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Home My WebLink About2020-08-12 Board of Ethics AgendaBoard of Ethics 08/06/2020 08:20:51 AM BOARD OF ETHICS, County of Hawaii 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 Tel. No. (808) 961-8251 AGENDA DATE: Wednesday, August 12, 2020 TIME: 10:00 a.m. PLACE: Hawai'i County Building, Council Chambers, 25 Aupuni Street, Hilo, HI 96720 As part of the response to the threat of COVID-19, Governor David Ige issued a Tenth Proclamation Related to the COVID-19 Emergency dated July 17, 2020, suspending Hawai'i Revised Statutes Chapter 92, Public Agency Meetings and Records, to the extent necessary to enable boards as defined in Section 92-2, to conduct meetings without any board members or members of the public physically present in the same location. This meeting will be held through a combination of some board members being physically present at the meeting location and some members participating by interactive video conference through WebEx. Only the petitioner and the respondent that are present for a particular item on the agenda will be allowed in the meeting room. Each person will be required to wear a face mask and maintain six feet physical distance from any other person as required by law. The public may view the meeting live and/or provide oral testimony via WebEx. To sign up for access to the meeting, please contact Maria Pagala at maria.pagala@hawaiicounty.gov or 808-961-8251 no later than 12 noon, Tuesday, August 11, 2020. The Board has taken these public health safety precautions in order to minimize physical contact and maximize physical distancing. Submitting Written Testimony: The Board encourages the public to submit thoughts, comments, and input via written testimony. To ensure timely delivery to Board Members prior to the meeting, written testimony must be submitted before 12:00 noon on the business day prior to the meeting by: (1) email to maria.pagala@hawaiicounty.gov, (2) facsimile to (808) 961-8622, or (3) mail to the Board of Ethics office at 101 Aupuni Street, Suite 325, Hilo, Hawai`i 96720. All written testimony, regardless of time of receipt, will be part of the permanent record. 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. Board of Ethics 08/06/2020 08:20:51 AM 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. (CLOSED HEARING REQUESTED) 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. (CLOSED HEARING REQUESTED) 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 officers or employees. (1) Maile David (2) Karen S. Eoff (3) Aaron S. Y. Chung (4) Ashley Kierkiewicz (5) Rebecca Villegas (6) Valerie Poindexter 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 items 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 from the February 29, 2020 meeting. b. Review of the executive session minutes of February 29, 2020. 2 Board of Ethics 08/06/2020 08:20:51 AM 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 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 3 Board of Ethics 08/06/2020 08:20:51 AM 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 31 Corey H.W. Luke Commissioner Fire Commission 32 Daniel Thomas Member Board of Appeals 33 Christopher Roehrig* Commissioner Charter Commission 34 Benjamin Agdeppa Commissioner Fire Commission and Transportation Commission *Re -review 7 ANNOUNCEMENTS a. The next monthly meeting of the Board of Ethics is scheduled for September 9, 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