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HomeMy WebLinkAbout2014-07-16 Board of Ethics Agenda BOARD OF ETHICS, County of Hawai‘i 101 Aupuni Street, Suite 325, Hilo, Hawai‘i 96720 Tel. No. (808) 961-8251 A G E N D A July 16, 2014 - 10:00 a.m. County of Hawaii Hawai‘i County Building 25 Aupuni Street County Council Chambers Hilo, Hawai‘i 96720 VIDEO CONFERENCE West Hawai‘i Civic Center 74-5044 Ane Keohokalole Highway, Building A, Conference Room A Kailua-Kona, Hawai‘i 96740 1. CALL TO ORDER 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS 3. APPROVAL OF THE REGULAR SESSION MINUTES OF JUNE 25, 2014 4. NEW BUSINESS a. Review of Gift Disclosure Statements received from the following County officers or employees: (1) Karen Eoff, Council Member (2) Dru Kanuha, Council Member b. Petition No. 2014-07: Initial review of Petition alleging that a candidate for County Council is in violation of Section 2-91.6 of the Code of Ethics for “disclosing confidential information gained during the course of employment…” [Closed hearing requested.] 5. UNFINISHED BUSINESS a. Petition No. 2014-03: Informal hearing of petition by Duane Kanuha, Planning Director, requesting an informal opinion from the Board as to whether legal representation of a person before the Planning Commission by a former County employee, in a proceeding before the Windward Planning Commission, would violate Section 2-91.2 of the Hawai‘i County Code. b. Petition No. 2014-06: Informal hearing of petition by Gail Ranfranz alleging that County employee Derek Lee is in violation of Section 2-83(a)(3) due to treatment during a telephone conversation on May 17, 2014. c. Petition No. 2014-04: Review draft order dismissing petition by Arthur Varady alleging that Emily Naeole, a candidate for County Council, is in violation of the Code of Ethics because she went to Pāhoa Senior Center to announce she is running for County Council and gave twenty tickets to the site manager for distribution. d. Petition No. 2014-05: Review draft order dismissing petition by Mark McNett alleging that County officers Debra Hecht and Gail Byrne-Baber are in violation of Section 2-91.3(6) of the Code of Ethics, by inter alia, “creating, expanding, and propagating PONC” and “made several personal suggestion each for PONC purchases…”. e. Petition No. 2013-10: Review draft informal advisory opinion finding County employee Robert Northrop in violation of Section 2-83 of the Code of Ethics because he did not treat Petitioners Chris and Annette Pickens 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. Review of the executive session minutes of June 25, 2014. 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: Name Position County Agency 1 Nicholas Bassis Real Property Appraiser Dept. of Finance 2 Andrew Kouchi Liquor Control Investigator Dept. of Liquor Control 3 Ernest Texeira Liquor Control Investigator Dept. of Liquor Control Trainee 4 Cynthia Toko Real Property Appraiser I Dept. of Finance 7. ANNOUNCEMENTS The next monthly meeting of the Board of Ethics is scheduled for August 13, 2014 at 10:00 a.m. at a location to be announced at a later date. 2 8. ADJOURNMENT Notice is hereby given that pursuant to Hawai‘i Revised Statutes (hereinafter “HRS”) §92-3.5, the Board of Ethics will be conducting this meeting via videoconferencing. If audio stream between Kona and Hilo is lost for more than a short period of time, the meeting will be terminated. Board Members will be present at the Hilo location. Public attendance and testimony will be available at the following locations: Conference Room A, West Hawaii Civic Center • 75-5044 Ane Keohokalole Highway, Building A Council Chambers, Hawai‘i County Building • 25 Aupuni Street, First Floor, Room 1401 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. 3