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HomeMy WebLinkAbout2022-03-16 Board of Ethics AgendaBoard of Ethics 03/10/2022 12:18 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 March 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. Osorioghawaiicounty_.gov or 808-961- 8251 no later than 12 noon, Tuesday March 15, 2022. Anyone wishing to testify orally online via Zoom must sign up by 12 noon, Tuesday March 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@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. 1. CALL TO ORDER 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS 3. APPROVAL OF THE REGULAR SESSION MINUTES OF FEBRUARY 16, 2022 Board of Ethics 03/10/2022 12:18 PM 4. NEW BUSINESS Petition 2022-02: Review of a Petition from a County employee requesting to volunteer on a County of Hawaii Board or Commission. b. Petition 2022-03: Review of a Petition from a County employee seeking guidance and clearance on the Mayor's office accepting donations for disbursement into the local community for two separate events, (1) towards children of Child and Family Services, and (2) vulnerable elderly through Hope Services Hawaii (applicable fliers attached). Review letter from Council Member Sue Lee Loy to the Board of Ethics regarding a request to expand their membership. 5. UNFINISHED BUSINESS Petition No. 2021-18: Review draft Informal Advisory Opinion of a Petition 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) 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. Review Legal Opinion by Deputy Corporation Counsel Dakota Frenz regarding Chair Heintz's proposed additions of Code of Ethics Sections for "Failure to Discharge" and "Appearance of Fairness Doctrine", and whether these proposed legislative additions are consistent (or inconsistent) with the Hawai'i County Charter. 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, 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 February 6, 2022. 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: 2 Board of Ethics 03/10/2022 12:18 PM Name Position County Agency 1. David Abelaye Supervising Building Inspector Public Works — Building Division 2. Wallace Adviento Plumbing Inspector Public Works — Building 3. Stafford Akoni Supervising Project Construction Inspector Public Works - Engineering 4. Bilal Al Bayati Civil Engineer I Public Works — Engineering 5. Conrad Y. Alicuben Construction Inspector Public Works - Engineering 6. Aaron Birkholz Civil Engineer I Public Works - Engineering 7. Evan Chun Assistant Building Inspector Public Works 8. Melanie Demello Civil Engineer IV Public Works - Engineering 9. Chris Domino Building Plans Examiner Public Works — Building 10. Neil Erickson Plans Examining Manager Public Works 11. Joel Fitzgerald Building Plans Examiner Public Works 12. Stephen Frye First Deputy Prosecuting Attorney COH Prosecutors Office 13. Kelly Galdones Engineering Support Technician IV Public Works - Engineering 14. Dion A. Gonzalez Civil Engineering I Public Works — Engineering 15. Bryce Harada County Floodplain Manager/CE IV Public Works — Engineering 16. Wendy Hunt Appraiser Real Property Tax 17. Mae S. Ikeda Pension Board County Clerks Pension Board 18. Dwayne N. Inouye Supervising Building Inspector Public Works — Engineering 19. Stephanie Letro Buyer I Finance 20. Walter R. Lucas Vice Chairman Pension Board 21. Jack K. Manini Electrical Inspector Public Works — Building 22. Carol Ann Marumoto Pension Board Pension Board 23. Robyn A. Matsumoto Civil Engineer V Public Works — Engineering 24. Stephen K. McCord, Jr. Electrical Engineer 11 Public Works — Building 25. Sandra E. Mendonca Civil Engineer IV Public Works - Engineering 26. Joshua Milks Civil Engineer V Public Works - Engineering 27. Franklin Nacis Electrical Inspector Public Works - Building Board of Ethics 03/10/2022 12:18 PM Name Position County Agency 28. Matt I. Okuno Engineering Support Tech IV Public Works - Engineering 29. Nathan Osorio Building Inspector Public Works — Building 30. Kasen Pacheco Civil Engineer V Public Works - Engineering 31. Freddie Ray J. Pagala Building Inspector Public Works - Building 32. Bailey Pimentel Civil Engineer I Public Works — Engineering Kona 33. Tracy Pokipala Plumber Inspector Public Works - Building 34. Wayne Saiki Supervising Electrical Inspector Public Works — Building 35. Lisa Saplan Engineering Support Tech Public Works — Engineering 36. Thomas Segovia, Jr. Electrical Inspector Public Works — Building 37. Charlie V. Silvano. Electrical Inspector Public Works — Building 38. Allan G. Simeon CE -V Public Works 39. John Soo Engineering Support Tech IV Public Works - Engineering 40. Todd Spencer Plumbing Inspector Public Works 41. William Stewart Building Inspector Public Works (Kona) 42. Robin Takamoto Engineering Support Tech III Public Works - Engineering 43. Neal Tanaka Acting Building Division Chief Public Works - Building 44. Tod R. Tanimoto Building Plans Examiner Public Works — Building 45. Alan Keone Thompson Engineering Division Chief Public Works — Engineering 46. Kerwin Tokeshi Senior Project Construction Inspector Public Works - Engineering 47. Steven R. Tossmanm Supervising Plumbing Inspector Public Works — Building 48. Brad Uemoto Civil Engineer I Public Works - Engineering 49. Patrick Vereze Engineering Support Technician IV Public Works - Engineering 50. Romeo Visaya Engineering Support Tech III Public Works - Engineering 51. John M. Walker Transit Commissioner Mass Transit 52. Kelly Wilson Architect II Public Works — Building 53. Jennifer Yadao Liquor Commissioner Liquor Commission Board of Ethics 03/10/2022 12:18 PM 8. ANNOUNCEMENTS The next monthly meeting of the Board of Ethics is scheduled for Thursday, April 7, 2022, at 10:00 a.m. at the Hawaii County Building, Council Chambers, 25 Aupuni Street, Hilo, Hawai'i 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.