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HomeMy WebLinkAbout2015-05-13 Regular Session Minutes Board of Ethics HAWAII COUNTY BOARD OF ETHICS MINUTES—REGULAR SESSION Wednesday, May 13, 2015 9:00 a.m. to 12:48 p.m. 11:40 a.m. to 12:05 p.m. (Lunch Break) Hawai`i County Building Council Chambers 25 Aupuni Street Hilo, Hawai`i 96720 Members and Staff Present: Ku Kahakalau, Chair Douglass Adams, Member Kenneth Goodenow, Vice-Chair Gary Murai, Deputy Corporation Counsel J Yoshimoto, Deputy Corporation Counsel Emily V. Hirayama, Secretary 1. CALL TO ORDER Ms. Kahakalau called the meeting to order at 9:00 a.m. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (Hilo & Kohala) Ms. Kahakalau: We will be going back and forth from Hilo to Kohala. I would like to remind everybody that we would like to at all possible keep our testimony to three (3) minutes per item on the agenda. 1) Floyd D. Eaglin (Hilo) signed up to testify on agenda item 4b (Gift Disclosures) & 4c,Petition No. 2015-03. Mr. Eaglin: I'm here to support of Mayor Billy Kenoi. I feel that the due process haven't been given him. He said that he did wrong, he said that he paid back. What more we going do? I mean, I feel that the first amendment of the Constitution of America is not to liable people, slander people. His family should've never have been brought into this. Whatever he did as a kid shouldn't be brought into this. It's what he's doing now, he did well for this County. He brought us thru the worst times and I have mixed feelings about all this. I didn't grow up over here. I'm a transplant. I live here now and this is a place for me to come and I came here. So I know him from the time he was a kid. It's not that we friends, we know each other, but he did well for himself He could've always gone the wrong road. He chose the right road. Everyone makes mistakes. I make mistakes, you make mistakes and everyone makes mistakes. He said he was sorry and he pulled back. What more we gonna do? I feel that this is wrong, I feel that everyone should be given a chance to redeem themselves. All of us got skeletons in our closets. I've got a graveyard in mines. So I'm not going to point fingers. We should point fingers inward not outward. So I'm here to support him. That's all I've got to say. Ms. Kahakalau: Thank you. 2) Cory Harden (Hilo)signed up to testify on agenda 4b (Gift Disclosure) & 4c, Petition No. 2015-03. Ms. Harden: Good morning Chair Ku Kahakalau and Board members. Thank you for your service on the Board. I'm sorry to say, I think Mayor Kenoi should resign. The Pcard scandal is now featured in the New York Times. On top of that, Kenoi may have failed to do gift disclosures. There's much about the Pcard that's deeply disturbing. Kenoi kept using the Pcard for over$31,000 in personal expenses despite repeated warnings. Despite having the legal background to understand he was out of line. Some Pcard expenses $7,500 incurred over six (6)years were only reimbursed by Kenoi after the Pcard story broke. There are no receipts for Kenoi's Pcard spending. The County requires documentation for all purchases. The County refused to release Kenoi's Pcard records for five (5) years until a reporter obtained some records from another source. Now Pcard records are public records under State law. The State auditor's office sharply criticized the Pcard program five (5) years ago, but is unclear if any changes were made. Some County emails were only saved for ninety (90) days hampering review of past actions. While Kenoi is dealing with ethics and criminal investigations that will drag on for months. His office is ham-strung. For example, County Council member Margaret Willie commented that Kenoi missed a lot of things after the Pcard story broke. Kenoi considered missing the usual presentation of his budget request to County Council. Apparently, reluctant to face questions about the Pcard. Kenoi withdrew his nomination of former Finance Director Nancy Crawford to the Pension Board at her request after the Pcard story broke. Three (3) weeks after Kenoi had said it was crucial to approve her. Ms. Crawford might been questioned about the Pcard when going before County Council for approval. I commend Margaret Willie for expressing concern about this scandal and urging an open session for County Council consideration of having the Deputy Corporation Counsel from Maui advise this Board. I also commend County Council member Greggor Ilagan for telling Kenoi. Ragan planned to implement recommendations from Pcard audits now being done. If the Ethics Board does not act for some reason, I hope County Council will use its power to act on ethics cases. For the future, we may need another way to address cases involving the Mayor or County Council members since they are the ones who choose Ethic Board members. As for Mayor Kenoi, I hope he will best serve his future and the future of our island by having the courage to resign. Thank you. Ms. Kahakalau: Thank you very much. 3) Alex Achmat(Kohala)signed up to testes on agenda item 4d,Petition No. 2015-03. Mr. Achmat: Hi. Good morning. My name is Alex Achmat and I live here in Hawi in North Kohala and voter in District 9. I wanted to start out my comments by saying thank you and I'm not sure if the person I'm saying thank you to is in the room. The person I wanna say thank you too is the whistle blower. The person who said this is too much,this is enough and leaked the information that allowed us the people unusually uninformed to find out what's going on. There's a maxim that's says that money corrupts and a lot of money corrupts a lot and it seems that that's the kind of situation we're in. Not only nationally, but here at our County level there's two (2) sets of rules: one is for people with power and money and one are for regular people. We've seen this practice over and over again. Ten(10) years ago, we had a scandal on the island it was called"Hookers, Hot tubs and Hawai`i" and it was about David Cunningham. Who was a representative in the House of Representatives who spent $6,000 a night the Hapuna Prince Hotel being woo'd during $50,000 junket by companies accompanied by people in the CIA Dusty Bogo whose number three. He ended up going to jail for taking bribes and for playing fast and loose with donations and gifts in our backyard ten(10) years ago. He also somebody blew the whistle and we need that, we need people to say enough. Then we had the Jack Abram off case and there again we had a whistle blower. It wasn't that the courts or somebody delved into him and found him guilty. It was somebody who knew some scandal and leaked it that got him arrested and put in jail and all the corruption exposed. We need the whistle blowers, we need people to have the courage to come out from behind a kind of roughshod administration who demands people to cooperate. Who's looking for pliable members on their Councils to speak out? In the last election, we had big money interest coming into our Counties spending hundreds of thousands dollars. In Maui, it was the same thing over half a million dollars. These people are not voters, they don't live here but they finance politicians. Again, in my summary I'd like to say that we what to say thank you to the whistle blower, we want to encourage more people to come forward when they see injustice or corruption so that we can have a clean Council, a clean Mayor and a clean government. Thank you. Ms. Kahakalau: Thank you very much. Mr. Yoshimoto: Madame Chair if I may? I just wanted to remind the public that they have three (3) minutes to testify on each agenda items. So if they're testifying on more than one item, to let us know so staff can set the time appropriately. 4) Lanric Hyland(Kohala) signed up to testify on agenda item 5a,Resolution No. 2015-01. Mr. Hyland: Aloha Madame Chair and members. My name is Lanric Hyland and I would like to briefly comment on Petition 2015-01. Which involves Mr. Revell objection to County Council Dru Kanuha's not treating him courteously because he did not make time to hear Mr. Revell's point of view on pending or potential legislation. Our Ethics Code calls upon County officers and employees to adhere to the highest standards. That is a very high bar. Access to an elected official is one important reason why people make large campaign contributions to candidates. If I may paraphrase, if I make a large contribution, I will expect a large amount of candidate's time to listen to what I have to say. That is a high standard from elected officials to meet. But if I make no contribution to that elected officials campaign and I still expect him to meet and take time to listen to my views and opinions that would be the highest standard of Ethical conduct. That elected official is one who truly understands what it means to say I work for the people. When you issue your final draft of your informal advisory opinion on Petition 2015-01. I hope that is the standard to which you owe Chair Kanuha and all other County officers and employees. Thank you for listening to me. Ms. Kahakalau: Thank you. 5) Andrea Rosanoff(Hilo) signed up to testify on agenda item 4b. Ms. Rosanoff: Hello. My name is Andrea Rosanoff and I live in Pahoa, Hawai`i. Thank You for allowing us to meet with you and give some of our views of what all this is going on. I'd like to do, I only have I believe one issue. I would like to read to you a letter that I sent to the Hawai`i Tribune-Herald. I sent this on Friday, April 24 but it hasn't been printed so this gives me a chance to at least put it in the public records some of my feelings. The lava has slowed, potentially drastic, imminent change in all our lives is fading from our memories, but I wish to remember how responsive an effective was our County government during the crisis of imminent cutoff of our roads due to lava flow. In all my seventy(70) years as USA citizen, I have never experienced such efficient cooperative and effective government as I did during that lava crisis. Some of the things I remember, the informational meetings at Pahoa High school cafeteria and Pahoa Community Center. The seemingly seamless move of transfer station away from and then back to its present location allowing all of us to safely go see the flow near the transfer station. Arranging for the school children to go see it. The new road from Nanawale into Paradise Park cooperation with National Parks Service and the National Guard. All of the information from the US Geological service, expanding fire department service into Pahoa town to make sure everyone would have service even if the lava flow cut off the road and saving the trees while doing it. These and many more wonderful things I saw and I want to thank every County, State and Federal etc. employee and especially Mayor Billy Kenoi. I think he did a remarkable and wonderful job of leading us all thru a scary, unsure time. I will always remember with aloha and gratitude the cooperative and effective government we all experienced. Thank you Mayor Kenoi and to all who helped make this truly safe and memorable time. Now that letter has not been published yet in the Hawai`i Tribune-Herald and I'm pretty sure it's not gonna go out into the New York Times. What I want to say is that we have many big issues in the County of Hawai`i. Huge issues that are trying to impact and influence our local government. Big issues that will affect all of our lives and our County for a long, long time. These are powerful interest,they all have their right to have interest, but its big stuff. I would like for the Ethics Committee to remember while you're going thru of this is. Yes you have to look at everything, it's your job but to urge prospective. Just like you don't want to make a mole hills out of mountains. You also don't want to make mountains out of mole hills. Thank you very, very much. Ms. Kahakalau: Thank you. 6) Margaret Wile(Hilo)signed up to testify on agenda item 4b& 4c. Ms. Wille: Margaret Willie. I'm here to speak as an individual and I'm speaking on items b&c. which I think is connected and one should be able to speak as six(6)minutes but if you'll let me know when three(3)minutes is up I will transition. What's most important to me is that we really move thru this quickly. I feel time is really of the essence here. This is like a • wound that's allowing to fester and grow and grow and I say this for the public, for the County, for the Mayor. I think we need to move on and it's really.. I just implore that and I do see that this is really an initial review I don't really know exactly what that encompasses. Next meeting isn't until July, so I just that's probably the most important I have to say, I really feel that's important to go on. I also urge you not to have executive sessions,there's something that I don't know. I don't see that executive session is certain, for these items that we're here to represent open government and transparence and it's really because of the lack to that,that we're here today. The inability of the press be able to get records. The failure of any checks and balance,how did we get here? I urge you all to model that and be exemplified that this significance. I was glad that Counsel Yoshimoto urged that to recuse himself and instead have special Counsel which the County Council did agree to. I not sure what your plan is,but I don't think that Mr. Yoshimoto should be present for the discussion on either, on any of the items that he's recused himself on. He should not participate in any way. The question, one question that came up during the Council meeting was recusal and what if one of you all recused yourself. I asked well does that bump this up to State Ethics commissioner,what happens and they know that would not be the case. So I said well, so we wait for the Mayor to appoint another member or two. It was sort of well, I guess that's the way it is and that brought me to really should the Mayor be asked to step aside while you make your decision while we resolve this as quickly as possible. Which would mean that if someone were to recuse themselves now or some point that it would be Wally Lau,the managing director would be the one that does not do that appointing. I think also then just under that question is how would you treat anybody else. How would you, if it was anyone else,what would you do in that case. So, I think really what's before you is to keep it simply in my mind. You know here what the Code provisions,were there actions that were inconsistent and what if you do find inconsistencies. What are/should be the appropriate penalty under the mitigating circumstances. To me that would be the hard question the mitigating circumstances going both ways. How you weigh that and thinking about that. I also would encourage if you have any recommendations to the Council so we look forward and maybe that would be a future agenda item. Ordinances to make it clear that there can be more a disclosure. Perhaps less power with the Mayor, I mean basically you have one person in such level of control and thing that comes up here to me is perhaps it should be that Board members are chosen by in another way whether it's the Council. One person from each district is ordinarily, if you had each Council member,you know it's always very divergent.Not get into allow for predicament where you have a case you will recuse yourself,you have the same person that's being considered appointing them. I do want to make a few comments about you talking about another member of the administration and the petition. The County officer by not allowing the first officer or continuing to allow the first officer to permit something that should not have been permitted. You know, it's I think most or I believe all this went on before that person came into office. It is very intimidating, I mean just this we right now have those firemen who spoke out and were let go. They were suspended right now pending that for voicing their opinion and criticizing their department. In fear of losing one's job and I think that there is atmosphere of intimidation. There is a lot of I guess with this administration very much a team. You're on the team,you're not on the team. I don't happen to be on the team and I feel the results of that. I think that I feel that we, how can we use this really as an opportunity to be a better place and better people. I feel that the Mayor's working on this and I think we all can do the same. Thank you very much. Ms.Kahakalau: Thank you very much. 7) Peter Risley(Kohala)signed up to testes on agenda item 4c,Petition No. 2015-03. Mr. Risley: My name is Peter Risley of Kapaau. I worry about the Democratic process on our islands. I have noticed that a small islands or small states that are multi-ethnic, multi-racial states tend to evolve to authoritarian regimes. Noted with and evolved ruled by the great man who assumes more power because of the institutional regimes that control the populous. Democracies of course is opposed to such regimes. If we wish to remain democratic, if we wish to become a profitable sustainable economic unit,we must be a free people no matter who we are and what we look like. It's about checks and balances. That's what a functional democratic process is and the present ethic committee has failed Hawai`i. Without the checks and balances, we need,we should become a failed democracy. That is what is at stake. People of Hawaii, I call for a crusade for democracy without re-establishing correct governmental checks and balances we shall fail. We shall economically,we shall fail socially and fail our democratic future. I suggest we need to limit the power of the Mayor. Other Counties across this nation do not allow such powers. As the Mayor has here and that is not a condemnation of the present Mayor. The institutional bureaucracy of our island. If proper checks and balances assisted,this present situation would not have escalated to its present disaster. I do not think we should move on. No. We should use this crisis to repair a failed system. Please consider this crusade for the Democratic renewal of our beautiful island. Let no man become the great man. Let all Hawaiians people become great men and women. Re-establish democracy. Power to the people. 8) David Cottis(Kohala)signed up to testify on political corruption. Mr. Cottis: My name David Cottis. The issue before us today is just a tiny speck on a small(inaudible)of huge iceberg of rampant political corruption existing under surface of public awareness. Here at the local level, it can take the form of peer pressure and cronyism. I'll scratch your back if you scratch mine. In today's particular instance,the Mayor has sometimes been regarded as a bully. His successful pressuring of Council members became apparent were there appalling approval of the hundred million dollar incinerator. Younger aged politicians are especially vulnerable to such pressuring because they have selfish ambitions to climb the political ladder. This is nothing compared to what's going on in Honolulu at the State level. For example, Monsanto and the other gigantic GMO/Biotic corporations have virtually bought off our State government as well as the University of Hawaii. Hence we see our two(2) State Senators Green&Rudderman demoted from their position of power so that Monsanto can force the State to force us to bring in GMO here to the big island. Yet even this is peanuts compared to what's going on at the Federal level. That's what Politian's literally are eliminated if they don't play the game. Our late senior US Senator Daniel Inouye called it shadow government. Strings are pulled which have no relationship whatsoever to US Constitution that is supposed to be the supreme law of our land. This is why America is looking ever more like a third world country with a small unethical wealthy elite exploiting vast poverty stricken masses. We no longer live in a democracy,we live in a (inaudible). We have only ourselves to blame since many of us seem to be blind to higher values of life. Blind to what makes life really worth living. Until we whom you represent, get our own priorities in order, how can we expect you to do so. It's simply a case of the blind leading the blind. Mahalo. Ms. Kahakalau: Thank you very much. 9) Dan Cole(Hilo)signed up to testify on agenda item 4c& 4d,Petition No. 2015-03,2014-08. Mr. Cole: Good morning Board. I also liked to add that I've confirmed that I will be testifying on three(3) items here to include the first gift disclosure. My name is Dan Cole and I am the petitioner on the petition 2014-08 that I filed last year in June.. As an event to protecting correct political candidate Emily Naeole. You'll notice that the Board of Ethics allowed a petition against a non-county member which they had,they knew and knowingly had no authority(inaudible)over as a result of my previous petitions to place on to the agenda of the Board of Ethics where no identified violation of the County Charter was mentioned. In addition, by doing so this caused.Emily Naeole's loss of personal and professional respect and rebuke in the front page of the Hawaii Tribune- Herald. The Board of Ethics at that time knowing and knowingly under Counsel of the Corporation Counsel did commit extortion against Emily Naeole, a political candidate under Hawaii Revised Statues 707-764. In order to cause her and altered the outcome of the general election of the United States of America in the sovereign State of Hawaii through extortion. I brought this up to the County and numerous Council members and as you all know I've been appearing before many Boards and Commissions and the Council with my caveat. I bring forth this information as requested by and in accordance with United States Code Title 18 subsection 4 misprize felony to bring forth actual knowledge of felonies committed against the United States. Altering a general election for that purpose is a felony under the State and Federal RICO (Racketeering, Influence, Corrupt, Organization)Acts as defined by eighteen(18)USC nineteen sixty-one(1961). The Board at the time, recused themselves in violation of Hawai`i County Charter and in violation of the Hawaii Board of Ethics Rules and Procedures which has the effect of law. By recusing themselves and knowingly that they would be out of office and without the authority of this Board to act on them,they prevented my petition from going forward. Therefore, depriving a person of the United States their rights and freedoms as guaranteed by the Constitutions of the State of Hawaii and the United States. To petition the government in redress of grievance. I understand fully that this Board will find that Petition 2014-08 is mute as all the people involved in the petition are no longer with the County. However, under the rights and freedoms of guaranteed by all people, I demand this is a demand that this Board go forth in legal fiction to bring forth evidence for the filing of criminal charges for misdemeanor violations of the Hawaii County Charter for which the Hawaii County Police Department do have authority and jurisdiction over. Forward information and evidence to the State Attorney General and to the US Attorney office for violation of federal racketeering and corrupt organizations act. Deprivation of rights under the color of law, violations eighteen(18)USC 241 and 242 of a personals privilege, I mean this is my demand. Failure to do such and have this Board take up petition in their own account to bring forth such evidence for filing will be smoking gun evidence of the corruption and the existence of an enterprise engaged in public corruption that influences,controls and extorts. Elected officials, employees, and judges and officers of the Courts of the State of Hawaii. In second, I am speaking on Petition No. 2015-03. This is all been brought before while I've heard people here is one Councilman mentioned how could we go through this. Somebody mentioned the CIA involvements and somebody's mentioned public corruption. I filed and have been filing numerous petitions,there's tens of thousands of pages of documents and verified documentation as Corporation Counsel Yoshida will verify himself as requested FBI assistance and the assistance of the US Attorney to delve into this corruption. However,there was no follow through as he was chairman of the County Council. What you don't know is the extent of which Mayor Kenoi was actually involved in corruption. You think his frisk in the hostess bar was something, Mayor Kenoi and others were involved in money laundering of tens of millions of dollars of Hawaii County bonds. Here's just one of example: On February 24, 2011 under the signature of Nancy Crawford and Mayor Kenoi an offer was made to the Bank of Hawaii sole source without any open bid for the sale of Series A bonds in the denomination of ten (10)million dollars on March 2 with a maturity date of September 2. The Bank of Hawaii received the documents and confirmed the purchase. Confirmation was made and said. Low and behold, Series B bonds was issued to the Bank of Hawai`i,not a Series A their shadow bonding. By using a Hawaii or a municipal account,therefore the money is held and was bought. The bond was bought by a numbered account apparently from Bank of Hawaii. On that date,there was no authorization for that bond by the County Council. There is no known authorization by the County Council. The bond was sold on very same day the money for ten(10)million dollars was transferred from the Bank of Hawaii to First Hawaiian Bank. Held in a CD account for the sixty (60)days or hundred eight-four(184)days of bond. So what the Mayor was doing is issuing bonds and selling bonds to a non-competitive bid. The Bank of Hawaii numbered account would buy the bonds. The money would be transferred from the Bank of Hawaii to First Hawaiian Bank. Placed in a certificate of deposit under the general fund of the County of Hawaii. Not the under the actual bond or what project it was designed for. Upon maturity of the bond,the money would therefore transferred back to Bank of Hawaii in payment of bond. Therefore, in the money laundering scheme what you have is squeaky clean money of a ten(10)million dollar return on investment of a municipal bond. Under Hawaii Asset Protection Act that money could therefore be placed into the asset protection program. Corrupt officials could receive anonymously from the trust money paid to them directly in monthly, quarter allowance. Could it be that maybe Mayor Kenoi was using the Pcard of the people's credit in order to float money until he got a free money from this trust? To add to this,the audacity of our Mayor to use his card in a hostess bar. I was military most people do, hostess bar etiquette one oh one. Cash only. Come on folks. The proprietors of these establishments are very well aware of laws and regulations. When you have a high level profile political candidate in there. They know there's some she-bye going on. So where's these selfies of the Mayors frisk. We have come to the point now that somebody mentioned the CIA stuff. If you look at the history, of the Bank of Hawaii you'll notice there was a person Marilyn Dunhum. Who in fact was the escrow officer and allegedly the bag man for the CIA and apparently the same avenue of these bonds sale and laundering were the same resource and assets used then. As you all know Marilyn Dunhum is the grandmother who raised Barack Obama. Could it be that our Mayor was using the knowledge and authority that nobody would touch him from fear that this would come out. Ms. Kahakalau: You said that you had a third agenda item that you wanted to speak to. Mr. Cole: What I am bringing forth here is for years I've been trying to expose these gift disclosures and corruption in the County. I'm been before the Boards and many times the same thing has happened. The Board will recuse themselves. Had the Board accepted my petition and allowed my petition when I filed against the Mayor and Nancy Crawford for these illegal bonds by using their authority to make a profit for the Bank of Hawaii and others. That was not given to all the people. That was not heard because one of the Board members recuse themselves because he was on the bowling team of Nancy Crawford. He did not want to jeopardize his position on the team. That is why he recused himself and the petition could not be heard. So I'm am requesting that I understand my petition will be denied as mute. I'm requesting that these things go forth in legal fiction in formal hearing by this Board and the evidence that I have on file here., extensive evidence will show pattern and history of racketeering and corruption organization act for which we can now expose this and recover the people's funds and monies. In addition, I'd like to point out that Mayor Kenoi and the County of Hawai`i is also extremely corrupt because you only need one thousand two hundred fifty signatures to impeach an elected candidate according to this thing. However, I had to go to court in order to get the court to recognize the County of Hawaii is in violation of the fourteen(14)amendment because all petition papers must be obtained from Hawai`i County Clerk for impeachment or recall. The Hawaii County Clerk has no petition for impeachment. Therefore you cannot petition the government in redress a grievance. Today I just spoke with the County Clerk and they are now looking into a preparation in order to prepare the required documents as identified in the County Charter so that an impeachment petition can be forwarded. As Mayor Kenoi has already admitted his mo nonfeasance, malfeasance, misfeasance and administration and office. Upon the verification of the one thousand two hundred fifty(1,250)signatures, such petition shall go to court. The Third Circuit Court shall sit without jury and if the charges are sustained as he has already admitted to then the office is declared vacant. I thank you for attention. Ms. Kahakalau: Thank you very much. Mr. Cole: I hope you do the right thing. I've got plenty of time and not tired not bored. I can do this for a long, long agenda. 10)Barbara Bellovich (Hilo)signed up to testify on agenda item 4c,Petition No. 2015-03. Ms. Bellovich: Aloha and thank you for your time. I'm Barbara Bellovich. I would like to thank you for first for your time. I know that these things are very time consuming. There been a lot of details presented and you have a lot details in front of you. I don't want to belabor points that have already been gone over. So just let me say, I came here from the other side of the island because I just want to let you know that I am as are everybody I know completely disgusted. This is to C and to some extent B. Disgusted with our Mayor behavior. I'm embarrassed for this wonderful island where I've chosen to live that I love so much. I'm embarrassed for us and I'm personally enraged that my tax dollars. I'm a little old lady and I don't have a lot of money. My tax dollars are used not only property owners but renters to. Everybody pays.Are treated so cavalierly. Whether or not you use the card and pay it back doesn't matter. It's not right. I believe it was known that it wasn't right. I believe much of our Mayor's behavior is not right. I do understand that he's done some nice things. I don't think he's all bad,but I wish that we just put my County and just out of its misery and him to just resign. If not, I will be looking that petition to remove him. Thank you very much for your time. Ms. Kahakalau: Thank you very much. 11) Wil Houts(Kohala)signed up to testify on agenda item 4c,Petition No. 2015-03. Mr. Houts; Wil Houts. I appreciate this opportunity. I come with a voice from myself and those around me who feel about this. With your decision, we have an opportunity to make a statement to set a standard for our civil servants. We want our public trust to be honored. This is where we can make a difference in our local area. We have individuals drawn to a job of civil service where others around them are not making wise choices and they're actually making embarrassing choices. I can only imagine the stress Ms. Crawford and Ms. Sako and others must of felt when they determined they were serving with someone who is making their jobs more difficult and embarrassing. Embarrassing to the people of Hawai`i. I understand Ms. Crawford tried to draw attention to this issue with Billy Kenoi. I can only imagine Billy Kenoi wouldn't listen to a woman cause he didn't. She decided to resign. A ripple effect. I remind you like attracts like. We can have a better place here. Choose a normal type of (inaudible)integrity which is doing right when no one is watching. Please give a chance to attract people. Civil servants who will do their jobs and who we can trust. Attract public servants who will not betray the public trust. Mahalo. 12)Richard Santiago(Kohala)signed up to testes on agenda item 4c,Petition No. 2015-03. Mr. Santiago: Hi my name is Richard Santiago. I've been a life resident here in North Kohala and held a number of positions like a president of a community association. In fact, I named the highway out here Akoni Pule highway. Well I came here today not with a witness statement, but sitting here in the room I believe that what I've got to see maybe be manini in nature but significant to your decision. My long life partner and now fiancé Valerie Stevens and I incidentally we just received our first grandson. She called me from Kawaihae one day very disturbed. She would make the statement in writing and send it to you today or tomorrow. I just called her to verify that this was a fact and that I could say it to you people. She was at the Minute Stop in Kawaihae one afternoon coming home from work and the lady came in to use the bathroom. The clerk behind the desk told her it's only for employees to use. The lady went back and in came a guy bursting thru the door swearing out of his head. She immediately recognized him as the Mayor Billy Kenoi. Who the F... you guys think this is.. Do you know who I am? It was very embarrassing, he was boastful her words were like a bully. Bully and like he treated the women that were there like they were insignificant people. Why I'm saying this is because it happened and I just can't let this hearing go on without you people knowing what kind of a man this guy is. How she and the other ladies in the room that day saw him. That's why I'm in front of you without a written statement. This fact actually happened and Ito believe this Mayor needs to not slapped on the hand. Just a moment before me has stated, I think he should resign. That's all I've got to say and thank you for your time. Ms. Kahakalau: Thank you very much. 13) Toby Hazel(Hilo)signed up to testify on agenda item 4d,Petition No. 2014-08. Ms. Hazel: Oh my god. On mother's day I could spank somebody right. Alright I'm Toby Hazel. I've lived here for twenty-five(25)years and lived in Hawaii for thirty-five(35)years. The last seven(7)years I've been trying to get us a senior center in Pahoa. I involve myself with PCDP and I just, I don't understand how any of this can work. It does seems totally corrupt. It really, really does. I'm calling it now. Baseball, Bingo and Boobs. Baseball. Fifty-four millions dollars in Pahoa at the park and they scrapped away all the dirt and gave it to Bryson. You know how we saved the trees? I got six hundred(600)signatures in one (1)week. I had to stand up to Billy in the public meeting and we stood up and brought a whole bunch of people to stand up to the fire chief. The police begged them to not cut down the three(3)beautiful monkey pod trees in the park. The only shade that's left in the center of the town. What was the big deal about this? They wanted to put a fence right through where the trees were. You know how we resolved it. Finally after all this nonsense,the fence went this way around the tree. We have no access to decision making. Things are a mess on our little tiny local levels where we live because we are systematically held back from saying anything or getting anything done to our needs. We get promises and I'm not saying Billy didn't do some great things. Billy you did some great stuff. Okay, but you also a bad boy. You promised,you promised me personally, I think it was recorded somewhere that we were gonna get a computer hotspot at the senior center in the park. What did we get? We got dinky do dial-up and it never worked. I had to call Jason Armstrong all the time and I hate talking to Jason. Jason does this kindergarten thing with me where he makes me start all the way back at the beginning and go through every little hoop until I forty-five(45) minutes later I can get to the place where I can say what it is called to say. I am sick and(expletive)tired of this. Excuse me. We'll delete that. It's just ridiculous. It is unethical and it is impossible. I would like to request that all the senior stuff be taken out of parks and recreation and given to the department of aging. I don't know who this new guy is that's the head of department of aging. There are five(5)decades of seniors and we need a little bit of service. We can't keep coming to Hilo. Why couldn't we testify from Pahoa today?Why did we have to drive in? We were told no. You have to drive in. This is all expensive and these promises. Clayton promised me and you know thousands of donations were stolen fbr the senior center and thrown away because some idiot woman whose name I can't remember at the moment is the head of the senior centers of all of this island. This is not for vegetative seniors. We have advanced degrees. We want to be able to have key, go in there and have our activities. Stop. Get your foot off my neck. Ms. Kahakalau: Thank you very much. Ms. Hazel: Get your foot off my neck and serve us. Ms. Kahakalau: Thank you. 14)Rachelle Moore(Hilo)signed up to testify on agenda item 4c,Petition No. 2015-03. Ms. Moore: Hi. My name is Rachelle Moore. I'm from Waikoloa. I don't have a speech or anything. This is my attempt to speak to you right through my heart. I'm addressing Petition 2015-03. Sometimes I feel like I'm Alice in Wonderland. I've fallen thru hole and I'm running after politicians who have their hats upside down and are bigger than their supposed to be. This is truly an Alice in Wonderland. Look at your papers and you'll see on the national level we have veterans dying. We have the IRS harassing conservatives. We have pentagon officials, secret service people having sex parties in Columbia. On the national level, I'm from New York. Okay. I don't have to go any further than that then to say New York. Last week.,two major politicians of both parties indicted. They've been in office for over thirty(30)years. Indicted. For what? Corruption. Both we've lost our house and senate leaders in New York. I pick up the paper, I find out my Mayor is going to something called a hostess bar. Now, I'm seventy-two(72)years old and I don't know what a hostess bar is. In my day, they were called strip joints. This hostess bar is nonsense. I can't imagine how his use of the Pcard isn't in violation of a breach of ethics. What would be a breach of ethics if this wasn't the case?For as long, for as long. You make mistakes. Yes. I made mistakes too. We expect our government officials not to make those stupid mistakes. I know what to put on my credit card so my husband doesn't see what's on it. I'm not stupid, I pay cash for hostess bars that I go to. Okay. Humor aside. If something isn't done, I would like to see the Mayor peacefully and cordially resign. Spare us again if someone called us the hemorrhage. If something isn't done, what you're telling the people of the big island is this. You don't deserve anything, anything any better. Are we going to the voting booths?Are we get involved?Like this woman said there's all sorts of problems. You got to go where it's at,you gotta get rid of this kind of behavior. I'm afraid if you don't. We might. Ms. Kahakalau: Thank you very much. 15)Jerome Warren (Hilo)signed up to testify on agenda item 4c,Petition No. 2015-03. Mr. Warren: Good morning. Jerry Warren Naalehu. I am cheated by Billy Kenoi's administration on sewer bill and on my bus rides. I'll start with the sewer. The County runs an illegal gang cesspool in Naalehu. They stared charging me in 2010 when Bobby Command left his newspaper job because Billy Kenoi gave him a better one as a Mayor's assistant. My conversation with Bobby lead to the County start charging us for their illegal system. This is contrary to what my County contract says. Over on the bus in 2010 the County broke their own baggage fee ordinance when they started charging me for my extra bag of groceries. Again,my conversations with Billy Kenoi's assistant Bobby Command only resulted in psychological warfare on his part. The last straw was when Bobby Command asked me what would happen if somebody brought an atomic bomb on the bus. I filed an Ethics Board petition in 2012. They have my documents and I hope they still have them. They failed to investigate or communicate with me. It's a simple matter. Is it legal or not? Any how,they didn't do nothing. Kenoi appointed Board of Ethics acted like a kangaroo court and gave me the brush off. So where is all the money that County extorted from shoppers who use the bus? Kids with skateboards are/were also robbed of a dollar. Where's that money? One time a bus driver swatted me because I wouldn't tell him where I was going. All I said was up yonder. I filed a police report because the bus system violated my constitutional right of privacy and freedom to travel unfettered. When I called administration,Billy Kenoi's assistant in Hilo told me that the County's bus driver had to swat me because I wouldn't tell him where I was going. This irked me because I'm an army veteran and we were told emphatically told to never tell anybody where we are going. Loose lips sick ships. This just illustrates that collective conciseness of Billy Kenoi's administration. Mahalo. Ms.Kahakalau: Thank you very much. I believe this concludes our statements from the public at this point. So we will move on to our next agenda item which is the approval of the session minutes of April 8,2015. There were no further statements from the public. 3. APPROVAL OF THE REGULAR SESSION MINUTES OF APRIL 8, 2015. Motion and Vote: Ms. Kahakalau moved to approve the minutes. Mr. Goodenow second the motion. All members voted aye. 4. NEW BUSINESS a. Election of Officers (Chair and Vice Chair) Ms. Kahakalau: Do we have any nominations or motions? Mr. Adams; I nominate Ku Kahakalau as Chair and Ken Goodenow as Vice- Chair. Ms. Kahakalau: Do we have a second? Mr. Goodenow: I'm forced to second that. That was a quick move there Mr. Adams. I second. Ms. Kahakalau: Any discussion to in regards to that matter? I do want to say that I would be willing to serve right now, but I may have major transitions happening in August that I just don't know at this point yet. While I would be willing to serve,there may be changes coming up in August that will be beyond my control. Just wanted to let people know that ahead of time. It has to do with job in regards to jobs. Any other discussion? Mr. Adams: You all do a great job. I call for the question. Ms. Kahakalau: Alright. Motion and Vote: Ms. Kahakalau moved to approve the nomination of Ku Kahakalau as Chair and Mr. Goodenow as Vice-Chair. Mr. Adams second the motion. All members voted aye. Ms. Kahakalau: I guess is move up to the Chair. Mr. Goodenow moves to Vice- Chair. Thank you for serving and assisting me. Thank you very much. Mr. Yoshimoto: Madame Chair before we go to the next agenda item. Can we take a brief recess so I can transition out and Mr. Murai can come forward? Ms. Kahakalau: Yes. Let's have a brief recess. Thank you. 10:04 a.m. The Board took a brief recess. 10:08 a.m. The Board returned from brief recess. b. Discussion regarding Mayor William P. Kenoi's obligation to file Gift Disclosure Statements from January 2009 through April 2015 as required by Section 2-91.5 (Reporting of gifts) of the Hawaii County Code. Ms. Kahakalau: Before we go any further, I just like to disclose for the record. Personally that I have in the past received a leadership award from Billy Kenoi and the County of Hawai`i. Currently, I'm on the Board of a non-profit that's' admitted P&C proposal. I don't think that will effect anything, but I just wanted to state that for the record. In regards to the agenda item, I believe it was put on the agenda because it something that was made aware. That was brought out in the press and there was an awareness of the public there may be an issue there. We just wanted to see where the Board, if anybody wanted to do a motion in regards to the gift disclosure statements. Mr. Goodenow: Maybe this isn't, maybe it doesn't have to be a motion, but you know I think because there hasn't been any petition or complaint filed. However, it may be a good idea that we send the forms to the Mayor just as an abundance of caution. Say here they are and if you're going to file or not that's your choice. Leave it at that at this time. I guess I'll make that into a motion. I move that we don't really take any other action, but that we do provide the documents to the Mayor. Inform him and ask him to review whether he needs to file any or not. Ms. Kahakalau: That's in the absence of any formal petition at this point and time. Ms. Sweeney: Point of order here. Sorry. I don't know if that's' appropriate. I have a gentleman here who wants to make a point of order on this. Is that acceptable? Ms. Kahakalau; We are advised that's not possible. Ms. Sweeney: Okay. Go ahead. Mr. Hyland; Can you hear me? Lanric Hyland. One of the things in my testimony and part of my petition is the fact that he accepted gifts and didn't document it. Mr. Goodenow: Excuse me. Point of order Madame Chair. This is Ken Goodenow. I just want to say we heard the testimony, but technically only a Board member can make a point of order. There is no petition it is just labeled as discussion. I mean we're not like trying to side step the issue, but no one filed the petition or complaint. At this time, which someone is free to do so in the future, but technically I think it's not in order unless some of the Board wants to ask a member of public a question. It's really not appropriate to have a non-board member make a point of order under Robert's Rules. Ms. Kahakalau: Thank you. I agree with that so thank you very much Mr. Hyland we will get to your Petition 2015-03. Mr. Adams: Alright. So for the purposes of discussion I will second the motion that was previously made by the Vice-Chair. Ms. Kahakalau: Any discussion? Mr. Adams: In our Rules of Practice and Procedure, we're not required to wait for a member of the public to start a petition. We're quite capable of on our own having a resolution and making a resolution that will start the process of having a petition. I would ask this question I was gonna ask for 2015-03, but it actually is pertinent here. I know that there are other investigations are going on at the State level. So I would ask Counsel in particular for the gift disclosure potential investigation or hearing. Is this something that the State is also looking at? That you're aware of? Mr. Murai: I'm not aware of any specifics of any Attorney General inquires. Mr. Adams: Into this gift disclosure piece or on all things. Mr. Murai: I'm not aware of any specific inquiry about gift disclosures. I do point out though that the gift disclosures are not mandatory. They're only required if there is a gift that meets the criteria of the rules. Mr. Adams: Correct. So if we take a look at that right. So if we take a look at what the Code talks about. We actually have two (2) separate sections that talk about it. Right. The first section talks about the soliciting, accepting or receiving of any gift. It gives a whole variety of things it could be a gift. Under and the key there is it's also under circumstances which it can reasonable inferred that the gift is intended to influence the officer/employee in the performance of that officer/employees official duties or is intended as reward for any official action. That's one section. So there's a two parted there, you have gift and you also have the idea that gift is going to be a reward or influence. Then you have the other section is referencing the reporting of the gifts. This is one that I am based on the information we have seen in the news media that troubles me because it does say that every officer/employee shall file a gift disclosure statement by June 30 of each year given the following conditions. It talks about these variety of conditions and then it talks about what you would do with the gift. Then it gives you some of the exclusions from the reporting. I'm not sure in my mind that it's clear to me that 2-91.5 is not a concern here. I would be inclined to, we're in the middle of a discussion on motion. So I won't make a motion in the middle of that. I would be inclined when the time is correct to move for a resolution that would have us take a look at the implications of 2-91.5 given the information that we have. Again I haven't made that motion so this is all discussion. Mr. Goodenow: I really understand and I agree with you in one sense. In fact, I first saw it on the agenda and my initial thought was well we should consolidate it with the other one and treat that way. At this point I mean we haven't been presented, we don't even know, I don't know whether he's actually filed them or not. It's been what I've read in the newspaper, but that's it. So given that there is no petition to really investigate though of course we could Sua sponte do that. At this time well let's make sure that we ask to have all/anything that is filed sent to us by Corporation Counsel. We ask him to double check, see if he wants to file anything and then go from there. This doesn't mean that it wouldn't be on a subsequent agenda. I agree if in the course of an investigation of the other petition 2015-03 it appears to us when reviewing that, that hey maybe this should've been a gift well then it might be appropriate to on our own you know add that to the petition. My initial feeling was I really don't have anything before me except the newspaper reports. I think because of that I suggest we proceed by just requesting the Mayor to review it and submit any disclosures if he has any and take it from there at the next meeting or when we next review it. Mr. Adams: When you say the Mayor do you mean the Mayor's office? What exactly are you asking for? Mr. Goodenow: Well it says for reporting of gifts every officer right. It would be specifically that he. Mr. Adams; So what you're looking just so that is understand you're looking for the statements from the time he took office. Right. So we'd be looking at six (6) or seven (7) statements, six (6) office statements right. Mr. Goodenow: Whatever he feels is appropriate to file right. I can understand maybe his Counsel will/might feel that they don't want to disclose anything so at this time I understand that, but we should hear from them. At this point. Mr. Adams: If can ask Counsel a question. Is there a requirement, I'm not sure that there is but I just want to verify is there a requirement that we have something that we do something to request this information. We don't have to have any type of inquiry under way, we can simply ask for the information. Mr. Murai: Well,the Board has the authority to initiate its own investigation or to file its own complaint. As far requesting information, of course the Board is free to ask that doesn't necessarily mean the respondent is obligated to respond. I hope that answers your question. Mr. Adams: Yes it does. So the motion we have then if I can have that perhaps read back. Mr. Murai; It might be a good idea to either re-state. Mr. Goodenow: So the motion would be to defer taking any action on item 4b, except for requesting that the Mayor, except for sending the appropriate gift disclosure forms to the Mayor. Requesting that he review any gifts and submit any reports if necessary. I'm open to modifying the language there. Mr. Adams: Right. So okay that's the motion, that's the motion I seconded. I would amend the motion in this way. I would also ask that because I believe that the gift disclosure statements when there made, they go to the County clerk's office. I would amend by also asking that the County clerk's office make available to this Board for the next meeting all the gift disclosure statements that Mayor has made during his term of office. Mr. Goodenow: I will agree with that modification. Mr. Murai: For the sake of clarity. Commissioner Goodenow withdrawals his original motion. Mr. Adams withdrawals his original second. Commissioner Goodenow re-stated his motion which was seconded by Commissioner Adams. Commissioner Adams has made a motion to modify which was seconded by Commissioner Goodenow. So we need to vote first on the modification then vote on the main motion. Motion and Vote: Ms. Kahakalau all in favor of the modification which would add the part about the County clerk giving us the information. All in favor of the motion as modified. All aye. Both of the motions have carried. Ms. Kahakalau: So we are deferring item 4b until we get information from the Mayor Kenoi and from the County clerk's office. c. Petition No. 2015-03: Initial review of petition alleging that a County officer 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. Mr. Adams: Madame Chair if I could. This is significant enough if I could I'd just like to state for the record that I see no reason to recuse myself from consideration of this. I just prefer to make that statement. I just want to make sure that's clear. I know that in our rules there are also opportunities for any person to file an affidavit requesting that a member of the Board recuse him selves or disqualify themselves. I'm assuming that we having not heard that I'm assuming that no affidavits been presented asking any of us to do that. Mr. Goodenow: I guess is have to make a motion first that's correct before any discussion. Mr. Adams; I'm sorry don't we have someone who is going to testify on this right, the petitioner. Mr. Goodenow: I wanted to ask the petitioner. Mr. Murai; Madame Chair. May I suggest that we call the parties up to the table and perhaps the first thing the Board may want to do is acknowledge receipt of the petition and acknowledge receipt of the respondent's responses. Ms. Kahakalau: Could we please call the petitioner I guess you're in Kohala is ready already. If we could call to the front over here Mayor Kenoi and his representatives. Mr. Murai: Was the Finance Director. Mr. De Lima: I'm Brian De Lima. I represent Deanna Sako. I'm an attorney licensed to practice law and I did submit on her behalf a written statement. The members of the Board receive our submission? Ms. Kahakalau& Mr. Goodenow: Yes we did. Mr. De Lima: Ms. Sako the Finance Director is here. She's sitting behind me in the first row. Mr. Luke: Morning Madame Chair Kahakalau, Mr. Goodenow and Mr. Adams. The first thing I wanted to say is Ms. Kahakalau I wish you the very best in August. Sorry to hear that you have to undergo that procedure, but I hope everything turns out well. I thank the opportunity to speak on behalf of my client Mayor Billy Kenoi. We have addressed this, the Board regarding our position. I respect the decision of the Board that I've heard thus far to defer until appropriately addressed the issues pertaining to the gift disclosures. Mr. Adams: Sir. If I may. I think we're just introducing you at this time. You'll definitely have an opportunity to speak, but I think it would be after the petitioner has an opportunity. Mr. Luke; I guess I got ahead of myself. My name is Howard Luke. I'm an attorney and one of three individuals/attorneys in the State of Hawai`i representing our client and friend Mr. Billy Kenoi, the Mayor of Hawai`i County. Ms. Kahakalau: Mr. Hyland. Can youhear us? Mr. Hyland: Yes mame I can hear.. Ms. Kahakalau; We wanted to acknowledge that we have received your petition. Mr. Adams: If I could by the way. I would just note that in our rules the fact that it was received by the Board actually constitutes that receipt. We're acknowledging that here, but we did receive it back when it came to the Board. Ms. Kahakalau: If you would like to make your statement now. That would be great. Mr. Hyland: If I may ask Madame Chair. I sent email to Emily a copy of my testimony. Do you have that in front of you? Ms. Kahakalau: Yes we do sir. Mr. Hyland: Okay. If I may get this out of the way. If you could look at page 4. You will see that I have addressed although I did not cite it strictly as section 2-91.5 at the bottom of page 4. I addressed that issue and I assumed that's part of my petition. That the Mayor received those gifts and I'm alleging that some of them were illegal. I assuming that will be discovered as part of your ongoing process. Ms. Kahakalau: Thank you. I see the double dipping and failure to report gifts in section F there. Thank you. Mr. Hyland: Okay. Shall I just start then? Mr. Goodenow: Perhaps if I could interject Madame Chair. Mr. Hyland in reading the testimony presented by Mr. Kenoi's attorneys. There is a discussion about the fact that there is a pending criminal investigation. I'm not saying that we're not gonna take action. I think we have to proceed, but if I were to say that given the fact that there is an investigation would you object to deferring this matter pending some sort of outcome in that matter. Would you object to that? That is my question. Mr. Hyland: I would object in the strongest of terms. The reason why I would object in the strongest of terms is may I also ask. I sent again to Emily my response. Mr. Kenoi's attorney did not have professional courtesy to send me a copy of what he submitted to you. On the other hand, Mr. De Lima did have that professional courtesy and I responded to Mr. De Lima's statement which he presented to you. Do you have a copy of my response to his statement. Mr. Goodenow: Is that in your testimony? Mr. Hyland: No. It's a two (2)page response. It's separate from my testimony. Mr. Goodenow: I don't recall. I'm sorry I don't seem to have that. Mr. Hyland: Maybe Emily can say whether she gave it to you or not. Mr. De Lima: I don't have it either. Mr. Goodenow: Mr. De Lima doesn't have it either. While we're looking that if I could ask. Mr. Hyland: Let me finish my statement at least. What I did in my statement to you was finally Mr. De Lima cites the administrative rules of the County of Maui. As thought that means anything to us. That the Board should dismiss charges against Ms. Sako because the matter is under investigation by the Attorney General. With all due respect, the Attorney General himself disagrees. He was quoted on page five (5a) of the April 7, 2015 West Hawai`i Today article by Nancy Cook-Lauer as saying quote "Chin said his office could conduct its investigations of criminal wrongdoing as the same time the Ethics Board and the County legislative auditor looked into administrative breaches". I would object in the strongest of terms if you were to delay this any further. I think you heard several citizens who testified previously that it's a cancer in our body politics. We really would like to get rid of it and I would also like to commend the three of you for not recusing yourself and agreeing to deal with this situation. Mr. Goodenow: Mr. Luke and Mr. De Lima would you on the issue of the ability of the Mayor to respond pending the other investigations. Would you, could you give us some more insight on that and on your position. Mr. Luke: I think the County of Maui does have such a rule that any administrative proceeding can be held in abeyance until the resolution of a criminal investigation by either the State of Hawai`i, Department of the Attorney General or by in the jurisdiction which I general practice in the City and County of Honolulu prosecutors office. The same would apply here, I think the absence of a rule the Hawai`i County does not necessarily mean that the Pro Se should be ongoing. With respect to what Mr. Chin has indicated. Very earlier on Mr. Chin said yes you know the Attorney General could conduct an investigation. I will tell you one is now under way. I'm not going to discuss what's happening with respect to that this morning. I think it's far outside the purview of them of this hearing. I ask that you recognize what is generally accepted throughout the State of Hawai`i that once a criminal investigation is under way. That doesn't mean that this entire proceeding be swept under the rug. We're not asking for that. We just ask that the observance of due process occur and that Mr. Kenoi be allowed to have the Attorney General's investigation run its course. If necessary, if there's any criminal proceedings that arise out of that investigation. That those also will be resolved prior to any decision made by the Board of Ethics of the County of Hawai`i. Mr. De Lima: Thank you. If you notice in the letter I submitted to the Board. I pointed out that the trust of my comments is that the initial review. The allegations against Ms. Sako should be dismissed. If you're not going to dismiss the allegations against Ms. Sako then I pointed out that there this fundamental concept of administrative hearings were there is an investigation. General the administrative proceedings is deferred or dismissed without prejudice for the conclusion of the investigative law enforcement function. You don't want to do is everybody stepping on each other's toes. There is subpoena power this Board has but frankly a more comprehensive review is being undertaken by the Attorney General's office. For Ms. Sako, our fundamental point is that she came on board as the Finance Director sometime recently in the context of Mayor Kerioi's tenure. I think there's no dispute that the finance department has done its job in regards to recording all the monies that are spent, the records are there. She responded in way that she has to respond to freedom of information request. In the due course through the advice of the Corporation Counsel. So really is no merit in continuing Ms. Sako as a party to this case because the actions that are being complained about are not subscribed to Ms. Sako. She did her job as Finance Director. We urge a dismissal of the allegation against Ms. Sako. She's here, she's done her job and that's where we're coming from. Mr. Adams: If I might Madame Chair. Counsel, the Vice-Chair was asking about the deferral. Is there any light you can shed on this question? Mr. Murai: Specifically, what Commissioner Adams? Mr. Adams: If we're going to consider tabling this petition because there is an ongoing investigation at the State level, criminal investigation at the State level. Is there anything that prevents us that you're aware of from continuing on with this administrative ethical/ethics proceeding that in parallel with the criminal investigation? For example, there is a Supreme Court case, Garrity that talks about the need to make sure that whatever the narrow administrative hearing,that is proceeding does not. If there are any statements that are made in evidence as a part of that. If they're not part, if it's not conducted with due process in mind or the proper due process in mind. Those statements are not allowed in a criminal investigation. 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That we at least have it ourselves at this point, but I agree in the big picture we really can't get into adjudication or anything while the criminal matters pending. That's my thought on that. Mr. Adams: I'm not sure that my motion actually prevents us from doing exactly what you'd like to do. Mr. Murai: Madame Chair if I may. I just took a quick look at.. Board member Adams couched his motion in a form of motion to table. According to Robert Rules of Order, motions to table are not debatable and vote is taken immediately. While I have the floor and your attention, I do want to point out based on the earlier discussion. Mr. Hyland says that he never got Mr. Luke's memo. Mr. Luke: Actually it was Mr. Eddin's micro consumes. Mr. Murai: Mr. Eddin's memo and I believe that's because the under the Boards rules, all communications is confidential until it is received and is acknowledged by the Board. I do want to point out in all fairness to the Mayor, the copy of Mr. Hyland's petition he was provided with didn't not have his name and address on it. Rules also require that the personal information be redacted. Now that the documents have been received by the Board, receipt has been acknowledge the Board may authorize the release of that information to Mr. Hyland. Of course, due process dictates that all parties know what the other side has filed so they may formulate a response. The Board may query whether it is prudent or fair to ask for people to take positions on what the other parties have filed without an opportunity to consider the matter and respond. As to Board member Adams request for Pcard information, I believe that's public information and that's something that staff can probably acquire. Ms. Kahakalau: I have a quick question for Council. The release of information will that require a motion? Mr. Murai: No. I believe that's within the Board's discretion, but I also.. because I'm not familiar with this Board's procedures and I'm only here for today. I don't know at what point, the Board ask the parties. If the matter is to be set forth as formal or informal hearing, one of the things I understand the Board does is request that any party wished to have an open or closed hearing. I don't know when the Board typically makes that query, but it may affect what information becomes public between now and whenever this matter may be brought up again. Mr. Adams: Typically, we would make that query when we receive the petition and it would be made of the subject of the petition not the petitioner with having that particular call. Ms. Kahakalau: At this point, one of the questions we could ask to both Mr. Hyland, Mr. De Lima.and Mr. Luke is if everybody is okay with the release of the information. Mr. Murai: No. Not that specifically, but I guess fundamentally number one as Board member Adams pointed out. Typically, at the first hearing or at upon filing the requestor or respondent is asked whether they wish any hearing to be open or close. Perhaps now might be the time. Mr. Adams: If I could Madame Chair. We have the motion, perhaps is need to... We have a motion that we are considering and discussing even though we're not supposed to be discussing it apparently according to the rules. I can always modify the motion to say deferred as oppose to table. Mr. Mukai: Right. Tabling is a form of art. You're withdrawing your motion... Mr. Adams: Withdrawing the motion and assuming that's okay with the person second. I'm making the motion that I made before with the verb deferred as opposed to the verb table. Ms. Kahakalau: Do we have a second for that? Yes. Thank you. Mr. Goodenow: Second. Mr. Adams: Given that we're in the midst of talking about that. I think that process of determining whether or not we have a closed hearing is something that we could take up assuming for the sake of argument that the motion passes. The discussion about whether it's an open or closed hearing would be something we would take up when we would then take up this petition again. Mr. Murai: Of course that's possible. As I said I'm not familiar with this Board's normal procedure. Ms. Kahakalau: My specific question was in regards to the release of information if this would be the proper time to ask if everybody consented to releasing information. Mr. Murai: Certainly, the parties I believe are entitled to see what each other has filed. I think the question of whether it's a public record would rest on whether it's an open or closed, whether the hearing be one is open or closed. Ms. Kahakalau: Thank you. Mr. Luke do you have, are you in agreement to releasing the information. Mr. Luke: Madame Chair this is my response. In the spirit of cooperation, we certainly do not have any objection to the request made of the County to send you the information that you deem/would like to see for purposes of your investigation. However, I would simply ask that you notice us so that we have to respond to those request. I'll tell you the reasons why. In the first instance, the Attorney General's investigation has the integrity of being a confidential investigation. That's true of the County of Hawai`i's prosecutor's office. All of the neighbor islands and the City and County of Honolulu. The United States attorney's office and the Department of the Attorney General's criminal division. I don't think I can speak for them. They will speak for themselves, but I can tell you that no one is privy to their investigation, ongoing investigation that's being conducted. Not even Mr. Kenoi's attorneys. Ultimately, depending on the resolution of that investigation if there's criminal proceedings that then ensue. Certainly we would be allowed under the rules of discovery to obtain the documents to which we are entitled. This is all ask,that please in your due diligence and in discharging your duties as members of the Board of Ethics that you provide us please with notice and time enough for us to either object or comment to anything that's requested. The second reason for that request aside from fundamental notions of due process, is that as I sat in the back listening to the number of people testified. I appreciated you know the openness of our democratic process and the different views that were expressed this morning. I also feel that I have come into a forum where which I did not expect because in representing Mayor Kenoi I heard a lot of people criticize his use of the Pcard. I've heard him before he even contacted me as being a member of the team. Really do a major mea culpa and penance before the media. He will continue to do so. This morning aside from some acknowledgment of the good things he's done. A lot of the comments that were pejorative went beyond I think the Pcard I think. As indicated you know when his family was attacked and when other matters seemed to be irrelevant to the issues at hand. Some of speculations from what went on with respect to the particulars of the mis-use and I won't call it miss use of the Pcard. In the sense that timely disclosures were not made perhaps or payment was not made immediately upon some of the expenditures that pays the Pcard. Some of the true based upon my investigation. I'm not here this morning to address those things. People talk about their own experiences. I too am a veteran, in the sixty's (60's) I served our country. I was surprised at what heard and I strongly disagree with some of the representations made with respect to Mayor Kenoi. I will say this that if you please, in conducting your investigation as far as you will, please give us an opportunity at least to review what it is that you request an opportunity to respond. Ms. Kahakalau: Thank you. Mr. Adams: Our rules do require twenty (20) days. Ms. Kahakalau: Mr. De Lima? Mr. De Lima: Thank you. My client would like to the proceeding to be open. The bottom line again is there needs to be prima facie showing that someone has in other words. You shouldn't be proceeding with Ms. Sako unless there's a prima facie showing that she's involved in some way, somehow. In other words, you don't do an investigation to determine whether there's evidence just because someone says I want to name her too because I think somebody should be terminated which is in essence the petition. There needs to be a basis for it. I know you need three (3)votes in order to dismiss because you only have three (3) members right now. To me she should be dismissed, she shouldn't have to be entwined in this. In terms of your specific question, it should be open. Now, in terms of requesting records to be frank if you defer, you should be deferring. You shouldn't be doing anything other than deferring because Mr. Luke points out. When there's a criminal investigation, the Attorney General issues subpoenas. Subpoenas make specific requests. Now, if we knew what was being subpoenaed, you basically know the thinking of their administrative search in terms of the records being requested. Let them do their investigation without interference, without involvement of an administrative agency. That's my only suggestion, but in terms of my clients she wants it to be open. She's not asking for any confidential close proceedings. Ms. Kahakalau: Thank you Mr. De Lima. Mr. Hyland regards to releasing any information, can we have your position please. Mr. Hyland: I am for complete, open disclosure certainly of anything which I produce and I would also like to comment that there is a clear cut body of constitutional law called "Situational Immunity". Anything that's discovered, for instance as a retired law enforcement officer I can tell when cops are investigated, you can't use any testimony because you can compel testimony. You can't use any of that information in a criminal proceeding. That's well established law, so you don't really have to worry about that particular conflict. You do have to worry if you were the Attorney General about what Mr. De Lima is raising, except the Attorney General says that he doesn't have any problem with it. Ms. Kahakalau: Thank you. Mr. Adams: So we have a motion to defer the petition pending the Attorney General's investigation, a criminal investigation. I think we've heard that for the purposes the question was whether or not there is an additional piece of that, which needs to talk about our ability to request information while we have the petition deferred. I'd be inclined to say that I think we can ask for what we want to ask for underneath the motion already. I don't think that prevents us from doing that. Unless there's a desire to amend the current motion, I would suggest we might be able to vote, but that's your call. Ms. Kahakalau: I kind of have a... I'm a little hesitant about doing a concurrent investigation that may interfere in any way with the State. I really would like make sure that, you know on all levels that all investigations are full,, fair and unbiased. I would be inclined to let the criminal investigation run its course. Pending on the outcome of that, then move forward with whatever we need to do once that part has be determined. That's kind of where I'm sitting. Mr. Adams: If I could. I just ask that there's anything that Counsel has that he can add to what we're talking about. Mr. Murai: I don't have anything to add. I don't have anything at this point. Mr. Goodenow: Point of information. I'm not to be a stickler, I was the County clerk. I'm just curious, I think Ms. Marks right Kerri right. You're filming behind in the staff area. I think it's normal procedure that that's not allowed. We have to treat the press fairly and I think that always was a rule of the chamber. Perhaps I would be best if you went outside. Ms. Marks: No one's every asked me that. Mr. Goodenow: I may be wrong, I just bring that to the staff's attention. Ms. Marks: Each Commission sets its own rules, it's not Council rules. Mr. Goodenow: Well. Its use of the Council Chamber. May be I should've have brought it up, but. Ms. Marks: Would you like me to move out. Mr. Goodenow: I think until I can consult with Mr. Yoshimoto who is the regular attorney, I suggest maybe you keep out of the staff area. Thank you. Ms. Kahakalau: Thank you. Is there any further discussion in regards to Petition No. 2015-03? Mr. Murai: Madame Chair I think the first thing we need to do is vote on Board member Adams motion. If discussion is going to close. Mr. Goodenow: Defer right? Ms. Kahakalau: Yes. For the record, do you want to re-state your motion before we vote one more time? Mr. Adams: I move to defer Petition 2015-03 pending the... I think I said completion I'm not sure that's the correct phrasing. Pending. I'll open that a bit little more pending the... Mr. Goodenow: Disposition. Mr. Adams: Pending the disposition of the Attorney General's criminal investigation. Ms. Kahakalau: And then we had a second by Mr. Goodenow. Mr. Goodenow: Yes. Motion and Vote: Ms. Kahakalau moved to defer Petition No. 2015-03. Mr. Goodenow seconded the motion. All members voted aye. Ms. Kahakalau: Mr. Hyland I would like you to know that you an opportunity to file memo in regards to that motion. If you choose to do so. Mr. Hyland: I thank you for that and I certainly will be doing so. Mr. Murai: Madame Chair for the sake of clarity of the record. I also take it then that Mr. De Lima's motion for dismissal is also deferred or is it denied? Mr. Goodenow: Even though I feel that's probably warrants dismissal, a motion was to defer the whole resolution. The whole thing has been deferred and I appreciate Mr. Adams comments. Even though is seems like there's probably nothing there we don't have even a document. Some of the representations about providing the information as requested. We really don't have anything. It sounds like Mr. De Lima made some very good points. The motion was to defer and that's where we're at is my feeling. Mr. Murai: So it is to defer all matters then? Ms. Kahakalau; Thank you very much. d. Petition No. 2014-08: Initial review of petition alleging that County officers or employees are in violation of Section 2-83(a)(3) of the County Code of Ethics because "I was denied courteous, fair and impartial treatment" and "[ally interest is to expose an enterprise of organized public corruption within the Hawaii County Government." Mr. Goodenow: I'm sorry Madame Chair and sorry Mr. Cole but could we have a brief recess? Ms. Kahakalau: The Board will have a brief recess. 11:09 a.m. The Board took a brief recess. 11:25 a.m. The Board returns from brief recess. Ms. Kahakalau: I read previously. Counsel do I need to read it one more time? Or do we need to wait for anybody else? Mr. Murai: You don't need to read it one more time. Mr. Cole: I would request that it be read into the records so it is public the entire petition. Mr. Murai: I do note I. Was Ms. Schoen here earlier? She's not going to appear. Ms. Kahakalau: We didn't see her. So I will re-read the motion I read it prior to the break but since we're starting out now. I have no problem with again we're on item d. Petition No. 2014-08: Initial review of petition alleging that County officers or employees are 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 Hawai`i County Government." We have Mr. Dan Cole. Aloha. Mr. Cole: Yes. Is it my turn? What I am doing, I believe the previous statements and testimony and other items conversed here brings extreme focus to my petition. It comes to our governances, the employees or elected officials have fiduciary obligation to the people who have contracted them by their vote. Now, I understand that in Hawai`i I've been since the early sixty's (60's). We have this thing of assenting- silence according which is a legal doctrine. Nobody says anything, nobody makes anybody lose face. Okay. The example is we heard that our current Finance Director shouldn't have charges against her because she's only been in office a small time. However, I just confirmed with her, she was the assistant Finance Director the whole time that Nancy Crawford was in her position. So it comes to who know what and when was it known. I will guarantee you this is called the big island, but it's a small community. The coconut wireless was buzzing alive I'm sure with the Mayor's presents in a hostess bar across the street. It was known to a lot of people in the offices, but people keep quite that is the corruption. The overall racketeering influences and organization I'm trying to expose is. People are suppressed. Now if you notice in all my previous petitions before the Board, there on file here. All this stuff about the corruption names and dates are the same people were exposed many times. The same situation were my petitions were pretty much ignored when Board members would recuse themselves from most Manini and smallest of reasons. To not allow the petitions go forward like in the case of Jay Kimura, our prosecuting attorney. Lincoln Ashida, I mean they just oh one went to church with him. The other one was actually his brother-in-law. So they were never heard the day of light just like this one here. The Board members and the people that this petition was assigned against apparently are no longer under the authority of this Board. Now that in its self by having that deferral is equal protection of the laws and equal governance of the laws. By allowing a group of people to have such authority to recuse themselves and defer any obligation legally. The Hawai`i County Charter has the effect of law as does the Rules of Procedure of this Board. It is a misdemeanor violation of the Charters. The Hawaii County Police Department does have authority over that and therefore I am requesting and demanding my rights that this Board go forth in legal fiction. In other words you can use case to question and gather evidence for the purpose of initiating at this Boards action. The proper misdemeanor and proper filing with the Hawai`i County Police Department, the State Attorney General's office and the Federal Authorities. The action that was so egregious were a person, I myself have attempted to file numerous petitions as you know and I was required to go thru every circle and hoop„ I was denied this, delayed this and was not told that my petitions were even on the Board like this one here. I knew nothing about it and except I got a letter say oh Mr. Cole as you know your petition was. No I didn't. When I requested the actual document and letter, which would have a computer document file as generated on. There was no letter, so again this is the second time such as happens, actually it's the third time. So what you have is you have a pattern and history under the Hawai`i Revised Statute as I state here. Hawai`i Revised Statutes 707-764, a public servant or public official taking an action or not taking an action is act of extortion if that action or non-action deprives the person of their rights or privileges. As what this Board members done. So again I understand that the Board will dismiss the petition as having no authority, but under their own authority they can go forth in legal fiction. There's no doubt whatsoever after all these years of filing and these documents about the corruption of the County had a former Board member not recuse them self from being on Nancy Crawford's bowling team. We may have known about Mayor Kenoi's expenses many years ago. We surely would've known about all the tens and millions of dollars of fraudulent bonds that were issued. I again have gone thru extensive efforts as you'll note tens of thousands of pages in the County clerk's office and other places as one of your Board members will attest to. I'm quite prolific at that. Mr. Murai: I'm sorry Mr. Cole. ][ don't mean to interrupt you. I was waiting for a pause, but I just wanted to confirm that our Kohala connection. Madame Chair. Sorry Mr. Cole I didn't mean to interrupt you, but we want to make sure that. Mr. Cole: As I've said before if you're in a hurry in life, you're in the wrong part of the world to be. Mr. Murai: I ask that you hold your thought for a second. Mr. Cole: I'm not tired or bored. I can do this all day long. Ms. Kahakalau: Do we need to take a recess? Mr. Murai: Why don't we just take recess in place then? Ms. Kahakalau: Recess in place until we reconnect with Kohala. That's currently being tried. Is that correct? Okay. Thank you everybody for your patience. Mr. Murai: Sorry Mr. Cole, I didn't want to break your train of thought. Mr. Cole: Not a problem. In fact I thank you for giving me the ability to reload and revamp. Double edge sword to be sure. Mr. Goodenow: We can't reconvene until it's establish. Mr. Cole: Gotta love technology. Mr. Murai: Under the circumstances, we can. 11:31 a.m. The Board went into recess. 11:40 a.m. The Board returned from recess. Ms. Kahakalau: We would like to reconvene just to establish that we're going to take a recess for lunch at this point and time and wait for the re- establishment... Mr. Cole: Do we have time for reconvening? Ms. Kahakalau: Is thirty minutes sufficient for lunch for everybody. Yes? Do we need a motion for that? We're go on a lunch recess until 12 p.m. Mr. Adams: Thank you for waiting Mr. Cole. Ms. Kahakalau: Again thank you for your patience. We apologize. 11:45 a.m. The Board took a lunch break. 12:05 p.m. The Board returned from lunch. Ms. Kahakalau: Since we do have Kohala present and on the line. Correct me if I'm wrong about that. We would like to reconvene the meeting of the Board of Ethics. Again our current agenda item is item d petition number 2014-08. Would you like me to read one more time? Thank you very much Mr. Cole. Mr. Cole: As I believe we left off at the point, the point I made when we were lost transmission was. The obligation of a government official is a fiduciary contract between the elected officials and the electorate. So in(inaudible) with TSA, they actually have an obligation under fiduciary and just social communal obligation. If they see corruption, they gotta say corruption. However, because of the local island attitude which that's why many of us are here to begin with everybody keeps quiet. Well, tierney and public corruption gain a foot hold when those of good conscience remain silent and that's what happened here. So as with these, as I tried to explain, I bring forth this information and have been bringing forth this information. When my petition was first put on the agenda on August 2014. I received no notification it was going be on the agenda even though it was required. That also happened on June 2009 at the same time they brought a Maui Counsel over to represent the County. Bringing this up to the Board members, I'm ignored. Some people have called me wacky, crazy and whatever. The corruption as it manifolds becomes more embolden. The Hawai`i County Charter which they're working on right now. I bring this forth to show the corruption. However, because you have people and as often been accused of this Board that their placed in here as was known as bullet stoppers for the Mayor. In other words, if you can't get anything thru the Board because someone recuses themselves or takes no action. Taking non-action is the deprivation of the person's rights. If the Board cannot act, then maybe it should be placed into the rules of the Board. That should they not have the ability to make judgement or sit on an action due to recusal. Until such time as the person who the petition is against is out of office. Then maybe there should be a way for it to be advanced to the Council or something. Now I've brought forth this information, the information I'm bringing forth is that of actual violations of Federal, State and County Statues. This is not a"gee it's nice that we can do this"by placing and extorting a political candidate in a general election. Those are very serious charges. As I'm sure the former clerk will admit there. So to brush them over it just oh do not even fill in the petition form. There's no charges even filed over the public. That in its self, the Board knowingly did it because I myself in previous petitions as you see. They had already ruled and had long discussion that oh because they had to wait until they get a Board quorum. Jay Kimura, Lincoln Ashida, they had no authority of the Board and therefore dismissed the case. At that point,they ruled and Counsel Schoen was there. They ruled that the Board only had authority on those people who were County employees or officials. So the Board under Counsel knowing and knowingly under the cover of law did conspire to deprive a person of their State and Federal constitutional rights and freedoms. That is a violation of criminal Title 18 coded in the United States Code. I'm requesting and I'm demanding that it go forth. These are emails as some of you may have gotten. The header of these emails identify numerous judges, prosecuting attorneys., state attorneys, it's all detailed in specific. These bonds are detailed by cusp number as to who, what, where and why. One of the former Board members who this petition was filed against is a manager or was a manager of an island financial institution. Would've been known, that such bonds or non- traceability of funds should have set off every red flag there was. I've requested what benefit the people of the County of Hawai`i got from this information or what resources. I was denied that many times. OIP request, free information request denied, denied, denied. Well, if they can deny the information and no action be taken against them because Board members recuse themselves from being on their bowling team. Then where's the justice in that? That is a deprivation of equal protection of the law. So this Board has the authority to go forth in legal fiction to question people just to establish or if nothing else to say you have sufficient information on file because you got a lot of it on file in clerks' repository of records and in the actual files of this Board. Sufficient to file or request that criminal charges be filed with the Hawai`i County Police Department for misdemeanor violations of the Hawai`i County Charter. To be filed with the State Attorney Generals for violation of Hawai`i Revised Statutes 707-764 extortion of Emily Naeole, extortion of myself and to have the charges referred to the U.S. attorney for violations of a person's rights and freedoms and tampering with an election. Those charges of the extortion and of the actions fall under the Federal RICO Act. Therefore, happens twice in the pattern of ten(10) years engages the RICO Act. Under the Federal RICO Act, all tolling on criminal statues start upon recognition of the enterprise. We've already acknowledged the fact that we have an enterprise here because the Mayor uses the card. We have finance directors and assistant finance directors who are fully aware of the abuse of public and say nothing. By saying nothing, they are assenting- silence to their own support of a racketeering organization by the silence by themselves and public officials. To have this document, multiple tens of millions of dollars of untraceable funds that have no bearing apparently and have no record in the County of Hawai`i as to how much interest was paid to the Bank of Hawai`i. Or how much interest was received from First Hawaiian Bank or traceability of where the money went or what was even gotten for. It's obviously corruption on the surface alone,to have multiple shadow bonds only issued by the Mayor and the former Finance Director without the knowledge of the Council. These are all in records, multiple times and everybody looked the other way. They did nothing. That's is why we're here. If we don't step forward and take governance seriously. If this Board allows this to go over and say oh the Board has no authority over the previous employees as they longer on the Board. That is a deprivation of justice of my rights to petition the government. If everything you petition is mute and no action is taken, then our rights are gone and this right happens. How many other people have jobs like the media here? Look at all the mediareporters who all of a sudden wined up with jobs with the County. Maybe the media is also intimidated on a single island. So I'm asking for this go forth to testify, bring evidence and let the people know that there's somebody out there who obligates themselves to the fiduciary obligation of contract of voting. To deny Emily Naeole the ability to represent the people. The reason they did this to Emily, I've talked to Emily and I'm not against Emily. I filed the State charges in court in order to expose the corruption that they were inflicting on extortion on her daughter and her sons while she was in office. They charged her daughter with theft or something and they knew it wasn't. She was afraid to speak up. The reason she was afraid to speak up is because the people of Hawai`i are put in peril. This is the documentation on file. What people don't know is and this is the reason I'm coming forth. There are going to be people killed here shortly and die. In 2000, we had a flood and 2001 there's a contract let to clear the Hilo streams of flood debris. The Hilo stream were not cleared, it was a local boy, good old I scratch your back and you scratch mine. They altered the Hilo streams of over five hundred (500) dump trucks of material for the protection of property. Well when you divert water from one place to another place, that erosion is now evident. In 2008, Council Chairman J. Yoshimoto referred it. So if we can get this exposed, we can protect the people. On the other side, if no action is taken these occurrences happen. The lawsuits against a municipality not prector a sovereign would bankrupt and completely destroy this government. Ms. Kahakalau: Thank You. Mr. Goodenow: Mr. Cole point of information or inquiry. These other allegations I assume they're the underline allegations in the previous petitions that you've said were dismissed. Right? You're saying now that you were treated differently. Mr. Cole: In fact I verified because here's the verification. Mr. Goodenow: I just wanted to let you know though I do know somewhat about the flooding issues and your involvement. I don't have any of that before me, I wasn't on the Board at the time. I just have your current petition under review and that basically is that it appears to me. I want to make sure I have this right as far as this petition. You're saying that in other persons' petition, the one regarding Emily Naeole. That was treated differently from yours that's really what yours is about. I just wanted to clarify that's where we're at. Mr. Cole: The clarification is the fact that I'm bringing it forth the evidence. Should and that's why I requested to go forward in legal fiction. If nothing else, as a fiduciary obligation and a moral obligation of a government body. I would be more than happy to bring all the documentation, verified documentation so that the public may know of the peril they're in and they can make decisions as to themselves. The alteration of the FEMA flood insurance rate maps is an issue. When these bonds come out and they start looking, there's multiple sets of these things. Ms. Kahakalau: At this point, we're really just looking at you having been required to have a complete petition and the other person that filed the petition against Emily Naeole, that petition was incomplete. Mr. Cole: So I was treated unfairly and disparaged by this. Ms. Kahakalau: Thank you. Do we have a motion? Mr. Adams: Actually I have a question for the Counsel. Mr. Cole's bringing up this concept of legal fiction as a way for the Board to consider his petition. I'm not necessarily familiar with that. Do you have something you could to me about? Mr. Murai: Yes. Member Adams I'm not sure what Mr. Cole means by legal fiction. My understanding of a legal fiction and you folks are probably familiar with it yourself. For example, if I had a will and my will says if my spouse dies within thirty (30) days of my death, she shall be deemed to have pre-decease me. That's a legal fiction because it's the law is treating an act that actually happened as if it didn't happen. Now, I'm not sure what definition Mr. Cole has, what I have heard him say is that. I don't want to miss-quote you, but I just want you to understand what my and what I heard which is that he believes that the petition cannot be maintained against the people who are named because they are no longer on this Board. He wants to proceed as if it were a legal fiction. Do you mean? Mr. Cole: As if they were on the Board for the purpose of questioning and gathering information for public dissentions as to the protection of the public as under the fiduciary obligation of the Board. Mr. Murai: Okay. I think I understand what you're saying now. Does that answer your question? Mr. Adams: Yes it does. Thank you very much Counsel. If I might, I move that we separate the petition that's in front of us in regards to Bernard Balsis, Arne Henricks and Glen Hisashima. Remove them from this petition as they are no longer employees of the County. That's the motion. Mr. Goodenow: I'll second that. Mr. Adams: Alright. As you are well aware, the precedent of this Board prior to me being here as well is that. Actually based on what the Charter says, who we are able to, the Charter and the Code who we're able to consider our jurisdiction as an entity, a government entity. Folks that are officers or employees of the County. That's the deal. If you are not an officer the sole exception to that is when you're a candidate for public office and has to do with the financial disclosure elements. That's in the Code itself, so otherwise you have to be an officer or employee of the County for us to have jurisdiction. When you are not, an officer or employee we don't have jurisdiction. Therefore unable for us to consider those folks that aren't on the Board. Mr. Cole: However, I believe as the Counsel admitted under a legal fiction the fact that they used their position under the cover of law and under cover of Counsel to prevent themselves from being brought before Board of Ethics is itself the violation of law. Which is a criminal charge to be referred law enforcement authorities. That's why I'm asking for go forward otherwise this Board is mute. Mr. Adams: Mr. Cole you actually have the ability to go to criminal court. That's entirely your right under our constitutions both Federal and State obviously. So you could bring that if you'd like. The fact is that we are constrained by the laws we have in the Charter 14-5 it tells us what is a Board we can do. Legal fiction are great for courts, we are an administrative body. We look at and take consideration of the Code and the Charter and Rules of Practice and Procedures that we have in front of us. Precedent is such that the three (3)members that are of the Board that you talked about are longer members of the Board. They're no longer a County employee, we're unable to consider them as part of this petition. There's a motion on the table to remove those three (3) and I don't know if there's any additional discussion. Ms. Kahakalau: Is there any? You seconded the motion? Mr. Goodenow: I did second. Ms. Kahakalau: Is there any further discussion? Mr. Goodenow: Very briefly that doesn't mean though and I don't want to jump ahead on the agenda. You know when we review the Code, Charter there's nothing we can do about without a Charter amendment, but we can make recommendations to the Council that in future this is something that should be considered. I ask Counsel this, I mean without jurisdiction, fiction or no can we really do anything? Mr. Murai: No. Jurisdiction is always kind of a threshold question and it's not something that's.. Mr. Goodenow: We would be violating the law if we did. Mr. Murai: Also, I ask the Board to also consider Rule 4.5 specifically second section that discusses the Boards action on a request which is speculative or hypothetical and not an actual situation. I'm not sure whether that, how that lines up with proceeding.. Mr. Adams: Legal fiction? Mr. Murai: Yeah. Mr. Adams: Again it's May so the Board can determine that as well. Right. Motion and Vote: Ms. Kahakalau moved to remove the three(3) Board members from petition. Mr. Goodenow seconded the motion. All members voted aye. Mr. Adams: We still have as part of your petition we still have Deputy Corporation Counsel Renee Schoen. She is still in the County employ and so as a jurisdictional matter we're able to consider your petition. Alright. So as we take a look at this and hearing the, seeing the petition,the testimony that you provided, the documentation that you provided. I just like to bring out a couple of points that are relevant, that I believe are relevant. Our ability, we are given the authority to receive complaints in the Charter Section 14-5(c). Right. In the Code, Article 15 Section 2- 86(b)(1), is that the Board through its Chairman acts on petitions that come to the Board. 2-86(c) is that any petition which doesn't do a particular thing may be rejected. In addition,the Board may for good cause reject any petition. In the Rules of Practice and Procedures which we refer to before which are Section 4-5(a)the Board may for good cause refuse to entertain a request for an advisory opinion. I bring all these things up to indicate that it is the Boards responsibility to determine how to dispose of the petition. The Boards. The staff has in other areas the staff may have authority to meaning in other jurisdictions that the staff may have authority to consider whether or not a petition is worthy enough to make the agenda of a particular Board. That is not the case with this particular Board. In this Board, it's pretty clear to me that we see the petition and we decide how they are disposed. What the disposition of the petition is going to be. As a result, the petition is provided by a member of the public, a third party and parlance of the Code. Then it shows up on the agenda. We then consider it at first time, first time seeing it. That is not different then what/how you were treated. Right. That is not different so when Counsel Schoen provided you or took the petition from the/with the respondent being Ms. Naeole and put it on the agenda. She did that under the guise of what our Board requires. The same as she did with your petitions. Mr. Cole: May I correct you there for a minute. Mr. Adams: Well you may comment. Mr. Cole: I will comment. Thank you very much. I was treated differently in so fact as a pattern and history. When my petition first appeared on the Board of Ethics agenda in August, I was not sent the agenda electronically for one which I am on the list for. Nor was I provided the piece of paper as required by the Board's rules and procedures to be notified when a petitioner's petition would be placed on the Board. Had I known that my petition of 2014-08 would have been placed on the August Board? I would have been there and exerting my constitutional rights of speech. The fact that is was deprived the knowledge was a knowing and knowing violation of my rights to petition government redress of a grievance. And so fax it was understood by Ms. Schoen and by the Board that they could delay and deny my ability to petition the government by recusing themselves as such point that no quorum could have been gotten. Until such point as you now have pointed out they're no longer under the authority. So they used their position of authority under the cover of law to create a class of government officials that are not answerable to anyone. That is exactly the second time it was done because in June of 2011, it was also done the very same way by the very same people. The only reason why appeared before the Board at that time is somebody tipped me off they're gonna do it. So this is a pattern and history knowing and knowingly conspiring in deprivation of rights that they knew there would be delaying this until a point that the no action could be taken by the Board. Mr. Adams: If I can make a comment to that. I was on the Board back in August 2014. We didn't know that there wouldn't be a quorum available to consider this because we knew that two (2) of the members that you are talking about continued to be on the Board into 2015. There was not guarantee that we weren't gonna have, as a matter of fact we thought we might have additional members that would fill out the Board and would have provided us a quorum. There was no knowledge that as a Board, we thought that we were dismissing this particular petition or deferring this petition until some of the subjects the respondents that you listed in the petition were no longer going to be available. We had no information regarding that. Mr. Cole: However, Ms. Schoen did in fact know that I was not provided the notification as required by rules and procedures of this Board. That I could have been there at that meeting and perhaps my public testimony before the Board members at the time and should Mr. Balsis have known as a financial manager that he could be charged under State and Federal Statutes. Perhaps the Board would not have recused themselves and allowed the matter to go forward. That is the action here of deprivation of rights and of the act of extortion by a public official. They knew and prevented me from coming knowingly taking action that they anticipated would result in this Board in not hearing the petition in a timely manner. That was a practice, that was a second time Ms. Schoen had done that. Mr. Adams: If I might Madame Chair. Let's just make sure that we're careful with our wording. I don't believe anyone prevented you from coming. The fact that the agenda is put out according to the Sunshine Law and list what the petitions are that are going to be on there. That's available to the public. If there was an oversight and I don't know that there was, I'm not even saying that there was an oversight. Let's assume for the sake of argument that you didn't receive that correspondence. Mr. Cole: As required by the Rules of Practice and Procedures. Mr. Adams: Let's say that didn't happen. The fact is, is that you not receiving that did not prevent you from finding out that your petition was on the agenda and coming. Just saying. You were not prevented from coming. Thank you. Mr. Cole: We want to go down that avenue? Mr. Goodenow: I want to interject. I'm a little confused here because you've brought something up in your testimony that really isn't in the petition exactly. The petition is saying that other one was handled differently. Your now saying that well you didn't receive notice. So? Mr. Cole: It's all encompass of additional avenues. Mr. Goodenow: I can see how it being related, but I mean technically the petition before us is only about the one issue. If Counsel can give us guidance, I mean would it be appropriate for him to file a new petition alleging he didn't receive notice and that was unfair? Mr. Cole: If we could read the actual statement under section four. Mr. Murai: I'm sorry member Goodenow. Say that again. Mr. Goodenow: May I borrow your petition here. The petition talks about the fact that this other, the one about Ms.Naeole was treated differently. It wasn't complete, but you know and they require all of him to meet these hurdles. That's really what's in the petition here, it's kind of new information that there's an allegation that maybe they purposely did not send you the notice. You're saying that they should have. To me kind of a separate issue than what we have before us. Mr. Cole: It's still mis-treatment though. Mr. Goodenow: Ask him to present a new petition or can this be amended Sua Sponte so to speak. Mr. Murai: Now Mr. Cole raises a notice issue. I do note that notices is a two- way street. I would suggest to the Board that if the Board believes that if what Mr. Cole is doing is raising new allegations or new claims that notice requires that Deputy Corporation Counsel Schoen get notice of those new claims. I do note that I understand that she did file an answer. I would also suggest to the Board that we acknowledge receipt of that answer so we may provide. Mr. Cole: I see no answer no. Mr. Murai: I'm trying to get you the answer. Mr. Cole believe me I am trying to be fair to you. All I'm saying is that if the Board will acknowledge receipt of Ms. Schoen's response, then we may provide that to Mr. Cole. Now, with regard to whether Mr. Cole is going to well first the Board could certainly instruct Mr. Cole to either submit an amended petition or to supplement his petition. Mr. Adams: Let me just say that actually Vice-Chair Goodenow is correct. I actually went too far in having this conversation regarding the notice provision. Obviously, I can't strike that from the record because it's in record, but I shouldn't have had the conversation with you. It's not far to him and it's not fair to the respondent for me to have had that conversation about what we now know in 4.5 is potentially a purely hypothetical situation. Until we see it in a petition, then it wasn't appropriate for me necessarily to have that conversation. When it comes to the discussion regarding this petition and how you as a petitioner for the previous petition you listed that were 2011 is your one and all. The petition 2014-04 that difference I think I stated how I view that sufficiently. Ms. Kahakalau: Maybe we proceed first by acknowledging the receipt of the response dated May 8, 2015 from Ms. Schoen Deputy Corporation Counsel. Is that something that we need to motion or we just acknowledging the receipt at this point and time? Mr. Murai: That's correct. Ms. Kahakalau: In order for you to get a copy of that. Mr. Adams: I'll give him a copy. Mr. Goodenow: You can have mine. Sony to make you come up here. Ms. Kahakalau: At this point, we would be looking for a motion to continue our. Mr. Cole: May I make one statement here in reference to this. The reason why that I am bringing the petition is I'm trying to expose corruption. I hope that's the main and the responsibility for the protection of the people and fiduciary obligations. In the meetings in June, Corporation Counsel Ashida at the time had submitted a letter to the Board basically I knew nothing about. Had basically said hey you know it was a very disparaging letter that I shouldn't be looked at or shouldn't be known. When I asked the Board Chairman Dill at the time acknowledge receipt of the letter. They asked me oh have you seen it, I said I haven't seen nothing. They refused to give me a copy of the letter of which Corporation Counsel Ashida wrote that actually defined the whole meeting they were talking about Webster's Dictionary and wacko and this and that and on and on. Had I known about the letter, and the fact that I actually been accused of being wacko or something in an extortive letter? I could have made a comment. I was refused the letter at the Board meeting. I was refused the letter at the Corporation Counsel and I actually had to apply numerous times for the officer information practices. Just to get a letter of extortion against me that was kept sacred. The same meeting was kept sacred from me just like this one. So it's a pattern and history. The object is to make this open so that people will come forth. The more people that come forth and more people that take an active part in their government to hold the government responsible. That is the obligation we are trying to fulfill here. Ms. Kahakalau: I do agree with you that is you know what we are all here for is make sure that the government functions open and ethically. At the same time we also need to go specifically with the petition and wording of the petition that's been filed at this point and time. We have taken out the first three (3) Board members so at this point. Mr. Adams: I would make a motion and I would move that the petition 2014-08 be dismissed for good cause as it pertains to Deputy Corporation Counsel Renee Schoen. Mr. Goodenow: I'll second that. Ms. Kahakalau: Do we have an additional discussion in this matter? Mr. Goodenow: My only comment is. Again we're only looking at the fact that this petition made it to Board. I think Mr. Adams made it very clear legally that it had to happen that way because only the Board can dismiss an action. So as far what's in your petition now, that's not an issue. I think you should feel free to file another petition talking about notice wasn't provided to you on these occasions and letters kept from you. That's a different issue. Just strictly on this issue about Emily Naeole, the petition about Emily Naeole versus yours. I think Mr. Adams has made it clear and I support the motion just on that issue. Mr. Cole: Yes, but you also accepted I come forth in accordance with and required by United States Code Subsection 4 Misprision of Felony. The information I'm bringing forth to you in this hearing is of actual knowledge andactual by the fact is was a done accomplished of a violation against the United States. In the record it's in the record. Mr. Goodenow: I just note. The underlying facts of these previously dismissed matters I do not have any of that. Ms. Kahakalau: Is there any further discussion? Motion and Vote: Ms. Kahakalau moved to dismiss Petition No. 2014-08. Mr. Goodenow seconded the motion. All members voted aye. Mr. Murai: For the sake of clarity this is as to Deputy Corporation Counsel Renee Schoen and that's because the other named respondents have already been dismissed. Ms. Kahakalau: Yes. It was stated that way in second motion. Mr. Murai: And for the clarity for the record because we have to prepare a decision, I know that member Adams stated that there's good cause. And that good cause, I'm not just trying to paraphrase would be that Mr. Cole was not denied courteous, fair and impartial treatment by the County Board of Ethics and the named respondents. Is that correct? Mr. Adams: Yes. Not to speak for you. Ms. Kahakalau: No that's correct. Mr. Goodenow: In the context of the petition. Ms. Kahakalau: Thank you very much Mr. Cole. Mr. Adams: Thanks Mr. Cole. Ms. Kahakalau: We're moving on to agenda item e. Mr. Murai: Before moving on to the next agenda item, may we take a brief recess in place so that Mr. Yoshimoto and I can switch. Ms. Kahakalau: I call for a brief recess to switch our Corporation Counsel and have J come back. 12:30 p.m. The Board took a brief recess. 12:32 p.m. The Board returned from brief recess. e. Review of Gift Disclosure Statement received from the following County officer or employee. (1) Bobby-Jean Leithead-Todd Ms. Kahakalau: I have here a disclosure statement with several items. If any or either one of you would like to review that. I would like to make a motion to approve the Gift Disclosure Statement of Bobby-Jean Leithead-Todd. Mr. Goodenow: I'll second. Mr. Adams: The question is do want us to do this like we do the Financial Disclosures were we initial this? Do we need the motion also? Ms. Lawrence: You can approve it and then do the motion to approve it. You can just initial. Mr. Adams: So we would do a motion for all the Financials, that's the same thing with the Gift Disclosures. Got it. Ms. Kahakalau: So we'll review that. Mr. Adams: I won't take forever. Mr. Goodenow: Please. Ms. Kahakalau: There's only a few items. We might have to take another recess. Do we re-state the motion? Mr. Adams: That's a good question. I'm not sure. Ms. Kahakalau: J may I ask if I should re-state the motion? Mr. Yoshimoto: Yes. Ms. Kahakalau: Sony about jumping the gun there. It's the first time we had since I've been here. Mr. Adams: I know, me too. Actually first time I've seen it. Ms. Kahakalau: Well, we may be seeing more. We have the signatures of all three (3) Board members present so I'd like to make a motion. Motion and Vote: Ms. Kahakalau moved to approve the Gift Disclosure Statement of Bobby-Jean Leithead-Todd. Mr. Goodenow seconded the motion. All members voted aye. 5. UNFINISHED BUSINESS a. Resolution 2015-01: Review draft informal advisory opinion regarding the hearing into allegations of misconduct brought by Mariner Revell against the Coalition of Tobacco Free Hawaii, pursuant to Rule 5.2(a) of the Rules of Practice and Procedures of the Board of Ethics. Mr. Adams: I move to approve draft informal advisory opinion as circulated. Mr. Goodenow: Second. Ms. Kahakalau: Okay. Any discussion? Mr. Adams: Well indeed I do. I did receive the report that they made, expenditures of contributions report they made to the Hawai`i State Ethics Commission that was appropriate for the report year 2014 May 1 to December 31. They did that in accordance based on the timeline in the State Ethics Commission. I had asked in the meeting if they had done the same for the County. It appears they had not. Now, they did say they needed to check with the bookkeeper so you know that's a little bit of I understand that a little bit. It does make me ask what else, but when I take a look at the informal advisory opinion and I also take a look at the Code. It does indicate a willful or that there be some type of willful intention as a part of the non-filing as opposed to we didn't know kind of thing. I'm not happy, but I will vote for this motion. Ms. Kahakalau: Any further discussion regarding this matter? Mr. Goodenow: I'm sorry. I appreciate that you've you know so you're saying because the Hawaii State Ethics Commission report list the compensation. Could you go over that one more time. You lost me there. It took a while to get the form. Mr. Adams: I understand. The organization Coalition for Tobacco Free Hawaii, they as a part of the petition back in March, February or something like that maybe January. They were, both they and Council Chair Kanuha were accused of not doing things in accordance with lobbying laws. We dismissed the petition regarding Council Chair Kanuha and I said hey I also want to know about this particular organization. As much as may agree with their principles, the fact is that they were operating without being a registered lobbyist. You know that's not good. They came in and talked about it. I asked them a question last meeting I think right that said"Have you guys filed your, you say you registered did you file your appropriate lobbyist report of expenditures, contribution and subject areas." That would have from the last six (6) months of 2014. The response was "I think so but I'll I have to check with our bookkeeper." So I then asked for the reports to be made available to me since they were maintained right here in the County Clerk's office but that wasn't possible as it turned out because they weren't there. Mr. Goodenow: I see this was filed. Mr. Adams: They were then filed pretty quickly. Mr. Goodenow: April 13. Mr. Adams: They were filed pretty quickly, made available to us and now they're filed. There you go. Mr. Goodenow: As far as the evidence they produced or their testimony that they didn't spend more than five (5)hours. That's still were accepting that. Mr. Adams: We're accepting that. Mr. Goodenow; Okay. Thank you. I'm a little slow on that, but I agree with you. I remember them saying that even though they did put that caveat. It almost seemed like "Oh yeah"that that had been done. I thank you for bringing that to our attention. Ms. Kahakalau: I had a question for Counsel then. Would it be possible procedure to just follow up a letter to them as a reminder to in the future make sure that they file the things on time or would that be inappropriate? Mr. Adams: You can always send a letter to the lobbyist. Mr. Yoshimoto: Yes. Ms. Kahakalau: I would like to if we could work together to draft such a letter. To send them a reminder saying that we're going to move on this, but independently of that. A reminder to please make sure that they do file the necessary documents on time. Mr. Yoshimoto: Okay. Mr. Goodenow: I think we should say"hey you said this or that."but it think you could maybe start the letter off by stating that we see that you filed this on April 13. One of the reasons why we kind of moved to dismiss was the totality of the circumstances there. So maybe if that could be done I'd appreciate it. Ms. Kahakalau: I fully agree with that. You can just get in contact with me in regards to the signatures. Is there any further discussion on Resolution 2015-01? Motion and Vote: Ms. Kahakalau moved to approve the draft of the Informal Advisory Opinion as circulated. Mr. Goodenow seconded the motion. All members voted aye. Motion and Vote: Ms. Kahakalau moved to go into executive session for the purpose of reviewing executive session minutes of April 8,2015,to review Confidential Financial Disclosure Forms, and to consult with legal counsel, as r deemed necessary at the time. Mr. Goodenow seconded the motion. All members voted aye. 12:49 p.m. The Board left regular session. 1:24 p.m. The Board returned to regular session. * * * * * 1:25 p.m. The Board took a break to re-establish connection with Kohala location. * * * * * 1:28 p.m. The Board re-established connection with Kohala location. 6. VOTING ON EXECUTIVE SESSION MATTERS Mr. Goodenow: Someone just texted me that Tiffany Edwards is going off on the Big Island Chronicle I guess about Kerrie Marks. We may have confidential paper on our desk. There's technology. That was always a rule that that's the staff area. I guess we make our own rules. Ms. Kahakalau: I'm in agreement with you. I should have caught it and I didn't so thank you for pointing that out. I think we should go there because you can see the computers and everything and that's not appropriate. Maybe one of the things next at the beginning of the session I can make an announcement when they turn off the phones also. That to please stay on this said of the room. Mr. Yoshimoto: For Council, there was a line. Ms. Kahakalau: We can do that the next time just to let them know. It's probably not going to happen now anyways. Mr. Adams: The one thing I've learned about being on this Board. It will happen again. a. Review of the executive session minutes of April 8, 2015. Motion and Vote: Ms. Kahakalau moved to approve the executive session minutes of April 8, 2015. Mr. Goodenow seconded the motion. All members voted aye. 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. '. Ms. Kahakalau stated that they reviewed seven(7) financial disclosure forms. Of those, numbers 2, 3, and 4 were referred back for additional information. Numbers 1, 5, 6 and 7 were approved. Motion and Vote: Ms. Kahakalau moved to approve all other financial disclosure forms and be filed for further review as required. Mr. Goodenow seconded the motion. All members voted aye. 7. DISCUSSION REGARDING AMENDMENTS TO THE RULES OF PRACTICE AND PROCEDURE OF THE BOARD OF ETHICS OF THE COUNTY OF HAWAII Ms. Kahakalau: Do we have any discussions in regards those amendments? Mr. Adams: Yes. I'd like to ask the Board and also include Counsel as part of this conversation. If there is any, as we consider the Rules of Practice and Procedures and also potential suggestions for the Council amend the Code of Ethics. Is any way that we or is it appropriate for us to look at being able to take situations where we're not able to consider petitions for a variety of reasons to move those petitions to some other body. The Charter in my mind almost prevents that so that may be a very easy question. Just for the sake of discussion more than anything else. Is it even a good idea to think about trying to do that? Or do we like the idea that you know this is it, this is where the buck stop and that's where it goes as an administrative body. Mr. Goodenow: Maybe I'll just throw in a couple of thoughts here. I'm just looking at the Charter and while it talks about kind of the jurisdiction and you know what the Board does. It doesn't, it says it includes that each will serve for a term of five (5) years. You know it does seem that that would tie our hands as far who are the members. I was trying to think well you could have a system where if one gets recused, the other members might be able to pick someone. This is pretty limiting. Mr. Adams: Right. The more you look at it, the more that it seems to be the case. We're really narrow. So let's say that we in our rules of procedure which we're according to the Charter able to establish that we decide that for a particular reason. A particular hypothetical situation comes up and we need to move a petition to say the Council which would be probably the one place that it would be able to go. The Council might able to consider it, but they would have so much more things that would have to look at that would be a part of it. It would not, it would take a petition that's narrowly looked at by us and open it up. That becomes a real issue, you almost have to make it a Board of Appeals per the Ethics Board which is frankly silly. I just wanted to, the thought came as we were listening to testimony today and given the variety of things that were occurring today and have occurred in recent past. The idea that sometimes we have to wait doesn't make us, doesn't make it happy for the public necessarily, but it is part of where we are. I think as an entity under the Charter it seems. Mr. Goodenow: We can always propose Charter amendments to the Council. Mr. Adams: You think it's a good idea to do that in this regard. Mr. Goodenow: I don't know if sending it to the Council is a good idea because even though we're appointed by the Mayor. I mean there is some prophylactic or what the word is as far as direct politics bearing on what we do right. I could see a situation with the Mayor for example and it gets moved to the Council. Wow there could be a lot of dynamics going on. Mr. Adams: Sure. Mr. Goodenow: I do think there maybe should be some mechanism where in the event someone is recused and the Board is unable to address a petition as in the case of Mr. Cole here. I can understand frustration. Maybe there could be another. Board members could select another party or something. I'm not sure how that would work, but it would have to be in the Charter. Mr. Adams: Right. You're almost like a senior judge kind of thing where you could bring senior judges back on or you have a pool of folks. Mr. Goodenow: Yeah. That's good thought. Ms. Kahakalau: My question sort of goes along the same lines as far as an alternative to current procedure to fill the Board seats. Right now the perception right if the Mayor is going to appoint somebody is an issue definitely at the same time I feel very, very strongly that without a full Board. I don't think we really are following the spirit of the law in terms of having opportunities for disagreement when there's only three (3) of us. We have to always agree on everything and I don't think that the law is meant for that to happen. I was just wondering you know if that's something we can explore in our amendments. In certain situations if they could be, when there is the issue that we currently have before us. If they can be an alternate procedure and somebody else basically making the decision so as to eliminate the perception of our conflict of interest. Mr. Adams: It's worth thinking about. Mr. Yoshimoto: Just a few thoughts. I think those are good suggestions. One other idea we would need to change the code in the Charter. Would be to, you know how we hold over provision for three months right. Members are allowed to stay over and maybe suggest is that it could continue longer until someone is appointed provided they're willing. I think most Board members are willing because their very committed. You serve five (5) years and you have to go an extra year because you're waiting for someone to fill your seat. That might be idea. Mr. Adams: That would be Charter because it's in here "each will serve for a term of five (5) years"the hold over position. If there's a hold over revision, it probably includes it with the five (5) years anyways. Right now Charter five years. Mr. Goodenow: You know. I mean we've had a long day and I have reviewed your proposals. Maybe we could defer this. I think it's good to throw things out and not go into too much depths given where we're at. Mr. Adams: I'm in complete concurrence with you on that. We're in the process of trying to put this together and as I did my homework this last one. More things popped up about how other organizations or other Boards do their work. That were like you know that's a really good idea. That will become part of this process of putting these Rules of Practice and Procedures together. We know that when we do that, that will actually trigger an addition to the Code itself We're going to have to make sure that that transition is done appropriately as well. Ms. Kahakalau: I think it's also sort of our responsibility of the Chair when we know that the term is coming up that we start being proactive. Work with the Mayor and work with the people in charge. If it's alright with everybody, I'd like to if Counsel approves, I'd like to create a form letter to the Mayor. To nominate and move thru the process so that we can have a full Board as soon as possible. So that we can really be impartial and making sure that everybody does get a fair, unbiased and type hearing that as the law and the spirit of the law intends. We can work together if that's fine. Any further discussions in regards to item 7? 8. ANNOUNCEMENTS Ms. Kahakalau announced the Board's next meeting on July 8, 2015 at 10:00 a.m. at the Hawai`i County Building at 25 Aupuni Street, County Council Chambers or at another location to be determined. Any other announcements? 9. ADJOURNMENT Ms. Kahakalau adjourned the meeting at 1:35 p.m. Respectfully submitted: Emi10. ayam ecr ary