HomeMy WebLinkAbout2008-06-25 Board of Ethics Agenda
BOARDOFETHICS
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101AupuniStreet,Suite325,Hilo,I Þ zwz96720
A G E N D A
Wednesday, June 25, 2008 – 10:30 a.m.
nd
333 Kilauea Avenue, 2 Floor
(County Council Chambers)
Hilo, Hawai‘i 96720
1. CALL TO ORDER
2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
3. ELECTION OF OFFICER (CHAIR)
4. APPROVAL OF MINUTES
Minutes of the April 9, 2008, Regular Session.
Minutes of the April 9, 2008, Executive Session.
5. COMMUNICATIONS
a.Communication No. 2008-43: Anonymous letter to the Board dated 3/28/08
regarding false claiming of mileage reimbursement.
b.Communication No. 2008-46: Lincoln Ashida memo dated 4/3/08 re updated
checklist for Board and Commission Application and Nomination Process.
c.Communication No. 2008-50: Tricia Malanka letter dated 5/6/08, resigning from the
Board for personal reasons.
d.Communication No. 2008-53: Lincoln Ashida letter dated 5/27/08 to Stanley Roehrig
responding to Mr. Roehrig’s 5/23/08 letter re Councilwoman Emily Nae‘ole, in which
he requests discoverable materials relating to the Board’s inquiry regarding public
officials using their photographs in newspaper ads. (Note: this Communication
requires a response by the Board.)
6. NEW BUSINESS
a.Petition No. 2008-5: Petition from Councilmember Bob Jacobson, requesting an
opinion on the use of his photograph on his Council stationery letterhead.
b.Petition No. 2008-6: Petition regarding Finance Director William Takaba and former
Real Property Tax Administrator Wesley Takai on whether they benefited unfairly or
had a conflict of interest regarding Ordinance No. 07-107, relating to the Affordable
Rental Housing Classification for properties in the affordable rental housing class as
of 1/1/08.
7. UNFINISHED BUSINESS
a.Report from counsel on the status of the Board’s request for a time limit for
incumbents who are seeking reelection in an election year on sending mail-outs using
County funds.
b.Report from counsel on the status of Council Bill 209, relating to the imposition of
administrative fines for violations of the County Code of Ethics (includes
Communication 2008-42, an email from Lincoln Ashida, Corporation Counsel).
c.Report from counsel on the possible pursuit of an amendment to Section 2-85(b) of
the Hawai‘i County Code regarding the prohibition of contracting with former
employees and retirees.
d.Ongoing discussion on the Sunshine Law.
8. EXECUTIVE SESSION
(closed to the public). The Board anticipates convening an
executive meeting regarding the following, pursuant to Sections 92-5(a)(4) and
92-5(a)(5), Hawai‘i Revised Statutes, as amended, for the purpose of consulting with the
Corporation Counsel and/or its attorney on questions and issues pertaining to the Board’s
powers, duties, privileges, immunities and liabilities.
a.Discussion on whether the Board should release Communication Nos. 2008-3, 2008-
17, and various emails between the Corporation Counsel, the Board, and Wayne
Joseph, former chair, to attorney Stanley Roehrig pursuant to his 5/23/08 letter (see
agenda item 5d, above). These communications deal with the Board’s earlier inquiry
and investigation to determine prospectively whether it is a violation of the Code of
Ethics for elected and incumbent County officers to utilize their pictures in official
County advertisements paid for with County funds.
b.Review of Confidential Financial Disclosure Forms filed pursuant to Section 2-
91.1(d), Hawai‘i County Code, by County board and commission members, where
personal matters will be reviewed:
Board, Commission,
NamePositionor Department
1 Donovan Akau* Building Inspector Public Works Department
2 Richard Behenna Member Police Commission
3 Maija Cottle Planner III Planning Department
4 Bruce Emond Plumbing Inspector Public Works Department
5 Susan Gagorik* Planner VI Planning Department
6 Michael Gleason Vice Chair Workforce Investment Board
7 Jonathan Holmes* Planner III Planning Department
8 Burton Hunter, Jr. Investigator Trainee Liquor Control Department
9 Mark Jacobsen* Building Inspector Public Works Department
10 Kelvin Kelii* Electrical Inspector Public Works Department
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Board, Commission,
NamePositionor Department
11 Howard Kelly Commissioner Liquor Commission
12 Bernard Konanui* Member Water Board
13 Francis Kuailani, Sr.* Member Water Board
14 Randall Kurohara Director Workforce Investment Board
15 Karen Maedo* Member Board of Appeals
16 Kehaunani Masaki Supervising Building Public Works Department
Inspector
17 Robert Meierdiercks* Member Water Board
18 James Morton Plumbing Inspector Public Works Department
19 Thomas Murray* Assistant Building Public Works Department
Inspector
20 Joseph Nakao* Supervising Public Works Department
Plumbing Inspector
21 Sara Narimatsu* Member Workforce Investment Board
22 Merton Ogata* Superintendent Environmental Management
Department
23 Shelly Ogata* Commissioner Planning Commission
24 Dana Okano* Planner IV Planning Department
25 Steven Okoji Commissioner Environmental Management
Commission
26 Henry Silva Member Merit Appeals Board
27 Hugh Willocks Member Workforce Investment Board
*These are for re-review
9. ANNOUNCEMENTS
The next monthly meeting of the Board of Ethics is scheduled for July 9, 2008, at 10:00
a.m. at the Department of Liquor Control’s conference room at 101 Aupuni Street, Suite
230, Hilo.
10. 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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