HomeMy WebLinkAbout2016-05-10 Board of Ethics Agenda BOARD OF ETHICS, County of Hawaii
: 101 Aupuni Street, Suite 325, Hilo, Hawaii 96720
,•�. Tel. No. (808) 961-8251
AGENDA
May 10, 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 N.)
Kapaau, Hawaii 96755
1. CALL TO ORDER
2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS.
3. APPROVAL OF THE REGULAR SESSION MINUTES OF APRIL 12, 2016.
4. NEW BUSINESS
a. Petition No. 2016-05: Request for an informal advisory opinion from a County
officer or employee, to determine whether there would be any violation to Section
2-83(b) of the Hawai`i County Code if Volunteer Fire personnel participated in a
Community Service Project.
5. UNFINISHED BUSINESS
a. 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.
1. Correspondence from Lanric Hyland dated March 5, 2016 requesting
petition to be placed on the agenda.
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b. Petition No. 2015-15(a) & 2015-18: Review draft order dismissing petitions
alleging that Board member Kenneth Goodenow 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.
c. Petition No. 2015-15(b) & 2015-17: Review draft order dismissing petitions
alleging that Board member Ku Kahakalau 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.
d. 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.
e. Petition No. 2016-04: Review draft informal advisory opinion regarding the
petition from Kendrick Andrade 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.
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 April 12, 2016.
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 Kelvin Kelii Electrical Inspector DPW—Building
2 Conrad Y Alicuben * Construction Ins•ector DPW—Engineering
3 Tracy P. Pokipala* Asst. Plumbing Inspector DPW—Building
4 Bryant K. Balog* Member Water Board
5 Wayne K. Saiki* Supervisor Electrical Insp. DPW—Building
6 Marcella L. Stroh Vice-Chair Salary Commission
7 Francis Nacis Electrical Inspector DPW—Building
*Re-review
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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 June 6, 2016 at 10:00
a.m. at the Hawaii County Building, Puna Conference Room, Suite 1501, 25 Aupuni
Street, Hilo, Hawai`i 96720 or at another location to be determined.
(Video Conferencing not available)
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 Kohala 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, Hawai`i 96755
laNOTE: 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,Hawaii 96720.
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