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Home My WebLink About2016-11-09 Board of Ethics Agenda '<v ......... 7:J BOARD OF ETHICS, County of Hawaii :-E"::-.•5;. 101 Aupuni Street, Suite 325, Hilo, Hawai'i 96720 • — • _•- Tel. No. (808) 961-8251 OI'N''+' AGENDA November 9, 2016— 10:00 a.m. = r) County of Hawaii `a Hawaii County Building Council Chambers N -•. 25 Aupuni Street Hilo, Hawaii 96720 Video Conference � Intergenerational Building Kamehameha Park Complex (Adjacent conference room) 54-382 Kamehameha Park Road Kapaau, Hawaii 96755 1. CALL TO ORDER 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS. 3. APPROVAL OF THE REGULAR SESSION MINUTES OF OCTOBER 11, 2016. 4. NEW BUSINESS a. Petition No. 2016-19: 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 IFB Project No. 3480. 5. UNFINISHED BUSINESS a. Petition No. 2015-03: Continued 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." (Continued) 1. Correspondence dated October 27, 2016 received from Lanric Hyland. 2. Correspondence dated October 28, 2016 received from Lanric Hyland. b. Petition No. 2015-10: Continued review of petition alleging that a County Officer or employee is in violation of Sections 2-83 (Fair Treatment), 2-84 (Conflict of Interest), 2-91.3 (Lobbyist Registration), and 2-91.4 (Gifts) of the Code of Ethics because he was influenced and accepted gifts by an unregistered lobbyist organization. (Continued) c. 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. (Continued) d. Petition No. 2016-12: Review draft informal advisory opinion regarding a petition 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. e. Petition No. 2016-15: Review draft informal advisory opinion regarding petition from a County officer or employee, to determine whether there would be any conflict of interest with him bidding as a general contractor for a project with the Dept. of Environmental Management, Solid Waste Division. f Petition No. 2016-16: Review draft order dismissing petition alleging that County officers or employees are in violation of Section 2-83(a)(3) and 2-83(b) (Fair treatment) of the Hawai`i County Code due to the unfair treatment by the building department. g. Petition No. 2016-17: Review draft order dismissing petition alleging that County officers or employees are in violation of Section 2-83(a)(3) and 2-83(b) (Fair treatment) of the Hawai`i County Code due to the unfair treatment by the building department. h. Petition No. 2016-18: Review draft informal advisory opinion regarding petition from former County employees, to determine their ability to provide professional services to the County of Hawaii in regards to Section 2-91.2(b)(c) Post- Employment of the Hawaii County Code. 6. EXECUTIVE SESSION With reference to the agenda item listed below, one or more executive meetings are anticipated. In particular, the Board of Ethics anticipates it may consider the evaluation, dismissal, or disciplining of an officer or employee of the County of Hawaii, where considerations of matters affecting privacy will be involved. The Board may also consult with the Board's attorney on questions and issues pertaining to the Board's powers, duties, privileges, immunities, and liabilities. Therefore, pursuant to Hawaii Revised Statutes ("HRS") Sections 92-5(a)(2), 92-5(a)(4), and 92-6(a)(2), the following items may be considered in Executive Session. a. Review of the executive session minutes of October 11, 2016. b. Review of Confidential Financial Disclosure Forms filed pursuant to Section 2-91.1(d), Hawai`i County Code, by County board and commission members and designated County employees, where personal matters will be reviewed: 2 Name Position County Agency 1 Gabrielle Menendez Appraiser Real Property Division 2 Owen K.P. Okamoto Building Inspector DPW—Building 3 Robert G. Gomes, Sr. Commissioner Police Commission 4 Mitchell Tam Member Merit Appeals Board 7. DISCUSSION REGARDING AMENDMENTS TO THE RULES OF PRACTICE AND PROCEDURE OF THE BOARD OF ETHICS OF THE COUNTY OF HAWAII. 8. DISCUSSION REGARDING CHANGES TO THE BOARD OF ETHICS MONTHLY MEETING SCHEDULE. 9. ANNOUNCEMENTS The next monthly meeting of the Board of Ethics is scheduled for December 6, 2016 at 10:00 a.m. at the Hawai`i County Building, Council Chambers, 25 Aupuni Street, Hilo, Hawai`i 96720 or at another location to be determined. 10. ADJOURNMENT Notice is hereby given that pursuant to Hawai`i Revised Statutes (hereinafter "HRS") §92-3.5, the Board of Ethics will be conducting this meeting via videoconferencing. If for technical or other unanticipated circumstances the video/audio stream between Kohala and Hilo is lost for more than a short period of time, the scheduled meeting will be terminated. Board Members will be present at the Hilo location. Public attendance and testimony will be available at the following locations: * Council Chambers, Hawaii County Building 25 Aupuni Street, Hilo, Hawaii 96720 * Intergenerational Building Kamehameha Park Complex (Adjacent conference room) 54-382 Kamehameha Park Road Kapaau, Hawaii 96755 r NOTE: If you require an accommodation or auxiliary aid and/or services to participate in , this meeting (i.e., sign language, interpreter, large print), please call 961-8304, ext. 101). NOTICE TO LOBBYISTS If you are a lobbyist,you must register with the Hawai`i County Clerk within five days of becoming a lobbyist(Article 15, Section 2-91.3(b),Hawaii County Code). A lobbyist means"any individual engaged for pay or other consideration who spends more than five hours in any month or$275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." (Article 15, Section 2-91.3(a)(6), Hawaii County Code.) Registration forms and expenditure report documents are available at the Office of the County Clerk-Council,25 Aupuni Street, Hilo,Hawai`i 96720. 3