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HomeMy WebLinkAbout2011-11-09 Board of Ethics Minutes HAWAI‘I COUNTY BOARD OF ETHICS MINUTES – REGULAR SESSION Wednesday, November 9, 2011 10:07 a.m. to 10:35 a.m. Hilo Lagoon Centre 101 Aupuni Street, Room 145 Hilo, Hawai‘i 96720 Members and staff present: John E. K. Dill, Chair David Heaukulani, Vice Chair Arne Henricks, Member Bernard Balsis, Member Glen Hisashima, Member Renee N. C. Schoen, Deputy Corporation Counsel Mary E. Fujio, Secretary Also present: Dennis Onishi 1. CALL TO ORDER 10:07 a.m.: Mr. Dill called the meeting to order. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS There were no statements from the public. 3. APPROVAL OF THE REGULAR SESSION MINUTES OF AUGUST 10, 2011 Motion and vote: Mr. Balsis moved to accept the minutes, Mr. Heaukulani seconded the motion, and all members voted aye. 4. NEW BUSINESS a. Petition No. 2011-08: Officer’s request for an informal advisory opinion on whether the officer may sit on a State of Hawai‘i board. (Blanks indicate inaudible or indecipherable speech.) MR. DILL: Councilman Onishi, thank you for taking the time to come today and for petitioning us. Why don’t you just quickly give us the background of the board in here, the position you’ve been appointed to. MR. ONISHI: Okay, thank you very much for having me, and thank you for you folks volunteering for this ethics board. My question was--it’s just that I was looking at trying to see if I could get selected on this certain commission with the state level. But when I talked to certain people at the state level, they mentioned that there might be like a conflict, and that was because of—if I guess the county is receiving state money, or if the county is giving the state money, and vice versa. So I just wanted to see if council members could volunteer to a board or commission with the state, and would that be okay. MR. DILL: Wait, I’m sorry, Councilman. I just noticed that you requested a closed hearing—you requested a closed hearing to hear this? MR. ONISHI: No, that’s okay. MR. DILL: You sure? MR. ONISHI: Yeah, I’m fine, I’m fine. Because that’s—to me, it can be open. MR. DILL: I’m sorry. MR. ONISHI: But now it’s like more general, because I did get a response and I didn’t get selected. So I’m just looking out for all council members now, and that if—if any other council members wants to volunteer on a state commission or board, I mean, would that be, I guess ethical where, with the county being okay with that. MR. DILL: And the main concern is that the county does receive state funds? MR. ONISHI: That’s what I was told, from the state side. MR. DILL: Do you mind me asking—you said that there was some folks on the state level that did bring up concerns. Who were they or— MR. ONISHI: --When I put in my application, and I forgot what his name is, but the person in charge kind of mentioned about that, and so they were—what he told me was they were going to look on the state side to see if there was any ethical concerns or conflict. So then I figured it’s better if I check on the county side to make sure that the county—we won’t be violating any laws. So that’s why I’m in front of you folks today. MR. HENRICKS: So you’re trying to apply this to any state worker, in terms of your question about any state worker? MR. ONISHI: No, I’m just talking about council members. MR. HENRICKS: Yeah, on any state board, then? MR. ONISHI: Yes, correct. Board or commission, yes. MR. HENRICKS: Yeah, but not particularly this one? MR. ONISHI: Yes, right, right. Well, now, like I said, now it became general, because I got denied on that one. So now I’m just looking at okay, if I wanted to apply for another— MR. HENRICKS: --So we’re doing a hypothetical question? MR. ONISHI: Correct. But if you folks want to just do the one that’s on my letter, that’s fine, too. MR. DILL: Counselor, you wanted to say something? MS. SCHOEN: Yeah, just—do I need a mic, Mary? MS. FUJIO: Just talk loud. MS. SCHOEN: Well, two things that I just want to comment to the board, and I think Judge Henricks did bring it up, that the board does not look at hypothetical matters. So the fact that you have not been selected, so the need for you to be on this—to ask the board whether or not you may be on this committee no longer exists. So it really turns into a hypothetical type situation. We really—the board should look at the issues that Councilmember Onishi brings up on a case-by-case basis, and you would be—you would look at section 2-84, conflict of interest section. So my recommendation would be that you not provide a general advisory opinion for the council members as he’s asking. MR. DILL: Bernard, were you going to comment? MR. BALSIS: No comment. MR. DILL: Okay. Yeah, I agree with Renee that it’s difficult for us to have just a blank ruling or a blank standard to follow in this case, and we would need to look at it on a case-by-case basis, because I think it depends on the board. I think it depends on, even to the positions that the councilmen hold on the council, what committees they chair and whatnot. There might be conflicts depending on what board they get appointed to. MR. ONISHI: No, and then I understand that. That’s why—but this position that I wanted to get was with the Juvenile—and what I understand, it’s nothing to do on the county level. This is dealing with the federal level. So to me I felt I had no conflict, because there was no county issue. But I just wanted to get a ruling from the commission to make sure that in case anybody would question, I would say no, I got a ruling, this is what they said, and there’s no funding that the county is providing to this certain commission, and so forth. But I guess if I didn’t say that I didn’t get nominated, then you guys would have made a ruling, correct? MR. DILL: Um hmm, um hmm. MR. ONISHI: So I jumped the gun. MR. DILL: Out of curiosity— MR. ONISHI: --but I had to be up and up with you— MR. DILL: --you had mentioned that somebody was going to research on the state side whether or not there was any precedents or conflicts. MR. ONISHI: Right. MR. DILL: And did they find anything? MR. ONISHI: No, I never got a response from them. Yes, so that’s why I kind of took it upon where I should just check with the county side. Because I think basically for me, it would be protecting myself on the county side. MR. DILL: Well I think that covers it, I guess. MR. ONISHI: Okay, so I guess to, I guess—Renee, could I ask you a question? MS. SCHOEN: Yes. MR. ONISHI: So would I be able to like say come back and I guess do like as a more broader spectrum of a ruling where I could get from you folks, like if there is no funding, county funding, going to the state or vice versa, would that be okay? Because for me, then I could look at other boards or commissions on the state level that I can just go and apply already. But it’s like sometimes it’s going to be a hassle where I’m going to go for this—I’m going to apply for this certain commission or board, then I’ve got to come back in front of you. But depending on my schedule, depending on your guys’ schedule, right, and then what if I get one answer within like a couple months? But this one, this last one—it took I think almost like four or five months before I got a response from the state. But then I also postponed a lot of the hearings with you folks because of my scheduling. MR. HENRICKS: You know, I think what we’re trying to say here is that we can’t make a decision on anything that’s not before us, because it’s not before us, right? But as to your particular board here, I don’t see on the face of it that there’s a conflict, so I wouldn’t bring it back up to us. But if you’re talking about other boards, I don’t think we could look at them yet unless we see what the contact with the county is on each one. MR. ONISHI: So that’s why I’m saying--so what maybe I can do is I can go back and look at what’s available and make a list of all the ones that like I’m saying, there’s no— and come in front of you. MR. HENRICKS: Right, and bring it to us and let’s look at each one. MR. DILL: Yeah, that’s what I would suggest. MR. HENRICKS: It’s a case-by-case basis, because some boards may be conflicted. MR. ONISHI: No, that’s what I’m saying, yes, yes. And I understand that, yes. MR. HENRICKS: And some aren’t. MS. SCHOEN: And the other thing is funding is not the only issue. Another issue would be whether or not whatever that state board handles, whether it would ever come before you as a councilmember— MR. ONISHI: --Right, yes— MS. SCHOEN: --so funding is not the only issue. MR. ONISHI: Yes, I understand that. MR. HENRICKS: It’s control. You have to look at control, that’s one of the things that— MR. ONISHI: --Yes, that’s why I’m saying—so this position that I tried to apply for, I kind of did like a background, but like I say it wasn’t to be concerned to the county, it was more like the state and federal level. MR. DILL: Yeah, I would suggest looking at what boards have openings that you would consider applying to, and then coming back to us, maybe with more than one, and say I’m looking at applying for these, are any of these in the board’s eyes a conflict. MR. ONISHI: Okay. MR. DILL: That way you’re not wasting your time. MR. HENRICKS: Better yet, look at them and see which ones you like, and then go and apply for them and then bring it to us. MR. ONISHI: Okay. MR. HENRICKS: Then it won’t be hypothetical at that point. MR. ONISHI: But maybe I don’t really have to apply, maybe I could just come with a list— MR. DILL: Yeah, yeah, that’s fine— MR. ONISHI: --and then from there I can go and decide. MR. DILL: The state board of ethics I’m sure is great, and this board’s a lot of fun. MR. HENRICKS: But you realize, though, if you come with a list, it’s still hypothetical. If the list is still hypothetical we might not rule on it, because we can’t rule on hypotheticals, you see, so until you go up and say I want this one, I applied for this one; when you do apply, then bring it to us. MR. ONISHI: Oh, I see. MR. HENRICKS: You see what I mean? Then it becomes an issue. It moves from a hypothetical to an issue. MR. ONISHI: Okay, sounds good. Thank you. Thank you for your guys’ time. MR. DILL: Thank you, Councilman. Appreciate your time. Okay, so Renee, we don’t need to vote on this, then? MS. SCHOEN: No, I think—it sounded like it was withdrawn. MR. DILL: Okay. MR. HENRICKS: We can move to withdraw it. Okay, I move that we withdraw Councilman Onishi’s petition upon his request. MR. HEAUKULANI: I second that motion. MR. DILL: All in favor? ALL MEMBERS (simultaneously): Aye. Mr. Onishi left the meeting. b. Counsel’s report regarding matters and/or inquiries received by the Board, including (1) a Gifts Disclosure Statement received from Alan Parker, reporting no receipt of gifts. Ms. Schoen said that Mr. Parker submitted a gifts disclosure which reported no receipt of gifts, and that is the extent of her report. 5. UNFINISHED BUSINESS (None) Motion and vote: Mr. Balsis moved to go into executive session to review the confidential matters under agenda item 6. Mr. Heaukulani seconded the motion, and all members voted aye. 10:20 a.m. : The board left regular session. * * * * * 10:33 a.m.: The board returned to regular session for voting on the executive session matters. 6. VOTING ON EXECUTIVE SESSION MATTERS a. Approval of the Executive Session minutes of August 10, 2011. Motion and vote: Mr. Heaukulani moved to accept and file the minutes. Mr. Balsis seconded the motion, and all members voted aye. b. Review of Confidential Financial Disclosure Forms filed pursuant to Section 2-91.1(d), Hawai‘i County Code, by County board and commission members and designated County employees, where personal matters will be reviewed. Motion and vote: Mr. Balsis moved to accept and file the disclosure, Mr. Heaukulani seconded the motion, and all members voted aye. 7. ANNOUNCEMENTS Mr. Dill stated that the announcement on the agenda was wrong—the board’s December meeting was supposed to be December 14, 2011, not December 7. However, December 7 would be better for his schedule. He asked the secretary to check on the availability of a conference room, and if one could be found for December 7, 2011, they could meet then. 8. ADJOURNMENT Mr. Dill adjourned the meeting at 10:35 a.m. Respectfully submitted: Mary E. Fujio, Secretary (with her signature)