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Home My WebLink About2012-12-12 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, December 12, 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. APPROVAL OF THE REGULAR SESSION MINUTES OF NOVEMBER 19, 2012 4. NEW BUSINESS a. Petition No. 2012-07: Initial review of petition alleging violation of Section 2- 83(a)(3) (under fair treatment) of the Code of Ethics where a County officer allegedly stated at a public hearing that the officer’s polling place did not open on time on the primary election day, that he saw cars turned away, and that when he asked what was going on, he was told by voters that the poll was closed and they could not vote. Petitioners contend that “the poll opened on time, all voters were able to vote, and there was no drive through of cars that were turned away.” b. Petition No. 2012-08: Initial review of petition alleging that a County officer violated Section 2-83(b) (under fair treatment) of the Code of Ethics when the officer, “in conspiracy with others, illegally obtained and used $10 million dollars of the people’s money for the sole advantage of Bank of Hawai‘i, First Hawaiian Bank, and/or a RICO Enterprise of the ‘old boy network’ and/or ‘unmentionables.’” c. Petition No. 2012-09: Employee’s request for an informal advisory opinion on whether he may work as an independent contractor “providing social work services for an agency providing case management services to individuals with disabilities and the elderly.” d. Counsel’s report regarding matters and/or inquiries received by the Board, including Gift Disclosure Statements received from Allison Lee and Lester Seto of the Workforce Investment Board, disclosing the no receipt of gifts. 5. UNFINISHED BUSINESS a. Petition No. 2012-03: Review draft order dismissing petition submitted by Cheryl King, which alleged violations of Section 2-83 of the Ethics Code when County employees were allowed to attend union meetings, on County time, in which political campaigning took place. b. Petition No. 2012-04: Review draft order dismissing petition submitted by Tiffany Edwards Hunt, which alleged that County Clerk Jamae Kawauchi “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. 6. 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 November 19, 2012. b. Review of Confidential Financial Disclosure Form 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: Name - Position - County Agency 1 Judy Ah Chin - Member - Pension Board 2 Daniel Banks - Member - Workforce Investment Board 3 Jerry Hamamoto - Chair - Pension Board 4 Wayne Higaki - Chair - Workforce Investment Board 5 Florence Ikeda - Member - Pension Board 6 Allison Lee - Member - Workforce Investment Board 7 Chad Okinaka - Member - Workforce Investment Board 8 Clyde Oshiro - Member - Workforce Investment Board 9 Lester Seto - Member - Workforce Investment Board 10 Charmaine Shigemura - Member - Workforce Investment Board 7. ANNOUNCEMENTS The next monthly meeting of the Board of Ethics is scheduled for January 9, 2013, at 10:00 a.m. in the Puna Conference Room at the Hawai‘i County Building at 25 Aupuni Street, Hilo, or another location to be determined. 8. 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.