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HomeMy WebLinkAbout2023-03-15 Board of Ethics AgendaBoard of Ethics 03/07/2023 11:01 AM 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 15, 2023 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, March 14, 2023. Anyone wishing to testify orally online via Zoom must sign up by 12 noon, Tuesday, March 14, 2023, 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 ITEM 3. APPROVAL OF THE REGULAR SESSION MINUTES a. Approval of the regular session minutes of February 15, 2023. 4. NEW BUSINESS Petition 2023-03: Review of a Petition from a County Official seeking clearance and guidance regarding a potential conflict of interest. Board of Ethics 03/07/2023 11:01 AM 5. UNFINISHED BUSINESS Petition 2023-01: Review draft order dismissing a Petition complaint regarding two Planning Department employee, alleging violation of Section 2-83 (Fair Treatment), and 2-84 (Conflicts of Interests) of the Ethics Code. b. Petition 2022-16: Review of complaint regarding two Planning Department employees, alleging violation of Section 2-83 (Fair Treatment) of the Ethics Code. Petition 2022-13: Continued review of complaint regarding a Planning Department employee, alleging violation of Section 2-83 (Fair Treatment) of the Ethics Code. 6. CONTINUED DISCUSSION REGARDING AMENDMENTS TO THE RULES OF PRACTICE AND PROCEDURE OF THE BOARD OF ETHICS AND THE HAWAI`I COUNTY CHARTER AND COUNTY CODE. 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 February 15, 2023. 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: Name Position County Agency 1. Kelly Valenzuela Commissioner Board of Ethics 2. John Andoh Administrator Mass Transit Agency 3. Benjamin Tatsumi Faustino Agdeppa Commissioner Transportation Commission 4. Benjamin Tatsumi Faustino Agdeppa Commissioner Fire Commission Board of Ethics 03/07/2023 11:01 AM Name Position County Agency 5. Stephen D. Lopez Board Member Water Board 6. Lawrence Suenishi Buyer II 7. Laurisa Nishimoto Commissioner Liquor 8. Joshua Milks Civil Engineer V Public Works — Engineering 9. Denise Nakanishi Board Member Board of Ethics 10. Jennifer Wilkinson Commissioner Liquor 11. Daina Noelani Saiki Commissioner Board of Appeals 12. David Wiseman Board Member Board of Appeals 13. Lawrence Heintz Board Member Board of Ethics 14. Myrick W. (Rick) Gaffney Commissioner Environmental Management Commission 15. Nichael Joseph O'Loughlin SR Commissioner Transportation Commission 16. Howard A. Kelly Board Member Liquor Control Adjudication Board 17. Joyce Unoki Board Member Pension Board 18. Daina Noelani Saiki Board Member Board of Appeals 19. Steven G. Pavao Commissioner Salary Commission 20. Dwayne T. Mukai Chairman Department of Liquor Control 21. Dawn Raymond Commissioner Liquor 22. Tyler J. Benner County Auditor Office of the County Auditor 23. Donna M. Springer Commissioner Police Commission 24. Harry Lee McIntosh III District 6 Commissioner Environmental Management Commission 25. Donala Kawaauhau Board Member Salary Commission 26. Neva K. Supe-Roque Membership Hawaii County Commission Transportation 27. Denby Toci Vice Chair Police Commission 28. Pomaikai M. Bartolome Executive Assistant Office of the Mayor 29. Gene Nakashima Commissioner Fire Commission 30. Brian Iwamoto Real Property Appraiser Finance - Real Property Tax 31. David S. De Luz, Jr. Board Member DWS & WDB 32. Ernest Texeira Real Property Valuation Analyst Finance — Real Property Tax 33. Dell H. Otsuka Commissioner Environmental Management Board of Ethics 03/07/2023 11:01 AM Name Position County Agency 34. Laurisa Nishimoto Commissioner Liquor 35. Kaleb Meno Real Property Valuation Analyst Finance — Real Property Tax 36. Charles V. Kunz Board Member Merit Appeals Board 37. Arthur K. Taniguchi Board Member Liquor Adjudication Board 38. Jennifer Yadao Commissioner Liquor 39. Jennifer Wilkinson Commissioner Liquor 40. Michael Bell Board Member Water Board 41. Richard Henderson II Board Member Board of Appeals 42. Guillerma Sumera Board Member Pension Board 43. Ronald Ibarra Commissioner Liquor 44. Steven Hirakami Chairperson Water Board 45. Dylan Andrion Commissioner Police Commission 46. Charles Tatsuhara Real Property Appraiser 1 Finance — Real Property Tax 47. Carol Ann Marumoto Vice Chair Pension Board 48. Douglas A. Espejo Commissioner Liquor 49. Matthew Radmilovic Real Property Appraiser V Finance — Real Property Tax 50. Michael Okumoto Board Member Tax Board of Review 51. Sidney Fuke Vice Chair & Chair Liquor Control Adjudication Board 52. Raynette V. Mar Real Property Appraiser Finance 53. Gabriella M. Cabanas Member & Chair Merit Appeals Board 54. Jon Olson Vice Chair Environmental Management Commission 55. Corey Luke Commissioner Fire Commission 56. Dori Ann Hoohuli Real Property Tax Appraiser IV Finance — Real Property Tax 57. Kea Keolanui Board Member Department of Water Supply 58. Kate De Soto Board Member Merit Appeals Board 59. Rabbi Rachel Short Board Member Board of Ethics 60. Paula Thomas Gotshalk Commissioner Liquor 61. Anthony K.Y. Sur Commissioner Police Commission 62. Dylan Andrion Commissioner Police Commission Board of Ethics 03/07/2023 11:01 AM Name Position County Agency 63. George R. Robinson Commissioner Police Commission 64. John Burns Commissioner Environmental Management Commission 65. Marla Shon Magsalin Commissioner Fire Commission 66. Walter R. Lucas Chairman Pension Board 67. Geor can L. Adams Commissioner Environmental Management Commission 68. Julann Sonomura Building Chief Department of Public Works 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. Anthony K. Y. Sur Commissioner Police Commission 2. Barbara DeFranco Chair Leeward Planning Commission 3. Ralph Brown Real Property Tax Appraiser Finance — Real Property Tax 4. Louis V. Daniele III Commissioner Windward Planning Commission 5. Dawood Farahi Board Member Salary Commission 6. Christopher Ho Board Member Board of Ethics 7. Dennis Lin Chairperson Windward Planning Commission 8. Denise S. Nakanishi Board Member Board of Ethics 9. Donala Kahealani Kawaauhau Board Member Salary Commission 10. Dale K. Tokuuke Commissioner Tax Board of Review 11. Samuel Nelson Board Member Salary Commission 12. John C. Cross Commissioner Windward Planning Commission 13. Maija Jackson Planning Program Manager Planning Department 14. David R. Greenwell District 9 Commissioner Liquor Commission 15. Melvin Ventura Board Member Merit Appeals Board 16. Wilfred Okabe "Wil" Commissioner Liquor Commission d. Continued review of Gift Disclosures filed pursuant to Section 2-91.5(a), by County board and commission members and designated County employees, Board of Ethics 03/07/2023 11:01 AM where personal matters will be reviewed: Name Position County Agency 1. Mitchell D. Roth Mayor County of Hawaii 2. Zendo Kern Director Planning Department 3. Thomas Olson Staff Officer Civil Defense Agency 4. Talmadge Magno Administrator Civil Defense Agency 8. ANNOUNCEMENTS The next monthly meeting of the Board of Ethics is scheduled for Friday, April 14, 2023 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 by appointment, 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.