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HomeMy WebLinkAbout2016-05-10 Regular Session Minutes HAWAII COUNTY BOARD OF ETHICS MINUTES—REGULAR SESSION Tuesday, May 10, 2016 10:05 a.m. to 12:25 p.m. Hawai`i County Building 25 Aupuni Street County Council Chambers Hilo, Hawai`i 96720 Members and Staff Present: Kenneth Goodenow, Vice-Chair Douglass Adams, Member Rick Robinson, Member Darnel Kalele, Member J Yoshimoto, Deputy Corporation Counsel Gary Murai, Special Corporation Counsel Emily Hirayama, Secretary 1. CALL TO ORDER Mr. Goodenow called the meeting to order at 10:05 a.m. All the Board members are present except for Chair Ms. Kahakalau. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Mr. Goodenow: Do we have any public testimony? Waimea? Kohala? Ms. Sweeney: Kohala. Mr. Goodenow: How many testifiers do you have? Ms. Sweeney: I have two testifiers. Are you going to be testifying? And one observer. Mr. Goodenow: Alright we'll take your two first over there in Kohala if that's alright. If you could start by stating your name and stating what item you are testifying on. Ms. Sweeney: Sir...the testifier would like the Chair to be present before he starts his testimony. Mr. Goodenow: I don't think the Chair is going to be here today. So if he's requesting that we continue his matter, we can do that at the time if he wants to make that as part of his testimony. 1. Ms. Sweeney: Negative. We'll proceed. First testifier will be Lanric Hyland and he'll be speaking on 2015-03. Second testifier will be Peter Risley. He'll be speaking on 2015-03 and there both for the Board of Ethics. Please re-state your name. 1) Lanric Hyland (Kohala) signed up to testify on agenda item 5a, Petition No. 2015-03. Mr. Hyland: Lanric Hyland. Aloha Ethics Board members. Well at long last we come to where the rubber meets the road. When you come to agenda item 5a, I have a statement I want to read. It is the statement that I didn't get to make last year, modified by the year's events. But meanwhile I want to say these few words. I've previously suggest that you move forward at this time based on the Mayor's televised comments and upon the written record of his pCard use. It was contained in the report of the County auditor. I want to make that same suggestion to you again now. I also want to quote the Mayor as quoted in the May 10, 2015, Hawai`i News Now article by Rick Daysog. The Mayor said "I was under the mistaken impression that as long as I made payment, took responsibility and made payment and did not shift that burden to the tax payer, that it was okay"he said. "I want to take full responsibility for the issues of my government pCard. Any mistakes that were made, are entirely my own." I hope you will simply take him at his word and not waste time on whether he did or didn't do it. By making this statement that I just quoted. What has he admitted? One...he admitted that making repayment doesn't matter. Two...he's admitted to taking responsibility doesn't matter, he took it. Three...he's admitted that just because the tax payers doesn't lose anything doesn't matter. Let me take a crack at setting the stage for you. Conclusions of Law. One...a County officer using his pCard for personal expenses is a violation of both State and County policy. Findings of Fact. One...Mayor Billy Kenoi has admitted that he used his pCard to pay for personal expenses. That's it...really...that's all that's necessary for you to find and it's already before you. Today as you consider my petition against Mayor Billy Kenoi, I hope you will answer one simple question and you can answer it today with no further investigation on your part. If Billy Kenoi misuse of his pCard violate the highest that's in the Charter...the highest standard of ethics expected of the Mayor of Hawai`i County by the County Charter Code of Ethics. If your answer is yes, which it must be, I hope you will recommend the most ethical thing he can do at this point which is to resign. Don't represent your own self-interest, represent the citizens of Hawai`i County. Say he should resign. Mahalo. 2 Ms. Sweeney: Chair this is Kohala. Did we lose you? Mr. Goodenow: Sorry my mic was off Thank you. We're ready for the next testifier. Ms. Sweeney: Chair. May I ask with respect that you tell us who is there? It's very hard for us to see for some reason the screen. We would like to know who is present, sitting on the Board of Ethics. Mr. Goodenow: I do see your camera view is a bit distant there. We'll work on getting a closer picture, but all members except Chair Kahakalau are present. Ms. Sweeney: Thank you. 2) Peter Risley (Kohala) signed up to testify on agenda item 5a, Petition No. 2015-03. Ms. Sweeney: Please restate your name for the record. Mr. Risley: My name is Peter Risley. I am a farmer in Hawi. We are at a pivotal, historical, political turning point here in Hawai`i and across the nation. In my opinion we are headed for a debt fueled economic slump and a political tidal wave brought on by the upcoming presidential election. And that brings us to a flawed and unsatisfactory Board of Ethics. This is a big problem for the State and for in particular the Big Island. This island, this State cannot progress without a clean and uncorrupted political administration that needs to handle the big upcoming political crisiss. Is the Board of Ethics up to the job? No! We need an unbiased word without political debts, that's not the present Board. I ask you to resign, the whole lot,just resign. You are unable to deal with the issues you're supposed to deal with. Shame! Just to take on...just resign and allow others who are ready to take on their heavy responsibilities. A pre and unbiased Board could help lead and guide our State and island back to a just and uncorrupted future. Thank you very much. Mr. Goodenow: Thank you. Ms. Sweeney: Chair, I have no further testifiers. Mr. Goodenow: Thank you Kohala. 3 3) Corey Harden (Hilo) signed up to testify on agenda item 5a, Petition No. 2015-03. Mr. Goodenow: We'll now move to testifiers in Hilo. The first testifier will be Cory Harden speaking...regarding agenda item 5a. Ms. Harden: I brought something I'd like to pass out to you. A mug shot from the Police Department. Mr. Goodenow: Can we keep that for the record? Ms. Harden: Yes. Mr. Goodenow: Thank you. Ms. Harden: Just to remind us of the seriousness. So good morning Ethics Commissions and thank you for your volunteer service. I'm speaking about Mayor Kenoi's pCard use. My name is Cory Harden. Mayor Kenoi has done a lot of good things,but he should not remain in office. Our County Charter calls for treating everyone in an "impartial manner". If a County clerk borrowed $30,000 of taxpayer money, continued despite repeated warnings, and covered up for five years, they'd be fired. Kenoi's actions were so serious that we have this mug shot. And so serious that he hired not one, not two, but three Honolulu criminal defense lawyers. County Council has rebuffed Councilmember Wille's attempts at action, and hasn't even asked what the administration is doing about the pCard issue. Finance says they're still reviewing pCard policies. It seems you're the only County entity that may act any time soon. I hope you will act based on what you know so far, before Mayor Kenoi ends up out of your reach when his term ends. If his trial yields more revelations while he's still in office, then you can take further action. Our County Code of Ethics is supposed to be "liberally construed to promote high standards of ethical conduct in County government." The Star-Advertiser observed, "the standard he [Kenoi)has set is alarmingly low". Our State Constitution says "the public credit" shall not be used "except for a public purpose". Our Ethics Code prohibits "Using County property or personnel for other than a public activity or purpose." The County Charter says "All public property and equipment are to be treated as a public trust and are not to be used in a proprietary manner or for personal purposes without proper consent". It also says non-compliance "shall constitute a cause for suspension, removal from office or employment, or such other penalty as the Council may prescribe by ordinance." Civil Beat has questioned Kenoi's ability to fulfill his responsibilities as Mayor while 4 defending himself against charges including one felony charge that could bring a penalty of up to 5 years in prison and a fine of up to $10,000. Civil Beat called this "Not the sort of thing one prepares to defend against part-time." Kenoi considered missing his usual presentation of his budget request to County Council in 2015, apparently reluctant to face questions about the pCard. And he been keeping a pretty low profile for him for a while. This ongoing drama is consuming resources that are sorely needed elsewhere, and teaching our young people a civics lesson they do not need. Thank you. Mr. Goodenow: Thank you. 4) Richard Dinges (Hilo) signed up to testify on agenda item 5a, Petition No. 2015-03. Mr. Goodenow: Next testifier is Mr. Richard Dinges. Mr. Dinges: Dinges. Mr. Goodenow: Dinges. Sorry...thank you. Speaking on Petition No. 2015-03. Mr. Dinges: Good morning Board members and I also want to thank you for volunteering your time to serve on this Board. I know it's a big commitment and I appreciate it very much. I'm here in reference to Mr. Hyland's petition. Today, the eyes of the County and State are watching to see what action is taken in the case of alleged ethics violations by Mayor William Kenoi. I believe the citizens want to see this panel make a decision today at this meeting. My first point is that the Mayor violated the terms of fifteen page County purchasing pCard program and procedures manual of October 2013 and that's available online. The manual states that in order to be issued a pCard, a County employee must sign an agreement that states "I understand that use of the pCard to make personal purchases is prohibited, unless specifically authorized." Further, "I will not use the pCard, under any circumstances, for unauthorized personal use" that requires a signature. Cardholders also sign and acknowledge "if the pCard is used for unlawful or improper purposes" and they also be subject to disciplinary action for misconduct again in the manual. In addition, page four of the manual states that pCard purchases are to be made only for budgeted items that serve a legitimate departmental purchase. I ask you to determine if among other irregularities, surf board and bicycle purchases are considered budgeted items serving a legitimate departmental purpose. Pages five and six of the same manual restrict pCard holders from making purchases for such 5 items as dating and escort services, good and services for personal use and for liquor unless specifically authorized. The record irrefutable reflects that the Mayor purchased liquor at two Honolulu hostess bars. These were not budgeted items. This matter reaches far beyond the Mayor's behavior. The call is being made for this Board to take action today so that it is clear that the County of Hawai`i takes swift action to censor violations and makes it clear that no one is above the law, including the Mayor. I conclude this morning with the words of U.S. Supreme Court Justice Lewis Brandeis in his June 4, 1928 decision in the case Halstead v US and these are the Justice's words. Decency, security and liberty alike demand that government officials be subjected to the same rules of conduct that are commands to the citizen in a government of laws. Existence of the government will be in peril if it fails to observe the law scrupulously. Our government is the potent, omnipresent teacher for good or for ill. It teaches the whole people by its example. Crime is contiguous if the government becomes a law breaker. It breeds contempt for law, invites every man to become a law onto himself. It invites anarchy. Thank you. Mr. Goodenow: Thank you. Are there anymore testifiers? Apparently, there is one more testifier in Hilo. 5) Joy Cash (Hilo) signed up to testify on agenda item 5a,Petition No. 2015-03. Mr. Goodenow: Alright coming forward to testify is Joy Cash speaking on item? Ms. Cash: The agenda. Mr. Goodenow: On the agenda? Ms. Cash: Yes. I'll try to keep it brief. My thoughts are very brief on this. I'm Joy Cash and a resident of Hilo. I find...my understanding is that Billy Kenoi is a criminal attorney and as such he should fully understand the law. In addition to that, I heard that Harry Kim, his previous employer made it abundantly clear to Mr. Kenoi that this...the pCard were only for public use not private use. In addition to this, I find it very egregious and I'm not a religious person I want to make that abundantly clear. But I find it egregious that our elected civil servant would use our tax payer dollars to support the sex trade in Honolulu. I find that very egregious...I really do. So I think that Mr. Kenoi has some consequences to face as we all do as adults. My actions, I have consequences either call for, wanted or I don't like them and that's the way I learn. That's the way I learn to correct my behavior in 6 life. So for Mr. Kenoi to avoid consequences of his adult actions in this regards. I think we're doing him a(inaudible) as well. As a human being, this is the way we learn to adjust our behaviors. Thank you very much. Mr. Goodenow: Thank you. Seeing no other testifiers, let's move on to the next item of business. 3. APPROVAL OF THE REGULAR SESSION MINUTES OF APRIL 12, 2016. Mr. Goodenow: Do I have a motion to approve? Discussion? Motion and Vote: Mr. Adams moved to approve the minutes. Mr. Robinson seconded the motion. All members voted aye. 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 Hawaii County Code if Volunteer Fire personnel participated in a Community Service Project. Mr. Goodenow: Is the petitioner present? If you could come forward and you have a right to request a closed hearing. Would you like a closed hearing? It's up to you. Mr. Komatsu: No. Mr. Goodenow: No? Alright then come forward. Is there anything you'd would like to state to us in addition to what's in your petition or anything you want to emphasize. Mr. Komatsu: No. Good morning. First of all I would just like to introduce myself. My name is Clyde Komatsu and I'm the training captain for the volunteers on the east of Hawaii. This is Toni Bello to my right. She's a volunteer here at Pepeekeo. She came up with the idea about doing this giving thing at Christmas or whatever it is like the Lokahi Tree Foundation or Salvation Army and stuff. We just wanted to know if we're going in the right direction before she does proceed with the Lokahi Giving Tree. I can have Toni speak on behalf because she probably knows more about the project than I do. Ms. Bello: Hi. Good morning. Thank you for allowing us to come before you and I also thank you for volunteering your service to our community. What we are trying to do is...I have done several 7 giving projects throughout the years. We've gone through Lokahi project, we've also gone thru the Salvation Army organizations. They screen families, they make sure the families are legit, they do the background checks and financial everything. To be able for us to give back to the community, what I did and I'll leave with you is I printed out the Lokahi information. I've also printed out some of the information on previous families that I've done what we've been able to bless the families with. What we're asking for is authorization from the County to do this...to bless a family this Christmas. It will cost the County zero money. We the Pepeekeo volunteer firefighters will be providing everything on the wish list for the families. The only thing that I'm asking is that we be able to store the items at our volunteer fire station. And I think that's what...is a big question right now if that's something that we can do just store the items at the volunteer station. Again, zero cost to tax payers, it's something that the volunteers will be providing. We'll go out shop and just store it at our volunteer station. Mr. Goodenow: Alright. I guess we need a motion at this point before proceeding to discussion. Is there a motion? Mr. Robinson: I would make a motion that what's been proposed under this is not a violation of the Ethics. Mr. Adams: Second for the purposes of discussion. Mr. Goodenow: Discussion. Mr. Robinson: No discussion for me. Mr. Goodenow: Mr. Adams? Mr. Adams: I have some questions. Both of you thanks for being here and for bringing this. It sounds like wonderful activities. Ms. Bello...when you talk about we having done this in the past...can you characterize who "we"is. Ms. Bello: Okay...I'm sorry. When I worked for a previous doctor, our complex was able to organize our first family and from there we've been able to do seven families in the last seven years. Mr. Adams: So the doctor's a private citizen, private business... Ms. Bello: Private Citizen...yes, yes. 8 Mr. Adams: And you were in private business relationship as a member of his employ. Ms. Bello: Correct. Mr. Adams: And the use of the Lokahi Giving Tree or the Salvation Army I assumed you used both of those to identify a family in each of those years. Ms. Bello: Yes. Mr. Adams: And that's how you chose both Lokahi and Salvation Army was simply you knew that there was...that they had eyes on potential families that could use that support and approach them on your own. Ms. Bello: The first year I approached the Lokahi people...Lokahi Project because I had seen it on the news that there was these families that needed things throughout the holidays. After that, Salvation Army contacted me knowing what we were able to do. Different organizations in my private entity contacted me and so this past year I talked to Captain Komatsu. We wanted to do it thru the volunteer...Pepeekeo volunteer company IAlpha...giving back to the community as a service project per se. Mr. Adams: Captain...can you characterize for me the status of the volunteers...volunteer firefighters...the lAlpha that works for...what's is that...what's their status if you will. Mr. Komatsu: Their status? Mr. Adams: Right. Mr. Komatsu: They're a complete volunteer company right now. Mr. Adams: Okay. Mr. Komatsu: We have about...I think eleven people on their volunteer right now. Mr. Adams: So they follow the direction of the active duty fire captains? They're working for the County...if there's a fire...they're using County equipment. Mr. Komatsu: Right and County training. They get page, they get toned out, and they get pagers and stuff like that. So they're kind of like on a 9 24/7 kind of deal. If they're available to respond to those calls, they respond to those calls. Mr. Adams: They do this as a company do, they do this on their own or do they fit in with professional firefighters? Mr. Komatsu: We train with a...I train with the volunteers and also we kind of do integration with the regular firefighters also. So when...like Toni's been in this thing for almost twenty years with the company. When they do go out and fight fires with different captains from Central...Waiakea...wherever it is. They already put the name with the face. So they work together. Mr. Adams: So if someone is a volunteer in that company...do they have to follow fire department regulations...rules and regulations? Mr. Komatsu: Yeah. Mr. Adams: And if they don't...what happens? Is there...what are the consequences...is it just their no longer volunteers or are there other consequences associated with it...similar to what a professional firefighter would have to face? Mr. Komatsu: Yeah. I would believe so. Yeah. Mr. Adams: The station is County property? Mr. Komatsu: County property...yes. Mr. Adams: We're talking about being able to store... Mr. Komatsu: Yes. Ms. Bello: Yes. Mr. Adams: Where the company operates and all that. Ms. Bello: We got the property donated to our...we got one acre donated to Pepeekeo. We wrote a grant to construct the volunteer fire station and we also have a grant that was used to purchase the fire engine that's there. So basically, we've been self-sufficient even though we fall under the County Codes and Ethics. And we do abide by all of that...it's just that...it's giving back to the community. Mr. Adams: Sure. I appreciate that, but once those things were donated, they were donated to the County and the County took ownership. 10 Ms. Bello: Ownership...correct. Mr. Adams: Does the fire station allow for other community activities to be conducted there? Ms. Bello: No. Mr. Komatsu: No. Mr. Adams: Not for a fee or anything like that? Ms. Bello: No. Mr. Komatsu: No. Mr. Adams: Are you aware of that situation anywhere in the County where fire stations are used for other community activities? Mr. Komatsu: Depends...I don't really know...not community activities too much. Mr. Adams: When you...as a part of the process of helping these families out, I read in the petition that the idea was that there would be some solicitation for donations, you'd ask people. Ms. Bello: No...no. Mr. Adams: So this would be... Ms. Bello: This is the volunteer members of volunteer company IAlpha providing what we can on the list for that families. No solicitation outside and the community. Mr. Adams: You're not asking the community or businesses or anything like that. This is simply the members of the volunteer company on their own volunteering. Ms. Bello: Yes...yes. Mr. Adams: Thank you. Those are the questions...I might have a couple of others, but that's what I have for the moment. Mr. Goodenow: Any other questions? Members? No. 11 Mr. Robinson: If I could...you know you talked about community activities. I know I've been to the fire station and had my blood pressure taken before. Is that considered? Mr. Komatsu: Yeah...maybe. I could be that, but it's not anything like parties or stuff..that kinds of stuff. But you're right. Blood pressure screening. Mr. Robinson: I appreciate it. Thank you. Mr. Goodenow: Okay...any other questions? Any further discussion before we move to a vote? Mr. Adams: I do. Part of the reason for the questions is to try and clarify at least in my mind the...whether or not the Code of Ethics...County's Code of Ethics actually applies to this situation so that's...we have the volunteer firefighters there...integrated into the professional firefighter ranks...part of the County. They fall subject to the County's rules and regulations. They fall underneath the administration of our professional firefighter leadership. I would be interested...if we move forward with this as a consideration...let me re-phrase that. As I'm listening to this...it appears to me that they therefore fall underneath the Code of Ethics, Article 14 in the Charter. So that's...that means I then have to bring that in and take a look at the Code and whether or not individuals that can be considered agents of the County whether officers or employees are in violation as a result of this kind of activity. When I take a look at what's happening as we have in previous...when we've been faced with petitions that are looking to do similar work. There is my concern about how the non- profit's chosen. Non-profits in this case are considered private businesses in the scope of the Code. The fact that they're being chosen without there being some type of competition. Potentially is violation. The idea that we could go to 2-83 and we talk about 2-83(a)(1) where it talks about all public property and equipment to be treated as a public trust and not to be used in a proprietary manner or for personal purposes without proper consent. This is personal purpose. I look at 2-83(b)(3) using County time, equipment or other facilities for private business or campaign purposes. I look at 2-83(b)(5) using County property or personnel for other than a public activity or purpose. This falls within those restrictions at least in my view and so I would be inclined to have to answer the request with it as it is currently being asked...this activity by the volunteer fire department...by the fire company would appear to me to fall afoul of those provisions of the County Code of Ethics. I think that there may be...I mean if there were 12 other means...if there were other ways of characterizing who is actually trying to do the activity and then there is some type of...a potential...I know that it exists in other jurisdictions...whether or not it's in this jurisdiction. Where government facilities both at State or at lower levels are...have...letters of agreement for example for the use of the facility with a particular organization. There are ways to work thru that would not necessarily fall afoul of this, but as currently characterized I would find it...that this would do that. Ms. Bello: Okay. Mr. Goodenow: Further discussion? I'll make a few comments. Unfortunately, perhaps the Code could be clearer. I mean I agree where coming from Mr. Adams. If you look at word for word...I could see how you could come to that conclusion...it's a safe conclusion. That being said however...I do think there's some ambiguities here for example. When it talks about all public property and equipment are to be treated as a public trust and are not to be used in a proprietary manner. I wouldn't say this is a proprietary manner or for personal purposes. It's not like any of the members get a personal gain. So I wouldn't say personal purposes...without proper consent. There is a vehicle for consent...I mean they wouldn't have put it in unless it meant something. And I think...you know there's a lot of...I mean you look at the Cop on Top program, Toys for Tots and I know the clerk's office collects toys. I mean almost every department does this. Now that of course isn't to say that it's correct...I will grant you that, but I think this has a lot of implications. I think when we look and I understand why you say private business. I'm on the Board of Bay Clinic for example...that's certainly a non-profit...but you know you could also say that that is a private business. In the terms of the Code, how do we interpret their non-profit? Says here using County time, equipment or other facilities for private business or campaign purposes. Private business though to me...in reading in the context of the overall section means that the person is making money off of something. I don't think that's what's...I don't think what you're suggesting should be prohibited...should be prohibited because of the use of that term. I admit I hope our Council will clarify this. I think it needs to be clarified, but I think it would be a big mistake now to say no here and the precedent of that...I just think a lot of good is being done and will be done. We really should not with very strict interpretation here...try and cut that out. I don't think that it's... they're not benefiting and at the same time...I mean you could almost argue that there is something of a public purpose in that you want volunteer firefighters to feel 13 like they enjoy being...I mean they don't get paid...you want to attract volunteer firefighters...I mean it's good for...it's good PR in a way. I know that maybe going a little beyond the language here in the Code. I see that and so I feel we should allow it that it would be a proper consent for us to do that. Mr. Robinson: If I could add...I agree with all of the points that Mr. Adams made with except of one and that being the definition of business...that a non-profit in my mind is not clearly defined as being a business. I mean it is...you do go thru the corporation process and you get registration with the IRS, but you're not in the business to make a profit. So that's the only...for me the only definition or the only item that I would hang my hat on I guess you could say for proving this. Mr. Goodenow: Further discussion Mr. Adams? Mr. Adams: Just to clarify my view on this. I think that my...it's my interpretation...but my interpretation of the phrasing comes from a context that if it's not government then it's private. Right? And so...and what the Ethics Code is designed to do in this particular section is make sure that any use of public facilities meaning government facilities are conducted either by government entities or in a way that allows for fair and impartial use. So when I am looking at the use, I'm not looking at the purpose of the use. It's a noble purpose...right...but it's being done by folks that are subject to the Code and it's being done...So they're on a quandary...if they are subject to the Code because they are quasi County employees, their ability to conduct non-profit...to engage in non- profit and use government property to do...it puts them afoul of the sections here. Now if we took the other side and said well they're not actually part of the...you know they're not actually part of the County...they're not subject to the Code of Ethics in that way. The fire station is still government property and you still have to come up with a way to allow then that volunteer activity to continue to do what they like to do there. In either case, I'm not able to make that jump that the activity is allowed under the rules that we have here. Is there a way to do that? I think there probably is, but it's not in the way that it's characterized right now. Mr. Goodenow: Any further discussion? Mr. Yoshimoto: Mr. Chairman...Okay I want to make sure or clear what the record...depending on what the Board decides so I just want to caution the Board members to make sure that if you have anything else to add in terms of the rationale behind the reasons for your 14 vote then now would be the time to do it because if we are going...if the Board is going to approve or disapprove this I mean we need to have the proper record I what I'm just trying to say so I know Mr. Chairman you did state your reasons and so if you're comfortable with that as laying the foundation for the record that's fine. That's my only suggestion. Mr. Goodenow: With that being said, does anyone want to add anything? Ms. Kalele: I will. I have done non-profit agencies for many years and I come from that. So I understand where you're coming from, but another thing I was wondering if it's in your agenda when you do your volunteer work...have you ever thought about hyphenating and put as a neighborhood center? I'm wondering if you know it might conflict with you, but since all the volunteers...you have a Hui and add a neighborhood center and then maybe Lokahi can support you to be that part instead of we have to go through the County. Maybe you would use that as a non-profit under their umbrella as a neighborhood center and pay the County a fee of a dollar a year to say we're non-profit organization. So I think that would be clearer when you do your agenda for your non-profit and your charity work for Lokahi Tree that would make it I think much understanding that you are a volunteer fire station and a community center. So I don't know if that's...can...captain is that something that you every thought about doing a community center because there's more people who want to give donations to a charity group. But it's the area...the facility...there's lack of facility in your neighborhood? Ms. Bello: Yes. Ms. Kalele: Make a community center. Ms. Bello: Well we do have a community center above the fire station. We have a community center...it's just that the community center is County property also. Ms. Kalele: Right. Ms. Bello: So it would still be the same thing. Basically you know it was just that we were trying to do something good. And we just needed someplace to store the items. If the Board says and I understand what you're saying...If that's it...we'll try to find someplace else to store the items. 15 Mr. Goodenow: Any comment or...I'11 just add one thing because you asked such a great question about the blood pressure. If we really wanted to go...I mean...be extreme I mean when you read all public property and equipment be treated as a public trust and not to be used for personal purposes or that you'll benefit any person well I mean I would benefit from getting my blood pressure checked. Are we gonna do that? I think...you know this is a balance...we have to look at the language we have and balance it and use some discretion in how we interpret what the words say. And I think it's appropriate for us to approve the project. Alright Mr. Yoshimoto I don't know that does any good for you. You'll have to struggle with writing your opinion. Seeing no further discussion. Motion and Vote: Mr. Robinson moved that there is no violation and to allow the volunteers to participate in the community service project. Mr. Adams seconded the motion. Board members Goodenow, Robinson and Kalele voted aye. Board member Adams voted no. 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. Mr. Goodenow: I believe we've all received Mr. Hyland's written correspondence dated March 5...if not, please let me know. At this time before moving on to the main motion I would like to someone to make a motion that we go into executive session so that we may consult with Board's attorney on questions and issues pertaining to the Board's power, duties, privileges, immunities and liabilities. Motion and Vote: Mr. Adams moved to go into executive session. Mr. Robinson seconded the motion. All members voted aye. 10:52 a.m. The Board left regular session. 11:19 a.m. The Board returned from closed session and took a brief recess. 16 11:22 a.m. The Board returned from brief recess. Mr. Goodenow: Calling back to order the Board of Ethics meeting. We've already read into the record, we're on item 5a on the agenda Petition 2015- 03. My understanding there is a pending motion, but if we could have our Corporation Counsel kind of give us...confirm where are we exactly... Mr. Murai: Chair maybe we should have the parties make their appearances first. Mr. Goodenow: Okay. Kohala I believe we have Mr. Hyland...you are there yes? You can hear us? Ms. Sweeney: Yes hear loud and clear. Mr. Eddins: Good morning Board members. My name is Todd Eddins, I'm the attorney for Mayor William Kenoi. Mr. Goodenow: Thank you. Mr. Murai: Okay I see that we have Mr. Hyland by video feed. So Mr. Chair I just wanted to make sure that we had a clear...we all...parties included had a clear understanding of where we're at in this proceeding and so I'm gonna kind of recite the record. 1 guess this matter Petition No. 2015-03 was filed on April 7, 2010. Mr. Adams: I'm sorry 2015. Mr. Murai: I'm sorry 2015. The things...I'm just going over the pleadings that were filed. There was an email motion for reconsideration and that email was dated February 4, 2016. Subsequently, there was a letter from Mr. Hyland dated March 5, 2016 and this is the letter that asked that...informing the Board that he had recovered from his illness and he was asking the Board to place the matter back on the calendar. Then on March 10, there was an addendum...Mr. Hyland filed an addendum number 1 and 2 and that's dated March 10, 2016. One more thing, I believe that on May 13, 2105, Mr. Goodenow made an oral motion for reconsideration and that motion was...there was a vote to defer that hearing. So hearing on that motion for reconsideration so my take on that is that unless the Board votes to put that matter back on...that the matter would stay deferred unless someone wants to renew the motion or put it back on the table. Members that's my understanding of the procedurally where we're at. So unless the Board decides to hear any other pre- 17 • hearing motions. I believe what is before the Board is the petition and the status of the matter is at it has been...the Board had previously voted to defer the matter until the disposition of any possible criminal proceedings that may be brought against the respondent Mr. Kenoi. Mr. Goodenow: Okay. Any discussion on where we're at Mr. Adams? Mr. Adams: We did...we then came back as I understand...as I remember at least as I understand from our minutes. We actually...then had a vote pending on reconsideration of that motion to defer. And then we continued a number of times not having actually hearing that. Mr. Goodenow: I think you're both correct. I mean either we re-state the motion if we want to or we take it as pending. I don't think it matters, but the exact wording of the motion...could you read that for us Rick. I remember you had...I was wondering what is the exact wording of that motion. Mr. Robinson: Well it starts off it says...so we have a motion to defer the petition pending the Attorney General's investigation...a criminal investigation. I think we've heard that for the purpose the question was whether or not there's an additional piece to that. And then further on it says Mr. Adams says I move to defer petition 2015-03 pending the...I think I said the completion, but I'm not sure that's the correct phrasing pending I'll open that up a little bit more pending the...then Mr. Goodenow said disposition and Mr. Adams says yes pending the disposition of the Attorney General's criminal investigation. Then we had a second by Mr. Goodenow and it was yes. Mr. Goodenow: Okay so... I mean it's open to debate, but right now we believe that the pending motion is to defer the petition pending the disposition of the Attorney General's criminal investigation. Are we in agreement on that? Mr. Robinson: Correct. Mr. Adams: Please re-state that...I'm sorry. Mr. Goodenow: So...this was your motion. I move to defer petition 2015-03 pending the disposition of the Attorney General's criminal investigation. Mr. Adams: That was in May...May of 2015 meeting and then in July... 18 Mr. Goodenow: We reconsidered the deferral to open it up to remove Deanna Sako. She was removed and we're back pending this same motion...the same motion is still pending is my understanding. Mr. Adams: So as I take a look at the July 2015 minutes and in the packet we have before which is a reconsolidation of those minutes for this particular purpose. On nineteen, you moved that we reconsider our decision to defer our investigation until disposition of the Attorney General's investigation which I then seconded that motion. Mr. Goodenow: Right. Reconsider the vote...right. Mr. Adams: Right. The motion...I'm reading from here so but anyways yes. And then you then said you withdraw the last motion...take Mr. Hyland's communication first...that was great. We then filed that communication and then you again moved that we reconsider the action previously taken at the last Board meeting to defer our investigation pending the outcome and the disposition. I seconded it. We then...moved...you then moved to defer that notion of motion...notice of motion to reconsider. We all voted aye and then we have continued since that point. So we are...still within...so my question would be then...if we're gonna bring back...we're gonna bring 2015-03 back up...how are we going to do that based off of the last action which was this. Deferral...defer the motion to defer the notice of motion to reconsider. Mr. Goodenow: I'm sorry defer the notice of motion... Mr. Adams: That's the last motion we all voted aye on. Mr. Goodenow: What page it is that? Mr. Adams: That's on twenty-two. Mr. Robinson: (inaudible) Mr. Adams: That's...it's the motion and vote down towards the bottom. Ms. Sweeney: Chair. This is Kohala. Mr. Goodenow: Deanna Sako...that's like page twenty-three here. So you're right, so we're back to the pending motion. We undid the vote on...we reconsidered the motion to defer and that's where we're at. Mr. Adams: Right. 19 Mr. Goodenow: Now I think Mr. Murai suggested that maybe it would be cleaner if we just take a new motion and I can withdraw that motion or we can vote up or down on the motion to defer. Procedurally, that's the correct route would be to... Mr. Adams: Okay I'm fine with that so essentially what that would mean for our newer members is that...correct me where I go astray here. We back in the May 2015 meeting voted to defer the petition...the consideration of the petition pending a disposition of the Attorney General's investigation I think is the term that we used. In July, we then were voting on the order and we had to vote to approve the order before we could then vote to reconsider our decision in the May meeting. We did vote to reconsider and since that time with the exception of the dismissal of Ms. Sako's element of the petition have been in this state of not doing anything on this petition. Mr. Goodenow: Right. I think that's correct. Mr. Adams: So the motion then would be to bring...I guess the motion would be I move to bring back 2015-03 for our consideration. Mr. Goodenow: Alright. Do I have a second? Mr. Robinson: Just so I'm clear...bring back the petition... Mr. Adams: From its current state of being deferred. Mr. Robinson: Of being deferred. That's the one pending the disposition of the Attorney General's criminal investigation. Mr. Adams: I gone astray? Mr. Robinson: No. Mr. Goodenow: I think we're fine with that. Mr. Robinson: Okay. If that's what it is, then I'll second that. Mr. Goodenow: Alright. So again this vote is to whether we bring back on the floor with no pending motions the petition. If we feel it should be deferred pending the Attorney General's investigation we should vote NO. Mr. Adams: Right. Mr. Goodenow: If we feel that we should proceed...we vote YES. 20 Mr. Adams: Thank you. Mr. Goodenow: Mr. Murai do you have any comments? Mr. Murai: My understanding is this vote...an affirmative vote YES would clear the decks of any outstanding motions and put it back before the Board for the setting of an informal hearing or not. Is that correct? Mr. Goodenow: I think that's clear. Mr. Murai: That's my understanding too. Mr. Robinson: If I could just one question before we vote. What is the definition of disposition? Mr. Goodenow: Maybe we should save that for discussion. Any discussion? Now you can ask that. Mr. Robinson: Okay. Mr. Goodenow: Oh we had a motion. Has it been seconded? Mr. Adams: That's Rick. Mr. Goodenow: Discussion. Mr. Murai: Well my own definition of a disposition would mean that the matters been concluded. In other words...it's been concluded by a...if we're speaking of criminal charges or an indictment. Disposition in my mind would be...holding of a hearing and a conviction or acquittal and the sentence if appropriate. In other words...the matter is pau. Mr. Robinson: Okay. Thank you. Mr. Goodenow: Is there any further discussion? Mr. Eddins...would you care to give us some input...I mean...I'11 throw in a little discussion now. If...I don't know if we can assume that...I think one of the concerns is the criminal case would continue beyond the Mayor's term of office and then at that point we would lose jurisdiction. I think that was expressed in a previous motion...discussion on this matter. I don't know at this point I still feel...there's a criminal case going on. I think it might be best not to interfere...let Mr. 21 Kenoi have his fair trial and move forward. Mr. Eddins do you have any comments? Mr. Eddins: Thank you. I would concur with that assessment and I also concur with Mr. Murai's understanding as to the definition of disposition because we believe that a disposition would mean the conclusion of the case. The rational that I believe this body used in its justification initially in deferring the proceedings was premised on the fundamental due process notions of when there's parallel, civil and criminal proceedings that the criminal proceedings go first. I think that's what...I'm not gonna read intent into the Boards prior decision, but I think that's what in my view the rational was. That rational has not been altered since this body made that call and I see there being an absence of compelling reasons to reconsider the earlier ruling because the same justification does remain. Mr. Goodenow mentioned as far as or subtly I guess mention you know what's gonna happen to the criminal case. I can share this. Right now it set for July 18. I has not officially been continued at this point. However, there has been discussions with the trial judge and the Attorney General whose prosecuting the case...and it is...almost crystal clear by agreement of the parties that this case will occur prior to the conclusion of the Mayor's term in fact we want it to. That being said, it's likely that this case will be scheduled in mid-October. There by and it will conclude cause it's not gonna...it's not gonna be a multi month trial. We want this case to go to trial and to conclude and we're a hundred percent optimistic or confident that we will prevail in the trial. And...that's what we hope that this Board will consider that this is not in the words of another politician...Delay, Delay, Delay. We want to do this trial and we want to it as quick as we can. The Attorney General had a year or more to investigate the case and there's voluminous evidence that we have to review so it's almost an extraordinary posture by the defense to proceed to trial in this expedition of a fashion. But we feel there's compelling public interest to do so and that's what we want to do. So that may answer a question you had and a concern that you might have had that you know you're not gonna...you're gonna lose jurisdiction or you're just not gonna have any bite so to speak. That will not happen because this case will conclude prior to them...to the Mayor's term and ideally it will conclude in his favor and then we'll hopefully revisit these issues here if the Board decides to maintain its earlier position which we think was a well-reasoned stance. Mr. Goodenow: I was going to ask Mr. Hyland if he wants to say anything and then Mr. Adams you have the floor. Mr. Hyland? 22 Mr. Hyland: Yes. Do I want to say anything? Mr. Goodenow: Yes. Mr. Hyland: Yes. Yes I certainly do. Here we go again. Your motion was to defer pending the Attorney General's investigation. The Attorney General's investigation has been completed. The Mayor's been indicted. Now, you can go back to what the Attorney General said. The Attorney General said you don't have to wait for the criminal trial. Administrative hearings usually go first anyway. That's what the Attorney General called a press conference to tell the citizens of Hawai`i specifically of Hawai`i County. Now Mr. Eddins just said that the trial would be over in October...so that means that you have to...the best you could do would be to set it for November and in November the Mayor is already out of office. By the December meeting, your December meeting would be the first meeting that you could consider this petition if you were going to bring it back and the Mayor is already out of office by December. So if you listen to Mr. Eddins, you're just giving the Mayor a pass. You're saying there was no way that the Ethics Commission is gonna decide whether the Mayor violated the Ethics Code of the County of Hawaii or not. That you refused to consider that question and I think there's gonna be an awful lot of very disappointed citizens of the Big Island if in fact that's what happens. Thank you. Mr. Goodenow: Mr. Adams? Mr. Adams: Thank you Chair. Back in May when we took this petition up and we looked at the consideration...it was me who brought up a concern regarding a Supreme Court case. That to me potentially would have been problematic for investigations in other jurisdictions had we continued. Since...and so that was really a technical response from me to suggesting that we wait. Since then and in our minutes of the July meeting, I made clear that that's not...that that view was inaccurate and I believe that we have the authority without causing problems for other investigations and other hearings to conduct our own administrative hearing under the County Code. So that's the reason for me to be supporting with an AYE vote on this particular motion. That we would move forward into an informal hearing. Let me just say further since I have the floor. This Board has certain authorities given to it by the Charter which is from the people and giving it to us by the Code which is from the Council and signed off by the Mayor obviously. We don't have the ability to give out punishment and we are certainly here to make sure that the people are heard when they have issues 23 that are appropriately heard underneath the Code and the Charter in regarding Ethics by government officials. So if we decide to move forward here or if we decide to wait. Those decisions are based on respect for the Charter and for the Code, respect for the rights of the petitioner to bring this forward because it's...the petitioner can do that and also the rights of the respondent that is part of our process. The idea that there are folks that are going to be disappointed. There are going to be folks that are going to be disappointed with whatever we do and that's not a reason for any of the decisions that I've personally be making with this petition or any other. Mr. Goodenow: Any other discussion? I will add that that was a very persuasive. One of my main concern was about pre-trial publicity. I mean obviously the Mayor's probably not going to make any statements pending his...the criminal trial and so you know that was another concern, but I think what you said is important to remember that an informal advisory opinion isn't...how much...is it meant to punish...how much pre-trial publicity would come from that. I still will vote no, but I think it's up to the Board how we want to proceed. Any other comments before we vote? Okay seeing none. All those in favor and again the motion is to end the deferral and to bring us back live on the floor at a kind of starting position. All those in favor say aye. Mr. Adams: Aye. Mr. Robinson: Aye. Mr. Goodenow: All opposed say no. Ms. Kalele: No. Mr. Goodenow: So I guess because it's a...and I vote no because it's tied we're going to have to wait until the next...it automatically will move to the next month's agenda and be agendized. Mr. Adams: So we don't have to continue to do that. We don't have to have a motion to continue this. Mr. Goodenow: No because it's two to two I think it's just by operation of law we move it...any thoughts on that Mr. Murai? Just to be safe should we move to continue? Mr. Murai: Or you could entertain another motion...or different motion so to speak. If you could take a re-vote I mean it just depends on what 24 the Board wishes. The situation isn't covered in the Board of Ethics rules...but... Mr. Goodenow: At this point I'd like to take a five minute recess. Thank you. 11:47 a.m. The Board took a recess. 11:50 a.m. The Board returned from recess. Mr. Goodenow: I've conferred with Corp. Counsel because it was a split vote, we are just going to...I'm going to have this matter agendized at the next meeting. I would ask though that the petitioner and I know it's an expense for Mr. Kenoi as well to have his attorney here. Things may change...we may move to an informal advisory hearing at the next meeting. I request that all parties be present. Mr. Eddins: Very well. Mr. Goodenow: Thank you. Motion and Vote: Mr. Adams moved to end the deferral and bring it back for consideration. Mr. Robinson seconded the motion. Members Adams and Robinson voted aye. Members Kalele and Goodenow voted no. Since it was a split vote, the petition has been moved to the next Board meeting. 11:51 a.m. The Board took a brief recess to change Counsel. * * * * * 11:52 a.m. The Board returned from brief recess. 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. Mr. Goodenow: Normally I would have to recuse myself as Chair because the Vice-Chair...I'm already the Vice-Chair you would have to vote. If there's no objections, I'm not gonna vote...I'm not going to participate in discussion...can we just proceed. Mr. Adams: Please. Mr. Goodenow: Is there a motion? Mr. Robinson: Motion to approve. 25 Mr. Adams: Second. Mr. Goodenow: Discussion? Motion and Vote: Mr. Robinson moved to approve the draft order. Mr. Adams seconded the motion. All members voted aye except acting Chair Goodenow abstaining from vote. ***Mr. Adams: Just making clear that the vote was a three to zero vote with the acting Chair abstaining. Mr. Goodenow: Thank you for doing my job for me. That's very important. Thank you. 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. Mr. Adams: If I may...I apologize Chair...regarding...if I could just go back briefly to the previous agenda item. Mr. Goodenow: Alright. No objections we'll do that. **Moved back to prior agenda item** Mr. Goodenow: Now we're back on Petition No. 2015-15(b) & 2015-17. Is there a motion? Mr. Robinson: Motion to approve. Ms. Kalele: Second. Mr. Goodenow: Alright. Discussion? Motion and Vote: Mr. Robinson moved to approve the draft order. Ms. Kalele seconded the motion. All members voted aye. 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. Mr. Goodenow: Do I have a motion? 26 Mr. Robinson: Motion to approve. Mr. Goodenow: Second? Ms. Kalele: Second. Mr. Goodenow: Discussion. Mr. Adams: I would note for the record that there's a dissenting opinion that has been provided to the Board members that would be attached to this opinion. Mr. Goodenow: Mr. Adams I apologize as I did review it very briefly, but if it's okay with you I'd like to move to postpone this matter to the next meeting so I could more carefully review it. I don't know if there's a second for that. Mr. Adams: So you want to continue this vote? Mr. Goodenow: Yes. Well I think what you...that was a very hard vote and I got your... I was in Kona in court yesterday...I just didn't have much time to review your dissenting opinion and I'm not saying that I'm going to move to reconsider anything. I just really would...I really want to come to terms with this. It is an important issue about the prospective nature of whether this is prospective or not and where... Mr. Robinson: I'm okay with continuing it to the next meeting. Mr. Goodenow: Thank you. Okay. Motion and Vote: Mr. Goodenow moved to continue this matter in order to review the dissenting opinion attached to this order. Ms. Kalele seconded the motion. All members voted aye. Mr. Goodenow: The matter will be put on the next month's agenda. 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. Mr. Goodenow: Do I have a motion? Mr. Adams: Move for approval. 27 Mr. Goodenow: A second? Mr. Robinson: Second. Mr. Goodenow: Discussion? Motion and Vote: Mr. Adams moved to approve the order. Mr. Robinson seconded the motion. All members voted aye. Mr. Goodenow: We are now to executive session. May I have a motion that we adjourn into executive session. Motion and Vote: Mr. Robinson moved that we go into executive session for the purpose of considering the evaluation, dismissal or disciplining of an officer or employee of the County of Hawaii, where considerations of matters affecting privacy will be involved or to consult with the Board's attorney on questions and issues pertaining to the Board's powers, duties, privileges, immunities, and liabilities. Mr. Adams seconded the motion. All members voted aye. 11:56 a.m. The Board moved into executive session and took a brief recess. 12:00 p.m. The Board came back from recess to continue executive session. * * * * * 12:10 p.m. The Board returned to regular session. 6. VOTING ON EXECUTIVE SESSION MATTERS a. Review of the executive session minutes of April 12, 2016. Motion and Vote: Mr. Adams moved to approve the minutes of April 12, 2016. Mr. Robinson seconded the motion. All members voted aye. 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. Mr. Goodenow: We did review the financial disclosure forms. Motion and Vote: Mr. Robinson moved to approve the acceptance of all seven financial disclosure. Mr. Adams seconded the motion. All members voted aye. 7. DISCUSSION REGARDING AMENDMENTS TO THE RULES OF PRACTICE AND PROCEDURE OF THE BOARD OF ETHICS OF THE COUNTY OF HAWAII 28 Mr. Goodenow: I note that Mr. Yoshimoto had to leave. I move that we... Mr. Adams: I would ask that the Chair agendize this item at our next meeting. Mr. Goodenow: Alright I don't think we need a vote...no objection to that? Alright. 8. DISCUSSION REGARDING AMENDMENTS TO THE BOARD OF ETHICS MONTHLY MEETING SCHEDULE. Mr. Goodenow: This is a discussion so we don't really need a motion. Any discussion on that? Mr. Adams: I'm trying to remember because it's not what we did last time...yeah I think that we actually did have a motion where we...I would move to suspend the rule... Mr. Robinson: I would second that. Mr. Goodenow: Alright. Discussion? Mr. Adams: Discussion would be that we are now able to talk about having a date that won't be the second Wednesday. Motion and Vote: Mr. Adams moved to suspend the rule concerning the Board's regularly scheduled meetings. Mr. Robinson seconded the motion. All members voted aye. Mr. Robinson: So the next meeting is scheduled for June 7? Mr. Goodenow: June 6 which is a Monday right? I will note though however that I got an email on Friday stating that the Campaign Spending Commission meeting was moving the June 8 meeting to June 29. You're not able to attend the June 6 meeting Mr. Adams? Mr. Adams: I'm gone that week. Mr. Goodenow: The Chair isn't here and I know we have members, but I would suggest that we cancel the June meeting. I'll make a motion to that affect if I've got concurrence, but I think if we're gonna have the Mayor's representative come, Mr. Hyland come and we told him it's going to be at the next meeting. And we're not gonna have Mr. Adams possible the Chair. I mean I think we need to have all members. I think we should just cancel the June meeting. I think we should just have our meeting and the Campaign Spending Commission meeting is not having a meeting on July 13. 29 Ms. Hirayama: The next scheduled meeting is July 12. Mr. Goodenow: Tuesday. We could have it on a Wednesday though. I could make it then. Ms. Hirayama: I'd have to verify the availability of this room, but right now it's set for July 12. Mr. Goodenow: That's fine with me we have it on the twelfth in this room. So I move that we cancel the June meeting. Mr. Robinson: I'll vote for that. Mr. Goodenow: Okay. Mr. Adams: So the discussion that I would have is you will still have a quorum available. You don't necessarily have...because there's no video conferencing available for the June meeting. It's unlikely that you would be able to have the petitioner which is what you'd want to have for 2015-03 anyway. Mr. Goodenow: Right. Mr. Adams: So you're likely to need as a result of that to move that to July, but that doesn't mean that you can't consider other things that may come up assuming that they come. I don't know what else is on there. Ms. Hirayama: Right now there isn't any. Mr. Adams: So rather than...I mean you are going to have a quorum to be able to handle things. Mr. Goodenow: I agree with that, but I don't think there's anything that would prohibit us from cancelling the meeting? There's logistical considerations...I don't think just because three of us are available...we have to have it. Mr. Adams: It's not my...I'm not gonna be here...it's not my... Mr. Goodenow: Okay well I guess...any further discussion? Mr. Robinson: No. I'm fine with cancelling. 30 Motion and Vote: Mr. Goodenow moved to cancel the June 6 meeting. Mr. Robinson seconded that motion. Members Goodenow, Robinson and Kalele voted aye. Member Adams abstained from voting. 9. ANNOUNCEMENTS The Board's next meeting is on June 6, 2016 at 10:00 a.m. at the Hawaii County Building, Puna Conference Room, Suite 1501, 25 Aupuni Street, Hilo, Hawaii 96720 or at another location to be determined. Mr. Goodenow: We'll just note in the agenda that the next monthly meeting scheduled for June 6 is not going to take place. Mr. Adams: And therefore the next meeting after that is... Mr. Goodenow: July 12. Correct? Ms. Hirayama: Yes. Mr. Goodenow: Alright. 10. ADJOURNMENT Mr. Goodenow adjourned the meeting at 12:25 p.m. Respectfully submitted: r' et" Emily Hi 4 ma, Se. j 31