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HomeMy WebLinkAboutPetition 2021-03 - Informal Advisory Opinion (07-14-21)BEFORE THE BOARD OF ETHICS In the Matter of the Petition by Jean K. Campbell, Petitioner. COUNTY OF HAWAI`I PETITION NO. 2021-03 INFORMAL ADVISORY OPINION Hearing: April 12, 2021 INFORMAL ADVISORY OPINION By Petition filed on March 30, 2021 (hereinafter referred to as "Petition") with the Hawaii County Board of Ethics (hereinafter referred to as "Board"), Jean K. Campbell, (hereinafter referred to as "Petitioner") requested guidance from the Board regarding any recommended procedures to avoid a conflict of interest as stated in her Petition. Petitioner requested an open hearing. At its duly noticed meeting on April 12, 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. A. The Petition 2. Petitioner is a resident of the County of Hawai'i. 3. Petitioner is a fee simple owner of a parcel of land located at 73-1915 Kaloko Drive, Kailua-Kona, Hawai'i, identified by Tax Map Key Parcel No. (3) 7-3-025:002 (hereinafter referred to as "Property") as Trustee of her personal trust. 4. Petitioner has owned the Property since 2017. 5. There is a pending subdivision application for the Property with the Hawai'i County Planning Department, which was submitted by Petitioner's consultant in the spring of 2020. 6. In March 2021, Petitioner accepted a job with the Office of the Corporation Counsel of the County of Hawai'i as a Deputy Corporation Counsel. 7. Petitioner is assigned to advise the County of Hawai'i Planning Department and the Public Access, Open Space & Natural Resources Preservation Commission (hereinafter referred to as "PONC"). 8. The subdivision application is subject to ministerial approval and typically does not involve or require legal advice. 9. On or about March 2021, a member of the public submitted an application to PONC for acquisition of the Kaloko Hiking Trail by the County of Hawai'i, a portion of which crosses a corner of Petitioner's Property. 10. Petitioner did not have knowledge of the application to PONC and it was made without willing landowner letters from Petitioner or other affected landowners. 11. Petitioner proposes the following protocols to comply with the Hawai'i Code of Ethics. B. Petitioner's Proposal Regarding her Subdivision Application 12. Petitioner will have no role in processing the subdivision application and will not take any official action related to her subdivision application. 13. In the event legal advice is necessary for the processing of the subdivision application, another attorney from the Office of the Corporation Counsel will advise the Planning Department. C. Petitioner's Proposal Regarding the PONC Application 14. The application for the acquisition of a portion of Petitioner's Property will be reviewed by PONC. 15. To avoid a conflict of interest, Petitioner will be not be involved in PONC's evaluation and decision -making regarding her Property. 16. In the event legal advice is necessary for PONC's evaluation of Petitioner's Property, another attorney from the Office of Corporation Counsel will advise PONC. 17. If Petitioner's Property is selected for acquisition by PONC, Petitioner will recuse herself from any discussion regarding her Property. D. Applicable Law 18. Hawai'i County Code Section 2-81, Applicability, states that "[t]his article shall apply to every officer and employee of the County." 19. 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;... E. Board's Ruling 20. Based on the evidence presented, the Board finds that Petitioner does not have a conflict of interest under the Hawai'i County Code of Ethics as long as she follows the protocols set forth in sections B and C in this opinion. 21. The Board finds and holds that Petitioner shall have no role in processing the subdivision application and shall not take any official action related to her subdivision application. 22. The Board finds and holds that in the event legal advice is necessary for the processing of Petitioner's subdivision application, another attorney from the Office of the Corporation Counsel will advise the Planning Department 23. The Board finds and holds that Petitioner shall be not be involved in PONC's evaluation and decision -making regarding her Property. 24. The Board finds and holds that in the event legal advice is necessary for PONC's evaluation of Petitioner's Property, another attorney from the Office of Corporation Counsel will advise PONC. 25. The Board finds and holds that if Petitioner's Property is selected for acquisition by PONC, Petitioner will recuse herself from any discussion regarding her Property. 26. Board Member Lawrence Heintz moved that the Board find that the Petitioner does not have a conflict of interest as long as the protocols set forth in sections B and C are followed. 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 Petitioner does not have a conflict of interest as long as she does not take any official action regarding her subdivision application, is not involved in the PONC's evaluation of her Property, and follows the protocols in sections B and C as stated in this opinion. 4 ORDER Pursuant to Board Rule 4.9, this Infonnal Advisory Opinion shall be filed and a copy shall be sent to the Petitioner. Dated: Hilo, Hawaii, l , 2021. BOARD OF ETHICS, COUNTY OF HAWAI`I DAVID WISEMAN Chair APPROVED AS TO FORM AND LEGALITY: J YO IMOTO Deputy Corporation Counsel