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HomeMy WebLinkAbout2009-07-08 Board of Ethics MinutesM HAWAII COUNTY BOARD OF ETHICS MINUTES — REGULAR SESSIONt Wednesday, July 8, 2009 10:00 a.m. to 10:10 a.m.; 10:24 a.m. to 11:06 a.m.; and 11:17 a.m. to 11:19 a.m. 101 Aupuni Street, Suite 230 Hilo, Hawaii 96720 Present: John E. K. Dill, Chair Ann Lum, Vice Chair Marilyn Nicholson, Member Diane Gentry, Member Renee N. C. Schoen, Deputy Corporation Counsel Mary E. Crosson, Secretary for the Board Also present: Dan A. Cole; Kenneth Goodenow; Kevin Dayton; Bradley Westervelt 1. CALL TO ORDER 10:00 a.m. The Chair called the meeting to order. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Mr. Dan A. Cole had registered to make public statements. CHAIR: Mr. Cole, you want to sit right here? Welcome back. COLE: Well, it's good to be back. However, after my testimony, you might not understand that. SCHOEN: Mr. Chair, if I may, before Mr. Cole gets started. I just wanted the Board and the record to reflect that Mr. Cole came in last week to our office on Thursday, requesting copies of the draft informal advisory opinion numbers 4c, d, and e. I told him that I could not provide him a copy of those documents because of the confidentiality provision of our Code, and also those —the two informal advisory opinions were drafted by Adrianne Heely, so —Mary wasn't in, so I didn't know if whatever we had in our system was the actual document that you guys had received. And then with respect to Petition No. 4 regarding Emily Naeole, I had not prepared that yet. So I've asked Mary to provide Mr. Cole a copy of that —I don't know if she has already —so that he can have an opportunity to review the draft informal advisory opinions this morning. 1 Minutes in italics are verbatim. Blanks indicate indecipherable or inaudible speech. I , (The secretary handed Mr. Cole copies of the draft informal advisory opinions.) CHAIR: Okay. SCHOEN: So I don't know if Mr. Cole wants to do that now, or review— CHAIR: - -Items 4c and d, all three draft informal opinions- SCHOEN: -- Right— L UM: - -Does he want some time to do that— CHAIR: Yeah. You have the copies then, now? COLE: I've been given— handed — copies of the drafts, yes. CHAIR: Okay. COLE: I will need time to review them, perhaps not today, anyway. CHAIR: Okay. COLE: Well, first of all I'd like to open up— CHAIR: - -Wait, hold on, hold on, is there anything else? Sorry. SCHOEN: Do you want to go —I think the Board is willing to provide the opportunity to review them now, before you provide your testimony— COLE: - -I will need to do research on these documents, and it's a moot point anyway. When I finish my testimony here, you'll understand. SCHOEN: Okay, and let me just —one more thing, Mr. Cole. He had also requested a copy of 4b, which is the letter of complaint, and for the same reasons of our confidentiality provision, in our rules as well as Hawai `i County Code —I think it's 2- 90—we could not provide him a copy. L UM: Which letter is that ?. CHAIR: This one here. SCHOEN: 4b. L UM: 4 —oh, b, okay. Yeah. CHAIR: So those are communications that we will be voting on, I'd just clarify for everybody. The draft informal advisory opinions are just the reviews of the decisions that were made in our last meeting, so —kind of summaries of those. Anything else, Renee? 2 SCHOEN: No. CHAIR: Okay, Mr. Cole. COLE: Okay, well first of all, be advised this meeting is in violation of the Hawaii Sunshine Law and is considered a criminal conspiracy to hinder prosecution, both in federal and state. I have filed the appropriate document with the federal officials in the FBI, and I have filed the appropriate documents with the Office of Information Practices. That being said, in comment to Ms. Schoen's statements about confidentiality, during the last meeting you had an individual testify by the name of Mr. Rees. Mr. Rees was provided all the documentation, the petitions including the confidential extortion letter of Lincoln Ashida, and the letter from Emily Naeole's attorney. Mr. Dill, you handed me a copy of a document, the letter of May 29`h from Mr. Udovic. Written on top of it, in the handwriting of the secretary, was the name John Rees —or Tim Rees. Okay, now how did he get a copy of it routed to him prior to the meeting if there's a confidentiality law? Second of all, if you look at the testimony of Mr. Rees, he states clearly that he has read all documents. During the time that he was testifying, he had copies of those documents in his hand, as witnessed by the reporter. So therefore I challenge the Board, and I have filed formally here, that you have violated the confidentiality rule and have deprived me of due procedural process which is incorporated in due process of both state and federal constitutional rights and privileges. Do you all understand that? Be advised that we are no longer in high school. You are over eighteen, this is the real world, and you're about to have some real world consequences. As you know, it takes about 15 minutes to file a JS 44 form, and as you will see by the documents submitted to you on 7 July and 2 July, you are all being charged with criminal and civil violations and deprivation, and be prepared for the U.S. District Courts. Okay. Going on further, the minutes of the last meeting were corruptly and deliberately altered, and that is why I requested a copy of the audio file in order to make those ascertations into which it was done. Again, be advised that the last time the letter that was sent of extortion, Mr. Ashida committed extortion, as you have all been filed. Your fact that you continue on with this, you are now an accessory after the fact on a federal violation of Title 18, United States Code, subsection 3, and a violation of Hawai `i Revised Statutes for hindering prosecution, second degree. Those documents have been provided to you in these two letters. Okay, in addition, you will notice that the statements made by Mr. Rees indicated--followed through the 4.5 rule, I believe, in frivolous filing, etcetera. Okay, Mr. Rees had knowledge of that information prior to it. Mr. Ashida blackmailed me before the public. The decisions made by this Board not to accept the petitions were based on a secret communication that was not released to the public, in violation of the Hawai `i Sunshine Laws. In addition, the Board did not contact me, as required by the Hawai `i Sunshine Laws. And the agenda - -the Board did not contact me and follow its own rules of procedure and policy and practice. What you might want to do is contact your legal advisor here, and ask them of your civil and criminal liabilities that you are about to embark on, and that the County cannot provide legal assistance because you are in violation of the laws. You are being charged with misdemeanors, multiple counts of misdemeanors, on both state and federal charges. CHAIR: Hold on a second, sorry to interrupt. These are allegations on your part being filed with the federal government— N COLE: - -They have been filed. CHAIR: Okay, so they're not charges— COLE: - -You have admitted it— CHAIR: - -Hold on— COLE: - -Yes— CHAIR: -- They're allegations at this point. We haven't been formally or officially charged with anything, so — COLE: That's right, that's what its all about. We have filed the complaints. CHAIR: Okay, all right, so they're allegations, not charges, just to correct— GENTRY: Is this testimony on an agendized item? COLE: They're all on agenda items. You brought up the fact of confidentiality. CHAIR: Okay, sorry. Continue. COLE: Okay, also, the statements of Mr. Ashida, where Mr. Ashida stated that he knew nothing about any letter or request from the Police Department, and it bypassed him totally, is also a violation of the Hawaii Rules of Professional Conduct. Mr. Ashida basically has admitted to maladministration. Not only that, Mr. Ashida is the appointed individual responsible for legal opinions, which broaches the subject —how many other legal opinions have been made without Mr. Ashida's knowledge, and what liability and exposure does the County have? In addition, Mr. Ashida, in his actions, were deliberate violations, knowing and knowingly, of extortion, of Hawai `i Revised Statutes, and the attorneys in the office at the time are now all bound, both by Hawai `i Revised Statutes and by Office of Disciplinary Counsel rules, to report such matter. Their failure to do so, they will be filed against them with the Office of Disciplinary Counsel for — requesting disbarment. Again, you also voted in the fact not to accept petitions. Now we have an advisory on a petition that wasn't accepted, and in the case of Kathleen Garson, it was not only not accepted, but you voted to state that there was no violation of the Sunshine Law by Mr. Gars —by Mr. Ashida and Ms. Garson. Your policies and procedures alone have been violated again. So as I state, you are in violation of the Hawai `i Sunshine Law, in violation of your own rules of policy, practice and procedures. You continue on with this, since you have been provided all the laws, will in fact be a knowing and knowingly action on your part for the purpose to violate civil and criminal laws of the state and federal governments. Thank you very much. And I also would not have the time to review these today, the petition, but — CHAIR: Okay. Thank you. LUR I move that we go on to the minutes. CHAIR: Hold on a second. Can 1 go —can we just go real quickly into Executive Session before we move on, and then discuss— GENTRY: - -So moved. L UM: Second. CHAIR: All in favor? (Ayes heard simultaneously.) CHAIR: Aye. Okay. SCHOEN: Mr. Chair, before we go into Executive Session, could you state on the record the purpose of the Executive Session? CHAIR: Oh, I'm sorry. To discuss legal allegations that were just made in statements from the public. SCHOEN: So basic —I just want to read for the record, because we need to adequately state the reason for Executive Session. And so it would be a motion to enter into Executive Session for the purpose of consulting with the attorney on questions and issues pertaining to the Board's powers, duties, privileges, immunities, and liabilities? CHAIR: Yes, ma'am. SCHOEN: Thank you. CHAIR: All in favor? Aye? (Ayes heard simultaneously.) CHAIR: based on that. Thank you. 10:10 a.m. All parties left the room except the Board members, Ms. Schoen, and the Board's secretary. The Board entered into Executive Session. 10:24 a.m.: The Board reentered Regular Session. The door was opened and the various parties returned to the meeting room. , CHAIR: Just for the record, I'm going to ask you guys in attendance to state your name. This is Mr. Kevin Dayton, he works for the Mayor's Office. Thank you for joining us, Kevin. And then the gentleman — G1 WESTERVELT: Bradley Westervelt, County Clerk's Office. CHAIR: Okay. GOODENOW.• Ken Goodenow, County Clerk. CHAIR: Thanks for coming, guys. We are currently on the approval of minutes -- minutes of the June 10, 2009, Regular Session. 3. APPROVAL OF MINUTES Minutes of the June 10, 2009, Regular Session. Motion and vote: Ms. Nicholson moved to accept the minutes, Ms. Lum seconded the motion, and all members present voted aye. Minutes of the June 10, 2009, Executive Session. Motion and vote: Ms. Gentry moved to accept the minutes, Ms. Lum seconded the motion, and all members present voted aye. 4. COMMUNICATIONS a. Communication 2009 -33: The High Road publication of the Hawaii State Ethics Commission, June 2009 issue. Motion and vote: Ms. Lum moved to accept and file the communication, Ms. Nicholson seconded the motion, and all members present voted aye. b. Communication No. 2009 -34: Letter of complaint dated 6/18/09 regarding a County officer or employee's actions at the 6/16/09 Council meeting; and Communication No. 2009 -37: response letter to the complaining party from the Board's secretary dated 6/30/09. COLE: Are those documents available for the public at this time? CHAIR: This is an open meeting. Would you like a copy? COLE: Yes, I would. CHAIR: Okay. SECRETARY: 1 don't have an extra copyright now. I can make you one after the meeting. G'! COLE: It would be a little bit difficult to make statements upon something you can't see. Are there some more secret documents you're holding on? CHAIR: No, this is a communication to the Board of Ethics, so you can get a copy of the and discuss this communication to this Board. Did everybody have a chance to read —Mary, thanks for your response letter with the information about filing a petition. Anybody have a chance to – SECRETARY: I can give you my copies now, . (Secretary handed the two communications to Mr. Cole.) But I need it back, and 1 can make you copies. LUM: But Mary's letter — Mary's letter gives him instructions on how to file a petition, right? CHAIR: Correct. LUM: A petition form, yeah. Otherwise, I don't think we can do anything yet. I kind of wish he was here, I'd ask a couple of questions, but – NICHOLSON: Well at this point, I move that we accept and file, because we can't take any action at this point until we have a petition or more information. CHAIR: Yeah, it's a communication. GENTRY: Okay, I'll second the motion to accept and file the communication. CHAIR: All right, and we might be seeing- LUM: - -We'll have to waitfor him to— GENTRY: - -fill one out- LUM: - -to decide what he wants to do. Okay. CHAIR: In order to agendize the item, yeah. So we have a motion and a second. All in favor to accept and file Communication 2009 -234— SCHOEN: -- Excuse me, Mr. Chair, I'm sorry. You know, Mary's letter does state that the Board may determine whether or not it needs more information, and the Board may want to communicate with this person to see whether or not —if there is any other information that you folks feel he needs to provide. L UM: Wouldn't we have to wait for his petition before we ask him that? SCHOEN: Well, actually, if you look at the letter it says also enclosed, if you would like to use it, is the Board's petition form. So you know, we didn't tell him you have to use the petition form, and typically this Board does not require the form to be used. But I think what is lacking in this letter is a specific provision that he is alleging – 7 CHAIR: Yeah, I know what you're saying. L UM: There's not enough information in here to work from, yeah. CHAIR: Yeah, if he's asked if he's referencing a specific Code item, then I think that would give us something to proceed with and maybe agendize more specifically to discuss. Right now, since he's not, I guess the question is if we feel the information provided in the letter and our response from the Corp Counsel Office is sufficient for us to proceed, to accept and file, or should we try and agendize it as something to discuss further. LUM: I think —I move —we've got a motion, right? GENTRY: To accept and file. LUM: Yes, and we have a second. I'm ready to vote. Anybody else? CHAIR: Like 1 said, if there's aspecific Code item that he's referring to- LUM: - -I think it's up to him now. CHAIR: Any other discussion? L UM: Yes, if he wants to CHAIR: Okay, if there's no further discussion regarding the motion and the second- LUM: - -Wait, wait, wait, wait, wait, one more thing. No, I take it back. I think Mary's letter is adequate to encourage him to put it in proper form and to inquire more if he needs to. So I think we're okay on this. He can call her if he has more —she even puts her phone number in here, the phone number in here. Okay. Okay, ready to vote. CHAIR: Okay. Everybody else, you sure? Okay, all in favor. (Ayes heard simultaneously.) (Mr. Cole handed the two communications back to the secretary.) CHAIR: Aye, all right, accept and filed. Moving on to 4c, draft Informal Advisory Opinion regarding Petition No. 2009 -2. C. Draft Informal Advisory pinion regarding Petition No. 2009 -2 (petition was heard at the Board's 6/10/09 meeting and was regarding the allegation that a County officer or employee violated Section 2 -83 of the Ethics Code (fair treatment) by stating to a newspaper reporter that the petitioner was "whacky ") NICHOLSON: That's the one we got this morning. 8 CHAIR: Yes, so why don't we have a few minutes to just — everybody can take a closer look at it. COLE: While you're reading it, can I make a statement, just to help you frame your reading? LUM: I think we have to - CHAIR: Hold on a second, let's read. (The Board members took a few minutes to read the draft.) CHAIR: Have you all had a chance to read it? Okay, just to clarify to everybody and the Board. This draft informal advisory opinion again is just going over the vote and the decision that was made by this Board at our 6110109 meeting. So what we're voting on is whether this informal advisory opinion reflects what decision was made by this Board. Mr. Cole, if you have a statement, you can keep it brief. COLE: Yes, I'd like to state that this draft informal advisory, as advertised on the agenda, is in violation of Hawai `i Revised Statutes, the Sunshine Law, as it deliberately obscures the name of the petitioner and does not truly reflect for public scrutiny the actuation of what's happening here. That so said, be advised that the statements of the draft itself are in violation of Hawai `i Revised Statutes 710 -1030 regarding hindering of prosecution. They're also in violation of Title 18 of the United States Code, subsection 3, accessory after the fact. The documents as presented by the attorney's signature are in violation of Hawai `i Revised —Hawai `i Rules of Professional Conduct, Rule 8a, misconduct. It is professional misconduct for a lawyer to (a) violate or attempt to violate the rules of professional conduct, knowingly assist or induce another to do so, or to do so through acts of another, (b) commit a criminal act that reflects adversely on the attorney's honesty, trustworthiness, or fatness as a lawyer in other respects, (c) engage in conduct involving dishonesty, fraud, deceit, and misrepresentation. CHAIR: Thank you. COLE: Please continue. CHAIR: Okay, so have we all had a chance to review the- LUM.• I move that we accept this informal advisory opinion. NICHOLSON: I second. CHAIR: Okay. We have a motion to accept the informal advisory opinion regarding Petition No. 2009 -2. All in favor? (Ayes heard simultaneously.) 9 CHAIR: Okay, so moved. SECRETARY: I have one for you to sign, then, without the draft d. Draft Informal Advisory Opinion reaardina Petition No. 2009 -3 (petition was heard at the Board's 6/10/09 meeting and was regarding the allegation that a County officer or employee violated Section 2 -84 of the Ethics Code (conflicts of interest) y rendering a legal opinion to the Police Department to take no action on a criminal complaint filed against him). CHAIR: Okay, thank you. Moving on to agenda item 4d, draft informal advisory opinion regarding Petition No. 2009 -3. Did you all get a chance to review the informal advisory opinion regarding this petition? L UM: Yes. GENTRY. I move to adopt the informal advisory opinion. L UM: Second. CHAIR: Okay. Any discussion? GENTRY: No. CHAIR: All in favor? (Ayes heard simultaneously.) CHAIR: So moved. COLE: Is there any comments from the public on that, or- LUM: - -No, we don't have comments from the public usually on these. COLE: Okay. CHAIR: Moving on to Communication e, draft informal advisory opinion regarding Petition 2009 -4. e. Draft Informal Advisory Opinion regarding Petition No. 2009 -4 (petition was heard at the Board's 6/10/09 meeting and was regarding the allegation that a County officer or employee violated Section 2 -84 of the Ethics Code (conflicts of interest) by rendering legal opinions to the Board of Ethics on April 8, 2009). CHAIR: Did you all get a chance to review this informal advisory opinion? NICHOLSON: I move that we adopt this draft as presented. 10 L UM: Second. CHAIR: All in favor? (Ayes heard simultaneously.) CHAIR: So moved. Moving on to agenda item 4f, Communication No. 2009 -36, letter to the Board and the Office of Information Practices dated 6/24/09 from Dan Cole requesting various government records related to the Board's June 10, 2009, meeting. £ Communication No. 2009 -36: Letter to the board and the Office of Information Practices dated 6/24/09 from Dan A. Cole, requesting various government records related to the Board's June 10, 2009, meeting. CHAIR: Have you all received this and reviewed it? LUM: I have a comment. On the letter on the very end of this. I understand that Mr. Cole was concerned about this name on the letter, where it says Tim Rees. I recall that during that meeting, Mr. Cole did not have a copy of this letter. CHAIR: Mr. Rees. L UM: I mean —no, it was Mr. Cole. CHAIR: Oh, Mr. Cole -- COLE: - -I did not have a copy of it. You gave it to me, Mr. Chair. L UM: I gave you my copy. COLE: Well someone gave me a copy. L UM: Yeah, and that's my handwriting on here, that's written Tim Rees. COLE: No. No, that is- LUM: - -That is my handwriting on this letter, and I wrote it when Mr. Rees was talking, so I could remember his name. That's all it is. COLE: I understand. Then how did it - -was it possible that that handwriting was a photocopy? LUM: I don't know -- COLE: - -I received a photocopy. L UM: Did they photocopy and give me back my copy? 11 COLE: I received a photocopy. LUM: I handed my copy. That's my handwriting. I just want to make that clear so you didn't get— COLE: - -Are you willing to testify that in subpoena, yes- LUM: - -so that you didn't get, you know, have a wrong interpretation on that. But that's just to clarify that little, that little— COLE: - -Would you like to compare the signatures with that writing of Mary Crosson? CHAIR: Well regardless, we're not going to do it today, so- LUM: - -It's my handwriting. I know, I've been writing my handwriting for seventy years, so— COLE: - -I received a photocopy, and there wasn't a photocopy machine there. CHAIR: Okay, so- SCHOEN: - -Mr. Chair, if may interject. We have prepared a response to Mr. Cole's request. I think we have —will be providing all documents, what we believe to be what he's requesting, except for the—he's requesting a copy, if you look on his June 24rh communication, item number 1, he's requesting a CD copy, and we do have to redact the Executive Session minutes. And the other item, I believe it's item number 9, he's requesting a copy of any and all UIP or other request made by Tim Rees. My understanding is that Mr. Rees came in and requested orally for a copy of the petitions, and they were provided to him at the meeting. LUM: At the meeting. CHAIR: Okay, so both this letter in the back that has writing on it, and the petitions that were handed out to Mr. Rees, were handed out at the meeting, our 6110109 meeting? SCHOEN: Correct. CHAIR: And not prior to? SCHOEN: Correct. CHAIR: Okay. Thank you. Any other comments on this Communication No. 2009 -36? LUM: So this is the companion with this, this list? SCHOEN: Yes, that's what we will be providing to Mr. Cole. 12 L UM.• Okay. And your office is taking care of the confidentiality items in this, if there is any? SCHOEN Yes, we will. L UM: Okay. CHAIR: Okay? Any additional comments on this communication? GENTRY: Move to accept and file- NICHOLSON: - -I move we accept and file. GENTRY- I second. CHAIR: Okay. All in favor? (Ayes heard simultaneously.) g. Communication No. 2009 -38: Letter from Sabriena M. Gibbs requesting records regarding a 2003 Board of Ethics petition involving Kama`aina Pumping. Ms. Schoen explained that her office would be providing Ms. Gibbs with copies of the requested documents except for the contract, as it would not be in the Board's custody or possession. The Chair asked whether the request for the contract would be forwarded to the appropriate department, and Ms. Schoen said yes. Motion and vote: Ms. Gentry moved to accept and file the communication, Ms. Lum seconded the motion, and all members present voted aye. h. Communication No. 2009 -39: Memo to the Board from the County Clerk dated 6/30/09, requesting clarification of the County's lobbyist registration requirements. Mr. Goodenow thanked the Board and said he was bringing this matter to the Board's attention because many people have contacted his office about whether they need to register as lobbyists, or have questioned why other parties who appear before the Council were not registered. His office has also received complaints about the lobbyist registration form not being clear. He requested the Board's assistance in the matter. Mr. Goodenow said he would like guidance from the Board, as there are gray areas. For example, someone may represent a group on a particular issue but not receive monetary consideration. However, there could be other consideration received. He explained that his office does not scrutinize the forms and does not investigate. They just collect the forms and place them in a file. 13 Ms. Schoen asked Mr. Goodenow whether his office has asked people who consistently appear at Council meetings to register, and he said they have not but would like to be guided by the Board on whether they should. Motion and vote: Ms. Lum moved to continue the matter to the next agenda, to allow the Board to look at the forms and read the Code and rules. Ms. Gentry seconded the motion, and all members present voted aye. 5. NEW BUSINESS a. Review of Gift Disclosure Statements received from Councilmembers Brenda Ford, Peter Hoffmann, Donald Ikeda, Emily Naeole, and Dennis Onishi. Ms. Gentry asked whether gift disclosures are about the gift or the giver. Ms. Schoen explained that the pertinent Code sections are 2 -91.4 and 2 -91.5 and that they direct the disclosure to contain a description of the gift, an estimate of its value, the date it was received, and the name of the person or organization giving the gift. She said the disclosure is specifically about the giver and whether the gift is intended to influence the officer or employee in the performance of his or her duties. Ms. Lum noted that the Board does not have a procedure to follow up on gift disclosures. However, Ms. Schoen said following up or conducting an investigation is inherent in the Board's duties. Ms. Gentry questioned Sativa Sultan's gift listed on Emily Naeole's disclosure, as she believed Ms. Sultan may be employed by Ms. Naeole. Ms. Gentry asked Mr. Goodenow, since he was present, about Ms. Sultan. Mr. Goodenow explained that Ms. Sultan is not an employee but a volunteer. In addition, although the Council Chair traditionally has allowed the Vice Chair to hire the deputy executive assistant, there is no vacancy in the Chair's staff and he is not aware of any consideration of Ms. Sultan for employment. The Chair said he wanted clarification on some of the specific gifts and wondered whether drafting a letter detailing the Board's questions would be the proper procedure. Ms. Schoen said that could be done, but their rules also provided for them to form a small committee to actually investigate the gift giving and report back to the Board. Ms. Nicholson said she found it disturbing not knowing the intent of the gifts, or the relationship between the givers and recipients. The form did not provide for a councilmember to indicate his /her relationship to the giver or whether the gift is personal or related to Council business. The Chair said his main concern is to know the purpose of the gifts. He said he would be willing to draft a letter to the councilmember in question, and if the Board had additional questions, the councilmember could appear at a meeting. 14 Upon further discussion, it was decided they needed to look at the instructions for the disclosure and the Code guidelines. Motion and vote: Ms. Gentry moved to continue the matter to the next meeting. Ms. Lum seconded the motion, and all members present voted aye. 6. UNFINISHED BUSINESS a. Ongoing discussion on the Sunshine Law. Ms. Schoen said she had nothing new to report. 11:01 a.m.: The Board recessed. 11:06 a.m.: The Board reconvened. Motion and vote: Ms. Gentry moved to enter into Executive Session for review of confidential financial disclosures. Ms. Lum seconded the motion, and all members present voted aye. 11:06 a.m. The left Regular Session to enter into Executive Session. 11:17 a.m.: The Board returned to Regular Session. 7. EXECUTIVE SESSION (VOTING) a. 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. Motion and vote: Ms. Nicholson moved to approve financial disclosures 1, 2, 3, 5, and 6, and to send 4 back for further information. Ms. Gentry seconded the motion, and all members present voted aye. 8. ANNOUNCEMENTS The Chair announced the next meeting as being scheduled for August 12, 2009, at 10:00 a.m. at the Department of Liquor Control in Hilo at 101 Aupuni Street, Suite 230. 15 w 9. ADJOURNMENT Motion and vote: Ms. Gentry moved to adjourn, Ms. Nicholson seconded the motion, and all members present voted aye. 11:19 a.m.: The meeting adjourned. Respectfully submitted: C'U's rly Mary E rosson, Secretary 16