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Home My WebLink About2020-12-09 Board of Ethics AgendaBoard of Ethics 12/03/2020 10:43:25 AM BOARD OF ETHICS, County of Hawaii 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 Tel. No. (808) 961-8251 AGENDA DATE: Wednesday, December 9, 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 Sixteenth Proclamation Related to the COVID-19 Emergency dated November 23, 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 Liza Osorio at Liza.Osorio@hawaiicounty.gov or 808-961-8251 no later than 12 noon, Tuesday, December 8, 2020. Anyone wishing to testify orally via WebEx must sign up by 12 noon, Tuesday, December 8, 2020 by contacting Liza Osorio. 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 Liza.Osorio@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 NOVEMBER 16, 2020 4. NEW BUSINESS a. Discussion of the 2020 Hawai'i County Charter Amendments. b. Selection of Board of Ethics Chair and Vice Chair for 2021. Board of Ethics 12/03/2020 10:43:26 AM c. Review 12/04/19 memo from former member Ken Goodenow providing a draft of proposed amendments to the rules. d. Review 04/15/2020 memo from former member Ken Goodenow regarding proposed code amendments. 5. UNFINISHED BUSINESS Petition 2020-01 (Combined with 2020-05): Review draft informal advisory opinion dismissing 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. 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. Petition 2020-05 (Combined with 2020-01): Review draft informal advisory opinion dismissing a petition alleging that three County officers or employees are in violation of Section 2-83 (Fair Treatment) and 2-84(a) (Conflict of Interest) of the Hawai'i County Code. 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 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. Review of the executive session minutes of November 16, 2020 b. 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: 1 Name: Michael Okumoto Position: Member County Agency: Tax Board of Review 2 Name: Denise Nakanishi Position: Member County Agency: Board of Ethics 3 Name: Merrick Nishimoto Position: Commissioner County Agency: Fire Commission 4 Name: Owen K. P. Okamoto Position: Plans Examiner County Agency: Public Works 5 Name: Barbara Jo DeFranco Position: Commissioner County Agency: Leeward Planning Commission Board of Ethics 12/03/2020 10:43:26 AM c. 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: d. Review of Confidential Gds Disclosure Statement filed pursuant to Section 2-91.4, Hawaii County Code, by County board and commission members and designated County employees, where personal matters will be reviewed: 1 Name: Michael Yee Position: Planning Director County Agency: Planning Department 2 Name: Maria Shon Ina salin Position: Fire Commission County Agency: County of Hawaii, District I 3 Name: Stephen McCord Position: Electrical Engineer 11 County Agency: Department of Public Works 4 Name: Heather Kimball Position: Member County Agency: Board of Appeals 5 Name: David Yamamoto Position: Director County Agency: Department of Public Works 6 Name: Riley W. Smith Position: Chair County Agency: Liquor Control Adjudication Board d. Review of Confidential Gds Disclosure Statement filed pursuant to Section 2-91.4, Hawaii County Code, by County board and commission members and designated County employees, where personal matters will be reviewed: Name: Harry Kim Position: Mayor County Agency: County of Hawaii 7. CONTINUE DISCUSSION REGARDING 2021 BOARD OF ETHICS MONTHLY MEETING SCHEDULE. 8. ANNOUNCEMENTS a. Resignation of Board Member Nan Sumner -Mack. b. The next monthly meeting of the Board of Ethics is scheduled for January 13, 2021 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. Board of Ethics 12/03/2020 10:43:26 AM 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.