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HomeMy WebLinkAboutCOM 0959.004 2016-2018 Eileen O'Hara ;,,, Phone: (808) 965-2712 Council Member (.?*. Fax: (808) 961-8912 Council District 4 _�'• • Email: eileen.ohara@hawaiicounty.gov Chair: Environmental Vice Chair: Planning Committee and Management Committee +'+r,•o N'�►`_ -� Agriculture, Water& Energy • • - Sustainability Committee County of Hawai`i Hawai`i County Council 25 Aupuni Street, Suite 1402 • Hilo, Hawai'i 96720 (808)961-8255 • Fax (808)961-8912 DATE: August 29, 2018 a (Dr) cpTO: Valerie T. Poindexter, Council Chair and Members of the Hawai`i County Council ry -<-- O ©-< FROM: i ‘ Eileen O'Hara, Council Member a z� Council District 4 N SUBJECT: Bill 160 D2, proposed amendment to Chapter 2, Article 15 ^o Relating to the Code of Ethics Attached please find a communication relating to Bill 160 D2, for distribution to all Council Members prior to the September 5, 2018 Council meeting. The communication includes excerpts from the Board of Ethics meeting minutes of their meeting held on January 9, 2018. The highlighted parts of the discussion provided here, beginning on page 27, relates to Bill 160 that was amended to Draft 2 and forwarded to Council with a favorable recommendation in the Finance Committee meeting on August 21, 2018. EO:bl Att. Comm. No. '!S -1• II Ref. To: PIC. , Ref. Dote SEP 0 5 2018 Hawai`i County is an Equal Opportunity Provider and Employer. Mr. Goodenow: That the petitioner...and he has the right to say you know what you're gonna dismiss this...I want a formal hearing... Ms. Ace: Okay. Mr. Goodenow: That's how the process works.... Ms. Ace: Okay...so then back your point that that should be clearly stated or clearly offered...okay thank you...and you say it was...okay I got it...thank you. Mr. Tucker: The only brief contribution I might make to that was in my research prior to this...to me it was a hearing approaching...was the...looking at the code and finding reference through the procedural rules based on HRS 91-10. Mr. Goodenow: Which applied to the formal hearing. Mr. Tucker: Well...the rules don't say that...it just says HRS 91-10. Mr. Goodenow: But you know I really think this is great that...just the appropriate time is now... Mr. Tucker: Well... Mr. Goodenow: Thank you. Mr. Tucker: That's why watching the newspaper...I felt that this was the time... Ms. Kahakalau: Yes. Mr. Tucker: Now if I may...appreciating your time today...there would be one further point I might like to engage in... Ms. Kahakalau: Sir. Mr. Tucker: Considering the opportunity to amend procedural rules and clarify them and improve them to the purposes...I am curious about how to effect one additional change in the code itself...and if that can be done with the support of the commission...or the commission remove itself from code issues and it has to be proceeded to with council...my suggestion would be and I would be looking for this in the future...I would...there's nothing anywhere in the Ethics Code that requires County employees to be factual or truthful to anybody at any time...and that was just a jaw dropping omission 27 8Z wig sa2urgo irxnpaooxd palrxaltam noA mou luatualrls lsrl mnoA lir lung I pur sa5urgo ap u lnogr ax,am sn xoJ Irgl aTrxaitam of lurm Isnf• Irgl alrtoaxddr icfrax am•••gonux A.PA.noA qZ :nrinirgr}I •sj •••irnlorj aq of paau otlgnd agl io imp go-ea gum 5ur;rorunuruxoo lir sjrrogJo Aluno) aql•••a2rn2uri alrudomddr gltm••••s1crs Tap apoo alp lit maquznu mau r poddns Xiingadoq pur sirmnpaoomd mnoc puatur of paaoomd noA sr suaddrg Irgm-plum pur itouno) Xux glrm 31mom'••sauriapts alp it purls 04 o?Iti p j•••aulg mnoi( _nu nog{Auggl 03 lurm I•••auu alsg of amotu anrg noA ssalun pur u2Is anilrsod r sr wig avi I pur spgag.znoi 2uippou am,noA Inq aur glrm aamfr 10 luatutuoo 03 no1C upisr lou tu�I pug.••it lit ssauinjglnxl jo °sop w•-apniout of spaau apo) sotglg aql•••asodmnd oggnd r tuomg Tipp lsn[I...ma4tq lou um.••os•••p3pru r inogg 2uDIigi 2unlis amag aa,am pug Aug g pug mga1c g aur ua)jgl sgq lorJ r•••st)Ioag all lrgm J.o dumg aidtuts r mann lag 04 211!X.14 lsn I pug•'•lutrjduroo alp pig 04 anrg no1c os•••noxi of puodsax liana 04 sasnJax aogjo s)Imom oggnd mnoA uagl pug•••41 ssnosip 04 wig psi•••lutriduroa sorgla 1113 3i3 I amojaq pur lutgiduuoo g pnrq utkrs s)IxoM oggnd Jo xoloaJIQ am 04 mallai r alum 04 aux POT lrgm s‘lrgl pur•••Xpadomd mnoii uo slq2u mnoA patuap Butaq am,noA•••lspca of amagmAcur apoo agl -ons ou s‘axagl pur samo1 oma Jo tunuutunu r samagl ssaiun Aimadomd.mora uo mg op louuro noxi SArs Xpogauros pyre 2utlum lit 2urirotuntuuroo ax,am uagm mg-••-rig -gig griq...p UROW Allram Luplp I...pirs I lr4M purlsmapun Lupip noX gam. •Xpogauros uo malgl•••malunoo agl it Aiirgman jjnis plot ax,noA uagm maul 12ullum lit pug maul I mouN noxi•••3lorig sirs asp Apogatuos pur pax sAArs apoo °ql•••sins asp Apogauios pur sigi sArs apoo aql•••suazrlio moJ Aitunlmoddo alp moini noA -•luatuoux r xoJ It Inogr )iutgl noxi 3t lnq•••pur•••lxoddns Jo xailal alpm uro'--noA liana••*noA Jo Irxanas IJU Jo poddns iir aNti pinom I pug stgi inogr Itouno) gltm 2uDttrl ag'pm I asngoaq luatupuauxr pouno) ruga m°glla auxoo Aagl sr sluatupuatug asap.••sigl 04111 pmgmmoJ/clomp Iggl anour dial ugo lig nor(irgi°dog of uogualur Aux s11 mou•••uorssnuo 2uuri2 r aq Isnf ol•••uaztlto r of Igln-rl aq of IUi0gJ0 Aluno)r••••samrnbam Irgl apo) spill-lir 2UUpAur Jo Mori all pug Isnf i•••Inoos arra m°UUOJ r sr puw••JIas41 sorgla inogr .iiuDilrl am,noA uagm Inq plroq solglaJo Iuiod aaAoiduxapaAoiduxa lir wag °sups pur pool gam sa)3111 lggl 1113•••°pts alp uo ssaursnq°pis aliiti r lot asogm pug atrdurro asogm of sainguluoo oqm manoo of lugm Xagl mou•••apo3 s°rglg lir wag • we can make and we will work on the ones that we have expressed today in regards to the code as you also stated it is a responsibility of the Council but I think it would certainly again I appreciate your suggestion here...behoove us to be...at least informed as this is happening and not just you know by chance we saw it in the newspaper or something but that there could be some kind of a communication from you know Counsel and Emily to us saying the board is working on the code or you know something something and if there are issues that came up at the Council meeting that refer to the codes specifically that we can be kept in the loop and if there is that opportunity to weigh in on adding you know something to the code and I don't think anybody would disagree with you that County Council...any government employees or any person period should be factual and honest and truthful you know I mean that's the whole point of why we are here...that and if such a thing will be coming up in the code that you know if there's a way for us to support it etc....I think I don't see any reason why we would not want to do that so basically my suggestion to both our Counsel and Emily would be to if that's alright to just kind of keep us in the loop as Counsel is working on the code and as I said I don't see any reason why we-would not be supportive of your suggestion. Mr.Tucker: It seems obvious... Ms. Kahakalau: Yeah. Mr. Tucker: Well I want to thank you each individually and for your time...I reserve the right to see how things proceed...and possibly will be in a formal hearing someday...hopefully not. Ms. Kahakalau: Yes. Mr. Goodenow: Thank you. Ms. Kahakalau: Thank you very much. Mr. Tucker: Dismissed? Ms. Kahakalau: Yes...thanks. Mr. Yoshimoto: So we have the respondent here...I don't know if the board wanted to ask the respondent if he had anything to say if not just to make ' sure they have their right too. 29 Ms. Kahakalau: I'm sorry. Mr. Yoshimoto: Mr. Erickson is here. Mr. Goodenow: Procedurally. Mr. Yoshimoto: Right so just to make sure for the record that if the board wants to ask him any question or he wants to provide input...we should allow him that if not...I think we're okay so... Ms. Kahakalau: Is there anybody here that would like to make a statement in any way? Alright sir please come up and state your name...excuse me.... Mr. Tucker: I thought we were done. Mr. Erickson: Aloha Kakou...I' m Neil Erickson from the Public Works building division and the only thing that really came up from this is I've interviewed a lot of people to be part of our staff and the first thing we say is you know any statements of...that we find un-factual or un-truthful will result in termination of the County employment and so I don't know if that's part of our code or just rules and procedures but yeah I think it's really important and I'm really proud that most of...I would say all the people I'd like to believe have never represented or miss-directed somebody from the truth...so despite the...maybe some of the experiences that Rob's had at the counter or others that you've talked to...I'd like to believe that we're not trying to deceive people...we're just trying to get the truth out of them so that we can help them the best we can... Mr. Tucker: Well I'll tell you I've walked in.... Ms. Kahakalau: Can you please turn on your microphone. Mr. Tucker: I mean I've walked into Planning Department and in my hands I had a letter signed by Chris Yuen saying we received your application on April 10 and I handed it to them and they look at me and go that's not the date that we received your application...I ended up having to get a lawyer...you know I mean it's you know...it's just weird. Ms. Kahakalau: I think you know probably first thing that all of us have had unsatisfactory experiences over the years with one thing or another 30 and I do appreciate it and it do appreciate you also sir...you know for making every effort possible to assure that your department you know...acts in an ethical and in a truthful responsible manner and you know basically at this point we can only move forward and so we hope that you know when any kind of complaint is submitted to your division...that there is a response you know even if the response isn't necessarily satisfactory at that point at least there is a response because sitting on the other side you know just not knowing what's happening to any kind of communication that we send to government is a very...you know...is a very poor kind of a... Mr. Erickson: I understand completely...I mean I don't know about you but...we receive hundreds of emails and I try to respond to as many as I possibly can. Ms. Kahakalau: Very good...alright thank you we appreciate that and we will move on to the next agenda item...thank you very much....you okay? Ms. Bintliff: Oh yeah...but can I say something off the record... Ms. Kahakalau: Off the record...we'll be going into executive session if there's something you want to discuss there or is it just off the record stuff...go ahead...we're moving now into executive session. Mr. Yoshimoto: You need a motion. Ms. Kahakalau: And we need a motion to do that. Mr. Robinson: Motion to go into executive session for the usual purposes. Ms. Kahakalau: So we can consult with our board attorney on questions and issues pertaining to the board powers, duties, privileges, immunities and liabilities and also to approve some...review some confidential • financial disclosures. • Mr. Goodenow: I'll second that. Mr. Yoshimoto: And we need a vote. Ms. Kahakalau: Yes...so we have a lst and 2nd...any discussion...all in favor say aye... Motion and Vote: Mr. Robinson moved to go into executive session. Mr. Goodenow seconded the motion. All members voted aye. 31