2007-03-09 Investigation Into Alleged Sunshine Law Violations

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+�:`>°` Lincoln S.T. Ashida Harry Kim Corporation Counsel ��'I'''4% Mayor Gerald Takase Assistant Corporation ''�o:'N•+' Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo,Hawaii 96720-4262 • (808)961-8251 • Fax(808)961-8622 March 9, 2007 Sent via email; no hard copy will follow Honorable Leslie H. Kondo Executive Director, Office of Information Practices State of Hawaii 250 S. Hotel St., #107 Honolulu, HI 96813-2831 Dear Mr. Kondo: RE: Investigation into alleged Sunshine Law violations Our Entry No.: WRK 07-14278 The purpose of this letter is to advise the State of Hawaii Office of Information Practices of the findings and recommendations of a sua sponte investigation conducted by the County of Hawaii Office of the Corporation Counsel into alleged violations of the State Sunshine Law' by three sitting Hawaii County Council members. We ask you review our findings and determine whether they are reasonable, and whether the Office of Information Practices would reach the same conclusion based on the facts presented. Although no formal complaint was filed with the Office of Information Practices (OIP) or our office, in the interest of correcting misimpressions circulated in our local media, and to properly address an innuendo of wrongdoing on the part of the Hawaii County Council and its members, this investigation was initiated by our office. Background At the meeting of the Hawaii County Council held on February 22, 2007, it was widely reported in the local media that four Council members, Stacy Higa, Donald Ikeda, Emily Nae'ole and J Yoshimoto, were absent when a vote was taken on Bill 51, relating to the funding of the East Hawaii Reload Facility. This bill required six affirmative votes, pursuant to Article X, Section 10-6(d) of the Chapter 92, Hawaii Revised Statutes, as amended. Hawaii County is an Equal Opportunity Employer and Provider