Loading...
HomeMy WebLinkAbout2015-01-14 Board of Ethics Regular Session MinutesHAWAII COUNTY BOARD OF ETHICS MINUTES — REGULAR SESSION Wednesday, January 14, 2015 10:04 a.m. to 10:22 a.m. Office of the Corporation Counsel 101 Aupuni Street, Suite 325 Corporation Conference Room Hilo, Hawaii 96720 Members and Staff Present: Bernard Balsis, Chair Ku Kahakalau, Vice Chair Douglass Adams, Member Arnie Henricks, Member Renee N.C. Schoen, Deputy Corporation Counsel J S. Yoshimoto, Deputy Corporation Counsel Emily V. Hirayama, Secretary Col."Ia M I[exe a 1 Mr. Balsis called the meeting to order at 10:04 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 NOVEMBER 12, 2014. Ms. Schoen noted two corrections to the minutes to read as follows: a. Page 8, in the second paragraph, last sentence needed to be amended to read "The Board would have to follow, before it issues a fine, it would have to give notice to the person that they're going to issue a fine so that they can contest it. b. Page 9, fourth paragraph, second to the last sentence needed to be amended to read "If the person doesn't do what they're supposed to then they are fined. Motion and Vote: Mr. Balsis moved to approve the minutes as corrected. Ms. Kahakalau seconded the motion. All members voted aye. 4. NEW BUSINESS a. Review of Gift Disclosure Statement received from the following County officer or employees: (1) Brenda J. Ford Mr. Balsis: Let's continue with a new business, there is a review of the gift disclosure received from the following County officer that's Brenda J. Ford. We'll take a moment to pass this on. Mr. Adams: Mr. Chair Mr. Balsis: Yes. Mr. Adams: So this is from Council member Ford. Mr. Balsis: That is correct and it's purely a gift disclosure, it's not a full financial disclosure. Mr. Adams: But Council member Ford is no longer a member of the Council. Mr. Balsis: Good point. Mr. Balsis: Can I ask our counsel why we received this? Ms. Schoen: Probably because the report, the gift disclosure would cover the period from June of the preceding calendar year thru May 31. So she's probably filing for that time period before she left. Mr. Henricks: Also Mr. Adams, also because we don't have any jurisdiction once she leaves it. There's only criminal penalties that would still apply. Mr. Adam: So it's not a, I understand that part. I understand that we're probably looking at a gift received during the time that she was in. But still the question is she's no longer a member and I thought the precedent that this Board set on another matter was that it didn't matter whether the occurrence had occurred during a council members' term. Mr. Henricks: That's just what I just said. It may not matter to us as a far as violating this Ethics Code but it may matter as far as in criminal violation. We're not recording this. That would still be a jurisdictional issue there. Mr. Balsis; So therefore, we will be just accepting this. Mr. Henricks: Exactly. All we're doing is accepting it. She's making a report like she's supposed to do. Mr. Adams We're not just accepting this we're reviewing it. Mr. Balsis: If there is something of great violation it could become a criminal matter. Mr. Henricks: We could defer it if we wanted to. We're not going to. Mr. Adams: Yeah. I know this is technical. All I'm doing is ---.. Mr. Henricks: Yes you are. Mr. Adams: ...making sure that we're following the precedent that we've set which was regardless of whether or not something occurred during the members' employment by the County once it's been brought to us our jurisdiction as I understand it, is captured only during the time that individuals is has been a member continues to be a member. And so she Ms. Ford ceased to be a member employee of the County on 1 st of December. We're looking at this in the middle of January. I don't know if we have jurisdiction to review this. Regardless of whether she wants to submit it, I don't know that we have jurisdiction to based on our previous based on precedence in at least a case that I'm aware of even though it didn't occur while I was on the Board. Mr. Henricks: Someone has to review it. Mr. Balsis: I think that at this point and time if I may, we can go ahead and accept that we have seen this and we're filing it. To take care of Mrs. Ford's obligation to submit this if there become an issue in the future it would be looked at legally rather than from a Board of Ethics point of view. Mr. Adams: So I would just say that I'm gonna initial and also say with reservations. Mr. Balsis: Ok. Mr. Henricks: Be very cautious with your initials. Mr. Adams: Yes. Ms. Schoen: Can I just no go on with your initials with reservations. You're correct in that if, when the Board receives the petitioner reviews it and the employee or officer is no longer an officer and an employee then the Board does not have jurisdiction according to the definitions of the Code and also case law. With the exception of the post -employment situation. Mr. Adams: That's right. Ms. Schoen: And the other exception is the financial disclosures of a candidate. Because the candidate is not an officer or employee but the Code specifically provides for their penalties for their failure to file. I don't know if that helps or confuses things for purposes of today. Mr. Henricks: Back to an initial thing, who does the person submit the form to? Mr. Adams: Normally, the person would submit. Now... Ms. Schoen: Are you talking about the candidate or you talking about.... Mr. Henricks: No. I'm talking person, person as councilman who do they submit the form to. Who do they submit it to? Ms. Schoen: Our office because we're.... Mr. Henricks: Your office? Ms. Schoen: We're responsible for administrative duties to the Board of Ethics. So they're actually submitting it to you folks. Mr. Henricks: Exactly. That's what we're doing we're accepting it. No more no less. If we see it as a violation, we can defer otherwise we're just accepting it. Mr. Balsis: Do we need to move that we've accepted this? Mr. Schoen: We usually do. Motion and Vote: Mr. Balsis moved to accept the Gift Disclosure Statement of Brenda Ford. Ms. Kahakalau seconded the motion. All members voted aye. 5. UNFINISHED BUSINESS There was no unfinished business. 7 Motion and Vote: Mr. Balsis moved to go into executive session for the purpose of reviewing executive session minutes of November 12, 2014, and to consult with legal counsel, as deemed necessary at the time. Mr. Adams seconded the motion. All members voted aye. 10:15 a.m. The Board left regular session. 10:18 a.m. The Board returned to regular session. VOTING ON EXECUTIVE SESSION MATTERS a. Review of the executive session minutes of November 12, 2014. Motion and vote: Mr. Balsis moved to approve the executive session minutes of November 12, 2014. Mr. Adams seconded the motion. All members voted aye. DISCUSSION REGARDING AMENDMENTS TO THE RULES OF PRACTICE AND PROCEDURE OF THE BOARD OF ETHICS OF THE COUNTY OF HAWAII Mr. Balsis: At this time, is any further discussion regarding amendments to the Rule of Practice and Procedure of the Board of Ethics? Mr. Adams: I don't have any at the moment. Mr. Balsis: Any comments? Mr. Henricks: Yeah. I'd like to make a request (directed to Mr. Adams). Could you tell me put your thought paper into you know a written form and submit it a copy to each of us so we can take it home and write notes on it and then submit it back to you? Mr. Adams: Sure. Mr. Henricks: That way it's easier than trying to do it here on the top of our head. Mr. Adams: That was the plan. Okay yeah. Mr. Henricks: Give a copy to the ex so she can help us out on it too if you want to. You were here when they did the first time weren't you? So that you can at least help us out if we get any troubles. So you can tell at least you're the continuum none of us are the continuum you are. And J's just coming on. Mr. Adams: You know I think J was in another position at the time I was being considered. 8. a Mr. Henricks: What I'm saying is if he can sit with us, give his thoughts paper then I can make notes on it and submit it back to you and you can collate all the notes we make on those and come up with proposals. Mr. Adams: That's right. Ms. Kahakalau: Do you have a time frame? Just because of the transition _just wondering. Mr. Adams: I would've guessed next month would be a good time to get that. Mr. Henricks: Then I'd have submitted back to you by March then I'd be gone. At least you'd have my input. Mr. Balsis: We would be here in March. Mr. Henricks: Yeah. Then submit it to him in March and that he can get my input then I leave it up to you. Ms. Kahakalau : It would probably be easier than having new board members write and then, you know, because it takes a little while just to get to understand what the basic things are you know and things like this one. Alright. Mr. Adams: Ultimately, any changes are gonna require the Council's approval so not just ours. ANNOUNCEMENTS Mr. Balsis announced the Board's next meeting on February 11, 2015 at 10:00 a.m. at the Hawaii County Building at 25 Aupuni Street, Room 1501 or at another location to be determined. ADJOURNMENT Mr. Balsis adjourned the meeting at 10:22 a.m. Respectfully submitted: Emily V. Hirayama, Secretary