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HomeMy WebLinkAboutEthics_Sunshine_2021The Sunshine Law 40 and Ethics Board of Appeals 2021 Welcome to the Board of Appeals ■ 7 members, no specific representation James McCully — Chairperson Stacy Aguiar — Vice Chair Mattson Davis Richard Henderson II Springer Kaye Justin Lee Daniel "Niel" Thomas Welcome to the Board of Appeals ■ Authority: Hawaii County Charter, Section 6-9.2 "The board of appeals shall consist of seven members who shall be appointed by the mayor and confirmed by the council in the manner prescribed in Section 13-4. Each members shall be a legal resident and a registered voter of the county. Board membership shall be representative of the community, and, whenever possible, persons with the background or expertise in broad areas of planning and construction shall be given preference" What can the Board do? ■ Sources of authority: Chapters 91 and 92 HRS ■ County Charter, Article XIII ■ County Code, Chapters 23 Subdivisions and 25 Zoning ■ Board of Appeals, Rules of Practice and Procedure Planning Department Rules and DPW Rules Statute > Charter > Code > Rules and Regulations What does the board do? ■ Meet, as necessary, at duly noticed and convened meeting (monthly). ■ Adopt rules and regulations necessary for the conduct of business. ■ Hear and determine appeals from final decisions of the planning director or the director of public works regarding matters within their respective jurisdictions. ■ Conduct hearings in accordance with Chapter 91, HRS, and this charter. Be part of the planning department for administrative purposes. Sunshine Law ■ HRS 92 Why? Boards and agencies have broad discretion to make decisions and form public policy. To protect public interest, there's a desire to make that process as open to public scrutiny and participation as possible "Protect people's right to know" HRS 92-1 Basic precepts of Sunshineaw.0 Every meeting must be open to the public unless executive session or limited meeting is allowed No discussing board business outside of an open meeting (with a few exceptions) Boards must provide notice, accept testimony, and keep minutes Cannot consider matters not included on agenda (improper notice) "Board Business " Matters over which the board has supervision, control, jurisdiction or advisory power that are before the board or reasonably anticipated to come before the board in the foreseeable future "Board Business" Within the board's authority On current or future agenda Open Meeting Requirement HRS 92-3: Every meeting shall be open to the public and all persons shall be permitted to attend unless otherwise provided in the constitution or as closed pursuant to sections 92-4 and 92-5. Rules and Regs: "All meetings of the Board shall be held in public places determined by the Board and the Board shall take official action in a meeting open to the public." Open Meeting Requirement HRS 92-3: the removal of any person who willfully disrupts a meeting to prevent and compromise the conduct of the meeting shall not be prohibited If someone is being disruptive, can remove them Meeting by interactive conference technology 0000-1111 - ---40ift A 40* WCO -q P� Notice must identify locations where board members will be physically present, if not at regular location Public can attend at any of those locations Meeting ends if audio interaction not maintained with all locations ■ I, Notice & Agenda �Q� Must list all items that the board intends to consider Sufficiently detailed so as to provide the public with adequate notice of the matters to be considered File notice and agenda at least 6 clerk's office and Board's office replaces filing in July) days prior with county (electronic posting "Emergency" exception permits less notice if imminent peril exists Amending the Agenda Only with 2/3 vote of all members Board is entitled to (5 needed) Cannot add item if: of reasonably major importance, and will affect a significant number of people Testimony All interested persons may submit written and/or oral testimony on any agenda item. A board may adopt a rule time limit for testimony. setting a reasonable DWS imposes some requirements May be limited to 5 minutes at Chair's discretion. DRR Section 1-2(3)(j) What about social events': The Sunshine Law does not apply to social gatherings attended by board members at which board business is not discussed. Discussions with non -board members The Sunshine Law does not apply to non - board members, so a board member freely may discuss board business with a non - board member outside of a meeting. BUT — be careful of discussions in the presence of other board members No discussion with non -board members regarding matters discussed in closed executive session Permitted Interactions — Two Board Members Two board members may discuss board business outside of a meeting to seek information so long as no commitment to vote is sought or made. Beware of serial communications i�� Permitted Interactions — Informational Meeting/Presentation ■ 2 or more members but less than a quorum Meeting not specifically and exclusively organized for or directed towards members of the board No commitment to vote sought or made Report back at next duly noticed — members who attended and matters discussed relating to board business Permitted Interactions — Investigatory Group 2 or more members but less than a quorum may be assigned to investigate a matter relating to official business of board, provided that: Scope of investigation is identified; All findings and recommendations are presented at a regular meeting; and -w Deliberation and decisionmaking, if any, occurs at a subsequent meeting Permitted Interactions — Other Exceptions 2 or more members but less than quo -rum can discuss selection of board's officers. 2 or more members but less than quorum can engage in discussions with head of department if discussion limited to certain administrative topics. If no quorum met, can still receive testimony and presentations. Executive Meetings Closed to public Motion shall state reason for closed meeting Requires 2/3 vote of board members present if constitutes a majority of members to which Board is entitled (minimum of five) Executive Meeting Purposes Personnel decisions Consult with board's attorney ■ Investigate- criminal misrontluct Matters confidential by law or court order HRS § 92-5 I Executive Meetings Q: Can a board hold an executive session to consider information that is embarrassing or personal? A: Not unless the discussion falls within one of the 8 purposes listed in 92-5. Executive Meetings Q: Must a board give notice that it intends to convene an executive meeting? A: Yes, if the executive session is anticipated in advance. However, the board is also allowed to convene an executive session if the need arises (e.g. to consult with attorney) anticipated in advance. even if it was not Minutes Required by HRS 92-9 Date, time, and place of meeting Members absent or present Substance of all matters proposed, discussed, or decided and votes taken Any other information Executive meeting minutes may be withheld Robert's Rules of Order Govern the procedure for board meetings Generally there is a main motion, which must be seconded in order to discuss Members can debate the motion, members must obtain the floor, then close debate Typically done by voice vote "all those in favor"? Need a majority vote to take an action Ethics Hawaii County Code, Article 15 Hawaii County Charter, Article 14 "Elected and appointed offcers and employees shall dem onsrxa to the highest standard ofethlcal conduct so tha t the public may ha Ve trust and confidence in the jntegrit)7 of the government. " - HawalY Counqr Charter, Section XIV Hawaii County Code of Ethics ■ Article 15, Hawai'i County Code Applies to all County officers and employees ■ Presumed to know the requirements of the ethics code ■ Code is interpreted by County Board of Ethics ■ Citizens and employees may file petitions • Officer: "Any person appointed as a member of a board or commission specifically provided for in the Charter, but not including boards and commissions having only advisory powers and functions." Fair treatment — HCC § 2.83 You shall not use your official position to.... ■ Secure or grant unwarranted privileges, exemptions, advantages, contracts, or treatment for oneself or others. Utilizing public property for personal purposes ■ Seek personal benefits using position ■ Receive consideration for performance of duties, except as provided by law Engage in transactions with subordinates Contracts with businesses in which you or immediate family member has a controlling interest ■ Unless disclosure + opinion no conflict exists Conflicts of Interest — HCC 2.84 § 2-84(a) No officer or employee shall take any official action directly affecting: (1) A business or other undertaking in which 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; (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. Conflicts of Interest Would personal or financial interests interfere with your duty to the public? Note: This is also prospective. Also cannot acquire an interest in a business if you reasonably believe may be directly involved in any action you take in your official capacity. Public Contracts 2-85: Generally, cannot enter into a contract with a business in which you or immediately family member (spouse, siblings, children, grandparents, or parents) have a controlling interest if exceeds $10,000, unless Disclosure of relationship; Opinion from Ethics board hat no conflict exists; ■ Contract award by IFB or RFP; and ■ Notice filed with board of ethics 10 days before contract is awarded. Complete bar for employees who participated in subject matter within preceding two years. Hawaii County Charter, Article XIV Conflicts of Interest Section 14-2(e) It shall constitute a conflict of interest for employees or officers of the county to: (e) Appear on compensation other than a c( behalf of private interests for before any agency of the county curt of law, nor represent private interests in any action or proceeding against the interest of the county in any litigation to which the county is a party... Hawaii County Charter, Article XIV Conflicts of Interest The failure to comply with the provisions of sections 14-2 to 14-4, inclusive, shall constitute a cause for suspension, removal from office or employment, or such other penalty as the council may prescribe by ordinance, or other remedy as may be available by law. Gifts § 2-91.4. Gifts. No officer or employee shall solicit, accept, or receive, directly or indirectly, any gift, whether in the form of money, service, loan, travel, entertainment, hospitality, thing, or promise or in any other form, under circumstances in which it can reasonably be inferred that the gift is intended to influence the officer or employee in the performance of the officer's or employee's official duties or is intended as a reward for any official action on the officer's or employee's part Gifts Required to report or disclose annually gifts received if valued singly or in the aggregate of $100 Source of gift has interests which may be affected by official action; and No exemption applies (HCC 2-91.5) ■ Intestate succession, trust, gifts from a spouse, fiance, relatives within four degrees of cosanguinity, political contributions, distributed generally to public, gifts returned to giver or delivered to charity within 30 days Confidentiality Provision Hawaii County Code § 2-91.6 No officer or employee shall disclose information which by law or practice is not available to the public and which the officer or employee acquires in the course of the officer's or employee's official duties, or use the information for the officer's or employee's personal gain or for the benefit of anyone. Note this provision covers both confidential and privileged i nformation. Confidential Information Don't disclose information you receive due to your position on the board and not generally known to public; and Cannot use any information you gain from position on board to your personal benefit or anyone else's Note: this applies post -board membership Disclosures HCC 2-91.1 As a board member, must file a financial disclosure (confidential) All sources of income > $1,000 annually Creditors owing over $3,000 to Beneficial interests ■ Officership, directorship, trusteeship, or other fiduciary relationship Real Estate Names of clients personally represented before County agencies for a fee during prior year