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HomeMy WebLinkAbout2014-08-13 Board of Ethics Minutes HAWAI‘I COUNTY BOARD OF ETHICS MINUTES – REGULAR SESSION Wednesday, August 13, 2014 10:01 a.m. to 10:25 a.m. Hawai‘i County Building 25 Aupuni Street County Council Chambers Hilo, Hawai‘i 96720 Members and Staff Present: Bernard Balsis, Chair Ku Kahakalau, Vice Chair Douglass Adams, Member Renee N.C. Schoen, Deputy Corporation Counsel Renee K. Lawrence, Secretary 1. CALL TO ORDER Mr. Balsis called the meeting to order at 10:01 a.m. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS There were no statements from the public. 3. APPROVAL OF THE REGULAR SESSION MINUTES OF JULY 16, 2014 Mr. Adams noted that the date on the header of the minutes needed to be amended to read “July 16, 2014”. Motion and Vote: Mr. Balsis moved to approve the minutes as corrected with regard to the date. Ms. Kahakalau seconded the motion. All members voted aye. 4. NEW BUSINESS a. Petition No. 2014-08: Initial review of Petition alleging that County officers or employees are in violation of Section 2-83(a)(3) because “I was denied courteous, fair and impartial treatment” and “[m]y interest is to expose an enterprise of organized public corruption within the Hawai‘i County Government.” Mr. Balsis: At this point in time I am named as one of the petitionees [sic]in this Petition and I have to recuse myself, and I’ll be asking the Vice Chair to take over for the remainder of this. Ms. Kahakalau: Since Chair Balsis recused himself we don’t have quorum to discuss this issue any further, and so we will have to postpone the 1 matter, because there’s only two of us here and we need at least three people to have a quorum. So we’re postponing that matter and then we can ask the Chair to come back to his seat. Ms. Schoen: Madam Chair, just for the record, I was also named as a respondent to this Petition so when this matter gets continued you will have another attorney come to assist the Board. Ms. Kahakalau: Okay. Ms. Schoen: Just so the Board members know. Ms. Kahakalau: Thank you. 5. UNFINISHED BUSINESS a. 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. Mr. Balsis stated that he reviewed the informal advisory opinion and did not have any revisions. He asked the members if they had reviewed the draft order and to notify him if they had any suggested revisions. Ms. Kahakalau stated she had no objections. Mr. Balsis noted that all members present had the opportunity to review the draft informal advisory opinion. Motion and vote: Mr. Balsis moved to approve the informal advisory opinion as drafted. Mr. Adams seconded the motion. All members voted aye. b. Petition No. 2014-03: Review of draft informal advisory opinion as requested by Duane Kanuha, Planning Director, finding that the legal representation of a person before the Planning Commission by Jamae Kawauchi, a former County employee, in a proceeding before the Windward Planning Commission, is not in violation of Section 2-91.2 of the Hawai‘i County Code. Mr. Balsis asked the members if they had reviewed the draft order. Ms. Kahakalau stated she reviewed the informal advisory opinion. Mr. Balsis moved to accept the informal advisory opinion as drafted, and asked the members if they had any discussion. Mr. Adams noted that the hearing was held on July 16, 2014, not June 25, 2014. Mr. Balsis noted that the date on which the hearing was held shall be corrected and asked the Board’s secretary to verify the dates. Motion and vote: Mr. Balsis moved to accept the informal advisory opinion as corrected. Mr. Adams seconded the motion. All members voted aye. 2 Motion and Vote: Mr. Balsis moved to go into executive session for the purpose of reviewing executive session minutes of July 16, 2014, to review Confidential Financial Disclosure Forms, to review a draft Order Dismissing Petition for Petition No. 2014-07 which was held in executive session and to consult with the Board’s attorney. Ms. Kahakalau seconded the motion. All members voted aye. 10:10 a.m. The Board left regular session. * * * * * 10:20 a.m. The Board returned to regular session. Mr. Balsis turned the meeting over to Ms. Kahakalau for the purpose of making an announcement with regard to Petition No. 2014-08. Ms. Kahakalau announced that the Board will conduct an initial review of Petition No. 2014-08 when there is a quorum, and that the Petitioner would be notified of the date and time in which the petition will be heard. Following the announcement, Mr. Balsis returned to the meeting as Chair. 6. VOTING ON EXECUTIVE SESSION MATTERS a. Review of the executive session minutes of July 16, 2014 Mr. Balsis noted that there were revisions regarding the heading/title of the document as well as dates. Motion and vote: Mr. Balsis moved to approve the executive session minutes of July 16, 2014 as corrected. Ms. Kahakalau seconded the motion. All members voted aye. 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 were reviewed. Mr. Balsis noted that the Board reviewed 1 financial disclosure in executive session. Motion and vote: Mr. Balsis moved to accept and file the financial disclosure. Mr. Adams seconded the motion. All members voted aye. c. Petition No. 2014-07: Review of order dismissing 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…”. Motion and vote: Mr. Balsis moved to accept the order dismissing petition as corrected. Ms. Kahakalau seconded the motion. All members voted aye. 3 7. ANNOUNCEMENTS Mr. Balsis announced the Board’s next meeting on September 10, 2014 at 10:00 a.m. at the Hawai‘i County Building at 25 Aupuni Street, Room 1501, Hilo, or at another location to be determined. 8. ADJOURNMENT Mr. Balsis adjourned the meeting at 10:25 a.m. Respectfully submitted: Renee K. Lawrence, Secretary 4