HomeMy WebLinkAbout2009-08-12 Board of Ethics Agenda1.
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BOARD OF ETHICS, County of Hawaii
101 Aupuni Street, Suite 325, Hilo, Hawaii 96720
AGENDA
Wednesday, August 12, 2009 —10:00 a.m.
101 Aupuni Street, Suite 230
(Department of Liquor Control Conference Room)
Hilo, Hawai `i 96720
CALL TO ORDER
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
APPROVAL OF MINUTES
Minutes of the July 8, 2009, Regular Session.
COMMUNICATIONS
a. Communication No. 2009 -041: Memo dated 7/2/09 to the Office of Information
Practices and the Board of Ethics re "Violations of Hawai`i's Sunshine Laws,
Filing of Civil Action against the Members of the Hawaii County Board of
Ethics, and the County of Hawaii, et al., in the 9`" U.S. Court of Appeals for
violations of 42 U.S.C. § 1986, 42 U.S.C. § 1983, 42 U.S.C. § 1985."
b. Communication No. 2009 -042: Memo dated 7/7/09 to the Board of Ethics and
the FBI re "Violations by the Hawaii County Board of Ethics, of Hawaii County
Board of Ethics RULE 4.13 Confidentiality, in violation of 18 U.S.C. §3
Accessory after the fact, to RICO Act violations of 18 U.S.C. §1512 Tampering
with a witness, Victim, or an informant."
C. Communication No. 2009 -046: Letter from Charles Totto of the City and County
of Honolulu Ethics Commission dated 7/10/09 to the Hawaii County, Maui
County, and Kauai County Board of Ethics, regarding "State Legislation to
Clarify County Ethics Agencies' Power to Impose Civil Fines, S.B. No. 531 (and
128) and H.B. No. 626.
UNFINISHED BUSINESS
a. Further discussion on clarifying lobbyist registration requirements, including
Communication No. 2009 -045 (memo to Renee Schoen from Kenneth Goodenow
dated 7/9/09, regarding clarification of the County's lobbyist registration
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a. Communication No. 2009 -041: Memo dated 7/2/09 to the Office of Information
Practices and the Board of Ethics re "Violations of Hawai`i's Sunshine Laws,
Filing of Civil Action against the Members of the Hawaii County Board of
Ethics, and the County of Hawaii, et al., in the 9`" U.S. Court of Appeals for
violations of 42 U.S.C. § 1986, 42 U.S.C. § 1983, 42 U.S.C. § 1985."
b. Communication No. 2009 -042: Memo dated 7/7/09 to the Board of Ethics and
the FBI re "Violations by the Hawaii County Board of Ethics, of Hawaii County
Board of Ethics RULE 4.13 Confidentiality, in violation of 18 U.S.C. §3
Accessory after the fact, to RICO Act violations of 18 U.S.C. §1512 Tampering
with a witness, Victim, or an informant."
C. Communication No. 2009 -046: Letter from Charles Totto of the City and County
of Honolulu Ethics Commission dated 7/10/09 to the Hawaii County, Maui
County, and Kauai County Board of Ethics, regarding "State Legislation to
Clarify County Ethics Agencies' Power to Impose Civil Fines, S.B. No. 531 (and
128) and H.B. No. 626.
UNFINISHED BUSINESS
a. Further discussion on clarifying lobbyist registration requirements, including
Communication No. 2009 -045 (memo to Renee Schoen from Kenneth Goodenow
dated 7/9/09, regarding clarification of the County's lobbyist registration
requirements and enclosing recommended changes to the Lobbyist Registration
Form by the Office of the County Clerk).
b. Further discussion on the requirements and purpose of gift disclosure statements,
and further review of the Gift Disclosure Statements received from Council -
members Brenda Ford, Peter Hoffmann, Donald Ikeda, Emily Naeole, and Dennis
Onishi.
6. 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 will 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
FIRS Section 92 -6.
a. Approval of July 8, 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:
Name
Position
Board, Commission,
or Department
1 Wayne Joke a
Commissioner
Planning Commission
2 Louis Kaoiwi
Commissioner
Fire Commission
3 Zendo Kern (re- review)
Commissioner
Planning Commission
C. Communication No. 2009 -044: Letter from the Office of Information Practices
dated 7/9/09 to the Board of Ethics, requesting a detailed explanation setting forth
the Board's position on the memo dated 7/2/09 (Comm. No. 2009 -041).
d. Communication No. 2009 -050: Letter from Deputy Corporation Counsel Renee
Schoen to the Office of Information Practices dated 7/23/09, regarding the memo
dated 7/2/09 (Comm. No. 2009 -041).
7. ANNOUNCEMENTS
The next monthly meeting of the Board of Ethics is scheduled for September 9, 2009, at
10:00 a.m. at the Department of Liquor Control in Hilo at 101 Aupuni Street, Suite 230.
8. 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), Hawaii 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.
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