Loading...
HomeMy WebLinkAbout2016-09-13 Regular Session Minutes HAWAII COUNTY BOARD OF ETHICS MINUTES—REGULAR SESSION Tuesday, September 13, 2016 10:10 a.m. to 11:30 a.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 Emily Hirayama, Secretary 1. CALL TO ORDER Mr. Goodenow called the meeting to order at 10:10 a.m. All members are here with the exception of Chair Kahakalau. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS There were no statements from the public. 3. APPROVAL OF THE REGULAR SESSION MINUTES OF AUGUST 9, 2016. Mr. Goodenow: Do I have a motion to approve? Mr. Adams: So moved. Mr. Robinson: I second. Mr. Goodenow: It's been moved and seconded to approve the minutes of August 9, 2016. Discussion? Seeing none. All those in favor say aye...all oppose no. Said motion passes with four aye votes. Motion and Vote: Mr. Adams moved to approve the minutes. Mr. Robinson seconded the motion. All members voted aye. 1 4. NEW BUSINESS a. Petition No. 2016-12: Request for an informal advisory opinion from a County officer or employee, to determine compliance with Section 2-83 (c)(1) of the Hawai`i County Code because her husband is an independent contractor who would like to submit an invitation for bid for Parks & Recreations Project No. 3453. Mr. Goodenow: Is the applicant here? Petitioner here? Ms. O'Dell: Yes. Mr. Goodenow: Would you like to make a statement before we proceed? First, I guess you have a right to a closed hearing or an open hearing. In a closed hearing we would ask everyone to leave the room. The choice is completely yours. Open hearing is okay? Ms. O'Dell: Yes. Mr. Goodenow: Alright...thank you for that then. So if you'd like to make a statement...Alright. Ms. O'Dell: I'm not really sure what I should say....but basically when I submitted this...there was an invitation for bid that was out. It has since closed and basically it's for the Parks & Recreation to do tree trimming. The only thing that I'm involved with my husband's business is just basically keeping his books. I don't have anything to do with doing the actually work or doing estimates or quotes. My job capacity with the County is basically with the Vehicle Registration and Licensing Division which is under the Department of Finance. Mr. Goodenow: Okay members any questions? Mr. Adams. Mr. Adams: Sure. Do you know if your husband actually submitted a bid? Ms. O'Dell: Yes. Mr. Adams: Okay and I would assume that he included some statement that a petition had been filed with the Board and the Board would be taking it up...taking this... Ms. O'Dell: Yes. 2 Mr. Adams: Okay. The bid is for the tree trimming and I'm assuming that that is a sealed bid process... Ms. O'Dell: Yes. Mr. Adams: In your role as administrator in the Vehicle Registration Licensing Division in the Department of Finance...you have...do you have any connection with the competitive bid process in the Department of Parks & Recreation? Ms. O'Dell: Actually it's done by the Purchasing Division. Mr. Adams: Okay. Ms. O'Dell: And they do there... Mr. Adams: In the Department of Finance. Ms. O'Dell: In the Department of Finance...and they do their bidding process thru electronically with online vendor by the name of Public Purchase. So...I don't have any access on the County...as a County employee to that site. Mr. Adams: So when bids are made...in particular in this situation...but frankly in any of these situations regarding nearly any agency of the County...you have no connection to or dealing with the bidding process? Ms. O'Dell: No. Mr. Adams: In the process of doing the books...do you have any other responsibilities in your husband's business? Ms. O'Dell: No. Mr. Adams: Thank you. Mr. Goodenow: Any other questions members? If not, may I have a motion? Mr. Robinson: I'd make a motion that there's no conflict of interest I guess we could say with him submitting a bid and process. There's obviously enough separation between your involvement with the County...your employment by the County and your husband submitting a bid that I don't think there would be a conflict. So that's my motion. 3 Mr. Goodenow: Second? Ms. Kalele: I'll second that. Mr. Goodenow: Thank you. It's been moved and seconded to declare that there is no conflict as described in Petition No. 2016-12. Discussion? Mr. Adams: If I might...I just would bring to our attention the 2-83(c)(2) where it talks about...obtaining an opinion from the Board that there's no conflict of interest resulting from the officer or employee's position with the County. That's what I think we're talking about doing here...the Board opinion in this case...we continue to satisfy the requirement of that opinion until a change occurs in the financial interest or role of the County officer or employee or the employee's affected immediate family member, in the business or undertaking which the contract is concerned. Essentially. It's a situation...in these kinds of situation...the ordinance as it's currently written...when we make these opinions...they're based on the situation...the fact pattern as presented to us. If that fact pattern changes, then our opinion is no longer...it's a valid opinion but it doesn't apply to that situation anymore. Thank you. Mr. Goodenow: Thank you. Any other discussion members? I'd just like to add...thank you Mr. Adams for that and for the purpose that our orders are consistent. I don't know if we have any boiler plate language for these things that we have developed based on the last few examples. But...may we should consider looking at that... 10:18 a.m. The Board took a brief recess to check the ringing chamber phone. 10:19 a.m. The Board came back from recess. Mr. Goodenow: If there's any language that you think we should put in there Corp. Counsel to make it consistent or I think Mr. Adams pretty much covered it...but if there's anything else... Mr. Yoshimoto: No...I think that's appropriate. Mr. Goodenow: So...it's been moved and seconded...well to say that there's no conflict regarding petition 2016-12. Motion and Vote: Mr. Robinson moved that there is no conflict of interest. Ms. Kalele seconded the motion. All members voted aye. 4 Mr. Robinson: One thing if I could. You know we had the new ethics code revision and then we have the ethics code. We don't have an updated...because this is in effect now...and we're still you know...is it possible to get for our books. Mr. Yoshimoto: Yeah. That's being updated with the Legislative (LRB)...that's the research branch...so they're updating it now. When we get an updated copy... everyone will be given one. Mr. Robinson: They got there... Mr. Yoshimoto: Yes so for now we have to refer to the ordinance. Mr. Goodenow: Thank you for that good comment. Alright. b. Petition No. 2016-13: Request for an informal advisory opinion from a spouse of a County officer or employee, to determine whether there would be any conflict of interest with him being able to bid for County of Hawai`i projects because his wife is employed as a Contracts Tech in the Department of Public Works. Mr. Goodenow: Is the petitioner present? Anyone else here for the petitioner? Sir please come forward. Push the light on for the microphone. You have a right to a closed hearing...a closed hearing means that we ask everyone to leave the room and kept confidential including the opinion. You don't have to have a closed opinion, but it doesn't affect the outcome of what we do if you do request a closed hearing. Mr. Adams: If I may Mr. Chair. Actually...he doesn't have the right to that...only if it was...only if the petitioner was the individual. This is a third-party petition, because the individual here is not a County employee. Mr. Goodenow: You're not the individual whose being... Mr. Adams: It's his wife who's the employee. Mr. Goodenow: Well...I understand that, but they are spouses. Mr. Adams: I'm not saying we can't hear the petition...I'm just saying that he didn't have the authority under our rules to go to a closed hearing. 5 Mr. Goodenow: It's a moot point because on the form...the petitioner did say they were okay with an open hearing. I want to be clear here because...you're saying the petitioner is.... Mr. Adams: It's a third-party petition. Mr. Goodenow: Even though they're married and their spouse and it may relate to her County work. Mr. Adams: If there's a decision that's made that finds no conflict for example...it will be no conflict for the employee...not for the owner of the private entity. Mr. Goodenow: Well that makes sense. I don't know corp. counsel do you...what if to say that they wanted a closed hearing...would we say no? They can't have one? Mr. Yoshimoto: Well...the way the rules read...that right or decision belongs to the officer or employee and not to the third-party. Mr. Adams is correct, but it's moot because he said it's okay for the open hearing. Mr. Goodenow: I'm sorry if his wife was here...even though she's not the petitioner...she could say hey I want a closed hearing. Mr. Yoshimoto: Yeah...because it pertains to her... Mr. Goodenow: Yeah I see...but you're the only one here today? Mr. Oshiro: Yeah. Mr. Goodenow: And you don't mind if we proceed... Mr. Oshiro: No. Mr. Adams: Sorry for the technicality. Mr. Goodenow: No...I learned a lot. Thank you that's very good. Would you like to make a statement then? Mr. Oshiro: What do I have to state? Mr. Goodenow: Well...we've got your written submission, but if you want to add anything or clarify anything.... Mr. Oshiro: No. You have any questions? 6 Mr. Goodenow: Any questions members? Mr. Adams: Sure. It's unfortunate...I would be...I'd be asking you questions...as we get into this particular...into our application of the relatively new ordinance or the new ordinance...I'm learning more and more about how the procurement system in the County works so that we can make sure that we're applying the law correctly. So she's a contract tech in Public Works office. Mr. Oshiro: Yes. Mr. Adams: What does she do? Mr. Oshiro: She writes contracts...they do bid openings...that's about it. We do all sealed bids...we bid as a sub and there's just this one job that we will be bidding as a general...but it's all sealed bid process so. Mr. Adams: Right so as a sub...you're just dealing with the general contractor and you wouldn't necessarily be part of the ordinance as we've discussed it...initially it would be the general contractor that would be part that sealed process. So there's a possibility that you would be bidding on County projects as a general contractor. Do you a specific one you are bidding on? Mr. Oshiro: Yes. Mr. Adams: Okay. Mr. Robinson: Mr. Chair if I may. Wouldn't it be appropriate to have his wife be the person submitting the petition instead of him? Mr. Goodenow: Well... Mr. Adams: I don't think from that prospective it matters. Anyone can submit the petition...we know that. I mean... Mr. Oshiro: It doesn't say who has to. Mr. Adams: There's no problem for Mr. Oshiro doing it...my questions are going to be based on what is his wife do to some degree...just to make sure that we don't have...that she doesn't have a conflict as a result of the work that he is doing and the bids that he'll be making. And given that she's a contract tech in Public Works and that I assume that the bids that you will be making even though the bids are in a sealed process...it's handled by the Department of 7 Finance. Ultimately...those contracts will be signed with Department of Public Works...is that right? Mr. Oshiro: Yes. Mr. Adams: Okay. So in the...if I could just ask in the petition there is the comment there...multiple workers attending the bid openings...I don't understand that... if you could explain that to me. I don't understand what that means. Mr. Oshiro: Usually there's more than one person opening the bids. You can't open the bids up. Mr. Adams: Literally opening the bids. I do understand that. Okay got it. Mr. Oshiro: Opening a sealed bid so there's no difference if we submit a sealed...there's more than one person that's going to open it. And they have more than one contract tech...so my wife won't be the one opening the bid...if we submit a bid because they already talked about it before. She can't open our bids...this is all before...these ethics things came up. Mr. Adams: Right. Mr. Oshiro: At one point, supervisor told her she shouldn't be in the bid openings if we're bidding as a sub which doesn't matter anyway cause we're just a sub. You're not gonna know who's the general until after you open the bids. So if we bid as sub, the general might not even use us as a sub...we only bid to the general...we would be to the general...you open the general's bids, but you don't even know which general is going to get the job and you don't even know which subs the general used. Everything is sealed bid. Mr. Adams: I would like to move forward...I think you're going to find that my concerns are really...that you probably could answer them... I just...I think that I need to have your wife here to address some of the questions that I have specifically related to...what her supervisor requires...what she does within the process...but let me just ask you a couple more questions that...and this is information so that I understand the situation. If you are bidding as a sub- contractor, do you deal with the County at all? Are you bidding...or are you bidding specifically to the general contractor? Mr. Oshiro: Straight to the general as a sub-contractor. 8 Mr. Adams: So the County doesn't see anything? Mr. Oshiro: No. Mr. Adams: In that regards right. Mr. Oshiro: No. Mr. Adams: Okay. So then if that general...so you've bid to that...does your bidding to the general occur prior to general's sealed bid process with the County? Mr. Oshiro: Yes. Mr. Adams: Alright. So when they bid...you're already identified as a sub in that general's...in the general contractor's bidding.. Mr. Oshiro: Yes. Mr. Adams: Okay. Now if you're also...let's move to you as a general...if you are bidding as general contractor...that's a sealed process that goes to Department of Finance? Mr. Oshiro: Public Works. Mr. Adams: It goes to Public Works. Okay. So I'm confused...I'm confused in the process...we've been...I'm confused cause I haven't had to deal with it personally. And so we've been told that the process is handled by Department of Finance Procurement Division or Purchasing Division...and yet here we are in a competitive bid process where the sealed bids are opened by Department of Public Works. So I don't feel comfortable being able to address completely the petition at this moment. That's me. Mr. Goodenow: Mr. Robinson? Mr. Robinson: I would like for your wife to here so that we can understand here relationship between the bids that come in and her employment. I think that would be helpful to us. I can understand your side of it and how you submit...but without having her to explain the review process is really hard for me to understand what the relationship would be. Mr. Adams: Is your...if I might...I'm sorry. Do you have a bid in right now? Mr. Oshiro: No. Not this week...next week. 9 Mr. Adams: I know that the ordinance...the new ordinance provides for that kind of situation...you'll be able to tell them that you've submitted a petition as a part of the bid so...I would...yeah go ahead Mr. Chair. Mr. Goodenow: You know on the issue of...I'm just looking at the new statute right or ordinance...sorry...2-83(c) and it say an employee....officer or employee of the County or a business in which an officer or employee or the officer or employee's immediate family has a controlling interest may contract for goods or services with any County agency provided that and you look two it says the officer or employee has obtained an opinion from the Board. To me that's a County officer or employee. So I would think that procedurally we really may be need to have the employee get the clearance...but I don't know Mr. Yoshimoto...do you have a comment on that? Mr. Yoshimoto: The statute says what it says Mr. Chairman. I also think that because the petition was filed and it involves the employee...the fact that the Board is moving forward with requesting that the employee come forward it think is a good thing. Mr. Goodenow: Right. Mr. Yoshimoto: So I think it will be consistent so long as the Board is able to ask questions of the employee. Mr. Goodenow: But they don't have to file...I agree. Mr. Yoshimoto: Procedurally we get to the same point. Now if the Board decided to just go without having the officer or employee that would be a problem. Mr. Goodenow: Right. Thank you for that. Alright any further discussion? That was questions...do I have a motion? Mr. Adams: I would move that we...we're gonna have to make sure this is done right...that we table? Mr. Goodenow: I would say continue. Mr. Adams: Continue this petition until our next meeting. 10 Mr. Robinson: I would second that...in just in seconding that it would mean that he could still bid...before the award of the contract he would have to get the opinion from us. Mr. Adams: Are we in discussion? Mr. Robinson: Oh no...I'm sorry...I just jumped ahead. Mr. Adams: That's fine. So in the discussion...I'm not aware that the contract has to wait on our...any decision that we make. I think here it just talks about the contract being void. So if the decision was made on contract and even before we ruled on the petition...as long as the ruling on the petition is that there is no conflict of interest for his wife then...assuming that he won the bid...then there wouldn't be an issue. The contract would only be void if there one the officer or employee failed to comply with the disclosure requirements or the Board found that there's conflict of interest or preferential treatment involved. So it doesn't stop...to me this doesn't say that this stops the contract process for Mr. Oshiro. All Mr. Oshiro has to do is make sure he submits a copy of this petition requesting review by the Board as a part of his bid process. Now...I would make this comment that actually that's not what says in the ordinance. What the ordinance says that the officer or employee will submit the copy of the letter or petition requesting review by the Board which makes absolutely no sense. Right...because the bid is being done by the non-county employee in this case right. By the private entity even though it's the spouse. Yet at the same time...the wording is that the officer or employee are the ones that are going to submit the copy of the petition or letter in the bid process. That's confusing and that's something we may want to go back to the Council with to clean up at some point. Mr. Goodenow: We can add that to our other letter... Mr. Oshiro: Add it to your list. So my wife submits that? Mr. Goodenow: I think if you just have come next time...we're gonna be alright. Mr. Oshiro: When we bid this job? Mr. Goodenow: When you bid it...you say that a petition has been submitted and it's pending. Mr. Adams: That's right...so in the ordinance you'll submit a copy of this. Mr. Oshiro: What do I submit? The one that was emailed or this one. 11 Ms. Hirayama: A copy of the petition. Mr. Adams: That has by the way...the one that has the marking. That it's been accepted. Mr. Yoshimoto: The filed stamped one. Ms. Hirayama: He doesn't have the filed stamped one. Mr. Robinson: He doesn't have the filed stamped one. Ms. Hirayama: He doesn't get a copy of the filed stamped one. I can send you a copy of one. Mr. Oshiro: Okay. I submit that with my bid? It supposed to be submitted by the County employee? According to what I just heard now? Mr. Goodenow: Yeah. Mr. Oshiro: So from now on...well basically the County employee needs to apply for the petition...not the outside contractor? Mr. Goodenow: Yeah...but if you both do it together you're covered. Thank you very much for your time. We're on the motion to continue...we didn't have a vote anymore...discussion? Mr. Adams: I would just make the comment that I think that your comment is apropos in that it does say that the officer or employee that would be obtaining the opinion from the Board...but there's nothing that in our rules as they currently exist prevents a third-party from submitting a petition...so we will need to clean that up too apparently so. Thank you so much for bringing this and I'm sorry that we're going to ask your wife to come back. Mr. Goodenow: Thank you. Any other discussion? Mr. Adams: Assuming that we ask her to come back...assuming that we actually approve this continuance motion. Mr. Goodenow: Alright all those... Mr. Yoshimoto: So real quick...so you're just asking for his wife to come...not anybody else from the department since you're asking all these... Mr. Goodenow: Well...it's hard for him to...I think just have the wife come and...I appreciate Mr. Adam's concern over here we have 12 sometimes the Finance Departments...sometimes the Departments...I think it depends...the Departments sometimes they just say well let Finance do it...but they are able in some cases to do it themselves...so... Mr. Adams: Okay. Mr. Goodenow: So if you want we could request the Finance Department to send someone to brief us...would you like that...maybe we should. Mr. Adams: That' entirely up to you Mr. Chair. Mr. Goodenow: I just made a one eighty or whatever...I think for edification wouldn't a small training for us...I mean....twenty minutes... Mr. Oshiro: To understand the bidding process. Mr. Goodenow: Yeah I think it would be great for us. Mr. Adams: Presentation. Mr. Goodenow: Presentation...so we're just on the motion to continue right. Mr. Adams: We are still in discussion. Mr. Goodenow: In discussion...I'll take care of the other matter. Motion and Vote: Mr. Adams moved that we continue the petition to our next meeting so that the spouse could appear to answer questions. Mr. Robinson seconded the motion with the exception that Mr. Oshiro still be able to bid. All members voted aye. Mr. Oshiro: Does she have to submit anything or just show up to the next meeting? Mr. Adams: It's continued...it will show up on our agenda and so then she'll be able to talk to it when she comes over. Ms. Hirayama: I'll send you guys another letter with the meeting date. Mr. Oshiro: As far as her supervisor...What she just tells her supervisor that I got to go to a meeting? She got to take time off? Ms. Hirayama: It's you to her...I don't know how she's going to do that. Mr. Goodenow: She should check with her supervisor. 13 Mr. Oshiro: Does her supervisor need to come? Mr. Goodenow: Just she needs to come. Mr. Adams: We're not saying that the supervisor can't come. We're going to be asking her the questions. If the supervisor is here and wants to answer questions as well then we'll be more than happy to talk to the supervisor to. It's just not a requirement. Mr. Goodenow: If she feels it would be helpful maybe...she could bring the supervisor. Mr. Adams: So you're not put on the spot...I know you'll talk to your wife about this but we should also talk to the contract division in Public Works as well from here. Mr. Goodenow: Alright I'll follow up on that. Mr. Adams: Okay. 5. UNFINISHED BUSINESS a. Petition No. 2016-09: Review draft order dismissing petition by Lanric Hyland alleging that a Board member Goodenow was in violation of the Hawai`i 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. Mr. Goodenow: I'd like that we take this out of order at the end of calendar. Are there any objections moving it to end of calendar? Mr. Adams: What are we doing? Mr. Goodenow: The petition involving me therefore I could just recuse myself at the very end. Mr. Adams: So what you would like to do Chair is move it somewhere else? Mr. Goodenow: To the end of the calendar. Mr. Adams: To the end of the calendar. Mr. Goodenow: So I guess after item seven. 14 Mr. Adams: So you'd like to move 5a to between seven and eight? Mr. Goodenow: Yes. Motion and Vote: Mr. Adams moved that we suspend the rules and move agenda item 5a form its current location to new location following item seven on the agenda. Mr. Robinson seconded the motion. All members voted aye. Mr. Adams: Mr. Chair was it four votes or three votes? Mr. Goodenow: Well...I don't feel that I have to recuse myself... Mr. Adams: On the suspension rules? Okay. Mr. Goodenow: For that one yeah. I'll vote yes. Thank you. Good question though. **Review of 5a** Mr. Goodenow: Before taking a motion...I am going to recuse myself and step down as Chair. We need a motion to appoint a new Chair. Mr. Adams: So I would move that we appoint Rick Robinson as acting Chair for purposes of 5a. Ms. Kalele: Second. Mr. Goodenow: I guess I still act as Chair at this point until...I shouldn't have said I remove myself..all those in favor of Rick Robinson being acting Chair say aye. Motion and Vote: Mr. Adams moved to appoint Rick Robinson as acting Chair. Ms. Kalele seconded the motion. Three members voted aye with Mr. Goodenow recusing himself from voting. Mr. Yoshimoto: Mr. Chairman just as a note of record. Our office is not advising on this matter as well...so I'm going to remove myself. If you have any questions of course you would have to defer it until Mr. Murai is available. Just for the record I am not involved in this particular matter. That's correct right? Mr. Adams: That's correct. Mr. Robinson: Okay this is item 5a. Can we have a motion to approve this item? 15 Mr. Adams: So I would move approval of Petition No. 2016-09...order dismissing petition. Mr. Robinson: Is there a second? Ms. Kalele: I'll second. Mr. Robinson: Any discussion? Mr. Adams: I would just make a comment as we did in the minutes...in our last meeting as reflected in the minutes. This was a subject that we did not take lightly...I thought we applied appropriate amount of resources within the Board to consider this...we tried to follow the rules as they are in handling this...evidence by the fact that we don't even have our Vice-Chair here and working under acting Chairship. So I just...I think it's important that...I think it's just important to recognize it...this is not something we're sweeping under the rug. Mr. Robinson: No. Ms. Kalele? Any discussion? Ms. Kalele: Yes,,.no. Mr. Robinson: Okay. For me I would point out also that...when we considered this that we also considered the fact that there was never an indication of who was making statements or anything else...it was just kind of a hail mary pass kind of submission so. If there's no further discussion...all in favor say aye. I'll say aye even as acting Chair. Motion carries to dismiss petition of Mr. Hyland and Ms. Martinez. Motion and Vote: Mr. Adams moved to approve the order to dismiss petition. Ms. Kalele seconded the motion. All three members voted aye. Mr. Robinson: So now we return to our regular session...we can call Mr. Goodenow back in. Okay Mr. Goodenow we dispensed with that. Mr. Goodenow: Well you could continue on as Chair. Mr. Robinson: No...you're good for the last two items on the agenda. Mr. Adams: I would move that we...I'm not even sure what the rules say. Mr. Goodenow: I am going to unilaterally take over as Chair. Mr. Adams: There you go. 16 b. Petition No. 2016-10: Review of draft informal advisory opinion regarding a petition 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 Hawai`i. (Closed hearing requested) Mr. Goodenow: Is the petitioner present? Oh it's just a draft so no one's here? Ms. Shikuma: I'm here. Mr. Goodenow: She can stay for this...you want to come forward? We're just reviewing the draft. Do I have a motion or questions? Mr. Adams: We're on 2016-10 and that's what you're here for. Okay Mr. Goodenow: I note for the record the room is clear except for petitioner. Can I have a motion to approve? Mr. Robinson: I'll make a motion to approve. Mr. Goodenow: May I have a second? Mr. Adams: Second. Mr. Goodenow: Alright discussion? No? Motion and Vote: Mr. Robinson moved to approve draft opinion. Mr. Adams seconded the motion. All members voted aye. Mr. Yoshimoto: Mr. Chairman...just to be clear...even though the room was clear...we still had the meeting in open session because even though a closed hearing was requested that closed hearing already happened. The actually review of the opinion is happening in open session. Right. Mr. Goodenow: What if there's discussion about it? Mr. Yoshimoto: Well if there's discussion then you'd have to go into closed hearing but for the vote on the opinion... Mr. Goodenow: Oh the vote. Mr. Yoshimoto: Has to be in public so when you approved it... Mr. Goodenow: Oh I made a mistake.... Mr. Yoshimoto: Oh no but you didn't move to go to... 17 Mr. Adams: We never went into closed hearing. Mr. Yoshimoto: We never went into closed hearing but you said the room was clear but I want to make sure for the record. Mr. Adams: You can't just say it...we have to vote on it. Mr. Yoshimoto: So the records clear it was in public so... Mr. Goodenow: But Nancy Cook-Lauer did leave the room. Okay we're going into open session that we never left. Mr. Adams: We want to make sure that she knows we're still in open. She might be doing something else. I don't know...just in case. She left at that specific time. c. Petition No. 2016-11: 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 whose father is the owner of a construction business who is on the list that does work for the Office of Housing & Community Development. Mr. Robinson: Motion to approve. Ms. Kalele: I'll second. Mr. Goodenow: Alright it's been moved and seconded to approve the draft informal advisory opinion 2016-11. Discussion? Mr. Adams: I will be voting to approve this opinion, but I would just like to make a signing declaration. I have no issue with the lack of a conflict of interest regarding the limited involvement of the petitioner. I would just like to clarify that we are not necessarily...that we're not necessarily making a statement that all agencies that we give Carte Blanc to all agencies in the County to come up with lists for members of the public to use. In this particular case it was a list that was provided to for the RERP program. So even though we identified it's appropriate for the list to be provided...we had some conversation about that and what that list should indicate in terms of there being no endorsement by the County of any of the entities on that list...that it's done simply as a public service for members of the public and that in the future this is a non-precedent in my view a non-precedent setting opinion regarding that particular portion of this opinion. 18 Mr. Robinson: I have to agree with Mr. Adams on that. I felt uncomfortable with the fact that they provided the list, but I think this deals with the fact that someone's being selected because of the familial ties. I don't...I just felt uncomfortable with the fact that there is a list that's provided, but that's a whole separate issue...not really up for us to decide on. Mr. Adams: I don't know that I would completely go that far...I think that there are...I think that the idea that we made sure that...that there is no preferential treatment which is another issue that we cover in our responsibilities by the County towards any private entity unless authorized by regulation, laws or ordinances that...that in this particular case we recognized for what it was which was not designed to be preferential but more designed to be helpful. Mr. Robinson:Right. Mr. Adams: As long as we're clear that was...that's a one off and that's in this situation and that there may be other fact patterns that come up...we're not held by precedent of this particular decision. Mr. Goodenow: Alright any other discussion? Mr. Robinson: Nope. Mr. Goodenow: I just note that I think we gave some very good advice to them when they were here...the department. Hopefully they'll heed it. Motion and Vote: Mr. Robinson moved to approve draft opinion. Ms. Kalele seconded the motion. All members voted aye. Motion and Vote: Mr. Robinson moved to go into executive session. Mr. Adams seconded the motion. All members voted aye. 10:49 a.m. The Board moved into executive session. 10:55 a.m. The Board returned into regular session and took a brief recess. 10:56 a.m. The Board returned from brief recess. 6. VOTING ON EXECUTIVE SESSION MATTERS 19 a. Review of the executive session minutes of August 9, 2016. Mr. Adams: Actually Mr. Chair if I might. Mr. Goodenow: Yes. Mr. Adams: I would move approval of the executive session minutes of August 9, 2016 as reviewed during executive session. Mr. Robinson: Second. Mr. Goodenow: Any discussion? None. Motion and Vote: Mr. Adams moved to approve the executive session minutes of August 9, 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), Hawai`i County Code, by County board and commission members and designated County employees,where personal matters will be reviewed. Mr. Goodenow: Mr. Adams? Mr. Adams: I would move approval of the forms 1, 2 and 3 that were provided and reviewed during executive session. Mr. Robinson: Second. Mr. Goodenow: Any discussion? Motion and Vote: Mr. Adams moved to accept the confidential financial disclosure form as reviewed. Mr. Robinson 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: I didn't get to the...I didn't get to everything that I wanted to provide so what will happen...rather than me providing them at the next meeting...I'll get them to staff so that they can provide them earlier during the month and you will all have the opportunity to take a look at them before we come to our next meeting in October. 20 Mr. Goodenow: Great. Thank you very much for your efforts Mr. Adams. So that will be agendized at our next agenda and we'll just keep moving. Now we're going back to item 5a at this time...Petition No. 2016-10. **Review of item 5a — See Minutes under Sa** 8. DISCUSSION REGARDING AMENDMENTS TO THE BOARD OF ETHICS MONTHLY MEETING SCHEDULE. Mr. Adams: So November is actually going to be a Wednesday? Right...because Tuesday is elections day. So is Wednesday gonna work? Mr. Goodenow: I think so right. Did we already tell the attorneys and the participants in that matter that we'll be... Ms. Hirayama: We notified them when they were here that it was going to be in November but we didn't officially give them the date. Mr. Robinson: Was it November 8? Mr. Goodenow: The 8th works for me. Mr. Adams: The 8th is elections day. Mr. Goodenow: I mean the 9th . Mr. Adams: The 9`h would be that Wednesday. Mr. Goodenow: The Campaign Spending Commission is not meeting that week. Mr. Robinson: The 9th is fine with me. Ms. Kalele: That's the day after elections though. Mr. Goodenow: The day after. Ms. Kalele: Yeah I know...but aren't we busy the next day...everybody needs to take down their signs. I have to clean up my streets. I put the signs up so I gotta go and take them down. Mr. Robinson: The 9`h fine with me. Mr. Goodenow: We could have it on the 2"* That's before the elections. 21 Mr. Robinson: November 1" is a Tuesday. Mr. Goodenow: We could do it then. Mr. Adams: We could do it on the 1s`or the 15`h if you wanted to maintain Tuesdays. Mr. Goodenow: We wanted to insure that Mr. Kenoi's trial would be over...but assuming it starts the 10`h. I would hope... I would think that it would be over by the 30`h. Mr. Robinson: You would think so. So November the 1s`? Mr. Goodenow: How about November 1"? Mr. Robinson: That would work for me. Mr. Goodenow: Staff? Ms. Hirayama: I would have to check fi this room is available. Mr. Robinson: And the 5`h is the swearing in right. Mr. Adams: In December. Mr. Goodenow: I suggest that we have it the 151. However if for some reasons that this room is not available...we could have it on the following...the h 15 I guess. Mr. Adams: Are you talking about doing on Monday the 8`h? If it's not available on the 151? Is that what you're thinking? Just asking. Mr. Robinson: You mean the Monday. Mr. Adams: The 7th . Mr. Goodenow: I don't normally do this but if we could take a brief recess...the clerk's office is right next door. Maybe we could just ask. Ms. Hirayama: I can ask...but also if you would like the Chair to be here. Her schedule is... Ms. Kalele: We need her here. Mr. Goodenow: We need her here. 22 Ms. Hirayama: We want the full Board to be here for that. Mr. Yoshimoto: Let's keep it open for now. Mr. Goodenow: We'll keep it open with the idea of that we'll allow the Chair to set it as long as it's done with proper notice to all parties and the public. Mr. Robinson: But we're still good for October 11...correct? Mr. Goodenow: Yes. Ms. Kalele: We forgot about October? Mr. Adams: No...No...it's in our announcement. Mr. Goodenow: Okay. I move that we suspend the rules to allow for a non- Wednesday meeting if necessary so that there's flexibility in scheduling the November meeting. Mr. Adams: Second....I move. Ms. Kalele: I second. Motion and Vote: Mr. Adams moved to suspend the rule concerning Wednesday meeting days. Ms. Kalele seconded the motion. All members voted aye. 9. ANNOUNCEMENTS Mr. Goodenow announced the Board's next meeting on October 11, 2016 at 10:00 a.m. at the Hawai`i County Building, Council Chambers, 25 Aupuni Street, Hilo, Hawaii 96720 or at another location to be determined. 10. ADJOURNMENT Mr. Goodenow adjourned the meeting at 11:30 p.m. Respectfully submitted: • Emily Hi : a, Sec tar 23