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Home My WebLink About2021-11-10 Board of Ethics AgendaBoard of Ethics 11/04/2021 12:16 PM BOARD OF ETHICS, County of Hawaii `•.•_, 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 Tel. No. (808) 961-8251 % DFN►J AGENDA DATE: Wednesday, November 10, 2021 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 Twenty - First Proclamation Related to the COVID-19 Emergency dated June 9, 2021, 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 Zoom. 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 online via Zoom. To sign up for access to the meeting online via Zoom, please contact Liza Osorio at Liza.Osorio@hawaiicountygov or 808-961- 8251 no later than 12 noon, Tuesday, November 9, 2021. Anyone wishing to testify orally online via Zoom must sign up by 12 noon, Tuesday, November 9, 2021, 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@hawaiicoun ov, (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 OCTOBER 13, 2021 4. NEW BUSINESS a. Petition No. 2021-13: Petition requesting an Informal Advisory Opinion from a County employee seeking guidance on potential conflicts as Acting Director of Human Resources. Board of Ethics 11/04/2021 12:16 PM b. Petition 2021-14: Petition alleging that the Director of Parks and Recreation is derelict in his duties, failing to provide leadership with integrity and obstructing justice. c. Petition 2021-15: Petition alleging that the Chair and Vice Chair of the Leeward Planning Commission violated Hawaii County Charter 6-7-5, quorum requirements, and Ethics Code 2.81, 2.82, 2.83(a)(3), and 2.86(b). d. Petition 2021-16: Petition from a County Program associated with the recovery from the 2018 Kilauea eruption, requesting Informal Advisory Opinion that the policies and procedures adopted by the Program are sufficient to satisfy the Hawaii County Code of Ethics as applied to County employees applying to the Program or that an opinion from the Board is not required pursuant to Hawaii County Code Section 2-83(c). e. Petition 2021-17: Petition from a County Program associated with the recovery from the 2018 Kilauea eruption, requesting Informal Advisory Opinion that the policies and procedures adopted by the Program are sufficient to satisfy the Hawaii County Code of Ethics as applied to the Planning Director and Program Manager as applicants to the Program or that an opinion from the Board is not required pursuant to Hawaii County Code Section 2-83(c). 5. UNFINISHED BUSINESS a. Petition No. 2021-05: Review draft Order dismissing petition requesting guidance as to whether the actions of a Leeward Planning Commissioner are in violation of the Code of Ethics. 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. Review of the executive session minutes of October 13, 2021. 7. CONTINUED DISCUSSION REGARDING AMENDMENTS TO THE RULES OF PRACTICE AND PROCEDURE OF THE BOARD OF ETHICS AND THE HAWAII COUNTY CHARTER AND COUNTY CODE. Board of Ethics 11/04/2021 12:16 PM a. Correspondence dated December 4, 2018 from Ken Goodenow. b. Review proposed amendments by Board member Larry Heintz. c. Request discussion from Corporation Counsel on status of proposed amendments, and suggestions on the next steps regarding said amendments. 8. REVIEW OF ADVISORY OPINION INITIATED BY THE BOARD OF ETHICS DISCUSSING REQUIREMENTS OF DISCLOSURES AND/OR HOW THEY RELATE TO POTENTIAL RECUSALS. 9. REVIEW POTENTIAL 2022 BOARD OF ETHICS MEETING DATES 10. ANNOUNCEMENTS a. The next monthly meeting of the Board of Ethics is scheduled for Wednesday, November 10, 2021, at 10:00 a.m. at the Hawaii County Building, Council Chambers, 25 Aupuni Street, Hilo, Hawaii 96720. 11. 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.