HomeMy WebLinkAbout2009-09-23 Board of Ethics Agenda1.
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BOARD OF ETHICS, County of Hawaii
101 Aupuni Street, Suite 325, Hilo, Hawai'i 96720
AGENDA
Wednesday, September 23, 2009 — 10:00 a.m.
101 Aupuni Street, Suite 230
(Department of Liquor Control Conference Room)
Hilo, Hawaii 96720
CALL TO ORDER
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
APPROVAL OF MINUTES
Minutes of the August 12, 2009, Regular Session.
COMMUNICATIONS
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a. Communication No. 2009 -64: Hawaii Police Department Annual Report Fiscal
Year 2007 -2008.
b. Communication No. 2009 -66: Letter from Mayor William Kenoi dated 9/14/09
regarding proposed amendments to the Ethics Code.
NEW BUSINESS
a. Petition No. 2009 -6: Petitioners allege 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."
b. Petition No. 2009 -7: Petitioners allege 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."
C. Petition No. 2009 -8: Petitioner is seeking an opinion from the Board on whether
his employment as a property manager with the County of Hawaii is in conflict
with his ownership of a small real estate company which will have no transactions
with the County.
d. Counsel's Report Regarding Matters and/or Inquiries Received by the Board,
including:
(1) Gift Disclosure Statements received from Brian DeLima (Merit Appeals
Board), Searle Grace (Salary Commission), Patricia Provalenko (Salary
Commission), and Henry Silva (Merit Appeals Board).
(2) Incomplete and/or moot petitions filed with the Board, if any.
6. UNFINISHED BUSINESS
a. Further discussion/update on clarifying lobbyist registration requirements,
including Communication No. 2009 -63 (9/2/09 letter from County Clerk Kenneth
Goodenow regarding recommended changes to the Lobbyist Registration Form
and accompanying instructions).
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 Hawaii, 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 Hawaii Revised
Statutes ( "HRS ") Sections 92- 5(a)(2) and (4), the following items may be considered in
Executive Session. The Board may also convene in Adjudicatory Session pursuant to
HRS Section 92 -6.
a. Approval of August 12, 2009, Executive Session minutes.
b. 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 will be reviewed:
8. ANNOUNCEMENTS
The next monthly meeting of the Board of Ethics is scheduled for October 14, 2009, at
10:00 a.m. at the Department of Liquor Control in Hilo at 101 Aupuni Street, Suite 230.
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Board, Commission,
Name
Position
or Department
1 Sherman Warner
Commissioner
Environmental Management
Commission
8. ANNOUNCEMENTS
The next monthly meeting of the Board of Ethics is scheduled for October 14, 2009, at
10:00 a.m. at the Department of Liquor Control in Hilo at 101 Aupuni Street, Suite 230.
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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 Hawaii 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 -
Council, Ben Franklin Building, 333 Kilauea Ave., 2nd Floor, Hilo, Hawaii 96720.