HomeMy WebLinkAbout2009-10-14 Board of Ethics Agenda
BOARDOFETHICS
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101AupuniStreet,Suite325,Hilo,I Þ zwz96720
A G E N D A
Wednesday, October 14, 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 September 23, 2009, Regular Session.
4. COMMUNICATIONS
a.Communication No. 2009-64: Hawai‘i Police Department Annual Report Fiscal
Year 2007-2008.
b.Communication No. 2009-71:OpenLinepublication of the Office of Information
Practices, August 2008.
c. Draft Informal Advisory Opinion for Petition No. 2009-6 (petition was heard at
the Board’s 9/23/09 meeting, regarding the allegation that a County officer or
employee violated Sections 2-83(a)(3) and 2-83(b)(5) of the Code of Ethics
(regarding fair treatment) and “needs to be instructed to stop being discourteous
and unfair to the public, and needs to understand our First Amendment Rights, in
stopping . . . racist remarks and overbearing references to religion.”)
d. Draft Informal Advisory Opinion for Petition No. 2009-7 (petition was heard at
the Board’s 9/23/09 meeting, regarding the allegation that a County officer or
employee violated Section 2-83(a)(3) of the Code of Ethics (regarding fair
treatment) by making “insulting gestures during the time of testifiers exercising
their constitutional First Amendment rights to free speech.”)
e. Draft Informal Advisory Opinion for Petition No. 2009-8 (petition was heard at
the Board’s 9/23/09 meeting, seeking an opinion from the Board on whether the
petitioner’s employment as a property manager with the County of Hawai‘i was in
conflict with his ownership of a small real estate company which will have no
transactions with the County.)
f. Draft communication from the Board to the legislature in support of Senate Bills
531 and 128 and House bill 626, regarding the imposition of administrative fines.
5. NEW BUSINESS
a.Petition No. 2009-9: Petitioners allege that a County officer or employee violated
Section 2-83(a)(3) of the Code of Ethics (regarding fair treatment) by throwing a
pen at the June 2, 2008, County Council meeting.
b. Discussion on Mayor William Kenoi’s proposed amendments to the Ethics Code
(reference Communication No. 2009-66 from the Board’s 9/23/09 agenda).
6. UNFINISHED BUSINESS
There is no Unfinished Business for this meeting.
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 September 23, 2009, Executive Session.
b.Communication No. 2009-72: Email to the Board’s secretary dated 9/15/09,
regarding “More Willful Violations of Hawai‘i Sunshine Law,” and
Communication No. 2009-73: Deputy Corporation Counsel Renee Schoen’s
10/2/09 response to Communication 2009-72.
c.Communication No. 2009-69: Letter from the Office of Information Practices to
the Board dated 9/23/09, requesting explanation as to whether the Board’s agenda
for its 9/23/09 meeting violated Chapter 92 of the Hawai‘i Revised Statutes, and
Communication No. 2009-74 : letter from Deputy Corporation Counsel Renee
Schoen to the Office of Information Practices regarding Communication No.
2009-69.
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d. Draft letter from the Board to Zendo Kern regarding his confidential financial
disclosure.
e. 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:
Board, Commission,
NamePositionor Department
1Guy Kaulukukui CommissionerCharter Commission
2Scott Stabo Commissioner Fire Commission
8. ANNOUNCEMENTS
The next monthly meeting of the Board of Ethics will be at a date and time to be
announced (its regular date of November 11, 2009, falls on a holiday).
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
Floor, Hilo, Hawai‘i 96720.
Council, Ben Franklin Building, 333 Kilauea Ave., 2
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