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Home My WebLink About2022-05-11 Board of Ethics AgendaBoard of Ethics 05/05/2022 12:30 PM BOARD OF ETHICS, County of Hawaii `•.•_, 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 Tel. No. (808) 961-8251 % DFN►.1 AGENDA DATE: Wednesday, May 11, 2022 TIME: 10:00 a.m. PLACE: Hawaii County Building, Council Chambers, 25 Aupuni Street, Hilo, HI 96720 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. 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@hawaiicouniy_.gov or 808-961- 8251 no later than 12 noon, Tuesday May 10, 2022. Anyone wishing to testify orally online via Zoom must sign up by 12 noon, Tuesday May 10, 2022, by contacting Liza Osorio. 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. CALL TO ORDER 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS 3. APPROVAL OF THE REGULAR SESSION MINUTES OF APRIL 7, 2022 4. NEW BUSINESS Petition 2022-07: Petition alleging that the Prosecuting Attorney violated Section 2-83(3) Fair Treatment and Section 2-84(c) of the Ethics Code. b. Petition 2022-08: Petition from a Department of Environmental Management employee seeking approval and assurance that there is no conflict of interest with a contract for services under County IFB No. 4211 (Septage Hauling) made with E. Watanabe and Sons Services, LLC, in which he also has controlling interest. 5. UNFINISHED BUSINESS Petition 2022-04: Review draft Informal Advisory Opinion of a Petition from a County employee seeking approval and assurance that there is no conflict of Board of Ethics 05/05/2022 12:30 PM interest for her to do contract work (5 hours a week) as an executive assistant with the Stupski Foundation. This work would be done after her normal full-time County employment ceased (after hours). b. Petition 2022-05: Review draft Informal Advisory Opinion of a Petition from an Office of Housing Community Development employee seeking guidance on whether a conflict of interest exists in preparing drawings and filing building permit applications with the Department of Public Works on behalf of property owners or himself. Petition 2022-06: Review draft Informal Advisory Opinion of a Petition from an Office of Housing Community Development employee seeking guidance on whether a conflict of interest exists as Housing Specialist III who is looking to obtain their Real Estate license to list/sell homes, some of which may be Section 8 properties. 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. Continued review of Legal Opinion by Deputy Corporation Counsel Dakota Frenz regarding whether Chair Heintz's proposed additions to the Code of Ethics are consistent (or inconsistent) with the Hawai'i County Charter. b. Review Deputy Corporation Counsel Dakota Frenz and Chair Larry Heintz's amendments to the Appearance of Impropriety Section 2-83. Review recommended changes from the LRB regarding Code Amendments passed by the Board of Ethics in February 2022. 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. Review of the executive session minutes of April 7, 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: Board of Ethics 05/05/2022 12:30 PM Name Position County Agency 1. Lauren K. Balog Commissioner Windward Planning Commission 2. Louis V. Danielle III Commissioner Windward Planning Commission 3. Wayne K. De Luz Commissioner Leeward Planning Commission 4. Zaheva Knowles Commissioner Planning Commission 5. Stefan A. Talerico Investigator Dept of Liquor Control 8. ANNOUNCEMENTS The next monthly meeting of the Board of Ethics is scheduled for Wednesday, June 8, 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.