HomeMy WebLinkAbout2009-11-19 Board of Ethics Agenda
BOARDOFETHICS
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101AupuniStreet,Suite325,Hilo,I Þ zwz96720
A G E N D A
Thursday, November 19, 2009 Î 10:00 a.m.
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333 Klauea Avenue, 2 Floor
(County Council Chambers Î Hilo)
Hilo, HawaiÒi 96720
and Via Videoconference at
75-5722 Hanama Place (Kona MayorÓs Office)
Kailua-Kona, HawaiÒi 96740
1. CALL TO ORDER
2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
3. APPROVAL OF MINUTES
Minutes of the October 14, 2009, Regular Session.
4. COMMUNICATIONS
a. Communication No. 2009-81: Email to the Board dated 10/16/09, Ðurging the
Board of Ethics to reconsider the decision rendered on Petition 2009-7.Ñ
b. Communication No. 2009-83: Letter to the Board dated 10/9/09, clarifying that
the writer does not believe members of the Ethics Board are in ÐSafarikÓs camp as
reported in the HawaiÒi Tribune Herald,Ñ and regarding Board member Diane
Gentry.
c. Communication No. 2009-84: The High Road publication by the HawaiÒi State
Ethics Commission, October 2009.
d. Communication No. 2009-87: Memo to Honolulu Mayor Hannemann from
Charles Totto of the Honolulu Ethics Commission dated 10/27/09 regarding
HawaiÒi Council of Mayors, Legislation (S.B. No. 531 and H.B. No. 626,
Clarifying County Ethics AgenciesÓ Process for Imposing Civil Fi
e. Draft Informal Advisory Opinion regarding Petition No. 2009-9 (heard at the
BoardÓs October 14, 2009, meeting, and regarding the pen-throwin
the June 2, 2008, Council meeting).
5. NEW BUSINESS
a. Petition No. 2009-10: Petitioner alleges 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 Ðin an unfair and biased manner, based on the fact that
she opposed his opinion.Ñ
b. Petition No. 2009-11: Petitioner alleges that a County officer or employee
violated Section 2-83(a)(3) of the Code of Ethics (regarding fair treatment) by
violating his Ðconstitutional 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.Ñ
c. Petition No. 2009-13: Petitioner is seeking an opinion from the Board on whether
her employment with the County of HawaiÒi is in conflict with her serving on the
State Elections Commission.
d. CounselÓs Report Regarding Matters and/or Inquiries Received by the Board,
including:
(1) Gift Disclosure Statement received from Gary Sirman of the Workforce
Investment Board, reporting that no gifts were received.
(2) Petition 2009-5 regarding the temporary hire of a retired employee.
6. UNFINISHED BUSINESS
a. Discussion on Mayor KenoiÓs proposed amendments to the Ethics Code.
7. EXECUTIVE SESSION
With reference to the agenda items listed below, one or more exe
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 HawaiÒi, where
considerations of matters affecting privacy will be involved. The Board may also consult
with the BoardÓs attorney on questions and issues pertaining to the BoardÓs powers,
duties, privileges, immunities, and liabilities. Therefore, pur
Statutes (ÐHRSÑ) Sections 92-5(a)(2) and (4), the following items may be considered in
Executive Session.
a. Approval of the minutes of the October 14, 2009, Executive Se
b. Review of Confidential Financial Disclosure Forms filed pursuant to Section 2-
91.1(d), HawaiÒi County Code, by County board and commission mem
designated County employees, where personal matters will be reviewed:
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Board, Commission,
NamePositionor Department
1 Gary Sirman Member Workforce Investment Board
c. Draft letter from the Board to the Petitioner in Petition No. 2009-12, wherein the
Petitioner alleges that the Board violated Section 2-83 (fair treatment) of the
Ethics Code by violating the Sunshine Law and its Rules of Practice and
Procedure.
8. ANNOUNCEMENTS
The next monthly meeting of the Board of Ethics is scheduled for
10:00 a.m., at the conference room at the Department of Liquor Control at 101 Aupuni
Street, Suite 230, Hilo, HawaiÒi 96720.
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-
nd
Council, Ben Franklin Building, 333 Kilauea Ave., 2 Floor, Hilo, Hawaii 96720.
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