HomeMy WebLinkAbout2016-08-09 Regular Session Minutes HAWAII COUNTY BOARD,OF ETHICS
MINUTES—REGULAR SESSION
Tuesday, August 9, 2016
10:01 a.m. to 11:30 a.m.
Hawai`i County Building
25 Aupuni Street
County Council Chambers
Hilo, Hawaii 96720
Members and Staff Present:
Ku Kahakalau, Chair
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
Ms. Kahakalau called the meeting to order at 10:01 a.m. Board members please go ahead
and introduce yourselves. Rick Robinson, Ken Goodenow, Pili Kalele and Doug Adams.
Thank you.
2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
Ms. Kahakalau: We will start with our statements...I don't see anything here...no
public statements here in Hilo. Do we have a public statement in
Kohala?
Ms. Sweeney: Aloha Chair...we have no public statements here in Kohala today.
Ms. Kahakalau: Thank you.
3. APPROVAL OF THE REGULAR SESSION MINUTES OF July 12, 2016.
Ms. Kahakalau: Our next item on the agenda hearing that we have no statements
from the public on any agenda items is the approval of the regular
session minutes of July 12.
Mr. Robinson: Motion to approve.
Mr. Goodenow: Second.
1
Ms. Kahakalau: Alright... is there any discussion in regards to the meeting
minutes? No discussions.
Motion and Vote: Mr. Robinson moved to approve the minutes. Mr. Goodenow seconded
the motion. All members voted aye.
4. NEW BUSINESS
a. Petition No. 2016-09: Review of a petition alleging that a Board member was
in violation of the Hawaii County Charter Section 14-1(b) (Enactment and
Policy), Hawaii County Code Sections 2-80 (Interpretation of article), 2-82
(Definitions) and 2-86(b) of the Code of Ethics.
Ms. Kahakalau: Moving right on. We were gonna move to new business...Petition
No. 2016-09, but I think we need to wait for our AG from
Maui...and so can we have a request to move that petition back or
move 2016-10.
Mr. Adams: Madame Chair I would move that we delay taking up Petition No.
2016-09 until after 10 & 11.
Ms. Kahakalau: Thank you. Do we have a second on that?
Mr. Robinson: Second.
Ms. Kahakalau: Any discussion?
Motion and Vote: Mr. Adams made a motion to review this petition after Petition Nos.
2016-10 and 11. Mr. Robinson seconded the motion. Members Kahakalau, Kalele,
Robinson and Adams voted aye. Mr. Goodenow abstained.
Mr. Murai: Madame Chair...this is Special Deputy Corporation Counsel Gary
Murai. Could we have a brief recess...about two minutes?
Ms. Kahakalau: Okay. We will call for a short two minute recess. Thank you.
10: 46 am. The Board took a brief recess to change out Corporation Counsel.
10:52 a.m. The Board returned from recess.
***Begin Review of Petition No. 2016-09 ***Minutes
2
Ms. Kahakalau: So we are going to continue with Petition No. 2016-09. The
petitioner according to this paper...there's two petitioner's...Karen
Martinez and Lanric Hyland. There not here in Hilo...I just want
to double check if they're in Kohala.
Ms. Sweeney: I have no one here in Kohala Chair.
Ms. Kahakalau: Thank you very much. So we do not have either one of the two
petitioners present and so I am going to ask the...maybe we can
start with the AG as far as a recommendation what we should do in
the case when the petitioner is not here.
Mr. Murai: Madame Chair...Special Deputy Corporation Counsel Gary Murai.
I am aware that Mr. Hyland...one of the petitioners
submitted...sent an email to the Board's secretary dated August 3,
2016 when he indicated that he decided he would not be
participating in these proceedings anymore. I'm also aware that
the Board's secretary contacted or attempted to contact Mr. Hyland
to confirm that. Emily...did Mr. Hyland...did not receive a reply
but in an abundance of caution I recommended that we do set up
the remote Kohala site in case he does change his mind and I think
we've already made a record of neither Ms. Martinez or Mr.
Hyland appearing and I also note that the gallery of our meeting
room is empty. I see no one outside. I also note that...so Madame
Chair with those elements made as part of the record. I think the
Board would need to decide how it wants to dispose of this matter
that's before which is a petition. It was intended to be filed in a
related matter 15-03, but because of the way it processed it was
given a new petition number. So it's treated as a brand new
petition.
Ms. Kahakalau: Mr. Goodenow.
Mr. Goodenow: Prior to anyone making a motion, I just want to put on the record
that as the person being complained about...I am recusing myself
from any voting and under Robert's Rules...discussion as well. I
am not going to participate.
Mr. Adams: If I might...if I can ask the Vice-Chair...are you not interested in
giving any testimony at all in this particular petition?
3
Mr. Goodenow: Well I would say it's really not my practice to comment on
allegations....anonymous....alleged anonymous statements so no
I'll just leave it to the Board to proceed.
Ms. Kahakalau: Thank you Mr. Goodenow.
Mr. Robinson: Madame Chair...I would like to make a motion...make a motion to
dismiss this petition. In making that motion I want to note that I
find it strange to have a petition submitted that makes accusations
against one of the Board members and it's anonymous and it has
no reference to anyone. Anonymous petitions or anonymous
statements I give zero credibility to so I just think we're wasting
our time to even review it.
Ms. Kahakalau: Thank you.
Mr. Robinson: That was my motion will a little bit of added bravado at the end.
Ms. Kahakalau: Thank you. Do we have a second?
Mr. Adams: I would second.
Ms. Kahakalau: Do we have any further discussion in regards to this motion?
Mr. Adams: I do. These petitions will come in front of this Board occasionally
that will indicate dissatisfaction with the variety of the Board
members. It's part of the responsibility of the Board in my view
that we take them seriously and that we manage our way through
them looking at the ordinances that we have...the Code and the
Charter...related to the way that the petition is talking about
it...when I'm looking at the petition...the crucks of the petition in
itself was essentially some type of behavior...didn't have anything
to do with any type of comments. The comments themselves were
factual as far as I understand them...and so the idea that this
petition is going to...one an anonymous understanding by
somebody who's never been met...Mr. Goodenow and then
relaying that...and that individual not being available...yes we
don't have judicial evidentiary requirements but we still have to
take into account the idea that somebody doesn't just get to say and
then remain anonymous. That doesn't make any sense particularly
4
when you're going to then disparage that person's...disparage the
character as part of the petition. I don't think that the idea
that...you make a statement that someone's not been fair and
impartial...you need more than what I see here to back that up...a
lot more and so I just want to make sure that as we had gone
through 2-83 and a variety of portions of 2-83...applied that to this
petition...I did second the motion and I will vote for the motion to
dismiss with prejudice.
Ms. Kahakalau: Thank you Mr. Adams. I want to say I agree with the fact that
we're not taking these kinds of things lightly. You know that we
are here and we have a specific...as the Board and we have a very
specific and important responsibility to uphold the highest
standards of ethics and make sure that that also happens throughout
Hawai`i County and so this not something that we just...whenever
accusations happen...we have to take those to heart but at the same
time...the accusation has to have merit and in this case he said she
said kind of a thing to me is not something that merits and nobody
here to explain further and give us any further information or any
other substantial evidence of what happened or didn't happen. I
think based on that I do also agree with Mr. Adams and with Mr.
Robinson and I will also vote in favor of this motion. Do we have
any further discussion?
Motion and Vote: Mr. Robinson moved to dismiss the petition. Mr. Adams seconded the
motion. Member Kahakalau, Adams, Robinson and Kalele voted aye. Mr. Goodenow
abstained.
Ms. Kahakalau: This motion has been dismissed. Thank you.
*** End of Minutes for Petition No. 2016-09 4a***
11:00 a.m. The Board changed Corporation Counsels
b. Petition No. 2016-10: Request for an informal advisory opinion from a
County officer or employee, to determine whether there would be any
conflict of interest with her employment in the County Purchasing Division
and a vendor who is a relative and participates in bids and proposals with
the County of Hawaii. (Closed hearing requested)
5
Ms. Kahakalau: Hello. If you could please state your name and the agenda item
that you're testifying that we know, but just for the record and
anything you have to say in addition to the petition itself.
Ms. Shikuma: My name is Lori Shikuma and I'm here in regards to Ordinance
15-103 which took effect July 1, 2016. I'm requesting a closed
hearing.
Ms. Kahakalau: That was going to be my next question. So you are requesting a
closed hearing which you obviously have the right to do. So I
would like to do is...
Mr. Yoshimoto: So before we move to the closed hearing, the Board just needs to
make finding per our rules that it's reasonable to go a closed
hearing. So we need a motion to that effect.
Mr. Adams: I would move that we move into closed hearing in accordance with
our rules.
Mr. Robinson: I would second that motion.
Ms. Kahakalau: Any discussion?
Motion and Vote: Mr. Adams moved to go into a closed hearing. Mr. Robinson seconded
the motion. All members voted aye.
10:04 a.m. The Board went into executive session to review Petition No. 2016-10.
10:25 a.m. The Board returned into regular session.
c. Petition No. 2016-11: Request for an informal advisory opinion from a
County officer or employee, to determine whether there would be any
conflict of interest with an employee whose father is the owner of a
construction business who is on the list that does work for the Office of
Housing & Community Development(OCHD).
Ms. Kahakalau: We have the petitioner here with us Ms. Akiyama. Can you please
come up? If you can state your name and we wanted to ask you if
you request a closed or open hearing.
Ms. Akiyama: No closed hearing.
6
Ms. Kahakalau: Okay so open hearing is fine. So if you could just please state a
little bit more beyond the petition that you provided why you're
here this morning.
Ms. Akiyama: Okay. My name is Susan Akiyama and I'm the administrator for
the Office of Housing and Community Development. I'd like to
introduce Megan DeCoito who is my staff and she works in the
office who administers this particular program that I'm gonna tell
you about. So one of the grant programs that we run is a
residential emergency repair program and it basically it's a low
interest loan program to help eligible participants to do renovations
on their homes to extend the life of the dwelling unit. There's a
limit of$25, 000 loan and it's a 3 % interest loan...so there's
construction activities that usually get funded. In our
administrative rules for this particular program, you will find that
the agreement for the construction is done solely between the
homeowner and the contractor. The office of housing does not
participate in the selection of or the contracting of the contractor.
Megan who works in our office...here father has periodically been
selected as a contractor by the families that we loan monies to. So
we wanted to bring this situation to this Board to make a
determination for us.
Ms. Kahakalau: Thank you. Mr. Adams?
Mr. Adams: The loan itself..what's the process for making the loan?
Ms. Akiyama: The participant would come into the office and fill out an
application. There's an income eligibility criteria...so they have to
go thru the checking of their income documents and things like
that. And once these specialists determines that the family is
eligible for the loan...they would...we send an inspector out to the
house to do an inspection to make sure that what they're applying
for is really the situation at hand. There would be a check list
created of the type of work that needs to be done and the
participant would be notified that whether or not the loan was
approved and whether or not the activities are eligible. They
would then be instructed to go out and select a contractor. The list
that we refer to in our explanation is not a professional services
list. It's just a...it's an informal list that over the years OHCD has
created...and basically the way we put this list together is every
time a contractor gets hired by a family and they were...had the
7
proper certification...their name gets added. What we found in the
past is that a lot of the families...this is the first time...they don't
do these types of construction projects...they don't know who to
call. So they always ask us...so what we do is we give them a list
of contractors who have done work with the program in the past
and they are clearly told that here's an example of people you
could try to call. Yellow pages is also a good places to look or
referrals from other family members or friends that you know of.
The selection of the contractor is totally up to them.
Mr. Adams: The list itself...just to take it quick tangential...quick tangent here.
The list itself...is there some phrasing on there that indicates that
the office or the County is not endorsing any of these contractors?
Ms. Akiyama; I don't think honestly that there's that language on the list. It's just
a list of names.
Mr. Adams: Far it from me to suggest you might include that.
Ms. Akiyama: I think that's a good idea...but also the administrative rules that
clearly defines for them that they make the choice is also
distributed to them. So...but I think that's a good idea.
Mr. Adams: But they understand based on your explanation that they also have
the ability to go to other folks...there's other sources...there's no
requirement to choose from that list that's provided....is that right?
Ms. Akiyama: But the notation on the list is what you're recommending.
Mr. Adams: They're also told this though I'm assuming.
Ms. Akiyama: Yes.
Mr. Adams: But it's probably not a bad idea to include that information if
you're handing out that information out. Just saying.
Ms. Akiyama: Thank you. Okay.
Mr. Adams: So...I'm sorry. Ms. DeCoito what's your position in the office?
Ms. DeCoito: I'm a clerk.
Mr. Adams: And...do you as I...as the administrator talked about the decision
that there's a specialist that determines eligibility...there's an
inspector that goes out to the house...checklist of items based on
8
that inspection and the eligibility portion and then the homeowner
themselves go out and find a contractor. Are you involved in any
of those steps in this program?
Ms. DeCoito: There is a stack of applications that I give out to homeowners who
are interested in the program.
Mr. Adams: So you give the blank applications out or?
Ms. DeCoito: The blank applications.
Mr. Adams: Okay so you're like at the very beginning of this process.
Ms. DeCoito: Yes.
Mr. Adams: Okay. Do you give them any recommendations of any kind as a
part of it? I mean do they...how do you get involved in handing
out the applications out?
Ms. DeCoito: They just ask me if there's any programs that help with any
homeowner repairs.
Mr. Adams: Right.
Ms. DeCoito: And I just suggest our RERP program and I give them the
application to review and then they would turn it in and I'll just
give it back to Brandi to look it over.
Mr. Adams: Do you...make suggestions of other programs as well?
Ms. DeCoito: Actually don't know of any other programs.
Mr. Adams: Okay.
Ms. Akiyama: The Residential Emergency Repair Program is the only low
interest loan repair program that we run. So there wouldn't be any
others.
Mr. Adams: The application goes out...they can fill it out or not fill it
out...they fill it out probably most of the time and then comes back
into another member of the office and is that specialist the one that
then approves the application for the program or who makes the
actual approval?
9
Ms. Akiyama: She'll review the application based on the eligibility requirements
and make a recommendation to the office manager who runs the
office and she would make the final approval.
Mr. Adams: The manager would?
Ms. Akiyama: The manager.
Mr. Adams: Okay. And you have no connection with that process...that
approval process...you don't see these applications after you've
handed them out?
Ms. DeCoito: No.
Mr. Adams: Do you have any connection with your father's business?
Ms. DeCoito: No.
Mr. Adams: Not a shareholder...you don't do any work on the
weekends...nothing like that?
Ms. DeCoito: Not at all.
Mr. Adams: Okay. Thank you.
Ms. DeCoito: Thank you.
Mr. Robinson: I'm interested in this program...the RERP program. What's the
level of loans that you normally make?
Ms. Akiyama: The largest amount of loan that we can make is up to $25,000.
Mr. Robinson: $25,000...and that's really just a repair older homes that...
Ms. Akiyama: Replace old gas tanks...do roof repairs...we find a lot of roof
repairs...from time to time because they're older homes...there is
lead based paint mitigation that we have to do...fix a
window...door jams...a wide range.
Mr. Robinson: So these aren't grants...these are loans.
Ms. Akiyama: These are loans.
Mr. Robinson: They have to pay them back.
Ms. Akiyama: They have to pay them back.
10
Mr. Robinson: And what is the interest rate normally charged.
Ms. Akiyama: 3%
Mr. Robinson: 3%. Okay.
Ms. Kahakalau: Do we hear a motion somewhere?
Mr. Robinson: I find that because of the limited involvement of Ms. DeCoito...no
involvement in the approval process that there would be no conflict
of interest. That's my motion.
Ms. Kahakalau: Do we have a second?
Mr. Goodenow: Before I second...I...it says here petition to provide...to inform,
but I think you also asking if it's appropriate to have a company
RAD on the list right...I mean...I just add to your motion if you
would consider that in saying that there's not a problem with RAD
being on their list.
Mr. Robinson: And my motion would include that there would be no problem
with the company of RAD being on the list of contractors that
would be operating as long as...and hopefully you'll do the
disclosure that we're not recommending...this is just a list...we
make not preferences or references.
Mr. Goodenow: I'll second that.
Ms. Kahakalau: We have a motion and a second. Any further discussion?
Mr. Adams: I would. I guess I am...I like to use the word troubled...I am
troubled that we have this list...I'm not troubled that the office is
trying to help these folks out. I think that's great. The problem is
that may not be office's responsibility when determining who the
contractors might be because there isn't any specific process or
procedural safe guards in identifying who those folks are. You ran
us through how you add to the list...I get it...and that seems the
common sense to me. The problem is that...there's a potential
problem for me I guess with that and you're gonna take a look at
that and add to that which is fine. So where am I going with that?
I think...as a part of this...have you ever done any follow up to
determine whether or not the contractors that are chosen by the
folks that engage in this...participate in this program...do most of
the contractors come off of the list? Only a percentage of them?
11
Because you're getting asked...you want to do...provide a service
and you're doing that. Just to make sure that we're not...again not
having government endorse any of these folks...maybe just to
check whether informal or whether it's a survey...whatever it is to
go back and say you know we're doing this...are we in fact...not
because we're trying to but because we're providing this list folks
are...outside the normal statistical boundaries of
something...they're choosing folks from this list kind of idea.
That might...be worth a little bit of effort just to protect the office
and protect the County. So that would be my comment I guess on
that... I don't have any problems.
Ms. Akiyama: So Mr. Adams just to make sure that I understand. You're
recommending that we perhaps do a review or survey of the
contractors that have been selected...kind of do a statistical...
Mr. Adams: Compare them against. Compare them off of your...the list that
you have been putting together.
Ms. Akiyama: Who's actually been selected...how often...things like that.
Mr. Adams: It may or may not lead to anything...the information would
be...what would be the consequences of something like that? I
would hope that generally you would find that the list is not
necessarily the only place that people end up going to but they also
choose from other sources that are out there. Because it would
seem to me that if it's only the list that folks are choosing the
primary number of contractors off of...then that actually is
indicative of potential endorsement concerns.
Ms. Akiyama: Okay.
Mr. Goodenow: I just wanted to ask...how many names or contractors are on the
list? Approximately?
Ms. Akiyama: I would be totally guessing right now. About a page.
Mr. Goodenow: So maybe thirty...something like that.
Ms. Akiyama: Yeah...potentially.
Mr. Goodenow: Your goal really is...you just want everyone who is licensed or
whatever meets the criteria to be on the list...just to give people...I
12
think Mr. Adams suggestion is really good...I think you should put
something like we do not endorse anyone..
Ms. Akiyama: I will.
Mr. Goodenow: It is just provided for your convenience...these are people that
have done it before. Something like that and I think that's good
comment but I don't feel that that's a...as far as what the petition
is requesting regarding Ms. DeCoito. I don't have a problem.
Mr. Adams: Right. Right. I would just notice that in your petition...you do say
that the office does confirm that the contractor meets licensing,
insurance and is in good standing to work in the state requirements
prior to the actual work being done...but then the follow up
activities that occur that the office does...one you're not involved
in any of that.
Ms. DeCoito: Not at all.
Mr. Adams: Not at all and then the office itself..it's review of that...done by
the inspectors or by specialist?
Ms. Akiyama: Inspector and the specialist.
Ms. Kahakalau: I don't hear any more discussion, but I agree as far as protecting
your own selves to and then stating that again specifically also that
they can choose any contractor of their choice I think that would
just cover you more than anything else and the County.
Motion and Vote: Mr. Robinson moved that because of the limited involvement of Ms.
DeCoito and no involvement in the approval process that there would be no conflict of
interest and also that there would be no problem to have the company RAD on the list of
contractors. Mr. Goodenow seconded the motion. All members voted aye.
Ms. Kahakalau: Next item on the agenda is Petition No. 2016-09.
***Review of Petition No. 2016-09*** Minutes added to 4a
13
5. UNFINISHED BUSINESS
a. 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.
1. Review a dissenting order opinion drafted by Board
member Adams to be included with this informal advisory
opinion.
Mr. Goodenow: I believe there's a pending motion right...we continued...I
mentioned...I asked for the continuance because I thought maybe
we could reconsider and drop all the July Pt issue out of
there...but after the meeting...reviewing Robert's Rules because
we had heard this already once before...motion for reconsideration
is not appropriate. And so there are other
options...rescind...repeal...but my thinking is...I support just
moving forward with this... it is what it is...let's just leave it and I
don't think it's gonna establish a huge precedential value because
the law is in effect now... I'm willing to just move forward. So
sorry I continued last time. I continued because I thought we could
amend it by taking out some of..reconsider Naomi
O'Dell's...taking out...because it's after July 1st. I thought we
could fix it up, but then looking at Robert's Rules we had met
twice on this and so reconsideration is not allowed under Robert's
Rules in that situation. So I'm fine with just moving forward.
Mr. Adams: Just so understand my vote on this particular...my vote here just
indicates that I support that this is in fact the petition that was
voted on. It's not a reaffirmation of the petition? Is that correct?
Counsel? Let me try that again. The vote that I'm going to be
making here on this draft with the dissent included is an
affirmation that this reflects the votes that we took. It's not an
affirmation of the content...is that right?
Mr. Yoshimoto: That's correct.
Mr. Goodenow: And likewise...as far as the content of the dissenting opinion...I'm
not really...when I vote yes to approve...I'm not making any
comments on what's in the dissent.
Ms. Kahakalau: Okay. So that's fine.
Mr. Adams: I move approval of Petition No. 2016-02.
14
Mr. Robinson: Second.
Ms. Kahakalau: Okay. Do we have any further discussion in regards to this? I just
want to note that I think as we're going through this and finding
our way as to how to proceed with this law in place now. To just
keep the communications I think between the AG office and us
open and so that if there are any guidelines or guidance that can be
provided to us from that prospective...that we continue to just
communicate and make sure that we're all on the same page
because it's gonna be a little bit challenging I think until these
things work themselves out. And then if there's no further
discussion.
Mr. Adams: I would just reiterate my primary concern that I had in the dissent
that we didn't...that we had...we made a decision...part of the
findings of facts and conclusions of law were based on an
ordinance that was going to take effect...we knew that it was going
to take effect but it had not taken effect. I would hope that as has
been stated in discussion a few minutes ago that this is not
precedential in any way that we understand that this was a special
case apparently...that's how the Board looked at it but...we will
continue to use the law as it is on the books for the determination
of the decisions that we make in the future.
Ms. Kahakalau: I think we're in agreement with that.
Motion and Vote: Mr. Adams moved that we approve this petition. Mr. Robinson
seconded the motion. All members voted aye.
b. Petition No. 2016-06: Review of draft informal advisory opinion regarding
the petition from Terin Gloor, to determine whether there would be any
conflict of interest with him being able to bid for County of Hawaii projects
excluding the department in which is wife is employed by.
Mr. Goodenow: I move to approve.
Ms. Kahakalau: Do we have a second?
Mr. Robinson: Second.
Ms. Kahakalau: Any discussion there? I think it was a pretty straight forward...
Mr. Adams: That's what happened in this one.
Ms. Kahakalau: Yes...because now we actually were within the time line to discuss
it. Alright hearing no further discussion.
15
Motion and Vote: Mr. Goodenow moved to approve this petition. Mr. Robinson
seconded the motion. All members voted aye.
c. Petition No. 2016-07: Review of draft informal advisory opinion regarding
the petition from Susan Akiyama, to determine whether there would be any
conflict of interest with an employee's spouse doing key and lock services for
the Office of Housing& Community Development (OCHD).
Mr. Goodenow: I move to approve.
Mr. Robinson: Second.
Ms. Kahakalau: Any discussion? Hearing none.
Motion and Vote: Mr. Goodenow moved to approve this petition. Mr. Robinson
seconded the motion. All members voted aye.
d. Petition No. 2016-08: Review of draft informal advisory opinion regarding
the petition from Susan Akiyama, to determine whether there would be any
conflict of interest of an employee of the Office of Housing& Community
Development (OCHD) and a vendor who a relative is doing printing services
for their office.
Mr. Goodenow: Move to approve.
Mr. Robinson: Second.
Ms. Kahakalau: Any discussions? Hearing none.
Motion and Vote: Mr. Goodenow moved to approve this petition. Mr. Robinson
seconded the motion. All members voted aye.
Motion and Vote: Mr. Adams moved to go into executive session. Mr. Robinson seconded
the motion. All members voted aye.
11:08 a.m. The Board moved into executive session.
11:25 a.m. The Board returned into regular session.
6. VOTING ON EXECUTIVE SESSION MATTERS
a. Review of the executive session minutes of July 12, 2016.
16
Ms. Kahakalau: We're back from executive session and we're on executive session
minutes of July 12, 2016.
Motion and Vote: Mr. Robinson moved to approve the executive session minutes of July 12,
2016. Mr. Goodenow 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.
Ms. Kahakalau: We also had a review of one confidential financial disclosure form
which was filed.
Mr. Adams: Is that actually a motion requirement? Don't we have to move to
accept it?
Mr. Yoshimoto: Move to accept.
Ms. Kahakalau: Okay. Do we have a motion please?
Mr. Adams: Move to accept the confidential disclosure form that we reviewed.
Ms. Kahakalau: Do we have a second?
Ms. Kalele: Second.
Ms. Kahakalau: Do we have any discussion?
Motion and Vote: Mr. Adams moved to accept the confidential financial disclosure form as
reviewed. Ms. Kalele 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
Mr. Adams: Madame Chair if I might. I'm aware that members of the Board
actually have a...have some time crunches here. What I'd like to
do rather than run through some of the notes that I've prepared for
this is come back if not next month but the following month...at
least not in November. September...October with a draft of the
Rules of Practice and Procedure for the Board to consider.
Ms. Kahakalau: I think that would probably expedite the process and also by
having an opportunity perhaps read it ahead of time...you know
we kind of...
17
Mr. Adams: No promises on ahead of time come September.
Ms. Kahakalau: Okay.
Mr. Robinson: You're saying the Rules of Practice and Procedures dated
01/12/1990...update to that?
Mr. Adams: That's correct.
Mr. Robinson: Okay.
Mr. Goodenow: Thank you for taking on that...the initial effort...we appreciate
that.
Ms. Kahakalau: It's basically a best practice.
Mr. Adams: It's just a draft, because of course the Council will have the lion's
share managing it.
Mr. Goodenow: So the motion is to continue to the next meeting or...
Mr. Adams: We don't have a motion on here...it's just an agenda item. So I'm
assuming the agenda item will continue to be there as part of the
agenda item then I would commit to bringing a draft of the Rules
of Practice and Procedures for us and we can then make a motion
to accept and then have discussion on it.
Mr. Goodenow: Thank you.
•
8. DISCUSSION REGARDING AMENDMENTS TO THE BOARD OF ETHICS
MONTHLY MEETING SCHEDULE.
Ms. Kahakalau: I think we're still on the Tuesdays.
Mr. Goodenow: Yes. Thank you for that accommodations.
Ms. Kahakalau: Unless there's any other discussion in regards to that item. None?
9. ANNOUNCEMENTS
Ms. Kahakalau announced the Board's next meeting on September 13, 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.
18
Mr. Goodenow: Sorry Madame Chair just to...I think at the last time we moved to
suspend the rules...so I move to suspend the rules in order to have
the meeting on September 13.
Motion and Vote: Mr. Goodenow moved to suspend the rule concerning Wednesday
meeting days. Ms. Kalele seconded the motion. All members voted aye.
Ms. Kahakalau: I just want to say that I will not be back by September 13...so
Vice-Chair taking over that duty.
10. ADJOURNMENT
Ms. Kahakalau adjourned the meeting at 11:30 p.m.
Respectfully submitted:
Emily Hira �, Secreta
19