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HomeMy WebLinkAbout2007-03-09 Investigation Into Alleged Sunshine Law Violations +�:`>°` 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 Honorable Leslie H. Kondo March 9, 2007 Page 2 Hawai'i County Charter (2000). A copy of the West Hawaii Today article relative to this matter is enclosed.2 On February 23, 2007, Council Members Higa, Nae'ole and Yoshimoto met with a reporter from the Hawaii Tribune-Herald to explain their early departure from the February 22 meeting (article enclosed). This meeting was videotaped, but due to the poor audio quality, many portions of the interview are not discernable. This office subsequently contacted the Hawaii Tribune-Herald reporter and obtained information from him concerning his recollection of items discussed during this interview. The vast majority of discussion during this interview focused on the present leadership of the Council. On Monday, February 26, 2007, Council Members Higa, Nae'ole and Yoshimoto participated in a radio interview with Ken Hupp of radio station KPUA/KWXX. An audio CD recording of this program was obtained by our office and carefully reviewed. Again, the vast majority of discussion focused on Council leadership issues. There was brief mention of the aforementioned Bill 51, but that discussion was limited to (1) a statement by Council Member Higa that there was no guarantee the bill would have passed had there been at least six Council members present to vote on the bill, and (2) a statement by Council Member Nae'ole that the contractor who allegedly stated that the contract price would increase should be released from working with the County on this project. In fact, when the interviewer sought additional information by asking a more fact- specific question, Council Member Higa interjected that they could not discuss the merits of the bill, since it remained under active deliberation by the Council, and that such discussion would violate the Sunshine Law. On Tuesday, February 27, 2007, Council Members Higa, Nae'ole and Yoshimoto participated in a radio interview with "Mynah Bird" of radio station KHBC. No audio recording of this program was made by the radio station. When interviewed by the West Hawaii Today (article enclosed) concerning possible Sunshine Law violations, our office invited any member of the public who had recorded the show or had information concerning what was said to contact our office. We have received no calls from anyone offering pertinent factual information. We reviewed an unofficial report of what was discussed during this radio interview (enclosed is a blog3 entry found on the internet), and considered this information in the light least favorable to the Council members, since the author indicated he/she believed there was a Sunshine Law violation. Council Members Higa, Nae'ole and Yoshimoto were contacted by our office and advised of this investigation. Each Council member separately and 2 We note during the reading of other bills on February 22, 2007,when the four aforementioned Council members were absent, the Clerk noted them on the record as "excused." 3'Slog" is short for"Weblog,"and is defined by Merriam-Webster as"a Web site that contains an online personal journal with reflections, comments, and often hyperlinks provided by the writer." Honorable Leslie H. Kondo March 9, 2007 Page 3 promptly replied to our request to provide information concerning their recollection of what was discussed with the media. Council Member Higa stressed his intent was to "set the record straight" about the February 23, 2007 West Hawaii Today article. He indicated they "answered questions on what was portrayed in the newspapers, and made sure we did not discuss how we would vote or detailed information about any pending county business." Council Member Higa further noted, "I will state that Mynah Bird asked a question regarding Mr. (Council Member Dominic) Yagong's attack on Mr. (Council Member Donald) Ikeda, and asked if it had anything to do with Mr. Ikeda's resolution about 'fiscal prudence' in building the West Hawaii Civic Center. I did state that I will comment on Mr. Ikeda's resolution because it was voted down at the last council meeting."4 Council Member Yoshimoto indicated "Nothing was discussed that (came) under the definition of board business. I did speak to the allegation that my absence from a portion of the subject council meeting which was described by the Hawaii Tribune-Herald as 'unexplained' as completely false. However, my discussion (or my absence) was not board business and was my effort to bring out the truth that I was excused and the chair knew that I would leave the council meeting early to attend another meeting in Kea'au." Council Member Nae'ole indicated her intent was not to violate the Sunshine Law, but to set the record straight on the issue of her early departure from the February 22, 2007 Council meeting. As we understand it, the Office of Information Practices (OIP) received an anonymous inquiry from a caller raising concerns about potential State Sunshine Law violations. However, no formal written complaint was filed with OR Thus, no investigation by the OIP has ensued. In an effort to address these concerns for the benefit of the public and the Council members involved, our office initiated an investigation into these allegations. As discussed with the OIP, our primary objective was, in the event any violation occurred, (1) to supplement the record of the item of Council business so as to protect the public's right to participate and know, and (2) to provide education and guidance to the Council members so as to avoid any future violations. We conclude that much of the concern raised in the media reports and elsewhere concerning possible violations of the Sunshine Law were the product of a general misunderstanding of what is permitted under the law, with respect to ° Resolution 46-07, seeking to encourage the Administration to construct the necessary components of the West Hawaii Civic Center in a fiscally prudent manner, was defeated (this was the second and final reading), and is not expected to return to the Council for official action. Honorable Leslie H. Kondo March 9, 2007 Page 4 (1) discussion of leadership issues of the Council, and (2) the permitted discussion of County issues, so long as the discussion did not involve specific matters of"board business." Based on the foregoing, we have made the following factual and legal findings: Factual Findings 1. The Hawai'i County Council is a "board" as defined by Section 92-2, Hawaii Revised Statutes, as amended (HRS), and its members are subject to the Sunshine Law. 2. HRS Section 92-2.5(c) provides that "Discussions between two or more members of a board, but less than the number of members which would constitute a quorum for the board, concerning the selection of the board's officers may be conducted in private without limitation or subsequent reporting." 3. The vast majority of discussion held on February 23, 26, and 27 concerned the present leadership of the Council, and such unnoticed and non-agendized discussion is permitted by the Sunshine Law. 4. The Sunshine Law does not prohibit Council members from discussing items of County interest in general terms, as it only prohibits more than two members from discussing items of"board business',5 outside of a properly noticed meeting. 5. There was no discussion of"board business" during the February 23, 26, and 27 interviews with Council Members Higa, Nae'ole and Yoshimoto. 6. The discussion concerning Bill 51 was limited to a general statement by Council Member Higa that there was no guarantee the bill would have passed had there been six or more Council members present to vote on it, and a general statement by Council Member Nae'ole that the contractor should be changed.s 7. In the blog entry of February 27, 2007, the author alleges that "They all complained that the Mayor knew about the trash issue and the additional cost of$180K 90 days ago, and did not bring it up until the last minute. It's all the Mayor's fault, not theirs for leaving early." This discussion, assuming it did occur, did not constitute "board business," 5"Board business"or"official business" has been defined by the OIP as"'matter(s)over which...(a) board has supervision, control,jurisdiction, or advisory power.' Such matters are those that are before a board or are reasonably expected to come before a board." OIP Opinion Letter No. 04-01 (January 13, 2004). 6 The contract between the County and the contractor is negotiated and executed by the Mayor, and not the Council. Thus, the Council has no"supervision, control,jurisdiction, or advisory power"over the decision concerning the selection of a contractor. Thus, it is not a matter of "board business." Honorable Leslie H. Kondo March 9, 2007 Page 5 since it did not reveal any discussion as to the substantive merits of Bill 51, or indicate how any of the members would vote when the bill is considered by the Council in the future. Legal Findings 1. Council Members Higa, Nae'ole and Yoshimoto did not violate the Sunshine Law during the subject interviews on February 23, 26, and 27, 2007. 2. All discussion occurring at the February 23, 26, and 27 interviews were either (1) a permitted interaction of board members [HRS Section 92- 2,5(c)], or (2) discussion of items that did not constitute "board business" as defined by the OIP (Opinion Letter No. 04-01). We respectfully ask the OIP to determine whether the above findings are reasonable, and whether the OIP would reach the same conclusions, based on the facts presented. Copies of this letter are forwarded to the Hawaii County Council and the County Clerk for their information. Please contact me if further information is required. Very truly yours, io—� LINCOLN S. T. ASHIDA Corporation Counsel Encls. c: Council Members (w/ encls.) Honorable Casey Jarman, County Clerk (w/ encls.) S: Departments/Council/Corresp./Letter to OIP re Sunshine 3-6-07/LSAmr Printer Friendly :: Page 1 of 2 f West st Haw. I i•. '"Oda I♦ Print Page INews from the Big Island -t East side members exit costs taxpayers $186,000 by Jim Quirk West Hawaii Today jquirk @westhawaiitoday.com Friday, February 23, 2007 9:19 AM HST What appeared to be a political game orchestrated by the Hawaii County Council minority during Thursday's regular meeting has apparently cost Big Island taxpayers$186,000. Despite having a full slate of agenda items, many of which were bills that required two-thirds of favorable votes from the nine-member council to pass,four council members, including Puna's Emily Naeole and Hilo's J.Yoshimoto, Stacy Higa and Donald Ikeda, left the meeting early. Yoshimoto later said he left to attend another meeting in Hilo, but did not know the plans of other council members. He also did not believe early departures will be a recurring problem. Yoshimoto said Thursday's meeting was originally scheduled to start in morning,but was recently changed by Chairman Pete Hoffmann to 1:30 p.m.so Hoffmann could attend a speech at noon by Mayor Harry Kim. The foursome's premature departure prompted remaining council members--Hoffmann,Angel Pilago of North Kona, Bob Jacobson of South Hawaii, Brenda Ford of South Kona andDominic Yagong of Hamakua--to vote to postpone taking action on a number of agenda items. The most significant postponement was Bill 22,which was slated for its final reading.The bill, if approved,would have allowed the county to bond$2 million for a$9.3 million project to build a solid waste reload facility near Hilo's existing solid waste transfer station. The project has been in the works for years,according to Pilago and Hoffmann,and prior delays have already caused its cost to inflate. Early in the meeting when all council members were present, Mayor Harry Kim reported that if Bill 22 weren't approved by the council in 24 hours, Isemoto Construction,the firm slated to build the facility,would be forced to increase the cost by another$186,000. Not long after Kim's revelation, Naeole,Yoshimoto and Higa excused themselves from the meeting. Ikeda stayed a little longer,and was there to vote on a handful of resolutions early in the meeting, but then he left too. Bills considered capital improvement budget items,such as Bill 22, require at least two-thirds of the council to vote in favor of them to pass. Pilago categorized the absence of his four peers as"unfortunate." "I would think they should be here,"he said. In regard to the perception that council members left to make a political statement,Yoshimoto said, "It's amazing how things can get blown out of proportion." Some of the other bills postponed because of the apparent political game include a$1 million project to build a new emergency shelter in West Hawaii and a$10 million project to build a connector road from Laiopua to Kealakehe schools. The bills for those projects are still in their first readings. Pilago said the road project is very important and urged residents affected by the delay in the project to contact the excused council members"and urge them to vote." Yagong said near the end of the meeting that he wants to give the excused council members the benefit of doubt,and was hopeful all four had legitimate reasons for leaving early. http://www.westhawaiitoday.com/articles/2007/02/23/local/locaIO3.prt 3/7/2007 Printer Friendly :: Page 2 of 2 Ikeda, before leaving the meeting,was the lone council member to vote in favor of a resolution to encourage the county's administration to be"fiscally prudent"in constructing a West Hawaii Civic Center by not including an amphitheater, museum and play area. Ford, Hoffmann, Pilago,Yagong and Jacobson voted against the resolution. The council recently approved moving forward with the$58 million civic center project, but Ikeda,who introduced the"fiscally prudent"resolution, believes the project to be too extravagant. He indicated before the vote that if residents on the west side of the island believe the civic center is more important than other projects,then he would have to vote against things such as the Laiopua connector road project. Yagong took offense to Ikeda's remarks,stating such comments are the reason there's a rift between the west and east sides of Big Island. In an interview during a break in the meeting,Yagong said he believes Ikeda has been angry since January,when the council majority that favored the east side of the island where Ikeda resides became the council minority. "(Ikeda)reminds me of a spoiled brat kid that got his toy taken away,and now he's in the middle of the room pouting, kicking and screaming,"Yagong said. "It's unfortunate because we don't want to look at this as east and west.We(the majority) look at it as the entire island.This is just not what'aloha'is all about. I hope(Ikeda)outgrows it soon." Ikeda, Naeole,Yoshimoto and Higa were unavailable for comment after the meeting. In another matter,the council, under the communications portion of the agenda that took place early in the meeting,voted 7- 2 against nominating Ross Wilson Jr., of public relations firm Current Events,to the county Water Board. A majority of council members believe Wilson isn't the most qualified applicant for the position and there would be a conflict of interest if he was appointed.The two council members who voted in favor of the appointment were Higa and Ikeda. Copyright©West Hawaii Today, 1997 - 2004 Stephens Media Group Privacy Statement Close Window [xl http://www.westhawaiitoday.com/articles/2007/02/23/local/loca103.prt 3/7/2007 Hawaii Tribune-Herald :: Hilo, Hawaii Page 1 of 3 ][Tdbune �DH,erald Print Page A new council rift Three councilors call for ouster of '� "*+�'" ' the chairman by Jason Armstrong Tribune-Herald Staff Writer 441,x. ,' + Three County Council members on Friday called for Kohala Councilman Pete Hoffmann's removal as chairman due to his ! vow allegedly disrespectful leadership. w _ ,. - ✓�= r Upset over Hoffmann's rescheduling of Thursday's council meeting in Keauhou, County Council members J Yoshimoto, left, Emily Naeole Hilo lawmakers Stacy Higa and J Yoshimoto and Stacy Higa complain Friday about Chairman Pete joined Puna Councilwoman Emily Naeole in Hoffmann's leadership.The three East Hawaii lawmakers holding a press conference to air their said they want the Kohala representative replaced as chairman. -William Ing/ -Tribune-Herald criticisms. The three said they wanted to "set the record straight" and will appear next week on Hilo radio shows. The trio said they want Hoffmann removed from the leadership post he was elected to when lawmakers formed a new West Hawaii-based majority immediately following the council's Dec. 4 inauguration. Naeole said she'll even ask for divine intervention to help oust Hoffmann. "I'm going to be seeking the Lord for help me to make some changes in our leadership," she said. "It's only been like two months, or maybe three months down the road, and we (are) all uncomfortable already. That's not good." What has the three fuming -- they claimed Hilo Councilman Donald Ikeda is also upset but was unable to join them Friday -- is a series of executive decisions Hoffmann has made. First, he pushed back the starting time of Thursday's meeting to 1:30 p.m. from the announced and typical 9 a.m. starting time. That prompted Higa, Yoshimoto and Naeole to leave the meeting early to fulfill other obligations, opening them up to criticism. Ikeda also left long before the meeting ended. But all members received 10 days'advanced notice, in writing, of the timing change. Hoffmann said he rescheduled the meeting because some lawmakers asked to attend Thursday mornings dedication of an addition to Puuhonua o Honaunau, while he wanted to hear Mayor Harry Kim's luncheon speech on the state of Hawaii County. Higa, Yoshimoto and Naeole complained that they had to wait more than four hours from when a Thursday morning committee meeting ended until the afternoon council meeting. Far from their offices, the trio was unable to work, Higa said. Hoffmann said he thought they might use the recess to go hear Kim's noontime speech. "They had plenty of time to let me know," Hoffmann said of his colleagues'early departures. Hoffmann said he learned the three councilors intended to leave Thursday's meeting early just 24 http://www.hawaiitribune-herald.com/articles/2007/02/24/local news/localO Lprt 3/7/2007 Hawaii Tribune-Herald :: Hilo, Hawaii Page 2 of 3 hours, or less, ahead of time. Had he learned about their plans sooner, Hoffmann said he "probably would have done something different," but is not sure what that would have been. Yoshimoto and Naeole attended a roadways meeting Thursday evening in Keaau, while Higa coached a youth basketball game in Hilo. "If I was asked to stay at the council meeting, I would have," Higa said. Yoshimoto and Naeole also said they could have had a replacement appear on their behalf at the Keaau meeting. The three also complained that Hoffmann refused to move up legislation so they could vote on the measures before departing. "It's a common courtesy that wasn't extended to us, and that's really disappointing," said Yoshimoto, whose tax-relief measure was postponed because of his absence. Kim's testimony on his $2 million request for a planned Hilo trash-sorting facility was heard ahead of schedule. "We never voted out of sequence. I don't like doing that if you can avoid it," Hoffmann said. "We weren't trying to take things out of context on the agenda simply because people weren't going to be there. I wasn't going to do that because I don't want to establish a precedent." With just five members present and six needed to approve Kim's requested budget amendment, the measure was deferred. But the delay, according to the contractor, will increase the project's cost by $186,000. That revelation prompted criticism and a West Hawaii Today story that said Higa, Naeole, Yoshimoto and Ikeda were to blame. That's a"false statement," Higa said, noting there was no certainty Kim's funding request was going to pass. "I don't like false accusations going out about myself," Naeole said. "I feel like I've been taken advantage of, and I don't appreciate that." Hoffmann agreed with Higa that the project's approval is not a given. "It would be unfair to say the absence of the people is the reason we're going to pay more money," Hoffmann said, adding he was "amazed" at learning Thursday the issue had to be decided then or the price would jump. Finally, Higa, Yoshimoto and Naeole claimed although Hoffmann knew why they left, he did not defend their early departure when fellow lawmakers questioned why they were not present. "It kind of upset me, some of the things that were said," said Higa, who was council chairman prior to Hoffmann. Hoffmann said he'll review the council's rules on absences and, in the future, will state why members are not present. Naeole said she regrets supporting Hoffmann as chairman and now wants Higa returned to that role. A don't trust already because I wen get sting," she said. "The west side is actually pushing us away. It's a big power trip." Higa said he won't lobby for the extra vote he needs to become chairman. "If and when the numbers do change, then we'll deal with it," Higa said when asked about any reorganization effort. http://www.hawaiitribune-herald.com/articles/2007/02/24/local news/loca101.prt 3/7/2007 Hawaii Tribune-Herald :: Hilo, Hawaii Page 3 of 3 Jason Armstrong can be reached at jarmstrong Chawaiitr-ibune-herald.com. All rights reserved. Copyright©2007 Hawaii Tribune Herald. Content on this site may not be archived, retransmitted, saved in a database, or used for any commercial purpose without the express written permission of Hawaii Tribune Herald. Close Window [x] http://www.hawaiitribune-herald.com/articles/2007/02/24/local news/localO l.prt 3/7/2007 Printer Friendly :: Page 1 of 2 West Ha i. Print Page oay, INews from the B'ig Island Council members go on air, may end up in hot water by Jim Quirk West Hawaii Today jquirk @westhawaiitoday.com Thursday, March 1, 2007 8:09 AM HST HILO--Three Hawaii County Council members could be removed from office for potentially violating Sunshine law regulations. Council members Stacy Higa and J Yoshimoto,of Hilo,and Emily Naeole, Puna,appeared together on two separate Hilo- based AM radio station programs this week.The first program aired live Monday morning on KPUA and the second aired live Tuesday morning on KHBC. During both radio programs, Higa,Yoshimoto and Naeole apparently talked about government issues.Council members aren't allowed by law to congregate outside of scheduled public meetings to discuss government affairs, County Corporation Counsel Lincoln Ashida said Wednesday. Ashida said County Clerk Casey Jarman received complaints from residents about the council members appearing on the radio station programs and discussing county business.The complaints prompted Ashida to launch an investigation. Ashida made it clear that it would take a lot for the state Office of Information Practices to determine that Higa, Naeole and Yoshimoto willfully violated Sunshine laws,which, among other things, require government officials to abide by regulations designed to keep the public informed about when government issues are discussed. In matters such as this,the OIP usually determines that council members violated Sunshine laws nonwillfully,Ashida said. If the violation is determined to be involuntary,the members may be required to discuss their radio comments at a council meeting. If willful,they could be removed from office,Ashida said. In the six years he's served as corporation counsel,Ashida said he's never seen the OIP determine a willful violation of Sunshine laws by government officials. If Ashida determines in his investigation that the three council members violated the law, he would turn the information over to the OR The OIP would then determine whether the violation was willful or non-willful, he said. If there was a violation,Ashida doesn't believe the OIP would consider it a willful act because the council members were talking on radio stations and not meeting together and plotting in a secret meeting closed to the public. The three council members did know in advance they planned to appear on radio shows together. According to a Stephens Media report published Saturday,"the three said they wanted to'set the record straight'and will appear this week on Hilo radio shows." Citing a lack of information, Leslie Kondo,director of the OIP, declined to comment on the matter Wednesday. Higa,Yoshimoto and Naeole together called a press conference Friday to express their displeasure at allegations they, along with Hilo Councilman Donald Ikeda, excused themselves from a regular meeting last Thursday as part of a political game. Because of their absence,the remaining five council members were forced to postpone voting on a number of bills that required two-thirds of favorable council votes to pass. One of the bills was the final ordinance reading to approve bonding$2 million for a$9.3 million project to build a refuse reload station in Hilo. http://westhawaiitoday.com/articles/2007/03/01/local/loca102.prt 3/7/2007 Printer Friendly :: Page 2 of 2 Mayor Harry Kim said early in the meeting when all council members were present that if the project weren't approved that day, inflation would force Isemoto Contracting Co.,the firm slated to build the reload facility,to increase its cost by$186,000. Ashida said state law allows council members to hold such press conferences to voice their concerns on subjects such as leadership. During the Friday press conference, Naeole, Higa and Yoshimoto projected the blame for their premature departure the day before on Council Chairman Pete Hoffmann,who changed the meeting start time from the morning to afternoon more than a week before so he could attend a noon speech by Kim. Higa said during a Wednesday interview that he doesn't believe he,Yoshimoto or Naeole violated Sunshine laws because they spoke in generalities during the radio programs. "I don't think there was a Sunshine violation,"he said. "We were just rebutting some of the things(in West Hawaii Today)on Friday." Higa said neither he, Naeole nor Yoshimoto discussed bills presently under consideration by the council during the radio programs. Naeole,when telephoned Wednesday, hung up before any questions were asked about the radio programs.Seemingly still angered by the article that appeared in West Hawaii Today on Friday regarding the apparent political game played by east- side members that might have cost taxpayers$186,000, Naeole asked if this reporter"just got off the boat?" Naeole also indicated she was overcome by an"eerie feeling"when she saw this reporter's face for the first time and knew there was trouble on the horizon. Yoshimoto declined to comment Wednesday. As part of his investigation,Ashida plans to obtain recordings of the two radio programs. Chris Leonard,general manager of New West Broadcasting Corp.,which operates four area radio stations,including KPUA, said he would provide to the newspaper today a copy of the Monday morning show that featured the three council members. Stephanie Salazar, news director with KHBC,said the Tuesday morning program that was broadcast on her station wasn't recorded. Mel"Mynah Bird"Medeiros,the radio personality who interviewed Higa, Naeole and Yoshimoto Tuesday on KHBC,was unavailable for comment Wednesday. Ashida said if he is unable to obtain copies of the radio programs from the two stations, he is hopeful he can obtain copies from.residents who may have recorded them. Any resident who recorded the radio programs is encouraged to contact Ashida at 961-8251. Copyright©West Hawaii Today, 1997 - 2004 Stephens Media Group Privacy Statement Close Window [xj http://westhawaiitoday.com/articles/2007/03/01/local/loca102.prt 3/7/2007 ENTRY DATED FEBRUARY 27, 2007 FOUND ON HUNTERBISHOP.COM Here is the basic discussion on KHBC radio with the three councilpersons on air: First, Ms. Naeole called Wendell (Kahuewa sp?) from the Oceanic public station to tape the press conference held on Friday afternoon. It will be shown 10 times on ch.#53, starting Wed. 2/28, at 5pm, 3/1 at 11:30am, 3/2 at 10:30pm, etc. In order to get to the gist of the discussion, the frivilous attacks I will leave out, as the rhetoric is the same as usual. In essence, Higa stated he was taught to respect others in order to gain respect. Naeole was upset that Yagong kissed her at a funeral after not voting with her on bill 220 & 221. Mynah bird read the portion of the article where Yagong called Ikeda a child. Yoshimoto stated Yagong should not make those kind of comments. They all said Hoffman was "out of order", didn't "follow protocol" and did not "back us up" but, "trashed us after we left" (Riga). They discussed the roundabouts in Puna, Ms. Naeole complained about "sitting around for four hours doing nothing" in Kona waiting for the meeting. Higa stated he's in "their pocket" (Yoshimoto &Naeole) not the reverse. Callers complained about the council and one gentleman called in stating he personally spoke to several of the council persons, and found out that Higa had threatened Hoffman that if he didn't "go over to Higa's side" he would "have lots of trouble on this Council". He also stated he knows first hand from other council persons that Higa is trying to get back the Chair position, and those who think Higa is for the people "better think again", Higa should "change his stripes" as he is only out for himself. Higa stated he did meet with Hoffman, but denied threatening him. They all complained that the Mayor knew about the trash issue and the additional cost of$180K 90 days ago, and did not bring it up until the last minute. It's all the Mayor's fault, not theirs for leaving early.Higa stated he could not miss coaching the kids as he would have to call off the whole game and contact too many people to do so. Here are my personal concerns: 1) Sunshine Law Section 92-2 & 92-2.5 "Chance Meeting" may have been violated as they discussed current County business, 2) The State Board of Ethics and the County Board of Ethics oversee conduct and this kind of trashing, to me is unethical. Subsequently, I have called the OIP (#974-4000 ex.61400), and filed a complaint, and have called the County Board of Ethics to file a complaint. Billie Jean Leithead Todd (#961-8251 Corp. Council Ofc) is Chairman of the County of Hawaii Board of Ethics. I believe if enough of us call and/or write in, maybe there will be some action taken against any further public display of this kind of nonsense. Apologies for the long dissertation once again. Thank you for the opportunity to share this information.