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Home My WebLink About2020-07-14 Board of Ethics MeetingBoard of Ethics 07/08/2020 02:48:49 PM BOARD OF ETHICS, County of Hawaii 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 Tel. No. (808) 961-8251 AGENDA July 14, 2020 — 10:00 a.m. County of Hawaii Hawaii County Building Council Chambers 25 Aupuni Street Hilo, Hawaii 96720 STATEMENTS FROM THE PUBLIC — Note that statements from the public regarding any particular item on this agenda will be taken at the time the particular item is called to order. In order to comply with physical distancing requirements, public testimony will be allowed one person at a time. LIMIT OF PERSONS ALLOWED IN CONFERENCE ROOM: Based on the Mayor's COVID-19 Emergency Rule No. 9, the indoor meeting may be held with up to 50 people provided that physical distancing and safe practices can be maintained. The conference room will be set up to allow a number of people to safely distance from each other based on the limitations of the size of the room. Only persons that are present for the particular item on the agenda will be allowed in the conference room. Each person will be required to wear a mask to enter into the conference room. 1. CALL TO ORDER 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS. 3. APPROVAL OF THE REGULAR SESSION MINUTES OF FEBRUARY 29, 2020. 4. UNFINISHED BUSINESS a. Petition 2019-02: Decision making in 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. b. Petition 2019-05: Review draft order dismissing request for an informal advisory opinion from a former County officer or employee to determine compliance with Section 2-91.2 (Post -employment) of the Hawai`i County Code. (CLOSED HEARING) 5. NEW BUSINESS a. Petition 2020-01: Initial review of a petition alleging that a County officer or employee is in violation of Sections 2-83 (Fair Treatment) and 2-84 (a) (Conflict of Interest) of the Hawai`i County Code. Board of Ethics 07/08/2020 02:48:49 PM b. Petition 2020-02: Initial review of a petition alleging that a County officer or employee is in violation of Sections 2-83 (Fair Treatment) and 2-91.6 (Confidential Information) of the Hawai`i County Code c. Petition 2020-04: Initial review of a complaint regarding the lack of enforcement and/or unequal enforcement of state laws at the Thirty Meter Telescope protest encampment at Mauna Kea Access Road. d. Review of Gift Disclosure Statement received from the following County officer or employee. (1) Maile David (2) Karen S. Eoff (3) Aaron S. Y. Chung (4) Ashley Kierkiewicz (5) Rebecca Villegas 6. 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 item may be considered in Executive Session. a. Legal presentation from Corporation Counsel Joseph Kamelamela regarding the Hawai'i County Board of Ethics request for special counsel. b. Review of the executive session minutes of February 29, 2020. c. Review of the closed session minutes of February 29, 2020. d. 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 Nathan Osorio Building Inspector Public Works - Building 2 Bryson K. Silva Plumbing Inspector Public Works — Building 3 Samuel -Dennis Lee Building Inspector Asst. Public Works — Building 4 Joel Fitzgerald Building Plans Examiner Public Works - Building 2 Board of Ethics 07/08/2020 02:48:49 PM 5 David Abelaye Supervising Building Inspector Public Works — Building 6 Keith F. Unger Member Leeward Planning Commission 7 Michael Vitousek Member Leeward Planning Commission 8 Sara E. Little Building Inspector Aid Public Works - Building 9 Thomas L. Segovia, Jr. Electrical Inspector Public Works - Building 10 Evan Chun Building Inspector Aid Public Works - Building 11 David Holbrook Building Inspector Aid Public Works - Building 12 Kyle Honda Civil Engineer III Public Works - Engineering 13 Rodney B. Astrande Supervisor Plumbing Inspector Public Works - Building 14 Joon So Engineering Support Technician IV Public Works - Engineering 15 Kelly Wilson Architect II Public Works — Building 16 Zendo Kern Member Water Board 17 Ronald Whitmore Planner VI (Acting Program Manager) Planning 18 Lawrence L. Heintz Member Board of Ethics 19 Robin Takamoto Engineering Tech III Public Works - Engineering 20 Patrick Vereze Engineering Support Tech IV Public Works - Engineering 21 Kerwyn Tokeshi Sr. Project Construction Inspector Public Works — Engineering 22 Brian Standley Engineering Support Technician II Public Works - Engineering 23 Bryce Harada Civil Engineer IV Public Works - Engineering 24 Matthew Messerschmidt Engineering Support Tech II Public Works - Engineering 25 Donna Payesko Commissioner Fire Commission 26 Anthony K. Y. Sur Commissioner Police Commission 27 Justin Chun Lee Member Board of Appeals 28 Daniel K. Paleka, Jr. Commissioner Fire Commission 29 Kyle Keamo Commissioner Fire Commission 30 Harry Lee McIntosh III Commissioner Environmental Management Commission Board of Ethics 07/08/2020 02:48:49 PM 7 ANNOUNCEMENTS a. The next monthly meeting of the Board of Ethics is scheduled for August 12, 2020 at 10:00 a.m. at the Hawai`i County Building, Council Chambers, 25 Aupuni Street, Hilo, Hawai`i 96720. 8. ADJOURNMENT 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. 4