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Home My WebLink About2022-11-09 Board of Ethics AgendaBoard of Ethics 11 /03/2022 01:27 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, November 9, 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 the Board of Ethics at boardofethics@hawaiicounly.gov or 808-961-8251 no later than 12 noon, Tuesday November 8, 2022. Anyone wishing to testify orally online via Zoom must sign up by 12 noon, Tuesday November 8, 2022, by contacting the Board of Ethics. 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 boardofethics@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. Presenting Oral Testimony: The Board will hear public testimony at the beginning of meeting or when the respective agenda item is called or as allowed at the sole discretion of the Chair. Public testimony is limited to three (3) minutes, please plan accordingly. CALL TO ORDER 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS 3. APPROVAL OF THE REGULAR SESSION MINUTES OF OCTOBER 12, 2022 4. NEW BUSINESS a. Review potential meeting dates for 2023 calendar year. 5. UNFINISHED BUSINESS Nomination of the new Vice Chair of the Board of Ethics. Board of Ethics 11 /03/2022 01:27 PM b. Petition 2022-10: Review draft order dismissing anonymous complaint regarding a Council member alleging a violation of Section 2-84 of the Ethics Code. Petition 2022-11: Review draft order dismissing complaint alleging suspicious activity and violations of professional ethics by County employees, specifically Section 14-4(c) of the Ethics Code regarding the Conduct of Employees, stating that all persons shall be treated in a courteous, fair, and impartial manner. d. Petition 2022-12: Continued review of complaint regarding a Deputy Prosecutor, alleging a violation Section 2-83 (Fair Treatment) of the Ethics Code. Continued by agreement of the parties to the January 11th, 2023 Board of Ethics meeting. Petition 2022-13: Continued review of complaint regarding a Planning Department employee, alleging violation of Section 2-83 (Fair Treatment) of the Ethics Code. Continued by agreement of the parties to the December 141h, 2022 Board of Ethics meeting. 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. Continued review of amendments to add Appearance of Impropriety to Hawaii County Code Section 2-83. b. Continued review of the recommended changes from the Legislative Review Board regarding Hawaii County Code February 2022 Amendments. 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 Hawaii, 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 Hawaii 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 October 12, 2022. b. Continued 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 11 /03/2022 01:27 PM Name Position County Agency 1. John Andoh Administrator Mass Transit 2. Benjamin Agdeppa Commissioner Transportation Commission 3. Benjamin Agdeppa Commissioner Fire Commission 4. Stephen D. Lopez Member Water Board 5. Lawrence Suenishi Buyer III Department of Finance 6. Laurisa Nishimoto Commissioner Liquor Commission 7. Denise Nakanishi Member Board of Ethics 8. David Wiseman Member Board of Appeals 9. Joshua Mils Civil Engineer Public Works 10. Jennifer Wilkinson Commissioner Liquor Commission 11. Daina Noelani Saiki Commissioner Board of Appeals Continued review of Gift Disclosures filed pursuant to Section 2-91.5(a), by County board and commission members and designated County employees, where personal matters will be reviewed: Name Position County Agency 1. Mitchell D. Roth Mayor County of Hawaii 2. Zendo Kern Director Planning Department 8. ANNOUNCEMENTS The next monthly meeting of the Board of Ethics is scheduled for Wednesday, December 14, 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 808-961-8251, 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. Board of Ethics 11 /03/2022 01:27 PM 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.