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HomeMy WebLinkAbout2010-07-14 Board of Ethics MinutesHAWAII COUNTY BOARD OF ETHICS MINUTES – REGULAR SESSION' Wednesday, July 14, 2010 10:03 a.m. – 12:23 p.m. 101 Aupuni Street, Suite 230 Hilo, Hawaii 96720 Members and staff present: John E. K. Dill, Chair Ann Lum, Vice Chair Arne T. Henricks, Member Renee N. C. Schoen, Deputy Corporation Counsel Lorene M. Mizuba, Secretary for the Board 1. CALL TO ORDER 10:03 a.m. The Chair called the meeting to order. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS CHAIR: Okay, statements from the public on agenda items. Why don't we call Anne Marsh Johnson to come provide testimony. We'd like to keep the statements from the public on the agenda items in about three minutes, if we could. If you could just state your name for the record. MARSH - JOHNSON: My name is Anne Marsh- Johnson. I wanted to state that I believe that the Hamakua Forest Reserve lands, the sale of them, is wrong. I've seen paperwork that I held in my hand from the county when they were putting the items up for sale, and it said Hamakua Forest Reserve over it, and I said what are you doing selling off Hamakua Forest Reserve? That's for the people of Hawai `i. And I did , and I found out Hamakua Forest Reserve is actually part of the Queen's Trust land and that it goes way past Waimea. And this land has been sold off and sold off illegally. I brought a couple items with me. I wanted to state real quickly and this is from the Bible. It says God's word tells us thou shalt not steal. Thou shalt not covet thy neighbor's house. Thou shalt not covet thy neighbor's wife nor his manservant nor his maidservant nor his ox nor his ass, nor anything that is thy neighbor's. When you covet something, you steal it. The queen, when she was converted to Christianity, she did this. She listened to what God's word told her. This is how she ruled her country, her nation. And what happened was, this man came in. I don't want to listen to what the queen has to say. I don't want to obey anyone that's obeying God. So he just decided to overthrow the Hawaiian Kingdom, and that is Christian persecution. It's religious persecution. When her name was stricken out of her trust, that's also religious persecution. This is not right. This land was stolen. It was stolen from the Hawaiian people. Now regarding the Hamakua Forest Reserve lands themselves, I've also done research on the lands, and they're- ' Minutes in italics are verbatim. Blanks indicate inaudible or indecipherable speech. there are animals on this island that are nocturnal and they're endangered. These lands should not be sold off. It makes these animals' reserve area smaller and smaller and smaller. And they're already endangered. They're already greatly endangered. And eventually we're going to have a wildlife crisis on our hands. I've seen evidence already of that starting in certain places on the island, because there's too many people here. And so we need to do something about that as well. We need to stop developing these lands. We need to have the Hamakua Forest Reserve lands, these lands that are up for sale, added to our forest reserve that's already in existence with the State, because that's what it was meant to be. Before it became a state, it was a territory. The County of Hawai `i hid those records from the State and never let them know that it was supposed to be part of the State Forest Reserve lands. And that's basically what happened. I've seen pictures of actually a picture of old Hawai `i, and the koa wood trees that once lived behind and stood behind Waimea, the town of Waimea, them things were like larger than the sequoia national redwoods. We're talking huge, massive trees. What kind of species were in there? What lived in those trees? What existed? Now it's like a -- almost a desert. It's becoming a desert with the cows. If you want a desert, that's what you do. You cut the trees down, you bring the cows in, and voila, eventually you have a desert. And people are saying I'm noticing changes here, I'm noticing changes here. Yeah, there are changes being made here. But it's more than just the political changes, and it's more than just the population increasing and stuff. I believe with all my heart- -I believe that God's judgment is coming to this island because of all the things that are going on here. This county needs to make it right. This state needs to make it right to the Hawaiian people. Because if not, then the judgment of God's going to come. We say in God we trust, right here on the coin. If we believe God, if we trust God, then we are to obey what? This, His word. Thou shalt not steal, thou shalt not covet anything that is thy neighbor's. And that's what happened with the Hawaiian people. I rest my case. CHAIR: Okay, thank you. Shelley Stephens? If you could state your name for the record. STEPHENS: Aloha, can you hear me okay? CHAIR: Yup. STEPHENS: My name is Shelley Stephens, S- T- E- P- H -E -N -S. I'm also calledMaka `ala Nakoa. I was asked to file this petition from my `ohana. The original petition - -what we 're stating is that the sale of the Hamakua land is unethical, and we cited that also it would cause harm to a third party, which is part of the Ethics Code. And I listed in number two specifically the sections that it would apply under the Ethics Code. What I am contending is that I have this document here I'd like to circulate, if you could please give it to them. And you can look at the front of it. It has to do with the Hamakua land that shows that there was an altered document at the basis of the title. And we're concerned that there's a discrepancy in the Title Guaranty report and that in general, that the types of title, which Title Guaranty is providing the title search, they're providing to the mayor, does put him in an unethical position. And I did type up in particular a report stating that Title Guaranty- -that the County of Hawai `i has jurisdiction over Title Guaranty, because they're paying them to do a job, and that they have to reflect on the issue of this altered document, and that two police officers and one sheriff has seen the 2 document and has stated that this is a criminal act. It is a title based on fraudulent conveyance, and so that the County of Hawai `i has to make Title Guaranty actually go back to the inception of title, and that they're not reflecting that in their title report to the mayor, or to any of the county council members. The protection of the interest and the survival of the kanaka - -we claim misrepresentation and illegal land transfer. It is unlawful to sell stolen property. There's a probate law violation. No consideration for the probate of Naukana and Keah `iheleikamoku (spelling uncertain) in Hamakua and the interests of the 245 chiefs are mentioned in the title search. There 's an international law violation that under UNESCO, relating to HRS 7 -1, there is a bill 2895 that was signed into law by the governor on May of 2000 which prohibits the sale and transfer of cultural property, which is allodial title, which is also mentioned in Title Guaranty's HRS 7 -5 corporate training packet. So even though they denied on camera dealing with allodial title lands or having knowledge of this type of land, it's in their corporate training packet, it's mentioned in HRS 7 -1, and it's actually part of the Bill 2895 that was signed into law, which also would bind the county so far as non - transference of cultural property. The title search is incomplete. We're stating thatyou do have time to make Title Guaranty to do the proper search, but apparently they will not do the search because they refuse to reflect on any political or historical anything political or historical in the report. Now part of the reason we feel that may be is because William Kenney, the founding father of Title Guaranty, is also the plena potentiary for the illegal treaty of cession. So it's actually a conflict of interest for Title Guaranty to keep presiding over any title search in Hawai `i. And so what we're saying is that herewith Title Guaranty, it shows in their corporate training packet that they were formed in 1896 And you'll notice on the document of Queen Lili `uokalani, the altered document, her name is crossed out and the date on it is 1896 And President Dole [sic] has signed his name over it. Now I do have on the board a statement from President Cleveland commanding Dole to restore the queen to her position, and Dole refused, and thereby the overthrow in 1893. Then in 1896 they systematically took the queen's land, crossed out the titles. And I need to remind you again that even the Consumer Protection Agency, when referred to about this document, said that they would have to refer it to criminal real estate investigation. So the county is basically in possession of stolen property, forensically related to the overthrow. So how are you going to ethically deal with this situation? The problem is, too, is that Title Guaranty still continues to deny the knowledge of the altered document, even though it came from their files, and we have it on record Ken of Department of Finance talking to Colleen Uahinui, who is the title officer for Title Guaranty, and she simply turns her head and denies that that came from her file, even though Ken of Department of Finance is stating that yes, it did come from her file. They also refused to report on the time period from 1893 to 1896 when the queen's name is crossed out. The title officer stated she does not have to red flag the altered document for the mayor, thereby putting the mayor in an unethical position. There's no report of a criminal act inside of their title report. Also, we are also stating that it is abhorrent that on that title you also know that God's name is crossed out, along with the queen's. So we're saying that under King Kamehameha III, that he placed all the lands under the Kingdom of God, and the Hamakua land theft amounts not only to stolen property of Queen Lili `uokalani, her heirs and successors, the native Hawaiian Kanaka, and all of Hawaiian nationals, but is also stolen property of God, because the Kanaka tie their religion to the land, and the land theft and displacement of Hawaiians from their `diva is a form of religious persecution, genocide by removal of original 3 inhabitants from their ancestral lands, and that also that these titles, they say they're unbroken, straight to the county. These are broken and clouded titles. We're also showing that inside of the title search, the actual original documents, that they show lease on top of the documents. These are leases of government ahupua `a. There's also Palapala Sila Nui, held in perpetuity for undivided interest that is not being considered. And also the probate of Naukana has not been mentioned once in any response letter from the Corporate Counsel. So under probate law, we have the probate law that for furtherance of justice and regular execution of the law, that we're asking that the probate of Naukana 463 be considered, which does have everything to do with the Hamakua land titles, and to pay to pay Title Guaranty to show the chain of transfer since 1848 is in itself a crime. There's too many discrepancies, no signatures, absence of stamps that are commanded under kingdom law, and that you may not be aware of it, but in the federal court, the federal judge was asked, what is the law of the land. The law of the land is Hawaiian Kingdom law. So that in this reference, those properties under Papa Sila Nui, Mahele, all of those titles are binding and still standing, and that even if in Title Guaranty's title search that they're saying one person sold that, that person cannot sell out the undivided interest of the unborn. That is not legal according to kingdom law. The land is held in perpetuity. The leases are 999 years. So technically, also, we are looking at if you are in possession of stolen property, what is the best thing to do in this situation? And we're suggesting as a solution is to make sure to find a second opinion. Do not rely on Title Guaranty, because as I mentioned they are in a conflict of interest over this issue. And that we're asking that the Ethics Board look at the fact that it is unethical to sell stolen property, and it is unethical for the mayor or anybody on Resolution 216 who voted to sell the property. It is unethical to fraudulently convey this property, even under the apology bill 103 -I50, which refers to this very property, stolen property of Queen Lili `uokalani and the Hawaiian Kingdom. CHAIR: Ms. Stephens? STEPHENS: Yes. CHAIR: Sorry to interrupt you. We have a whole stack of people who want to provide statements on the agenda items STEPHENS: - -Okay CHAIR: - -and we do have your petition on our agenda, at which time we'd be happy to get more information from you if needed STEPHENS: - -Okay, thank you. CHAIR: If you can just wrap it up, and then we can provide the others a chance. STEPHENS: Okay. And then one last thing that I should comment on. I wanted to say, in support of Anne Marsh and the preservation of the Hamakua Forest Reserve, and that I have volunteered under county open space, and so that why should we not preserve this Hamakua Forest Reserve under the issue of open space. And that one last comment is that also, the county is bound to the conditions of statehood and the Statehood Admission 0 Act, so that the county cannot act in any way that would cause the Kanaka, the Hawaiian, to diminish. And so that illegal transfer and theft of Hawaiian land, forced removal of original inhabitants from their land by the county is unethical, and they have inherited these properties in lieu of tax payments and even the quitclaim that was done that process was also an illegal process. So the county is in possession of stolen property and needs to follow through as to what is the most ethical procedures and protocols that you can, and that under federal monies coming into the county, it is a federal undertaking. And so consultation with the native Hawaiians, also under Ordinance 08 -42, for a certified local government, is crucial in this matter here. And I encourage you to work with the Kanaka Maoli on this issue, and also Queen Lili `uokalani Trust and lineal and collateral heirs of Lili `uokalani. Thank you. CHAIR: Thank you. Up next, Albert Haa, Jr. HAA: Good morning, my name is Albert Kahiwahiaokalani Haa, Jr. I'm kind of sad that I have to come today and talk about ethics against a Hawaiian mayor who is family. I hate to put down other Hawaiians in any way, but I'll try to make my thing brief. I feel it's very unethical when I try to make appointments to contact the mayor with no results or no response. My first time that I went into his office to see his secretary was at the first Hdmdkua land meeting, and I think it's about the time when he went to the mainland to see Obama get sworn in. However, I still feel it's very unethical, because my purpose was to try and protect the county because the information that I have could be detrimental to the state and the county, and I was looking at ways to remedy or communicate with the mayor personally with my issue. However, it ends up where I'm here today at the Ethics Board, complaining about ethics. I still would like to talk to the mayor personally. I'm saddened that he's not here. My other complaint is, I keep talking about probate 463 in every one of those county meetings, and when the Corporation Counsel looks over everything, they do not even mention anything about my probate. They don't mention anything about no king's signature, no king's stamp, queen's signature 's crossed out. It appears to me that they are just supporting Title Guaranty, whom I feel are criminals. And if the mayor is going to take his advice from criminals, how more unethical can that be? It's very obvious when you look at the paperwork, the numerous discrepancies on it. And they claim to have the title transfers from 1848, but none of them show my tutu's signature or the king's stamp. They're all fraud documents. They have board or commissioner's stamps on them. They don't even comply to volume one of the Hawai `i state laws. So I feel it's a crime and that if the mayor's going to run this county properly, he should look into it and make sure that he's not being misled by corporate thieves. Also, I had an example, and this was given to me by Corporation Counsel. It's in regards to property, personal property. What happened to mein 2009 is my boat got stolen and we went through this whole thing. But what Corporation comes out saying, after this theft report of my boat, it says it appears that the boat was fraudulently transferred to bla- bla -bla, and generally the law is well settled that against the true owner, all other claims are invalid. They give me this in regards to the old bust up boat that I got stolen, but when it comes to my tutu's land and assets, Corp Counsel completely ignores what I'm talking about. So what I'm saying is I think the mayor should even check on his Corporation Counsel people, because they're just putting lies over lies, covering up a theft that had happened years ago. But a theft is a theft. And I just wanted to make things pono. I wanted to have this talk to the mayor, maybe he could have a committee to go over what I'm talking about. But if you listen to any of those meetings that I went to, all I been trying to do is submit myself to the government, knowing what I know. And I'm trying to avoid chaos. I have not let all my family know about the king's will. I kept it as mellow as I can, and I thought that if I could negotiate with the mayor, with the councilmen, and we could work something out together peacefully to avoid chaos. I'm still afraid. In a few more months, all of my family will start hearing about the king's will, and what kind of reaction will that have? I'm not lying, I'm not making up something, but I believe it is unethical for the mayor, for the Corporation Counsel, to ignore what I'm trying to share. It's not easy for me to let out my heart to the truth of my family, and I just hope you open your eyes and help save what you have, because I don't want to see chaos. That's why I've been throwing myself to the county, throwing myself to the ceded land cases, to let the proper people know that my tutu's will exists and my family exists. And yet, they keep ignoring me. That's all have to say for now, and I pray that what I'm saying don't fall on deaf ears. Thank you. CHAIR: Thank you. William? I can't read can you say your last name? I can't read it here. KUAMO `O: Aloha, my name is William James Mitchell Kuamo `o, Sr. K- U- A- M -O -O. My position here is the same as Albert's. When I went to that gathering by Corporate Counsel, all my statements was totally ignored, not even entered on the documentation made by the second -in- command of our county, corporate lawyer. My position was to speak on land title. Today I'll speak it again. Three original land title was made by and promulgated in 1845. Grants belongs to the 244 chiefs. Royal fee simple patent belongs to all the royal lines, not to be sold. And the lease belongs to the chiefs, maka `ainana, the common workers. I brought a book here, promulgated in 1845. Today it's called the Hawai `i Revised Statute law. It's stated right here. This was made by our grandfather, our great- great - great- grandfather. But because of what was happening in the past and how we were treated by the Corporate Counsel, being ignored, grandpa being ignored himself, this law book has never been used properly, like how the Corporate Counsel used us just to get in there and speak our mind. Nothing was written to this. The only thing they wrote was 1845, received in 1848, by our own tutu. And it said that he granted that work. But nobody brought any paper up. As I said, today we only have three immediate and only template. You are now working on, as Shelley said, fraudulent documentation made after the fact. This book was never been used, was never legalized, and was never owed by your own word. Grandpa had to readjust his movement and take our family and hid them. Many of you went through this. You can even speak to your own family. You ought to to them. Well, I guess you are. I hope you are. I had faced the itself, many years back, but today is title. Royal fee simple patent, page 102. Grants runs by chiefs, 97. And lease, 103. Today all you are holding on is a fraud. None of the county ever looked at us. The second in command, the lawyer I never respect anything he said over there. Thank you. CHAIR: One quick question. You're referring to the meeting with Gerald Takase on KUAMO `O: Correct CHAIR: -- November 5, 2009? Okay, thank you. I STEPHENS: Mr. Dill? We do have a copy of the communication I don't know if you brought a copy of that CHAIR: -­I do. Yeah, I do. Thanks. Keonipaaloa Choy? CHOY: Aloha. These lands in Hdmdkua that we're talking about today what ahupua `as are they? CHAIR: I don't know. CHOY.- Do you know of the lands? CHAIR: No. CHOY: Are they Kapulena, or Koholalele? CHAIR: I don't know. FEMALE VOICE: All of them. CHOY: All of them? Oh, okay. Well, there's different laws that apply to these different lands. The Koholalele is Konahiki land. It belongs to the Konohiki in allodial, and the families, the heirs, or the trustees of the will would have control over that. No one else. The county has no control over any Konohiki land. As for government lands, which would be Kapulena, which was returned from Lunalilo to the government as commutation fees for the lands he kept, like Pepe `ekeo, Kea `au, Honu `apo, all belong to Lunalilo and the trustees and the beneficiaries of that trust. Okay, for the government lands that you're talking about, the minister of interior has charge of those. That would be the lieutenant governor. On approval of the cabinet council, or the privy council and the king, which would be the governor. Now that council would be all of the mayors, which is the governors, the director of health, the chief of police, and the attorney general. All of these people have a say in the disposition of government lands. They also have a say in the disposition of crown lands. The king, which is the governor in this case, has to go to the four mayors, the governor is there, and the attorney general and all these people, and agree with everyone the disposition of these lands any sales, anything. You guys have to start abiding by the laws. These are the laws of the trust. These are express conditions precedent on the trust. These conditions flow with the land, just like the conditions of agriculture. All the conditions flow with the land and you need to be apprised of these things and follow these laws. All of these laws go with the Mahele trust, the lands. This is all part of the Mahele trust, the Pukekakaupa `a [spelling uncertain], 1848, that's when the lands were given out from the king when he divided out his interest from the Konohikis. And from there the Konohikis gave up their one -third portion of the lands to the government, which created the government lands. These government lands are listed in the 1859 civil code. They're also listed in the Mahele book. They're also listed in the index of awards. The indices is an alternate index that 1929 one, there's incorrectness and some inaccurate reporting and some numbers missing and all kinds of things. This book one that brother was talking about, 1845, 7 statute laws, book one. Okay, now, it was enacted. It was passed by the legislature, enacted as law. Now book two here, this is the Statute Laws of Kamehameha IIL This is the second book, volume two, 1847. Here, chapter 1, section 3, states that the measure of all laws here is the Hawaiian constitution and the statute laws. It says, and the proscriptions of the acts entitled, an act to organize an executive ministry, or an act entitled to organize executive departments of this act of the civil code, the criminal code, and the laws and ordinances and the decrees heretofore passed and enacted which have not been repealed by constitutional authority and hereinafter to be enacted, shall be the measure of all judgments and awards. So the conditions that go along with the land is in book one, of the fisheries, of the lands, the disposition of lands, of government, list the for volume one, chapter 4, article 5, of government property. Chapter 6, article 2, disposition of government lands, and then volume 2, that's this other book here, chapter 1, section 3, the principles of the constitution and laws shall be the measure of all J udgments. It also says in there that the judges shall have judicial notice of all vested and acquired rights. That's the rights of the Kanaka. Koe nae o na kuleana o na knaka. Subject to the rights of the native tenant. That's on everybody's title, the king's title, the konohiki's title, and the government's title. All subject to the rights of the native tenant. You cannot get away from that. That condition flows with the land. Also in here, besides the acquired rights, it says that the circuit courts have no jurisdiction to review any decision by the board or commission to quiet land titles. Those land titles, the LCAs, are fixed. You cannot re- review, you cannot change them. That title is locked down, the LCAs and the royal patents. That is the law. You cannot change or alter these things. They're fixed. And those are the judgments to be of this land, the laws of the land. Section 1492 of the 1859 Civil Code states the laws of the land, and these are the laws. There are other books that you need to be apprised of to protect yourselves, because you guys are way illegal right now. And pretty soon it's going to come down to it where you need to be prosecuted for these thefts. I'll end this now. Thank you. CHAIR: Okay, E. K. Mathews? MATHEWS: Ke aloha kakou. My name is Elden Kalaninuiamamau [spelling uncertain] Mathews. I'm here simply I couldn't put it any better than those who've spoken already have. I figured it should be clear to you that there 's so many indications that are contrary to what is happening. I think you need to really take stock of the fact that these lands in question in Hamakua are not for sale. They're not to be sold. One being government holding, the other being Konohiki land. Especially for the Konohiki land, I speak on behalf of my family. I don't believe anyone has the right to take what my personal rights and what I have inherited from me, or from my children, or my great - grandchildren. These lands are not to be sold. The data that supports this you've heard quite well from those who spoke before me. I can only say again, these lands cannot be sold. And for the county to take the position that it's even questionable, I find remarkable. Atone point I'm really surprised by the ill information either you all had been fed, or your ignorance and pardon, I don't mean this as an insult. But I do believe you need to make yourselves full aware of what the lands and the laws are. These laws have been fixed. They're not for you to change, nor our mayor, nor anyone else. These rights are ours. And personally, I think it absurd that any group of people would think to take over what rightfully belongs to someone else. To define theft any other way it's nearly impossible. And with that, that's really the only comment I have to make to you. I hope that you do act ethically, much more ethically than the county and the State have acted in the past. And I thank you for this time. Mahalo a nui loa. CHAIN MarkMcNett? McNETT.• Mr. Chair, this lady was here before me and or slipped after me, so I would be happy to let her go ahead. GOLDEN: You can go. . Thank you. McNETT.• I'll try to speak up so it's picked up by the mic as well as the people able to hear, regardless of their ability to hear or not hear, as the case may be. My name is Mark McNett, a resident of Hilo. And as far as the Hamakua land sales, it at all appearances was an ill - conceived, complete fiasco, not one bidder, although there was great hope held out even on the last day. As someone from New York, it's really sort of gathered that someone such as myself should keep his opinion to himself in capital -H Hawaiian issues, which this is, but it's also your government issue, a county issue. And I really was uninvolved, but watching the county council meetings on TV, and committee meetings, I clearly remember the second testifier at this hearing, this gentleman, saying he preferred to stay out of court and preferred to work with the mayor and the county council. And from what we've heard, that really didn't happen. And the same thing with the mayor. I mean, he's Hawaiian, you know we're very hesitant to venture opinions, even though he is our mayor of Hawaiian [sic] county. Okay, I'll just since I'm really not an expert on that, I'll move on to the item 2010 -05, the May Yh Hawai `i County Council meeting. I'm relatively certain I was in attendance for at least part of the meeting if not most of it, so I just came mainly because of that, to find out if I could pick up any incident details just out of curiosity. And as far as the gifts to the council people and others on their staff, and perhaps others, thank you for closely examining it as well as you can. I mean, one would think that your resources are limited as far as investigating unreported gifts, but I'll just say that I'm aware of the councilperson in district 2, district S, 6, and 9 have received the comprehensive campaign public funding, the pilot program where their entire campaigns are paid for out of the State Campaign Spending Commission funds, and it's totaling around, with one non - incumbent, almost a hundred thousand dollars at this point. There's some very strict constraints on that program, so I you're probably already thinking along those lines as to what may or may not be in order there, in regard to these gifts. And I found the State Campaign Spending Commission to be great to work with, very easy, and they're very interested in any irregularities that may happen with comprehensive campaign public funding. Now as far as the proposed Ethics Code changes, there have been repeated attempts over the years. They have some success, but it's my understanding they've been thwarted as far as any penalty or fine being enacted that could be used. So thank you very much for these several minutes, one and all. CHAIR: Shirley? GOLDEN: My name is Shirley Nalani Nihau Golden. I live the rest of my life and raised in Hamakua coast of Pap `aikou. I know William Kuamoo, it's my family. I my mother has land up in Pepe `ekeo. Her maiden name is Kahana, and I do have land atMaku `u. I M refer that in the I'm hundred percent Hawaiian, and I'm very proud of it. And all these things that going on now in the situation, and I hope that the bill of Akaka will be passed. I read the paper, what's going on, and so it's to do with legislature. And I hope you do pass, that us Hawaiian should have rights to be free with our `aina from our ancestor back. I was raised in a way of respecting of the land, and all my life I'm not from Keaukaha, but they think I'm from Keaukaha, but I have family from Keaukaha. I'm back when the 72 generation of King Kamehameha the Great, ancestor, and very long Hawaiian last name of my ancestors, which I found out cannot really be pronounced, of my great- great- great -great ancestors. I believe that today I'm sitting here. I know Shelley. I been running on the free bus that we have now that can bring people over that cannot afford. That's how I know about being here today. This is my first time as being here, and I been in lot of things like been to, like the Department of Hawaiian Home Land. And I been like 22 places where people live in, and they would be in like, have to be pre -owned kind of homes, have to be removed from their home and I have to buy it, that I refuse to do so. I believe it's wrong for doing that to the people that already was paying their land and cannot continue to pay their property and have to be move out onto the streets to find another place. I refuse of a lot of things that was not right, you know, `cause I already have an `aina, okay, that's in Maku `u. I pay for my land. I believe it's one Hawaiian that the Hawaiians should not be paying for it, `cause it was belongs to our king before then. Since we are one statehood, and we been a statehood from 1959, and before that I know it was a territory. I believe in and stand for the rights of the Hawaiian native, speak up for them, `cause I'm hundred percent. And then I have a lot of family all over in the islands, and so many of them respect me and some don't. I as a Hawaiian being put down, where I live, been called to have me arrested and things like that. Not to have to be afraid of nothing, you know, and I was like don't want have no trouble, things like that, where I'm staying now. `Cause I am with the kupunas. I dance hula. I like to be with them about a year. And with most of them, it's all my relative. They all retired. And I'm very proud to be with the seniors. So I hope that this thing will be for them who have their land to be sold why they have to sell it. I read a lot of things about, you know, what they try to do, but the governor is talking with the mayor. I seen, I read, in the front page of the Tribune - Herald, about the land has been for some kind of things and people rumors, you know, come into my ears, telling me things. But I have to read. I don't know if the newspaper is true, okay. It can be like they spending a lot of money going off and things like that, you know, the mayor. I read about the mayor, going away, spending and things like that. I don't know if people read the paper or watch the news, but it's what it's therefor. They're very short of money, and then the state have to work three days without pay. I really like a lot of things that happened like that. But native Hawaiian, we never had all those kind of problem. So now is it because people is like greedy for money? Wants money so as to sell the land. As what I look for, you know. As what I look at what they doing now in life, in life now. Okay. And I say if they doesn't like too much like spending too much, try to like budget or something like that, maybe we'll . And a longtime I watched television on Discovery. They had this old money that they burned. If they never burn all this old money, they could have used it, see? I know it's a true fact. Everything is all true. Coming here, as my first time speaking here, to all the people here and people that I know and people that I don't know and people who know me, you know, I hope that the lands will be like, you know, like be used in a way that people really need it. For one thing, we had homeless people. They have no place. Why don't the mayor 10 build something for them, so they won't do all kind of like criminal kind of things? Okay? Meaning, raising funds or something kind of thing, so then they can have a place to go and stay and not get and be arrested on the streets or doing crimes. Bad crimes. I see it myself. I live in the heart of town, now, and because of my children kind of thing, , when to practice my hula and go and dance for the care home all over the place Igo —and I love to do that with the kupunas, you know, and driving with them. So I'm 62. I don't look like it. I'm a very happy person. I don't , `cause when I die, I no can take nothing with me. Everybody cannot do that. It's by the power of God, heals everything that He made. That's what I believe, okay? And I still going on `cause they make me leave. I wake up this morning, and I say thank you, Lord, for the day when my eye when open. I see today, and anything can happen tome. It's so with everyone. So the land belongs to God. Everything belongs to Him, `cause he makes everything. I'm very thankful for that, `cause I read my scriptures, I know what it say. What we do on earth, in Revelation, is written on the Book of Life. It's found in Revelation chapter 20, and if you read that, it shows you that, in St. James version. So that's all I have to say. Praise the Lord, He bless all you here. We all make a good agreement, you know, and I hope the bill, the bill Akaka, will be passed. CHAIR: Thank you. GOLDEN: For the Hawaiians. CHAIR: Gene Tamashiro? TAMASHIRO: Good morning. CHAIR and L UM: Good morning. TAMASHIRO: I'm Gene Tamashiro. My grandparents are from Okinawa. My family's been here over a hundred years. I grew upon Oahu and got pretty tired of the rat race that is enveloping the United States right now, so I completed the cycle and returned back to the roots where my mom and dad were also born, hereon the Big Island. The ongoing cognitive dissonance that is occurring for all of us is not something that you should wrestle with just alone in your private time with your family or all by yourself in your bed as you go to sleep. It is common knowledge right now that this land was stolen, that this was a country that had 80 embassies all across the world. And it's very frustrating, as you probably would know if you were sitting in our shoes, and maybe one day you will be, to go time and time again to official hearings where people who are working for the occupier's government are conducting themselves professionally yet, in my view, without heart and without integrity. And irregardless of what you do and say amongst your professional selves, I encourage you as a child of God, which we all are, to take it upon yourself and ask your Creator what shall I do in this situation? I work for whether as a volunteer or as a paid employee for a government that has, through no fault of your own, taken land, taken culture, committed genocide, and continues to commit genocide across the planet today. I'm not making this up. If you have intellectual honesty, you know in your heart. It pains your heart, like it does all of us here. So I just want to ask any of you to give us in the community some glimmer of hope, that there is some integrity and courage. I know the system worldwide has been co -opted by ultimately international 11 bankers that now rule the congress, have positioned puppet presidents and puppet state governments to carry on this unbelievable crime. But the time for those people that love God, for those people that have a sense that there is something greater than our job, than our policy, something greater that's going to unite human beings and transcend us so we don't keep going down the spiral of lies and destruction. We are your friends, we are your family. We're all one family. We 're just looking for somebody in the government capacity to say, you know what, I believe you. This is true. This is right. But it takes courage, because the whole infrastructure is set up for lies. And I bless you all. You're meant, as we all are meant we woke up this morning and God gave us anew day to decide how we're going to live our life from now on. You have that golden opportunity. We have that golden opportunity here, on the Big Island. Not so much chance on Oahu anymore. But we have a real `ohana, several tribes but it is a community on this island, regardless irregardless of race and color and ethnic cultural backgrounds. There is aloha here, but we must take the steps small steps at first but give us a sign, for Christ's sake, for God's sake, for Akua's sake. Give us a sign that you're hearing and that you stand with us. Thank you. CHAIR: Thankyou. Any other statements from the public before we move on? Thank you all for taking the time STEPHENS: - -Can I make one CHAIR: Sure. STEPHENS: My name is Shelley Stephens, Maka `ala Nakoa. I testified before. I'm the adopted daughter of Arthur Mahi, Aka Mahi, who's related to Shirley Mahi here. He apologizes for not being able to come here today, but he wanted to convey that he, too, hopes that you will do the right thing, the ethical thing, and to look at the issue of the Hawaiian, the Kanaka, and their survival and to work out something to where you actually comply with the law, and that he's asking that you really look at the law and the Ten Commandments and see where that falls for the mayor and even for the county council members. My comment I wanted to make is for Emily Councilwoman Emily Naeole that I personally, so far as this ethics petition, I am not charging her with possession of stolen property, because she is a Hawaiian. It is more that she is being charged with conduct related to apathy, that she has given up hope. And that also the mayor, that I myself as an American citizen, I have to apologize to the mayor and to the Hawaiians that they have become so westernized that they are even doing this crime to themselves. And that is our fault. And as a United States citizen, that we must uphold our trust and our responsibility and make sure that we do the moral, ethic thing for the survival of the Kanaka, our host culture. Thank you. Aloha. CHAIR: Okay, moving on to the agenda, approval of minutes. 3. APPROVAL OF MINUTES Minutes of the March 10, 2010, Regular Session. 12 Ms. Lum questioned whether they could vote on approval of the March minutes, as two members who had been on the Board at that time had since left the Board due to expiration of their terms, and newest member Arne Henricks had not been at the March meeting. Ms. Schoen said she had researched the matter and determined that unless there were corrections to be made, the Board could approve the minutes. In addition, minutes requiring no correction did not actually require a motion to approve them. Motion and vote: Ms. Lum moved to accept and file the March 10, 2010, Regular Session minutes. Mr. Henricks seconded the motion, and all members voted aye. Minutes of the April 14, 2010, Regular Session. Motion and vote: Ms. Lum moved to approve the minutes, Mr. Henricks seconded the motion, and all members voted aye. 4. NEW BUSINESS a. Counsel's Report Regarding Matters and /or Inquiries Received by the Board, including: 1) Communication No. 2010 -052 regarding sale of Hamakua lands. LUM: Okay, and that is a communication rather than an actual petition? CHAIR: Right. SCHOEN: Yes. We had this Board had earlier approved the procedure whereby whenever we receive communications or inquiries by the Board, that we would have the Board would do an initial review of the matter unless it was complied specifically with the Hawai `i County Code and our rules. And so this morning what the Board is tasked to do is to determine whether or not this Board has jurisdiction over the matter asserted in the communication, whether or not this Board needs more information, or whether or not it will not hear the matter and dismiss it. CHAIR: Okay. L UM: Well, I have found all of this extremely interesting and educational, and heart- breaking at times. We as a Board are tasked to interpret our Code of Ethics, and the only things that we are able to act on in our capacity not as human beings and not as personal people, but as members of this Board are things that are in our Code. And it's my thinking that the section referred to, Section 2 -85.1 about contracts this is not that kind of contract, that that when it's 2 -85.1, it also includes the parts before it. And these are contracts with it's my understanding they refer to contracts made by the county that, for goods and services contracted with another officer in the county. And this of course is the county is trying to contract, although it's still unsuccessfully, with outside parties. I don't see where we have any authority to act. How about you? 13 HENRICKS: I think the problem with this coming before us I'm not talking about the land problem itself I'm talking about us, here, all right. What you've done is you've come up before us and said, make a determination as to whether that land was stolen or not, because we would have to make that determination before we could make this next step, you see. The only problem is, we can't make a determination of whether the land was stolen, because what we do is we're here because the county wrote a Code of Ethics. Okay, you use the word ethics all the time in your petition and stuff, but you use the broad sense of the word ethics. You're talking about morality in general, over the whole population, over the whole world. We're talking about the Code of Ethics that was given to us, that made us exist, and it's very, very narrow. It's very, very enumerated. And it's not in there. So what I'm saying is we can't make a determination on we can't resolve land issues here. We don't even have the ability to do that. It's almost like asking us, here I sat on the bench previously it's almost like asking us here that I got a robbery case, but you took it to a small claims court. We don't have the chance to even listen to the robbery case because we don't have the ability to listen. And I think that's all we're saying. We don't make a determination over right or wrong here, or whether you're- KUAMOO: - -I got one thing to say. We came hereto bring one issue hereon the mayor. That's all we talking about. HENRICKS: All right. KUAMOO: We're not talking about lands, selling, or what you're talking about HENRICKS: - -But her petition particularly says that we'd have to find the mayor knowingly sold stolen land. And that would have to be working with the land being stolen KUAMOO: - -That is the reason why we brought this here. HENRICKS: But we can't make that determination, whether the land is stolen or not KUAMOO: - -Your attitude is full of shit HENRICKS: - -I'm not saying it is or not. I'm not even getting that far -- CHAIR: --Hold on, hold on HENRICKS: - -I'm just saying we can't make that determination. CHAIR: Okay, hold on, hold on. First of all, let me make it clear that we all on this Board are private citizens. We don't work for the mayor, we don't work for the county. We volunteer our time and services because we have aloha for our community. We're all very busy people but we want to make sure that we all live in a place that has integrity, and we hope that we are part of a county that can be looked upon as being ethical. What the vice chair stated was that we are strictly guided by the Hawai `i County Code of 14 Ethics, which is passed out to each employee and elected officer. What we're reviewing is a communication from Ms. Stephens regarding the sale of the Hamakua lands, okay, and whether or not it violates the handbook and the Code of Ethics. In her letter to us, we're trying to decide whether or not this petition falls under our jurisdiction. We ask in our petition's application that the petitioner spell out the sections of that Code that they feel are being violated. Ms. Stephens listed a few sections of this Code, the closest of which I could find is Section 2 -81 ah, 2 -85.1, which talks about the county entering into contracts and a third party being damaged by that entering into a contract. Okay, we can there's no denying that there's definitely issues clouding this whole Hamakua land deal, but we are we are tasked to enforce the Code alone. And that's what we're trying to do. We're not saying any party is right or wrong here, we're just trying to see ifMs. Stephens petition has merit under this Board's jurisdiction. That's all. STEPHENS: Mr. Dill, is it possible for me to comment? CHAIR: Yes, go ahead, Ms. Stephens. STEPHENS: One of the main reasons that we filed the petition is because we were actually told that we could have the mayor arrested. That certified copy that I passed around we were instructed by the police to get a certified copy, and that anybody in possession of this stolen property who sells it could actually be arrested. And the reason that we have not done so is because we wanted to bring forth the ethical and unethical issues surrounding this land sale, and that we're stating that if Title Guaranty is not going to give you the proper title report it is a contract of an independent source, that is true, but the money that is being paid and the contract between Resolution 216, the Department of Finance, the mayor, and the deputy director, there is an agreement within there concerning this Hamakua land sale. And because Title Guaranty has not been made to give a proper title report, that's why you're having a hard time to decide right now, is this actually stolen, because Title Guaranty has not put that in their report about the altered document, that two police officers, one sheriff, and Consumer Protection Agency, Criminal Investigative Branch, has said this is a criminal act. So we're asking that the mayor act ethically. So inside of the Ethics Code, there is harm to a third party. That is all the interest of Naukana. That is the native Hawaiian tenant. That is the third party being harmed. CHAIR: Okay, Ms. Stephens. Again, we cannot rule on criminal procedures and proceedings. You said you had some kind of communication from police officers and a sheriff, or something like that? STEPHENS: Yes, there were two police officers that we showed that altered document to before we had it certified. There was a miscellaneous police bulletin filed at the County Council meeting, in front of all County Council members. CHAIR: That was my next question. I thought that Title Guaranty had, and I think Corp Counsel, had provided a report to the County Council regarding the title search on this? STEPHENS: Yes, sir 15 CHAIR: --And there were public hearings STEPHENS: - -Yes, sir, and bless her heart, Brenda Ford did insist upon a meeting with Title Guaranty, Corporate Counsel, and Na Ohana. And what pursued was that when we actually showed her the document, we asked her, will you red flag this for the mayor, and she turned her head and absolutely refused. And she still denies that that altered document even came from her files, which is very suspicious. And we also have on file that Title Guaranty was found after hours manipulating Mahele documents, according to a DLNR, Peter Young, court case. So we actually have testimony that Title Guaranty has been acting outside of the law and is not doing a proper title report. CHAIR: Well, if there are if you guys feel that there are laws being violated, I strongly suggest you take the approach from a criminal standpoint rather than somebody that actually has jurisdiction and a little more teeth than we do. STEPHENS: Well, is it possible, because of the issue of ethics I mean, even, as you've seen on this altered document, God's name is crossed out. And so is it possible for the Ethics Board to at least write some sort of letter of recommendation to avoid unethical procedures within the county and the mayor, that they insist that there is a proper title report that does reflect the inception of title and the criminal act? We're asking for the truth in the matter, and we're asking that it reflect so that it doesn't reflect poorly on the mayor, which it is right now because they're telling him the title is free and clear. They're not even mentioning the criminal act. And as I mentioned, the two sheriffs the one sheriff and two police officers all said it was a criminal act. Consumer Protection Agency is basically saying they would have to refer it to their Criminal Investigative Branch under real estate. CHAIR: Do you have documentation for those comments STEPHENS: - -Yes, I do. I have names of officers and the miscellaneous police bulletin report. CHAIR: That's why I'm saying, if you have that kind of evidence and those kind of opinions from police officers and law enforcement agencies, then I think the best route to go would be to pursue those. STEPHENS: But my question is, is it possible--just hearing our testimony, so far as hinging on unethical behavior and setting an unethical example to every citizen in the County of Hawai `i -- that the Ethics Board actually make some sort of recommendation that the mayor avoids an unethical sale of Hdmdkua land based on the fact that the title officer, Colleen Uahinui, is not giving a proper title report? County of Hawai `i has jurisdiction to make them give a proper report. Right now they're saying that they don't have jurisdiction over Title Guaranty, but actually the county does have jurisdiction over Title Guaranty they're paying them to do a job. CHAIR: Well, to answer your question, we could provide an opinion. That's why we're trying to decide if this petition falls under our jurisdiction. And it really doesn't look as if it does. If it did, we could provide an opinion as if hold on, let me explain. 16 STEPHENS: Okay. CHAIR: We could provide an opinion that says that the mayor or the county is in violation, or the people that you listed on your petition, council members and whatnot, are in violation of the Ethics Code. But that and a buck will get you on the bus. That's all it it stops there. Hearing testimony from everybody today, my impression is, again, that there's a lot clouding this issue, number one. Number two, I do hold the opinion that the county could be doing a much better effort in working with your group and holding Title Guaranty responsible in providing a better product and a better report, a more accurate report, to you guys. There's no doubt about that. STEPHENS: And to the mayor. CHAIR: However, that's my opinion. However, I don't see how it falls into a violation of the Ethics Code. STEPHENS: Can I ask you a question? What is the Ethics Code for? As far as I understood, from reading as much as I could about every single document I could get my hand about the ethics what does the term ethical behavior mean? I mean, so far as any officers of the county, what does I just wanted to ask this question in the light of the law and stolen property, and even the apology bill or Statehood Admission Act what is the ethical CHAIR: The Ethics Code is designed to regulate the standards of conduct for all officers, employees, and elected officials of the county. And that's what this Board is set up, is to enforce the County Code of Ethics that the County Council enacts and puts into law. STEPHENS: And the Code of Ethics and the standard of conduct means that basically that they have to comply with the law, as we all are so far as what the police are saying about stolen property. Title Guaranty, even though they're not reflecting it, we're stating that there is unethical parameters existing within this Hamakua land sale. So where is it that we're supposed to find relief so far as unethical behavior that's being ensued through Title Guaranty, the county, the mayor, and members voting to sell the Hamakua land, and even the fact that they held the Hamakua auction after we filed the petition. I don't understand that, either. That auction should have never happened, because we had a pending petition. SCHOEN: Ms. Stephens, if I may interject. I think what the Board is saying is that upon review of the documents you submitted and the arguments you've presented, that the Board does not have jurisdiction over the claims that you're making, and that you may find relief in another venue, but they are MALE VOICE: -- You're passing the buck SCHOEN: --But they're not in a position to provide you with legal advice as to where you should go. 17 STEPHENS: So you're saying the Ethics Board is commending the actions of Title Guaranty and the mayor, that everything we've said today is that everything's fine, everything's ethical, and that there is no violation of any standard of conduct by any member of the county? SCHOEN: What I think the Board is saying is that they do not have jurisdiction over the claims that you are making STEPHENS: - -Is there any SCHOEN: - -and that has been presented and made clear, that we don't have jurisdiction STEPHENS: - -Is there any section within, of your knowledge about the Code of Ethics, is there any section within there that I have missed that would actually apply to this issue under standard of conduct? SCHOEN: You would have to ask the Board that question, and they may or may not answer that question. They're not here to answer your questions, they're here to review whether or not there has been a violation and whether they have jurisdiction over your petition. STEPHENS: - -Well, basically that is a real question that I have to ask you. Is that upon hearing our testimony, upon having knowledge, seeing the actual certified document, the altered document criminal act, knowing what I'm telling you and other people are telling you about Title Guaranty is there anything within the Ethics Code that applies to this issue that we can find relief for ethical behavior in the county? CHAIR: Like I said, it seems to me as if these documents that you have here, and all of you are saying these are really criminal acts that you're accusing the county of partaking of, okay if these lands are determined to be stolen property as you say, and the proper documentation and the court rules these lands as stolen, and the county does continue to go through the process of selling them, then I think that we'd be looking at a clear case of ethical violations STEPHENS: - -of ethical violations CHAIR: - -But we're not at that point yet. That's why I'm encouraging you to pursue more STEPHENS: - -Well, we basically are at that point right now, because they did try to sell it. And we could have had the mayor arrested right then, according to the police. So the violation has already occurred. UM But we are not in a position to make a legal decision as to these things that have been discussed this morning CHAIR: -- whether or not there are actually L UM: - -There must be another side. I mean the county, different STEPHENS: - -Well, it's the Title Guaranty L UM: - -the County Council has determined that, so there's a couple of sides. But we are not legal we have been tasked actually by the council, by the mayor and the council, to interpret the behavior I've been trying to think about if some of this could fit into what we're doing, but until the way I'm personally looking at it, until there's a legal determination if these people are in the wrong I mean, all of your opinions are that all this is in the wrong. They're still opinions to us. STEPHENS: Okay, the fact remains is Title Guaranty has not given you the proper report, and that's the key issue LUM: --But they don't give it to us, they don't give it to us, the Board ofEthics. STEPHENS: Right, right. L UM.• We 're us is all, us is all of us, we 're all CHAIR: --Ms. Stephens, we do as a Board, when we are petitioned, we do go out of our way to try and find look at your point of view and find wherein the Code it would be a violation. Obviously, we know the Code better than you do. STEPHENS: Right. CHAIR: And you listed down several sections in the Code, and the closest of which we could find is that 2 -85.1, but it's still questionable whether or not it applies here. LUM: And in that interpretation, where it's a STEPHENS: --'Cause there are contracts UM -- interests of parties who may be damaged, that third party is referring back to if the contract is cancelled. That's my interpretation of this reading. So even that is I'm not even sure this fits in under that. I just think you're way, way past as Arne said, there is the overall whole ethics of the world, that greater ethics which you are talking about, and then our little tiny board here that is interpreting this 5, 6, 7, 8 pages of the Ethics Code. STEPHENS: Well, is it UM - -You can't, we can 't TAMASHIRO: What are you so afraid of? 19 LCM.• I'm not afraid of anything of that. TAMASHIRO: Come on CHAIR: --Hold on, hold on here, you're out of order, all right. STEPHENS: Okay UM - -Your accusations here -- TAMASHIRO: Can I speak with you? LCM.• Wait a minute, wait. I'm the one being here. CHAIR: No, not until we ask you something. STEPHENS: Okay, one at a time. L UM.• We can't do something that if I go to you and I say listen, would you I have no idea what you do, but would you please do the engineering on my house? Well why, what are you afraid of? You see, here's -- CHAIR: --Mr. Tamashiro, we'll ask you a question when we need you to speak, okay? Hold on. L UM.• We're tasked to do a job, the job here TAMASHIRO: - -But you folks are serving the community UM --We're trying really hard TAMASHIRO: - -as you mentioned earlier, Mr. Dill. And if you want to serve the community, you have to show us that you have the integrity to serve the community. CHAIR: Okay, we also have rules TAMASHIRO: - -Why don't we work together? CHAIR: Okay, can you sit down, please? TAMASHIRO: No, why don'tyou answer my question? CHAIR: And if you can't sit down, can you leave then, please? STEPHENS: Okay. TAMASHIRO: And that's serving the community, Mr. Dill? 20 DILL: No, it's being respectful to this Board. We're trying to get a job done -- TAMASHIRO: --Being respectful DILL: - -You know, you can't even let me finish a bloody sentence. Can you leave, please? STEPHENS: Okay, okay. DILL: Thank you. TAMASHIRO: What's wrong? Finish your sentence. DILL: Can you leave, please? I finished it. TAMASHIRO: No, I'm going to sit. STEPHENS: Okay, he'll be fine. HENRICKS: I think if it's going to get contentious I think we have to cut it off, that's all CHAIR: Yeah, you know I mean, we're all adults here. Why don't we act like adults? We have -- STEPHENS: - -Okay CHAIR: --Hold on, Arne STEPHENS: - -Yeah, we want to make sure we come to some sort of solution or remedy or something positive L UM• - -I move that we have a five- minute recess. CHAIR: Okay. STEPHENS: Okay. LCM• Bathroom break. CHAIR: I'll second that. LCM• All in favor, aye. CHAIR: Thank you. STEPHENS: Okay, thank you. 21 The Board recessed from 11:23 a.m. to 11:30 a.m. CHAIR: Okay, I'd like to call this meeting back into order from the recess and just remind everybody to please speak when addressed by the Board and not out of turn. Again, we're discussing Communication 2010 -052 regarding sale of Hdmdkua lands. UM Okay, I have a motion. We've had a lot of discussion on this. I'm ready to make a motion. I move that we accept and file Communication No. 2010 -052 regarding sale of Hdmdkua lands because wait a minute. I move we accept and file this communication without action, as we do not have jurisdiction. HENRICKS: I second the motion. CHAIR: Okay, all in favor? L UM: Aye. HENRICKS, and CHAIR (simultaneously): Aye. CHAIR: Ms. Stephens, I want to thank you for submitting this and bringing this to our attention, and I really sincerely hope that you find some recourse in this and success in the title search and getting clarification on it. STEPHENS: And I just wanted to ask one last question. Is it possible for you to write a letter recommending to the mayor that they make Title Guaranty reflect the criminal act of the altered document? CHAIR: We can't make them do anything, unfortunately. STEPHENS: But I mean, is it possible to just write a letter of recommendation to avoid further unethical behavior by the county? CHAIR: No, but we can send them the minutes and the testimony from today, and I think it's pretty much made clear STEPHENS: - -Yes CHAIR: - -that that's what's STEPHENS: -- That's what needs to happen. And I have informed the Corporate Counsel concerning Title Guaranty's inadequate report and the criminal acts, so thank you very much. CHAIR: Okay, thank you, Ms. Stephens. L UM.• Thank you all. 22 CHAIR: Moving on to Communication No. 2010 -053 dated May 26, 2010, regarding officer or employee behavior at County Council meeting held on May 5, 2010. 2) Communication No. 2010 -053 dated May 26, 2010, regarding officer or employee behavior at County Council meeting held on May 5, 2010. Ms. Schoen explained that her office had received the communication via email on May 26, 2010. She had responded to the sender via email about filing a formal petition and providing contact information so she could follow up. The sender never responded to her. She therefore was presenting the communication to the Board for further instruction /action. The Chair said that since it was addressed to him and the other members, he would recommend that as Chair he respond to the sender and suggest the proper protocol in filing a formal petition. If there was no response, they could just accept and file away his communication. Ms. Schoen stated that since the Board's practice was to not publicize the names of petitioners and respondents until an open meeting, and since they did not know whether the sender wanted an open or closed meeting, she suggested the names of the sender and officer involved remain confidential until the Board decides further. The Board agreed. Motion and vote: Ms. Lum moved to accept and file Communication No. 2010 -053, Mr. Henricks seconded the motion, and all members voted aye. b. Review of Gifts Disclosure Statements. The Board reviewed the nine disclosure statements listed on the agenda. Ms. Schoen reminded them that the Code requires any gifts valued singly or in the aggregate in excess of $100 to be reported. Motion and vote: Mr. Henricks moved to accept and file the disclosures, Ms. Lum seconded the motion, and all members voted aye. 5. UNFINISHED BUSINESS a. Counsel's report on the status of proposed changes to the Ethics Code. Ms. Schoen reported that the Mayor's proposed amendments have not been agendized yet before the full Council. She would report back when that happened. Nothing has happened since the last meeting, probably because of all the budget matters. Motion and vote: Ms. Lum moved to go into Executive Session to review the Executive Session minutes and confidential financial disclosures. Mr. Henricks seconded the motion, and all members voted aye. 23 The members of the public still in attendance were asked to leave until Regular Session resumed. The Board left Regular Session to enter into Executive Session at 11:50 a.m. The Board returned to Regular Session at 12:18 p.m. 6. VOTING ON EXECUTIVE SESSION MATTERS a. Approval of the minutes of the March 10, 2010, Executive Session. Motion and vote: Ms. Lum moved to accept and file the minutes, Mr. Henricks seconded the motion, and all members voted aye. b. Approval of the minutes of the April 14, 2010, Executive Session. Motion and vote: Ms. Lum moved to accept and file the minutes, Mr. Henricks seconded the motion, and all members voted aye. C. 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 the confidential disclosures, the Board had found all acceptable except for Nos. 6, 20, 23, 28, and 42. Motion and vote: Ms. Lum moved to accept and file all the other disclosures. Mr. Henricks seconded the motion, and all members voted aye. The Chair stated that for the record, Shelly Stephens handed to him, right after they left Regular Session, a document entitled "Hamakua Ethics Petition filed by Na Ohana" and asked that it be added to the records on her petition. Ms. Lum stated for the record that they had been handed documents on the status of financial disclosures required to be submitted, which had been item d for discussion on their Executive Session agenda. These documents would need to be reviewed at their next meeting. 7. ANNOUNCEMENTS The Chair announced that the next meeting was scheduled for August 11, 2010, at 10:00 a.m. at the Hilo Lagoon Centre's Conference Room in Suite 145. Ms. Schoen announced that two people had been nominated to serve on the Board, and they should be appearing before Council within the next few weeks. 24 8. ADJOURNMENT Motion and vote: Ms. Lum moved to adjourn, Mr. Henricks seconded the motion, and all members present voted aye. The meeting adjourned at 12:23 p.m. Respectfully submitted: 1rlery saoo, saae�r 25