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Home My WebLink About2016-02-10 Board of Ethics Agenda _ `. _BOARD OF ETHICS, County of Hawaii 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 , Tel. No. (808) 961-8251 AGENDA February 10, 2016– 10:00 a.m. - County of Hawaii ' r.77) Hawaii County Building Council Chambers 25 Aupuni Street ` Hilo, Hawaii 96720 & r9 Video Conference c� Kamehameha Park Complex co — (Conference room adjacent to Hisaoka Gymnasium) 54-382 Kamehameha Park Road Kapaau, Hawaii 96755 1. CALL TO ORDER 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS 3. APPROVAL OF THE REGULAR SESSION MINUTES OF JULY 8 & SEPTEMBER 9, 2015. 4. CORRESPONDENCE a. Letter from Lanric Hyland dated Feb 4, 2016, regarding Petition No's: 2015-03, 2015-07 and 2015-09. 5. NEW BUSINESS a. Petition No. 2015-15: Initial review of petition alleging that County Officers or employees were in violation of the Rules of Practice and Procedures of the Board of Ethics Section 1.5 (Disqualification of Board members, Bias, or prejudice) when they reviewed and ruled on a petition that could be a conflict of interest. b. Petition No. 2015-16: Request for informal advisory opinion from a County Officer or employee, to determine whether he can make his rental unit available to the HUD Section 8 program even though he is an inspector for Housing Quality Standards (HQS) in the HUD Section 8 program. [Closed hearing requested] c. Petition No. 2015-17: Initial review of petition alleging that a Board member had a conflict of interest when she participated in hearing the initial review of Petition No. 2015-10, as they both sat together on the Hawai`i Island Burial Council. 1 d. Petition No. 2015-18: Initial review of petition alleging that a Board member had a conflict of interest and should have recused himself from hearing Petition No. 2015-10, as the Board member's wife works for Council Services. e. Petition No. 2015-19: Initial review of petition alleging that County Officers or employees were in violation of Sections 2-80, 2-83 and 2.91 of the Code of Ethics because it is not acceptable that County employees involved with the courts should exhibit anything but the highest standards of ethical conduct. f. Petition No. 2016-01: Request for an informal advisory opinion from a County Officer or employee, to determine if his actions are permissible pursuant to Section 2-84 of the Hawai`i County Code of Ethics. 6. UNFINISHEL) BUSINESS a. Petition No. 2015-10: 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. [Continued from last meeting] b. Petition No. 2015-11: Review of petition 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. [Continued from last meeting!Closed hearing requested] c. Petition No. 2015-12: Review draft informal advisory opinion regarding the petition 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 was requested] d. Petition No. 2015-13: Review draft informal advisory opinion regarding petition from Council member Greggor Ilagan, to determine whether there would be any conflict of interests by him accepting travel, room and boarding to attend the event lie will be a guest speaker for. e. Petition No. 2015-14: Review draft informal advisory opinion dismissing petition by Annette Mejia Pickens alleging that County Officers or employees were 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. 2 7. EXECUTIVE SESSION With reference to the agenda item listed below, one or more executive meetings are anticipated. In particular, the Board of Ethics anticipates it may consider the evaluation, dismissal, or disciplining of an officer or employee of the County of Hawai`i, 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 September 9, 2015. 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: Name Position County Agency 1 Harry Dan Boyko * Building Inspector DPW- Building 2 Rick S. Uchida * Asst. Electrical Inspector DPW- Building 3 Chris Domino * Building Inspector DPW- Building 4 Lance Martin Building Inspector Aid DPW- Building 5 Nathan K. Osorio Building Inspector Aid DPW- Building 6 Kelly Valenzuela Member Board of Appeals 7 Jeremy Baur Rice Asst. Inspector DPW- Building 8 A.yche R. McClung Electrical Engineer II DPW- Building 9 Leningrad Elarionoff Board Member Water Board 10 Lori M. Shikuma Buyer III Purchasing 11 Andrew Kouchi Liquor Control Liquor Control Investigator 12 Arlene P. Waugh Board Member Pension Board 13 Nyala L. Neill Board Member Pension Board 14 Guillermo Sumera Board Member Pension Board 15 William Takaba Board Member Liquor Commission 16 Steve A. Morifuji Admin. Officer Liquor Control 17 Charmaine Shigemura Board Member Workforce Investment 18 Steve Wilhelm Procurement & Purchasing Division Specifications Specialist 19 Keith Morioka Commissioner Police Commission 20 Nicholas W. Bassis RPT Appraiser II Finance - RPT 21 Stanley Andrew Sitko RPT Administration Finance - RPT 22 Lawrence Suenishi Buyer I Purchasing Division 23 Charles M. Commissioner Windward Planning Heaukulani Commission 24 Rodney Watanabe Commissioner Liquor Commission 25 Matthew Radmilovic RPT Appraiser IV Finance- RPT 26 Riley W. Smith Commissioner Liquor Control Adj. 3 . ..._..__.._ 27 Scott F. Church Commissioner Leeward Planning Commission 28 Thomas C. Randle District 2 Representative Environmental Mgnt. Commission 29 Peter L. Hendricks Commissioner Police Commission 30 Keita Jo Real Property Valuation Finance- RPT Analyst III 31 Jonathan R. Holmes Planner IV Planning Department 32 Dori Ann Hoohuli RPT Appraiser IV Finance—RPT 33 Ernest Texeira RPT Appraiser Finance - RPT 34 Sally J. Kaaiakamanu RPT Appraiser IV Finance—RPT 35 Collin Jacob Kaholo Commissioner Leeward Planning Commission 36 Brandon Cain RPT Appraiser Finance—RPT 37 Shannon Arquitola RPT Appraiser IV Finance - RPT 38 June Rabago Chairperson Merit Appeals Board 39 Marcella L. Stroh Vice Chair Salary Commission 40 Juliette Tulang Vice Chair Merit Appeals Board 41 Jeffrey E. Dansdill Purchasing Agent Finance Department 42 Richard Dinges Member RPT Review Board 43 Thomas P. Vice-Chair Leeward Planning Whittemore Commission 44 Burton Hunter Liquor Investigator II Liquor Control 45 Mark Kaminski Liquor Investigator Liquor Control 46 Sidney M. Fuke Member Liquor Adjudication 47 Amy Bircher Commissioner Transportation 48 Wesley Takai Member Tax Board of Review 49 Brenda D. Iokepa- Member Water Supply Moses 50 Kanoe Wilson Member Water Supply Board 51 Jay M. Uyeda Member Water Supply Board 52 Raynette V. Mar Appraiser III Finance - RPT 53 Claude S. Onizuka Member Liquor Commission 54 Dean Au Commissioner Board of Appeals 55 Colin Keola Childs Planner IV Planning Department 56 Arthur K. Taniguchi Commissioner Liquor Commission 57 Terry K. Dunlap Planner IV Planning Department 58 Deanne E. Bugado Planner V Planning Department 59 Rosalind J. Newton Planner V Planning Department 60 Kenneth Obenski Commissioner Transportation 61 Oliver(Sonny) Commissioner Leeward Planning Shimaoka Commission 62 Keith Unger Commissioner Leeward Planning Commission 63 Donald Ikeda Commissioner Windward Planning Commission 64 Arthur F. Buckman Commissioner Police Commission 4 65 G. David K.S. Member Merit Appeals Board Nahuina 66 Nancy Carr Smith Chair Board of Appeals 67 Kathleen B. Lassiter Commissioner Salary Commission 68 Leinaala B. Enos Commissioner Liquor Control 69 Joseph K. Kealoha Member Liquor Control 70 Daryn Arai Planning Program Planning Department Manager 71 Russell M. Arikawa Member Water Board 72 Myles Miyasato Chair Windward Planning Commission 73 Donn K. Dela Cruz Commissioner Windward Planning Commission 74 Susan L.K. LeeLoy Member Water Board 75 Max Newberg Member Board of Appeals 76 Kenneth Goodenow Vice-Chair Board of Ethics 77 Gregory Henkel Commissioner Windward Planning Commission 78 Barbara Nobriga Commissioner Leeward Planning Commission 79 Wendy M. Waipa Commissioner Fire Commission **Re-review c. Review Memorandum submitted on February 4, 2016 by Deputy Corporation Counsel J Yoshimoto re: Hawai`i County Code Sections regarding Gifts. 8. DISCUSSION REGARDING AMENDMENTS TO THE RULES OF PRACTICE AND PROCEDURE OF THE BOARD OF ETHICS OF THE COUNTY OF HAWAII. 9. ANNOUNCEMENTS The next monthly meeting of the Board of Ethics is scheduled for March 9, 2016 at 10:00 a.m. at the Hawai`i County Building, Council Chambers, 25 Aupuni Street, Hilo, Hawai`i 96720 or at another location to be determined. 10. ADJOURNMENT Notice is hereby given that pursuant to Hawaii Revised Statutes (hereinafter"HRS") §92-3.5, the Board of Ethics will be conducting this meeting via videoconferencing. If for technical or other unanticipated circumstances the video/audio stream between 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: 5 * Council Chambers, Hawaii County Building 25 Aupuni Street, Hilo, Hawaii 96720 * Kamehameha Park Complex Conference room adjacent to Hisaoka Gymnasium 54-382 Kamehameha Park Road Kapaau, Hawaii 96755 rgiNOTE: 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 Hawai`i County Clerk within five days of becoming a lobbyist(Article 15, Section 2-9I.3(b),Hawai`i 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. 6