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Home My WebLink About2016-04-12 Board of Ethics Agenda �r/OF�. _ , BOARD OF ETHICS, County of Hawaii r: 101 Aupuni Street, Suite 325, Hilo, Hawai'i 96720 •„•jP -- Tel. No. (808) 961-8251 . AGENDA April 12, 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) 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 MARCH 8, 2016. 4. CORRESPONDENCE a. Letter from Lanric Hyland dated March 7, 2016, regarding Petition No. 2015-07. b. Letter from Lanric Hyland dated March 7, 2016, regarding Petition No. 2015-09. 5. NEW BUSINESS a. Petition No. 2016-04: Request for an informal advisory opinion from a County officer or employee, to determine whether there would be any conflict of interest with his employment with the County and as a General Contractor when bidding for County of Hawai`i projects. [Closed hearing requested] 6. UNFINISHED BUSINESS a. Petition No. 2015-10: Review of petition alleging that a County Officer or 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. Correspondence dated February 9, 2016 received from Jessica Yamauchi, Executive Director of Hawai`i Public Health Institute. 1 b. Petition No. 2015-15(a) & 2015-18: Review of petitions alleging that a Board member was 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 he reviewed a petition that could be a conflict of interest. [Continued from last meeting] 1. Correspondences dated October 5, 2015 received from Kenneth Goodenow. c. Petition No. 2015-15(b) & 2015-17: Review of petition alleging that a Board member was 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 she reviewed a petition that could be a conflict of interest. [Continued from last meeting] 1. Correspondences dated March 20, 2016 from Ku Kahakalau. e. Petition No. 2016-02: Review draft informal advisory opinion regarding the petition from Naomi O'Dell, 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. f. Petition No. 2016-03: Review draft order dismissing petition by Lanric Hyland 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. 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 maybe considered in Executive Session. a. Review of the executive session minutes of March 8, 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: 2 Name Position County Agency 1 Marcella R. St. Commissioner Fire Commission Ambrogio 2 Scott Susman Commissioner Fire Commission 3 Kris Hoke Commissioner Transportation 4 Dean Au * Commissioner Board of Appeals 5 Sidney Fuke * Member Liquor Adj. Board 6 Geraldine Giffin * Member Liquor Adj. Board 7 David Abelaye Supervising Bldg. Insp. DPW - Building 8 Kathy Nakashima Asst. Building Inspector DPW - Building 9 Doris Taketa Building Inspector DPW—Building 10 Harry Dan Boyko Building Inspector DPW—Building 11 Mark A. Stroud Building Inspector Aid DPW—Building 12 Jeremy Rice Asst. Building Inspector DPW—Building 13 Steven R. Tossman TA Supervising Plumbing DPW - Building Inspector 14 Wayne K. Sakai Supervising Elect. Insp. DPW—Building 15 Daniel H. Lee Structural Engineer DPW—Building 16 Tracy P. Pokipala Asst. Plumbing Inspector DPW—Building 17 Kelly Wilson Plan Examiner DPW—Building 18 Neal Tanaka Mechanical Engineer III DPW—Building 19 Craig S. Takamine Chair Water Board 20 Jessica M. Andrews Building Plans Examiner DPW—Building 21 Dwayne Inouye Supervising Bldg. Insp. DPW—Building 22 Dion Gonzales Eng. Support Tech II DPW - Engineering 23 Todd L. Spencer Asst. Plumbing Inspector DPW—Building 24 Kiran F. Emler Civil Engineer V DPW—Engineering 25 Bryson K. Silva Plumbing Inspector DPW—Building 26 Gary Kahoohanohano Supervising Electrical DPW—Building Inspector 27 Donovan Akau Building Inspector DPW—Building 28 June Rabago Chair Merit Appeals Board 29 Joon So Engineering Support Tech DPW—Engineering III 30 Chris Domino Building Inspector DPW—Building 31 Rick Uchida Asst. Electrical Inspector DPW - Building 32 Rodney B. Astrande Supervisor Plumbing Insp. DPW—Building 33 Bryan K. Balog Member Water Board 34 Luis Chavira Building Inspector DPW—Building 35 Nathan J. Chong Electrical Inspector DPW—Building 36 Armando Alvarez Eng. Support Tech IV DPW-Engineering 37 Nathan Osorio Building Inspector Aid DPW- Building 38 Lance SK Martin Building Inspector Aid DPW -Building 39 Troy B. Haspe Electrical Inspector DPW—Building 40 Charlie V. Silvano Electrical Inspector DPW—Building 41 Tina Crosby Building Inspector Asst. DPW—Building 42 Robert W.K. Lum, Jr. Plumbing Inspector Asst. DPW—Building 3 43 Mateo Ceralde Electrical Inspector DPW—Building 44 Kelly Gomes Civil Engineer V DPW—Engineering 45 Tod R. Tanimoto Building Inspector DPW—Building 46 Neil Erickson Plans Examiner Manager DPW—Building 47 Conrad Y. Alicuben Construction Inspector DPW— Engineering 48 Robert W. Northrop Construction Inspector DPW— Engineering *Re-review 7. DISCUSSION REGARDING AMENDMENTS TO THE RULES OF PRACTICE AND PROCEDURE OF THE BOARD OF ETHICS OF THE COUNTY OF HAWAI`I. 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 May 10, 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 * 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),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),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. 4