HomeMy WebLinkAbout2019-11-13 Board of Ethics AgendaBoard of Ethics 11/07/2019 12:58:44 PM
BOARD OF ETHICS, County of Hawaii
101 Aupuni Street, Suite 325, Hilo, Hawaii 96720
Tel. No. (808) 961-8251
AGENDA
November 13, 2019 — 10:00 a.m.
County of Hawaii
Hawaii County Building
Council Chambers
25 Aupuni Street
Hilo, Hawaii 96720
1 CALL TO ORDER
2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS.
3. APPROVAL OF THE REGULAR SESSION MINUTES OF OCTOBER 9, 2019.
4. COMMUNICATION
a. Letter from a member of the public dated September 30, 2019 requesting an
investigation into an alleged assault incident outside of the County Building.
b. Letter from Hawai`i County Council Chairman dated October 9, 2019 regarding
Hawai`i County Board of Ethics request to appear at County Council meeting.
5. NEW BUSINESS
a. Petition 2019-02: Initial review of a petition alleging that a County officer or
employee and the Hawai'i County Board of Ethics is in violation of Sections 2-83
(a)(b)(c) (Fair treatment) of the Hawai`i County Code.
1. Response letter dated August 28, 2019 received from the Office of the Corporation
Counsel.
2. Correspondence dated September 23, 2019 received from petitioner.
6. UNFINISHED BUSINESS
a. Petition 2019-04: Continued review of a petition from a former County officer or
employee to determine compliance with Section 2-91.2(b) (Post -employment) of the
Hawai`i County Code because his current employer wants to include him in projects
involving the Hawai`i County Wastewater Division, his former employer.
b. Petition 2019-06: Review draft informal advisory opinion regarding a petition from a
County officer or employee to determine whether she would have a conflict of
Board of Ethics 11/07/2019 12:58:44 PM
interest to serve on the Hawai'i County Police Commission under Section 2-84 of the
Hawai'i County Code.
c. Petition 2019-07: Continued review of a petition from a County officer or employee
to determine whether there is a conflict of interest under Section 2-84 of the Hawai'i
County Code for his office to prosecute cases involving a protest site on Hawai'i
Island.
7 EXECUTIVE SESSION
With reference to agenda items listed, one or more executive meetings are anticipated. In
particular, the Board of Ethics anticipates it may consider the evaluation, dismissal, or
disciplining of an officer or employee of the County of Hawai`i, where considerations of
matters affecting privacy will be involved. The Board may also consult with the Board's
attorney on questions and issues pertaining to the Board's powers, duties, privileges,
immunities, and liabilities. Therefore, pursuant to Hawai`i Revised Statutes ("HRS")
Sections 92-5(a)(2), 92-5(a)(4), and 92-6(a)(2), the following items may be considered in
Executive Session.
a. Review of the executive session minutes of October 9, 2019.
b. Review of Confidential Financial Disclosure Forms filed pursuant to Section 2-
91.1(d), Hawai`i County Code, by County board and commission members and
designated County employees, where personal matters will be reviewed:
Name
Position
County Agency
1
Heather Kimball
Member
Board of Appeals
2
Guy K. Schutte
Commissioner
Police Commission
3
Diana Nakagawa
Davison
Purchasing Agent
Finance Department
4
Ivan P.T. Okinaka
Assistant Electrical
Inspector
Public Works
8. DISCUSSION REGARDING THE POTENTIAL OF THE HAWAII COUNTY
ETHICS BOARD TO FILE AN ETHICS VIOLATION APPEAL WITH THE STATE
ETHICS BOARD IN REGARDS TO LACK OF ACTION IN ENFORCING THE RULE
OF LAW FOR THE CONTINUING BLOCKING THE INGRESS AND EGRESS OF
THE MAUNA KEA ACCESS ROAD.
9. ANNOUNCEMENTS
a. The next monthly meeting of the Board of Ethics is scheduled for December 11, 2019
at 10:00 a.m. at the Hawai`i County Building, Council Chambers, 25 Aupuni Street,
Hilo, Hawai`i 96720.
10. ADJOURNMENT
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Board of Ethics 11/07/2019 12:58:44 PM
NOTE: If you need an auxiliary aid/service or other accommodation due to a disability,
contact 961-8304, ext. 101 as soon as possible. Requests made as early as possible will
allow adequate time to fulfill your request. Upon request, this notice is available in
alternate formats such as large print, Braille, or electronic copy.
BOARD PACKET. Pursuant to Hawai'i Revised Statutes Section 92-7.5, the board packet
provided to members of this board for this meeting is available for public inspection during
regular business hours at the Office of the Corporation Counsel, 101 Aupuni Street, Suite 325,
Hilo, Hawai'i 96720.
NOTICE TO LOBBYISTS
If you are a lobbyist, you must register with the Hawai`i County Clerk within five days of becoming a lobbyist (Article 15,
Section 2-91.3(b), Hawai`i County Code).
A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or $275
in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or
urging others to communicate with public officials." (Article 15, Section 2-91.3(a)(6), Hawai`i County Code.)
Registration forms and expenditure report documents are available at the Office of the County Clerk -Council, 25 Aupuni Street,
Hilo, Hawai`i 96720.
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