HomeMy WebLinkAboutPetition 2021-02 - Informal Advisory Opinion (07-14-21)v
BEFORE THE BOARD OF ETHICS
COUNTY OF HAWAI`I
In the Matter of the Petition by I PETITION NO. 2021-02
Laine Malson,
Petitioner. I INFORMAL ADVISORY OPINION
Hearing: February 8, 2021
INFORMAL ADVISORY OPINION
By Petition filed on January 12, 2021 with the Hawaii County Board of Ethics
(hereinafter referred to as "Board"), Laine Malson, (hereinafter referred to as "Petitioner") stated
he recently accepted a part-time job with the County of Hawai'i ("County") as a golf course
starter and will start work on February 16, 2021. Petitioner also works as sales consultant for
BEI Hawaii, which has contracts with the County. Petitioner requests an opinion from the Board
regarding whether there is a conflict of interest for him under the facts presented. Petitioner
requested a closed hearing which was denied by the Board and the meeting was held in open
session.
At its duly noticed meeting of February 8, 2021, the Board reviewed and considered the
above -captioned Petition pursuant to Rule 4 of the Rules and Practice and Procedure of the
Board of Ethics. Petitioner attended the meeting and provided testimony. The Board, having
deliberated and considered and giving appropriate weight to the testimony and evidence
submitted by the Petitioner, and having considered the arguments presented, hereby renders the
following Findings of Fact, Conclusions of Law, and Order.
FINDINGS OF FACT
1. To the extent that any of these Findings of Fact are Conclusions of Law, they are to be so
construed.
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2. Petitioner is a resident of the County of Hawai'i.
3. Petitioner is employed as an outside sales representative with BEI Hawai'i.
4. Petitioner will begin part-time employment with the County of Hawaii as a golf course
starter on February 16, 2 02 1.
5. Petitioner previously worked on the Aquatics account involving the County of Hawai'i
and after it was confirmed that he will be working part-time for the County of Hawai'i, he
gave up the Aquatics account and currently does not have any accounts involving the
County of Hawaii.
6. Hawai'i County Code Section 2-81, Applicability, states that "[t]his article shall apply to
every officer and employee of the County."
7. Hawai'i County Code Section 2-84. Conflicts of interests, states in pertinent part:
(a) No officer or employee shall take any official action directly affecting:
(1) A business or other undertaking in which that officer or employee has a substantial
financial interest;
(2) A private undertaking in which the officer or employee is engaged as legal counsel,
advisor, consultant, or representative, or other agency capacity; or
(3) A business or undertaking in which the employee knows or has reason to know that a
brother, a sister, a parent, an emancipated child, or a household member has a substantial
financial interest, provided that the financial interests of these individuals shall not
include those of any spouse or child.
(b) No officer or employee shall acquire financial interests in any business or other
undertaking which that officer or employee has reason to believe may be directly
involved in official action to be taken by the officer or employee.
8. Based on the facts presented, there is no conflict of interest for Petitioner to work as a
part-time employee as a golf course starter with the County of Hawaii and being
employed as an outside sales representative by BEI Hawai'i as long as Petitioner's
employment with BEI Hawai'i does not involve any accounts with the County of Hawai'i.
9. Board Member Lawrence Heintz moved that the Board find that the Petitioner does not
have a conflict of interest to work as a part-time employee as a golf course starter with
the County of Hawai'i and being employed as an outside sales representative by BEI
Hawai'i as long as Petitioner's employment with BEI Hawai'i does not involve any
accounts with the County of Hawaii. Board Member Denise Nakanishi seconded the
motion. Board Vice -Chair David Wiseman and Board members Lawrence Heintz and
Denise Nakanishi voted in favor of the motion. The motion passed 3-0.
CONCLUSION OF LAW
Based upon the evidence presented and the Board's review of the Hawai'i County
Charter, the Hawai'i County Code, and the Board's Rules of Practice and Procedure, the Board
finds and concludes that there is no conflict of interest for Petitioner to work as a part-time
employee as a golf course starter with the County of Hawai'i and being employed as an outside
sales representative by BEI Hawai'i as long as Petitioner's employment with BEI Hawai'i does
not involve any accounts with the County of Hawai'i.
•:9
Pursuant to Board Rule 4.9, this Informal Advisory Opinion shall be filed and a copy
shall be sent to the Petitioner.
Dated: Hilo, Hawaii, � _ 32
021.
BOARD OF ETHICS, COUNTL
Y OF HA
By ��IM!/►l� A�
DAVID WISEMAN
Vice -Chair
APPROVED AS TO FORM
AND LEGALITY:
J W
Deputyon Counsel