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HomeMy WebLinkAbout02-14-24 Regular Session Minutes1 HAWAI‘I COUNTY BOARD OF ETHICS MINUTES – REGULAR SESSION Wednesday February 14, 2024 10:03 a.m. – 12:36 p.m. Hawai‘i County Building 25 Aupuni Street County Council Chambers Hilo, Hawai‘i 96720 Members and Staff Present: Rachel Short, Chair Christopher Ho, Vice Chair Paul Paiva, Member Denise Nakanishi, Member Erick Allende, Member Sylvia Wan, Deputy Corporation Counsel Khayla-Lei K. Peiler, Secretary 1. CALL TO ORDER (10:03 a.m.) Ms. Short called the meeting to order at 10:03 a.m. Present were Rachel Short, Christopher Ho, Paul “Scotty” Paiva, Denise Nakanishi, Erick Allende, Sylvia Wan, and Khayla-Lei Peiler. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (10:03 a.m.) Ms. Short: Good morning everyone this is the Hawaii County Board of Ethics meeting for February 14, 2024 being held at the Hawaii County Building Council Chambers. I am Rachel Short I am the Chair of the Board. I’ll let the other Members introduce themselves. Mr. Ho: Chris Ho. Vice Chair. Ms. Nakanishi: Denise Nakanishi. Mr. Allende: Erick Allende. Mr. Paiva: Paul “Scotty” Paiva Ms. Wan: And also Deputy Corporation Counsel Sylvia Wan and also present to my right is the secretary to the Board Khayla Peiler. Ms. Short: Thank you very much everyone for being here this morning. Just a friendly reminder, that under HRS 92-3 of the sunshine law the board may remove any person who willfully disrupts a meeting to 2 prevent or compromise the conduct of this meeting. All persons appearing before this board are reminded to conduct themselves in a courtesy manner. At this time do we have any statements from the public, in person or via Zoom? Ms. Wan: Deputy Corporation Counsel, Sylvia Wan, um Chair we do not have anyone signed up for public testimony at this time. Ms. Short: Wonderful thank you so much. Moving quickly along to agenda item 3a the approval of the regular session minutes from January 11, 2024. Did everyone on the Board have a chance to review those minutes? 3. APPROVAL OF THE REGULAR SESSION MINUTES (10:04 a.m.) a. Approval of the regular session minutes of January 11, 2024. Ms. Short: Would someone like to make a motion to approve those minutes? Ms. Nakanishi: I move we approve to…I move we approve the minutes of the regular session of January 11, 2024. Mr. Ho: Second. Ms. Short: Any discussion to be had? Seeing none I will call for a vote. All in favor say Aye. Aye. Any opposition please say nay. Hearing and seeing none the motion passes and the regular session minutes from January 11, 2024 are hereby approved. Motion and Vote: Ms. Nakanishi moved to approve minutes from January 11, 2024; Mr. Ho seconded. All members voted aye. (10:04 a.m.) Ms. Short: We will now call all New Business, Agenda item 4a is Petition 2023-14 the review draft Order Dismissing a complaint regarding Prosecuting Attorney employees violated Section 2 - 83(3) Fair Treatment of the Ethics Code. 4. NEW BUSINESS (10:05 a.m.) a. Petition 2023-14: Review draft Order Dismissing a complaint regarding Prosecuting Attorney employees violated Section 2 - 83(3) Fair Treatment of the Ethics Code. Ms. Short: Did everyone have a chance to review that draft order? Why don’t we take a moment to review real quick. Would anyone like to make a motion to approve this petition and our draft order dismissing? 3 Mr. Ho: Move to approve Petition 2023-14. Ms. Short: Do I have a second to that motion? Ms. Wan: I’m sorry just to clarify the record the motion would be to approve the draft order dismissing. Mr. Ho: Correct. So move to approve Petition 2023-14 dismissing a complaint regarding Prosecuting Attorney employees violating Section 2 - 83(3) Fair Treatment of the Ethics Code. Ms. Short: Would someone like to second that motion? Ms. Nakanishi: I second. Ms. Short: Any discussion to be had? Seeing no discussion I’ll call for a vote. All in favor of approving the order dismissing Petition number 2023-14 say aye. Aye. Any opposition please say nay. Hearing and seeing no opposition at the time the order dismissing Petition number 2023-14 hereby passes. Motion and Vote: Mr. Ho moved to approve order dismissing Petition 2023-14. Ms. Nakanishi seconded. All members voted aye. (10:06 a.m.) b. Petition 2023-15: Review draft Order Dismissing a complaint alleging that Prosecuting Attorney employees violated Section 2 - 83(3) Fair Treatment of the Ethics Code. Ms. Short: Agenda item 4b Petition 2023-15 is to review the draft Order Dismissing a complaint alleging that Prosecuting Attorney employees violated Section 2 - 83(3) Fair Treatment of the Ethics Code. I’ll give everyone a moment to review that draft order as well. Would someone like to make a motion to dismiss…or to approve the order dismissing Petition 2023-15? Mr. Ho: Move to approve Petition 2023-15 dismissing a complaint alleging that Prosecuting Attorney employees violated Section 2 - 83(3) Fair Treatment of the Ethics Code. Ms. Short: Would someone like to second that motion? Ms. Nakanishi: I…I second. Ms. Short: Any discussion to be had? 4 Ms. Nakanishi: Yeah. There’s one correction. Ms. Short: OK. Denise… Ms. Nakanishi: Where it says…it’s minor…Response on the bottom of the first paragraph I think it should say Respondent. Ms. Short: Oh. Do you guys see that? Ms. Wan: I’m sorry, uh what paragraph? Ms. Nakanishi: The first…the second paragraph. Sorry. Ms. Short: Second line up from the bottom of the second paragraph. Ms. Wan: Ah I see. Ms. Short: It says response (STRICKEN) it should say respondent (STRICKEN). Ms. Wan: I’m sorry you shouldn’t say the name. But I can correct the… Ms. Short: Sorry. Ms. Wan: Um so would you like to amend the motion to approve or are you suggesting to amend the motion to approve uh to approve the order with that amendment? Ms. Nakanishi: Yes. And can you confirm that’s her correct last name (STRICKEN). Ms. Wan: Yes. Ms. Short: We’re not allowed to say her name. I just did that. Sorry. Ms. Wan: Yes because this petition was heard in closed hearing, um yes you may have an unredacted copy before you but any copy that would be released to the public would be redacted of the persons names. So, uh, respondent is the correction as to the last sentence of paragraph 2. Ms. Short: So would someone like to make a motion that we will approve the order dismissing Petition 2023-15 given that change in the second paragraph. Ms. Wan: So we need to do a motion to amend. 5 Mr. Ho: Move to amend. Striking response and replacing with respondent in the second to the last sentence in the second paragraph on the first page. Ms. Wan: Oh yes uh huh. Ms. Short: Ok. Mr. Ho: Would you guys like me to repeat that just in case? Right. Move to amend striking response, replacing with respondent second to last sentence in the second paragraph on the first page. Ms. Short: So would someone like to second the amendment to that motion? Ms. Nakanishi: I second. Ms. Short: Any discussion to be had? Hearing and seeing none. We’ll call for a vote all in favor say aye. Aye. Any opposition please say nay. Hearing and seeing no opposition the motion to approve… the motion to amend the motion order dismissing Petition 2023-15. Now we will call for a vote on…right? Motion and Vote: Mr. Ho moved to amend the motion to approve the order dismissing Petition 2023-15. Ms. Nakanishi seconded. All members voted aye. (10:10 a.m.) Ms. Wan: Ok so that motion has been approved to amend so now the substantive motion to approve the order dismissing the complaint as amended, is now on the floor. Ms. Short: Any discussion to be had about that? Hearing and seeing no discussion I’ll call for a vote. All in favor say aye? Aye. Any opposed say nay? Hearing and seeing no opposition the motion passes. Motion and Vote: Mr. Ho moved to approve the order dismissing Petition 2023-15 as amended changing the word Response to Respondent in Paragraph 2 Line 6. Ms. Nakanishi seconded. All members voted aye. (10:11 a.m.) Ms. Wan: And uh just so I can clean up the record uh right now I’m asking if the Board is willing to strike the name of the Respondent mentioned on the record. Ms. Short: Yes. Ms. Wan: Can we have motion to do that? 6 Ms. Short: Can we have a motion to strike the name of the respondent off the record? Sorry for that guys. Mr. Ho: Move to strike the name of respondent from the record for the previous… Mr. Allende: Second it. Ms. Short: Any discussion to be had? Hearing and seeing none I’ll call for a vote. All in favor say aye. Aye. Any oppose please say nay. Hearing and seeing no opposition the motion passes. Motion and Vote: Mr. Ho moved to strike the Respondents name off the record. Mr. Allende seconded it. All members voted aye. (10:12am) c. Petition 2024-01: Review of a Petition from a County Employee seeking informal advisory opinion regarding potential conflict of interest. Ms. Short: Unfinished business…Uh New Business item 4c Petition 2024-01 Review of a Petition from a County Employee seeking informal advisory opinion regarding potential conflict of interest. Ms. Wan: Um Chair at this time, Deputy Corporation Counsel Sylvia Wan. I’ll just note for Petition 24-1 um I just want to make a declaration on the record. Uh in my role as Deputy Corporation Counsel um I have several roles, one is being the attorney that advises this Board but in addition to advising the Board of Ethics I also have other uh clients that being pertinent to this particular petition would be the Office of Housing and Community Development. Um I represent that uh organization as a whole and I will recognize that the Petitioner in that particular Petition is an employee of that organization, however in my current role presently I am not acting in that role as representation of either that employee or that department. I am only acting within my role as representing as counsel for the Board of Ethics. So in that regard um I do not believe that there’s a conflict at this time and I could still stand in the position as representation in the role of for Counsel for the Board of Ethics. Ms. Short: Thank you for your disclosure Sylvia. Ms. Nakanishi: I would also like to further disclose that I have had personal…well I think he’s my friend. For like a million years so anyway but I don’t see any conflict. 7 Ms. Wan: Um just to explore and clarify on the record. Even though you have um considered him as a friend you do not think that it would otherwise impair your judgment as far as making a decision regarding the Petition today? Ms. Nakanishi: Correct. Ms. Wan: Thank you. Ms. Short: Ok. Moving right along… Um we are on to Petition 2024-01 do we have statements from the public regarding this specific position…petition. Ms. Wan: At this Chair uh sorry Deputy Corporation Counsel Sylvia Wan at this time there are no uh statements from the public. Ms. Short: So has everyone had a chance to review this petition? So at this time we can hear from I believe the Petitioner is here? Ms. Wan: Uh so I think the first question is does the Board have any reason to otherwise dispose of this petition without hearing from the Petitioner? Or would you like to hear from the Petitioner? Ms. Short: Would the Board like to hear from the Petitioner on this? Mr. Allende: Yes. Ms. Nakanishi: Yes. Ms. Short: Ok. Ms. Wan: Ok. Ms. Short: So at this time we will call the petitioner. Please. Thank you for being here with us today Mr. Erickson. Will you please state the reason for your petition you will have…state your name and then the reason for your petition. You will have 5 minutes. Mr. Ho: So when its time to speak on the right side there’s that little…Perfect. Then just make sure you go right into the microphone please. Mr. Erickson: Thank you Chair. Um, my name is Neil Erickson, I am um employed by the office of housing and my counsel for that office recommended I come before this Board to get an independent 8 judgement or opinion of this circumstance. I am an architect and I have properties on Ponohawai Street and I’d like to offer them up to people that have Section 8 Vouchers just so that we have a greater inventory. I don’t have anything to do with that process or that side of our department since I do strictly community development and I don’t deal with existing housing at all. I can explain that a little bit more if any is interested. Mr. Allende: I understand. Ms. Short: Um I mean if you’re done with your statement we can move on to questions I believe. Right Sylvia? Do you have anything further you’d like to add? Mr. Erickson: Uh no. But thanks Denise for saying hello. Ms. Short: So we’ll move on to questions at this time. It sounds like Denise has a question? Ms. Nakanishi: So, um we had a similar um case from a member of your office actually and it came down to where are you going to get the information about the people that you’re going to rent to. Is it going to come internally and if it is then there’s a problem if it’s not then I don’t see the problem. Mr. Erickson: I actually don’t know the process I was just encouraged to consider accepting the section 8 vouchers so if once I become a landlord I believe I go through the normal processes everybody else and they provide um potential tenants for me to re…interview and take into consideration. Ms. Nakanishi: So you’re not going to go into their computer system and pull up a list of potential tenants and… Mr. Erickson: I have no idea how that’s done. Not at all. I’m not involved in that and I don’t have access. Ms. Nakanishi: Ok. Ms. Short: Does anyone else have questions? Would someone like to make a motion? Ms. Wan: Well…uh I’m sorry. Deputy Corporation Counsel Sylvia Wan. I don’t think the record is clear as to um the different divisions. I understand the petition mentions that there’s a different division but um if the petitioner would be willing to explain the different 9 divisions and which division he is employed under versus um where the vouchers would come from which division within the department… Mr. Erickson: I’ll try. As of next month I’ll only have been there for two years. I’m really still learning everybody’s names let alone their roles. But there’s an existing housing section that deals with uh landlords and tenants and that is across where we call the great wall in our office. We don’t really interact much except for the administration portion which is on our side so the administration is..i’m under that section under community development, there’s also a grants management division that deals with community development um block grants, so I assist them um quite a lot with regards to building codes and permits and stuff like that. But really have no influence on the section that does housing or um placement or landlord or anything like that. Occasionally they ask me for a technical term or definition for um construction since I’m an architect they take advantage of that. Occasionally, but it’s very seldom. Ms. Wan: So what specifically is the the division that you are employed at. Mr. Erickson: Oh I’m sorry yes. I’m with community development and Sylvia knows more than most of you probably so I look at state and county lands uh including like the old memorial hospital and we’re renovating those buildings for use by tenants and a lot of the land I’m developing for affordable lots or um multi-family, single family homes for people that are eligible within our county uh AMI…adjusted medium income. So I don’t get involved in that portion and I just do the subdivisions or development of the properties and work with contractors, developers, and um architects and engineers. Ms. Wan: And when you say that you facilitate that you’re talking about as your role as an employee? Mr. Erickson: Correct. Ms. Wan: Ok. Ms. Short: So my question would be are you going to benefit as a landlord in a way others would not due to your employment with the county? Mr. Erickson: Honestly. It’s…I don’t see it as a benefit at all. I’m just trying to provide additional housing to the inventory but I don’t…I wouldn’t get anything different than anyone else going into the uh the 10 County offices I don’t even know who I’d be working with. There’s like 60 some people over there. Ms. Short: Right. Right. Mr. Erickson: And there’s one of me. Ms. Short: Ok. That answers my question I don’t know if anyone else on the Board has additional questions for Mr. Erickson? Mr. Allende: Just curious, um I’m on the the website for your um division… Mr. Erickson: Office of Housing or Community Development? Mr. Allende: Um yes, and then I’m in your landlord uh partnership section and one of the things that it says that that brought um caught my attention is that you’re going to need I guess a housing inspection for your unit in order to make it available for Section 8. Just as long as you’re not the one that’s doing that inspection because… ok. Mr. Erickson: No no. Actually I don’t…I don’t know how many inspectors they have or what the process is. Mr. Allende: Right. Mr. Erickson: At one time I did look up the criteria to make sure that I would comply. Mr. Allende: Right. And that’s all. Mr. Erickson: Um I may need to change a smoke detector to a carbon monoxide sensor or something I can’t remember. Mr. Allende: Yeah understandable. And that’s the only thing I was just you know making sure that they wouldn’t ask you to do the inspection because…right. Mr. Erickson: No it wouldn’t be. Although I have permits and I have you know all the stuff needed to make it legal from my point of view. Mr. Allende: Right I understand. Thank you very much. Mr. Erickson: And for those who don’t know my previous role is with public works I was responsible for all the permits and plan reviews for the County um for over 11 years. 11 Ms. Short: Anyone else have any questions for Mr. Erickson? Mr. Erickson: Well thank you from here. Ms. Nakanishi: Oh just one comment. If you can rent those in Section 8…I’d like to…(inaudible). They’re pretty nice. Mr. Erickson: What is what is high? Ms. Nakanishi: Your lit…your little vacation rental places…or your…your pakalani…it it’s pretty nice. Mr. Erickson: Oh. Yeah. Thank you. Ms. Nakanishi: I’m jealous of the Section 8 people that get to rent um so. Mr. Erickson: Well um if you read the newspaper yesterday you’d see that um rentals are way down and it’s continuing to be flat for this coming year. I took out a huge loan during covid and it’s been very difficult keeping up with that with with hardly any occupancy giving people the opportunity to rent on a monthly basis would help them and me. Ms. Short: Thank you for doing that for our community. That’s awesome. At this time I probably need to bring us back around. Someone want to make a motion please? On Petition 2024-01. Go Erick. Make a motion. Mr. Allende: Uh I make….I move to make a motion to not find any discrepancies or um conflicts of interest in you renting you’re a units to Section 8, provided that he recuses himself from any and all involvement in the process of um inspections and um other than normal picking of tenants. We can’t ask him to recuse himself from picking tenants that would be… Ms. Wan: No so what you’re asking him to do is to recuse himself from the internal processes within the Office of Housing and Community Development…um that would go towards um uh the Section 8 process. Mr. Allende: *Inaudible* Ms. Wan: You have to add it in the record so please… 12 Mr. Allende: How would I say it first in order to make it…um so all were trynna ask him to do is just not be part of the internal process that…from…for his um rentals essentially of the Office of Housing and Community Development. So the motion would be that if Mr. Neil Erickson recuses himself from any and all internal process through um the Office of Housing and Community Developments internal working for his rental properties. Ms. Short: Would someone like to second that motion? Mr. Ho: Second. Ms. Short: Any discussion to be had? Seeing no discussion I’ll call for a vote all in favor please say aye. Aye. Any opposition please say nay. Hearing and seeing no opposition the motion passes. Thank you so much for being here with us Mr. Erickson and for what you’re doing for our community. Motion and Vote: Mr. Allende moved to not find any conflicts of interest in Petition 2024-01 as long as Mr. Erickson recuses himself from any and all internal process through the Office of Housing and Community Development. Mr. Ho seconded it. All members voted aye. (10:24am) Mr. Erickson: You’ll um uh write an informal opinion? Ms. Short: Yeah. We’ll write an informal opinion. You’ll get a signed a letter. We’ll send it to you. Correct? Ms. Wan: Uh yes. So to the Petitioner, um the Board has made their decision today you can rely on the oral decision today however they will follow up with a formal opinion letter that draft will be on the agenda for the next meeting and um upon its approval and signature by the chair you will receive uh a copy. Ms. Erickson: Thank you counselor. Yeah I’m actually booked all the way thru Merrie Monarch and after that I’ve blocked it so that there’s a potential for something like this could happen. Ms. Wan: Ok. Uh and you would not be required to come to the next meeting. Mr. Erickson: Thank you. Ms. Wan: Just so you know. Mr. Erickson: And thank you all. 13 Mr. Allende: Thank you. Ms. Short: Thank you very much Mr. Erickson. Appreciate your time. 5. UNFINISHED BUSINESS (10:26 a.m.) a. Petition 2023-13: Continued review of a Petition from a County Employee seeking clearance and guidance regarding potential conflicts of interests and reporting of gifts. Ms. Short: Moving right along to Petition 5a Petition 2023-13 the continued review of a Petition from a County Employee seeking clearance and guidance regarding potential conflicts of interests and reporting of gifts um I will disclose at this time that the respondent is um a very close friend of mine so I’ve been advised by Corp Counsel to recuse myself from this so I’m going to let Vice Chair Ho take over at this time. Mr. Ho: Thank you, um so we’ll continue on with 5a Petition 2023-13 continued review of Petition from a County Employee seeking clearance and guidance regarding potential conflicts of interests and reporting of gifts. At… Ms. Wan: So um, before we move further, uh Deputy Corporation Counsel Sylvia Wan. I’ll just note for the record that we do still have quorum and um I will also note for the record that this particular Petitioner has requested a closed hearing so that would be the first question before this Board before we get into um any any subject matter of the Petition. Mr. Ho: Ok um I’d like to entertain a motion to move into closed hearing so that we may ask the Petitioner a question. Mr. Paiva: I move that we move into a closed session. Mr. Ho: Ok we have a motion to move into closed session from Scotty. Mr. Allende: Second It. Mr. Ho: And second by Erick. All those in favor of moving into closed… Ms. Wan: Discussion. Mr. Ho: Oh discussion? Mr. Allende: Aye. Mr. Ho: All those in favor of moving into closed hearing please say aye. 14 Mr. Allende: Aye. Mr. Paiva: Aye. Mr. Ho: Denise? Ms. Nakanishi: Oh Aye. Mr. Ho: Opposed? Ok we’ll be moving into closed session at 10:27. Motion and Vote: Mr. Paiva moved to enter closed hearing to hear Petition 2023-13; Mr. Allende seconded the motion. All members voted aye (10:27 a.m.) 10:27 a.m. The Board entered closed session. 10:32 a.m. The Board entered open session. Ms. Wan: Uh Chair we are now back in open session at 10:32. Mr. Ho: Thank you Corporation Counsel. Um we’ll go ahead and entertain any motions from the Board with regards to Petition 2023-13 remaining as selected by the petitioner as a closed hearing. Mr. Allende: I make a motion that we entertain the closed hearing option. Ms. Wan: For the purpose of protecting the petitioners privacy rights? Mr. Allende: Yes and that it’s a on-going police investigation. Ms. Wan: That’s fine. Mr. Ho: Ok we have a motion on the floor. Do we have a second? Mr. Paiva: I second. Mr. Ho: Ok we have a motion and a second. All those in favor say aye? All the oppose say nay? Ok motion passes we will be entering into closed session for Petition 2023-13 due to personal nature of the petition and… Ms. Wan: And the fact that it involves um questions regarding an open investigation. Mr. Ho: questions regarding an open investigation. Motion and Vote: Mr. Allende moved to enter closed hearing to hear Petition 2023-13; Mr. Paiva seconded the motion. All members voted aye (10:33 a.m.) 15 10:33 a.m. The Board entered closed session. 11:08 a.m. The Board entered open session. Mr. Ho: Would also like to entertain a short recess for five minutes? Mr. Paiva: I move that we go into…make a motion to run to a short recess, five minutes. Mr. Ho: Thank you Scotty. Do I have second? Mr. Allende: Second it. Mr. Ho: Ok we have a motion and second to enter into recess. Discussion? Seeing and hearing none all those in favor say aye. Aye. Opposed? Motion passes. We enter into recess at 11:08 with a return time of 11:13. Motion and Vote: Mr. Paiva moved to take a five minute recess from 11:08am to 11:13am; Mr. Allende seconded the motion. All members voted aye. (11:08 a.m.) 11:08 a.m. The Board took a five minute recess. 11:15 a.m. The Board returned from their break. Mr. Ho: Coming back into meeting of the Hawaii County Ethics commission. Um at 11:15 from recess. Ms. Wan: Uh does the board have a motion? Mr. Ho: Does the Board have a motion? With relation to Petition 2023-13. I have a question for Corporation Counsel with regards to this Petition would we be able to separate out since there are two in there? Do two separate? Ms. Wan: Motions? M. Ho: Motions. One dealing with um 2-84 and one dealing with 2-91? Ms. Wan: That is possible. If the Board wants to do a motion to provide an informal advisory opinion you can break up the motions into the relative questions. Mr. Ho: So I guess Board do we have any motions that pertain specifically first to 2-84. And if were ok splitting them so it’s not one giant 16 motion that kind of takes everything together. Go ahead. I see you itching to make the motion. Ok we have to make a motion to find no conflict regarding section 2-84 conflict of interest as it relates to Petition 2023-13. Ms. Wan: No conflict of interest in what specific aspect. I know I said generic because we’re in open session but as it relates to what role. Mr. Ho: On the grounds that the Petitioner does not have any professional conflict pertaining to their duties as a county employee. Sorry can you read back what I said cause I totally just forgot what I just said. Ms. Wan: So I can read back as far as what I wrote down um you moved to find that there’s no conflict uh pursuant to Hawaii County code 2-84 related…uh on the grounds that the Petitioner has no professional conflict um. I…I feel like you need to explain how she has no professional conflict. One second. So um vice chair Ho do you want to add to your motion? Mr. Ho: I do. Um…if she removes herself from uh work related to Resolutions pertaining… Ms. Wan: Work related and or resolutions related. So um do you want…given the employees position do you want to say legislation. Work related and legislation related County legislation related… Mr. Ho: Yes. Ms. Wan: to? *inaudible* Mr. Ho: Issues related to dangerous dog legislation. Ms. Nakanishi: I don’t understand what… Mr. Ho: I would like to be able to provide clarity but I can’t in the middle of making a motion so I have to finish the motion and then I can give you the rationale. Ms. Wan: So um just for everybody’s sake I’ll read it back. Vice Chair Ho has moved to find that there is no conflict of interest pursuant to Hawaii County Code 2-84 on the grounds that the petitioner has no professional conflict if she removes herself from work related to county legislation in regards to dangerous dogs. 17 Mr. Ho: Yes. So the rationale behind that specifically um due to funding coming into the family as stated by the petitioner and the perception moving forward with relation to why that money came in for that particular subject it may lend itself to any further discussion or decisions made by her as an employee or the person who she they are employed by um could potentially lead to more ethical issues later down the road should decisions be written up by that particular office that could drastically change code for the county. Ms. Wan: I’ll just note that you still need a second for that motion. Mr. Allende: I’ll second that. Mr. Ho: Ok we have a motion and a second. Discussion? Ms. Nakanishi: So you’re trying to create a nexus between her job now and the legislation she’s, or the bill she’s working on and the money she received on a gofundme? That’s pretty far. Mr. Ho: So what I’m trying to show, and ask is. Not even ask. But to bring to light in the event that somebody sees it as a potential issue that the individual received money and is now working on legislation for the county to change current code may see that as incentive to make drastic changes. Ms. Wan: Uh Deputy Corporation Counsel Sylvia it appears that the role that you are now explaining is that of a lobbyist so it sounds like is that what you’re trying to say? Is that you…there’s a nexus in that you want to ensure that she doesn't work on that legislation because it may be interpreted if she receives money related to that topic that she would be ipso facto a lobbyist? Mr. Ho: Yes the way that it plays out in my mind is… given the position that they currently hold that there could be the possibility of that office taking up potential changes and championing those particular changes and that person sits in that in that spot where they have say that that is pretty much their their work is creating the resolutions as the…can I say the position? Ms. Wan: Um if you’re referring to the petitioner you can say petitioner. Mr. Ho: Ok given the petitioners position. Uh, I guess I just, uh I… Ms. Nakanishi: I think you’re over complicating it. 18 Mr. Ho: Sure then I withdraw everything. I mean what I’m just trying to see cause I’m pragmatic in looking forward and whether it’s happened or not whether it’s going to happen in the future that’s not for us to decide what I’m trying to ensure is that it is not a perception that because this person the petitioner has faced what the petitioner has faced and received financial support from the community not knowing that some of those hopefully majority of those donations were done in good faith with no desire to have anything come out of it other than to support a member of the community but unfortunately we also live in a world where perception like that is not always going to be 100% true. Mr. Allende: Right you’re just trying to make sure that no organization is donating to this cause in order to make adjustment to legislation that involves the County down the road. Mr. Ho: By abusing the situation. Ms. Wan: I um. I hear the Boards discussion. I just want to clarify the motion because I know the discussion is kind of going all over the place a little bit. There’s a little bit of meandering. Motion on the floor is to find that there’s no conflict of interest pursuant to Hawaii County Code 2-84 on the grounds that the petitioner has no professional conflict if she removes herself from work related to County legislation in regards to dangerous dogs. That is the motion. Ms. Nakanishi: So you don’t want her to work on anything to do with this bill? Mr. Ho: In her in the Petitioner’s professional responsibility. Ms. Nakanishi: I mean there’s so many layers of things that happen between when she would draft it and when it would become approved that there’s just very little connection there unless some large donor…there’s 3 issues that I see one is the gift donation if she has to disclose any of that on the gifts side. The other is the vehicle thing and then there’s conflict of interest on her work side I don’t see how she possibly can ever separate herself other than she has stated that any legislation or any bills would not be retroactive she’s already protected um protected there from the conflict of interest cause what she does…well she can’t possibly separate herself mentally from that. I mean you know I’ve had a lot of things happen in my life and I know you know my daughter died I can’t separate myself from breast cancer you know it’s just it’s not gonna happen. So I don’t think she should be asked to do that so I think it’s a protection for the community. So I mean to me those are 3 19 different issues and we need to address them 3 different ways. That’s just my thought. Mr. Paiva: I agree that I don’t think she should, we…we should um keep her from doing her work as long as she say like…or she continues like she’s saying to separate herself from both which she has been and I don’t see a conflict there. When she does her work she does work as a staff member. When she goes out she’s on her…on her community side, her public side. So I don’t see a, as long as she keeps doing that, I don’t see a…I don’t see a conflict. I don’t know how to word it seems like we kind a getting a hard time coming up with a wording so I..I…I’ll try if that’s ok? Ms. Wan: Um ok so… Mr. Ho: We do have a motion on the floor already um. Ms. Wan: Yes. Mr. Paiva: Can I make a motion to amend that? Ms. Wan: No, so only the person who pushes forward the original motion can amend it. You can suggest an amendment but you…the original mover has to adopt it. Um but I what I wanted to try clarify is...I’m just going to clarify what issues the Board is pursing out for my own brain. So, there’s a, just as to this motion only. There’s a discussion around whether the petitioner should have to conflict out of her, her work duties related to an issues that she may or may not on a personal level have a particular petition and she may act in her personal capacity towards that particular petition. Um the motion is also recognizing specifically her work related duties pertaining to legislation so there’s two different aspects you’re looking at which is um professional related to creation of legislation and personal related to what could be advocacy. So there, there is a line that I…I don’t know if the Board has really come up to that… Mr. Paiva: We all have that dilemma. If you were in her position we’d all have that dilemma. Something in my personal life would affect my staffing ability somewhere down the road. Ms. Wan: Yes, um but do you have the right to work on something and advocate for that work outside of your professional capacity. Mr. Paiva: Yeah as…as Joe Public. 20 Ms. Wan: I think the question is does she have the right to testify on legislation that she had a had in drafting. Mr. Ho: I think that’s…And that’s kind of where I am so that, mind you I only I gave it a good shot at coming up with something cause were all sitting here staring at each other and no one…we haven’t got anything so I.. I tried. I made my go to attempt um and to what corporation had said that’s literally exactly kind of the crux of the issue. Um and I don’t think anyone’s going to have an answer for that until it actually happens. Ms. Nakanishi: Well I think our first amendment rights protect her as a member of the community you know to testify about whatever she wants as long as she’s doing it as an individual. Mr. Allende: And just to go along with what Denise saying I…I just think that as long as she continues to verbally announce that separation as who and how she’s you know um testifying or soliciting or advocating for that certain situation. It’s all done from a personal you know Joe Public, or type of position and not from the professional and uh you know she’s done that since that has happened and I don’t see why that wouldn’t be able to be continued to happen. Mr. Ho: Ok is there any other discussion? Seeing and hearing none were gonna just go ahead and move forward with a vote on the motion that’s on the floor with regards to this. So the motion was to find no conflict for Hawaii County Code 2-84 on grounds that the petitioner has no professional conflict if they remove themselves from work related to County legislation in regards to dangerous dogs. We have a second. All those in favor say aye. Mr. Allende: Aye. Ms. Nakanishi: Aye. Mr. Ho: All those oppose? Mr. Paiva: Me. Ms. Wan: So how many aye’s is that chair? Because I did not hear your vote. Mr. Ho: I know. I’m sorry I’m so used to the chair not voting until. Ms. Wan: You do need to vote. 21 Mr. Ho: Yeah. I’m going to go with no. So it becomes a two yay and two nay so it is a tie which fails so we now no longer have a motion on the table with regards to our opinion for this particular petition. So we will entertain any motions. Motion and Vote: Mr. Ho moved to find no conflict of interest pursuant to Hawaii County Code 2-84 on the grounds that the petitioner has no professional conflict if she removes herself from work related to County legislation in regards to dangerous dogs; Mr. Allende seconded the motion. Mr. Allende and Ms. Nakanishi voted aye. Mr. Paiva and Mr. Ho voted nay. The motion failed. (11:34 a.m.) Ms. Nakanishi: Can that one be re-read please? Mr. Ho: Unfortunately it cannot because it already has been voted on and it has failed. Ms. Nakanishi: I just want it to be re-read. Ms. Wan: Deputy Corporation Counsel Sylvia Wan the prior motion that failed and I’ll note it failed because it would’ve required four votes in favor in order for it to pass. The prior motion that failed was um to find no conflict under Hawaii County Code 2-84 on the grounds that the Petitioner had no, has no professional conflict if petitioner removes herself from work related to County legislation in regards to Dangerous Dogs. Mr. Paiva: So I could support uh the resolution if we removed that portion about her not being able to work on…on dangerous dogs. So I don’t know how to word it but uh if she can um um separate herself, separate her her… her professional responsibilities from her public community uh support. I’m not sure what the word but… Ms. Wan: Ok um let me try to put it in words for you Scotty. Mr. Paiva: Thank you. Ms. Wan: And then you…you can tell me if I’ve got it right or wrong. How about that? Mr. Paiva: I think you’re doing a great job so far. Ms. Wan: I’m, I’m trying. Um you move to find that there’s no conflict for the purposes of Hawaii County Code 2-84 if the Peititoner is able to separate her professional conduct and her personal conduct relating to County Legislation in regards to Dangerous Dogs. 22 Mr. Paiva: I think any…any legislation. Ms. Wan: Any legislation related to. Mr. Paiva: Like anybody else would be required to… Ms. Wan: To Dang…in relation to dangerous dogs. Mr. Paiva: *inaudible* Ms. Wan: Ok? Nope? Ok, I’m going to rephrase. Based on your input and Scotty you should really have your mic on put your mic on when you’re making these statements. Scotty let me know if this is correct or or not. You move to find that there is no conflict of interest for the purposes of Hawaii County Code 2-84 on the uh as long as the Petitioner is able to separate her professional conduct versus her personal conduct in relation to Legislation. Mr. Paiva: Yeah. Yes. Try read that again. And I’ll ditto that. Ms. Wan: Give me one second I’m going to try to write this out. Ms. Paiva: Yup, yeah, and I apologize. We’re really tying our best here and I sympathize and I’m sorry and we’re dragging you through this. I really don’t feel good about this and I…I apologize. It’s just what we gotta do. I apologize. Ms. Nakanishi: Yeah it’s just horrible situation I…I walk my little dog and dogs come after him and I can’t imagine what… Ms. Wan: Um, I’m going to just pause you right there, just because it relay into the facts. Ms. Nakanishi: Sorry we’re in open session. But I’m so sorry. Ms. Wan: Ok, I’m going to try one more time… Scotty please let me know if this is correct? Your motion is to find no conflict of interest under Hawaii County Code 2-84 if the Petitioner is able to separate her professional conduct and her personal conduct in relation to Legislation. Mr. Paiva: Can I change can to will? Ms. Wan: If Petitioner does? 23 Mr. Paiva: Will. Ms. Wan: Will separate? Ok. Uh no conflict of interest for the purposes of Hawaii County Code 2-84 if the Petitioner will separate her professional conduct and her personal conduct in relation to Legislation. Mr. Paiva: Yes. That’s my motion. Mr. Ho: We got a motion on the floor do we have a second? Ms. Nakanishi: I second. Mr. Ho: Seconded by Denise. Discussion? Scotty would you accept a friendly amendment? Mr. Paiva: I’ll take anything into consideration. Mr. Ho: Um the usage of the word “will” does not make it a really good sentence. Mr. Paiva: Well I like will, shall, you know it’s kind of a I think a requirement. Will is there’s no question that you will do it. Mr. Ho: Any clarification Corporation Counsel when it comes to or what we’re doing do we have the right to tell someone that they have to do this. They have to do this in order to… Ms. Wan: So you are providing an informal advisory opinion right, so you need to set out what are the parameters and which their prospected conduct will comply with the code of ethics. So she has asked for an informal advisory opinion about prospective conduct so there is already kind of baked in that you’re talking about future conduct so there is going to be an inherent “will” if you will or even shall. However, I will also agree with um member Ho that the way that the sentence is currently written it’s, I don’t think that you need the word will. Cause there was already an “if”. Mr. Paiva: Well this is my motion so I like “will”. Ms. Wan: Ok well I’ll let you know that the order may be adjusted for grammatical correctness but I understand that is your motion. Mr. Ho: Then I retract my friendly amendment. Mr. Paiva: Thank you. 24 Mr. Ho: Any further conversation or discussion? Seeing and hearing none. All those in favor of the motion…one moment while we finish writing. All those in favor of the motion to find there is not conflict for purposes of Hawaii County Code 2-84 if the Petitioner will separate her professional conduct and her personal conduct in relation to Legislation. All those in favor say aye. Aye. All those oppose? Motion passes 4-0 to find there’s no conflict for the purposes of Hawaii County Code 2-84 if the Petitioner will separate her professional conduct and her personal conduct in relation to Legislation. Motion and Vote: Mr. Paiva moved to find no conflict for the purposes of Hawaii County Code 2-84 if the Petitioner will separate her professional conduct and her personal conduct in relation to Legislation; Ms. Nakanishi seconded the motion. All members voted aye. (11:42 a.m.) Mr. Ho: Ok going to second part of the petition regarding gift disclosure. Do we have any motions? Mr. Allende: I make a motion that the Petitioner doesn’t have to disclose any gifts as they would fall under a special uh or Aloha section of the County code. ie. Birthday type gift. Ms. Wan: I will just note that that particular section talks about gifts if equal value. That are exchanged. Mr. Allende: I don’t know birthday you don’t exchange gifts. Ms. Wan: On a birthday you may receive gifts but also it is anticipated that you will give gifts for somebody else’s birthday. Mr. Paiva: *inaudible microphone turned off* Mr. Ho: Scotty push the button. Mr. Paiva: It’s an exchange like a gift when families exchange condolences. I don’t know how to say it but it’s…it’s like a gift. Ms. Wan: Ok so I’m going to restate Ericks motion um, hopefully. You move to find that there is no gift disclosure necessary for the receipt of funeral gifts. Mr. Allende: Right. Ms. Wan: Thank you. 25 Mr. Ho: Ok so we have a motion on the floor. Second? Mr. Paiva: I second. Mr. Ho: Second by Scotty. Thank you. Any discussion? Ms. Nakanishi: And so how do we address the car thing? Ms. Wan: I think that would a…a different motion. Ms. Nakanishi: No other questions. Mr. Ho: Any other questions? Seeing and hearing none we will vote all those in favor…one moment…all those in favor of finding there is no gift disclosure necessary for the receipt of funeral gifts. All those in favor say aye. Aye. All those oppose. Motion passes, excuse me motion passes 4 to 0 for finding no gift disclosure necessary for the receipt of funeral gifts. Motion and Vote: Mr. Allende moved to find no gift disclosure is necessary for the receipt of funeral gifts; Mr. Paiva seconded the motion. All members voted aye. (11:45 a.m.) Mr. Ho: I believe we have another possible motion on the floor as well? Ms. Nakanishi: I will move that there is a conflict of interest related to the removal of cars because the number exceeds the, what the public would be offered. That would be my motion subject to discussion. Ms. Wan: Does someone want to second it to open up to a discussion. It does not necessarily mean that you have to be in favor of the motion. Mr. Paiva: Sorry I cannot second something that I’m not in favor of so I’m I’m… Mr. Ho: Ok, so I’m just going to stop you there. Cause we’re just looking for a second. Do we have a second on the motion? Seeing and hearing no second the motion fails. Motion and Vote: Ms. Nakanishi moved to find there is a conflict of interest related to the removal of cars because the number exceeds that of what the public would be offered; No member moved to seconded the motion thus the motion failed. (11:46 a.m.) Mr. Allende: I make a motion that there isn’t a conflict of interest as the respondent had no understanding or bearing in person responsible okaying the limit…over the limit vehicles removed. 26 Ms. Nakanishi: Say it again, I can’t even hear you. Mr. Allende: I’m saying that the respondent has no conflict because she was not part nor um had access to the person who okayed the overage of amount of vehicles removed from her property so since she didn’t have any contact and she didn’t have any um say in asking for it she went through the normal channels so therefore whoever okayed that removal was the one that did and said that that amount that was normally set at two was okayed. So I don’t see it because she didn’t personally ask and say hey if I give you an extra couple bucks you know you’ll take out my extra vehicles. Ms. Wan: Ok. Can I…can I restate your motion for you Erick and let me know if it’s correct? Mr. Allende: Oh sure. Ms. Wan: You know divining out of all of the words that you just said. You move to find that the Petitioner, not the respondent, this is the Petitioner, had no conflict of interest when the Petitioner used the normal channels and process in order to seek removal of vehicles from said property and in which the petitioner had no communications regarding the authorization from the Department that authorized it for overages over there stated limit. Mr. Allende: Correct. Yup. Ms. Wan: Ok. Mr. Paiva: I second that. Mr. Ho: Thank you, seconded by Scotty. Discussion? Ms. Nakanishi: So who requested the additional vehicles being removed? Who made the initial request? Ms. Wan: I’m just going to do a point of order. Um, were passed question and answers as far um so the discussion should be among the Board members. Mr. Allende: I’m just saying I don’t see the conflict because even though she may have requested it she…it’s that offices responsibility or um mindset or however… Ms. Wan: Authority. 27 Mr. Allende: Yes. It’s up to that Department’s authority of whether or not they want to ok those overages. Ms. Nakanishi: And that’s what I’m trying to get into the record. Not that I really have a problem with it. Mr. Allende: Right. Yeah that it’s…the peoples, a separate department and somebody else’s authority was used in order to ok the the…the vehicles being removed. Mr. Paiva: I don’t feel she used her official capacity to request the removal of cars and she just went through the normal process of filing out the appropriate papers and applications. Mr. Ho: And I would also agree with everyone else up here um having knowledge of a publicly aware process program is public knowledge following the actual process is exactly what the petitioner stated that they did um as Erick had pointed out it then released that individual from responsibilities from it once the form had been submitted to that particular office and it then becomes the offices kuleana and responsibility to do what they do as that particular office um and then exits our ethical purview to look at so. Ms. Wan: As it appears that the Board is now finish with their discussion I will attempt to restate the motion on the floor. Uh member Erick Allende had moved to find that the Petitioner had no conflict of interest when the Petitioner used normal channels and processes to request vehicles to be removed from said property and it was within the Departments authority to grant the removal of those vehicles and the Petitioner did not use her position in order to otherwise sway that approval process. Mr. Paiva: Facilitate. Ms. Wan: Facilitate that approval process. I know I’m stating it slightly differently, but I believe that’s the gist. Mr. Allende: Yes. Mr. Ho: Ok we have a motion on the floor. And a second. We’ve already gone through discussion. All those in favor of the motion. Aye. All those oppose. Motion passes 4 to 0. 28 Motion and Vote: Mr. Allende moved to find there is no conflict of interest find that the Petitioner had no conflict of interest when the Petitioner used normal channels and processes to request vehicles to be removed from said property and it was within the Departments authority to grant the removal of those vehicles and the Petitioner did not use her position in order to otherwise facilitate that approval process; Mr. Paiva seconded the motion. All members voted aye. (11:52 a.m.) Ms. Wan: Um Deputy Corporation Counsel Sylvia Wan, I’ll just note for the record that for Petition 23-13 uh the Board did make three separate findings that will be reflected in it’s informal advisor opinion once that has been drafted it will submitted to the Board to review at it’s next meeting date um once approved you will receive a copy. From the Board. Mr. Ho: Also, Board if you will allow me a moment of personal privilege. Petitioner, our condolences um and also apologizes for the length of time that this particular motion took today as well as the length of time it took from when submitted to when addressed. Um thank you so much. Alright just for the record just to note um Chair Short will um need to leave um so I will retain responsibility as acting Chair in her absence we will still maintain quorum of four members as a reminder in order for anything to pass all four must be in the yay? Aye? Yay. With regards to um any items. Ok moving on to agenda item number 6 Executive session. Letter A review of the executive session minutes of January 11th 2024. And continued review of confidential financial disclosure forms filed pursuant to section 2-91.1(d) Hawaii County Code by County Board and Commission members and designated County Employees where personal matters shall, excuse me would be reviewed. And… Ms. Wan: So just to clarify you’re looking for all of the agenda items that under agenda number 6 which includes a. b. c. and d. uh and just for short that’s executive session minutes for July 11, 2024 financial disclosures, both continued review and new review and continued review of gift disclosures. Mr. Ho: Yes, that is correct. Ms. Wan: Are you making that motion? Or… Mr. Ho: I am…I’m making that motion. Do I have a second? Mr. Paiva: Second. 29 Mr. Ho: Thank you Scotty. Seconded it. Discussion? Seeing and hearing none all those in favor say aye. Aye. All those oppose? Motion passes. Ms. Wan: We are now in executive session at… Mr. Ho: We are now entering executive session at 11:56am. Motion and Vote: Mr. Ho moved to enter executive session to review Confidential Financial Disclosure Forms, Gift Disclosures, and the Executive Minutes; Mr. Paiva seconded the motion. All members voted aye (11:56 a.m.) 6. EXCUTIVE SESSION (11:56 a.m. to 12:31 p.m.) a. Review of the executive session minutes of January 11th 2024. 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. c. 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. d. 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. Motion and Vote: Mr. Paiva moved to exit executive session. Mr. Allende seconded the motion. All members voted aye. (12:31 p.m.) Mr. Ho: Ok, for the record we have entered into open session 12:32pm room has been opened as well as all blinds. Ns. Wan: Uh yes so at this point um now that we’ve moved out of executive session there needs to be a motion to approve the executive session minutes. Mr. Ho: Ok do we have a motion to approve the executive session minutes? Ms. Nakanishi: I move to approve… Mr. Ho: Ok I got a motion by Denise do I have a second? 30 Mr. Allende: Second it. Mr. Ho: Ok seconded by Erick. Discussion? All those in favor of approving the executive session minutes for January 11th 2024 say aye. Aye. All those oppose? Seeing, hearing none motion passes 4-0 to approve the executive session minutes for January 11th 2024. Motion and Vote: Ms. Nakanishi moved to approve the executive session minutes. Mr. Allende seconded the motion. All members voted aye. (12:33 p.m.) Mr. Ho: Alright moving into item 6b um motion to accept the file financial disclosures… Ms. Wan: Present under um agenda item 6b except for number… Mr. Ho: Except for 33 and 34. Ms. Wan: Yup. Mr. Ho: So I’ll restate the motion, motion to accept the financial disclosures um filed pursuant to Section 2-91.1(d) Hawaii County Code by County Board and Commission members and designated County employees were personal matters will be reviewed with the exception of items 33 and 34. Do I have a second? Mr. Paiva: Yeah move, oh second. Mr. Ho: Seconded by Scotty. Discussion? Seeing and hearing none all those in favor say aye. Aye. All those opposed? Motion passes 4-0 to accept and file financial disclosures and gift disclosures listed on the Board agenda 6b with the exception of 33 and 34. Motion and Vote: Mr. Ho moved to accept and file financial disclosures filed pursuant to Section 2-91.1(d) Hawaii County Code by County Board and Commission members and designated County employees listed under agenda item 6b with the exception of items 33 and 34. Mr. Paiva seconded the motion. All members voted aye. (12:34 p.m.) Mr. Ho: Uh motion to continue agenda item 6c to March Agenda. Mr. Allende: Second it. Mr. Ho: Seconded by Erick. Any discussion? Seeing and hearing none all those in favor of moving…continuing agenda item 6c to the March agenda please say aye. Aye. All those opposed? Seeing and hearing none. Motion passes 4-0 to continue agenda item 6c to March agenda. 31 Motion and Vote: Mr. Ho moved to continue agenda item 6c to March agenda. Mr. Allende seconded the motion. All members voted aye. (12:35 p.m.) Mr. Ho: Motion to accept and file gift disclosures listed on Board agenda item 6d. Do I have a second? Mr. Allende: Second it. Mr. Ho: Seconded by Erick. All those…uh discussion? All those in favor of accepting and filing gift disclosures listed on 6d please say aye. Aye. All those opposed? Seeing and hearing none. Motion passes 4-0 to accept and file gift disclosures listed in 6d. Motion and Vote: Mr. Ho moved to accept and file gift disclosures listed on Board agenda item 6d. Mr. Allende seconded the motion. All members voted aye. (12:35 p.m.) 6. ANNOUNCEMENTS (12:36 p.m.) a. The next monthly meeting of the Board of Ethics is scheduled for Wednesday, March 13, 2024, at 10:00 a.m. at the Hawai‘i County Building, Council Chambers, 25 Aupuni Street, Hilo, Hawai‘i 96720. Mr. Ho: Moving on to agenda item 7A, announcements the next monthly meeting of the Board of Ethics is scheduled for Wednesday, March 13, 2024, at 10:00 a.m. at the Hawai‘i County Building, Council Chambers, 25 Aupuni Street, Hilo, Hawai‘i 96720. And moving into 8 adjournment. 8. ADJOURNMENT (12:36 p.m.) Mr. Ho: We’ll entertain a motion to adjourn? Mr. Allende: Second it. Mr. Ho: Are you going to make the motion or… Mr. Allende: Oh I thought you were doing it. Motion to adjourn. Mr. Ho: Motion to adjourn. Do we have a second. Mr. Paiva: Second. Mr. Ho: Second. Discussion? No discussion. All those in favor say aye. Aye. All those oppose? Motion passes 4-0 we are in adjournment at 12:36pm. 32 Motion and Vote: Mr. Allende moved to adjourn the Hawai’i County Board of Ethics meeting; Mr. Paiva seconded the motion. All members voted aye. (12:36 p.m.) Respectfully submitted: Khayla-Lei Peiler, Secretary