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HomeMy WebLinkAbout2010-03-10 Board of Ethics MinutesHAWAII COUNTY BOARD OF ETHICS MINUTES — REGULAR SESSION Wednesday, March 10, 2010 10:00 a.m. — 11:15 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 Lorene M. Mizuba, Secretary for the Board (in training) 1. CALL TO ORDER 10:00 a.m. The Chair called the meeting to order. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS There were no statements from the public. 3. APPROVAL OF MINUTES Minutes of the February 10, 2010, Regular Session. Motion and vote: Ms. Nicholson moved to approve the minutes, Ms. Gentry seconded the motion, and all members present voted aye. 4. COMMUNICATIONS Communication No. 2010 -12: "Reminder on Political Campaign Restrictions for all County Officers and Employees" from Lincoln Ashida, dated 2/18/10. The members read and reviewed the communication. Motion and vote: Ms. Nicholson moved to accept and file the communication, Ms. Gentry seconded, and all members present voted aye. 5. NEW BUSINESS a. Financial disclosure training set for December 2010. Ms. Schoen advised that as a result of financial disclosure filing deadlines, she received multiple inquiries regarding the financial disclosure form and how to complete the document. She has arranged for training classes in December, 2010 in both Hilo and Kona, to help County employees fill out the form. She anticipates that the forms will be completed more fully after the training. The Board members are invited to attend and notices will be sent out prior to the training classes. b. Communication No. 2010 -13 regarding "kuleana access" and various allegations of wrongdoing by County officers and employees. Ms. Schoen advised the Board that she provided copies of a letter addressed to the Board which appears to be a petition. The matter was agendized in counsel's report to the Board instead of as a new petition because there are several matters the Board need to consider upon this initial review, including that the communication was not signed, there is no citation to a specific code of Ethics provision, and many of the allegations appeared outside the jurisdiction of the Board. The Board must determine whether or not more information should be requested or whether the Board should send a letter rejecting the document for lack of jurisdiction. All of the attachments were available for the Board's review. In a typical situation, a notice would be sent to the person(s) involved in the complaint, but that hasn't been done yet pending the Board's decision as to what action, if any, they would take. After being provided background information and after further review of the documentation, the Chair recommended that a letter be sent to the individual, encouraging that a petition be filed if she feels that a violation of the Ethics Code has taken place, and identifying which behavior is in violation of the Ethics Code, and to be directed to the appropriate code language as none of the allegations cited are within the Board of Ethics' jurisdiction. Motion and vote: Ms. Gentry so moved, Ms. Nicholson seconded, and all members present voted aye. 6. UNFINISHED BUSINESS a. Review of the Board's proposed changes to the Ethics Code. The Board reviewed a redlined version of the Board's proposed changes to the Ethics Code which Ms. Schoen prepared and agreed that the revised version be submitted to Council. The Board further discussed whether to submit its proposed changes independently or in conjunction with the proposal submitted by Mayor William Kenoi, and which alternative would be the best route to follow. The Chair stated that they wanted to work in concert with the Mayor, since he sought their advice. Although they didn't agree with all his proposals, they need to work together and help him accomplish what is best for the community. He suggested they send a simple letter to the Mayor, requesting that he keep them informed on when he submits his proposals to the 2 Council. Ms. Nicholson said they would give the Chair permission to work with Ms. Schoen on the letter and send it on their behalf. Motion and vote: Ms. Lum moved to have the Chair submit a letter to the Mayor regarding the Board's proposed amendments. Ms. Gentry seconded and all members present voted aye. Motion and vote: Ms. Lum moved to enter into Executive Session for the review of confidential financial disclosures. Ms. Gentry seconded the motion, and all members present voted aye. 10:26 a.m.: The Board left Regular Session. 11:12 a.m.: The Board returned to Regular Session. 7. VOTING ON EXECUTIVE SESSION MATTERS a. Approval of the minutes of the February 10, 2010 Executive Session. Motion and vote: Ms. Nicholson moved to accept and file the minutes, Ms. Gentry seconded the motion, and all members present voted aye. 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. The Chair stated that pursuant to reviewing the disclosures in Executive Session, the Board had questions regarding disclosures 3, 9, 19, 21, 23, 24, 26, 27, 30 and 39 and were returning them for further information. Motion and vote: Ms. Lum moved to accept all of the other disclosures, Ms. Gentry seconded the motion, and all members present voted aye. 8. ANNOUNCEMENTS The Chair announced the next meeting for April 14, 2010, 10:00 a.m., at the Department of Liquor Control, 101 Aupuni Street, Suite 230, Hilo, Hawaii. Ms. Lum moved to thank Ms. Nicholson and Ms. Gentry for their service to the Board of Ethics, as this was their last meeting. 3 9. ADJOURNMENT Motion and vote: Ms. Gentry moved to adjourn, Ms. Lum seconded the motion, and all members present voted aye. 11:15 a.m.: The meeting adjourned. Respectfully submitted: Lorene M. Mizuba, SecretaYy in