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HomeMy WebLinkAboutCOM 0111.084 2010-2012 • Dan A. Cole RFC; #', w P.O. Box 630 Keaau, Hawaii 96749 2 "il1 JUN 28 PEI 3 10 Telephone: (808) 966 -9229 fm Email: Cole Hawaii yahoo. com CO C,t LIN TESTIMONY IN OPPISITION to Bill 29 (Draft 4) as heard before the SPECIAL MEETING OF THE HAWAI'I COUNTY COUNCIL, on Thursday, June 30, 2011; 18 U.S.C. §4 Notification of violations of 18 U.S.C. §3 by the Hawaii County Council to RICO Act statutes, RE: 18 U.S.C. §1344 Bank Fraud, et. al. Aloha Council Members, This Council does not dispute that Hawaii County Mayor William P. Kenoi in conspiracy with Hawaii County Finance Director Nancy Crawford and other Officials and Agents of the County of Hawaii did conspire to cause the issuance of at least TWENTY - MILLION- DOLLARS of unauthorized COUNTY OF HAWAII, GENERAL OBLIGATION BOND ANTICIPATION NOTES. (BAN's) Therefore until such time as the legality of the March 2, 2011, and possible other Issuances of County of Hawaii General Obligations BAN's can be determined to be in compliance with the Hawaii County Charter, Hawaii Revised Statutes, United States Code, Security and Exchange Rules, Securities Act of 1933, and other County , State and Federal statutes, there can be no "Balanced Budget" as required by the County Charter, and any action to approve such Budget for the County of Hawaii for the Fiscal Year 2011 -2012 causes each Council Member and the Council body politic to be in knowing and knowingly violation of the Hawaii County Charter, United States Code 18 U.S.C. §3 Accessory after the fact, and/or 18 U.S.C. §2 Principals, to violations of 18 U.S.C. §1961 Definition (1) "racketeering activity" (A) 1344 (relating to financial institution fraud) and to 18 U.S.C. §371 Conspiracy to commit offense or to defraud United States via knowledge of LR.S Form 8038 -G as signed by Hawaii County Finance Director Nancy Crawford on March 2, 2011. Dated: June, 28, 2011, Hilo, Hawaii / / / Dan A. Cole Attached hereto Forty -Two, (42), pages of supporting documentation. Cow% No ‘1114 , Ref. Tos T Ref. Date. J 3 0 2 Print Page 1 of 3 From: Dan Cole (cole_hawaii@yahoo.com) To: wkenoi @co.hawaii.hi.us; bford @co.hawaii.us; dikeda @co.hawaii.hi.us; donishi @co.hawaii.hi.us; fblas @co.hawaii.hi.us; glenn.s.hara @courts.state.hi.us; greg .k.nakamura @courts.state.hi.us; jyoshimoto @co.hawaii.hi.us; oip @hawaii.gov; phoffmann @co.hawaii.hi.us; rephanohano @capitol.hawaii.gov; ronald.ibarra @courts.state.hi.us; susan mollway @hid.uscourts.gov; apilago @co.hawaii.hi.us; bsmart@co.hawaii.hi.us; hcpdone @co.hawaii.hi.us; dyagong @co.hawaii.hi.us; hawaiiag @hawaii.gov; Date: Tue, June 28, 2011 9:34:31 AM Cc: help @sec.gov; afpeditor @americanfreepress.net; cjensen @westhawaiitoday.com; editor @hawaiinewsdaily.com; jarmstrong @hawaiitribune- herald.com; mmitchell @calea.org; ncook - lauer @westhawaiitoday.com; newswoman@mac.com; oip @hawaii.gov; Paul_Dyson @standardandpoors.com; aphonolulu @ap.org; eric.simmons @dhs.gov; glennbeck @foxnews.com; newswoman@me.com; wht @aloha.net; Subject: Fw: Mayor Kenoi's Confession to Concpiricy to Bank Fraud - NOTIFICATION of Bank Fraud and Racketeering Activity in the County of Hawaii Aloha, As you all can see Mayor William "Billy" Kenoi does not dispute that he conspired with Hawaii County Finance Director Nancy Crawford to sell the Bank of Hawaii $20M in Fraudulent Hawaii County Bond Anticipation Notes Series A and Series B issued on 2 March 2011. Please notice that until the $20M can be identified in County Records as a "Legal" action any budget of the County of Hawaii cannot meet the legal requirement of the Hawaii County Charter requiring a Balanced Budget and therefore no Budget for the Fiscal Year 2011 -2012 can be approved. I have made a formal request to the Hawaii State Office of Information Practices for an Appeal of Denial of access to government records for the purpose to locate the information surrounding the missing $20M. It is understood that failure of the County of Hawaii to provide the requested information will result in a Court action. I have presented the Hawaii County Corporation Counsel, Lincoln S.T. Ashida a copy of my June 27, 2011 APPEAL to OIP Director Ms. Cheryl Kakazu Park and to U.S. Attorney for the Hawaii District Ms. Florence Nakakuni. I will be testifying at the Special Meeting of the Hawaii County Council on Thursday, June 30, 2011 RE: Comm. 111.75 and Bill 29 (Draft 4);, and Comm. 111.83. NOTICE This email is being made known to authorities under and of the United State as required by United States Code 18 U.S.C. 18. identifying actual knowledge of a felony cognizable by a court of the United States RE: 18 U.S.C. 1961 (1) racketeering activity", (A) 18 U.S.C. 1344 Bank Fraud. Thank you for your attention to this Notification. Aloha, http: / /us.mg2. mail. yahoo. com /dc/launch ?.rand= ffb83avtatp6b 6/28/2011 Print Page 2 of 3 Dan A. Cole Forwarded Message - - -- From: "Glenda.Paige @hawaii.gov" <Glenda.Paige @hawaii.gov> To: Dan Cole <cole_hawaii @yahoo.com> Sent: Tue, June 28, 2011 8:52:24 AM Subject: Re: Mayor Kenoi's Confession to Concpiricy to Bank Fraud - NOTIFICATION of Bank Fraud and Racketeering Activity in the County of Hawaii Mr. Cole, This is to confirm that the Governor's Office received your June 17, 2011 fax. Yours truly, Glenda Paige 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 From: Dan Cole <cole_hawaii@yahoo.com> To: Govemor.Abercrombie @hawaii.gov, Kenoi Wiliiam <wkenoi@co.hawaii.hi.us> Cc: Glenda.Paige @hawaii.gov, Glenda.Paige @hawaii.gov, afpeditor @americanfreepress.net, bford @co.hawaii.us, cjensen@westhawaiitoday.com, cole_hawaii @yahoo.com, Derek.J.Chow @usace.army.mil, Diane.K.Taira @hawaii.gov, dikeda@co.hawaii.hi.us, donishi @co.hawaii.hi.us, editor @hawaiinewsdaity.com, fblas@co.hawaii.hi.us, glenn.s.hara @courts.state.hi.us, greg .k.nakamura @courts.state.hi.us, jarmstrong @hawaiitribune- herald.com, jyoshimoto@co.hawaii.hi.us, mmitchell@calea.org, ncook- lauer@westhawaiitoday.com, newswoman @mac.com, oip @hawaii.gov, Paul _Dyson @standardandpoors.com, phoffmann @co.hawaii.hi.us, rephanohano@capitol.hawaii.gov, rflickinger @westhawaiitoday.com, ronald .ibarra @courts.state.hi.us, susan mollway @hid.uscourts.gov, Angel Pilago <apilago©co.hawaii.hi.us>, AP Press <aphonolulu©ap.org>, Brittany Smart <bsmart@co.hawaii.hi.us >, Chief Police <hcpdone @co.hawaii.hi.us >, Dominic Yagong <dyagong @co.hawaii.hi.us >, Elizabeth Fox <Elizabeth.Fox@contech- inc.com >, Eric Simmons <eric.simmons @dhs.gov >, Glenn Beck <gtennbeck@foxnews.com >, Lincoln Ashida <LASHIDA @co.hawaii.hi.us >, Mark Bennett <hawaiiag@hawaii.gov >, TIFFANY EDWARDS HUNT <newswoman @me.com >, West Hawaii Today <wht @aloha.net >, Ximena POH Williams < Nelly.X.Williams @usace.army.mil> Date: 06/27/2011 11:01 AM Subject: Mayor Kenoi's Confession to Concpiricy to Bank Fraud - NOTIFICATION of Bank Fraud and Racketeering Activity in the County of Hawaii Aloha Governor Abercrombie and Mayor Kenoi, I have not recieved the confirmation that you have recieved the thrity -nine, (39), pages described below. Please note that this email is required by United states Code as an 18 U.S.C. 4 Notification to patterns and histories of "racketeering activity" and violations of the RICO Act. Thank you for your attention to this request for reciept confirmation. http: / /us.mg2.mail.yahoo.com/dc /launch ?.rand= ffb83avtatp6b 6/28/2011 Print Page 3 of 3 Aloha, Dan A. Cole Forwarded Message - - -- From: Dan Cole <cole_hawaii @yahoo.com> To: Governor .Abercrombie @hawaii.gov; Kenoi William <wkenoi @co.hawaii.hi.us >; bford @co.hawaii.us; dikeda @co.hawaii.hi.us; donishi @co.hawaii.hi.us; fblas @co.hawaii.hi.us; glenn.s.hara @courts.state.hi.us; jyoshimoto @co.hawaii.hi.us; phoffmann @co.hawaii.hi.us; Angel Pilago <apilago @co.hawaii.hi.us >; Brittany Smart <bsmart@co.hawaii.hi.us >; Dominic Yagong <dyagong @co.hawaii.hi.us> Cc: " "Help" <help @sec.gov >; afpeditor @americanfreepress. net; cjensen @westhawaiitoday.com; editor @hawaiinewsdaily.com; glenn .s.hara @courts.state.hi.us; greg .k.nakamura @courts.state.hi.us; jarmstrong @hawaiitribune - herald.com; ncook- lauer @westhawaiitoday.com; newswoman @mac.com; oip @hawaii.gov; Paul _Dyson @standardandpoors.com; rephanohano @capitol.hawaii.gov; rflickinger @westhawaiitoday.com; ronald .ibarra @courts.state.hi.us; susan_mollway @hid.uscourts.gov; Chief Police <hcpdone @co.hawaii.hi.us >; Eric Simmons <eric.simmons @dhs.gov >; Glenn Beck <glennbeck @foxnews.com >; Lincoln Ashida <LASHIDA @co.hawaii.hi.us >; Mark Bennett <hawaiiag @hawaii.gov >; Steven Slagle <sslagle @nicb.org >; TIFFANY EDWARDS HUNT <newswoman @me.com >; West Hawaii Today <wht @aloha.net> Sent: Tue, June 21, 2011 10:02:28 AM Subject: Mayor Kenoi's Confession to Concpiricy to Bank Fraud - NOTIFICATION of Bank Fraud and Racketeering Activity in the County of Hawaii Aloha Gov. Abercrombie, Hawaii County Mayor Kenoi, &, Hawaii County Council Members, Did you receive this day, or yesterday, my Thirty-Nine, (39), pages of Faxed documentation, or my personal delivery to the Hawaii County Council Services Office of the 17 June 2011 39 page document: SUBJECT: TESTIMONY IN COMMENT for Council's Special Session to override Mayor Kenoi's veto of the County's $367.3 million budget.; 18 U.S.C. 4 NOTIFICATION to an authority under the United States RE: 18 U.S.C. 1344 Bank Fraud, 18 U.S.C. 1961 "racketeering activity ", Hawaii Revised Statutes, HRS 485A -501 General Fraud, et. al. Please notice that the documentation and the language contained therein speaks for itself and is an INDIRECT CONFESSION by Hawaii County Mayor William Kenoi and Hawaii County Director of Finance Nancy Crawford, assenting silence, to their knowing and knowingly acts and actions, RE: Issuance of March 2, 2011, $10 Hawaii County Bond Anticipation Notes, Series "A" and Series "B" for a combined Obligation upon the County of Hawaii of $20M, to commit violations, in conspiracy with Members of the Hawaii County Council via 18 U.S.C. 3 Accessory after the fact, and 18 U.S.C. 2 Principals, to violations of the Hawaii County Charter, Chapter 6, Section 6 -6.3. Powers Duties and Functions(c); Hawaii Revised Statutes HRS 485A -501 General Fraud (a)(2), HRS 485A -508 Criminal penalties (a)(3), HRS 705 -521 Scope of conspiratorial relationship, HRS 485A -103 Reference to federal statutes RE: "Securities Act of 1933" Section 17, "Securities Exchange Act of 1934 "; United States Code 18 U.S.C. 1344 Bank Fraud (1)(2), 18 U.S.C. 1961(1) "racketeering activity ", 18 U.S.C. 371 Conspiracy to commit offense or to defraud United States; U.S.Securties and Exchange Rule 10b -5; et. al. Thank you for your attention to this matter, Aloha, Dan A. Cole http: / /us.mg2.mail.yahoo.com/dc /launch ?.rand= ffb83avtatp6b 6/28/2011 Dan A. Cole P.O. Box 630 ,g juti 2M fri 8 19 Keaau, Hawaii 96749 �v Telephone: (808) 966 -9229 0 ; Email: Cole Hawaii(aya.hoo.com i" U1� • } ` TESTIMONY IN OPPISITION: To Res. 88 -11: RESOLUTION AUTHORIZING THE RENTENTION OF SPECIAL COUNSEL BY THE HAWAII COUNTY COUNCIL TO PROVIDE LEGAL OPINION REGUARDING (1) FORM AND /OR LEGALITY OF BILL 29, DRAFT 4, THE PROPOSED OPERATION BUDGET FOR THE COUNTY OF HAWAII FOR FISCAL YEAR 2011 -2012 AS ADOPTED BY THE HAWAII COUNTY COUNCIL ON JUNE 1, 2011; (2) THE VETO MESSAGE FOR BILL 29, DRAFT 4, AS TRANSMII'hED BY THE HONORABLE MAYOR WILLIAM P. KENOI, DATED JUNE 15, 2011; (3) THE LEIT R BY CORPORATION COUNSEL LINCOLN S.T. ASHIDA TO FINANCE DIRECTOR NANCY CRAWFORD, DATED JUNE 14, 2011, REGUARDING BILL 29, DRAFT 4. Testimony to be presented in both Oral and Written formats before the SPECIAL MEETING OF THE HAWAII COUNTY COUNCIL, on Friday, June 24, 2011; LEGAL NOTIFICATION required by United States Code, 18 U.S.C. §4 Misprision of felony as by and throng} this Testimony of Dan A. Cole , the Council, identified as an authority under the United States is being made known the actual commission of felonies cognizable by a court of the United States, where such felonies include, but not limited to, 18 U.S.C. §1344 Bank Fraud, 18 U.S.G. §371 Conspiracy to Commit offense or to defraud United States, 18 U.S.C. §2 Principles & 18 U.S.C. §3 Accessory after the fact to knowing and knowingly violations in patterns and history of violations to the federal RICO Act codified by 18 U.S.C. §1961 Definition (1) "racketeering activity". COMES NOW, Dan A. Cole, to Testify, Allege, and Aver that the necessity for authorizing the hiring of special counsel to provide legal opinion to the Hawai'i County Council regarding Bill 29, Draft 4, Mayor William P. Kenoi's veto of Bill 29, Draft 4, and Corporation Counsel Lincoln S.T. Ashida's June 14, 2011 legal communications alleging legal infirmities is moot on a plethora of State of Hawaii and United States Legal Statutes, Legal Doctrine, and Legal Maxims Where the aforesaid actions of the County Council are alleged to be knowing and knowingly acts and actions, or non -acts and non- actions as identified under the Legal Doctrine of assenting- silence which states: The principle that an accusation will be taken as true, despite silence by the accused, if the accusation was made under circumstances in which silence can be fairly said to be an agreement. and identifies an indirect confession by Council Members to the use of their Official Position in violation of 18 U.S.C. §242 Deprivation of Rights under Color of Law: Section 242 of Title 18 makes it a crime for a person acting under the color of any law to wilfully deprive a person of a right or privilege protected by the Constitution of laws of the United states. For the purpose of section 242, acts under "color of law" include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that officials lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties Persons acting under the color of law within the meaning of this statute include police officers, prison guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward race, color, religion, sex, handicap, familial status or national origin of the victim. and in conspiracy against rights as, 18 U.S.C. §2 Principles and/or 18 U.S.C. §3 Accessory after the fact, where such Official Actions or Official Non-Actions were such knowing and knowingly acts and actions undertaken in pattern and history of violations of the federal RICO Act, RE: 18 U.S.C. §1961 Definition (1) "racketeering activity", (A) Extortion, RE: Hawaii Revised Statutes, HRS §707 -764 Extortion (1)(i) Take or withhold action as a public servant, or cause a public servant to take or withhold such actions. Such actions are identified as knowing and knowingly actions, or non -acts and non - actions by the County of Hawaii and it's agents, to include members of the Hawaii County Council acting in their official position in violation of 18 U.S.C. §241 Conspiracy against rights, where Records of the Council as held in the Clerk's Repository of Records, County of Hawaii, identify that that two or more officials and/or agents of the County of Hawaii did conspire to oppress, threaten and/or intimidate a person, Dan A. Cole, and to deny said person of his State and Federal Constitutional rights and freedoms to petition the government in redress of grievance, rights of due process of law, and equal protection of the law, et. al. in conspiracy with State of Hawaii, and United States judicial authorities, Officers of the Court and Judges to instill in a person, Dan A. Cole, through legal coercion and/or mepns of compulsion sufficient in kind and degree to subject a person having the same general station in life to believe he had no reasonable means of escape and no choice except to remain in the service of the aforementioned agents by means of legal coercion that aforementioned officials and agents, in knowing and knowing violation of 18 U.S.C. §1584 Sales into involuntary servitude in that the aforementioned agents and officials did in fact have the legal authority to deny and deprive a person, Dan A. Cole, of his State and Federal Constitutional guaranteed rights and freedom to petition the government of redress of grievance, rights to due process, rights to property and dqual 2. protection of laws thereby violating a person's, Dan A. Cole, Thirteenth Amendment right to be free from involuntary servitude. See United States V. Kozminski, 487 U.S. 931 (1988). The County Council, County of Hawaii and the Mayor, County of Hawaii have both abdicated their rights under the Hawaii County Charter by and throe • h the acceptance and use of Joint Counsel, that Counsel being the Hawaii County Corporate Counsel Office, and the Mayor appointed and Council approved Corporation Counsel, Lincoln S.T. Ashida thereby preventing any true Legal and/or Ethical separation of the Administrative and Legislative branches of the County government and their functions of the Chief Executive Officer vested with all the executive powers of the County and legislation and public policy formulation of the Council. Counsel Ashida cannot serve two Masters in legal opposition without being in conflict for to do so would be a fraud upon his client the County of Hawaii. Caveat emptor; qui ignorare non debuit quod jus alienum emit: Let the buyer beware: for he ought not act in ignorance when he buys what another has a right to. The Council is, or should have been, aware that Mayor Kenoi, as of March 2, 2011 may no longer have the Legal Authority to act as the County's Executive Officer. The Council should have done it's due diligence after having been made aware of the alleged and averred rational and prior illegal acts and actions in violation of a plethora of statutes and provisions of the Hawaii County Charter, Hawaii Revised Statutes, United States Code, Securities Act of 1933, et. al., that precipitated Mayor William P. Kenoi's actions in vetoing of Bill 29, Draft 4 in response the Council's amending Bill 29 with the fabricating of a "Council Adjusted Expense Account" is related directly to the issuance of the March 2, 2011, $10M General Obligation Bond Anticipation Notes, Series "A" and Series `B" that were issued upon the "Authorizing Authority" of Bill No.: 311 (Draft 3), Reference: C- 154.14/FC -188, Ord. No.: 11-40, signed by Mayor Kenoi on May 4, 2011 with an Effective Date: May 4, 2011, two, (2), months after Mayor Kenoi's signature, and that of County Finance Director Crawford, appeared on and IN WITNESS WHEREOF, THE COUNTY OF HAWAII, STATE OF HAWAII, did thereby certify, recite and declare that all conditions, acts, and things essential to the validity of the Note and the series of which it is part exist, have happened and have been done; that every requirement of law affecting the issuance thereof has been duly complied with;... . The Council is, or should be aware of by the fact that in addition to their availability to Legal Counsel of the Corporation Counsel Office there is a Council Member that is a Licensed Lawyer in the State of Hawaii and former State Deputy Attorney General, where the Council should have been made aware of the common meaning of the Legal Maxim Causa et origo est materia negotii: . The cause and origin of the matter are the substance of it "The law regards the original act" 3. OFFICE OF THE COUNTY CLERK County of Hawai`i - _ Kona, Hawai`i - HD NW S C-i i in "a Introduced By: Pete Hoffmann ROLL CALL VOTE Date Introduced: November 4, 2010 -AYES' -- NOES -- _ ABS EX First Reading: November 4 , 2010 Enriques 3-c- - . . . Published: November 13 , 2010 Ford X Greenwell X REMARKS' Passed 2 & Final Rdg. - 11/17/10; Hofmann X Motion to 'reconsider" passed & postponed Ikeda X pending public hearing - 11/30/10; Public Naeole X hearing -April 5, 2011; Amended to Dr. 2 & held Onishi X . over pursuant to Council Rule 24(e)- 4/6/11 Yagong X Yoshimoto - X Second Reading :. April 20, 2011 3 1 0 To Mayor: April 29, 2 011 (Draft 3) Returned: May 5 , 2011 • ROLL CALL VOTE festive: May 4 , 2011 AYES NOES ABS EX - Published: May 28 , 2011 Blas X Ford X REMARKS: Hoffmann - X Ikeda X Onishi X Pilago X Smart X Yagong X Yoshimoto X 7 2 0 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. 1, - , .- \ ..) APPROVED AS TO - FORM AND LEGALITY: ^ COUNCIL CHAIRP N DEPUTY CORP TION COUNSEL � 1 r COUNTY OF WAJ`I kid ,41-. ..,i t t NTYCLERK Date i/ • 311 (Draft 3) (2008 -2010) 0 '"� Bill No.: j*,, Reference C- 154.14/FC -188 proved/D approved this i day .' � .Q f _ IV,- , ZO l Ord No.: • ��� t Cpl that i� s � � _ Soft and correct -. , ,, � af co the in MAYOR, COUNTY OF HAWAII i e Fill Each Council Member, jointly and severely , is aware by way of a thirty-nine, (39), page 17 June 2011 letter and testimony from Dan A. Cole, RECEIVED 2011 JUN 20 AM 9 26, County Clerk, County of Hawaii, with attached documentation SUBJECT: TESTIMONY IN COMMENT for Council's Special Session to override Mayor Kenoi's veto of the County's $367.3 million budget.; 18 U.S.0 §4 NOTIFICATION to an authority under the United States RE: 18 U.S.C. §1344 Bank Fraud, 18 U.S.C. §1961 "racketeering"; Hawaii Revised Statutes, HRS §485A -501 General fraud, et. al. I call the Council's attention to the PREAMBLE of the County of Hawaii Charter: WE, THE PEOPLE OF THE COUNTY OF HAWAI'I, in the State of Hawai 'i, with due respect for and in support of the laws of the land, do adopt this CHARTER OF THE COUNTY OF HAWAI'I STATE OFHAWAI'I Please review the above PREAMBLE in light of you own Sworn Oath of Office and notice that any further action in reference the approval of, or to override Mayor William `Billy" Kenoi's veto thereof Bill 29, Draft 4 will be identified as a knowing and knowingly act or action in violation of a aforementioned plethora of County, State and Federal Statutes thereby removing any and all, making moot, General Obligations of the County and the interest and principal payments as a first charge on the general fund of the County, removing the full faith and credit of the County to the punctual payment of the principle and interest on the March 2, 2011 County of Hawaii Bond Anticipation Notes Series "A" and Series `B ", wherefore the County of Hawaii "OFFERED" to Bank of Hawaii and Bank of Hawaii made "Purchase Confirmation" and purchase of, the Non - Rated, March 2, 2011 County of Hawaii Bond Anticipation Notes in the above series pursuant to the Master Issuance Certificate, wherein the Certificate states that each Participating Institution is expected to conduct it's own "due diligence" in purchase of the Notes. In addition the people of the County of Hawaii are absolved of any obligation for providing Legal Counsel, payment or repayment of any incurred fees and/or fines to Hawaii County Council Members in respect to any criminal indictments, trials or civil torts brought against them, and where such legal actions are therefore to be brought against the Council Member, persona, and not Council Member, body politic. DA'Z'ED: June 24, 2011, Hilo, Hawaii i Dan A. Cole _. 4. T UM= STATES (*AMERICA STATE OF HAWAII COUN YOFHAWAII GENERAL T yg � L1 I Qffii( ATIL27 BOND ANTIC:WA':ION _ i r ; SERIES B f It-1 i - DATED MA1' RAM DAT& DAT& NUM i L22% Maeda 2 11 September2,291I 41989t`.AS6 G(Ho BANK OP HAWAII - - EPAL SUM: '1N�p - THE COUNTY OF HAWAII, State of Haase Oiereiradior tea. the 'Cowl, for value received, hereby peasises to pas to the Registered Holder (onno or of the above Mathrky Dale (sakes his sale damn be s■ibjeet is prior odosaltion and - shill love thar�tolise been dn�ly adkd iwp r r adman: at oflie� duly node or provided for), the above Principe' Saar together sal iela+aitatthe abaee ba i Rate per annum. Such payment shall be mode to the Regisksed Bolder lnreot whose mine this boles lottistered upon the Note as grille et the e dose of eas ea tenon (I ` (windier or not a bung day) peoedag the Mateaft Nadu. AS amours the hereunder snag be payable in any coin or mammy ego UAW States ofAmeaira With attic tier afpspseet is lewd tender forpab& aid pivatledebts. Bagnreatofaade anoa■es shall besa de droat lokid draft varied or by vise seat to the wed Bolder of saw Bond at sada Holder's addax= or account as it amain on the Boni Register or otherwise as awed upon by the Carty and sob Upon the making ohm* payineat, the Regisaied Rektor don lie nopireg to saistoder the Bond lbw cancellation attic office oitbe Dins:torrofFinsacce &the Cossy, is *Mk Hawk as PayingAgess. Ibis Nate is are ofhe Conners Gamed Banc issued posiont to and is *V congas= doe Satire of iodating Part 1 of Chapter 47,1havaii Reviled ahem as h the Chow o l le County, proceedings ethe county tidy oho ibxesodsr, and the Caailleste oldie Under of n details ame cit Coady pr vide% for the iesnseoe and Bela: ((die Notes and fines the Iim and tboeaf (the "Maser banaaoe Cesisi Notes adios in all st peels to the pnevisionsafibe Malierbananoe Gi °McManus ofrinanee o€theCounty)and supplemented Gook ID bromide for - provisions regarding the dens of the Hodder the nature and caters of thesecurity and provisibus for payment of the Notes, of the r smsi imnmaides of the Corm Finance, as Viand Paying Aged By a leue the oftas � and . agrees to all such provisions. This Note hereof arc a fit is a oft County, and the rest and payments County are on the of such County. The MI fad and croft of the 1 y pledged to the p pa a ftbe p of and on this according to its total. This Note may be transferred, in whole but not hi part; upon the Note a�nsaesnretoane o I}irrctor of duly authorized h; by the subject to the limitations and upon payment of the Registrar, y, but provided i the p this Note, and ¢may, R R egi t ffi the eancelimion, together '4� the hereof lo the for and with a written insistences of transfer safeftdoey faun to the Registrar duly axe:uted by the Rid Holes a the Registered Holder's duly anthoduel attorney, which may be the form p1dorsed hereon. Upon such transkr a new Akete, of the same aggregate priUcipal amount, issue, isterest rate and main* as the Nate summdesed, will be issued to the transferee in exchange berg. The County and its Director of FiaaaCe or such Director's asAgeatand t t a� the parson in whose name t s Note is tad. on the Note Reg kept . this Note as the absohne owner of this Not for all Agent and , the County e c rhi,°cs°" of Finance, as p aying by �t.eo_. lt is hereby certified, recited and declared that the validity of this Note the aerial of wI�� all ooh,• act and things �'sa�ist to - - that every t ofLaw airecting the issuance diem& has been duly and that the amount of this Note and the sus of which it toms a '. indebtedness of the County of Hawaii, is not in excess of any arm char boa on indebtedness. r IN WITNESS WHEREOF, THE COUNTY OF HAWAII: STATE OF HAWAII, has - caused this Note to be signed by the manual of its Director of mile a of its Mayor, to be d with its seal or to beer a t0 bear the and this Note to be dated as of the date stated above. 'Ie of its seal, f -3— C .. 4 ,, j _� •r te A.... I.. t a 2 .,8038-G Information Return for Tax - Exempt Governmental Obligations • Under Internal Revenue Code section 149(e) (Rev. May 2010) • See separate instructions. OmB No. 1545 -0720 Department of me Treasury Caution` If the issue Revenue SWAM i is under $100,000, use Form 8038-GC. Part I Reporting Authority if Amended Return, check here ► ❑ 1 issuer's name 2 Muses employer Identification masher (BM County of Hawaii 99 i 6000567 3 Number and street (or P.O_ box if mail Is not delivered to street address) Roonrlsuite 4 Report rernrber fo r 1RS (Jse Ord1� 25 Aupuni Street 13 1--::1 5 City. town. or post office, state. and ZIP code 6 Date of issue Hilo, Hawaii 96720 March 2, 2 011 7 Name of issue 8 CUSP number General Obligation Bond Anticipation Notes, Series B 419 9 Name and title of officer of the issuer or other person whom the IRS may call fix more rrformatian 10 Telephone number of offic O other person Nancy Crawford, Director of Finance ( 808 ) 961 - 8517 T ype of Is su e ( the issue price) See ins truct i o ns and attach schedule 11 Education - - 11 . 12 Health and hospital 72 13 Transportation . 13 14 Public safety . 14 15 Environment (including sewage bonds) 15 16 Housing . . . 16 17 Utilities _ . . 17 18 Other. Descnbe b. general governmental purpose capital projects 18 50,000,000 00* 19 If obligations are TANs or RANs, check only box 19a ti ❑ _�- _ ; , . s are B ANS, : ate O n check o - m 9ntro my box 19b � H A-5.-.1.-53.., :' r : ,�;� If ob - 20 If obligations are in the form of a lease or installment sale check box • El ` N - - � 'f t .-- -- 74-41- _ -`,.`? Part 111 D •� Description of Obligations. Complete for the entire issue for which this form is being filed. (c) Stated redempton id) (a) Final maturity date (b) issue Arica price et age lei Yield 21 March 2, 2041 $ 50.000,000* $ 50,000,000* *' years VR % Part IV Uses of Proceeds of Bond Issue (including underwriters' discount) 22 Proceeds used for accrued interest 22 0 00 23 issue price of entire issue (enter amount from One 21, column (b)) . 23 50,000,000 00* 24 Proceeds used for bond issuance costs (includ underwriters' discount) . 24 0 00 7 ::-:. -- , = . 25 Proceeds used for credit enhancement 25 0 00 :s 26 Proceeds allocated to reasonably required reserve or replacement fund . . 26 0 00 27 Proceeds used to currently refund prior issues 27 0 00 ° 28 Proceeds used to advance refund prior issues 28 0 00 -1 29 Total (add lines 24 through 28) 29 0 00 30 Nonrefundinp proceeds of the issue (subtract line 29 from line 23 and enter amount here) . . 30 50,000,000 00* Part V Description of Refunded Bonds (Complete this part only for refunding bonds.) 31 Enter the remaining weighted average maturity of the bonds to be currently refunded . . _ ► years 32 Enter the remaining weighted average maturity of the bands to be advance refunded . . > years 33 Enter the last date on which the refunded bonds will be called (MM/DDtYYYY) ► 34 Enter the date(s) the refunded bonds were issued II. ( M'm For Privacy Act and Paperwork Reduction Act Notice, see separate instructions. Cat. No. 637735 Four, 8038 -G (Rev. 5 -2010) *Maximum authorized principal amount. * *See Attachment. Form 8038.6 (Rev. 5-2010) 2 Page Part VI Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141()X5) . 35 0 00 36a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract - -f- (GIC) (see instructions) 36a 0 00 b Enter the final maturity date of the GC • 37 Pooled financings: a Proceeds of this issue that are to be used to make loans to other .. governmental units 37a b If this issue is a loan made from the proceeds of another tax - exempt issue, check box • ❑ and enter the name of the issuer Ill. and the date of the issue► 1001f° 38 If the issuer has designated the issue under section 265(bX3)($ i 111) (small issuer exception), check box . . . • ❑ 39 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box • ❑ 40 If the issuer has identified a hedge, check box ■ 0 Under penalties of perjury, 1 declare that 1 have examined this whin and accompanying schedules and stag, and to the best al my knowledge Signature r belief. th are true, • d' cor rect, and complete. !further declare that !consent to the IRS's disclosure of the issuers return kdonnation, as necessary and r at'"'• SOn : 1 have authorized above. nsent 4.1c... a, Imil - A Nancy Crawford, Director of Finance r 4.1c... Signature of :. s authorized -. - Date 3/2/11 } Type or print name and the Paid Prepayees ` 312111 Check if Preorre< s SS l or PTpV Preparer's Firm's Wane ❑ P01067598 use Only y , I sew - toyed).' McCo rtsttxt Miller tMukai MacKinnon LIP 99 0080339 address, and ZIP code 5 Waterfront Plaza, 4th floor, 500 Ala Moans Blvd. Friona no. 1 808 l 529 -7300 Honolulu, Hawaii 96813 Forms 8038-G (Rev. 5-2010) TAX CERTIFICATE Il COUNTY OF HAWAII Pertaining to COUNTY OF FIA WA II GENERAL OBLIGATION BOND ANTICIPATION NOTE SERIES B NOTES k OF rtificate is executed by the undersigned Director of Finance of the County of Hawaii (the "County") with respect to the issuance from time to time of its General Obligation Bond Anticipation Notes, Series B (the "Series B Notes") and the applicable requirements of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code ") and the Treasu Regulations promulgated thereunder (the `"Treasu ot otherwise defined herein shall have the meanings etforth the Master I�anceeCert fe icat referred to in Paragraph 1 hereof. e In connection with the issuance of the Series B Notes, the undersigned hereby certifies, represents and covenants as follows on behalf of the County: I. General. The County is a political subdivision of the State of Hawaii. The County has issued the initial Series B Note on the date hereof in the amount of $10,000,000 The County intends to issue additional Series B Notes from time to time pursuant to the Certificate of the Director of Finance of the County dated as of September 28, 2009 (the "Master Issuance Certificate ") authorizing the issuance of the Series B Notes or other series of Notes, as applicable, and the Authorizing Ordinances referred to therein. 2. Series B Note Financi Pro ram- Treatment Commercial Pa r. The Series 3 Notes are being issued as a single series of Notes under the same financing program (the "Series B Note Financing Program ") to finance and refinance the same governmental purposes to a single master legal document (in the form of the Master Issuance Certificate). The S eries B Notes will be sold under the Series B Note Financing Program to g accordance with the Master Issuance Certificate, All Series B Notes will maaturre in 270 days or less. All Series B Notes issued as New Notes will be issued within 18 months after the Issue Date (as determined and defined pursuant to Section 4 hereof). may issue additional Series B Notes as Renewal Notes or New Note under th e � SSeries B Note Financing Program for the purpose of refunding the maturin previously issued. The Series B Note Financin pro g principal of Series B Notes years or 120% of the weighted average expected g economic will not have a term in excess of 30 refinanced through the issuance of such Series B Notes. Accordingly, the Series B Notes wi ll qualify for treatment as a single issue under the Treasury Regulations, and the County will treat the Series B Notes as a single issue. Notwithstanding the foregoing, the County may issue Notes 19. Reliance. The certifications and representations made in this Certificate are intended to be relied upon as certifications described in Section 1.148 -2(b} of the Treasury Regulations_ The date of this Certificate is March 2, 2011. DIRECTOR OF FINANCE, COUNTY OF HAWAII • Nancy orawford t 9 .....■ il • COUNTY OF HAWAII GENERAL OBLIGATION BOND ANTICIPATION NOTES, SERIES A NOTICE OF OFFER February 24, 2011 V ia E -Mail to steve.rodgersna.boh.com, confirmed by first class mail To: Bank of Hawaii P.O. Box 3170 Honolulu, HI 96802 Attention: Steve Rodgers, Fixed Income Manager, Asset Management Group The County of Hawaii (the "County") hereby notifies you of its intention to issue a Note or Notes of the above series, and hereby offers the same to Bank of Hawaii (the "Participating Institution "), upon the terms set forth in 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 ") and as further as set forth below: Principal Amount Date of Issue Maturity Date Acceptance Date $10,000,000 March 2, 2011 September 2, 2011 February 28, 2011 Pursuant to the Master Issuance Certificate, the Note or Notes will bear interest, payable at maturity, at a rate which equal to the Municipal Market Data (MMD) Short Term Rate for tax- exempt obligations of the same or next closest maturity, Buyer, plus a spread of 90 basis points, determined as of the Acceptance pubc t o s he Bond above based on the applicable MMD rate published as of the close f business Date on the immediately preceding Business Day (as defined in the Master Issuance Certificate). The foregoing offer is subject to acceptance by the Participating Institution, in whole but not in part except as provided below, on the Acceptance Date specified above. At the election of the Participating Institution, the County will either issue a single Note in the full Principal Amount specified above, or multiple Notes in denominations of not less than $100,000, as specified by the Participating Institution, and equal in the aggregate to the Principal Amount specified above. Notwithstanding the foregoing, the County reserves the right to offer the Note or Notes to other potential investors and either to issue . and sell the entire Principal Amount to a single investor or to allocate such Principal Amount (in minimum denominations of $100,000) among two or more investors in such manner as it deems appropriate. By its acceptance of the foregoing offer, the Participating Institution shall be deemed to have consented to and agreed to be bound by any such offer and allocation. The County hereby reserves the right, at its sole election, to refund the maturing principal of the Note or Notes offered hereunder through the issuance and sale to the Participating Institution ofa Renewal Note or Notes, and to further refund•such principal through the issuance and sale to the Participating Institution of successive Notes from time to time, subject in each case: (i) to the maturity limitations set Re f f rth n in Section 301(c) of the Master Issuance Certificate; (ii) to the provisions set forth below regarding certain Material Events; and (iii) to the further condition that the term of each New Note and all successive Renewal Notes issued to refund the same as to principal, in the aggregate, shall not exceed two (2) years and that the interest on each Note to be refunded as to principal shall be paid in full as of the maturity date thereof. The offer of the Note(s) hereunder is subject to the Participating Institution's agreement, subject to the foregoing conditions, to be bound by any such election and to accept and pay for the Renewal Note or Notes issued to the Participating Institution pursuant to such election at a purchase price equal to 100% of the principal thereof. If a Material Event (as defined below) has occurs and remains in effect, the Participating Institution shall give written notice of such occurrence to the County and the Participating Institutiion's obligation to accept and pay for the Replacement Note or Notes in question shall be subject to determination, by mutual agreement between the County and the Participating Institution, of an alternative interest rate (i.e., other than the rate .based on the formula specified above) to be applicable during the ensuing term of such Renewal Note or Notes after taking into account the effect of the Material Event under then current market conditions. For purposes of the foregoing, the term "Material Event" shall mean (a) the occurrence of either a reduction or withdrawal of the County's long term credit rating by Standard & Poor's Ratings Group (or placement of the County on credit watch with negative implications) or a material disruption of the short term tax- exempt credit markets, if (b) as a result of such occurrence, the Participating Institution determines, in its reasonable judgment, that the interest rate based on the formula specified above varies materially from the rate that would otherwise be applicable to obligations comparable to the Notes under then current market conditions. If the Participating Institution accepts the foregoing offer and agrees to purchase the Note or Notes, please confirm the same by transmitting a Purchase Confirmation for such Note or Notes to the County via facsimile or e-mail, confirmed in writing via first class mail, in the form attached as Exhibit C to the Master Issuance Certificate. COUNTY OF HAWAII By: 14441/u. W Name: lyttJi re/ atemeto Title: '"Tr.egre, 2 g 9 . / f COUNTY OF HAWAII GENERAL OBLIGATION BOND ANTICIPATION NOTES, SERIES A PURCHASE CONFIRMATION February 28, 2011 Via E -Mail to mokumoto(?a.co.hawaii.hi.us, conformed by first class mail To: County of Hawaii Treasury Division 25 Aupuni St. Suite 1102 Hilo, Hawaii 96720 Attention: Michael Okamoto, Treasurer Bank of Hawaii (the "Participating Institution") hereby acknowledges receipt from the County of Hawaii (the "County") of a Notice of Offer pursuant to which the County has offered to sell to the Participating Institution a Note or Notes of the above series upon the terms set forth in 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 ") and as further as set forth below: Principal Amount Date of Issue Maturity Date $10,000,000 March 2, 2011 September 2, 2011 Pursuant to the Master Issuance Certificate, the Note or Notes will bear interest, payable at maturity, at a rate equal to the Municipal Market Data (MMD) Short Term Rate for tax- exempt obligations of the same or next closest maturity, as published by the Bond Buyer, plus a spread of 90 basis points, determined as of the Acceptance Date specified in the Notice of Offer based on the applicable MMD rate published as of the close of business on the immediately preceding Business Day (as defined in the Master Issuance Certificate). The Participating Institution hereby accepts the foregoing offer and agrees to purchase the above Note in the full Principal Amount specified above. The Participating Institution hereby instructs the County to register the Note as set forth in Schedule I attached hereto. Notwithstanding the foregoing, the County reserves the right to offer the Note or Notes to other potential investors and either to issue and sell the entire Principal Amount to a single investor or to allocate such Principal Amount (in minimum denominations of ��` $110,000) among two or more investors in such manner as it deems appropriate. The Participating Institution hereby expressly consents to and agrees to be bound by any such offer and allocation. The Participating Institution hereby acknowledges that the County has reserved the right, at its sole election, to refund the maturing principal of the above Note or Notes through the issuance and sale to the Participating Institution of a Renewal Note or Notes, and to further refund such principal through the issuance and sale to the Participating Institution of successive Refunding Notes from time to time, subject in each case: (i) to the maturity limitations set forth in Section 30I(c) of the Master Issuance Certificate; (ii) to the provisions set forth below regarding certain Material Events; and (iii) to the further condition that the term of each New Note and all successive Renewal Notes issued to refund the same as to principal, in the aggregate, shall not exceed two (2) years and that the interest on each Note to be refunded as to principal shall be paid in full as of the maturity date thereof. Unless otherwise directed in writing by the Participating Institution, the County will issue each such Renewal Note in the same denomination and in the name of the same registered owner as the previously issued Note to be refunded as to principal by such Renewal Note. Subject to the foregoing conditions, the Participating Institution hereby agrees to be bound by any such election to issue Renewal Notes to the Participating Institution and to accept and pay for the same at a purchase price equal to 100% of the principal amount thereof If a Material Event (as defined below) has occurred and remains in effect, the Participating Institution shall give written notice of such occurrence to the County and the Participating Institution's obligation to accept and pay for the Renewal Note or Notes in question shall be subject to determination, by mutual agreement between the County and the Participating Institution, of an alternative interest rate (i.e., other than the rate based on the formula specified above) to be applicable during the ensuing term of such Renewal Note or Notes after taking into account the effect of the Material Event under then current market conditions. For purposes of the foregoing, the term "Material Event" shall mean (a) the occurrence of either a reduction or withdrawal of the County's long term credit rating by Standard & Poor's Ratings Group (or placement of the County on credit watch with negative implications) or a material disruption of the short term tax - exempt credit markets, if (b) as a result of such occurrence, the Participating Institution determines, in its reasonable judgment, that the interest rate based on the formula specified above varies materially from the rate that would otherwise be applicable to obligations comparable to the Notes under then current market conditions. 2 As provided in the Master Issuance Certificate, the Participating Institution will determine the interest rate on the Note purchased hereunder in accordance with the foregoing and confirm the same on the determination date by transmitting an Interest Rate Confirmation to the County via facsimile or a -mail, confirmed in writing via first class mail, in the form attached as Exhibit D to the Master Issuance Certificate. BANK OF HAWAII By: . Name: e . , h' : emura Title: Sr. xecutive Vice President 3 COUNTY OF HAWAII GENERAL OBLIGATION BOND ANTICIPATION NOTES, SERIES A INTEREST RATE CONFIRMATION February 28, 2011 Via E -Mail to mokumoto()co.hawaii.hi.us, confirmed by first class mail To: County of Hawaii Treasury Division 25 Aupuni St. Suite 1102 Hilo, Hawaii 96720 Attention: Michael Okumoto, Treasurer Bank of Hawaii (the "Participating Institution') has agreed to purchase from the County of Hawaii (the "County") a Note (or Notes) of the above series, for delivery on March 2, 2011, upon the terms set forth in 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 "). Pursuant to the Master Issuance Certificate, the interest rate on the Note(s) has been determined as of the date hereof as follows: Applicable MMD Short Term Rate 0.32% Plus 90 BPS 0.90% Interest Rate 1.22% BANK OF HAWAII By: Of Name:_D. 1 '',gemura Title: Sr. tive Vice President w • 04 U isi GO o v o b ' `n 6 w = I. O 8. .2 c m 0 v c 8 - r o t U C7 0 W a 4.; 0 Q . A s, s o "° 0 0 U w+ = C +"' 2 — C § sue. in C3 — a ` 2 U C 7 e 'S � ar � � � O 8 o 2r E C = Q *, --� - a' p 'a cc v a .4 , °' 0 , c ,, NIX et 0 �i i A -~ zU o m 3 v � m - , >,. c coi 214 = 42 c C c C < = u. CI v �. � w a c o 4 CO •siq ° O C cl 0 at 0 o o o � u w zzg8 U cs ° g > 'a o 33 G ci L O j a E •�' ` • p O 03 -� O H m Q 2 w�a c c A. 0 O y !1� C30H5C w 8 7 c 0 co . 0 O ` c E °ct c o p � n _ ,b4 v c 0 i — ∎T Q t' E "vim i 0 Q O uu "et C CD Q c Hw ?+ >4 � 000 Print Page 1 of 2 From: Dan Cole (cole_hawaii @yahoo.com) To: help@sec.gov; Governor .Abercrombie@hawaii.gov; wkenoi @co.hawaii.hi.us; Date: Tue, June 7, 2011 2:05:42 PM Cc: jarmstrong @hawaiitribune- hearld.com; oip@hawaii.gov; Paul _Dyson@standardandpoors.com; Glenda.Paige@hawaii.gov; Glenda.Paige@hawaii.gov; Subject: S.E.C. Rule 10b -5 Violations - [ref:00D3JxQy.5003CXFRu:ref ] - Violations of HRS 485A- 501 &HRS 485A -103 Aloha S.E.C., Hawaii State Governor Abercrombie, and Hawaii County Mayor Kenoi, I just faxed the S.E.C. and Hawaii State Governor Abercrombie fifty- seven, (57), pages identifying irregularities with the issuance of $10 million dollars of General Obligation Bonds, Bond Anticipation Note Series "B ", CUSIP Number: 41969CAE6. The June 6, 2011 letter was also faxed to the Bank of Hawaii, Chief Risk Officer at 808 - 521 -7602. The documentation I received from the Hawaii County Corporation Counsel Lincoln S.T. Ashida appears to identify that Mayor Kenoi and County Finance Director Crawford sold the Bank of Hawaii a $10 million dollar Series "B" Bond Anticipation Note on March 2, 2011 based on the "Authorizing Ordnance" Ord No.: 11 -40, Reference: C- 154.14 / FC -188, Bill No.: 311 that was signed by Mayor Kenoi with an Effective Date of May 4, 2011, which is over two months after the $10M BAN Series "B" was issued which would make the issuance of the March 2, 2011 BAN Series "B" a violation of Hawaii Revised Statutes HRS 485A -501 General Fraud, and HRS 485A -103 Reference to Federal statutes "Securties Act of 1933" RE: Section 17 (a)(2). On Thursday June 2, 2011 I went to the Hawaii County Finance Dept. and the Mayor's Office to clarify the meaning of the documentation I had been sent by Corp. Counsel Ashida. The Finance Dept. had no ideas or clarifying information, and Kevin Dayton, Mayor's Kenoi Executive Assistant, Phone: (808) 961 -8508 also could not providing clarifying information but suggested I was not asking the proper questions? As per Mayor Kenoi's Executive Assistant Kevin Dayton's recommendation that I ask the proper question I am preparing to submit a Request for Clarification to Hawaii County Finance Director Nancy Crawford to my 5 May 2011 Uniform Information Practices Act, UIPA, request for access to government records, for the "Authorizing Orandance" dated prior to March 2, 2011 upon which the issuance of the March 2, 2011 $10M BAN Series "B" was authoized by the Hawaii County Council; and a copy of the $10M County of Hawaii March 2, 2011 General Obligation Bond Anticipation Note, Series "A" that the Bank of Hawaii agreed to buy; the I.R.S. Form 8038 -G required for the issuance of the March 2, 2001 Series "A" BAN the Bank of Hawaii was Offered and Agreed to buy; the County of Hawaii NOTICE OF OFFER to the Bank of Hawaii for the March 2, 2011 Series "B" County Bond Anticiaption Notes; the Purchase Confirmation the Bank of Hawaii sent to the County for the purchase of the March 2, 2011, $10M of Series "B" Bond Anticiaption Note; the INTEREST RATE CONFIRMATION the Bank of Hawaii sent the County of Hawaii for the March 2, 2011 Series "B" Ban; and the proper books of records and accounts containing complete and correct entries of all transactions relating to the reciept, • http:// us.mg2.mail.yahoo.com/dc/launch ?.rand= ffb83avtatp6b 6/7/2011 Print Page 2 of 2 investment, disbusement, allocation and application of the proceeds of the Series "B" Notes as identified in, and required by, Section (d) Records. of the TAX CERTIFICATE OF COUNTY OF HAWAII Pertaining to COUNTY OF HAWAII GENERAL OBLIGATION BOND ANTICIPATION NOTE SERIES "B ", as signed by the Director of Finance, County of Hawaii Nancy E. Crawford with a date of Certificate of March 2, 2011. If any of the addressee's of this email can clearify the apparent violation of State and Federal statutes surrounding the County of Hawaii's issuance of the March 2, 2011 TEN MILLION DOLLAR Bond Anticipation Note Series "B ", that was sold to the Bank of Hawaii, please contace me with this information. Thank you for your attention in this request. Aloha, Dan A. Cole Telephone: (808) 966 -9229 httn:// us .mg2_mail.vAhnn. kln/lannrh9 rand= ffhRlavtatnFh • Arinn11 Dan A. Cole eeC. &rp e'I9e/ P.O. Box 630 (o /677 //l Keaau, Hawaii 96749 Telephone: (808) 966 -9229 P" Email: Cole Hawaii @yahoo.com TO: The Honorable Neil Abercrombie Governor, State of Hawaii FAX: 808 -586 -0006 TO: Ms. Cheryl Kakazu Park Director, State Office of Information Practices FAX: 808 - 586 -1412 TO: Ms. Florence Nakakuni U.S. Attorney, District of Hawaii FAX: 808 -541 -2958 SUBJECT: APPEAL of Denial of Access to government records.; 18 U.S.C. §4 NOTIFICATION to U.S. Attorney and Hawaii State Governor. Aloha Governor Abercrombie, OIP Director Park, and U.S. Attorney Nakakuni, I am Appealing the Denial of Access to government records by the County of Hawaii, Finance Department as described and identified in the attached 7 June 2011 UIPA Request received by the Hawaii County Finance Director on JUN 7 2011 4:01 PM and by the Hawaii County Corporation Counsel Office on JUN - 7 2011 4:06PM. In so far as it is apparent that the Office of Information Practices has destroyed 18 U.S.C. §4 documentation identifying the OIP Staff to be in violation of United States Code 18 U.S.C. §3. Accessory after the fact to violations of the federal RICO Act as defined by 18 U.S.C. §1961 Definitions (1) "racketeering activity" (A) Extortion; Section 1344 (relating to financial institution fraud); Section 1512 (relating to tampering with a witness, victim, or an informant; Section 1513 (relating to retaliating against a witness, victim, or an informant), I am attaching the June 21, 2011 Letter from Jennifer Z. Brooks and the referenced nineteen, (19), pages of my facsimile to the OIP dated June 16, 2011. Thank you for your attention to this APPEAL. Sincerely, /Zoe. g A. Cole Cc: Lincoln S.T. Ashida, Hawaii County Corporation Counsel. (w /o FAX & Letter) TO: Ms. Nancy E. Crawford 7 June 2011 - Director of Finance - ._ -_ - County of Hawaii DEPASYMS - State of Hawaii i JUN - 7 2011 - _ . 4=016 FROM: Dan A. Cole P.O. Bog 630 sFEaepoeMeiec1111611. _ - _ Keaau, Hawaii 9674 •' Y� -= Tel 966 -9229 iq SUBJECT: Uniform Information Practices Act, UIPA, Clarification of records received as a result of my 511 day 2011 UIPA Request for access to government recxods. Dear Director Crawford, 1. On 5 May 2011, I requested a copy of all Hawaii County NOTICE OF OFFER. and any other documentation raorounding the County's olfering6ssuing of Bond Anticipation Notes, BAN's in any and all Series for the period 1 Jimmy, 2011 to the - present date. (a) I received a copy of a March 2, 2011 COUNTY OF HAWAII GENERAL OBLIGATION BOND ANTICIAP ION NOTE, SERIES B., CUSP Number: 41969CAE6 that was purchased by the Bank of Hawaii for $10 million dollars. I did not receive a copy ot and TORE I request a copy of (1) NOTICE OF OFFER, sent to the Bank of Aswan for the March 2, 2011 BAN Series "B" (2) PURCHASE CONFIRMATION, sent from the Bank of Hawaii to the County of Hawaii for the March 2, 2011 BAN Series "B" (3) INTEREST RATE CONFIRMATION, sew fi+om the Bank of Hawaii to the County of Hawaii far the March 2, 2011 BAN Series `B" (4) A copy of the proper books of record and accounts containkg complete and coact entries of all transactions relating to the receipt, investment, disbursemaxt, allocation and application ofthe proceeds ofthe Series B Notes, as stated in, and required by, the TAX CERTIFICATE OF COUNTY OF HAWAII, Pegg to, COUNTY OF HAWAII GENERAL OBLIGATION BOND ANTICIPATION NOTES SERIES B, as signed by the Director ofFmance, County of Hawaii, Nancy E. Gawfiud, with the date ofthe Cie identiMed as March 2, 2011. FILE • © 0 Pif - 2. On 5 May, 2011 I requested a copy of the Hawaii County Council's authorization upon which any and all Bond Anticipation Notes were offered or issued for the period 1 January, 2011 to the present date. (a) In response 10 this requested item the Corporation Counsel for the County of Hawaii Lincoln S.T. Asbnda sent ate a copy of County of Hawaii, State of Hawaii BILL No. 311 (Draft 3). In so far as BM No: 311 (Draft 3) was signed into Ordnance No.: 11-40 by Mayor Kenoi on May 4, 2001, with an Effective Date: May 4, 2011, this could not have been the "Authorizing Ordnance" upon which the March 2, 2011 TEN MILLION DOLLAR Bond Ammon Nom CUISP Number 41969CAE6 VMS sold to the Bank of Hawaii as "IN WITNESS WHEREOF, THE COUNTY OF HAWAII, STATE OF HAWAII" by Mayor, County ofHawaii William P. Kenoi and Director of Finance, County ty of Hawaii, Nancy E Crawford. THEREFORE I Request a copy of (1) The "Authorizing ' as specified in the ` Issuance Certificate", ARTICLE II, authority for Issuance; section 201_ Author&y for issuance; Purpose oflssue. (a). the issuance of the Notes has been duly authorized, or will be duly authorized at the time of issuance for the March 2, 2011 $10 Million dollar Bond Anticipation Note Series B. (2) TAX CERTIFICATE OF COUNTY OF HAWAII Pegg to COUNTY OF HAWAII, GENERAL OBLIGATION BOND ANTICIPATION NOTES, SERIES A to be issued on March 2, 2011. (3) A copy of the Internal revenue Services (LR.S.) Form 8038 -0 Information return far tan -Exempt government Obligations, for the March 2, 2011 Series A County of Hawaii Bond Anticipation Notes. Thank you for your at»on in this request. S;., ly, / s eef fit. Dan A. Cole Cc: Hawaii County Corporate Counsel Lincoln S.T. Aspic a. Office of Information Practices, (OIP), Director Park. Attached: 5 May 2011 UIPA Request from Dan A. Cole • • • TO: Ms. Nancy E. Crawford 5May2011 Director ofFmance County ofHsawau =+ e €Jr= CL State of Hawaii ; � . ='° FROM: Dan A. Cie C=> Tom: P.D. Boa 630 ACITO=i BY Kean, Hawaii 96749 T 966 -9229 SUBJECT: UUorm Infonnatio n Practices Act, UIPA, Request far access to gc vernorent records. Dear Director Czawfonl, • 1. Irequest a copy ofail Hawaii Cow*yNOflI OF OFFER and any other documented= saaa+ouncfnag the County's ~swing ofBond Anticipation Notes, • BAN's in any and all Series fertile period 1 J. -- 2011 to *aperient date. 2. I request a cry of the Hawaii County Council's authorized= upon which any and al Bond Anticipation Notes wee offered or issued for to period 1 Jaooary, 2011 to - the present date. 1 C you Ix your r a iaa in this request. Sincerely, Dan A. Cole • 1 1 1 C_04- FEB 0 f 2011 i TO: Ms. Nancy E. Crawford 7 February 2011 3= 1C'P 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 Okamoto, 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, /04e-, ■-Z Dan A. Cole Attached: 07/30/10 letter of instruction from Michael Okamoto, County of Hawaii to Amy Honda, Bank of Hawaii, RE: County of Hawaii -New Time Deposit Instructions. (1 page) • • 0359043 BON Buss Banking 1/15 08:41:51 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 8 0048- 002544 in the amount of : $ 44,772,359.27 and apply as follows: Effective ^ interest Sub Account Date Amount Term • Maturity Rate 7itie 1 ) 30-Jut-10 $7,357,590.08 185 days 31- Jan -11 0.1 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 • = 31-Jan-41 0.17% 2010 Series B 4) 30- Jul -10 $1,107,432.43 185 days 31- 1in-11 0.17% 2010 Series B DWS 5) 30-Jul-10 $13,400,000.130 12 days 11-Aug-10 0.11 % BAN Series A 6) 30- Jul -10 $5,800,000.00 12 days 11- Aug -10 - 0.11% BAN Series 6 $44,772,359.27 • Additional. Instructions: Interest payment upon maturity of the Time 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. Mlchael Okamoto • • BOARD OF ETHICS, County of Hawaii 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 __ (Petition No. 2011 =07) 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, Hawai`i 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, Mary rosson Secretary me Iflb &clboe\pet 2011 -0712 -24-11 to cok re petition initial review 3 -9-11 RSmc Hawaii County is an Equal Opportunity Provider and Employer BOARD OF ETHICS, County of Hawaii 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 Tel. No. (808) 961 -8251 January 31, 2011 Mr. Dan A. Cole P.O. Box 630 Kea` au, _ Hawai `i 96749 Re: Petition No. 2011 -01 (regarding Lincoln Ashida, dated 1/18/11) Petition No. 2011 -02 (regarding John Dill, dated 1/18/11) Petition No. 2011 -04 (regarding Lincoln Ashida, dated 1/27/11) - Petition No. 2011 -05 (regarding Jay Kimura, dated 1/27/11) Dear Mr. Cole: The Hawai `i County Board of Ethics ("Board") has received the above four petitions from you, as numbered and dated above. They are being placed on the Board's February 9, 2011, . agenda for initial -review- by-the Board. At this initial review, the Board will determine how it will proceed and whether the petitions are sufficient to schedule for informal hearings. You are welcome to appear at the February 9, 2011, meeting to provide testimony or further information, if necessary. The meeting is scheduled for 10:00 a.m. at the County Council chambers at 25 Aupuni Street, 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.hawaiibi.us. Sincerely, Mary E. rosson Secretary me lllbldLodpos2011A1/0?JD4 1131 -11 n colt ael,owle oii pariorbs Havvai i County is an Equal Opportunity Provider and Employer **"*''- OF ETHICS, County of Hawaii 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 AGENDA Wednesday, February 9, 2011 - 10:00 a.m. County Council Chambers 25 Aupuni Street Hilo, Hawaii 96720 1. CALL TO ORDER 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS 3. APPROVAL OF THE MINUTES OF THE JANUARY 12, 2011, MEETING (REGULAR SESSION) 4. NEW BUSINESS a. Petition No. 2011 -01: Initial review of petition alleging that an officer conspired to deprive Petitioner of his constitutional rights, in violation of Sections 2- 83(a)(3) and 2 -83(b) of the Hawaii County Code of Ethics. b. Petition No. 2011 -02: Initial review of petition alleging that an officer conspired to deprive Petitioner of his constitutional rights, in violation of Sections 2- 83(a)(3) and 2 -83(b) of the Hawaii County Code of Ethics. c. Petition No. 2011 -04: Initial review of petition alleging that an officer conspired to deprive Petitioner of his constitutional rights, in violation of Sections 2- 83(a)(3) and 2 -83(b) of the Hawaii County Code of Ethics. d. Petition No. 2011 -05: Initial review of petition alleging that an officer conspired to deprive Petitioner of his constitutional rights, in violation of Sections 2- 83(a)(3) and 2 -83(b) of the Hawai`i County Code of Ethics. e. Petition No. 2011 -06: Former employee's request for an informal advisory opinion 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. 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. Print Page 1 of 3 From: Dan Cole (cole_hawaii @yahoo.com) To: oip@hawaii.gov; Governor .Abercrombie@hawaii.gov; wkenoi @co.hawaii.hi.us; bford @co.hawaii.us; dikeda @co.hawaii.hi.us; donishi @co.hawaii.hi.us; fblas @co.hawaii.hi.us; glenn .s.hara@courts.state.hi.us; greg .k.nakamura@courts.state.hi.us; jyoshimoto@co.hawaii.hi.us; rephanohano @capitol.hawaii.gov; ronald.ibarra @courts.state.hi.us; susan mollway@hid.uscourts.gov; apilago @co.hawaii.hi.us; bsmart@co.hawaii.hi.us; dyagong @co.hawaii.hi.us; hawaiiag@hawaii.gov; Date: Tue, June 28, 2011 11:27:22 AM Cc: help@sec.gov;' afpeditor@americanfreepress.net; cjensen @westhawaiitoday.com; Diane.K.Taira@hawaii.gov; editor@hawaiinewsdaily.com; jarmstrong @hawaiitribune- herald.com; mmitchell @calea.org; ncook -lauer @westhawaiitoday.com; newswoman@mac.com; Paul _Dyson @standardandpoors.com; aphonolulu@ap.org; hcpdone @co.hawaii.hi.us; eric.simmons @dhs.gov; glennbeck @foxnews.com; LASHIDA @co.hawaii.hi.us; sslagle@nicb.org; newswoman@me.com; wht@aloha.net; Subject: Fw: Please see attached letter to you regarding your petitions being scheduled for 7 -13 -11 - thank you Aloha Ms. Joesting, and other Sworn Officials, Yesterday I faxed the Hawaii State Office of Information Practices, OIP, information RE: OIP Investigations (S INVES -P 10 -1). Please notice that the Hawaii County Corporation Counsel Office is attempting to deprive me of my State and Federal Constitutioinal rights and freedoms to Petition the government in Redress of greivance. Agents of the County of Hawaii are attempting to prevent me from giving testimony at the July 13, 2011 public hearing before the Hawaii County Board of Ethics that would expose organized government corruption and violations of the RICO Act where I would identify the apparent membership of a RICO Enterprise that influances, controls or extorts government officials, employees, and offices. It is also noted that these same Agents of the County of Hawaii also attempted to prevent my appearance in June of 2009 from presenting information and to testify on my Petition against Corporate Counsel Lincoln S.T. Ashida, and others where my Testimony was denied due to a letter of extortion against my person, Dan A. Cole, as sent on Official County of Hawaii Letterhead and bearing the Official signature of County Corporation Counsel Lincoln S.T.Ashids as sent to the Chairman of the Hawaii County Board of Ethice John Dill. It is also noted that there is an Ethics Petition against Lincoln S.T. Ashida on the agenda for the 13 July meeting. The actions to prevent my appearance before June 2009 Board of Ethics meeting resulted in my filing with the OIP a complaint which is identified as the on -going OIP Investigation (S INVES -P 10 -1) that is currently assigned to OIP Staff Attorney Linden H. Joesting In the attached letter from Mary Corsson, Secretary to the Board of Ethics, is instructing me that the July 13, 2011 Ethics Board meeting is to be held in the Liquor Control Department's conference room at the Hilo Lagoon Center, 101 Aupuni Street, Suite 325, Hilo. Also notice that I have requested verification from the Corporate Counsel Office and Ms. Crosson as to the accuracy of the meeting information and have been told that the above mentioned information is correct. The information I have been provided so that I can appear before the Hawaii County Board of Ethics where I will expose organized government corruption, http: / /us.mg2.mail. yahoo. com /dc/launch ?.rand— ffb83avtatp6b 6/28/2011 Print Page 2 of 3 racketeering, and tens of millions of dollars of General Fraud involving County Officials named in the five, (5), Petitions is deliberately erroneous in so far as Suite 325 in not the Liquor Control Department but is in fact the Corporation Counsel Offices, and those offices have been abandoned for a few months due to a major construction project. I contacted the Liquor Control Department to verify that the Hawaii County Board of Ethics would be meeting in their conference room only to be informed that the Hawaii County Fire Commission was booked for that day. It is apparent that the information I will be presenting in a public forum will identify tens of millions of dollars of General Fraud and a racketeering conspiracy of corrupt government officials to include the Hawaii County Mayor Billy Kenoi, County Finance Director Crawford, the County Treasure and the Hawaii County Council acting as an accessory after the fact to violations to the State and Federal RICO Act statutes and in violation of the Hawaii County Charter to conceal the fact that no County Budget for Fiscal year 2011 -2012 can be enacted that is not fraudlent due to the unaccounted $20M from the March 2, 2011 Series A and Series B Bond Anticiaption Notes that were issued under the signatures of Hawaii County Mayor Kenoi and Finance Director Crawford and sold to the Bank of Hawaii. Therefore a Balance Budget cannot exist as required by the County Charter. I request that the OIP include this information in the records of (S INVES -P 10 -1) Aloha, Dan A. Cole - - --- Forwarded Message - -- From: Mary Crosson <mcrosson@co.hawaii.hi.us> To: Dan Cole <cole hawaii @yahoo.com> Sent: Mon, June 20, 2011 8:09:35 AM Subject: RE: Please see attached letter to you regarding your petitions being scheduled for 7 -13 -11 - thank you Hi, Mr. Cole - Yes, the fifth board member has been confirmed: Glen Hisashima. The meeting location for July 13 is the Liquor Control Department's conference room (Hilo Lagoon Centre, 101 Aupuni Street, Suite 325, Hilo). Mary E. Crosson Legal Technician for Brooks L. Bancroft, Julie K. L. Mecklenburg, Diane A. Noda, and Molly A. Lugo and Secretary for the County Board of Ethics Office of the Corporation Counsel County of Hawaii 101 Aupuni Street, Suite 325 Hilo, Hawai'i 96720 Telephone: (808) 961 -8251 Facsimile: (808) 961 -8622 From: Dan Cole [mailto:cole hawaii c©yahoo.com] Sent: Thursday, June 16, 2011 4:30 PM http: / /us.mg2. mail. yahoo. com /dc/launch ?.rand= ffb83avtatp6b 6/28/2011 Print Page 3 of 3 To: Crosson, Mary Subject: Re: Please see attached letter to you regarding your petitions being scheduled for 7 -13 -11 - thank you Aloha Mary, Thank you for your letter, however can you clear up a couple of items. Has the fifth Ethics Board Member been approved by the County Council, and is the July 13, 2011 meeting of the Ethics Board being held in a conferance room within the Corporate Counsel Office, Suite 325? Aloha, Dan Cole From: "Crosson, Mary" <MCROSSON@co.hawaii.hi.us> To: Dan Cole <cole_hawaii @yahoo.com> Sent: Thu, June 16, 2011 1:15:31 PM Subject: Please see attached letter to you regarding your petitions being scheduled for 7 -13 -11 - thank you «06 -16-11 me to Cole re meeting on 7- 13- 11.pdf» Mary E. Crosson Legal Technician for Brooks L. Bancroft, Julie K. L. Mecklenburg, Diane A. Noda, and Molly A. Lugo and Secretary for the County Board of Ethics Office of the Corporation Counsel County of Hawai'i 101 Aupuni Street, Suite 325 Hilo, Hawar i 96720 Telephone: (808) 961 -8251 Facsimile: (808) 961 -8622 http: / /us.mg2. mail. yahoo. com /dc/launch ?.rand= ffb83avtatp6b 6/28/2011 Print Page 1 of 2 From: Mary Crosson (mcrosson @co.hawaii.hi.us) To: cole_hawaii @yahoo.com; Date: Mon, June 20, 2011 8:09:35 AM Cc: Subject: RE: Please see attached letter to you regarding your petitions being scheduled for 7 -13 -11 - thank you Hi, Mr. Cole - Yes, the fifth board member has been confirmed: Glen Hisashima. The meeting location for July 13 is the Liquor Control Department's conference room (Hilo Lagoon Centre, 101 Aupuni Street, Suite 325, Hilo). Mary E. Crosson Legal Technician for Brooks L. Bancroft, Julie K. L. Mecklenburg, Diane A. Noda, and Molly A. Lugo 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 hawaii©yahoo.com] Sent: Thursday, June 16, 2011 4:30 PM To: Crosson, Mary Subject: Re: Please see attached letter to you regarding your petitions being scheduled for 7 -13 -11 - thank you Aloha Mary, Thank you for your letter, however can you clear up a couple of items. Has the fifth Ethics Board Member been approved by the County Council, and is the July 13, 2011 meeting of the Ethics Board being held in a conferance room within the Corporate Counsel Office, Suite 325? Aloha, Dan Cole From: "Crosson, Mary" <MCROSSON@co.hawaii.hi.us> To: Dan Cole <cole_hawaii©yahoo.com> Sent: Thu, June 16, 2011 1:15:31 PM Subject: Please see attached letter to you regarding your petitions being scheduled for 7 -13 -11 - thank you «06 -16 -11 me to Cole re meeting on 7- 13- 11.pdf» Mary E. Crosson http: / /us.mg2. mail. yahoo. com /dc/launch ?.rand= ffb83avtatp6b 6/20/2011 .c. p Co441644 X Dan A. Cole (' d l I 11 P.O. Box 630 Keaau, Hawaii 96749 1`.. 33 forn Telephone: (808) 966 - 9229 Email: Cole Hawaii(ci)vahoo.com TO: Lincoln S.T. Ashida Corporation Counsel County of Hawaii TO: Linden H. Joesting Staff Attorney Office of Information practice State of Hawaii FAX: 808 -586 -1412 RE: OIP Investigations (S INVES -P 10 -1) Aloha Esquires Ashida and Joesting, Please note the attached June 16, 2011 letter from Mary E. Crosson, Secretary to the Hawaii County Board of Ethics, where Ms. Crosson is informing me, Dan A. Cole, that my Petitions Nos. 2011 -01, 2011 -02, 2011 -04, 2011 -05, and 2011 -07 will be placed on the board of Ethics agenda for July 13, 2011, at 10:00 am. The name of the Petitioner and the names of the Officials have previously been presented and received by the Board pursuant to Rule 4.13 Confidentiality of the Rules of Practice and Procedure of the Board of Ethics of the County of Hawaii and therefore under the Boards own rules and in light of the Hawaii Sunshine Law, Part I of Chapter 92, Hawaii Revised Statutes, HRS §92 -1 Declaration of Policy and Intent, it is clearly in the Public's interest and the peoples right to know the names of the Petitioner and County Officials as a viable and reasonable method of protecting the Public's interest. It is understood that the Board's continuing to disguise the names of the Petitioner and County Officials is a knowing and knowingly violation of the Hawaii Sunshine Law HRS §92 -13 Penalties, and United States Code 18 U.S.0 §3 to 18 U.S.0 §1961, et. al. Thank you for your attention in this matter. Sincerely, e.z D an A. Cole Attached: Five, (5), pages or' t t r 1� County BOARD OF ETHICS, Coun of Hawar i 101 Aupuni Street, Suite 325, Hilo, Hawail 96720 TeL No. (808) 961$251 June 16, 2011 (via email only) Mr. Dan A. Cole P.O. Box 630 Kea'au, Hawaii 96749 Re: Petition Nos. 2011 -01, 2011 -02, 2011 -04, 2011 -05, and 2011 -07 Dear Mr. Cole: This is to inform you that the above - numbered petitions are being placed on the Board of Ethics agenda for July 13, 2011, at 10:00 a.m. The meeting location is the Department of Liquor Control's conference room at 101 Aupuni Street, Suite 325, Hilo, Hawaii. Please contact me should you have any questions. Sincerely, Mary E. Secretary • MC MbOcWo' pa 20H - taer.ad6.i .1 1tocdcrrmeamgm7/13. Hawaii County is an Equal Opportunity Provider and Employer �.; _ _ • • NHL A. .E STATE OF HAWAI . OFFICE OF THE UEUTENANT GOVERNOR ►� , PARK REMNANT GOVERNOR OFFICE OF INFORMATION PRACTICES comona NO. 1 CAPITOL DISTRICT BUILDING 250 SOUTH HOTS. STREET, SUITE 107 HONOLULU. HAWAII 96813 Telephone (808) 588 -1400 FAX: (808) 5861412 • E -MAIL www.hew86.Oo 00 May 27, 2011 By email to Cole Hawaii@yahoo.com Mr. Dan Cole max, P.O. Box 630 Kea'au, Hawaii 96749 Re: Status ofOIP Investigation (S INVES -P 10-1) Dear Mr. Cole, You requested in an email on May 20, 2011, to know the status of the above case. It has recently been assigned to me and I am reviewing the file. Please do not send me further information as I will contact you directly when further information is needed. Thank you for your inquiry. Sincerely, 9. 01.4.* a r t Staff Attorney LHJ:dms c: L. Ashida, Hawaii County Corporation Council R Schoen, Deputy Corporation Council 3 . -" .tom. . STAIN OF-1411111M11 - . ASIMIL rOw.J1IL OFFICE OF THE LARYTEi4ANN!T GOVEFINCrt smem-fallififfel" _ - . OM CNUOLOWINCrOWISSIS _ 2aD00t/iN!lO�. E 307 . • t'SEM ` 7ilsiMMR WOW 1104400 nom` 1 OW ISS4412 . age: ilkSkiiMala - 9 _ - a - - P.O. Bar 660_ . Bieg eYi: on S-P 10 i) - of lninntatimiellractices - selatingtm yonrrequee#ihrs .i vest tion the County of Board of - under Suneehine L w pee of , Revised = Please be misdeed - diet 4IP witnotbe iscismnigaiingyour aiiegeiaontbat the Su adbiasLwis asootduetst the (film suaefe Attorney General, ihe __ • - Ilamval Meaty Prosecuting Attorney, and mYeeeebesaaftbeju sazy. We understandyour - argument to betint these a tknee st affiliations cal into doubt the imp aftieese official' s and afBans ieela r issues. Name#Lelees, this allegation does m t state a Mateo a of the Sensdine lam ®orbit 01P could .make a siaoa. . - flies ni Ante advised that (3{Pyrillnetberequesting semblance or oversightim this - f ikon any Amity, to daft maw beapoaantafcoao oae,piaesesbe _ , ammerethat OIPis not apaataftheDepartanant cribs AltIcanagr fi1andih apmates _ Wew�+ooaei�tysQse� documentation ocu eneatati ereri ianaeiat ms.from you.. g g icas coneeniiig the status efyoar rimpiest, play!, do not - - - - heeattuittocontact our office ati96- 14#14. - r . - _ . - / - i _ .+ - • _ - - ' dennif' er ' - . , 10 - _ _ mr3 ixicum irwA�staemD•F tom AL r 4OTi(EFII�1N78B3 t , : . TATE OF HAWAIIaaviNa IO3-09 a-ano MAR16 EttsflAttermor - . 9 .: • PROPOSED RULES OF PRACTICE AND PROCEDURE OF THE BOARD OF ETHICS OF THE COUNTY OF HAWAII ROLE -•1. GENERAL PROVISIONS 1.1 Pur a. These rules are intended to carry out and to provide for the efficient administration of the provisions of Article XIV of the Charter of the County of Hawaii 1980 (hereafter referred to as 'Charter') and Article 15 of Chapter 2 of the Hawaii County Code 1983 (hereafter referred to as "HCC "). 1.2 Authority • a. These rules are promulgated pursuant to the authority granted to the Board of Ethics (hereafter referred to as "Board ") under Article XIV, Section 14 -5, of the Charter and Chapter 91, Hawaii Revised Statutes (hereafter referred to as "HRS`) . 1.3 Effect of Rules 4. a. These rules and regulations shall have the effect of law. 1.4 Definitions a. As used in the following rules: (1) "Board" means the Board of Ethics of the County of Hawaii. (2) "Chairman" means the chairperson or presiding officer of the Board of Ethics. (3) 'Code" means the Code of Ethics of the County of Hawaii as provided in Article 15, Chapter 2, of the HCC, as amended. (4) "County" means the County of Hawaii. (5) "Employee" means any person, except an officer, employed by the County or any agency thereof, but the term shall not include an independent contractor. (6) "Officer' includes the following: (A) Mayor and members of the Council; • • • b. The appointing authority or the Council shall take whatever action that is deemed necessary and report the AC'tiOn. t {r4 t to the woad .fwaLu tuirzi► days atter - receiving the informal advisory opinion, provided where a request is made for a formal opinion by the officer or employee or instituted by the Ord p rsnant tc Buls G, the appointing authority or the Council shall report the action taken, if any, to the Board within thirty days after issuance and of such formal opinion and refusal for disposition as provided in Buie 7. 4.11 Concurring or Dissenting Opinions a. Any Board member who agrees with the Board's opinion, but for different reasons from those stated, may file a concurring opinion which be placed at the end of the majority opinion. b. Any Board member who disagrees with the Board's opinion *Ay file a dinsonting oinioi , which will be placed at the end of the concurring opinion, if any, or, if not, at the end of the majority opinion. . 4.12 kubiication of Advisory Opinions a. The Board shall publish its advisory opinions with such deletions as nay be necessary to prevent disclosure of the identity of .the persons involved where such opinions are rendered pursuant to Rules 4.1 and 4.3(b). 4.13 Confidentiality a. All records, reports, documents, exhibits, and other ,vidence received by the Board shall be held in confidence, and no information as to the contents thereof shall be disclosed unless such items are presented and received by the Board at a heating or meeting that is open to the public. b. All Board meetings and bearings before the Board shall be open to tle public, that a hearing may be held in closed session where necessary to consult with the Board's attorney on matters concerning the Board's powers, duties, privileges bamunities and liabilities, or where the Board makes an affirmative finding upon request by the officer or employee Involved that such hearing concerns personal matters affecting the privacy pf an individual will lie c3vusidered as provided hereinbelow. -