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HomeMy WebLinkAbout2008-03-12 Board of Ethics Minutes Regular Session4 HAWAII COUNTY BOARD OF ETHICS MINUTES – REGULAR SESSION Wednesday, March 12, 2008 - 10:00 a.m. 101 Aupuni Street, Suite 230 (Conference Room) Hilo, Hawaii 96720 Present: Wayne Joseph, Chair Ann Lum, Vice Chair John Dill, Member (arrived at 10:12 a.m.) Marilyn Nicholson, Member Renee N. C. Schoen, Deputy Corporation Counsel Mary E. Crosson, Secretary for the Board Also present: Elizabeth Hultman - Salfen and Barbara Lively (petitioners) 1. CALL TO ORDER The Chair called the meeting to order at 10:00 a.m. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS No one testified from the public. 3. APPROVAL OF MINUTES1 Minutes of the February 12, 2008, Regular Session. Minutes of the February 12, 2008, Executive Session. LUM.- I move we approve and file. NICHOLSON: I'll second. CHAIR: Wow, that's quick. Any discussion on this? If not, all in favor say aye. L UM.- Aye. CHAIR: Aye. NICHOLSON Aye. CHAIR: Opposed? Hearing none, it carries. It's important that all three of us speak up and say aye, because- 1 Italicized items are transcribed verbatim. L UM: --There's only three- NICHOLSON: --There's only three— CHAIR: It takes three votes to pass anything. And let's get to Executive Session. Before you make a motion, may I say something about Executive Session first of all? L UM: Sure. CHAIR: And this is where Renee will have to help me. In the Executive Session of the last meeting, on the second item that was discussed, I believe the second item was there because of client - attorney privilege. And I believe 1 was the client. SCHOEN: Are you referring to the letter from— CHAIR: No, that was the first item. The second, the second that was in Executive Session, which were exchange of emails from Mr. Ashida and myself. SCHOEN: Okay, hold on, let me just try to look —find it. CHAIR: And I know all you have to look at right now is the minutes- SCHOEN: - -the minutes itself— CHAIR: - -But if you looked at the agenda item- SCHOEN: - -1 don't have the agenda from last time— CHAIR: --from last time. Marilyn, do you happen to have it? NICHOLSON: I certainly do. CHAIR: Good. Could you look at item number 2 and read for us what item number 2 says, please —in Executive Session. L UM: This is b, right? CHAIR: b, yes. NICHOLSON: Discussion on Communication No. 2008 -17- privileged and confidential letter from Lincoln Ashida to the Board of Ethics regarding its inquiry and possible investigation/hearing regarding whether it is a violation of the Code of Ethics for Council members to use County funds to pay for newspaper advertisements. CHAIR: And that was it? NICHOLSON: That's it. 2 LUM: And all we did was accept and file. CHAIR: Because within item b was a bunch of emails that Mr. Ashida and myself exchanged. LUM: And we just —we didn't even discuss it, we accepted and filed. CHAIR: So my question on that was if I was the client, wouldn't 1 have the ability to have waived my client - attorney privilege? SCHOEN: Well, actually- LUM: - -I think there was something else in it, though. SCHOEN: Mr. Chair, even though the communication was —might have been directed to you, and I don't have that communication in front of me— actually, we are counsel for the entire Board and not for you as an individual member of the Board. And so we do represent the entire Board. CHAIR: I understand. Okay, and based on that, and based on the fact that I recused myself from the last Executive Session, I cannot at this time —I cannot at this time certify that what was discussed in Executive Session is correct. NICHOLSON: We'll have to hold this -- L UM: We'll have to hold this until the next meeting, because we'll need three other votes on it. CHAIR: Okay. So item number 4, Communications. 4. COMMUNICATIONS a. Communication No. 2008 -21: The High Road publication of the Hawaii State Ethics Commission, Issue No. 2008 -1. Motion: Ms. Nicholson moved to accept and file the communication, and Ms. Lum seconded the motion. Ms. Lum pointed out that she was impressed to learn in one of the articles that the Hawaii State Ethics Commission turned 40 and that Hawai`i's code was one of the first comprehensive ethics codes in the Nation. Vote: Ms. Nicholson, Ms. Lum, and the Chair voted aye to accept and file the communication. b. Communication No. 2008 -22: Diane Noda 2/7/08 email to Lincoln Ashida regarding the Ethics Guide, p. 3, Fair Treatment. 3 Ms. Schoen said that at the last meeting, the Board voted to allow her office to make the necessary changes brought up in Ms. Noda's email, but also wanted to review for approval any further proposed corrections or changes. She said that Ms. Noda is the attorney for.the Human Resources Department, which is concerned that the language on page 3 of the Guide appears to say that the hiring of relatives is absolutely prohibited. DHR would like language inserted from Section 13 -10 of the Charter to make it clear that it is permissible to hire a person who meets the minimum qualifications, regardless of whether or not that person is a relative. Motion and vote: Ms. Nicholson moved to accept and file the communication, and Ms. Lum seconded the motion. Ms. Nicholson, Ms. Lum, and the Chair voted aye. c. Communication Nos. 2008 -26 and 2008 -27: Email strings from Charles Totto, ethics director and legal counsel for the Honolulu Ethics Commission, regarding Senate Bill 2937 and House Bill 3012 (proposing administrative fines for ethics violations) and House Bill 660 (on impeachment proceedings). Motion and vote: Ms. Lum moved to accept and file the communications, and Ms. Nicholson seconded the motion. Ms. Lum, Ms. Nicholson, and the Chair voted aye. Mr. Dill just arrived, and it was suggested the Board move back to the approval of the February 12, 2008, Executive Session minutes. 3. APPROVAL OF MINUTES Minutes of the February 12, 2008, Executive Session. LUM.- I move we accept and file the minutes of the Executive Session. NICHOLSON: I second that. CHAIR: Any discussion? If not, all in favor say aye. L UM, NICHOLSON, and DILL (simultaneously): Aye. CHAIR: Chair abstains. Motion carries. 4. COMMUNICATIONS d. Informal AdvisoryOpinion, John Dill's Concurring Opinion, and Chair Joseph's Dissenting Opinion pursuant to the Board's 2/13/08 inquiry and discussion on whether or not it is a violation of the Code of Ethics (by constituting an unfair advantage) for incumbent elected County officials to use County funds to pay for newspaper advertisements in which their photograph is included. DILL: 1 move to accept and file said communication. in NICHOLSON: I second that. LUM. I would like to say I appreciate both the concurring and the dissenting opinions as fleshing out this issue — involved discussion we had of the issue. Thank you, gentlemen, for your work. CHAIR: Thank you, but can 1 continue discussion on this? DILL: We have a second— L UM: - -Yeah, we had a second. CHAIR: In regards to the Informal Advisory Opinion, there were, I thought —if you read it carefully, because 1 was at the same meeting -1 thought that there were some inaccuracies in writing of the Informal Advisory Opinion. But I'm not going to nitpick on that. There is one in particular item that I would like to bring to the Board's attention before they pass this and hopefully before they sign this. And that is in regards to findings of fact. The only item I take issue with — strong issue with —is the finding of fact number seven. LUM: Seven? CHAIR: Okay, in number seven, it is written that Emily Nae `ole placed newspaper advertisements containing her picture for purposes of advertising a community meeting, which was I think December 13`h, if I'm not mistaken, or December 12rh And then the second portion is, "and to encourage motorists in the Puna district to drive carefully during the holiday season. " And it's just the ending of that sentence that bothers me, because I don't recall at any time hearing that issue on that particular newspaper ad, which is really contentious in that it could have been a holiday greeting ad. L UM: That's the one that said— CHAIR: - -Mele Kalikimaka- LUM: -- While, in the beginning, the wording was something like CHAIR: - -Happy holidays- LUM• - -Using your -- CHAIR: - -Be patient, drive safely- LUM: -- Listen to this, it had the whole thing, listen to this mana `o— CHAIR: -- Right- 5 LUM: -- Everybody drives this highway number bla, bla, and during this holiday season please use patience. And so I think most of the wording was — involved that, and then the end of it had the holiday greeting. CHAIR: But see, that's not the issue. The issue is did we ever discuss that? Did we ever come to the conclusion that that was it? LUM: Oh, 1 see what you're saying. CHAIR: Yes. NICHOLSON: I do remember Mr. Ashida, when he was talking about the ad, talking about that issue. So he did bring it up at a meeting. DILL: - -I think it might have been our January meeting. L UM: Well, that would still feed this. All the information feeds into the opinion. We went on for months— CHAIR: - -What you're doing by signing this Informal Opinion is that you're closing a door on that particular ad, which is something that's still left open, or should be left open, for discussion. And that's the— L UM: All this really says to me, though, is that in late 2007 she placed these ads. DILL: Yeah, I mean you've got to look at what context it's written in. It is titled findings of fact, and it's stating a fact that -- L UM: - -that she placed the ad. DILL: I don't think it's stating an interpretation of what went on with the ad. CHAIR: Then here's my question to our counsel. If the Board signs this and approves the Informal Advisory Opinion, and at a later date a member of the public was to file a petition against that particular ad that Mrs. Nae `ole ran, would we be able to find differently from this? SCHOEN: I don't think you have a problem with that, and this is the reason why. The purpose of the hearing that you had on the 13th was pursuant to Rule 5.2, and I'm reading from the Informal Advisory Opinion on the first page. And basically it sets out the parameters of what you folks did. And so you were looking at a particular issue, not specific conduct. And so 1 don't think, you know, a member of the public would be precluded from coming in and looking at the specific conduct. CHAIR: But could counsel or Ms. Nae 'ole argue that this Board had already ruled that her ad was to encourage motorists of Puna district to drive carefully, and such would fall under the parameters of— no SCHOEN: Well, I suppose the argument could be made, but I think your purpose was limited when you conducted this hearing, and it was for, you know, future conduct. You wanted to put the County on notice and say hey, this is a good practice, a bad practice. A broad— L UM.• - -It could be an iffy practice. SCHOEN: Exactly. And so —and that's why— CHAIR: - -So this in no way will close the door on us being able to hear a petition against that particular ad that was run? SCHOEAT: No, I don't think so. It's part of the findings of fact. Your conclusion is, you know, different in that it specifically states that you're going to look at each instance on a case -by -case basis. CHAIR: I was just concerned that by signing this, we might be closing the door on that particular issue. And -- DILL: - -I think there was some communication — sorry —in our regular session minutes last session, or last meeting, that it was clarified I think more than once that our purpose in meeting last month was to rule on this subject in a general sense rather than directly or specifically at Councilman Yagong or Councilwoman Nae `ole. And I think we can all agree that Councilman Yagong was to provide the background, or an example, or cite his case to help us rule on the subject. I'm pretty sure it's in the minutes somewhere. CHAIR: So is everyone good to vote then? Shall we move on? L UM: Okay, go ahead. DILL: Do you want me to read it? CHAIR: No, it's not necessary. DILL: It's on page just page fourteen of our minutes, fourteen -fifteen. CHAIR: I will take the advice of counsel and believe that —that was my only concern, if that should ever happen. DILL: 1 personally don't feel that it rules out us looking at that specific— CHAIR: - -And that was my only concern. And based on that, we have a motion to accept and file, and we have a second. All in favor say aye. DILL, LUM, and NICHOLSON(simultaneously): Aye. CHAIR: Chair abstains. Motion carries. And now we're on to New Business. VA 5. NEW BUSINESS a. Petition Nos. 2008 -1 and 2008 -2: From Elizabeth Hultman - Salfen, regarding: (1) whether there is any ethics violation if she is both a Council Aide for Council Member Bob Jacobson and a member of the County's Transportation Commission; and (2) whether there is any ethics violation if she is both a Council Aide for Council Member Bob Jacobson and under contract with the Hawaii County Resource Center as a Community Liaison, providing facilitation services for community meetings. CHAIR: Would you come forward, please? Now, I've read your petition and I read here that you wanted a closed hearing. And if you want a closed hearing, then it would be my responsibility to take a vote, and we need two- thirds vote by the Board. Do you still want it closed based on who's in attendance? HULTMAN- SALFEN: No, it's fine. CHAIR: Okay, so we can just leave it as an open hearing the way it's —thank you. Was that correct? SCHOEN: (inaudible). CHAIR: Okay, thank you. Would you give us some background on this, on- HULTHAN- SALFEN.• On which one? CHAIR: On your concern in your petition. HULTMAN- SALFEN.• I just wanted to make sure that 1 was open and honest and that I have done —I know other people have done the same path, you know, go to the Ethics Board and just, you know —so I wanted to make sure that everything was open, and 1 have served as the community liaison or facilitator for lower Puna, and I was given the opportunity to work for Councilman Jacobson recently. And so I sought an opinion from the Ethics Board. CHAIR: Now, as serving as the community liaison, you were doing that first, and then you were- HULTMAN- SALFEN: - -Yes— CHAIR: - -asked by Councilman Jacobson- HULTMAN- SALFEN. - -Yes— CHAIR: - -to join his team, is that correct? HULTNIAN- SALFEN: Yes CHAIR: Okay. And- HULTMAN- SALFEN.• - -I believe I started about a year and a half, two years ago— CHAIR: - -with- HULTMAN - SALFEN: - -with community liaison, yeah. CHAIR: Got it. And you've been on the County's Transportation Commission? HULTMAN- SALFEN: Well that's yeah, for a year and three months. CHAIR: And you're asking us for an opinion on both- HULTMAN- SALFEN: - -Well, yeah, it was two separate issues, right, one was— CHAIR: -- Right, two separate issues, right? L UM: But all the same person. CHAIR: I went onto the County's website to see what the Transportation Commission does, and to my surprise there was no information there. HULTMAN- SALFEN.• Yes, the site's not — basically, what we do is we hear a report from the Mass Transit Director, Tom Brown, on what's happening, and mostly what we rule on, or determine, is whether people can get a taxi license or not. So that's really— CHAIR: - -Oh, I see. HULTMAN- SALFEN.• - -the main duty of the Transportation Commission is to hear people's request for taxi permits and whether we grant them, you know, yes or no. CHAIR: How often do you meet? HULTAJAN- SALFEN.• Like four times a year. CHAIR: About four times a year? HULTMAN- SALFEN: Yeah. CHAIR: And I think the site did say there were nine members on that board? HULTMAN- SALFEN: Yes. CHAIR: So one member per district? HULTMAN- SALFEN: Per district, yes, that's correct. 0 LUM: And you're District S? HULTMAN-SALFEN.• Yes. CHAIR: Council District S. HULTMAN- SALFEN: Council District S, yes. CHAIR: And Mr. Jacobson is Council District? HULTMAN- SALFEN: 6 CHAIR: That's curious. LUM: And do you have to deal with the bus transportation also, the Hele -On buses and- HULTMAN- SALFEN: That is part of the Mass Transit Agency, but he just gives a report. We don't have anything to do with the transportation, Hele -On bus, you know, like voting on it or anything under the Transportation Commission. DILL: I have a question. CHAIR: Sure. DILL: It might be a little more specific in your case, the $12, 000 that Councilman Jacobson wants to— LIVELY: -- That's probably mine. HULT11AN- SALFEN.• That's not me. DILL: Oh, I'm sorry. Excuse me, I had them okay, so basically, your conflict is just that your position with Mr. Jacobson, and your position on the Transportation— L UM: - -And also the- HULTMAN- SALFEN. -- That's one, and I have— CHAIR: - -And the second one- HULTMAN- SALFEN: - -And the second one, I'm the community liaison or facilitator for lower Puna. CHAIR: And for right now, we're trying to just look at the Transportation Commission. 10 HULTMAN- SALFEN.- Yes. DILL: Sorry. CHAIR: And that's why the questions were about the Transportation Commission. And when does your term expire? HULTMAN- SALFEN: Oh, 1 think I have a— CHAIR: - -Or when were you appointed? HULTMAN- SALFEN: I was appointed to a partially expired term, so I think I only have - -I think a year left. I think 1 expire like in 2009 or 2010. I'm sorry, I don't have a full term. I think —I'm sorry. CHAIR: Just out of curiosity, who appointed you? HULTLAN- SALFEN: Gary— Councilman Gary Safarik. CHAIR: Oh, okay. HULTMAN- SALFEN.• Yeah. I was appointed, well, wait--yeah, he appointed me but I was confirmed during Councilman Emily Nae `ole's term in February last —in February 2007 is when I started. DILL: So you were appointed prior to the election. HULTMAN- SALFEN: Yeah, it's been paperwork. CHAIR: Any further questions in addressing this? LUM: I'm done. CHAIR: I'm trying to see, just play the devil's advocate and see if it could possibly— L UM: - -I can't— CHAIR: - -and I m really searching for this- LUM: - -I don't think Mr. Jacobson is going to apply for a license, you know. If he does you could abstain, right? HULTMAN- SALFEN: Yes. CHAIR: So we need a motion. LUM: On this one? Oh, we're doing them separately, Transportation- 11 ' o. CHAIR: - -Yes, we are doing them separately. L UM: Okay. CHAIR: Because they are two separate issues. LUM: I move that we find no conflict on Petition Number 2008 -1 for Ms. Hultman - Salfen. NICHOLSON: I'll second. CHAIR: Any further discussion? If not, all in favor? LUM, NICHOLSON, and DILL (simultaneously): Aye. CHAIR: Aye. Opposed? Hearing none, the motion carries. That was easy. The second one —do you get paid to do that Resource Center liaison job -- HULTMAN- SALFEN: Yes -- CHAIR: - -is that a paying position? HULTMAN- SALFEN: It's a contract. CHAIR: And your contract for that is to do what? HULTMAN- SALFEN.• Facilitate meetings, bring in community involvement, help, you know, if they have a meeting, do promotions for it, like an upcoming meeting or— it's just to get the community involved, and then we facilitate meetings. CHAIR: How is the position generated? Did you have to file a specific application with a specific person? HULTMAN- SALFEN.- It was Steve McPeek when he was at the Resource Center, and so I have like —I have an agreement to be a facilitator, and I was trained by the Resource Center. And I have a contract with them. CHAIR: And how long is the contract for? HULTMAN- SALFEN• It was —it started about —in 2006, and it goes till June 30`h of this year. CHAIR: Of this year. HULTMAN- SALFEN.• That particular contract, yes. CHAIR: Were you planning on renewing that contract? 12 HULTMAN- SALFEN If it's available, yes, but this contract is only through June 30`h. CHAIR: I see. One more question, and then —are you then an employee of the County, or are you a subcontractor? HULTMAN- SALFEN.• Through the Resource and Development —like facilitating, what I asked for, would be an independent contractor. So that work is all done like night and weekends and then -- CHAIR: - -Okay, so you are an independent contractor? HULTMAN- SALFEN.• Yeah, yeah. And then as, you know, of course an employee through Councilman Jacobson's office. CHAIR: Right. HULTMAN- SALFEN. Yes. But they don't overlap. NICHOLSON: And so the meetings that you facilitate and the services you provide through the Hawai `i County Resource Center, are those in all districts, or they're in Mr. Jacobson's district as well as other districts? HULTMAN- SALFEN: They're only in lower Puna. NICHOLSON: Only in lower Puna. HULTMAN- SALFEN. So District 5. NICHOLSON: Which is his district. HULTMAN- SALFEN No. NICHOLSON It's a different district. So you are doing facilitation in a district separate from- HULTMAN- SALFEN: -- correct- NICHOLSON - -the one he represents. HULTMAN- SALFEN: Correct. NICHOLSON: Okay.. Thank you. DILL: The funding for the Resource Center is solely through County funds, or a combination of grants? 13 HULTMAN- SALFEN: I would —I don't really know the answer to that, but I would believe it would be County funds and grants and, you know, but they've never discussed with me how they fund my— DILL: Okay. As an independent contractor, so in tax season you get a 1099 from the County or from the Resource Center? HULTMAN- SALFEN: From the —I believe it says County of Hawai `i, Research and Development. DILL: Okay, so that's —the contract is with the Hawai `i County Resource Center, or County of Hawai `i? I'm just trying to see who pays the bills. Your contract is just solely with the Resource Center, not the County? HULTMAN- SALFEN: It's the County of Hawai `i as the Resource — Research and Development, because I don't think they're separate. I think that the Research and Development Center is always part of the County. DILL: How is the program going? What —would you say the state of the program is successful? HULTMAN- SALFEN.• I think we've been very successful. When I started out, it was basically to get community involvement in meetings for various issues, mostly with the Community Development Plan. And we've had —doing small group meetings, and we hosted over 130 small group meetings, and so really to bring the community in to know what's happening with the County. Because most people in Puna, they don't— you know, it's hard to reach them through the newspaper or advertising, so Igo out and talk to community associations or people, and that's how we get community involvement to come in, and then facilitate the meetings that are planned. DILL: So I would think that —do you work with Emily Nae `ole a lot? HULTMAN- SALFEN: Actually, no. CHAIR: You don't have much interaction with any of the Council members other than your new employer? HULTMAN- SALFEN: That would be correct. CHAIR: Any further questions? Any thoughts anyone wants to just throw out? LUM: Well, I'm thinking that this work tends to be in a totally different district, and I assume at some point there might be some overlap of districts, but it doesn't seem to be a big issue. NICHOLSON: I make a motion that we find no, what's the word — conflict, regarding Petition Number 2008 -2 for Elizabeth J. Hultman - Salfen, is that right? 14 HULTMAN- SALFEN: Yes- NICHOLSON: And that we approve this petition. DILL: Second. CHAIR: Open for discussion. Go ahead and say it. LUM: You don't seem to seem like you would even see any conflict. HULTMAN- SALFEN: No, I don't. LUM: You're just trying to be very cautious, and we appreciate that. HULTMAN- SALFEN: Yes, yes. L UM: And I think just because you think about it, and have considered it and filed a petition, you probably have it fairly clear in your own mind. HULTMAN- SALFEN: Yes. It's- LUM: - -So if something did come up, you would- HULTMAN- SALFEN: - -Yes, I wouldn't. I would tell them I couldn't do it, or you know, I would not be part of it. CHAIR: And is your current boss relatively flexible? HULTMAN- SALFEN: Flexible in? CHAIR: In allowing you to- HULTMAN- SALFEN.- - -Oh, yeah, he has no problem with it. But the work that I do for the Research and Development is on the —it's on the weekends or at night. It's not during his —my employment time. It's all at night and weekends. Mostly on weekends. CHAIR: I see. LUM: Busy lady. DILL: Well, I would just ask that —we appreciate what you answered, and coming in and getting our opinion. Just use your common sense, if it's a conflict of interest. I'm sure your good nature will make yourself aware of that. By you coming to us, I think that's a good show of —that means you have a you know that when something like that might come up- HULTMAN- SALFEN: - -Thank you- IR DILL: --you'll deal with it correctly. CHAIR: Okay, with that said, all in favor? L UM: Aye. DILL and NICHOLSON (simultaneously): Aye. CHAIR: Aye. Opposed? Hearing none, it carries. Thank you. HULTMAN- SALFEN: Thank you. And actually, you can call me Liz. I don't use Elizabeth Hultman anymore. If you see me somewhere else —Liz. Thank you. L UM: Thank you. b. Petition No. 2008 -3: From Barbara Lively, regarding whether there is any ethics violation if she is both a Legislative Assistant for Council Member Bob Jacobson as well as a board member of the Grassroots Community Development Group's Kupukupu Program, which provides tutoring and drug -free activities for Kea`au youths. (Mr. Jacobson would like to appropriate District 6 contingency funds for the Prosecutor's Office to support the Kupukupu Summer Program.) LIVELY: Hello, everyone. CHAIR: Hi. DILL: Mr. Chair, Barbara and 1 went to school together, took some class over at UH -Hilo. I don't know if that serves as a conflict of interest. I can abstain from discussion— CHAIR: Are you friends? DILL: Acquaintances, I guess. CHAIR: Socialize together? DILL: I would say not really, yeah, Barbara? Just classes, educational agendas. CHAIR: Do you feel there could be— DILL: - -No— CHAIR: - -an impartial opinion or anything? DILL: No. CHAIR: No? With that said, I'm fine with you. 16 DILL: Just wanted to bring that up. CHAIR: Thank you. Let's see, would you like to give us some background first? LIVELY: I don't need that. Let's see, like Liz I do wear a couple different hats in my community, one of them being a board member with the Grassroots Community Development Group. We oversee an after- school program at the Ola `a Community Center, which is physically located on the Kea `au Middle School campus. We have a staff of three, sometimes four, that runs an after- school program and also a summer program. I have to say that this is just one of the, you know, many things that I do And this particular group —I have missed probably the last four meetings, which is where they kind of discussed the programs and the budgeting and all of that, so I really wouldn't have too much information on that. But I basically just am asking for an opinion, because Councilmember Jacobson is wanting to transfer contingency funds to help with the program. We also have a grant proposal before the Human Resources Committee for a County non-profit grant award. So lama voting member on the board. I am not a paid staff member, which is what the funding would be for. So basically, that's it. LUM.• And with Councilmember Jacobson, you are? LIVELY.• Oh, wait, wait -1'm sorry. I'm sorry, I am also an employee of Councilmember Jacobson. Yes, I am his legislative assistant. CHAIR: Do you also live in District 5? LIVELY.• I do. I live in District 5, yes. Councilmember Jacobson, of course, represents District 6 L UM- And Ola `a is in district – LIVELY.- Actually, I believe it's in- LUM: --Hilo— LIVELY.- - -Yes, I believe it's 3 or 4 CHAIR: It's kind of divided into three pieces— LIVELY: - -1 do believe it's -- LUM: - -It's a totally different district. LIVELY. It is. But it's all, you know, lower Puna. CHAIR: Yeah, Kurtistown- 17 L UM: Oh, okay. NICHOLSON Is this the first time that Councilman Jacobson is proposing to transfer some of his contingency.funds to support this program? LIVELY: No. No, actually, this discussion —the Council members had this discussion twice before amongst themselves when our first application came before them for a non-profit grant award, which was approved, and for one other transfer that he did with his contingency funds for the same purpose. NICHOLSON: And were you— LIVELY- - -The only reason- NICHOLSON: - -a staff member at that time? LIVELY What's that? NICHOLSON: Did you work for him at that time also? LIVELY: Yes, yes. In a different capacity, but yes, 1 did work for him. CHAIR: I'm not saying anything because I don't see any problems. LUM: I don't, either. NICHOLSON: I don't, either. LIVELY: Thank you- LUM: -- Councilman Jacobson has— LIVELY.- - -It's just that, you know, we do —we wear so many hats, and it would be so discouraging if we had to kind of limit what we do because of what we do, you know. And I really don't, you know, profit in any way. In fact, my family would be so happy if I would give up some of these hats, but- LUM: - -I was just thinking that Councilmember Jacobson seems to find these really busy, competent people and hire them, you know. HULTMAN- SALFEN: Well we appreciate that, thank you. DILL: Thank you guys for all your hard work. L UM: Yeah, I— DILL: So I move that we accept this as not having any kind of conflict of interest. 18 L UM- I second. CHAIR: And I agree, it's just that I'd like to— L UM: -- Discuss— CHAIR: --yes, and I'm just curious about the program, because I used to teach at Kea 'au Middle School, and I know people at Kea `au Middle School, but I've never heard of this program. This program runs only in the summer? Or— LIVELY: - -No, no, every day after school. Actually, we —the group formed because of a class that Noelie Rodrigues had at the community college. It was a socio —it was a community development class, and she invited me in. Like Liz, I'm also a facilitator with Research and Development, and I should probably not open any more cans of worms, but —so she contacted me, and I audited that class, and so in essence I attended for free, which you know, I love school so much that I was willing to do that. But I helped them to organize —we did community meetings out there, a series of like 15, 16 meetings, where the people really identified what they wanted, you know, to see, and it was all addressing the meth —the increased meth use in the area. And the parents, you know, came out in droves. They wanted activities, especially after school for their kids, and they really identified this age group. And it was —I have to say that the principal stepped up to the plate. He was very welcoming, and it really takes administration, you know, DOE, in that way to step up and to allow these programs. So anyway, he did, and so the first year we operated just with donations, and just doing after- school tutoring, homework assistance, just —not really counseling, but what we called circles where the kids could just, you know, talk to peers and talk to —we used a lot of help from the community college and the university as far as, you know, people power, the mentors, tutors. So that's pretty much what we're continuing to do— CHAIR: --And it started when? LIVELY.- What's that? In 2003. CHAIR: 2003. And it's free? LIVELY.- It is free, absolutely. We do —we provide a meal, a snack— CHAIR: - -And is it— LIVELY: -- transportation— CHAIR: --just Kea `au Middle School students, or do you get them from the elementary as well? LIVELY.- They are sixth, seventh, and eighth graders. CHAIR: Oh, six, seventh, eighth, which is the high -risk- 19 LIVELY: - -Yeah, exactly. CHAIR: Okay. LUM: And the summer program is the same, or is like— LIVELY: - -The summer program is exactly the same- LUM: - -Is it academic— LIVELY: - -the same groups, and yes, it is, it does continue with the tutoring and the academic support, mentoring. CHAIR: Average amount of kids per day? LIVELY: Well, we have to cap it at 35 —we just, we have to. CHAIR: No, I mean —but you get 35? LIVELY: Oh, absolutely. CHAIR: Oh, great. That's great that you can help those kids, to begin with. LIVELY: Oh, yeah. And you know, it's a different— because we do share the campus with the Boys and Girls Club, it's a total, you know, different clientele, if you will, and that's, you know, by design. That's exactly what we were targeting, and that's exactly what we embraced. CHAIR: Okay, it sounds like a great project. LIVELY.- It is. It is. CHAIR: So if there's nothing else, all in favor signify by saying aye. L UM, DILL, and NICHOLSON (simultaneously): Aye. CHAIR: Aye. Opposed? Hearing none, motion carries. Thank you. LIVELY: Thank you. L UM: Thank you for explaining the program. LIVELY: No problem. Thank you for all that you folks do. Ms. Lively and Ms. Hultman - Salfen left the meeting at 10:40 a.m. 20 Public hearing pursuant to Section 91 -3 of the Hawaii Revised Statutes regarding proposed changes to the Board's Rules of Practice and Procedure, relating to (1) Rule 1.1 (citations of Hawai `i County Code and Hawai `i County Charter), (2) Rule 1.4a(6) (definition of "officer "), (3) Rule 8.1a(3) (advisory boards and commissions and financial disclosure requirements), and (4) Rule 8.3b (public disclosure forms and confidential disclosure forms). The Chair asked Ms. Schoen if they could formally approve the proposed changes to the rules, since no members of the public were present to provide testimony, and Ms. Schoen said that was correct. Ms. Nicholson pointed out a typographical error on page 15, where there was a paragraph "c" heading under Rule 6.8, when it should end at "b." Ms. Schoen said that as the secretary retyped all the rules, typos and grammatical errors were found that were not before the Board today. She asked the Board for time to research whether they could make grammatical and punctuation corrections to the rules without having to provide notice and have a public hearing. The Board was in favor of her researching the matter. The Chair asked that it be put on the April agenda under Old Business. The Chair asked whether they had to go through the publicly noticed proposed rule changes individually, or if could be done as a package. Ms. Schoen said that for the changes that were agendized today, they could approve them as a package. Motion and vote: Ms. Lum moved to approve the rule changes that were on the agenda. Ms. Nicholson seconded the motion, and all members present voted aye. Ms. Schoen asked if the Chair wanted her research about whether or not public notice was required for grammatical changes to be placed under Unfinished Business on the April agenda, and the Chair agreed. 6. UNFINISHED BUSINESS a. Report on status of Board's request for a time limit for incumbents who are seeking reelection in an election year on sending mail -outs using County funds. Includes Communication No. 2008 -29, Lincoln Ashida's 2/27/08 memo to elected County officials enclosing the Board's informal advisory opinion on the matter, and Communication No. 2008 -30, Levi Hookano's 2/27/08 email on the related proposed bill. Ms. Schoen reported that Bill 258 had a committee hearing yesterday and passed. It should soon go before the Council. b. Report on status of Council Bill 209, relating to the imposition of administrative fines for violations of the County Code of Ethics. Includes Communication No. 2008 -28, Lincoln Ashida's 2/29/08 update to the Board on Senate Bill 2937. 21 Ms. Schoen reported that Bill 209 was scheduled for further hearing before the Council today and that if it passed, it would go to the Mayor for signature. The Board members decided that after Bill 209 passed, they would look at the State Ethics Commission rules as a starting point to drafting an amendment to their own rules regarding the procedures in imposing fines. The Chair said that if Bill 209 passed today, it would go to the Mayor for signature. If the Mayor signed off, it could be placed again on their agenda for April 9, 2008. He requested that they be provided information on the State's rules so they would have a starting point. c. Ongoing discussion on the Sunshine Law. Ms. Schoen stated that she had nothing new to report or discuss. The Chair encouraged her to pass on to them any "tidbits" she learned about the Sunshine Law. Ms. Lum questioned what they needed to do if a petitioner requested a closed hearing, since there was a section on the petition form to indicate whether an open or closed hearing was desired. The Chair asked Ms. Schoen to research the procedure to follow if someone requested a closed hearing, and whether the related minutes would also be closed to the public. Motion and vote: Ms. Nicholson moved to enter Executive Session for agenda item 7. Ms. Lum seconded the motion, and all members present voted aye. Executive Session was entered at 10:56 a.m. Regular Session was reentered at 11:33 a.m. 7. Review of Confidential Financial Disclosure Forms filed pursuant to Section 2- 91.1(4), Hawaii County Code, by County board and commission members, where personal matters will be reviewed. The Chair stated that all 23 disclosures provided to them pursuant to the agenda were reviewed, and the following three were being returned for completion: Bernard Konanui (item 1 incomplete) Francis Kuailani (item 6 incomplete) Allison Lee (last column in item 1 incomplete) Motion and vote: Mr. Dill moved to return the three disclosures for completion and to accept and file the other twenty disclosures. Ms. Lum seconded the motion, and all members present voted aye. 22 8. ANNOUNCEMENT CHAIR: For the next monthly meeting, I am requesting that the communication that was provided me in my quest to get the Executive Session minutes be listed under open communication. It would be simplest if everybody on the Board thought it was okay, but if not, I would still pursue it. LUM: This one? CHAIR: Yes. As you know, I- L UM: - -It does say —the one thing that worries me is this little notice up here, privileged and confidential communication, attorney - client communication, not a public record. So I think that somebody has to give us the proper advice on that. CHAIR: Okay. First of all, I think I'm the client. It was addressed to me. It was my communication with Corporation Counsel to get Executive Session minutes, and it was the results of many different discussions to get that. And I feel it's a personal thing, but the simplest way to get it on the agenda would be for everyone to agree. The hardest way to get it on the agenda is for me to just say I'm the client, and I'm waiving my client rights— L UM: - -But Renee is you wrote the letter, right? SCHOEN: Yeah, I wrote the letter, and if you guys don't have a problem with it, I do —I am hesitant in that the attachments to the letter— CHAIR: - -Well, I just want the letter itself. SCHOEN: Okay. LUM: Without the attachments? SCHOEN You know, the ODC CHAIR: - -It's not necessary to me. Just the letter itself is all I'm requesting. SCHOEN Oh, I mean — that's the worry. The ODC —our communication to ODC is— they treat it as confidential because it's us seeking advice on our own conduct, and so I'm hesitant to have that open in the public. And then the Executive Session minutes which are attached, of course, are, you know, confidential. But our letter, you know- LUM: - -Just the letter without attachments is what you're talking about. CHAIR: Yeah. Just the letter to me. SCHOEN You know, it's up to you guys. 23 CHAIR: You okay with it? SCHOEN: I'm okay with it. I mean, if you guys want to —have no problem with it being discussed, that's fine. CHAIR: Are you guys okay with it? L UM: Wait a minute, I'm just looking at the letter. Do you want to look at the letter, to remind you -- DILL: - -It's all right. I'm fine with accepting just the letter for discussion next— L UM: - -Yeah, I'm okay with it, the letter without attachments. CHAIR: Yeah. The letter just without attachments. DILL: Okay. CHAIR: Can we get a motion to just put this on the agenda, then? NICHOLSON: Certainly, but you as Chair are empowered to put something on the agenda, are you not? CHAIR: I would think so, but oftentimes when I'm asked, it doesn't happen. LUM: Oh, because maybe— because of the clientprivilege thing, we'd all —we're maybe, potentially, we're sort of all clients? SCHOEN: The entire Board is the client. Okay, so you want it under Communications, is that what you're saying? CHAIR: Yes, just under Communications. LUM: So this is like an informal agreement that we all— DILL: - -We need a motion, then? I mean- SCHOEN: - -I don't think so. I mean, this is part of an announcement. He's just saying if you were to call me, I think, and say you want something put on the agenda, I mean, 1 think we could do that. CHAIR: Okay, with that said, would any of you like to make an announcement? And if not, the next monthly meeting of the Board of Ethics is scheduled for April 9`h, 2008, at 10: 00 a.m. at the Department of Liquor Control's conference room at 101 Aupuni Street, Suite 230, in Hilo. Motion to adjourn? 24 9. ADJOURNMENT Motion and vote: Ms. Nicholson moved to adjourn, Mr. Dill seconded the motion, and all members present voted aye. The meeting adjourned at 11:38 a.m. Respectfully submitted: Mary E rosson, Secretary 25