Loading...
HomeMy WebLinkAbout2019-08-14 Regular Session MinutesHAWAII COUNTY BOARD OF ETHICS MINUTES — REGULAR SESSION Wednesday, August 14, 2019 10:00 a.m. to 11:21 a.m. Hawai`i County Building 25 Aupuni Street County Council Chambers Hilo, Hawai`i 96720 Members and Staff Present: Rick Robinson, Chair David Wiseman, Vice Chair Nan Sumner -Mack, Member Lawrence L. Heintz, Member J Yoshimoto, Deputy Corporation Counsel Maria Pagala, Secretary 1. CALL TO ORDER (10:00 a.m.) Mr. Robinson called the meeting to order. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (10:01 a.m.) There were no statements from the public on agenda items. 3. APPROVAL OF THE REGULAR SESSION MINUTES OF JUNE 10, 2019 AND JULY 15, 2019. (10:01 a.m.) Mr. Robinson: Did everyone have a chance to review those minutes? Chair would entertain a motion to approve the minutes. Mr. Wiseman: I make a motion to approve the minutes of July 15, 2019. Mr. Robinson: Okay, there's been a motion. Is there a second? Ms. Sumner -Mack: I'll second that. Mr. Robinson: Okay so moved and seconded that we approve the minutes of the meeting of July 15. Any further discussion? If not, all those in favor say aye. Contrary, okay. Is there a motion to approve the minutes of the June 10th meeting? Ms. Sumner -Mack: I so move. Mr. Wiseman: Second. 1 Mr. Robinson: Mr. Heintz: Mr. Robinson: Okay, it's been moved and seconded that we approve the minutes of the June 10`h meeting. Is there any discussion? If not all those in favor say aye. Contrary minded. Abstained. Okay. One abstention. So I'll have to vote. I'll vote in favor. Motion and Vote: Mr. Wiseman moved to approve the July 15, 2019 minutes. Ms. Sumner -Mack seconded the motion. All members voted aye. Motion and Vote: Ms. Sumner -Mack moved to approve the June 10, 2019 minutes. Mr. Wiseman seconded the motion. Mr. Heintz abstained. Ms. Sumner -Mack, Mr. Wiseman and Mr. Robinson voted aye. 4. NEW BUSINESS (10:01 a.m.) a. Review of Gift Disclosure Statements received from the following County officers or employees. 1. Karen S. Eoff 2. Maile David 3. Harry Kim 4. Wil Okabe Mr. Robinson: Okay new business. Ms. Sumner -Mack: Is this the first time we've done this? Mr. Robinson: No, we've done these before. Ms. Sumner -Mack: I guess I have not. Mr. Robinson: Mr. Yoshimoto: Mr. Wiseman: Mr. Robinson: Mr. Yoshimoto: Wil Okabe is our Deputy Managing Director correct? Correct. They don't give any background information on these? Like what they were done for? J, is there background information on these or are they just accepted? They're usually just reviewed and accepted by the Board, unless the Board sees an issue which the Board is able to ask further questions. Just like the financial disclosures. 2 Mr. Heintz: Mr. Yoshimoto: Mr. Wiseman: Mr. Heintz: Mr. Yoshimoto: Mr. Heintz: Mr. Wiseman: Mr. Robinson: Mr. Wiseman: Mr. Heintz: Mr. Wiseman: Ms. Sumner -Mack: Mr. Robinson: Ms. Sumner -Mack: I have a question about the Wil Okabe, Westin Hapuna Beach accommodations. Was there some activity or function that was there? Do we know what this is about? I'm not familiar with that. No. I had the same concern. I don't understand why a County officer would be receiving accommodations if there's...I mean if there's a function or a conference or something. It's just...it's out of the blue. Question about Harry Kim's roughly $1,500 worth of art. Is this...and the services of someone to hang the art...is this in his home or is this at a County building or is this a personal gift...the $1,500? I can't speak to that but we can request further clarification. I'm just uneasy. I don't know what the deal is on these. My approval for the Mayor's gifts was based on the fact that they imply... stay with the County. Not personal gifts. So if the art was hung in the office, it's not his personally. It stays with the County. Stays with County. That needs to be clarified. His term of office ends at some point. I just don't understand. And then also the guidelines...I mean incidental gifts I take it there's a reason for this $100...in excess of a $100 that they need to report. Something needs to be said about these. In with respect to Mr. Okabe, I'd like my approval subject to finding out there was an event for it. I think we had to pass these guys first. Yeah, I just signed to get them moving. I just assumed because it was department head it was...involved with all of this... I assumed it was legitimate. Mr. Heintz: I don't mean to be a puncture weed but I have a problem with it. 3 Mr. Wiseman: Mr. Robinson: Mr. Yoshimoto: Mr. Wiseman: Mr. Robinson: Mr. Heintz: Mr. Robinson: Mr. Yoshimoto: Mr. Robinson: Mr. Wiseman: Mr. Robinson: Mr. Wiseman: Mr. Robinson: Mr. Yoshimoto: Mr. Robinson: I give them a benefit of the doubt because the important thing is that these gifts over a certain amount are reported so. Then they have been reported. So the question J, how do you want to do this? Do you want to just send it back to them with a note or do you want something formal from us? We can just send it back with a note similar to how we handle the financial disclosures. Just give us a general idea what this would fall on, that's all. So for Mr. Okabe, clarify what this stay at Hapuna Prince was for. Was it a personal item or was he attending a conference or some event? And then for 2. Harry Kim, the art that he got, it's art that he got personally or is it art that was given to the County? And if it was given to the County, is hung in the County office and will it remain past his service as Mayor. Is that correct Larry? Yeah. Yeah. Okay, we can do that. Okay. And the other two Karen Eoff and Maile David, those are okay? Yeah, for me. So we will return Harry Kim and Wil Okabe for further clarification on those two items. And we will accept Karen Eoff s disclosure and Maile David's disclosure. And you'll make a note on Harry Kim that says...art that will remain with the County or is it something personal for him? And it's hung in his office here and it will remain...if it's something given to the County will remain. Do they stay with the County after his term? After his term. Okay? Okay. Alright. Next on agenda. 4 b. Petition 2019-03: Request for an informal advisory opinion from a County officer or employee to determine whether the County of Hawai'i may accept a donation for the purpose of offsetting travel cost to attend a workshop under Section 2-91.4 of the Hawaii County Code. Mr. Robinson: Mr. Saito: Mr. Robinson: And then we have the petition and it's from Riley Saito. Are you Riley Saito? You want to please... Mr. Saito, maybe you could fill us in a little bit about the request. I work as an energy specialist with Research and Development and we've been working on meeting the greenhouse emissions reduction target of 2045 to have zero greenhouse gas emissions from the County. Actually statewide. And as part of a carve out on that is by 2035, the counties have a joint proclamation to have zero emissions from fleet vehicles by 2035. And so this work shop was a bringing together various stakeholders from the State Energy office, the Climate Change Commission, myself, Ulupono, DAGS — Department of Accounting and General Services and Department of Transportation, highways. Their deputy director went...along with two investors, Sustainability Partners and Pacific Currents...which is a for profit subsidiary of HEI. And the problem we're trying to resolve is how to accelerate the procurement and implementation of the clean fleet for the County agencies and state agencies. And so we had a bill that passed, this past session. It's Act 144 which allows third party financing to finance vehicles, vehicle fleets, fueling and charging infrastructure. And it's a transportation services performance contract which would result in savings not only acquiring the fleet vehicles but the fueling and charging infrastructure. And since it is a new methodology of engaging third party partnerships that was vetted along with existing state procurement statutes that are in place. Could I stop you for just a moment before you continue. I forgot to ask you. Since it's not checked on block 5. Did you want an open hearing or closed hearing? And we're proceeding as if it's an open hearing so we're just conducting it this way. You're fine with it? Mr. Saito: I don't know what the difference is. Mr. Robinson: We'll just consider it an open hearing and continue. Mr. Saito: Okay. Mr. Robinson: Go ahead. 5 Mr. Saito: Mr. Wiseman: The workshop was actually last week and so I attended. The Ulupono itself has been an environmental stakeholder within the State with clean energy initiatives. Their goal is to have...you know...they've been pushing in legislation...they've been pushing in PUC dockets...and they supported all the government agencies. So the State Energy Office, climate change, transportation...Department of Transportation, highways and DAGS...they funded the conference fee of $1,700, which included the hotel, ground transportation and meals. Along with $1,500 to cover travel costs. Mr. Saito. First of all, welcome to our meeting. And as I understand it...just to summarize for my own understanding. Ulupono, what does it stand for? Does it have a meaning? Do you know? Mr. Saito: Not that I...I don't know the Hawaiian interpretation. Mr. Wiseman: In any event, this was an endeavor to combat the climate change in protecting the island the farthest State. Mr. Saito: Mr. Wiseman: Mr. Saito: Mr. Wiseman: Accelerate... yeah.. . And the reason you're here is cause they made a gift to you...to encourage more support for the conference. To yeah, allow the government agencies to have access to participate in the conference. Right. I can have a good input and outcome. Okay. And again, the reason you're here is...so they made that gift for lodging and other incidentals. And you actually accepted that gift and returned your per diem and stuff to the government, is that right? Mr. Saito: I'm not familiar with how that works, but... Mr. Wiseman: Didn't you deposit the check? Mr. Saito: No. Mr. Wiseman: I thought I saw something. Mr. Saito: I still have it. Mr. Wiseman: Okay. 6 Mr. Saito: As far as the process. You know it did go for an out of state travel approval with budget and finance. Mr. Wiseman: Mr. Saito: Ms. Sumner -Mack: Mr. Saito: Ms. Sumner -Mack: Mr. Saito: Mr. Robinson: Mr. Saito: Ms. Sumner -Mack: Mr. Saito: Yeah. And so we did not deposit the check because there is budget for my travel that would be covered...by the County...if we're advised not to accept the funding. Is it fair to ask what the purpose is of this organization...or Ulupono means breadfruit...something...good breadfruit. Right and good breadfruit right...that's a literal. But is there some sort of stake that they're...or goal or their... Well this is my... When people ask me...what about...Ulupono Initiatives...is the full name. And they are...cause I did look at this. They are registered as a for profit entity in the state because they have invested in like a dairy farm on Kauai...which eventually failed...they've...they also are funding some type of initiative with Parker Ranch to elevate the production of grass fed beef. Their ultimate funder... source of fund is through Pierre Omidyar, which is one of the Silicon Valley millionaire or... He's the founder of EBay. Right. So he's. His vision is to use and fund projects and initiatives that would result in reduction in greenhouse gas toward renewable energy. So they've been...they have a department in Honolulu...an office that must be staffing...I don't know how many in their staff but. Quite a bit of people that he is funding and working on...they're in all the PUC dockets. They're in all of the legislative bills toward renewable energy. They're one of the key partners which filed that Act 144...resulted in Act 144. They introduced the bill. Was there any quid pro quo that you were supposed to do in receiving this? For example...were you supposed to report about the meeting to the grantor or anything of that kind? Well they were participating in the workshop. So me personally...no...it came from actually Rocky Mountain Institute. I have the actual outcome or the follow meetings...meeting notes and so that report came from Rocky Mountain Institute itself. Via the facilitator. 7 Mr. Wiseman: Mr. Saito: Mr. Wiseman: Mr. Saito: The ultimate benefit...result is to benefit the environment or the state... And assist the County in transforming it's fleet to zero emissions. To cap the carbon emissions. Which are the highest... And to use the new statute at 144 along with current state procurement statutes that are out there which... What we want it to do is find a way to expedite and reduce the administrative work by streamlining coming to an agreement on what and how things should be acquired... along with the fueling and charging infrastructure. So when people say electric vehicle, you also need a charging station. But the charging station also needs... With true greenhouse gas zero emissions would need to be charged or energized via renewable energy source. So like all government agencies, we don't have a lot of capital lying around so...we want to find a way in what would be needed to actually engage third party financing and take advantage of that. Mr. Wiseman: And I assume there were none or only a few, if any, climate change tonight is there? Correct. Good. Mr. Saito: Mr. Wiseman: Mr. Saito: Mr. Heintz: Mr. Saito: Yeah. And it wasn't just our...it wasn't just the State of Hawai`i...there were six other municipalities that were also discussing and reviewing...solving their problems toward mobility...clean mobility. And I use the word mobility cause it...it's not only vehicles but it's electric scooters, electric bikes, shared use of those assets. And also keeping in mind social equity because many of these vehicles and technology aren't accessible to low and middle income families so we're also taking a look at that. So this was like a public education conference. Were they promoting particular products or technologies of their own...that they were advocating that...no...but what it was...was an educational project that's open to people who are trying to... You had to apply to participate in this workshop? It's called a mobility innovation lab workshop. And so it's to get different people from different walks of life, from different cities, from different situations and each one had their major topic. Ours was a 8 Mr. Robinson: Mr. Saito: Mr. Robinson: Mr. Saito: matter of procurement and how to utilize the existing laws...the new law...in order to streamline having like transform 3,000 vehicles with collaborative rolled up RFP from all the counties and the state. That's an example. We threw that out, like the goal would be within three years. We transform 3,000 vehicles. But through, it's through a collaborative purchase which doesn't...it's not really allowed...currently because you can run an RFP but you can't piggy back on an RFP. And so that's the type of things we're looking at...is how to collaborate together so the four counties would have one RFP. And it would be within the statute and so we could scale it. So if the County of Hawai`i...we did a hundred and Maui did a hundred, Kauai did a hundred and Oahu did you know 500...and the state did a thousand...then that would get interest on the manufacturers and also provide better pricing. And so the donor is actually Ulupono foundation or Ulupono Initiative. The actual letter is via Hawai`i Community Foundation through Ulupono fund. So the Ulupono establishes a fund. I know does really establish several, yeah several funds in Hawai`i Community Foundation. Did they contact you before the conference and say you should attend this? Or did you already plan to attend this with County funds and then this... We actually started the process of application in June and we were awarded the right to have a workshop...you have to apply for it and they look at the quality of what you're trying to do and the people that are going to attend. And so based on that acceptance of the application, the intent was... Then I talked to the director and deputy director about funding my travel. And the intent was to fund my travel. Then Ulupono came up and said you know we're gonna fund all government agency participants. So that was six of...well actually fix government agency. Mr. Robinson: So four counties? Mr. Saito: No. I represented all the counties. Mr. Robinson: You represented all the counties. So who were the other five? Mr. Saito: The Climate Change Commission Chair I guess, Anu Hiddle. Department of Transportation, highways, I think he's the Deputy Director, Robin Shishido. 9 Mr. Robinson: Yeah. Mr. Saito: And then Dean Shinomura, from DAGS. And myself. Mr. Robinson: Oh so you represent all the counties? Mr. Saito: Yeah. Mr. Robinson: So they funded the five entities to go to this conference? Mr. Saito: Yeah. Mr. Robinson: But you had already planned to go to the conference? Mr. Saito: Correct. Mr. Robinson: Right. Just a after the fact. So you did plan to go. Mr. Saito: My boss Ron kept saying...you better find your funding...you better... Mr. Robinson: So then you wrote to Hawaii Community Foundation and asked them to fund through the Ulupono. Mr. Saito: No actually Ulupono did that. I did no paperwork regarding...like applying for it yeah. I was part of the initial team who actually wrote the application. Mr. Robinson: Okay. Mr. Saito: For this workshop. Mr. Robinson: Okay. And does Ulupono have any contracts with the County? The County of Hawai`i. Mr. Saito: Mr. Robinson: Mr. Saito: We have... Other contracts. We don't have a contract with Ulupono. We have a contract with Shared Use Mobility Center to study the shared use transformation on this island. Mobilewise...that's the bike share and scooter share and vanpools...that type of thing. First and last mile to mass transit centers. So shared use mobility is developing a road map that the County would...could follow to implement a higher level 10 Mr. Robinson: Mr. Saito: Mr. Robinson: Mr. Saito: Mr. Robinson: Mr. Saito: Mr. Robinson: Mr. Saito: Mr. Robinson: Mr. Saito: Mr. Robinson: Mr. Saito: Mr. Robinson: of shared use of assets. So for that study...I think the County is paying $25,000 and Ulupono is paying $25,000 to shared use mobility. I'm pretty sure that's the number. I wasn't part of the original contract. That was before I started with the County. So was that money to buy the biki bikes that are out there? Bini bikes...whatever they're called. The 25 and 25. Right. That's part of something totally different. But that's the only...the contract you're aware of... The contract we have is with the consultant shared use mobility...that developed that road map. Okay. And that's the only...the one you're aware of that Ulupono is funding? Right. Correct. So is the value here...is it 1,500 or 1,700 or is it 3,200? How much is the check that they gave you. The check is for $1,500. The $1,700, they paid directly to Rocky Mountain Institute. Oh so they got... and that was for you. They paid $1,700 for your... For my registration. So really it's $3,200 cause they paid for your registration. I think so...the value...yes. Because that registration covered the hotel room and transportation...the hotel room, food, and transportation... ground transportation. So when you spell that out in here...when you talk about the $1,700 plus the $1,500. So $1,500 is donation directed to the County. $1,700 is in essence a donation but it was paid to Rocky Mountain. Mr. Saito: Correct. Mr. Robinson: Okay. 11 Ms. Sumner -Mack: Is this the kind of grant that might come along...in the future...that we might be asked the same question about? Approving? I mean I hesitate...in a way to approve something that we...that's...foot in the door. It sounds good...sounds like a worthy cause in every way but...to me anyway...but is this something that is apt to happen in the future? Can we expect you know every few months another such grant? Mr. Saito: Mr. Robinson: Mr. Saito: I have no idea. I would hope people would support the County's efforts through money. That would be awesome but I don't see it as a regular thing. It's not like we're having like quarterly follow- ups, workshops under this program. No. We don't have that. We are...we did get a grant from the Hawaii energy policy forum that I applied for to pay for airfare to hold a peer exchange on September 24th which would include mainly air and lunch at a workshop on Oahu. Which is a follow through to this...to actually work with fleet managers, budget and finance, and the State Procurement Office to actually come up with documents of...that would reflect the RFP, the qualifications, scope of the vendors, the scope of the RFP. To actually get those documents in place with templates. And so that by the end of October, November we can actually start the process of transforming our fleet. So you would say that the County is a beneficiary of this...project? Oh definitely. Because what it does in... I was explaining this to Diane that...what it does is...if I were to stand alone try and attempt this RFP qualifications scope performance service contract template...it would take me months to do that. Versus what we're doing is getting all the various government agencies involved together to cover all the bases, everyone's concerns, everyone's requirements and come out with the qualifications of the bidders, the scope of what they're bidding, the RFP process...what that would look, smell, feel like...require and also a template for the actual services contract. So we're bringing all those people together to hammer that out instead of me doing it individually and taking a lot longer. So I could go to budget and finance and say...look your procurement guy participated in developing this document and so then I could issue you it to public works, parks and rec, and more than likely, they'd have their own RFP. But we could time it to roll it up where it could be a County RFP across all different departments. And actually on a larger scale...take that with all the counties and roll it up to a statewide procurement RFP. And that's pretty much what I would think the financiers would like is they always like more scale...higher scale on an investment. 12 Mr. Robinson: Hawaii Community Foundation has a substantial number of...a different bucket so to speak of contributions that they have that are holding for specific uses. And they always...I think the biggest problem is getting enough people to get that money away to. Mr. Saito: Oh. Mr. Robinson: Mr. Saito: Mr. Robinson: Mr. Saito: It's always something to think about asking them for more. You know I'm curious 2045, zero greenhouse emissions. I know we have three OFR power plants on this island. And I know on some of the other islands they have hydro but we have some hydro here not much. Solar is a big thing. People know green energy is doing wood chips and burning wood chips. So I'm curious...does and there's all the movement toward hydrogen and the work you're doing with hydrogen and then creating out of solar to hydrogen run cars. I'm curious...do you consider greenhouse gas emission plants to be oil fired plants as well as wood chip fired plants? It does...wood chip does... Make greenhouse gas. Yes it does and the offset supposedly...I shouldn't say that. The offset in the calculation is that they're cutting down old trees and planting new trees. And new trees produce more oxygen than old trees. And they're including that to offset the greenhouse gas emission. Mr. Robinson: Okay. So it's not an extractive resource, it's a recreated resource. Mr. Saito: Right. Mr. Robinson: Alright. Okay. Mr. Saito: And really the clean field...the hydrogen work is pretty much something that I'm involving...involved in and leading. Mr. Robinson: We have three of the people that could be considered tech folks to invest. We have...what's his name at Puanahulu? Doing the... Mr. Saito: Hank Rogers. Mr. Robinson: Yeah Hank Rogers doing the... Mr. Saito: Blue Planet Research. 13 Mr. Robinson: Mr. Saito: Mr. Robinson: Mr. Yoshimoto: Mr. Wiseman: The Blue Planet. Then we have Google with their flying thing with Parker Ranch. Right. And then we have Ulupono and everything that they're doing to try to recreate alternative energy. So it's a good movement. Any further discussion? So Board members...what we're looking at...or considering is Hawai`i County Code Section 2-91.4. That language...I just want to make sure that the Board members and satisfied that the questions related to whether this gift is...let me read the whole section. No officer or employee shall solicit, accept or receive, directly or indirectly, any gift, whether in the form of money, service, loan, travel, entertainment, hospitality, thing, or promise or in any other form, under circumstances in which it can reasonably be inferred that the gift is intended to influence the officer or employee in the performance of the officer's or employee's official duties or is intended as a reward for any official action on the officer's or employee's part. That's, I believe the applicable code provision, I think there's a similar provision in the Charter. I think it's 14-2. But you know we are talking about a grant here. They're paying out cash. It's a grant to the organization. I don't think those statutes applicable. Mr. Yoshimoto: The grant does not...as far as a gift to the... Mr. Wiseman: It's a form of grant. The County can get federal grant...they can get other... Ms. Sumner -Mack: The check is made out to the County. So it's you know...presumably if we didn't approve...then the County would have to come up with money to pay that. So I'm ready to make a motion that we okay this. I think they've done a good job of explaining the purpose and the advantage to the public and so on and... Mr. Heintz: I see no conflict and no problem. I would second your motion. Mr. Robinson: That's a second okay. Okay, it's been moved and seconded that we approve the acceptance of the $1,500 check from Ulupono Initiative in this petition. Any further discussion? If not, all those in favor say aye. Contrary minded okay. 14 Mr. Yoshimoto: To be clear, the $1,700 is not being addressed. It's just the $1,500 check that was... Mr. Saito: Mr. Heintz: Mr. Wiseman: Mr. Robinson: Mr. Heintz: Mr. Robinson: Mr. Heintz: Mr. Wiseman: Ms. Sumner -Mack: Mr. Saito: Mr. Wiseman: Mr. Saito: Mr. Robinson: Mr. Saito: Mr. Wiseman: Mr. Saito: It's being held. It think it should be included. I mean it's part of a...both parts of this. Yeah make it general. Yeah, make it general. Make it apply to both parts. Cause that's an in kind contribution. Right. Right. The whole thing. Mr. Saito...this was a good venture...I think. Just keep fighting those climate change to nice. I want to thank you for coming because 1 learned a lot from this. Yeah there's a lot going on out there. It's really exciting. Very blessed to have this type of contribution. And this was one of the most moving workshops I have ever been to. And we've got our focus and next steps outlined by the group in collaborative manner. It was so...really powerful. Do you hold office here? I'm in West Hawaii Civic Center. That's the solar energy side of the island. Yeah. There'll be some exciting things going on with the transformation. Great. In fact they're using...1 have a contract with [inaudible] to do the actual analysis of the current state of fleets and the recommendation...or what vehicle should be changed out and then the financing. How it should be financed and how that would impact our load profile at the facility if it's electric fueling and 15 Mr. Wiseman: Mr. Saito: Mr. Robinson: charging stations for hydrogen if that's the case. And the state agencies are actually taking our scope of work as a template to...for the rest of the counties and the state so... Thank you. Thank you. Thank you. Motion and Vote: Ms. Sumner -Mack moved to approve the acceptance of donation in Petition 2019-03. Mr. Heintz seconded the motion. All members voted aye. 5. UNFINISHED BUSINESS (10:41 a.m.) a. Petition No. 2019-01: Continued review of draft informal advisory opinion regarding a petition alleging that a Council member was in violation of the Hawai`i County Code Section 2-84(a)(1) (Conflicts of Interest), Hawai`i County Charter Section 14-3(a) (Disclosure of Interest), when voting on a Bill at the Hawai`i County Council Committee on Planning. Mr. Robinson: Mr. Wiseman: Mr. Robinson: Mr. Wiseman: Mr. Robinson: Mr. Wiseman: Mr. Robinson: Ms. Sumner -Mack: Mr. Wiseman: Mr. Robinson: Mr. Heintz: Unfinished business. Petition 2019-01. Yeah I would move that this be discussed during executive session. Okay. I don't think it's proper for us to discuss it here. We can defer that to the executive session. We can defer this to the executive session. Yeah. Okay. Is there a second? Second. We don't want to get this in public just yet. It's been moved and seconded that we want to have consultation with our Corp. Counsel in executive session prior to taking action on this. I don't see anything else on the agenda so we will go to... Is there a motion to enter executive session? So moved. 16 Mr. Wiseman: Nothing else? Mr. Robinson: Is there a second? Mr. Yoshimoto: So we can cite the statutes that are on the agenda for the motion for executive session. Mr. Robinson: And we're just gonna go into executive session to do discussion regarding this but we'll take the vote in regular session. We'll reconvene for regular session. And also, while we're in executive session we'll review those three items we have down there below. The three disclosures...confidential financial disclosures and the minutes. Motion and Vote: Mr. Wiseman moved to discuss item 5. a. in executive session. Ms. Sumner -Mack seconded the motion. All members voted aye. Motion and Vote: Mr. Heintz moved to go into executive session. 10:43 a.m. The Board moved into executive session. * * * * 11:05 a.m. The Board returned into regular session. Mr. Robinson: We'll go back into regular session. The next item on our agenda and unfinished business is Petition 2019-01. We have before us that informal advisory opinion. And someone will make a motion to accept. Then we can have discussion regarding any amendments. Mr. Heintz: Mr. Chairman, I'd move to accept and I do have an amendment. Mr. Robinson: Okay. Is there a second? Ms. Sumner -Mack: I'll second it. Mr. Robinson: Okay. So moved and seconded. So now we go to discussion. Mr. Heintz: My amendment would be found on...would be on page 10. I'm requesting an addition. A new section 38. With the existing section 38 and 39 being renumbered to 39 and 40. And my new section 38 would read...Indeed, this board strongly recommends that in similar circumstances, timely full disclosure in writing would be followed by recusal from voting. Mr. Wiseman: I'll second that motion. 17 Mr. Robinson: Mr. Heintz: Mr. Robinson: Mr. Heintz: Mr. Robinson: Okay so moved and seconded that we have an amendment to the presented petition. So we'll vote on the amendment before we vote on the overall petition itself. And that amendment is that this Board strongly recommends that in similar circumstances...timely, full disclosure would be followed by recusal from voting. Is that correct? Right after full disclosure, its full disclosure in writing, as is required by the code. So full disclosure in... In writing. Would be followed by recusal from voting. Okay so the new section 38 would read. This Board strongly recommends that in similar circumstances... Indeed this Board strongly recommends that in similar circumstances, timely full disclosure in writing would be followed by recusal from voting. Mr. Heintz: That's correct. Mr. Robinson: Okay. Ms. Sumner -Mack: Do we need to add voting on this issue? Or this matter? Mr. Heintz: No because it's in similar circumstances. It's speaking about it's advice to the Council in the future. Mr. Robinson: Okay. So J could you give us an overview of the informal advisory opinion and how it's organized and then... Mr. Wiseman: Excuse me, did we vote on the amendment? Mr. Robinson: Mr. Yoshimoto: Oh yeah, that's right. So we have that as a proposed amendment. Is there any further discussion on the proposed amendment? If not all those in favor say aye. Contrary minded. Okay motion passed to amend the overall advisory opinion. So now we have the overall advisory opinion with the amendment. And it's been motioned for approval and we're having discussion. So J, if you could just give us a brief walk through. Okay so what would happen now is if the Board approves the informal advisory opinion as amended, then the Chairman has authority to sign the informal advisory opinion. And pursuant to the order of the Board, this opinion will be of course sent to the 18 Mr. Robinson: Mr. Yoshimoto: Mr. Robinson: petitioners, the respondent, as well as the Council Chair and all Members of the Hawai`i County Council. It was an open meeting so it's a public record. It's a public record. Anybody have any other items on any of the finding of facts...that we have...the organization of the petition? In particular, addresses disclosure of interest, how to address it, Hawai`i County Code, how to address the County Charter, how to address the disclosure requirement under the County Charter and then the findings of the Board and the conclusions of law, and then the order itself. Does anyone have any further questions on any of that? Or items they'd like to discuss or bring up? Hearing none all those in favor of the motion to approve the informal advisory opinion with the noted revision that was previously approved. All those in favor say aye. Contrary minded. Okay. So J, you'll draft that, put it in final form? Everybody here will get a copy... after I sign it. Okay. You'll handle all the disposition from there. Correct? Right. So if the Board wants to take any further action, now might be a good time to talk about it. If you want to have further disposition. Yeah. And that's an item I was...you read my mind J. Were gonna bring up is...do we wanna go as a Board to the County Council when we present this...it to be an item on the agenda for them so we can share with them our concerns. Mr. Heintz: I'll be happy to attend. Do we expect to have some interaction with the Board? Mr. Robinson: The Council. Mr. Heintz: Oh the Council? I take it Bob will speak and they may ask questions, I don't know. Mr. Wiseman: If we're there as part of the agenda, they have a right to ask questions. Mr. Robinson: Right. Mr. Yoshimoto: Right. So if the thought process is for the Board to... What does the Board want to do? I guess is the better question. Mr. Robinson: That's what I'm trying to push on now. 19 Mr. Wiseman: Starting with...before that... It's my understanding is that each Council Member is gonna get his own copy of this right. Mr. Yoshimoto: Correct. Mr. Wiseman: Okay. Ms. Sumner -Mack: I don't know. I think it's important somehow to emphasize those...what's become 38, 39, and 40 because the language, every member of the Council needs to adhere to and nurture a personal code that will promote a cultural proud reflective and ethical public servants. And 40 reads an ethical imperative is impartial of the democratic tradition and one needs to be reminded from time to time that public service is indeed a public trust. I don't know if we have to go and present in person. Maybe a cover letter or something that would be read in the Council meeting by someone would suffice. Mr. Wiseman: As we all can imagine, not every Council member is going to read this. Ms. Sumner -Mack: Unless somebody says it. Mr. Robinson: Well my concern is if you send something and it just like... Mr. Wiseman: Yeah, that's what I'm saying right yeah. Mr. Robinson: Where's it? Mr. Wiseman: They go to Council meetings, they have a bundle of papers. Mr. Robinson: Does it call your attention to a specific section within this. You can do it in person it means a little bit more. Mr. Wiseman: Yeah. Mr. Robinson: And you hopefully see all of them open it up and read along. Mr. Wiseman: It would be the purpose of any additional presentation would just be for...to emphasize a certain part of it. Mr. Yoshimoto: Let me just kinda get some clarity here. So the thought process is that the Board is interested in...sending a communication to the Council to be placed on the agenda. But not to specifically talk about this opinion. But to talk about interpretation of the code of ethics and what it means to make disclosures. Correct? 20 Mr. Robinson: Mr. Yoshimoto: Mr. Wiseman: Mr. Yoshimoto: Mr. Robinson: Mr. Wiseman: Ms. Sumner -Mack: Mr. Yoshimoto: Mr. Heintz: Mr. Yoshimoto: Mr. Heintz: Correct. Because...yeah I don't see why we would want to agendize this opinion. But generically, generally, Board feels it's important right to make sure there's guidance and clarity. And we wouldn't reference any individual. Right. Any individual or individual section of the... No I mean the person. Yeah. Well we could send a written communication but within that quote...this section. I'm afraid we'll come across as preaching to them or... Don't want to come across like that. But anyway...that's my concern. That maybe just quoting these sections. You know there is...as I recall...our past Chair sent a communication to the Council Chair regarding suggestions and code amendments. What I'm getting at is this...you there's an opportunity for the Board to provide it's opinion or it's recommendation to the Council on changes to the code. I think we talked about this and I was gonna work on that too as well. Now that's a separate matter...I think as to what's being discussed here but...what I'm trying to say is this may come up if you know you go forward. Like...and Larry asked if, are you gonna be questioned? Certainly. For sure there'll be questions right? So it may go beyond. Right. So I'm just throwing it out there... May I say something. I think this case...although we won't be specifically talking about this case. But this case, to me, illustrated something rather interesting. This case we had petitioners. A group of 39 people and we had at least two other petitions as well. So there were a large group of people in the community who signed the petition. Worked a great length. They were concerned about a failure to disclose. Not only was there a failure to disclose...even after they dealt with this in a subcommittee...the bill...there still was a failure to disclose in writing as required by 21 Mr. Wiseman: Mr. Yoshimoto: the code of ethics. There was general discussion in meetings and in a manner that left the question of the need for a recusal...as unnecessary...when it was quite confusing as to the...whether the other councilmembers understood. And my point is without disclosure, you don't get to the question of recusal. And that's what we had in this case. And so there was really no sort of corrective possibility of fellow council members saying...oh, given that connection, then you should recuse yourself I don't think the Chair understood that, nor the fellow members because none of them did. So this means disclosure by itself is the first step. But it's like a train. It raises the issue of oh...so should be recused. And that I think is vital and that could be easily be missed. Okay. I concur with Larry. And I would also add that the beginning statement of...that he just made...would be a good preface into any address to the Council. That we are not talking about the usual common complaints where there's one or a few people. We're talking about a considerable mass of citizens here, residents who are so concerned that the time expended and the efforts they put forth in trying to raise this awareness is... I think it's a good preface to go into it. So then Rick will do a communication to the Council Chair requesting... Like a presentation basically to present to the Council, the Board's guidance and... Mr. Wiseman: I would suggest that Rick can take the lead as the Chair and present a statement. You want a statement to introduce. Mr. Yoshimoto: Alright. Mr. Robinson: Yeah. But I think what Larry just said that's pretty ample. Mr. Wiseman: Yeah and then you can pass it along to us and we can add to it. Mr. Yoshimoto: Okay. So then why don't we work on that for then the next time? Placed on the next agenda. And then once the Board finalizes that, then we can set it on forward. Mr. Robinson: Did you put down just what you said. Larry's is pretty amble. Mr. Heintz: I think it's all in record. It'll be in the minutes. Verbatim. Mr. Robinson: So we're good with informal advisory opinion. We made the vote. Mr. Wiseman: Yeah. 22 Mr. Robinson: So we're all done on that. Motion and Vote: Mr. Heintz moved to accept informal advisory opinion for Petition 2019- 01. Ms. Sumner -Mack seconded the motion. Motion and Vote: Mr. Heintz moved to approve amendments to informal advisory opinion for Petition 2019-01. Mr. Wiseman seconded the motion. All members voted aye. 6. VOTING ON EXECUTIVE SESSION MATTERS (11:18 a.m.) a. Review of the executive session minutes of June 10, 2019 and July 15, 2019. Mr. Robinson: Next we have the two minutes from the executive session. One from June 10`h and one from July 15. Is there a motion to accept the one from June 10`h? Mr. Heintz: So moved. Mr. Robinson: Is there a second? Ms. Sumner -Mack: I'll second it. Mr. Robinson: Okay, it's been moved and seconded that we approve the executive committee, the executive session minute of June 10, 2019. All those in favor say aye. Contrary minded. Next we have the executive session minutes from July 15, 2019. Is there a motion to accept? Ms. Sumner -Mack: I so move. Mr. Wiseman: Second. Mr. Robinson: Okay moved and seconded. All those in favor say aye. Okay. Motion and Vote: Mr. Heintz moved to approve executive session minutes of June 10, 2019. Ms. Sumner -Mack seconded the motion. All members voted aye. Motion and Vote: Ms. Sumner -Mack moved to approve executive session minutes of July 15, 2019. Mr. Wiseman seconded the motion. All members voted aye. 7. ANNOUNCEMENTS (11:21 a.m.) Mr. Robinson: Announcements. The next scheduled monthly meeting of the Board of Ethics is scheduled for September 11, 2019 at 10:00 23 o'clock, in this building here. Is that correct? We're all set for that. Mr. Wiseman: As previously reported, I will not be here for that meeting. Mr. Robinson: Nan, you'll be here? Ms. Sumner -Mack: As far as I know. Mr. Robinson: Larry, you'll be here? Mr. Heintz: Yes. Mr. Robinson: So we should have a quorum with three. Alright. And then we have one item that came in that will be on the agenda for September 11. Correct? And that was not on the agenda this time because we didn't receive it in time to be on the... Okay. 10. ADJOURNMENT (11:21 p.m.) Mr. Robinson: Alright are there any further items anyone would like to bring up? If not, motion to adjourn? Mr. Heintz: So moved. Mr. Robinson: Second? Mr. Wiseman: Second. Mr. Robinson: Alright? All in favor say aye. Adjourned. Motion and Vote: Mr. Heintz moved to adjourn. Mr. Wiseman seconded the motion. All members voted aye. Respectfully submitted: Maria Pagala, Secretary 24