HomeMy WebLinkAbout2012-10-10 Board of Ethics agenda
BOARD OF ETHICS
County of Hawai‘i
333 Kilauea Avenue, 2nd Floor
Hilo, Hawai‘i 96720
A G E N D A
Wednesday, October 10, 2012 - 10:00 a.m.
Hawai‘i County Building
County Council Chambers
25 Aupuni Street
Hilo, Hawai‘i 96720
1. CALL TO ORDER
2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
3. ELECTION OF VICE CHAIR
4. APPROVAL OF THE REGULAR SESSION MINUTES OF SEPTEMBER 12, 2012
5. COMMUNICATIONS
a. 09/04/12 Memorandum Opinion by the Office of Information Practices regarding
“Sunshine Law Complaints about Agendas and Executive Meeting.”
6. NEW BUSINESS
a. Petition No. 2012-04: Initial review of petition alleging that a County officer
“has been very selective in … dissemination of public information and showed
preferential treatment to certain reporters and stonewalling others …” in
violation of Section 2-83(a)(3) of the Code of Ethics, that all persons shall be
treated in a courteous, fair and impartial manner.
7. UNFINISHED BUSINESS
a. Further discussion on letter dated 8/31/12 to the Board of Ethics from the State
Office of Elections, alleging that Council Chair Dominic Yagong may be
inappropriately involved in the operations of the Hawai‘i County Elections Office.
b. Petition No. 2012-02: Review draft order dismissing the petition alleging that Zendo
Kern, Chair of the Windward Planning Commission, “in light of strong questionable
appearances to the public, should have recused himself from voting … regarding the
revocation of special use permit #1122” during the Planning Commission meeting of
5/3/12, thereby violating Sections 2-83(b)(2), 2-83(c), 2-84(e), and 2-91.1(g) of the
Ethics Code.
c. Petition No. 2012-03: Informal hearing of petition alleging violations of Section 2-
83 of the Ethics Code when County employees are allowed to attend union meetings,
on county time, in which political campaigning takes place.
8. EXECUTIVE SESSION
With reference to the agenda item listed below, one or more executive meetings are
anticipated. In particular, the Board of Ethics anticipates it may consider the evaluation,
dismissal, or disciplining of an officer or employee of the County of Hawai‘i, where
considerations of matters affecting privacy will be involved. The Board may also consult
with the Board’s attorney on questions and issues pertaining to the Board’s powers, duties,
privileges, immunities, and liabilities. Therefore, pursuant to Hawai‘i Revised Statutes
(“HRS”) Sections 92-5(a)(2), 92-5(a)(4), and 92-6(a)(2), the following items may be
considered in Executive Session.
a. Approval of the executive session minutes of September 12, 2012.
9. ANNOUNCEMENTS
The next monthly meeting of the Board of Ethics is scheduled for November 14, 2012, at
10:00 a.m. at the Hawai‘i County Building, Puna Conference Room, or another location to
be determined.
10. ADJOURNMENT
NOTE: If you require an accommodation or auxiliary aid and/or services to participate
in this meeting (i.e., sign language, interpreter, large print), please call 961-8304, ext.
101).
NOTICE TO LOBBYISTS
If you are a lobbyist, you must register with the Hawai‘i County Clerk within five days of becoming a
lobbyist (Article 15, Section 2-91.3(b), Hawai‘i County Code).
A lobbyist means “any individual engaged for pay or other consideration who spends more than five
hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative
or administrative action by communicating or urging others to communicate with public officials.” (Article 15, Section 2-91.3(a)(6), Hawai‘i County Code.)
Registration forms and expenditure report documents are available at the Office of the County Clerk-Council, 25 Aupuni Street, Hilo, Hawai‘i 96720.