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Home My WebLink About2020-10-14 Board of Ethics AgendaBoard of Ethics 10/08/2020 10:40:39 AM BOARD OF ETHICS, County of Hawaii `•.•_, 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 Tel. No. (808) 961-8251 AGENDA DATE: Wednesday, October 14, 2020 TIME: 10:00 a.m. PLACE: Hawaii 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 Thirteenth Proclamation Related to the COVID-19 Emergency dated September 22, 2020, suspending Hawaii 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 persons that are present for the 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 via WebEx. To sign up for access to the meeting via WebEx, please contact Maria Pagala at maria.pagala@hawaiicounty_gov or 808-961-8251 no later than 12 noon, Tuesday, October 13, 2020. Anyone wishing to testify orally via WebEx must sign up by 12 noon, Tuesday, October 13, 2020 by contacting Maria Pagala. 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, Hawaii 96720. All written testimony, regardless of time of receipt, will be part of the permanent record. CALL TO ORDER 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS 3. APPROVAL OF THE REGULAR SESSION MINUTES OF SEPTEMBER 9, 2020. 4. CORRESPONDENCE a. Inquiry with Parks and Recreation Department representative regarding the anonymous letter from a member of the public dated July 29, 2020 requesting an investigation into an alleged unfair special treatment of an employee in the Parks and Recreation Department. Board of Ethics 10/08/2020 10:40:39 AM 5. NEW BUSINESS a. Petition 2020-05: Initial review of a petition alleging that three County officers or employees are in violation of Sections 2-83 (Fair Treatment) and 2-84 (a) (Conflict of Interest) of the Hawaii County Code. b. Petition 2020-06: Request for an informal advisory opinion from a County officer to determine whether there is a conflict of interest to provide services to the County of Hawai'i Civil Defense Agency while serving as a member of a County board or commission. Petition 2020-07: Request for an informal advisory opinion from a County officer to determine whether there is a conflict of interest to provide services to the County of Hawai'i Civil Defense Agency while serving as a member of a County board or commission. 6. UNFINISHED BUSINESS a. Petition 2020-01: Continued 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 Hawaii County Code. (CLOSED HEARING) b. Petition 2020-04: Continued 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. 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 Hawaii, 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 Hawaii 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. Discussion regarding legal presentation from Corporation Counsel Joseph Kamelamela regarding the Hawai'i County Board of Ethics request for special counsel from the February 28, 2020 meeting. b. Review of the executive session minutes of September 9, 2020. c. Review of the closed session minutes of August 12, 2020 and September 9, 2020. d. Review of Confidential Financial Disclosure Forms filed pursuant to Section 2- 91.1(d), Hawaii County Code, by County board and commission members and designated County employees, where personal matters will be reviewed: 2 Board of Ethics 10/08/2020 10:40:39 AM Name Position County Agency 1 Michael Okumoto Member Tax Board of Review 2 Denise Nakanishi Member Board of Ethics 3 Merrick Nishimoto Commissioner Fire Commission 4 Owen K. P. Okamoto Plans Examiner Public Works 5 Barbara Jo DeFranco Commissioner Leeward Planning Commission e. Re -Review of Confidential Financial Disclosure Forms filed pursuant to Section 2- 91.1(d), Hawaii 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 Board of Ethics 10/08/2020 10:40:39 AM 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 31 Corey H.W. Luke Commissioner Fire Commission 32 Daniel Thomas Member Board of Appeals 33 Christopher Roehrig Commissioner Charter Commission 8. ANNOUNCEMENTS The next monthly meeting of the Board of Ethics is scheduled for November 16, 2020 at 10:00 a.m. at the Hawaii County Building, Council Chambers, 25 Aupuni Street, Hilo, Hawaii 96720. 9. 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 Hawaii County Clerk within five days of becoming a lobbyist (Article 15, Section 2-91.3(b), Hawaii 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), Hawaii County Code.) Registration forms and expenditure report documents are available at the Office of the County Clerk -Council, 25 Aupuni Street, Hilo, Hawaii 96720.