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HomeMy WebLinkAbout2010-04-14 Board of Ethics MinutesHAWAII COUNTY BOARD OF ETHICS MINUTES — REGULAR SESSION Wednesday, April 14, 2010 10:00 a.m. — 11:13 a.m. 101 Aupuni Street, Suite 230 Hilo, Hawaii 96720 Present: John E. K. Dill, Chair Ann Lum, Vice Chair Arne T. Hendricks, Member Renee N. C. Schoen, Deputy Corporation Counsel Lorene M. Mizuba, Secretary for the Board 1. CALL TO ORDER 10:00 a.m. The Chair called the meeting to order. The Chairman welcomed Arne T. Henricks as a new Member to the Board of Ethics. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Rebekah Sluss appeared to speak regarding Agenda Item #4, Communication #2010 -018. As a County employee, Rebekah Sluss is concerned about Mayor Kenoi's proposed changes to the Code of Ethics. Her husband is a contractor and does tennis court resurfacing periodically for the Department of Parks and Recreation. Ms. Sluss works for the Department of Environmental Management, and if the Mayor's proposed changes pass, it would be a concern as her husband would not be able to contract with the County of Hawaii which would result in the loss of multiple business opportunities. Ms. Sluss indicated that it seems that the Mayor's revisions to the Code of Ethics are not in concert with the Board of Ethics' proposals, especially as no employee's family members with a controlling interest in a company may contract with the County. Ms. Sluss indicated that as the County is the largest employer on the island, she believes that the scope is too broad. She suggests that better alternatives would be to prohibit individuals from contracting with the same department or division that their immediate family member is employed, or to request that the Ethics Board review conflicts of interest prior to awarding the contract. The Chairman directed that a copy of the Board's Communication No. 2010 -22 relating to the Board's proposed changes be forwarded to Ms. Sluss and that she review the document so she has a better understanding of the Board's suggestions on the matter. Ms. Schoen advised the Board members that the Board's communication was forwarded to Finance Committee Chair Dennis Onishi, but that at his direction, the matter was continued to the May 4, 2010 Finance Committee meeting to be heard in concert with the Mayor's proposals. The Chairman recommended to Ms. Sluss that she testify at the Council meetings. Ms. Lum also suggested to Ms. Sluss that she communicate with her council member and direct his /her attention to this issue. Ms. Lum also suggested that Ms. Sluss' co- worker, who is in the same type of situation, communicate with their councilmember and to appear at public hearings so their concerns are aired. The Chairman indicated that the Mayor's intentions are the same as the Board, which would be to rule out conflicts of interest, but that unintended consequences could come about if the Mayor's revisions are passed. 3. APPROVAL OF MINUTES Minutes of the March 10, 2010 Regular Session. Ms. Schoen advised the Chairman that since the requisite number of members from the prior meeting are not present at the current meeting, the approval of the March 10, 2010 minutes must be postponed. 4. COMMUNICATIONS Communication #2010 -018: Ms. Schoen indicated that Communication #2010 -018 dated March 10, 2010 was sent to the Chair of the Hawaii County Council from Mayor William P. Kenoi as a bill. Motion and vote: Ms. Lum moved to accept and file the communication, Mr. Henricks seconded, and all members present voted aye. 5. NEW BUSINESS a. Communication No. 2010 -019 Undated anonymous letter to Department of the Attorney General requesting investigation into forced retirement of a Hawaii County Parks and Recreation employee. Ms. Schoen advised the Board that it had received a copy of the above letter. However, it was unsigned and anonymous, and the Board's duties do not include investigating criminal matters. After discussion, the Chairman stated that although the letter appears to be requesting the Attorney General's office to check on the matter, the letter itself is unsigned and since the Board may only react to petitions which are presented to the Board, that the communication be reviewed, accepted and filed. Motion and vote: Ms. Lum so moved, Mr. Henricks seconded, and all members present voted aye. 2 b. Communication No. 2010 -022 Letter to J Yoshimoto, Chair, Hawaii County Council, from Board of Ethics' Chair John Dill, re: Mayor's Ethics Proposals. Ms. Schoen advised the Board that she appeared at the Hawaii County Finance Committee meeting on April 6, 2010 and explained to the Committee members that over the course of the last few months, the Board had deliberated and subsequently submitted its own version of proposals regarding changes to the Ethics Code. The Committee indicated to Ms. Schoen that they wanted to hear the Board of Ethics proposals in conjunction with the Mayor's proposals. Ms. Lum stated that as is evidenced from the public testimony received today, the far - reaching ramifications and real -life circumstances have not been addressed. Ms. Schoen stated that at this point, there isn't anything else for the Board of Ethics to pursue and that it is up to the County's legislative branch to pursue the issue. Motion and vote: Ms. Lum moved to accept and file the communication, Mr. Henricks seconded, and all members present voted aye. 6. UNFINISHED BUSINESS a. Counsel's report on the status of the Board's proposed changes to the Ethics Code. Ms. Schoen informed the members that the attempt by City and County of Honolulu Ethics Commission to pursue administrative fines for ethics violations has failed. Therefore, Ms. Schoen proposes that the Hawaii County Code be amended to provide an appeal procedure for imposing administrative fines. The County Council issued an ordinance to allow this Board to impose administrative fines, but State law needs to be followed first. The members discussed the alternatives and processes to pursue administrative fines, cease and desist orders, failure to abide by the cease and desist orders, and the ability to pursue an appeal of an ethics violation fine, pursuant to Hawaii Revised Statutes Section 46 -1.5 subsection 24(A) and 24(F). An appeal provision would need to be included in the Hawaii County Code. The appeal would then go to the Third Circuit Court. Ms. Schoen indicated that she is determining whether to prepare documentation regarding submitting such an amendment to the Hawaii County Code. The process would be that the board would go through a contested case hearing to issue the fine, and an appeal of the imposition of a fine would be made to the Third Circuit Court under Chapter 91, Hawaii Revised Statutes. Motion and vote: Ms. Lum moved to enter into Executive Session for the review of confidential financial disclosures. Mr. Henricks seconded the motion, and all members present voted aye. 10:25 a.m.: The Board left Regular Session. 11:07 a.m.: The Board returned to Regular Session. 7. VOTING ON EXECUTIVE SESSION MATTERS a. Approval of the minutes of the March 10, 2010 Executive Session. Ms. Schoen advised the Chairman that since the requisite number of members from the prior meeting are not present at the current meeting, the approval of the March 10, 2010 minutes must be postponed. 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 after reviewing 43 disclosures in Executive Session, the Board had determined that disclosures 2, 3, 6, 8, 11, 12, 13, 14, 15, 18, 19, 22, 25, 26, 27, 29, 32, 33, 34, 38, 40, 41 and 43 were approved, and the Members had questions regarding disclosures 1, 4, 5, 7, 9, 10, 16, 17, 20, 21, 23, 24, 28, 30, 31, 35, 36, 37, 39 and 42, and were returning those for further information. Motion and vote: Ms. Lum moved to accept all of the approved disclosures, Mr. Henricks seconded the motion, and all members present voted aye. 8. ANNOUNCEMENTS The Chair announced the next meeting for May 12, 2010, 10:00 a.m., at the Department of Liquor Control, 101 Aupuni Street, Suite 230, Hilo, Hawaii. Ms. Lum stated that she would be unable to attend the May 12, 2010 meeting and there may not be enough members at that meeting present for a quorum. 9. ADJOURNMENT Motion and vote: Ms. Lum moved to adjourn, Mr. Henricks seconded the motion, and all members present voted aye. 11:13 a.m.: The meeting adjourned. Respectfully submitted: Lorene M. Mizuba, SecretaYy in