HomeMy WebLinkAbout2009-12-09 Board of Ethics Agenda
BOARDOFETHICS
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101AupuniStreet,Suite325,Hilo,I Þ zwz96720
A G E N D A
Wednesday, December 9, 2009 – 10:00 a.m.
101 Aupuni Street, Suite 230
(Department of Liquor Control Conference Room)
Hilo, Hawai‘i 96720
1. CALL TO ORDER
2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
3. APPROVAL OF MINUTES
Minutes of the November 19, 2009, Regular Session.
4. COMMUNICATIONS
a.Communication No. 2009-91: Memo from the County Clerk attaching Resolution
No. 249-09, which declares the County of Hawai‘i’s “commitment to
sustainability principles by setting a path toward implementation of the policies
developed by the Mayor’s Green Team.”
b. Draft Informal Advisory Opinion regarding Petition No. 2009-10 (heard at the
Board’s November 19, 2009, meeting and alleging that a County officer or
employee violated Section 2-83(a)(3) of the Code of Ethics (regarding fair
treatment) by treating a council person “in an unfair and biased manner, based on
the fact that she opposed his opinion”).
c. Draft Informal Advisory Opinion regarding Petition No. 2009-11 (heard at the
Board’s November 19, 2009, meeting and alleging that a County officer or
employee violated section 2-83(a)(3) of the Code of Ethics (regarding fair
treatment) by violating his “constitutional right to petition the government by
abridging my ability to speak at a public meeting [while allowing] others to speak
even on items not on the agenda”).
d. Draft Informal Advisory Opinion regarding Petition No. 2009-13 (heard at the
Board’s November 19, 2009, meeting, wherein Petitioner sought an opinion from
the Board on whether her employment with the County of Hawai‘i is in conflict
with her serving on the State Elections Commission.)
e.Communication No. 2009-95: Letter from the Board to the Petitioner in Petition
No. 2009-12, rejecting the petition on jurisdictional grounds and pursuant to
Section 2-86 of the Hawai‘i County Code, wherein Petitioner alleged “willful
violations of Hawai‘i’s Sunshine Law.”
5. NEW BUSINESS
There is no new business.
6. UNFINISHED BUSINESS
a. Further discussion on Mayor Kenoi’s proposed amendments to the Ethics Code,
and consideration of any other proposed amendments to the Ethics Code.
7. EXECUTIVE SESSION
With reference to the agenda items listed below, one or more executive meetings are
anticipated. In particular, the Board of Ethics anticipates it may consider the evaluation,
dismissal, or disciplining of an officer or employee of the County of Hawai‘i, where
considerations of matters affecting privacy will be involved. The Board may also consult
with the Board’s attorney on questions and issues pertaining to the Board’s powers,
duties, privileges, immunities, and liabilities. Therefore, pursuant to Hawai‘i Revised
Statutes (“HRS”) Sections 92-5(a)(2) and (4), the following items may be considered in
Executive Session.
a. Approval of the minutes of the November 19, 2009, Executive Session.
b.Communication No. 2009-94: Letter from the Office of Information Practices to
the Board dated November 18, 2009, requesting explanation as to whether the
Board’s agenda for its November 19, 2009, meeting violated Chapter 92 of the
Hawai‘i Revised Statutes, and Communication No. 2009-96: letter from Deputy
Corporation Counsel Renee Schoen to the Office of Information Practices
regarding Communication No. 2009-94.
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8. ANNOUNCEMENTS
The next monthly meeting of the Board of Ethics is scheduled for January 13, 2010, at a
location to be determined.
9. ADJOURNMENT
NOTE: If you require an accommodation or auxiliary aid and/or services to
participate in this meeting (i.e., sign language, interpreter, large print), please call
961-8304, ext. 101).
NOTICE TO LOBBYISTS
If you are a lobbyist, you must register with the Hawai‘i County Clerk within five days of becoming a
lobbyist (Article 15, Section 2-91.3(b), Hawai‘i County Code).
A lobbyist means “any individual engaged for pay or other consideration who spends more than five
hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative
or administrative action by communicating or urging others to communicate with public officials.”
(Article 15, Section 2-91.3(a)(6), Hawai‘i County Code.)
Registration forms and expenditure report documents are available at the Office of the County Clerk-
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Council, Ben Franklin Building, 333 Kilauea Ave., 2 Floor, Hilo, Hawai‘i 96720.
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