to be 33% over cost with add -on may wish to donate their services and materials in this effort also. I would feel confident with the information that I have placed into County, State, and Federal records all government agencies would be willing to authorize and permit such relocation of the apparent levee and the construction of a gauged spillway with minimal effort on the part of the County in requesting such authorization and permits. I have a very busy schedule and have more enjoyable things to do with my time than to favor the Hawaii County Council, and other County, State and Federal offices with my handsome and charming good looks and warm and friendly personality in testimony. If you would like to discuss a potential mitigation of the future legal, financial, and criminal actions please feel free to contact me. Sincerely, Dan A. Cole Cc: Mr. Peter S. Ho, Chairman, President and CEO Bank of Hawaii Corporation Ms. Mary E. Sellers, Vice Chairman and Chief Risk Officer Bank of Hawaii Attached: 13 Dec. 2010, Twenty , (20), page FAX TRANSMITTAL to Mr. Peter S. Ho CEO Bank of Hawaii Corporation and Ms. Mary E. Sellers Vice Chairman and Chief Risk Officer, Bank of Hawaii Corporation, with eighteen, (18), attached pages as listed below. 7 Dec. 2010 Communications to Hawaii County Council, Chair Dominic Yagong and Council District #5 Council Member Fred Blas, RE: Hawaii County $56M Bond Fraud; 3 Dec. 2010 Request for County Resolution to request US Justice Dept. Investigation. (1 page) Fri, December 10, 2010 9:14:30 AM email to all Hawaii County Council Members, Subject: County of Hawaii Resolution to Request US Justice Dept. Investigation into Organized Government Corruption in Hawaii. (4 pages) Page 3. of 4. Friday, March 12, 2010 Hawaii Tribune - Herald article by Nancy Cook Lauer, "Mauka development raises flood dangers ". (1 page) April 15, 2008 letter from Hawaii County Council member J Yoshimoto to U.S. Attorney Edward H. Kubo, Subject: Criminal Violations of State and Federal Laws that Resulted in the Flooding Damage in Hilo from the February 2008 Rains, and Illegal Dumping of Solid Waste in the Puna District. (1 page) May 29, 2008 letter from Hawaii County Police Chief Lawrence K. Mahuna to Ms. Janet L. Kamerman, Special Agent in Charge, U.S. Justice Dept. F.B.I.. RE: Request for the FBI's assistance in investigating allegations of government corruption, (1 page) June 4, 2004 letter from Hawaii County Corporation Counsel to Hawaii State Attorney General Mark J. Bennett, RE: Dan Cole, with enclosed memorandum generated by the Hawaii County Department of Public Works summarizing Mr. Cole's contact with the County. (5 pages) March 19, 2001 Flood Debris Removal From Hilo Steams , Debris Removal Report. (1 page) June 13, 2008 letter from Bruce C. McClure, P.E. Director Hawaii County Public Works Dept. to Dan Cole, RE: Request for copies of written orders from the engineer "directing the contractor to dispose of 4,029 cubic yards of flood debris on- site ". (1 page) April 25, 2008 letter from Bruce C. McClure, P.E. Director of Hawaii County Public Works Dept. to Dan Cole, RE: Authorized change order to the CONTRACT, directing the Contractor, Island 66, to dispose of flood debris on site to construct stream diversion works to provide flood protection. (1 page) April 1, 2008 letter from Bruce C. McClure, P.E. Director of Hawaii County Public Works Dept. to Dan Cole, RE: Request for copies of permits per HRS 174C -93; copies of completion report per, HRS 174C -94; Copy of approval from Director of Health of the State of Hawaii as required by HRS 342H- 30(c). (1 page) 18 Nov. 02 letter from Dan C ole to Councilman James Arakaki, SUBJECT: Flood Control in your District. (1 page) Page 4. of 4. r k. AWN J; 2 2011 TO: Ms. Nancy E. Crawford 26 January 2011 Director of Finance County of Hawaii State of Hawaii Copy To: Dominic Yagong Chair, Hawaii County Council FROM: Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 SUBJECT: Uniform Information Practices Act, UIPA, request. Aloha Director Crawford. As per our 11 January 2011 conversation, and after receiving and reviewing the requested UIPA documentation, there appears to be a violation of the Hawaii County Code, Article 15, Section 2- 83(b). In order to clarify the situation I am requesting access to, and copies of, government records for the following documentation in reference to the COUNTY OF HAWAII, GENERAL OBLIGATION BOND ANTICIPATION NOTES, SERIES A, Interest Rate Confirmation dated June 1, 2010. (1) The Certificate of the Director of Finance of the County, dated as of September 28, 2009 providing for the issuance and sale of such Notes (the "Master Issuance Certificate"). RE: attached June 1, 2010 Interest Rate Confirmation letter from Stephen Rodgers, Bank of Hawaii. (2) All, NOTICE OF OFFER, for the County of Hawaii, General Obligation Bond Anticipation Notes, sent out and received replies, to County of Hawaii General Obligation Bond Anticipation Notes, for `BAN Series A" and "BAN Series B" Notes, as their existence is indicated by the attached 07/30/10 letter from Michael Okamoto, County of Hawaii, Re: County of Hawaii New Time Deposit Account Instructions. Thank you for your assistance in this matter. Sincerely, Dan A. Cole Attached June 1, 2010, Interest Rate Confirmation, signed Stephen Rodgers. (1 page) 07/30 /10 instructions to Bank of Hawaii, RE: County of Hawaii-New Time Deposit Account instructions. (1 page) Q 9 m cp FEB 07 7011 TO: Ms. Nancy E. Crawford 7 February 2011 = 1tC Director of Finance County of Hawaii State of Hawaii FROM: Dan A. Cole P.O. Box 630 Keaau, Hawaii 96749 Telephone: (808) 966 -9229 • SUBJECT: Uniform Information Practices Act, UIPA, clarification. Aloha Director Crawford, As of this date I have not received copies of the NOTICE OF OFFER and other documentation surrounding the County's offering/issuing of Bond Anticipation Notes Series `B ", as their existence is indicated by the Sub Account Title, "BAN Series B ", to account # 0048 - 002544 that the County of Hawaii has with Bank of Hawaii, as identified by the attached 07/30/10 letter of instructions sent by Michael Okumoto, County of Hawaii to Amy Honda, Bank of Hawaii, Re: County of Hawaii -New Time Deposit Account Instructions. If no Series B, Bond Anticipation Notes were offered or sold by the County of Hawaii could I have the details of the County of Hawaii Account # 0048 - 002544, and it's Sub Account titled "BAN Series B" explained? Thank you for your attention in this matter. Sincerely, "Zit. d Dan A. Cole Attached: 07/30/10 letter of instruction from Michael Okumoto, County of Hawaii to Amy Honda, Bank of Hawaii, RE: County of Hawaii -New Time Deposit Instructions. (1 page) v py 0359043 RUH Buss Banking #15 08 51 a.m. 08 -02 -2010 1 /1 Date: 07/30/10 To: Bank of Hawaii - Attn: Amy Honda (Fax: 935 -9043) From: Michael Okumoto,(808-933-6240) County of Hawaii Re: County of Hawaii - New Time Deposit Account Instructions Per this authorization, please debit County of Hawaii. account # 0048- 002544 in the amount of : $ 44,772,359.27 and apply as follows: Effective Interest Sub Account Date Amount Term Maturity Rate Title 1 ) 30- Jul -70 07,357,590.06 185 days 31-Jan-11 0.17% 2010 Series A 2) 30- Jul -10 $9,585,705.73 185 days 31 -Jan -11 0.17% 2010 Series A DWS 3) 30- Jul -10 $7,721,631.05 185 days 31-Jan-11 0.17% 2010 Series B 4) 30- Jul -10 01,107,432.43 185 days 31- Jan-11 0.17% 2010 Series B DWS 5) 30 -Jut -10 013,400,000.00 12 days 11 -Aug -10 0.11% BAN Series A 6) 30- Jut -10 $5,800,000.00 12 days 11-Aug-10, - 0.11%_ BAN Series 8 $44,772,359.27 • . Additional Instructions: Interest payment upon maturity of the lime Deposit(s) should be set-up automatically to credit County of Hawaii account 0048- 002544 unless otherwise instructed by customer. Upon maturity of the Time Deposit Account(s) listed above, all principal is to be credited to County of Hawaii account 0048 - 002544 unless otherwise instructed by customer. 111@44 Ose.s«.1.• MichaelOkumoto • PETITION NO_ REC'D FEB -3 2011 10/471 BOARD OF ETHICS Aupuni Street, 325, Hilo, Hawai' P t: Ilk w�� OFFIC Cog Of TH CGRPORAT1 101 Au NILO LAGOON CSITRE PETITION 101 At1PUNt" ST + LO Ht STE 323 96720 NAME OF PETITIONER: Dan A. Cole Date: 3 February 2011 Residence Ph: 966 -9229 ADDRESS: P.O. Box 630 Keaau, Hawaii 96749 Business Ph: N/A STATEMENT OF THE NATURE OF PETITIONER'S INTEREST, INCLUDING REASONS FOR THE SUBMISSION OF THE PETITION: This Petition is submitted in accordance with United States Code 18 U.S.C. 4 Misprision of Felony to violations of 18 U.S.C. 1344(2) Bank Fraud, RE: Hawaii County Charter. Chapter 6, Sections 6- 6.3(c)(e), in the offering of County of Hawaii Bond Anticipation Notes. SPECIFIC PROVISION ON THE CODE OF ETHICS IN QUESTION: Section 2-83 Fair Treatment, (b) No officer shall use or attempt to use the officer's official position to secure or grant unwarrented privileges, exemptions, advantages, contracts, or treatment, for oneself or others; COMPLETE STATEMENT OF FACTS: County Director of Finance Nancy E. Crawford, by offering solely to the Bank of Hawaii the purchase of Hawaii County General Obligation Bond Anticipation Notes, (attached hereto) provided unwarrented privileges, advantages, and treatment to Bank of Hawaii STATEMENT OF THE POSITION OR CONTENTION OF THE PETITIONER: This Peitition is submitted to insure compliance to the Hawaii County Code of Ethics Sec. 2- 83(b), and Sec.6- 63(c)(e) of the Hawaii County Charter P -, R ' oner's Signature ANY PETITION THAT DOES NOT SUBSTANTIALLY COMPLY WITH THE FOREGOING REQUIREMENTS MAY BE REJECTED. IN ADDITION, THE BOARD MAY, FOR GOOD CAUSE, REJECT ANY PEIIIION. IF THE PETITIONER IS THE PERSON WITH THE ETHICS PROBLEM, PLEASE COMPLETE THE FOLLOWING: I, Dan A. Cole , DO HEREBY REQUEST AN OPEN / CLOSED HEARING. S l,rz - Hawaii County is an Equal Opportunity Provider and Employer BOARD OF ETHICS, County of Hawai'i 101.Aupuni Street, Suite 325, Hilo, Hawaii 96720 Tel. No. (808) 961 -8251 February 24, 2011 Mr. Dan A. Cole P.O. Box 630 Kea'au, Hawaii 96749 Re: Your Petition Regarding Nancy Crawford - _. - — (Petuton "No.2OIP- 07j -- - -- - -- - - - -- -- __ _ ______ Dear Mr. Cole: The Hawaii County Board of Ethics ("Board") has received your petition dated February 3, 2011. It is being placed on the Board's March 9, 2011, agenda for initial review by the Board. At this initial review, the Board will determine how it will proceed and whether the petition is sufficient to schedule for an informal hearing. You are welcome to appear at the March 9, 2011, meeting to provide testimony or further information, if necessary. The meeting is scheduled for 10:00 a.m. at the Hilo Lagoon Centre at 101 Aupuni Street, Suite 230, Hilo, Hawaii 96720. Please contact me or the Board's attorney, Renee Schoen, if you have any questions. We can also be reached via email at mcrosson @co.hawaii.hi.us and rschoen@co.hawaii.hi.us. Sincerely, 221 C CA,tr-wtri.„, MaryErosson Secretary me Iflb&c boe pet 2011-0712-24-11 to Dole re petition initial review 3 -9-11 RSmc • Hawaii County is an Equal Opportunity Provider and Employer Print © I$�: Page 1 of 3 From: Dan Cole (tole hawaii@yahoo.com) To: susan glean.s.hara@courts.state.hius; greg.k.nakamura@courts. state.hi.us; ronald .ibarra@courts.state.hi.us; wkenoi @co.hawaii.hi.us; bford @co.hawaii.us; dikeda@co.hawaii.hi.us; donishi @co.hawaii.hi.us; fblas®co.hawaii.hi.us; jyoshimoto@co.hawaii.hi.us; phofmann@co.hawaii.hi_us; apilago @co.hawaii.hi_us; bsmart@a co.hawaii.hi.us; dyagong@co.hawaii.hi.us; hcpdone@co.hawaii.hi.us; Date: Thu, March 10, 20111:11:40 PM Cc: afpeditor@americanfreepress. net; cjensen@westhawautoday.com; editor@hawaiinewsdaily.com; mmitchell@calea.org, ncook- lauer@westhawaiitoday.com; newswoman@mac.com; rflickinger@westhawaiitoday.com; aphonolulu@ap.org; giennbeck@foxnews.com; newswoman@ne.com; wht@aloha.net; Subject Proof of Racketeering Influance, Control, and Extortion of the Press in Hawaii NOTICE: This information is being made known in accordance with 18 U.S.C_ 4 Misprision of felony identifying the actual commission of a felony cognizable by a court of the United States is hereby made known to a Judge of the United States and other State Judges and civil authorities under the United States. RE: 18 U.S.C. 1961 "racketeering activity" Extortion; 18 U.S.C. 1344 Bank Fraud; 18 U.S.0 1512 Tampering with a witness, victim, or an informant; 18 U.S.C. 3 Accessory after the fact identifying the Hawaii Tribune - Herald, and West Hawaii Today's non - reporting of actions by the Hawaii County Board of Ethics RE: Petitions Nos. 2011 -01, -02, -04, - 05, and -07.; 18 U.S.C. 3 Accessory after the fact for non- actions of the Hawaii County Council to violations of 1 U.S.C. 4 Misprision of felony to information made known to the Council of the actual commission of felonies and the existence and membership of a "Local RICO Enterprise_ _ ) D 1 J to r-- o ! Q= w _ , c U = _ r Aloha Stat and Fet. al Sworn Officials 8s Judges of the State and Federal Court system in Hawaii, The news articles in the Hawaii Tribune- Herald, front page, 10 March, 2011 by Stephens Media reporter Nancy Cook Lauer "Yagong ethics charge tossed ", and the news article the same date in the West Hawaii Today "Yagong ethics complaint dismissed" is proof of the influence or organized government corruption and RICO activity over the Media in Hawaii Contact Mary E. Crosson, Secretary to the Hawaii County Board of Ethics and request a copy of the minutes of the Board's February and March meetings and compare the minutes to the reporting by Nancy Cook Lauer of these meetings and notice_what is deliberately not reported that would expose State of Hawaii, County of Hawaii and Bank of Hawaii irregularities in municipal securities in violation of 18 U.S.C. Bank Fraud and the Securities Act of 1933, Section 17(a)(2), RE Hawaii County offering of Municipal Bond Anticipation 0 PY , .. „ - -- - --, _ —t__ ._�ia,.n ......... .....,a —r �.Q�.,�,t��.., /i 0190 11 Print Page 2 of 3 Notes Series "A ", "B ",... to the Bank of Hawaii in light of Hawaii's Asset Trust Protection Act 182. The documentation on file in the U.S.District Court, District of Hawaii CIVIL No. CV05 -00325 JMS /BMK, 3rd. Circuit Court, State of Hawaii Civil No. 10 -1 -0082, Civil No. 08 -1 -0175, and District Court of the 3rd. Circuit State of Hawaii Case No. 3DTC- 08- 024542 in addition to the documentation on file in the Hawaii County Clerk's Repository of Records, Hawaii State Senate RE: GM -109 Appoint of Edward Kubo to a State Judgeship, along with the voluminous documented information provided to U.S. Senator Daniel Inouye, U.S. Senator Daniel Akaka, all my U.S. Representatives and former U.S. Representative and current Governor of Hawaii Neil Abercrombie provide verifiable proof and identify patterns and histories of racketeering activities and the Membership of a "Local' RICO Enterprise and it's influence, control, and extortion over Hawaii government officials and employees and the Media in Hawaii. The aforementioned information and documentation on file spans decades and identifies the existence and membership of a RICO Enterprise organized and controlled by and through adherence to "Local" ethnic and cultural norms enforced through social and blood bonds forming an Enterprise engaged in histories and patterns of racketeering activity for the benefit of the Enterprise to include such acts as Extortion; Bank Fraud; Dealing in Controlled Substance; Threatening a witness, victim, or an informant; Retaliating against a witness, victim or an informant. et. al., where the "Local" RICO Enterprise influences, controls, and /or extorts County, State and Federal officials and employees in Hawaii, to include the Judges and Officers of the Courts of the State and Federal Court systems in Hawaii It is well documented that the County of Hawaii, under the authorization of Mayor William "Billy" Kenoi, with knowledge of the Members of the Hawaii County Council, in conspiracy in acts and actions, or non -acts and non - actions, with Hawaii County Corporate Counsel Lincoln S.T. Ashida in knowing and knowingly acts and actions in violation of Hawaii Revised Statutes HRS 707 764(1)(f) by publicizing false asserted facts as to my mental state that subjected me to hatred, contempt, and ridicule and impaired and destroyed my personal credibility and business repute by sending Letters of Extortion printed on Official County of Hawaii Letterhead stationery to various government officials and offices. It is understood and appears due to the non - response to my communications, along with refusals by the Hawaii County Police Department, FBI Hawaii District, U.S. Attorneys Office for Hawaii, State of Hawaii Governor's Office, Hawaii State Attorney Generals Office, U.S. District Court and Hawaii State Court of the 3rd. District to allow me to file any complaints or take any action on information made known to them in accordance with 18 U.S.C. 4 identifying organized government corruption and racketeering activity provides proof that these Letters of Extortion were sent to the Hawaii County Board of Ethics, the Hawaii County Clerk's office, the Hawaii County Prosecuting Attorney's Office, the Hawaii County Police Department, the Federal Bureau of Investigation, the U.S. Attorneys Office in Hawaii, the State of Hawaii Governor's Office, U.S. Senator Daniel K. Inouye, U.S. Senator Daniel K. Akaka, U.S. Representative Mazie K. Hirono, et. aL. On 15 February, 2011 I made a Formal Request to Hawaii State Governor Neil Abercrombie for a State Attorney's General investigation into organized corruption an racketeering activities in the County of Hawaii, and Violations of Hawaii Blue Sky 3/10/2011 Print Page 3 of 3 Securities Laws. On 4 March, 2011 I a filed request to the Chairman of the Hawaii County Council, Dominic Yagong, for Formal Hearings before the Hawaii County Council for Board of Ethics petitions Nos. 2011 -01, -02, -04, -05 due to the lack of quorum of the ethics Board, and to expose organized government corruption and racketeering that influences, controls, or extorts officials and employees in the Hawaii County government for the benefit of a "Local" RICO Enterprise. If any address to this email disputes the veracity of the aforementioned allegations and statements make known your disputes within 72 hours as such allegations and facts will be identified a True and Uncontested by you acting in your "Official" capacities via the Legal doctrine of Assenting - Silence. Aloha, ‘ef Dan A. Cole Telephone: (808) 966 -9229 This email will be filed this date in the offices of the Mayor of the County of Hawaii William "Billy" Kenoi, the County Clerk's Office for the County of Hawaii for County Council Chair Dominic Yagong, and faxed to the Governor of Hawaii Neil Abercrombie at Fax No. (808) 586 -0006 with receipt confirmed by a recorded telephone call to the Governor's Office at (808) 586 -0034 for email confirmation of receipt. 3/10/2011 .,, m oil t oJ,tw i r m/ 1rllannnl17 r av ni- ffhR3tatn6b Print Page 1 of 1 From: Glenda.Paige@hawaii.gov (Glenda.Paige@hawaii.gov) To: cole @yahoo.com; Date: Thu, March 10, 2011 2:54:07 PM Cc: Subject: Fax Confirmation The Governor's Office received a 3 -page fax from you today, March 10, 2011. Glenda Paige Work Flow Systems Manager Governor's Office State Capitol 415 S. Beretania St. Honolulu HI 96813 Ph. (808) 586 -0018 Email: glenda.paige @hawaii.gov http: / /us.mg2.mail. yahoo. com /dc/launch ?.rand- ffb83avtatp6b 3/10/2011 Print Version > Yagong ethics charge tossed Page 1 of 1 Tribu Local News Yagong ethics charge tossed [ Print Page by Nancy Cook Lauer Stephens Media Published: Thursday, March 10, 2011 7:23 AM HST County Council Chairman Dominic Yagong did not violate the county ethics code when he opposed amendments to a Pahoa development agreement, the Board of Ethics concluded Wednesday. The board voted 3 -0, with one abstention, to dismiss the complaint filed by Puna resident Michael Cadaoas, accusing Yagong of a conflict of interest and improperly filling out financial disclosure forms. "1 didn't see any particular advantage that would be gained by voting on that particular bill," said Ethics Board Chairman John Dill. At issue was an Aug. 17 vote by the council Planning Committee on a time extension for meeting conditions in the rezoning of the $11 million Woodland Center, a Pahoa project that includes new Longs Drugs, Burger King and Kentucky Fried Chicken establishments. It's adjacent to a Malama Market store, a company Yagong said he worked for until June 2009 and part of a retail chain that Yagong still works for as a district manager for Food Pantry Ltd. Cadaoas said Yagong's vote against the time extension, had he prevailed, would have hurt Longs, a retailer competing with Malama Market. Yagong was pushing for a public hearing and also a right-in, right -out driveway from Highway 130 into the shopping center because of traffic concerns. His amendment failed, but the developer ultimately put in the right -in, right -out anyway. Yagong noted the right -in, right-out he was pushing for actually diverts traffic away from Malama Market and toward Longs Drugs. "When the petition was filed, I was quite surprised because all we were trying to do was make the highways safer for Puna residents," Yagong said Wednesday. "I think the complaint was frivolous and I'm happy to have this behind me." Yagong didn't attend the brief hearing Wednesday. Cadaoas said afterward the vote was no surprise, although Dill publicly thanked him for coming forward and "going down the proper channels." "I knew all along that this would be the outcome. I just wanted to make the point," Cadaoas said. 'The public can read it how they want to." Board member Bernard Balsis, who works in the financial sector, recused himself because he had worked with Yagong on a shopping center project in 2006. Three votes were needed to dismiss the complaint. E -mail Nancy Cook -Lauer at ncook- laueretwesthawaiitoday.com Copyright © 2011 - Hawaii Tribune - Herald Ix] Close Window http:// www. hawaiitribune- heratd.com/articles /2011 /03 /10/local news/local04.prt 3/31/2011 Print Version - Yagong ethics complaint dismissed Page 1 of 1 West Hawaii Today Print Page Yagong ethics complaint dismissed by Nancy Cook Lauer West Hawaii Today nook- lauer(rD_westhawaiitoday.com Thursday, March 10, 2011 6:57 AM HST HILO — County Council Chairman Dominic Yagong did not violate the county ethics code when he opposed amendments to a Pahoa development agreement, the Board of Ethics concluded Wednesday. The board voted 3-0, with one abstention, to dismiss the complaint filed by Puna resident Michael Cadaoas, accusing Yagong ot a contlict ot interest and improperly tilling out financial disclosure torms. "I didn't see any particular advantage that would be gained by voting on that particular bill," said Ethics Board Chairman John Dill. At issue was an Aug. 11 vote oy the council manning committee on a time extension for meeting conditions in me rezoning or the $11 million Woodland Center, a Pahoa project that includes new Longs Drugs, Burger King and Kentucky Fried Chicken establishments. It's adjacent to a Malama Market store, a company Yagong said he worked for until June 2009 and part of a retail chain that Yagong still works for as a district manager for Food Pantry Ltd. Cadaoas said Yagong's vote against the time extension, had he prevailed, would have hurt Longs, a retailer competing with Malama Market. Yagong was pushing for a public hearing and also a right -in, right-out driveway from Highway 130 into the shopping center because of traffic concems. His amendment failed, but the developer ultimately put in the right-in, right -out anyway. Yagong noted the right -in, right -out he was pushing for actually diverts traffic away from Malama Market and toward Longs Drugs. "When the petition was filed, I was quite surprised because all we were trying to do was make the highways safer for Puna residents," Yagong said Wednesday. 1 think the complaint was frivolous and I'm happy to have this behind me." Yagong didn't attend the brief hearing Wednesday. Cadaoas said afterward the vote was no surprise, although Dill publicly thanked him for coming forward and "going down the proper channels." "I knew all along that this would be the outcome. I just wanted to make the point," Cadaoas said. The public can read it how they want to." Board member Bernard Balsis, who works in the financial sector, recused himself because he had worked with Yagong on a shopping center project in 2006. Three votes were needed to dismiss the complaint • Copyright 0 2011 West Hawaii Today 1 /f11 /1 f/1nnalfin 1f14 nrt 3/10/2011 Print Page 1 of 1 From: Dan Cole (colehawaii @yahoo.com) To: MCROSSON @co.hawaii.hi.us; Date: Thu, March 10, 2011 2:42:19 PM Cc: afpeditor @americanfreepress.net; bford @co.hawaii.us; cjensen @westhawaiitoday.com; dikeda @co.hawaii.hi.us; donishi @co.hawaii.hi.us; editor @hawaiinewsdaily.com; fblas @co.hawaii.hi_us; glenn_s_hara @courts.state_hi.us; greg .k.nakamura@courts.state.hi.us; jyoshimoto @co.hawaii.hi.us; mmitchell @calea.org; ncook - Lauer @westhawaiitoday.com; newswoman@mac.com; oip@hawaii.gov; phoffmann @co.hawaii.hi.us; rflickinger @westhawaiitoday.com; ronald.ibarra @courts.state.hi.us; susan_mollway@hid.uscourts.gov; apilago @co.hawaii.hi.us; aphonolulu @ap.org; bsmart@co.hawaii.hi.us; hcpdone @co.hawaii.hi.us; dyagong @co.hawaii.hi.us; glennbeck @foxnews.com; jaytkhi @yahoo.com; jbriski @co.hawaii.hi.us; wkenoi @co.hawaii.hi.us; hawaiiag@hawaii.gov; newswoman@me.com; wht @aloha.net; Subject: Request for Non - Approved Minutes of the Board of Ethics 9 March 2011 Meeting Aloha Mary, I am requesting a copy of the non approved minutes for the Hawaii County Board of Ethics 9 March, 2011 meeting. There were statements and comments made in Testimony by the Hawaii County Treasurer Michael Okumoto, representing Petition 2011 -07 Respondent County Fiance Director Nancy Crawford, that appear to conflict with the County's BOND information and Hawaii County Finance records I purchased from the Hawaii County Corporate Counsel Office. I will need a copy of the non - approved minutes as soon as possible to prepare my Testimony and gather supporting documentation and evidence before the Board April meeting. Thank you for your attention in this matter. Dan A. Cole P.S. Mary were you as surprised as I was to read the front page article in the Tribune Herald about yesterdays Board meeting and not a mention that the Board decided in Executive Session to call County Finance Director Nancy Crawford to testify before the Board's next meeting to answer questions? Or the fact that the Ethics Petition against Director Crawford or my name did not appear anyplace in the news article by Stephens Media reporter Nancy Cook Lauer? http: / /us.mg2_mail. yahoo. com /dc/launch ?.rand= ffb83avtatp6b 3/10/2011 / 0 BOARD OF ETHICS, County of Hawaii 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 AGENDA Wednesday, March 9, 2011 - 10:00 a.m. 101 Aupuni Street, Room 230 (Department of Liquor Control Conference Room) Hilo, Hawai`i 96720 1. CALL TO ORDER 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS 3. APPROVAL OF THE MINUTES OF THE FEBRUARY 9, 2011, MEETING (REGULAR SESSION) 4. NEW BUSINESS a. Petition No. 2011 -07: Initial review of petition alleging that an officer, "by offering solely to the Bank of Hawai`i the purchase of Hawaii County General Obligation Bond Anticipation Notes ... provided unwarranted privileges, advantages, and treatment to Bank of Hawai`i." b. Petition No. 2011 -08: Officer's request for an informal advisory opinion on whether the officer may sit on the National Interstate for Juvenile Board with the State of Hawai`i. 5 UNFINISHED BUSINESS a. Petition No. 2010 -11: Further initial review of petition questioning whether an officer had a conflict of interest when voting on Bill 283, and whether statements made by the officer caused the officer to violate financial disclosure requirements. 6. EXECUTIVE SESSION With reference to the agenda items listed below, one or more executive meetings are anticipated. In particular, the Board of Ethics anticipates it may consider the evaluation, dismissal, or disciplining of an officer or employee of the County of Hawaii, where considerations of matters affecting privacy will be involved. The Board may also consult with the Board's attorney on questions and issues pertaining to the Board's powers, duties, privileges, immunities, and liabilities. Therefore, pursuant to Hawaii Revised Statutes • DRAFT - NOT YET REVIEWED BY BOARD. me 3131/11 HAWAII COUNTY BOARD OF ETHICS MINUTES — REGULAR SESSION' Wednesday, March 9, 2011 10:05 a.m. to 11:22 a.m. 101 Aupuni Street, Suite 230 Hilo, Hawaii 96720 Members and staff present: John E. K. Dill, Chair David Heaukulani, Vice Chair Arne Henricks, Member Bernard Balsis, Jr., Member Renee N. C. Schoen, Deputy Corporation Counsel Mary E. Crosson, Secretary 1. CALL TO ORDER Mr. Dill called the meeting to order at 10:05 a.m. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS There were no statements from the public. 3. APPROVAL OF THE MINUTES OF THE FEBRUARY 9, 2011, MEETING (REGULAR SESSION) Motion and vote: Mr. Balsis moved to accept the minutes, Mr. Heaukulani seconded the motion, and they and Mr. Dill voted aye. 4. NEW BUSINESS a. Petition No. 2011 -07: Initial review of petition alleging that an officer, "by offering solely to the Bank of Hawaii the purchase of Hawaii County General Obligation Bond Anticipation Notes ... provided unwarranted privileges, advantages, and treatment to Bank of Hawai`i." DILL: Could we quickly identify who's here regarding this petition? Mr. Cole, you're the petitioner, correct? COLE: Yes. 1 Minutes in italics are verbatim. Blanks indicate inaudible or indecipherable speech. DRAFT -- NOT YET REVIEWED BY BOARD. me 3/31/11 DILL: Okay, and gentlemen — do we have Mike here? OKUMOTO: Yeah. I'm Mike Okumoto. I'm the treasurer, and I'm here to answer any questions that you may have regarding this matter. DILL: And you're here on behalf of Ms. Crawford, correct? OKUMOTO: That's correct. DILL: And you, sir? SCOTT KNOWLES: I'm the risk management officer from the Finance Department, and I'm here not in a representative capacity but just as an observer. DILL: Okay. Okay, again this petition is referencing Section 2 -83 of the Hawai `i County Code of Ethics regarding fair treatment, specifically item (b), no officer shall use or attempt to use the officer's official position to secure or grant unwarranted privileges, exemptions, advantages, contracts, or treatment for oneself or others. Mr. Cole, if you could step up and quickly give us your side of the background on this petition, and then we will have questions for either you or Mr. Okamoto. Again, just to remind everyone, this is an initial review by the Board of Ethics to determine future actions on this petition. Mr. Cole, you have the floor. COLE: Yes, well thank you. I would like to note that my statements on this matter were included in my testimony of the previous session of the Board of Ethics for February. Also in that note, I would like to note that there are items missing. However, I've already made the statements. Apparently, the information I have is the Hawai `i County is offering general obligation bonds and municipal securities in violation of the 1933 Securities and Exchange Act, Section 17(a(2), by not disclosing fully the risk of the bonds. In reviewing the violations and racketeering activity in the County of Hawai `i I had the opportunity to have a conversation with Ms. Crawford on approximately the 20 of October last year in Mayor Kenoi 's outer office, where she informed me in reference to Bill 311, the $56 million obligation bond, that the County ofHawai `i was not going to float any bonds. That was the old way of doing things, and the new way is they had a very special short -term arrangement with Bank of Hawail Querying further, insofar as I do have a background in securities and exchange, I tried to find out why bonds were not being floated and to demonstrate and to profess the risks to the bonds to the rating agencies of Standard & Poor 's, Moody's & Fitch. Upon reviewing farther, I found out that a master issuance of certificate was made by the Department of Finance and Ms. Crawford, and she began issuing bond anticipation notes solely to Bank of Hawai `i. The certificate of issuance identified a maximum of 90 basis points about the mean municipal data rate. The County of Hawai `i offered only to one agency, that was the Bank of Hawai `i and Mr. Stephen Rodgers, the sole bidding on these bonds. These bonds could have been bid on other financial institutions and a lesser basis point arrangement, i. e., a better advantage to the County of Hawail, could have been obtained That would be similar to going out to contracting in your business, and you go to a sole source contract, and the contract would give you the maximum amount of interest drawn. The Bank of 2 DRAFT - NOT YET REVIEWED BY BOARD. me 3/31/11 Hawai `i charged 90 basis points, which was the maximum allowable under the master certificate, and since no other bids were accepted or even offered therefore it was a violation and gave the Bank of Hawail an advantage over all other financial institutions, and therefore is a violation of the County Code of Ethics and also a violation of the Securities and Exchange Commission and is also a violation of Title 18, United States Code, 1433, bank fraud. DILL: Okay, so you're saying this plus -90 BPS rating applied only to Bank of Hawai `i and if the County had gone out and considered sub -90 scores, or institutions with sub -90 scores, the results might have been different in terms of what they're offered? COLE: No. DILL: Okay. COLE: The 90 basis points was part of the master issuance certificate, a maximum that the County of Hawai '1 would entertain. DILL: Okay. COLE: By not going to any other institutions, no other financial institutions were able to bid for a better or lesser basis points, therefore disadvantaging the County ofHawai `i at the advantage of —sole advantage of—the Bank of Hawai `i. It is also noted that the treasurer for the County of Hawari, Mr. Okumoto there, was a senior executive with the Bank of Hawail for the 20 years prior to coming to Bank of Hawai `i [sic]. It is also noted that the Bank of Hawai `i, through its Hawai `i Tax -Free Trust, Capital Pacific Investment Trust, and a number of others, holds the majority of municipal securities for the state of Hawail It is also known that on the 28th of June last year, the governor of Hawai `i signed into law Act 182, which is trust protection legislation which would also impact with these bond anticipation notes for the payment of securities and monies, and it actually would provide for money laundering by paying into buying tax-free trusts and taking out tax-free federal and state dividends from these bonds. DILL: Okay. Welcome, Arne (Board member Arne Henricks arrived). Okay, any Board members have questions, any further questions, for Mr. Cole? BALSIS: Not at this time. DILL: Thanks, Mr. Cole. We might have some more follow -up questions. Mr. Okumoto, do you mind coming up? Thanks for joining us. Mr. Okamoto, if you could quickly give the Board a rundown on protocol and the due diligence in place for these types of issuances by the County. OKUMOTO: Let me give you some background information on how we got to that stage where we're looking for such a facility. Back in late 2004, we got an audit by the IRS. Because we issue tax- exempt paper, the IRS is interested in making sure that we comply with all their regulations, because when you issue tax- exempt paper, the treasury is 3 DRAFT – NOT YET REVIEWED BY BOARD. me 3/31/11 losing money versus something taxable. Under advice of our counsel, he recommended that we retain a firm that specializes in dealing with the IRS, so we did so and in conversations with this attorney, on the east coast, he said that the IRS frowns upon us holding bond proceeds longer than three years. We were having trouble getting the projects out within three years. So I asked him to put this in writing, and he did and it went through Bill Takaba, who was our finance director at the time. But anyway, this was a major reason why I looked for such a facility. The other reason was that the method that we were using was that as soon as we had a bond ordinance, we 'd go out and issue long -term bonds for the amount of that authorization. So if the bond ordinance authorized 50 million, we hire an underwriter and sell $50 million in bonds. And that way, the departments know that we actually have the cash on hand and they can go ahead and sign their contracts. The problem with this is that we get the $50 million, or whatever the amount is, and we put this in a bank invest it, and usually the rate, the investment rate, is a lot lower than the bond rate. This is called negative arbitrage. So when we do this, and the longer we take to spend the money, the more negative arbitrage we have. So between the IRS not looking favorably on us spending the money — taking too long to spend the money, and also the negative arbitrage, the solution for this was to find a short -term credit facility. So I began looking for such a facility, and there 's all kinds offacilities out there. The facility at Bank of Hawai7 that we have with them is a private placement facility, so there is no prospectives or rating that is required So this is one of the advantages of such a facility. So we're not in violation of any kind of securities regulation in that regard. The other types —the most common facility is called a tax- exempt commercial paper program, but this involves getting a bank to issue a letter of credit, and what this does is that it ensures that when these commercial paper is rolled over, and the investor wants to sell them and he can't find a buyer, then that LOC bank will guarantee that they'll purchase it. So there's other types offacilities, there 's —like lines of credit, there's what they call a SIFMA index notes. So when I started to explore this, there were all these different types offacilities. So we went out and we hired an independent financial advisor, and as Ms. Crawford's letter notes, that she said there were six alternatives. Actually, there were more than that. But anyway, he compared everything and he determined that the Bank of Hawai7 facility was in the best interest of the County. So I feel that we did offer —we did explore or research other alternatives. And as Mr. Cole mentioned, Bank of Hawai7 does have these other funds that they manage, and I have a chart here that illustrates that Bank of Hawai `i by far is the largest holder of County bonds, which means that they're the only financial institution in the state that is able to offer this particular program. So even if we went out to the other banks in the state or credit unions or whatever, other financial institutions, they have no way of accommodating us. So there 's no actually there 's no basis of going out and trying to solicit these other banks So this is a very customized facility. It took us 18 months to put this thing together. And you have to realize that this time, during —when we were trying to do this, we were right in the middle of a credit crisis. And we had this liquidity crisis where nobody was buying anything, even at whatever rate_ And this whole deal almost fell apart, but we persisted at it, because the parties involved have this trust and respect for each other, and we had to try to accommodate SEC regulations, IRS regulations, banking regulations, our own needs —and to try to craft a document to address all these needs was—I mean the bond counsel went through half a dozen drafts trying to do this. So it was a long process. It wasn't like we 're going to lunch and we 're 4 DRAFT – NOT YET REVIEWED BY BOARD. me 3/31/11 saying okay, let's do this. We did a long due diligence, and then just trying to put this thing together took a very long time. So I think we —I think we did something very beneficial for the County. It's a product that the Finance Department is very proud of It's very unique in the state. Nobody else in the state has this, and I think Bank of Hawai `i sees the value in this and they've offered it to other municipalities. DILL: Okay, thank you, sir. To back up a little bit, you mentioned that during your selection process, you needed to constantly be under advisement in terms of compliance with SEC regulations, bank regulations, IRS regulations. You had Corp Counsel on staff, or on the team here? OKUMOTO: We have Corp Counsel, but this is a very specialized area of law. We hire a bond counsel, and the bond counsel is a person that's recognized, that has experience in these matters. Also, this had to get by the bank attorneys, too. So on the bank's side, I think they had a more difficult time trying to convince their senior management about this product. Our director —we could see the benefit right off the bat, so I didn't have this problem with our side, but there was much more due diligence on the bank's side. And they went through a rigorous process on their side. DILL: One more question again, one more question, sorry. You said there are more than six you investigated more than six different financial institutions? OKUMOTO: Right. DILL: Okay. I'll save my question for later. Questions, board members? BALSIS: I was going to ask you —with the same —first of all, if I'm correct, you had a consultant which advised you on a variety of solutions to issue short -term notes while waiting- - to do your expenditures prior to actually getting the money for the long -term stuff. OKUMOTO: That's correct. BALSIS: Okay, and when you're looking at these short -term facilities, the consultant then said this would be the best way to go. OKUMOTO: That's correct. BALSIS: When you decided on that as being a way to go, did you discuss that way with other institutions besides Bank of Hawai OKUMOTO: When we talked to First Hawaiian, First Hawaiian —we told them we were doing this, and they wanted to see what they could do. And after taking a look at it, they said no, we can't deal with the tax - exempt —maybe taxable, but not tax - exempt. The other smaller institutions —they just don't have the capability. Right now in fact, as far as investments, the only— they 're the only two financial institutions in the state that will take our deposits, because these other ones have capital restrictions, so a lot of the 5 DRAFT - NOT YET REVIEWED BY BOARD. me 3/31/11 investments go outside the state. But as far as tax- exempt, you're talking about a double tax exemption, so if you're going to do something, it's going to make sense to do it in the state of Hawai BALSIS: Did you approach anybody outside the state? OKUMOTO: Well, the financial advisor did. BALSIS: Okay. OKUMOTO: But they didn't offer a private placement program. They were offering all these various types of interim financing, and that's why with his expertise, he can compare more or less the apples and oranges kind of comparison. And just based on price alone, Bank of Hawai `i was the best alternative. One of the things for me was just the cost of administration, because Bank of Hawai `ijust they didn't require us to buy- - they weren't required to buy rated paper. They would just take our paper as it is, because they were so familiar with us and they bought bonds in the past. They're the largest, our largest bond holder. So that alone already, because if you go through a rated process, you've got to go make presentations to all the rating agencies. You've got to fly up to San Francisco, you've got to prepare this rating presentation, you have to prepare a prospectus. But with Bank of Hawai `i, they said no, you don't have to do that. You guys are good. So just based on the cost, and also the lesser requirements —that it was good enough for them, that- -these were two big points for me. And we've talked to other underwriters, and we say we have this facility with Bank of Hawai `i, and they said well, you got a good deal there. So we have not only our independent financial advisors, but other underwriters who —they deal with this, this is their business. They said we have a good facility. BALSIS: The issue here is did you give Bank of Hawari favoritism. And I guess if you're just looking at setting up the facility and your ability to go out and shop it around, the answer in my mind would be to say no. However, the question was brought up about —and you addressed it— rating the facility, getting it rated by Moody's, and it was not because it is private placement, correct? OKUMOTO: That's correct. BALSIS: Is there a legal opinion that you had received saying that oh, you do not have to have this facility rated? Or how did you come across the idea that you did not have to have it rated? Just out of curiosity. I mean, one person's saying it has to be rated, and you're saying not. Is there a legal opinion — OKUMOTO: - -Well, that's up to the purchaser. All the other facilities, the purchaser requires a rating. But back in 2004, we were doing an improvement district, and that required tax - exempt financing but we got it from USDA, so it's like sole source, no underwriter involved The only problem was that when we put the contract out for bid, it went over the amount, so USDA said okay, we'll cover it, but then they only could do a loan for only so much. So we were kind of like, oh, is this deal going to fall apart or 6 DRAFT - NOT YET REVIEWED BY BOARD. me 3/31/11 what? So we were talking to Bank of Hawai `i, just talking about our problems and stuff. He says well, you know, ifyou really get into a pinch, we'll just buy it and we'll just put it into our portfolio. So that was like a private placement , they're buying it and using it either for their mutual funds or for their wealthy clients, or just buying it for the bank's portfolio. But regardless, they were able to absorb the paper. So when we got into this other facility, the thing was in the back of my mina maybe they can do a private placement. DILL: Because it set the precedence, or— OKUMOTO: - -Yeah, because they had offered this in the past. DILL: So in terms of a legal opinion like he was asking about, there was no set legal opinion other than the precedence of him offering in the past, private placement? OKUMOTO: Yeah, it's up to the purchaser whether they want to get a rating or not, and Bank of Hawari is comfortable enough with our —how we run the County, the County management team, our finances —that they didn't require us getting a formal rating. DILL: I have some questions for counsel, more procedural questions than anything else. Is there a way to get a motion to go into executive session? BALSIS: So moved. SCHOEN: Your motion has to be specific, so ifyou want the motion to be for the specific purpose of consulting with the Board's attorney on its procedures, privileges, and — BALSIS: —Yes, that is exactly why we would be going into executive session. That's why I moved. SCHOEN: Thank you. DILL: So, second? HEA UKULANI: Second. DILL: All right, all in favor? DILL, BALSIS, HEA UKULANI (simultaneously): Aye. DILL: Okay, ifyou guys don't mind just giving us a couple of minutes. 10:32 a.m.: The Board left Regular Session * * * * 7 DRAFT NOT YET REVIEWED BY BOARD. me 3/31/11 _ 10:48 a.m.: The Board returned to Regular Session. DILL: We are currently under New Business, Petition 2011 -07, concerning Section 2 - 83, fair treatment, subsection (b), and from Mr. Dan Cole. Do we have a motion regarding this petition? HEAUKULANI: I want to make a motion to continue the initial hearing, and I would like Nancy Crawford to appear to answer questions. The petition is for her, is it not? BALSIS: I second that motion. DILL: Any discussion? If I might add I think the Board would—since Ms. Crawford is named directly in this and not you, Mr_ Okumoto, I really appreciate you coming in and speaking. We just feel it might be better to give her a chance to speak and for us to ask a couple of questions from her before we decide how to proceed with this petition. So thank you again. We have a motion on the floor to continue the initial review of Petition No. 2011 -07 to a later date. All in favor say aye. HEAUKULANI and BALSIS (simultaneously): Aye. DILL: Aye. Motion carried thank you. HENRICKS: I abstained. DILL: Thank you. Moving on to Petition 2011 -08. b. Petition No. 2011 -08: Officer's request for an informal advisory opinion on whether the officer may sit on the National Interstate for Juvenile Board with the State of Hawaii. Mr. Dill noted that the petitioner requested a closed hearing. Ms. Schoen reported that the petitioner had informed them that the petitioner was off - island and unavailable to appear at today's meeting and requested a continuance. Motion and vote: Mr. Heaukulani moved to continue the petition to the next meeting, Mr. Balsis seconded the motion, and all members voted aye. 5. UNFINISHED BUSINESS a. Petition No. 2010 -11: Further initial review of petition questioning whether an officer had a conflict of interest when voting on Bill 283, and whether statements made by the officer caused the officer to violate financial disclosure requirements. DILL: Good morning, sir. Thank you for coming back I really appreciate you coming in and petitioning us and taking the time. I know it's citizens like you that have concerns 8 DRAFT – NOT YET REVIEWED BY BOARD. me 3/31/11 , and that go through the proper channels that really make this island great. We had a non - definitive vote the last time we discussed this petition from you regarding Mr. Yagong and his employment. There are essentially a couple of items at issue. Number one, whether or not there was a conflict of interest in him voting on Bill 283, correct? CADAOAS: Right. DILL: Due to his past employment. I was provided with further information on that Bill 283 and took a closer look at what it entailed, and then also took a closer look at his financial disclosure forms in terms of his employment and whatnot. And although there were some subsidiaries, I couldn't find that he was currently working for — CADAOAS: -- Malama Market — DILL: --yeah, at that time, and furthermore, we're dealing with a subsidiary. And I couldn't find anything definitive that was in violation of the specific sections that are listed in the petition. What I'd like to do is—do we have any other further questions from the Board on this, or can we make a motion to resolve this? SCHOEN: Mr. Chair, as you recall, Mr. Balsis had recused himself, so the three members are Henricks, Heaukulani, and yourself. DILL: Yes. HEA UKULANI :: What about —what did you say about his relationship to subsidiaries? Did he have, or did he have not? DILL: No, there's no direct relationship — HEAUKULANI :: - -Okay DILL: --Actually at the time he was not employed, but a former employer [sic]. Therefore, the decision- making process is of the subsidiary and direct relation to his former employment. Furthermore, after further review of the Bill 283, I didn't see any unwarranted advantages that would be gained through voting on that particular bill. SCHOEN: Mr. Heaukulani, if I might try to answer what I think your question is. The allegations in the petition was that — Petitioner was asking whether or not Councilmember Yagong had violated any financial disclosure requirements by - -when he said that he was not affiliated with Kalama Beach. And I think what Mr. Chair is saying, that pursuant to 2 -91.1, whether or not there's a duty on Mr. Yagong's part to disclose a parent company, holding company, or subsidiary companies. And so 2- 91.1(c) (1) is actually the operative provision that I think Mr. Dill is looking at, which requires that a person list the source of income. There's no other requirement to list. HEAUKULANI Okay. 9 DRAFT — NOT YET REVIEWED BY BOARD. !me 3/31/11 DILL: Which is included on the financial disclosure forms. HEA UKULANL I got it, thank you. SCHOEN: Is that accurate? DILL: Yeah, so therefore he's meeting the requirement as specified I think And Mr. Cadaoas, we did take extra time to look at this and really consider what you brought up, and we value you bringing it up. If there was anything that we thought —or I thought, personally, might be a conflict or even seemingly conflict, I would pursue it even further. CADAOAS: I appreciate that, because I think it was during that first meeting, one of the members said he thought it was a traffic issue, which it wasn't. DILL: Right. It was a development issue. CADAOAS: Yes. DILL: And then you have to look at the players involved and also for us, we kind of are hindered by the fact that we have to look at how it applies specifically to the County Code of Ethics. We're not judge and jury, we don't enforce laws or judge on laws. It's just simply the County Code of Ethics. And like I said the requirements as stated in 2 -91 or 2, regarding disclosure, he needs to sped his source of income, which I think he did. And – anyway, any motions? Again, we had a motion last meet — HEAUKULANI :: Arne, you going to make a motion? HENRICKS: I'm not making a motion, no. HEAUKULANI: Well, once again, motion to dismiss. DILL: Petition 2010 -11, finding that there is no violation? Okay, we have a motion. SCHOEN: Do you have a second? HEA UKULANI :• Me? SCHOEN: Oh, you did Sony. HEAUKULANI• No, a second? DILL: Second Any discussion? All in favor, say aye. HEA UKULANI, HENRICKS, DILL (simultaneously): Aye. DILL: Mr. Balsis recused So again, Mr. Cadaoas, I appreciate your time and efforts. 10 DRAFT - NOT YET REVIEWED BY BOARD. me 3/31/11 CADAOAS: All right. DILL: Thank you. Motion and vote: Mr. Heaukulani moved to go into Executive Session for review of the confidential matters in agenda item 6. Mr. Balsis seconded the motion, and all members voted aye. 10:58 a.m.: The Board left Regular Session. 11:17 a.m.: The Board returned to Regular Session. 6. VOTING ON EXECUTIVE SESSION MATTERS a. Approval of the minutes of the February 9, 2011, meeting (Executive Session). Motion and vote: Mr. Balsis moved to accept the minutes as presented, Mr. Heaukulani seconded the motion, and all members voted aye. b. Review draft informal advisory opinion regarding Petition 2011 -06, requested by a former employee on whether the former employee may work at a law firm which has clients having business with the County and in particular the County Council. Motion and vote: Mr. Heaukulani moved to accept the draft, Mr. Balsis seconded the motion, and all members voted aye. The Chair signed the original. c. Review of Confidential Financial Disclosure Forms filed pursuant to Section 2- 91.1(d), Hawaii County Code, by County board and commission members and designated County employees, where personal matters will be reviewed. Motion and vote: Mr. Balsis moved to accept all disclosures except 9 and 10, which were being rejected for being incomplete. Mr. Heaukulani seconded the motion, and all members voted aye. 7. ANNOUNCEMENTS Mr. Balsis and Mr. Henricks both said they were not available to meet as scheduled on April 13, 2011. The Board discussed when they could next meet, and three of the four were available on both April 20 and May 11, 2011. Ms. Schoen was to contact several parties involved in pending petitions to see when they were available and set a firm date. 11 • DRAFT - NOT YET REVIEWED BY BOARD. me 3/31/11 The Chair thanked everyone for serving. 11:22 a.m.: The Chair adjourned the meeting. Respectfully submitted: Mary E. Crosson, Secretary 12 • Print Page 1 of 1 From: Mary Crosson (mcrosson@co.hawaii.hi.us) To: cole hawaii@yahoo.com; Date: Thu, March 31, 2011 3:40:40 PM Cc: Subject: RE: Board of ethics Minutes for 2 March. Good afternoon, Mr. Cole - Attached are the draft (unapproved) minutes of the Board's 3/9/11 meeting, per your request. Mary E. Crosson Legal Clerk for Brooks L. Bancroft, Julie K. L. Meddenburg, and Diane A. Noda and Secretary for the County Board of Ethics Office of the Corporation Counsel County of Hawai'i 101 Aupuni Street, Suite 325 Hilo, Hawai'i 96720 Telephone: (808) 961-8251 Facsimile: (808) 961-8622 From: Dan Cole [mailto:cole_hawaiiQyahoo.corn] Sent: Wednesday, March 30, 2011 2:37 PM To: MCROSSON@co.hawaii.hlus Subject: Board of ethics Minutes for 2 March. Aloha Mary, Can you tell me the status of my request for the unapproved minuted of the 2 March Board of Ethics meeting. The Hawaii County Council has scheduled a 5 April, 6:00PM Public Hearing on Bill 311, the $56 million Bond float. The information in the 2 March minutes is critical for testimony before the Council's 5 April Public Hearing. Thank you for your attention in this matter. Dan Cole http://us.mg2.mail.yahoo.com/dc/launch?.rand=ffb83avtatp6b 3/31/2011