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HomeMy WebLinkAbout2013-01-09 Board of Ethics agenda BOARD OF ETHICS, County of Hawai‘i 333 Kilauea Avenue, 2nd Floor, Hilo, Hawai‘i 96720 Tel. No. (808) 961-8251 A G E N D A Wednesday, January 9, 2013 - 10:00 a.m. Hawaii County Building 25 Aupuni Street, Room 1501 Hilo, Hawaii 96720 1. CALL TO ORDER 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS 3. APPROVAL OF THE REGULAR SESSION MINUTES OF DECEMBER 12, 2012 4. COMMUNICATIONS a. Memorandum Opinion dated 12/27/12 from the Office of Information Practices regarding Sunshine Law and Uniform Information Practices Act Complaints (from Dan Cole) about Agendas and Meetings. 5. NEW BUSINESS a. Petition No. 2012-10: Initial review of petition alleging that the Transit Agency and a County officer violated Section 2-83(a)(3) (under fair treatment) of the Code of Ethics by “violating their own rules,” using “delay tactics and psychological warfare,” and by defending “the extortion of money from Hele-On Bus passengers.” 6. UNFINISHED BUSINESS a. Petition No. 2012-07: Review draft order dismissing petition by RJ Hampton and Robert Petricci, which alleged that former Councilman Fred Blas violated Section 2- 83(a)(3) (under fair treatment) of the Code of Ethics when he allegedly stated at a public hearing that his 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. The petition contended 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: Further initial review of petition by Dan A. Cole, which alleges that Mayor Kenoi violated Section 2-83(b) (under fair treatment) of the Code of Ethics when he, “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.’” 7. 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 December 12, 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 Bernard Balsis, Jr., Vice Chair, Board of Ethics 2 David Greenwell, Commissioner, Water Commission 3 Colleen Schrandt, Legislative Auditor, Office of the Legislative Auditor 8. ANNOUNCEMENTS The next monthly meeting of the Board of Ethics is scheduled for February 13, 2013, at 10:00 a.m. in the Room 1501 of the Hawai‘i County Building at 25 Aupuni Street, Hilo, or another location to be determined. 9. 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.