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HomeMy WebLinkAbout2005-02-09 Board of Ethics Minutes RegularHAWAII COUNTY BOARD OF ETHICS MINUTES — REGULAR SESSION February 9, 2005 — 10:00 a.m. County Building, Elections Conference Room 25 Aupum Street, Suite 105B, Hilo, Hawaii Present: Reeve Williams, Chairman Sharon Cislo, Vice Chairman Leroy Victorine Kerry Inouye Patricia K. O'Toole, Deputy Corporation Counsel Paulette Cainglit, Secretary Mary Crosson, Secretary 2206= CHAIR: It's ten o'clock and the meeting of the Board of Ethics will come to order. Inasmuch as there's no members from the public to make a statement, we'll move right into the agenda. Do we approve the minutes of the regular session, December 8? Are there any discussions on these minutes, any changes or corrections? KI: Move to accept. SC: I second that. CHAIR: All in favor? SC: Aye. LV: Aye. KI: Aye. CHAIR: So moved. So we'll move into—do we accept the Executive Session minutes of December 8, any changes or corrections or matters of discussion? SC: I move to accept and file. CHAIR: All in favor? SC: Aye. LV: Aye. KI: Aye. CHAIR: So moved. Moving right along to the Communications. 24 -dash, 2004- 26, The High Road, have you all had a chance to review that? SC: Yes. LV: Move to accept and file. SC: I second. CHAIR: In favor? SC: Aye. LV: Aye. KI: Aye. CHAIR: Communication 2004 -27, letter to the Board of Ethics from Paul deSilva, sending us his holiday greetings. LV: Move to accept and file. SC: I second. Very nice letter. CHAIR: Very nice letter. Accepted and approved, and need to file. 2004 -28, article published on the County website. LV: Move to accept and file. SC: Is that the Board of Ethics article? CHAIR: Yeah, it's the Board of Ethics SC: Okay, second. CHAIR: Any discussions, corrections? All in favor? LV: Aye. SC: Aye. KI: Aye. 2 CHAIR: So moved. Communication 2005 -01, dated January 10, assignments within the Corporation Counsel which Mary. LV: Move to accept and file. SC: Second. CHAIR: All in favor? LV: Aye. SC: Aye. KI: Aye. CHAIR: So moved. Unfinished Business SC: We have one more CHAIR: Correct. Communication No. 2005-02- - LV: Move to accept and file. CHAIR: - -which was SC: The Sunshine Law Workshop Training item. CHAIR: Okay, Workshop Training— SC: And I second that motion. CHAIR: And all in favor? LV: Aye. SC: Aye. KI: Aye. CHAIR: Do we have anyone here that is for West Hawai'i . Moving right on to Unfinished Business. We have Petition No. 2004 -02, Paul deSilva /Manago, the approval of the informal advisory opinion regarding violation of County Code of Ethics. Have you all had a chance to review this? LV: Yes. SC: I make a motion to adopt Petition No. 2004 -02. 3 CHAIR: Do I hear a second? LV: Second. CHAIR: All in favor? SC: Aye. LV: Aye. KI: Aye. CHAIR: Move the adopted. And number two is Petition No. 2004 -03, Hawai'i Island Veterans Memorial /Louis Kaoiwi, advisory opinion regarding violation of County Code of Ethics. LV: Move to adopt. CHAIR: Move to adopt. Second? SC: I second that. CHAIR: All in favor? LV: Aye. KI: Aye. SC: Aye. CHAIR: So, New Business. Review of Financial Disclosure Statements filed pursuant to §2 -91, Hawai'i County Code, the following named individuals: Bill Graham, Planning Commission; Connie Kiriu, County Clerk; Hugh Ono, Environmental Management; Rene Siracusa, Planning; Yukio Takeya, Liquor; and George Wilkins, Water. Do we have those? PKO: Let meI'd like to strike Connie Kiriu. CHAIR: Okay. PKO: She filed an open disclosure at the County Clerk's, and she was confused as to whether she had to file one with us as ex officio member or . I told her we'll just remove it, since hers is -- CHAIR: That's fine. M PKO: - -filed openly. CHAIR: So, as amended. PC: So I'll take Connie Kirin out, then. CHAIR: Yep, and we'll SC: Is this the new form now? PKO: No. SC: No —this is the old one. PKO: Yes. (Time passes while they review the financial disclosures.) PKO: That may be the long form for a new member. CHAIR: It is. PKO: And then there's this short form SC: This just looks like a different form CHAIR: A short form. Yeah, you're right. He sure took a short form and made it into a long form, didn't he? PKO: We didn't revise the form. SC: Look at this one. It's a different looking form. It's different looking. PKO: Oh, yeah. Yeah. SC: This was signed before we got this in, so this is the short form. CHAIR: Yeah. Did you draft the petition? PKO: Yeah. If you call that drafting. It was very hard. SC: This one here, That's this one. So we may have to check this one. CHAIR: You don't want to sign those kinds. SC: Okay. He's got —he's got something going on there. CHAIR: You got a red pen? SC: because everything else is check - marked. Correct me if I'm wrong. CHAIR: Okay, we've reviewed all but one. Mr. Yukio Takeya has failed to , so we'll move to accept and file the four mentioned Graham, Siracusa, Ono, and Wilkins. KI: Move to accept and file. LV: Second. CHAIR: One omission, he has to go back to . Second order of New Business is a review of proposed ordinance amending Chapter 2, Article 15, Subsection 2 -91, Hawaii County Code relating to Financial Disclosure Forms, wherein we call for a long form, and this is our exact ordinance which we need to approve. PKO: So let me say, I'm going to correct it to remove the "his" CHAIR: You're going to do what? PKO: "His," it says "his," and we're supposed to remove sexist language. CHAIR: What's that, what paragraph is that? PKO: Under "c," I think. Let me see it "his employment." CHAIR: Okay. Paragraph 3—subparagraph 3. PKO: Yeah CHAIR: Okay, the sexist language to be revised. PKO: So I have —you see, the current code says that the county clerk sends the forms for the confidential and we do for theI mean we do for the confidential and the clerk's is to be open. So I communicated with the clerk to see what she wanted in terms of her forms, whether it was going R to remain the same or not, and she thought it should be consistent. So the clerk will also beI mean, deleting the short form, if this passes. So— CHAIR: So, those changes we move to—we move to approve and SC: Do we approve it or adopt it? CHAIR: Adopt it. LV: But you're going to pass this on to the council, right? CHAIR: Right, right. PKO: Yes. LV: I move that we approve the proposed amendment and forward our findings to the council for proper SC: I second that. CHAIR: Yeah. All in favor? LV: Aye. SC: Aye. KI: Aye. CHAIR: So moved. PKO: Also, it will go to the council, and then it will be assigned to a committee before it goes to the full council. And I think they will expect someone to come and say, this is why we want to do this, this is why we feel it's necessary. So I will keep track of when it's scheduled and let you know, and maybe you'll go, or someone. CHAIR: Can I testify at the council on behalf of this issue? PKO: Yes. Okay. CHAIR: Okay. So we now need to move into the executive session to review the remainder of the financial disclosures. Originally it was preferred to be in confidence, so PKO: Yes — 7 CHAIR: So generally, we need to move PKO: We have to state the reason, so the reason would be the charter provision there, a personal matter is being considered and the individual requests a closed hearing. CHAIR: Exactly. Thank you. Then we'll move to the executive session. Moved to Executive Session: 10:13 a.m. Returned to Regular Session: 10:28 a.m. LV: Mr. Chairman, I move to accept and file the financial disclosure statements of the Executive Session, Nos. 1 -13. KI: Second. CHAIR: Okay. All in favor? SC: We can do that, except we're holding out number 1, number 3, and number 11. CHAIR: Okay. LV: I amend the motion. CHAIR: Motion amended to accept and file the financial disclosure forms, excepting 1, 3, and 11. SC: Second. CHAIR: All in favor? LV: Aye. SC: Aye. KI: Aye. CHAIR: All right. Announcements. Number 8 on the agenda, the next monthly meeting is scheduled for Wednesday, March 9, at 10:00 a.m., at a location to be announced. And that'll be your last meeting? SC: It'll be —yes, my last meeting. CHAIR: I'm informed by Wendell and Paulette that and exactly when, Wendell wasn't sure, that we'll have new people into position by that time Any further business? Discussions, questions, answers? Then we'll adjourn. Before we do that, we'll have a retirement party for these two, or three? Do I hear yes? Okay, if no further business, this meeting is adjourned. SC: I second the motion. CHAIR: I'm sorry. All in favor? LV: Aye. KI: Aye. SC: Aye. CHAIR: So, moved. SC: Stop the tape. (Meeting adjourned at 10:30 a. m.) Respectfully submitted, Mary E. Crosson Secretary NOTE: Blank lines indicate inaudible word(s) or voice(s) on audio tape recording. 9