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HomeMy WebLinkAbout2022-02-16 Board of Ethics AgendaBoard of Ethics 02/10/2022 12:02 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 February 16, 2022 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 an Emergency Proclamation Related to Sunshine Law In -Person Meetings dated December 29, 2021, suspending Hawai'i Revised Statutes Chapter 92-3.7 Remote Meeting By Interactive Conference Technology; Notice; Quorum, as to be modified by Act 220, 2021 Haw. Sess. Laws 801 on January 1, 2022, only to the extent necessary to suspend the requirement to have at least one meeting location that is open to the public. 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@hawaiicounty.gov or 808-961- 8251 no later than 12 noon, Tuesday February 15, 2022. Anyone wishing to testify orally online via Zoom must sign up by 12 noon, Tuesday February 15, 2022, 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. 1. CALL TO ORDER 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS 3. APPROVAL OF THE REGULAR SESSION MINUTES OF DECEMBER 6, 2021 Board of Ethics 02/10/2022 12:02 PM 4. NEW BUSINESS Petition 2021-18: Review of a Petition requesting an Informal Advisory Opinion regarding a potential conflict of interest for contractual uniform alteration work done by Sew & Go at the request of the Mass Transit Agency; the owner of Sew & Go is a County of Hawai'i employee (not employed within the Mass Transit Agency). 5. UNFINISHED BUSINESS Petition No. 2021-13: Review draft Informal Advisory Opinion of a Petition from the Chair of the Merit Appeals Board seeking guidance on potential conflicts with the Acting Director of Human Resources. b. Petition 2021-14: Review draft Informal Advisory Opinion of a Petition requesting an Informal Advisory Opinion of a 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: Continued review of a draft Order dismissing a 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). 6. CONTINUED DISCUSSION REGARDING AMENDMENTS TO THE RULES OF PRACTICE AND PROCEDURE OF THE BOARD OF ETHICS AND THE HAWAII COUNTY CHARTER AND COUNTY CODE. a. Correspondence dated December 4, 2018, from Ken Goodenow. b. Sections 2-86, 2-87, 2-88 and 2-90 of the Hawaii County Code. i. Section 2-86. Informal Advisory Opinions (b) [Alleged iiege rV,,,,, uet of c,,.,,eone ethe . than T,,,,uife,..] Complaints. [Any pefsen the beafd itself., may petition violation of the . ede of ethies by ., effi e f o o x.leye0.] Any person may submit a written complaint to the board, which shall be signed by the complainant. The [petition] complaint shall be filed within six years of the alleged violation. [A petition shall be deetned to have been file a when it is feeeived by the beafd of when a tnajeq-7ity of th o.,,be fs to w-hieh the beafd ; entitled sign the petition.] Nothing herein shall bar proceedings against a person who, by fraud or other device, prevents the discovery of a violation of the code of ethics. [This opinion shall b -e infeffnal i ,,.,tffe and all] Nothing herein shall prevent the 2 Board of Ethics 02/10/2022 12:02 PM board from initiating a complaint by a majority vote in open session. All proceeding involving the investigation and deliberation of such inquiry shall, upon the request of the County officer or employee involved, be confidential, provided, the board determines that personal matters affecting the privacy of the County officer or employee are to be considered. Upon receipt of the [petition] complaint, the board: (1) Through its chairman, shall notify the County officer or Employee involved and shall request a statement indicating whether or not the officer or employee wishes a closed hearing. (2) Shall notify the officer or employee against whom a charge is received and afford the officer or employee an opportunity to explain the conduct alleged to be in violation of this article. (3) The board may investigate, after compliance with this section, such charges and render an informal advisory opinion on the alleged conduct. The officer or employee involved shall comply with the informal advisory opinion issued by the board, unless a formal hearing is requested. (c) Any petition or complaint filed under this section shall be submitted in duplicate and shall contain: (1) The name, address and telephone number of the petitioner; (2) A statement of the nature of petitioner's interest including reasons for the submission of the petition; (3) The specific provision of the code in question; (4) A complete statement of facts; (5) A statement of the position or contention of the petitioner; and (6) a memorandum of authorities, containing a full discussion of the reasons in support of such position or contention. Any petition or complaint which does not substantially comply with the foregoing requirements may be rejected. In addition, the board may, for good cause, reject any petition or complaint. ii. Section 2-87. Formal Opinions. Board of Ethics 02/10/2022 12:02 PM (a) A formal hearing shall be conducted upon motion by the board in accordance with Chapter 91, Hawaii Revised Statutes. The board shall not unreasonably deny a written request for a formal hearing by a complainant or respondent following an informal hearing or complaint. (e) [After the > ea fi-ag] Within a reasonable time after final arguments have been completed and all requested submissions filed with the board, the board shall issue a formal written opinion on the alleged conduct which shall include findings of fact and conclusions of law [be given to the ,,.a e! ,' ,,,I ,— of e x.leye0 shall be i ;1. — and signed by thfee eq -7 ineq-7e of the inember-s of the beaf-d.] The formal opinion shall be ratified in open session without disclosing the names of the complainant or the respondent. (f) If the board has determined that a civil fine should be imposed against the respondent, the formal opinion shall state the amount of the fine to be imposed. (g) The board may also make recommendations to the respondent's appointing authority or to the county council, in the case of elected officials, provided the board finds that sufficient grounds exist to recommend appropriate action be taken. Section 2-88. Disposition after issuance offormal opinion f there ; no eemplianee of ., f6fi,,.,1 opinione ., rs an effieef feinevable only by 0 aehinent, the beafd shall 1 .a r the the eomi The issue �rEeiirprisiiTcisircrr �utterte Board of Ethics 02/10/2022 12:02 PM (a) The board shall transmit the formal opinion to the appointing authority, or in the case of elected officials, to the county council, for appropriate disposition. (b) The board shall publish the formal opinion with such deletions as may be required by law. (c) The board may recover any civil fines imposed pursuant to this section and may, through the corporation counsel, institute proceedings to recover any civil fines. iv. Section 2-90 Confidentiality (a) Any board member, [including the indit",a,,.,l] or person making [the edge] a complaint, who divulges confidential information concerning [the ehafge] a complaint or investigation [prier to the issuanee of the eemplaint by th )n diseleses that the eemplaint should not be issued by the beafd, at any time divulges any infennation fg ge,o .7 the es E6iiEeri � �ai--�urgcsh�cvntts vr Board of Ethics 02/10/2022 12:02 PM ,asses] except as permitted by the board, shall be guilty of a misdemeanor which shall be punishable by a fine of not more than $500. If a board member is violation of this section, the board member may be subject to dismissal from this board. Three topics proposed by BOE member Heintz on 12-6-2020 i. Section 2-83. Failure to Discharge Officers and employees of the County shall carry out the duties and responsibilities of their office(s). Inaction, nonperformance, or omission of action shall constitute a failure to discharge their oath of office and thereby a violation of the Code of Ethics ii. Section 2-84. Appearance of Fairness Doctrine (e) Officers and employees of the County while discharging their duties and dealing with the public, shall adhere to the Appearance of Fairness Doctrine. (1) Official decisions and actions should be made in fair and equitable manner, without being affected by bias, prejudgment, or personal prejudice, but rather taking into account only the merits of the matter, and respecting the rights of affected citizens. (a) This doctrine requires that all decision making be 1) procedurally fair and 2) conducted by the decision makers who appear to be impartial. (b) This doctrine applies to all members of governing bodies, councils, boards and commissions of the County of Hawaii. iii. Revisions of the Oath of Office: 114 , do solemnly share or affirm that I will support and defend the Constitution of the United States ofAmerica, the Constitution of the State ofHawai'i, and the Charter of the County of Hawai'i, and that I will faithfully discharge my duties as to the best of my abilities." 7. 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, Board of Ethics 02/10/2022 12:02 PM 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 December 6, 2021. b. Review of Confidential Financial Disclosure Forms filed pursuant to Section 2- 91.1(d), Hawai'i County Code, by County board and commission members and designated County employees, where personal matters will be reviewed: Name Position County Agency 1. Jay Adair Investigator Trainee Liquor Control 2. Jay Adair Investigator Trainee Liquor Control 3. Geor can Adams Commissioner Environmental Management Commission 4. Bilal Al Bayati Civil Engineer I Public Works 5. Shannon Arquitola Appraiser Finance — Real Property Tax 6. Rodney B. Astrande Supervisor Plumbing Inspector Public Works — Building 7. Dean Au Commissioner Windward Planning Commission 8. Michael R. Bell Member Water Board 9. ZoeAnn Bertelmann Liquor Investigator Trainee Liquor Control 10. V. Diane Blancett-Maddock Member Tax Board of Appeals 11. Harry Dan Boyko Building Inspector Public Works 12. Gabriella M. Cabanas Member and Chair Merit Appeals Board 13. Nestor Cacho Investigator II Liquor Control 14. Brandon Cain Valuation Analyst Finance — Real Property Tax 15. Darin A. Calicdan Traffic Inspector Public Works 16. Edward A. Chang Plumbing Inspector Public Works 17. Richard Cunningham Member Board of Appeals 18. Kristy LK Cruz Member Transportation Commissions 19. Justin Chun Lee Member Board of Appeals 20. Mattson C. Davis Member Board of Appeals 21. Barbara DeFranco Commissioner Leeward Planning Commission 22. David S. DeLuz, Jr. DWS member/Chair Water Board/Vice Chair Water Supply/Water Board 23. Eric Dennis Real Property Appraiser Finance 7 Board of Ethics 02/10/2022 12:02 PM Name Position County Agency 24. Kate De Soto Member Merit Appeals Board 25. Faylene Mahina Paishon Duarte Commissioner Leeward Planning Commission 26. Lewis DuBois Engineering Support Technician II Public Works — Engineering 27. Stephen G. Frendo Liquor Investigator Liquor Control 28. Stephen Frye First Deputy Prosecuting Attorney Prosecutor's Office 29. Sidney M. Fuke Member Liquor Adjudication Board 30. Rick Gaffney Commissioner Environmental Management Commission 31. Michelle Galimba Commissioner Planning Commission 32. Brandon Gonzalez Administrative Officer Liquor Control 33. Paula Thomas Gotshalk Commissioner Liquor Commission 34. Judy Greenbaum Member Salary Commission 35. Troy Haspe Electrical Inspector Public Works - Building 36. Lawrence L. Heintz Chair Board of Ethics 37. Kirby Higaki Traffic signal & street light inspector Public Works — Traffic 38. Steven Hirakami Vice -Chairman Water Board 39. David Hodson Electric Inspector Public Works — Building 40. David A. Holbrook Building Inspector Public Works — Building 41. Brett Hosaka Appraiser Finance - Real Property Tax 42. Michael Hughes Member Liquor Adjudication Board 43. Burton P. Hunter Investigator II Liquor Control 44. Ronald Ibarra Commissioner Liquor Commission 45. Sally J. Kaaiakamanu Appraiser IV Finance — Real Property Tax 46. Gary Kaho'ohanohano Supervising Electric Inspector Public Works 47. Howard A. Kelly Member Liquor Adjudication Board 48. Kea Keolanui Member Water Board 49. Stanford Klask Assistant Building Inspector Public Works - Building 50. Andrew Kouchi Investigator II Liquor Control 51. Daniel Lee Structural Engineer Public Works - Building Board of Ethics 02/10/2022 12:02 PM Name Position County Agency 52. Samuel -Dennis Kahinu Lee Building Inspector Public Works - Building 53. Dennis Lin Commissioner Windward Planning Commission 54. Jennifer Long Appraiser 4 Finance - Real Property Tax 55. Jack Manini Electrical Inspector Public Works — Building Dept. 56. Mary Makua Investigator Liquor Control 57. Ramzi Issa Mansour Director Environmental Management 58. Raynette V. Mar Appraiser Finance — Real Property Tax 59. Lance Martin Building Inspector Public Works - Building 60. Gay Mathews Director Merit Appeals Board 61. Harry Lee McIntosh III District 6 Commissioner Environmental Management Commission 62. Lisa K. Miura Administrator Finance — Real Property Tax 63. Dwayne T. Mukai Chairman Liquor Control 64. Ivan P.T. Okinaka Electrical Inspector Public Works — Building 65. Michael Okumoto Member Tax Board of Review 66. Steven G. Pavao Commissioner Salary Commission 67. Rod Quartararo Commissioner Police Commission 68. Dawn Raymond Commissioner Liquor Commission 69. Elyse Robinson Commissioner Environmental Management 70. Allen A. Salavea Commissioner Liquor Commission 71. Brandon K. Silva Plumbing Inspector Public Works - Building 72. Riley W. Smith Member Liquor Commission 73. Donna M. Springer Commissioner Police Commission 74, Mark A. Stroud Building Inspector Public Works - Building 75. Guillerma Sumera Member Pension Board 76. Neva K. Supe -Roque Member Transportation Commission 77. Anthony K. Y. Sur Member Police Commission 78. Aaron Takaba Division Chief Public Works - Traffic 79. Arthur K. Taniguchi Member Liquor Adjudication Board 80. Ernest Texeira Valuation Analyst Finance — Real Property Tax 81. Daniel D. "Niel" Thomas Member Board of Appeals 82. Rick S. Uchida Electrical Inspector Public Works - Building Board of Ethics 02/10/2022 12:02 PM Name Position County Agency 83. Melvin Ventura Member Merit Appeals Board 84. Michael Vitousek Chairman Leeward Planning Commission 85. Faith Yates Commissioner Leeward Planning Commission 8. ANNOUNCEMENTS a. The next monthly meeting of the Board of Ethics is scheduled for Wednesday, March 16, 2022, 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. 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. 10