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Home My WebLink About2015-09-09 Board of Ethics AgendaMAY Or y�� BOARD OF ETHICS, County of Hawaii 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 Tel. No. (808) 961-8251 AGENDA September 9, 2015 —10:00 a.m. County of Hawaii Hawaii County Building Council Chambers 25 Aupuni Street Hilo, Hawaii 96720 Video Conference Waimea Council Office Holumua Center 64-1067 Mamalahoa Highway, Suite 5 Waimea, Hawaii 96743 CALL TO ORDER 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS 3. APPROVAL OF THE REGULAR SESSION MINUTES OF JULY 8, 2015. 4. NEW BUSINESS C1 a. Petition No. 2015-10: Initial review of petition alleging that a County Officer or employee is in violation of Sections 2-83 (Fair Treatment), 2-84 (Conflict of Interest), 2-91.3 (Lobbyist Registration), and 2-91.4 (Gifts) of the Code of Ethics because he was influenced and accepted gifts by an unregistered lobbyist organization. b. Petition No. 2015-11: Request for informal advisory opinion from a County Officer or employee, to determine whether there would be any conflict of interest with his employment as an electrical inspector and performing electrical work for friends and family. [Closed hearing requested] C. Petition No. 2015-12: Request for informal advisory opinion from a Water Board member to determine whether there would be any conflict of interests to her running for County Council while continuing to serve on the Board. [Closed hearing requested] d. Petition No. 2015-13: Request for informal advisory opinion from a County Officer or employee, to determine whether there would be any conflict of interests by him accepting travel, room and boarding to attend the event he will be a guest speaker for. e. Petition No. 2015-14: Initial review of petition alleging that a County Officer or employee is in violation of Section 2-83 (Fair Treatment) of the Code of Ethics because they "were not treated in a courteous, fair and impartial manner" and were given a violation prior to an investigation being done. UNFINISHED BUSINESS a. Petition No. 2015-03: Review draft order continuing hearing of motions for reconsideration and dismissing respondent Deanna Sako as a party. b. Petition No. 2015-03: 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. (Note: There is a pending motion to defer by Board member Adams and seconded by Board member Goodenow) Petition No. 2015-04: Review draft informal advisory opinion dismissing petition by Richard Santiago which alleged that the manager and staff of the Department of Water Supply violated Sections 14-1 (Enactment and Policy), 14-2 (Standards), 14-4 of the County Charter (Code of Ethics) because "of the completely disrespectful way in which myself and my partner [girlfriend], have been treated". Petition also alleges that Section 3-11 (Discontinuation of Water Services) of the Rules & Regulations of the Department of Water Supply was violated because the water in Kapaau was cut off without notice. d. Petition No. 2015-07: Review draft informal advisory opinion dismissing petition by Lanric Hyland alleging that Finance Director Deanna Sako violated Section 2- 83 (Fair Treatment) subsection (a) and (b) of the County Code of Ethics because they allowed a County officer to continue to use the P -card to obtain goods and services from various merchants and vendors. e. Petition No. 2015-08: Review draft order dismissing petition by Morgan Leopoldino alleging that Deputy Corporation Counsel Steven Strauss violated Section 2-83(b)(3) of the County Code of Ethics by using County time, equipment or other facilities for private business or campaign purposes. Petition No. 2015-09: Review draft informal advisory opinion dismissing petition by Lanric Hyland alleging that County officers or employees violated Section 13-3 (Appointments) and 14-3 (Disclosure of Interest) of the County Charter (Code of Ethics) by selecting Dr. Kimo Alameda who did not meet the qualifications for the position of Executive Director for the Office of Aging. 2 6. EXECUTIVE SESSION With reference to the agenda item listed below, one or more executive meetings are anticipated. In particular, the Board of Ethics anticipates it may consider the evaluation, dismissal, or disciplining of an officer or employee of the County of Hawaii, where considerations of matters affecting privacy will be involved. The Board may also consult with the Board's attorney on questions and issues pertaining to the Board's powers, duties, privileges, immunities, and liabilities. Therefore, pursuant to Hawaii Revised Statutes ("HRS") Sections 92-5(a)(2), 92-5(a)(4), and 92-6(a)(2), the following items may be considered in Executive Session. a. Review of the executive session minutes of July 8, 2015. b. Review of Confidential Financial Disclosure Forms filed pursuant to Section 2-91.1(d), Hawaii County Code, by County board and commission members and designated County employees, where personal matters will be reviewed: * * * * Re -review 7. DISCUSSION REGARDING AMENDMENTS TO THE RULES OF PRACTICE AND PROCEDURE OF THE BOARD OF ETHICS OF THE COUNTY OF HAWAII ANNOUNCEMENTS The next monthly meeting of the Board of Ethics is scheduled for October 14, 2015 at 10:00 a.m. at the Hawaii County Building, Council Chambers, 25 Aupuni Street, Hilo, Hawaii 96720 or at another location to be determined. 9. ADJOURNMENT Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS") §92-3.5, the Board of Ethics will be conducting this meeting via videoconferencing. If for technical or other unanticipated circumstances the video/audio stream between Waimea and Hilo is lost for more than a short period of time, the scheduled meeting will be terminated. Board Members will be present at the Hilo location. Public attendance and testimony will be available at the following locations: Name Position County Agency 1 Donn K. Dela Cruz** Board Member Planning Commission 2 Tracy P. Pokipala Asst. Plumbing Inspector Building Department 3 Rick S. Uchida Asst. Electrical Inspector Building Department 4 Daniel H. Lee Structural Engineer Public Works 5 Harry Dan Boyko Building Inspector Building Department 6 Chris Domino Building Inspector Building Department 7 1 Wesley Takai Board Member Board of Review * * * * Re -review 7. DISCUSSION REGARDING AMENDMENTS TO THE RULES OF PRACTICE AND PROCEDURE OF THE BOARD OF ETHICS OF THE COUNTY OF HAWAII ANNOUNCEMENTS The next monthly meeting of the Board of Ethics is scheduled for October 14, 2015 at 10:00 a.m. at the Hawaii County Building, Council Chambers, 25 Aupuni Street, Hilo, Hawaii 96720 or at another location to be determined. 9. ADJOURNMENT Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter "HRS") §92-3.5, the Board of Ethics will be conducting this meeting via videoconferencing. If for technical or other unanticipated circumstances the video/audio stream between Waimea and Hilo is lost for more than a short period of time, the scheduled meeting will be terminated. Board Members will be present at the Hilo location. Public attendance and testimony will be available at the following locations: Council Chambers, Hawaii County Building 25 Aupuni Street, Hilo, Hawaii 96720 Waimea Council Office Holumua Center 64-1067 Mamalahoa Highway, Suite 5 Waimea, Hawaii 96743 NOTE: If you require an accommodation or auxiliary aid and/or services to participate in this meeting (i.e., sign language, interpreter, large print), please call 961-8304, ext. 101). NOTICE TO LOBBYISTS If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist (Article 15, Section 2-91.3(b), Hawaii County Code). A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." (Article 15, Section 2-91.3(a)(6), Hawaii County Code.) Registration forms and expenditure report documents are available at the Office of the County Clerk -Council, 25 Aupuni Street, Hilo, Hawaii 96720. 4