HomeMy WebLinkAbout09-11-24 Regular Session Minutes1
HAWAI‘I COUNTY BOARD OF ETHICS MINUTES – REGULAR SESSION Wednesday, September 11, 2024 10:01 a.m. – 12: 24 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 Lisa Fukumitsu, Member Denise Nakanishi, Member
Erick Allende, Member via Zoom Sylvia Wan, Deputy Corporation Counsel Khayla-Lei Peiler, Secretary 1. CALL TO ORDER (10:01 a.m.) Ms. Short called the meeting to order at 10:01 a.m. Present in chambers were Rachel Short, Christopher Ho, Lisa Fukumitsu, Denise Nakanishi, and Deputy Corporation Counsel Sylvia Wan. Present via Zoom was Erick Allende.
Ms. Short: Good morning, everyone. This is the Hawai‘i County Board of
Ethics meeting here today on September 11, 2024. I am your Chair
Rabbi Rachel Short. Before we move forward um in todays
meeting and I introduce our other board members or let them
introduce themselves. I would ask that we do take a moment of
silence since today is September 11th in honor of all those who lost
their lives, um fighting and all of those who’ve worked hard in the
memory. So if we could just take a moment for that.
*Moment of Silence in Honor of September 11th*
Ms. Short: Thank you everyone for taking that time um to honor September
11th and those with us and no longer with us. With that said again I
am your Chair Rachel Short. This is the September 11, 2024
Hawaii County Board of Ethics meeting. I’ll let our fellow board
members introduce themselves.
Mr. Ho: Chris Ho, Vice Chair.
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Ms. Fukumitsu: Lisa Fukumitsu. Uh board member.
Ms. Nakanishi: Denise Nakanishi, board member.
Mr. Allende: Erick Allende, board member.
Ms. Short: Thank you very much everyone. At this time I just want to…Oh
yes…Corporation Counsel please…
Ms. Wan: And then as far as staff for the Board, uh Deputy Corporation
Counsel, Sylvia Wan um Counsel for the Board. And also secretary
for the Board Khayla Peiler.
Ms. Short: I’d like to review some protocols just very quickly for all of our
Zoom participants. All cameras must be turned on at all times
during your hearings one person speaks at a time with absolutely
no side conversations, please mute your device when you are not
speaking to improve the audio quality for all. For Zoom
participants please raise your hand and wait for recognition from
myself before speaking to ensure that we have clear and accurate
record, prior to speaking please state your name so that all parties
know who is speaking, please speak slowly, clearly, and be close to
your microphone, and please limit all distractions, turn off your
mobile phone and other devices. And as a general reminder for all
Board of Ethics Members, please state your name before speaking
throughout the hearing today.
2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (10:04 a.m.)
Ms. Short: At this time we will take statements from the public on agenda
items. Public testifiers can testify now or just prior to the agenda
item they wish to testify on. Corporation Counsel Sylvia Wan will
keep time. Everyone gets three minutes at two and a half minutes.
Corporation Counsel Wan will announce such. Do we have any
public testifiers at this time?
Ms. Wan: Yes, uh chair, we do have two testifiers at this time. The first
person to uh sign up with is Ms. Joleen Nakano. She would like to
uh testify as to agenda items number 4b and 4c. She is available on
Zoom.
Ms. Short: Ms. Nakano, are you there?
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Ms. Nakano: Hi. Yes.
Ms. Short: Thank you very much. If you would please state your name for the
board and then you'll have three minutes to speak uh Corporation
Counsel will alert you when you have 30 seconds left.
Ms. Nakano: Thank you.
Ms. Short: Thank you.
Ms. Nakano: Um Good morning Chair, Vice Chair, commissioners and counsel.
My name is Joleen Nakano. I humbly request that you not approve
the draft orders dismissing petitions. 2024-02 and 2024-04 based
on the following there were three no votes to a one yes vote to
dismiss my petitions. Why did the minority vote rule in this case
and not the majority vote? Clearly, there was a dissension amongst
commissioners as to their votes, because you entered into five
executive sessions, there were HR topics made by Ms. Sonomura
that allowed by the counsel to commission during the last hearing,
when in earlier hearings those topics were directed to the correct
forum, the merit appeals board and not the Ethics Commission. I
provided at your request three witnesses who gave verbal
testimonies confirming the unprofessional and unethical treatment
conducted by both Ms. Sonomura and Mr. Pause, which supported
my claims. Mr. Pause was caught during past hearings, including a
review, providing inconsistent statements, falsifying facts, and
basically lied to the Commission, which one of his witnesses
confirmed hearing him say 10 months people, but took it for a
joke, which proves he actually made that statement, to the point
that chair motioned several times to place on record Mr. Pause’s
unbecoming of a director behavior citing rude and disrespectful,
which is overruled by once again, the minority vote. Had counsel
Ted Hong accept my intent to retain him on May 10 versus
appearing as retained counsel for Mr. Pause and Ms. Sonomura at
the June 12 hearing. Would that have changed your decision and
determine a more favorable outcome on my part? I feel a great
injustice as to the handling of my case and possible outcome that I
am once again humbly asking that you reconsider your vote and
make a fair and correct judgment based on the facts I have
provided you so that you may continue to maintain the integrity of
Oath you pledge to oversee that all county employees behave and
conduct themselves in an ethical manner within our county. If this
Commission cannot help those in need, those that need help, turn
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to please help me make this make sense. Thank you for your time
um again this is Joleen Nakano regarding petitions, 2024-02 and
2024-04. Thank you.
Ms. Short: Thank you very, very much for your testimony Ms. Nakano um…
Ms. Nakano: Thank you.
Ms. Short: Let the record reflect her words. Do we have any other additional
testifiers?
Ms. Wan: Yes, chair, at this point in time, we do have one additional testifier,
which is Ms. Jamae Kawauchi, which I would also note is the
representation for the petitioner in matter 23-10, which is
agendized at 4a.
Ms. Short: Thank you very much. If you could please state your name for
record you’ll have 3 minutes to speak Deputy Corporation Counsel
Wan will alert you when you have 30 seconds left.
Ms. Kawauchi: Good morning uh Commission. Good morning Madam Chair. My
name is Jamae Kawauchi I’m representing Mr. Chadwick Fukui uh
the *inaudible* for him is for Petition 2023-10 I’m providing
public statement today and follow up to communication that I had
with the Deputy Corporation Counsel from Maui, who is assigned
to the Board uh. When I alerted him to a possible conflict of
interest uh he um advised me to discuss it, and so I'm doing so
today by way of public testimony. Subsequent to the vote taken on
Mr. Fukui’s petition earlier this year, I became aware of a possible
conflict of interest for one of the board members who took the vote
on his petition, um my understanding, but I have not personally
verified this is that the Mayor is a um synagogue member of Rabbi
Shorts uh synagogue um and he’s also been on a commission or uh
a an organization of some kind to raise funds for the building of a
synagogue on the West side of Hawai’i. Uh that would be
considered a possible personal interest um and personal
relationship. Uh I do not know if, personally, no if Rabbi Short is
Mayor Mitch Roth’s Rabbi, um but that is a matter that did come to
my attention after the vote was taken um and so I'm making the
public statement, because I did ask um Mr. Rowe if he would
discuss that with the chair, and he instructed me to bring bring it
up. Um so that's what I'm doing today um with respect to the
petition, if it is a conflict of interest, or if there is one, we would
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ask that the vote that was taken at the hearing earlier this year, that
um dismissed Mr. Fukui’s petition be reconsidered and then re-
agendized for vote um with consistent with a commission that does
not have conflicts, and we will be available during the portion of
today's meeting uh that is specifically agendized for Mr. Fukui’s
petition. Thank you.
Ms. Short: Thank you for your testimony. Do we have any other public
testimony at this time?
Ms. Wan: No. The only other person who signed up is actually the petitioner
for one of the petitions. And so if the if the board's going to hear
that petition at that time, then you would have an opportunity to
speak.
Ms. Short: Are you ok with that Mr. Montgomery?
*Mr. Montgomery acknowledges yes inaudibly*
Ms. Short: Wonderful thank you.
3. APPROVAL OF THE REGULAR, CLOSED, & EXECUTIVE SESSION
MINUTES (10:09 a.m.) a. Approval of the regular session minutes of June 12, 2024
Ms. Short: So we're moving along to the approval of the regular session
minutes from July 17, 2024. Has everyone read the regular session
minutes from July 17, 2024? Can I get a motion to approve those
minutes?
Mr. Ho: Chris Ho. Move to approve regular session minutes of July 17.
2024.
Ms. Fukumitsu: Board Member Fukumitsu, second.
Ms. Short: Any discussion to be had? Hearing, and seeing none. I'll call for a
vote. All in favor. Please say
*All members say aye in unison*
Ms. Short: Any opposition, please say Nay. Hearing and seeing none this
hereby approves the July 17, 2024 regular session minutes.
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Motion and Vote: Vice Chair Ho moved to approve the Regular Session minutes of July 17,
2024; Board member Fukumitsu seconded; All members voted aye. Motion passed.
(10:12 a.m.)
Ms. Short: Moving on to the approval of our closed session minutes from July
17, 2024 has everyone read the closed session minutes from July
17, 2024? Seeing everyone nodding their head yes can we please
get a motion to approve those minutes.
Mr. Ho: Chris Ho, Move to approve closed session minutes of July 17,
2024
Ms. Fukumitsu: Board member Fukumitsu, Second.
Ms. Short: Any discussion to be had? Hearing and seeing none I'll call for a
vote. All in favor. Please say aye.
*All members say aye in unison*
Ms. Short: Any opposition, please say Nay, Hearing and seeing none. The
motion to approve the July 17, 2024, executive session minutes has
passed.
Mr. Ho: Chair. Closed Session.
Ms. Short: Closed Session minutes. Thank you.
Motion and Vote: Vice Chair Ho moved to approve the Closed Session minutes of July 17,
2024; Board member Fukumitsu seconded; All members voted aye. Motion passed.
(10:12 a.m.)
Ms. Short: Moving right along to agenda item 4. We are now calling petition
2023-10
Ms. Wan: I’m sorry. You have one more.
Ms. Short: Oh! Executive Session. We did closed session. Thank you. Moving
on to the approval of the executive session minutes of July 17.
2024 has everyone had a chance to review those? Are we ready to
take a vote? Can I a motion to approve the executive session
minutes of July 17. 2024
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Mr. Ho: Chris Ho move to approve the executive session minutes of July
17, 2024
Ms. Short: Can I get a second?
Ms. Fukumitsu: Board member Fukumitsu, second.
Ms. Short: Any discussion to be had? Hearing and seeing none I'll call for a
vote. All in favor. Please say aye.
*All members say aye in unison*
Ms. Short: Any opposition, please say Nay. Hearing and seeing none the
motion to approve the Executive Session Minutes from July 17,
2024 hereby passes.
Motion and Vote: Vice Chair Ho moved to approve the Executive Session minutes of July
17, 2024; Board member Fukumitsu seconded; All members voted aye. Motion passed.
(10:13 a.m.)
4. UNFINISHED BUSINESS (10:13 a.m.)
a. Petition 2023-10: Review of draft Order Dismissing Petition.
Ms. Short: Moving along to Agenda Item 4a unfinished business, calling
petition number 2023-10, review of the draft order dismissing
petition 2023-10. Do we have any public testimony on this agenda
item?
Ms. Wan: The public testimony that was registered was already provided.
Ms. Short: Just making sure. Um and I'll note that DCC Wan is going to step
away from serving as our attorney for petition number 2023-10,
and we have conflict counsel from Maui Corporation, Mr. Rowe,
assisting us via zoom. Are you there Mr. Rowe?
Mr. Rowe: Good morning.
Ms. Short: Thank you. Has everyone read the draft order dismissing petition,
2023-10? Can I get a motion to approve the order dismissing
petition 2023-10?
Mr. Ho: Chris Ho move to approve draft order dismissing petition 2023-10.
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Ms. Fukumitsu: Board member Fukumitsu, second.
Ms. Short: Any discussion to be had? Hearing and seeing none. I'll call for a
vote at this time, all in favor of the order dismissing petition 2023-
10 please say aye.
*All members say aye in unison*
Ms. Short: Any opposition, please say Nay. Hearing and seeing none. The
motion passes petition 2023-10. We're gonna give a moment for
Mr. Rowe to hop off and Sylvia to come back at this time.
Mr. Rowe: Thank you Chair!
Ms. Short: Thank you!
Mr. Rowe: Have a good day everybody!
Mr. Ho: You too.
Motion and Vote: Vice Chair Ho moved to approve draft Order Dismissing Petition 2023-
10; Board member Fukumitsu seconded; All members voted aye. Motion passed. (10:15
a.m.)
b. Petition 2024-02: Review of draft Order Dismissing Petition.
Ms. Short: At this time, moving along to Agenda Item 4b. Calling Petition
2024-02 the review of the order dismissing petition 2024-02. Has
everyone read this? Seeing everyone nodding their head, yes.
Ms. Wan: Uh I'm sorry. I believe uh board member uh Lisa Fukumitsu
previously recused from this matter?
Ms. Fukumitsu: Yes.
Ms. Wan: Yes. So can we allow her to step down?
Ms. Short: Oh yes, please do. Sorry about that. Yes.
Ms. Wan: Well, you can just step down.
Ms. Fukumitsu: Okay.
Ms. Short: I think it was the next few right?
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Ms. Wan: It's for petition uh.
Ms. Short: 04 and 06?
Ms. Wan: Uh 2024-02 and 2024-04.
Ms. Short: Ok, perfect.
Ms. Wan: So um I'll just note for the record, that even with our one board
member recusing, we still have quorum with four members
present, you may proceed.
Ms. Short: Thank you. So did everyone have a chance to review the order
dismissing petition 2024-02. If so, can I get a motion?
Mr. Ho: Chris Ho. Move to approve the draft order dismissing petition
2024-02.
Ms. Short: Can I get a second?
Ms. Nakanishi: Board member Nakanishi, I second.
Ms. Short: Any discussion to be had? Hearing and seeing none. I'll call for a
vote. All in favor, please say aye.
*Board members Ho, Nakanishi and Allende say aye in unison*
Ms. Short: Any opposition, please say Nay. Hearing and seeing none the order
to dismiss petition 2024-02…
Mr. Ho: Point of order Madam Chair. Um you need to also cast your vote as
well. There was only 3 vocalized.
Ms. Wan: I was going to say, I don't know if I heard you vote.
Ms. Short: Oh yes. Aye.
Ms. Wan: Okay. Now you can read the conclusion.
Ms. Short: 2024-02 uh the motion to approve is hereby pass.
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Motion and Vote: Vice Chair Ho moved to approve draft Order Dismissing Petition 2024-
02; Board member Nakanishi seconded; Four members voted aye. One member recused.
Motion passed. (10:17 a.m.)
c. Petition 2024-04: Review of draft Order Dismissing Petition.
Ms. Short: Moving along to petition 2024-04. Did everyone have a chance to
review that order? Seeing everyone nod yes, can I get a motion?
Mr. Ho: Chris Ho, move to approve draft order dismissing Petition 2024-
04.
Ms. Nakanishi: Board Member Nakanishi, I second.
Ms. Short: Any discussion to be had? Hearing and seeing none we'll call for a
vote. All in favor, please say aye.
*All members say aye in unison*
Ms. Short: Any opposition please say Nay. Hearing and seeing none, the order
is approved. The motion passes. Yep.
Motion and Vote: Vice Chair Ho moved to approve draft Order Dismissing Petition 2024-
04; Board member Nakanishi seconded; Four members voted aye. One member recused.
Motion passed. (10:18 a.m.)
d. Petition 2024-06: Review of draft Order Dismissing Petition.
Ms. Wan: We’ll note for the record the return of board member Lisa
Fukumitsu.
Ms. Short: Thank you DCC Wan.
Ms. Short: Now calling petition 2024-06 the review of the draft order
dismissing the petition. Did everyone have a chance to review this
order? Seeing everyone nod, Yes. May I get a vote or a motion so I
can have a vote.
Mr. Ho: Chris Ho, move to approve draft order dismissing petition 2024-06.
Ms. Fukumitsu: Board Member Fukumitsu, second.
Ms. Short: Any discussion to be had? Hearing and seeing none I'll call for a
vote. All in favor, please say aye.
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*All members say aye in unison*
Ms. Short: Any opposition, please say Nay. Hearing and seeing none the order
dismissing 2024-06 is hereby approved.
Motion and Vote: Vice Chair Ho moved to approve draft Order Dismissing Petition 2024-
06; Board member Fukumitsu seconded; All members voted aye. Motion passed.
(10:19 a.m.)
e. Petition 2024-09: Review of draft Informal Advisory Opinion.
Ms. Short: Calling petition 2024-09 the review of the draft informal advisory
opinion of 2024-09. Did everyone have a chance to review this?
Seeing everyone nod, yes. Can I get a motion?
Mr. Ho: Chris Ho. move to approve draft uhh sorry. Draft informal advisory
opinion 2024-09.
Mr. Ho: Chris Ho. move to approve draft informal advisory opinion 2024-
09.
Ms. Fukumitsu: Board member Fukumitsu, second.
Ms. Wan: Do you wanna?
Ms. Short: Start that from the beginning? So we have a clean record?
Ms. Wan: Yeah.
Mr. Ho: Sure. Chris Ho, move to approve draft informal advisory opinion
petition 2024-09.
Ms. Fukumitsu: Board member Fukumitsu, second.
Ms. Short: Any discussion to be had?
Mr. Ho: Madam Chair? Move to amend uh draft informal advisory opinion
Petition 2024-09, removing Denise Nakanishi as the second in
bullet 10 and replacing with Scotty Paiva.
Ms. Short: Wait. Where? Bullet 10? I see Scotty Paiva.
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Ms. Wan: No, no, that's, this is, that's, sorry please look at… this is a,
there's… if you could flip to your binder…
Ms. Short: Yes. Oh, okay.
Ms. Wan: Do you have a second for that motion to amend?
Ms. Fukumitsu: Board Member Fukumitsu, second.
Ms. Short: Any discussion to be had? Hearing and seeing none, I'll call for a
vote on the amendment.
Ms. Wan: Yes.
Ms. Short: All in favor. Please say aye.
*All members say aye in unison*
Ms. Short: Any opposition, please say nay. Hearing and seeing none, the
amendment passes, and we will return to the motion to approve.
Ms. Wan: I'm sorry. Can I just get one clarification? Because I don't know if I
heard Erick’s vote?
Ms. Short: Erick what’s your vote?
Mr. Allende: Oh, I voted aye.
Ms. Wan: Thank you.
Ms. Short: Hearing and seeing none all in favor the amendment to the
informal advisory opinion of petition 2024-09 passes. Now may I
get a motion to approve that with the amendment?
Ms. Wan: Yes.
Motion and Vote: Vice Chair Ho moved to amend draft Informal Advisory Opinion
Petition 2024-09.; Board member Fukumitsu seconded; All members voted aye. Motion
passed. (10:21 a.m.)
Mr. Ho: Chris Ho, move to approve with amendment draft informal
advisory opinion petition 2024-09.
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Ms. Fukumitsu: Board member Fukumitsu, second.
Ms. Short: Any discussion to be had? Hearing and seeing none. I'll call for a
vote. All in favor. Please say aye.
*All members say aye in unison*
Ms. Short: Any opposition, please say Nay. Hearing and seeing none. Erick,
did we get you?
Mr. Allende: Aye.
Ms. Short: Hearing and seeing none the motion passes.
Motion and Vote: Vice Chair Ho moved to approve with amendment draft Informal
Advisory Opinion Petition 2024-09.; Board member Fukumitsu seconded; All members
voted aye. Motion passed. (10:22 a.m.)
f. Continued review and update of the Board of Ethics Rules of Practice and
Procedures.
Ms. Short: Moving to Agenda Item F, the continued review and update of the
boards of ethics, rules of practice and procedures. Deputy
Corporation Council Wan, do we have an update on that?
Ms. Wan: Yes. Deputy Corporation Council Sylvia Wan. I will note that there
have been…there…it is still being worked on. There was some
movement recently, however, it's not complete and ready for
board’s review yet.
Ms. Short: So should we get a motion to table this and address it at the next
Board meeting?
Ms. Wan: I would…I would request some more time. Yes please.
Ms. Short: Ok. Can I get a motion so that Deputy Corporation Counsel can
continue to review and we'll table till the next board meeting?
Mr. Ho: Move to the table item 4f until next meeting.
Ms. Fukumitsu: Board member Fukumitsu, second.
Ms. Short: Any discussion to be had? Hearing and seeing none, I will call for
a vote. All in favor. Please say Aye.
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*All members say aye in unison*
Ms. Short: Any opposition, please say nay. Hearing and seeing none the
motion passes, we will table that for next month's meeting.
Motion and Vote: Vice Chair Ho moved to table item 4f Continued review and update of
the Board of Ethics Rules of Practice and Procedures until the next Board meeting; Board
member Fukumitsu seconded; All members voted aye. Motion passed. (10:23 a.m.)
5. NEW BUSINESS (10:24 A.M.)
a. Petition 2024-10: Review of a Petition alleging two County Employees and two
County Officers violated the Hawaiʻi County Ethics Code.
Ms. Short: Moving right along to agenda Item 5, new business. Do we have
any public testimony at this time?
Ms. Wan: No Chair.
Ms. Short: Awesome. Calling petition 2024-10, the review of a petition
alleging two county employees and two county officers violated
the Hawaii County ethics code. I'd like to note that this board
received an email dated August 13, 2024 from Ms. Jean Campbell
stating that director Kern, Deputy Director Darrow, and inspector
Yanagi would be unavailable due to a hosting conference that starts
today. Um Ms. Campbell also submitted a written response to this
complaint seeking a dismissal of this complaint. If this board,
having reviewed the file documents, is not prepared to dismiss this
outright, the respondents are requesting that this matter be
continued to October 2024 hearing, when the planning department
staff would be available to respond to questions in person before
we address the request for a continuance by the respondents has the
board and everyone received or reviewed the written submittals
from the petitioner and respondents, seeing everyone nod their
head, Yes. Um are there any motions at this time based solely on
the written submissions of the parties?
Mr. Ho: Chris Ho. Move to reject petition 2024-10, on the grounds of
petition is speculative and frivolous based on submitted petition
material, and is not sufficient to allege a violation of the Code of
Ethics.
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Ms. Fukumitsu: Board member Fukumitsu. Second.
Ms. Short: Is there any discussion to be had?
Ms. Nakanishi: How do we move to continue? We gotta vote on this and then
make that motion?
Ms. Wan: Um, so right now, the motion on the floor is to reject it, just based
on the written filings. Um if there was…there is a request to
continue but that would be addressed by this after this particular
motion has been resolved. Right now we're just open for
discussion.
Ms. Short: So the motion on the table is to dismiss the petition outright. Do
we have any further discussion regarding the motion at hand?
Ms. Wan: Chris, do you want to at least provide some support?
Mr. Ho: Chris Ho, providing support for my motion, um based on the
material submitted, um after reviewing all of the material that was
provided to us there does not seem to be um sufficient material
written in the petition itself to warrant a violation of the code
ethics.
Ms. Wan: When you say warrant a violation, you mean it fails to meet the
elements of the alleged code.
Mr. Ho: It fails to meet the… what did you say?
Mr. Wan: The code, the code that's being cited as the as the alleged violation.
Mr. Ho: Thank you. It does not meet the criteria with relation to what is
cited as the code that is being violated.
Ms. Wan: Thank you.
Ms. Short: Do we have any further discussion regarding Chris’ motion on the
table, on the floor, excuse me, seeing that there's no further
discussion to be had, I will call for a vote at this time, all in favor
of dismissing petition 2024-10, please say Aye.
Ms. Short: Aye.
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Mr. Ho: Aye.
Mr. Allende: Aye.
Ms. Fukumitsu: Aye.
Ms. Nakanishi: Nay.
Ms. Short: OK, so the motion…
Ms. Wan: No it passes. So uh Chair at this time, you have four in favor, one
against. You need a majority of the membership, which is four, to
be in favor. You have that, the motion passes.
Ms. Short: Uh, the motion dismissing petition 2024-10 hereby passes.
Motion and Vote: Vice Chair Ho moved to reject Petition 2024-10; Board member
Fukumitsu seconded; Four members voted aye. One member voted nay. Quorum was in
the affirmative. Motion passed. (10:28 a.m.)
b. Petition 2024-11: Review of a Petition alleging a County Officer violated the Hawaiʻi
County Ethics Code.
Ms. Short: Calling petition 2024-11 the review of a petition alleging county
officer violated the Hawaii County ethics code. Do we have any
public testimony?
Ms. Wan: No, we do not.
Ms. Short: Ok I would like to note that this board received an email dated
September 9, 2024 from Ms. Dunn, the petitioner, requesting to
continue the matter to the November 13, 2024 Board of Ethics
meeting to coordinate with legal representation. The respondent
also submitted a written response to this complaint seeking a
dismissal as well as a request for a closed hearing before we
address the request for a continuance by the petitioner, has the
board and everyone received and reviewed the written submittals
from the petitioner and respondents.
Ms. Nakanishi: Madam Chair, I need to recuse myself.
Ms. Short: We'll give you a moment to do that.
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Ms. Wan: Deputy Corporation Counsel Sylvia Wan, let the record reflect at
this time that Ms. Uhhh Board member Denise Nakanishi has
recused herself and is stepping away from the dais. I will also note
for the record that we still have four members present. There is a
quorum and enough for voting membership on this matter.
Ms. Short: Ok so at this time do we have um any motions regarding this
petition based on the written submittals?
Mr. Ho: Chris Ho, move to dismiss petition 2024-11, because petitioner
fails to articulate in writing or substantiate a violation of the code
of ethics based on the written testimony.
Ms. Fukumitsu: Board member Fukumitsu, second.
Ms. Short: Is there any discussion to be had? Erick, do you have anything?
Mr. Allende: No. Not at this time.
Ms. Short: Seeing no discussion at this time, I'll call for a vote. All in favor,
please say Aye.
*All members say aye in unison*
Ms. Short: All opposed, please say nay.
Mr. Ho: One moment. We need to get Erick’s…
Mr. Allende: Aye.
Ms. Short: He said aye. All opposed, please say nay. Hearing and seeing none.
the petition is hereby dismissed.
Ms. Wan: I'm just going to note for the record that all four voted in the
affirmative.
Ms. Short: Yes.
Ms. Wan: Thank you.
Motion and Vote: Vice Chair Ho moved to dismiss Petition 2024-11; Board member
Fukumitsu seconded; Four members voted aye. One member recused. Motion passed.
(10:30 a.m.)
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c. Petition 2024-13: Review of a Petition alleging a County Officer violated the Hawaiʻi
County Ethics Code.
Ms. Short: Thank you. Moving right along, calling petition 2024-13 the
review… Do we need Denise?
Ms. Wan: No.
Ms. Short: Are you recusing yourself from this one as well?
Ms. Nakanishi: Yes.
Ms. Short: Okay, okay.
Ms. Wan: Deputy Corporation Counsel Sylvia Wan, I’ll just note for the
record that Ms. Denise Nakanishi is also recusing from this matter
and is remaining away from the dais. Thank you.
Ms. Short: Thank you.
Ms. Wan: You still have quorum.
Ms. Short: Thank you. Calling petition 2024-13, the review of a petition
alleging a County Officer violated the Hawaii County ethics code.
Do we have any public testimony on this agenda item?
Ms. Wan: No, we do not Chair.
Ms. Short: Thank you. I'd like to note that this board received an email dated
September 9, 2024 from Mr. Powell, the petitioner, requesting to
continue the petition because he has no way to zoom and is located
in Kona. Mr. Powell is requesting the board hold a meeting at the
West Hawaii Civic Center. And note the respondent also submitted
a written response to this complaint seeking a dismissal, as well as
a request for a closed hearing. Before we address the request for a
continuance by the petitioner has the board and everyone received
and reviewed the written submittals from the petitioner and the
respondents. I see Erick's…Yes, he said yes. Um based solely on
the written statements of the parties, are there any motions at this
time?
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Mr. Ho: Chris Ho, move to dismiss 2024-13, because petitioners failed to
articulate in writing a violation of the code of ethics based on the
written testimony.
Ms. Fukumitsu: Board member Fukumitsu, second.
Ms. Short: Any discussion to be had? Hearing and seeing none I'll call for a
vote. All in favor. Please say aye.
*All members say aye in unison*
Ms. Short: Any opposed, please say nay. No opposition, we have an
affirmative vote petition 2024-13 is hereby dismissed. All four
members voted yes.
Ms. Wan: Um and I'll just note for the record. Deputy Corporation Counsel
Sylvia Wan, I did hear uh Erick vote in the affirmative. It was just
very short.
Ms. Short: Yes. All four members voted in the affirmative.
Ms. Wan: Thank you.
Ms. Short: Thank you.
Motion and Vote: Vice Chair Ho moved to dismiss Petition 2024-13; Board member
Fukumitsu seconded; Four members voted aye. One member recused. Motion passed.
(10:32 a.m.)
Ms. Short: Moving right along to number six. Executive Session. I’m going to
give Denise a second to come back. Noting how efficient your
chair is.
Ms. Wan: Deputy Corporation Counsel Sylvia Wan. I’ll note for the record
the return of Board member Denise Nakanishi. We presently have
5 board members.
Ms. Short: Thank you Corporation Counsel. Moving on to Agenda Item
number six, Executive Session. Can I get a motion from a board
member to enter into executive session please?
Mr. Ho: Chris Ho, I move that we go into executive session to review
confidential financial disclosure forms filed pursuant to section 2-
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91.1(d) of the Hawaii County code by county board and
commission members and designated county employees where
personnel matters, excuse me personal matters, will be reviewed
and where this board may also consult with the board's attorney on
questions and issues pertaining to the board's powers, duties,
privileges, communities and liabilities, pursuant to Hawaii Revised
Statute sections, 92-4, 92-5 and 92-6.
Ms. Fukumitsu: Board Member Fukumitsu, second.
Ms. Short: Any discussion? Hearing and seeing, none all in favor please say,
aye.
*All members say aye in unison*
Ms. Short: Any opposition, please say nay. Erick? We need your verbal.
Mr. Allende: Oh I said Aye.
Ms. Short: Aye. Perfect.
Mr. Allende: I’m sorry.
Ms. Short: Affirmative. We will move into executive session as of 10:34am
here on September 11, we'll give a moment for everyone to make
that happen.
6. EXECUTIVE SESSION
Board moves into Executive Session (10:34 a.m.)
Board ends Executive Session (12:19 p.m.) Ms. Short: We are now in open session, moving right along. Chris?
Ms. Wan: Do you want to do a quick uh summary of what occurred? In executive session? Ms. Short: Ahh yes, during executive session, we reviewed and signed off on
confidential financial and gift disclosure information.
Ms. Wan: And additional ly, there were two recesses in the middle of uh Executive Session, one for biological break for the Board. And second due to technical difficulties.
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Ms. Short: Yes, at this time, do we have any motions prior to moving on to
agenda item number seven?
Mr. Ho: Chris Ho. Move to approve um Items 6. Excuse me. Item 6a numbers 1 through 78 excluding number 1, number 13, number 17, number 19, number 25, number 31, number 32, number 41,
number 42, number 43, number 55, number 60, number 61,
number 63, number 64, number 69, and number 74. Ms. Short: Do I have a second on that motion?
Ms. Fukumitsu: Board Member Fukumitsu. Second.
Ms. Short: Any discussion to be had? Hearing and seeing none. All in favor, please say aye.
*All members say aye in unison*
Ms. Short: Any opposition, please say Nay. Hearing and seeing none. The motion passes. Motion and Vote: Vice Chair Ho motions to approve item 6a with exclusions; Board
member Fukumitsu seconded; All members voted aye; Motion passed. (12:22 p.m.)
Ms. Short: Moving right along to Agenda Item number 7, our announcements.
Mr. Ho: Madam Chair? I have more.
Ms. Short: Oh ok. Continue.
Mr. Ho: Move to approve Item 6b, numbers 1 through 18, excluding
number 14.
Ms. Fukumitsu: Board member Fukumitsu. Second.
Ms. Short: Any discussion to be had? Hearing and seeing none I’ll call for a
vote all in favor please say aye.
*All members say aye in unison*
Ms. Short: Any opposition please say nay. Hearing and seeing none the
motion passes.
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Motion and Vote: Vice Chair Ho motions to approve item 6b with exclusions; Board
member Fukumitsu seconded; All members voted aye; Motion passed. (12:23 p.m.)
Mr. Ho: And finally move to approve 6c numbers 1 through 28 excluding
number eight and number 12.
Ms. Fukumitsu: Board member Fukumitsu. Second.
Ms. Short: Any discussion to be had? Hearing and seeing none I’ll call for a
vote all in favor please say aye.
*All members say aye in unison*
Ms. Short: Any opposition please say nay. Hearing and seeing none the
motion passes.
Motion and Vote: Vice Chair Ho motions to approve item 6c with exclusions; Board
member Fukumitsu seconded; All members voted aye; Motion passed. (12:24 p.m.)
7. ANNOUCEMENTS (12:24 P.M.)
a. The next monthly meeting of the Board of Ethics is scheduled for Wednesday,
October 9, 2024, at 10:00 a.m. at the Hawai‘i County Building, Council Chambers,
25 Aupuni Street, Hilo, Hawai‘i 96720.
Ms. Short: Now we move on to Agenda Item number 7, our
announcements the next monthly meeting of the Board of Ethics is
scheduled for Wednesday, August 14 is not correct. Wednesday,
October 9, 2024 at 10am at the Hawaii County Council building,
council chambers here where we are presently.
8. ADJOURNMENT (1:24 A.M.)
Ms. Short: Moving along to Agenda Item number 8, adjournment. Can I get a
motion to adjourn at 12:24pm?
Ms. Fukumitsu: Board member Fukumitsu move to adjourn at 12:24 p.m.
Ms. Short: Can I get a second?
Mr. Ho: Chris Ho. Second.
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Ms. Short: Any discussion to be had? Hearing and seeing none I’ll call for a
vote all in favor please say aye.
*All members say aye in unison*
Ms. Short: Any opposition please say nay. 12: 24 p.m. Wednesday, September
11, 2024 this concludes our Hawaii County Board of Ethics
meeting. Thank you everyone.
Motion and Vote: Board member Fukumitsu moved to adjourn the Hawaii County Board
of Ethics meeting; Vice Chair Ho seconded; All members voted aye; Meeting Adjourned.
(12:24 p.m.)
Respectfully submitted:
Khayla-Lei Peiler, Secretary