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Home My WebLink About2016-03-08 Board of Ethics Agenda , zr BOARD OF ETHICS, County of Hawaii "• != 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 • ▪ ""`" °' Tel. No. (808) 961-8251 AGENDA March 8, 2016— 10:00 a.m. County of Hawaii Hawaii County Building Council Chambers 25 Aupuni Street Hilo, Hawaii 96720 = • Video Conference Kamehameha Park Complex (Conference room adjacent to Hisaoka Gymnasium) e,,7 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 and FEBRUARY 10, 2016. 4. NEW BUSINESS a. Petition No. 2016-02: Request for informal advisory opinion from a County employee, to determine compliance with Section 2-83 (c)(1) (Fair Treatment) of the Code of Ethics because her husband is an independent contractor who bids for County projects. b. Petition No. 2016-03: Initial review of a petition alleging that County employees are using County funds to pay for travel and per diem expenses in violation of Section 2-80 of the Code of Ethics and Section 14-2 of the Hawai`i County Charter. 5. UNFINISHED 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] 1 1. Correspondence dated February 9, 2016 received from Jessica Yamauchi, Executive Director of Hawai`i Public Health Institute. b. Petition No. 2015-15: 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. [Continued from last meeting] 1. Correspondence dated October 5, 2015 received from Kenneth Goodenow. 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. [Continued from last meeting] 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. [Continued from last meeting] 1. Correspondence dated October 5, 2015 received from Kenneth Goodenow. e. Petition No. 2015-19: Review draft informal advisory opinion dismissing petition by Lanric Hyland 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. 2015-11: Review draft informal advisory opinion regarding petition 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] g. Petition No. 2015-16: Review draft informal advisory opinion regarding petition 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] h. Petition No. 2016-01: Review draft informal advisory opinion regarding Councilman Danny Paleka, to determine if his actions are permissible pursuant to Section 2-84 of the Hawai`i County Code of Ethics. 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 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 Hawai`i 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 & February 10, 2016. 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: Name Position County Agency 1 Stephen D. Lopez Commissioner Liquor Commission 2 Raylene Moses Commissioner Windward Planning Commission 3 Shelby K.M. Nahale-a Commissioner Liquor Commission 4 Stephen G. Frendo Liquor Control Liquor Control Investigator II 5 Dwayne T. Mukai Commissioner Liquor Department 6 Kalani J. Mills Liquor Control Controller Liquor Control 7 Geraldine Giffin Member Liquor Adjudication Board 8 Kimberly Cwynar Building Inspector Public Works 9 Robert A. Becker Commissioner Fire Commission 10 Trina Nahm-Mijo Commissioner Environmental Management Commission 11 Matthew Kurohara Liquor Investigator Liquor Control Trainee 12 Nestor Cacho, Jr. Liquor Investigator Liquor Control Trainee 13 Juliette Tulang * Vice-Chair Merit Appeals Board 14 Oliver(Sonny) Commissioner Leeward Planning Shimaoka * Commission 15 Charmaine Shigemura Member Workforce Investment * Board 16 Charles M. Commissioner Windward Planning H:eaukulani * Commission 17 Sidney M. Fuke * Member Liquor Adjudication 3 ------------ ---18 Wendy M. Waipa * Commissioner Fire Commission 19 Myles Miyasato * Chair Windward Planning Commission 20 Max Newberg * Member Board of Appeals 21 Claude S. Onizuka * Commissioner Liquor Control 22 Kenneth Obenski * Commissioner Transportation Board 23 Jaime Ortiz Nava Appraiser VI Finance—RPT 24 Arthur K. Taniguchi * Commissioner Liquor 25 Thomas C. Randle * Dist. Representative Environmental Management Commission 26 Donald Ikeda * Member Windward Planning Commission 27 Barbara Nobriga * Commissioner Leeward Planning Commission 28 Nyala L. Neill * Member Pension Board 29 Ralph M. Yawata Commissioner Fire Commission 30 Kenneth Goodenow Vice-Chair Board of Ethics 31 Douglass Shipman Member Board of Ethics Adams *Re-review 7. DISCUSSION REGARDING AMENDMENTS TO THE RULES OF PRACTICE AND PROCEDURE OF THE BOARD OF ETHICS OF THE COUNTY OF HAWAII. 8. DISCUSSION REGARDING CHANGES TO THE BOARD OF ETHICS MONTHLY MEETING SCHEDULE. 9. ANNOUNCEMENTS The next monthly meeting of the Board of Ethics is scheduled for April 12, 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 Hawai`i 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 4 * Kamehameha Park Complex Conference room adjacent to Hisaoka Gymnasium 54-382 Kamehameha Park Road Kapaau, Hawaii 96755 NOTE: If you require an accommodation or auxiliary aid and/or services to participate in this meeting (i.e., sign language, interpreter, large print), please call 961-8304, ext. 101). NOTICE TO LOBBYISTS If you are a lobbyist,you must register with the Hawai`i 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),Hawai`i County Code.) Registration forms and expenditure report documents are available at the Office of the County Clerk-Council,25 Aupuni Street, Hilo,Hawai`i 96720. 5