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Home My WebLink About2015-07-08 Board of Ethics Agenda2 3 0 BOARD OF ETHICS, County of Hawaii 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 Tel. No. (808) 961-8251 AGENDA July 8, 2015 -10:00 a.m. County of Hawaii Hawaii County Building Council Chambers 25 Aupuni Street r-0 C-) Hilo, Hawaii 96720 0 0 & �-. . Video Conference Coordinated Services for the Elderly (former Bank of Hawaii Building) 54-3888 Akoni Pule Highway Kapaau, Hawaii 96755 N CALL TO ORDER STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS APPROVAL OF THE REGULAR SESSION MINUTES OF MAY 13, 2015. NEW BUSINESS a. Petition No. 2015-04: Initial review of petition alleging that County officers or employees violated Sections 14-1 (Enactment and Policy), 14-2 (Standards), 14-4 of the County Charter (Code of Ethics) because "of the completely disrespectful way in which myself and my partner [girlfriend], have been treated". Petition also alleges that Section 3-11 (Discontinuation of Water Services) of the Rules & Regulations of the Department of Water Supply was violated because the water in Kapaau was cut off without notice. b. Petition No. 2015-07: Initial review of petition alleging that County officers or employees violated Section 2-83 (Fair Treatment) subsection (a) and (b) of the County Code of Ethics because they allowed a County officer to continue to use the Pcard to obtain goods and services from various merchants and vendors. Petition No. 2015-08: Initial review of petition alleging that a County employee violated Section 2-83(b)(3) of the County Code of Ethics by using County time, equipment or other facilities for private business or campaign purposes. d. Petition No. 2015-09: Initial review of petition alleging that County officers or employees violated Section 13-3 (Appointments) and 14-3 (Disclosure of Interest) of the County Charter (Code of Ethics) by selecting a person who did not meet the qualifications for the position of Executive Director for the Office of Aging. C. Review of Gift Disclosure Statements received from the following County officers or employees. (1) Valerie Poindexter (2) Margaret Wille (3) Mitchell D. Roth (4) Dru Mamo Kanuha (5) Maile David 6. UNFINISHED BUSINESS a. Petition No. 2014-08: Review draft order dismissing petition by Dan Cole which alleged that past Board Members Bernard Balsis, Jr., Arne Henricks, Glen Hisashima and Deputy Corporation Counsel Renee N.C. Schoen were in violation of Section 2-83(a)(3) of the County Code of Ethics because "I was denied courteous, fair and impartial treatment" and "[m]y interest is to expose an enterprise of organized public corruption within the Hawaii County Government." b. Review Memorandum submitted on June 25, 2015 by Vice -Chair Goodenow re: Notice of Motion to Reconsider concerning Petition No. 2015-03. C. Communication from Lanric Hyland dated May 18, 2015, regarding Motion for Reconsideration of Petition No. 2015-03. d. Petition No. 2015-03: Review draft motion to defer petition regarding the hearing into allegations that Mayor Billy Kenoi violated Sections 14-1 (Enactment and Policy), 14-2 (Standards), and 14-4 of the County Charter (Code of Ethics) by using the officer's p -Card "as a special privilege to obtain goods and services: from various merchants and vendors, which is a "conflict of interest in serious breach of "the highest standards of ethical conduct." Petition also alleges that another County officer is in violation by continuing to allow the first officer to do SO. 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 Hawaii, 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 Hawaii 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. 2 a. Review of the executive session minutes of May 13, 2015. b. Review of Confidential Financial Disclosure Forms filed pursuant to Section 2-91.1(d), Hawaii County Code, and communications submitted by County board and commission members and designated County employees, where personal matters will be reviewed: * Name Position County Agency Rl Gregory P. Gauthier Commissioner Liquor Commission * 2 Juliette M. Tulan Vice -Chair Merit Appeals Board * 3 R Scott F. Church * Commissioner Leeward Planning Commission * 4 Robert A. Becker Commissioner Fire Commission * 5 Rodney Watanabe* Chair Liquor Commission R6 Rodney Watanabe* Member Board of Appeals * 7 Arthur F. Buckman Commissioner Police Commission R8 Kanoe Wilson Member Water Board e 9 - Geraldine M. Giffin Member Liquor Adjudication Board 110 Nyala L. Neill Member Pension Board v "Re -review 8. DISCUSSION REGARDING AMENDMENTS TO THE RULES OF PRACTICE AND PROCEDURE OF THE BOARD OF ETHICS OF THE COUNTY OF HAWAI`l 9. ANNOUNCEMENTS The next monthly meeting of the Board of Ethics is scheduled for September 9, 2015 at 10:00 a.m. at the Hawaii County Building, Council Chambers, 25 Aupuni Street, Hilo, Hawaii 96720 or at another location to be determined. 10. ADJOURNMENT Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS") §92-3.5, the Board of Ethics will be conducting this meeting via videoconferencing. If for technical or other unanticipated circumstances the video/audio stream between Kohala and Hilo is lost for more than a short period of time, the scheduled meeting will continue. Board Members will be present at the Hilo location. Public attendance and testimony will be available at the following locations: 3 Council Chambers, Hawaii County Building 25 Aupuni Street, Hilo, Hawaii 96720 * Coordinated Services for the Elderly (former Bank of Hawaii Building) 54-3888 Akoni Pule Highway Kapaau, Hawaii 96755 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 Hawaii County Clerk within five days of becoming a lobbyist (Article 15, Section 2-91.3(b), Hawaii 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), Hawaii County Code.) Registration forms and expenditure report documents are available at the Office of the County Clerk -Council, 25 Aupuni Street, Hilo, Hawaii 96720. 0