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HomeMy WebLinkAbout01-10-17 Regular Session Minutes HAWAII COUNTY BOARD OF ETHICS MINUTES—REGULAR SESSION Tuesday, January 10, 2017 10:02 a.m. to 11:55 a.m. Hawai`i County Building 25 Aupuni Street County Council Chambers Hilo, Hawai`i 96720 Members and Staff Present: Ku Kahakalau, Chair Kenneth Goodenow, Vice-Chair Douglass Adams, Member J Yoshimoto, Deputy Corporation Counsel Renee Lawrence for Emily Hirayama, Secretary 1. CALL TO ORDER Ms. Kahakalau called the meeting to order at 10:02 a.m. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Ms. Kahakalau: We are going to start with statements from the public. I don't believe there are any statements here in Hilo and I don't think we're hooked up with any other County agency. Alright... 3. APPROVAL OF THE REGULAR SESSION MINUTES OF DECEMBER 6, 2016. Ms. Kahakalau: So we'll right into the approval of the regular session minutes of December 6. I'm sorry my name is Ku Kahakalau and I want to wish everybody a Happy New Year and if the members of our board could please briefly introduce themselves as well. Mr. Goodenow: Ken Goodenow, Vice-Chair Mr. Adams: Member Doug Adams. Ms. Kahakalau: So we have the approval of the regular session minutes of December 6 on our agenda. Do I hear any... Mr. Adams: Madame Chair. Ms. Kahakalau: Yes. 1 Mr. Adams: I'm not sure it was December 6. I'm looking at the minutes and they say December 13? Mr. Goodenow: But the then the executive session minutes... Mr. Yoshimoto: It was December 6. Mr. Goodenow: Yeah. Mr. Adams: Okay so... Ms. Kahakalau: I guess... Mr. Adams: I would move that with that...just technical correction approval of the regular session minutes of December 6. Mr. Goodenow: I'll second. Ms. Kahakalau: Alright. Is there any further discussion in regards to those minutes of December 13...hearing none I move for the question...all in favor of accepting the minutes for the regular session for Tuesday, December 13...any opposed? That motion is carried. Motion and Vote: Mr. Adams moved to approve the minutes with a technical correction. Mr. Goodenow seconded the motion. All members voted aye. 4. NEW BUSINESS a. Petition No. 2016-20: Initial review of petition alleging that a County officer or employee is in violation of Sections 2-83 (Fair Treatment) and 2-84 (Conflict of Interest) of the Hawaii County Code of Ethics because he used his position to influence further private interest regarding a contested case hearing. (Participating by telephone) Ms. Kahakalau: We have one person participating by telephone. Mr. Yoshimoto: That is correct Madame Chair. Mr. Adams: Madame Chair I need to present a certificate of recusal for myself on this petition. Ms. Kahakalau: So if we can have the record reflect that Board member Douglass Adams submitted a certificate of recusal for this particular item which means there's only two of us here and that is not enough for us to make any kind of decision on this particular item unless I....counsel has any other comments or... 2 Mr. Yoshimoto: Madame Chair you are correct in your interpretation. Since the parties are here...if you could give me a moment I can try and call the other board member that I believe is on her way and I can confirm so that way we don't waste everyone's time. Maybe we can wait five or ten,minutes and then we can see. Mr. Underwood are you okay with giving us a little more time to make sure we...to see if we can get the additional board member here? Mr. Underwood: Sure that's fine with me. Mr. Yoshimoto: Okay. Ms. Kahakalau: And it's also perfectly fine with me. It would be okay then to continue on our agenda. If that's alright with people who are here in regards to this agenda item and then if our....another third member that would be able to vote shows up...one member has been excused already...but another member maybe on their way. Mr. Yoshimoto: Okay. Ms. Kahakalau: Thank you so much. Mr. Yoshimoto: So Madame Chair for the record. Mr. Underwood are you okay on staying on the.line...it is a public meeting so you can remain on the line or you can call us back. I prefer you stay here since you already have you connected. Mr. Underwood: . Yes. I'll stay on the line. Mr. Yoshimoto: Okay. So Madame Chair you're gonna move on to the next item? Ms. Kahakalau: Yes. I would like,to move on to the next item since we don't have a quorum to discuss this particular petition number 2016-20. 10:06 a.m. Board moved to continue. *. * * 10:58 a.m. Board continued discussions Ms. Kahakalau: I'd like to come back to petition number 2016-20 but we need to make sure that Mr. Underwood is on the phone. Is he? Mr. Underwood: Yes mama I am here. Ms. Kahakalau: Aloha. So sir and everybody that's here in regards to petition number 2016-20. Our third member in this way has not shown up 3 yet. It's an hour after the official start of the Board meeting. You know I can't say she will not come but I do want to...go ahead. Mr. Yoshimoto: I did manage to get in contact with Ms. Kalele. She said she's not able to attend today. Ms. Kahakalau: So that means that unfortunately because we have one member here that had recused himself and one excused member and another member that unfortunately had a last minute change in plans....I'm assuming and can't be here. We will not have a quorum to hear that particular petition and we really apologize for the inconvenience because that was not an intended thing to happen. Mr. Goodenow: Sorry. Ms. Kahakalau: Go ahead sir. Mr. Goodenow: So I don't know...I mean I guess we don't vote to continue because he's recused himself...it's just continued to the next meeting by operation of law or... Mr. Yoshimoto: Yeah you can do that. That's appropriate because you're right we don't have a quorum to act on. Mr. Goodenow: So it will be though on the next meeting Madame Chair. Ms. Kahakalau: Yes. It's not that we don't want to hear the petition and again we do apologize for the inconvenience of the people who prepared to be here today and provide testimony etc. but since we don't have a quorum we really cannot hear that petition so it is automatically carried over then.... Mr. Yoshimoto: February 14. Ms. Kahakalau: To our February 14 meeting which is going to be here at 10 am again and again I do apologize for then inconvenience and for not being able to hear petition number 2016-20 today. Thank you. Mr. Goodenow: Madame Chair I don't know if it's appropriate. Ms. Kahakalau: Do we have to vote? Mr. Goodenow: No but I was just wondering I know the minutes aren't out yet for that particular meeting involved. I don't know if corp. counsel could request the minutes. 4 Mr. Yoshimoto: We shouldn't discuss it though because we're not. Mr. Goodenow: For the next meeting though. Mr. Yoshimoto: So Mr. Underwood...you have any questions? Mr. Underwood: No. Thank you. Will I be calling in on the same number or will that change? Mr. Yoshimoto: Will it change? We'll contact you with the appropriate number before the hearing Mr. Underwood. Mr. Underwood: Okay and just so you know the Board of Land and Natural Resources will be voting on the minutes on Friday. So I can forward those minutes to all you folks. Mr. Goodenow: Thank you. Ms. Kahakalau: Thank you. Mr. Yoshimoto: Okay. Thank you. Mr. Underwood: My pleasure. Thank you very much. Ms. Kahakalau: Thank you have a good day. b. Petition No. 2017-01: Request for an informal advisory opinion from a County officer or employee, to determine compliance with Section 2-83(c)(1) of the Hawaii County Code because her husband is an independent contractor who would like to submit a Request for Quote (RFQ) for the Office of Housing and Community Development. Ms. Kahakalau: Is our petitioner here? Aloha! Please come up. For the record if you can please state your name and also give us a brief summary of your petition please. Mr.Adams: Madame Chair if I might. Is it okay? Ms. Kahakalau: Yes...go ahead sir. Mr. Adams: I would...I'd like to move that we consolidate 2017-01 and 2017- 03. In other words, I'd like to move 03 into the...move it up...it's going to be the same petitioner...it's just a different petition with a different department but I think that the...so the motion would be to consolidate 2017-01 and 2017-03 for the purposes of testimony and ultimately our order. 5 _.a Ms. Kahakalau: Thank you. Do I have a second? Mr. Goodenow: Second. Ms. Kahakalau: Alright any discussion? All in favor say aye. Mr. Adams: . Aye. Mr. Goodenow: Aye. Motion and Vote: Mr. Adams moved to consolidate 2017-01 and 2017-03 for the purposes of testimony. Mr. Goodenow seconded the motion. All members voted aye. Ms. Kahakalau: And thank you for that motion. It makes a lot of sense. So we're basically putting your...the petition that I just read and the second petition I will read just for the record which is petition 2017-03. d. Petition No. 2017-03: Request for an informal advisory opinion from a County officer or employee, to determine compliance with Section 2-83(c)(1) of the Hawaii County Code because her husband is an independent contractor who would like to submit a bid with Department of Water Supply. Ms. Kahakalau: So we're going to do both of these while you're up here. Ms. O'Dell: Okay. Thank you. Ms. Kahakalau: Thank you. Ms. O'Dell:. So to start my name is Naomi O'Dell and I am currently the administrator for the Vehicle Registration and Licensing Division under the Department of Finance. My husband is an independent contractor who...we did submit a bid for Office of Housing and Community Development and...I did note on top of the bid that...I was a County employee and I was seeking an informal opinion from the board. And in relation to petition 2017-03...a bid was submitted to the Department of Water Supply and a notation was also made on that bid regarding the fact that I was a County employee...and.that we were seeking further opinion from the Ethics Board. Ms. Kahakalau: Thank you very much and we do appreciate you coming in front...it's becoming a little cumbersome the way the current law is but we just have to follow it in terms of you having to come pretty much it seems like every time there's going to be a bid but at this point we really can't do anything about it. So we do appreciate you following these new procedures. Thank you. 6 Mr. Adams: Do you have any other testimony? Ms. O'Dell: No. Mr. Adams: Okay. Just so that...on petition 2017-01. The Office of Housing and Community Development is that bid process go through purchasing or is that done directly with the office...do you know? Ms. O'Dell: It went through purchasing. Mr. Adams: Okay. And you had no involvement with that whatsoever? Ms. O'Dell: No. Mr. Adams: Okay. And then regarding 2017-03 Department of Water Supply...semi-autonomous department...do you know if that bid was with them or separate? Ms. O'Dell: That bid was directly with Department of Water. Mr. Adams: Okay. And you have obviously nothing to do with that other than...well do you have anything to do with the Department of Water Supply? Ms. O'Dell: No sir. Mr. Adams: Okay. In your job or anything? Ms. O'Dell: No. Mr. Adams: Okay. Thank you. Ms. Kahakalau: Do we have any other questions for the petitioner? If not...I guess we would do each case separate as far as our motion is concerned? Alright go ahead. Mr. Goodenow: I move that we...following our standard language...find that there's no conflict for the purposes of the petition and with the standard caveats that we put in. Ms. Kahakalau: And are we specifically in this motion referring to Petition No. 2017-01? Mr. Goodenow: Yes. 7 Ms. Kahakalau: Alright...thank you. Mr. Adams: Second. Ms. Kahakalau: Okay. Do we have any further discussion in regards to that petition? Then I call for the question...all in favor say aye. Any opposed? Thank you that motion is carried. And then in regards to Petition No. 2017-03? Motion and Vote: Mr. Goodenow moved that there's no conflict with standard caveat language. Mr. Adams seconded the motion. All members voted aye. Mr. Goodenow: I'll move for the same thing with the standard caveats for 03. Mr. Adams: Second. Ms. Kahakalau: Okay. Any further discussion in regards to that petition? Mr. Adams: I would only comment for the record that we do appreciate that • you come back and because of the way this is setup that the idea we need to...this requires a kind of a firewall methodology and the idea that we can do this at least at the departmental level as opposed to each individual contract...you know that's kind of how we're working our way through it given the statute that we have so thank you for coming back and making sure that we're doing what we're supposed to be doing. Mr. Goodenow: You can always provide testimony to the County Council or write them a letter about how you feel about the how the process is working. Ms. Kahakalau: Yes. I think that's actually a really important piece you know when you have new legislation...you know it has to be tested in the field and in this case as we're testing it...we see that there is some inordinate effort on the part of some County employees to have to come in front of this Council you know to ask for permission that could possibly be routed in a different manner and I think that's an important thing for those who are making these laws to know and it's good to know within the first year of a new statute like that so that changes can be made for the better. So thank you. Ms. O'Dell: You're welcome. 8 Ms. Kahakalau: Okay. Any further discussion? I call for the question...all in favor say aye...any opposed? So that motion is carried as well. Ms. O'Dell thank you so much again for coming this morning. Ms. O'Dell: Thank you. Motion and Vote: Mr. Goodenow moved that there's no conflict with standard caveat language as 03. Mr. Adams seconded the motion. All members voted aye. c. Petition No. 2017-02: Request for an informal advisory opinion from a County officer or employee, to determine if there would be a conflict of interest with his position in the Finance Department and his retirement stock holdings with the Bank that the County of Hawai`i has accounts with. (Closed hearing requested) Ms. Kahakalau: In this particular case, a closed hearing is requested...are you still requesting a closed hearing sir? Mr. Tomei: If you don't mind yes please. Ms. Kahakalau: It is your right to have a closed hearing and we will definitely honor that request thank you. So if we could please clear the room...I would appreciate it thank you so much. Mr. Yoshimoto: Mr. Underwood we're gonna have to hang up now and we'll call you back after we're done with this matter. Mr. Underwood: Okay. Thank you very much. Mr. Yoshimoto: Thank you. 10:16 a.m. The Board moved into closed hearing. No vote was made to go into closed session. 10:57 a.m. The Board returned into open session. Ms. Kahakalau: Okay we're back in open session and the petition that we heard in closed hearing was petition no. 2017-02. We do have a motion in regards to that petition. Mr. Adams:' I'm just wondering we actually as a matter of policy...have to bring in Honolulu before we actually start. 9 Mr. Yoshimoto: That's to the Board's discretion. He only asked to participate in his matter so.... Mr. Adams: So did we say that as a part of the...forgive me for not knowing I just want to make sure...did we say that we were going to have to have...it didn't indicate like we have in the pass where we included Kohala:..that if we weren't...so that's not the case in this.... Mr. Yoshimoto: That's not the case now but if the Board wants to err on the side of caution...he's probably calling right now. Ms. Kahakalau: No. It's not related at all to the person on the phone. Mr. Adams: No.No. I understand that I just want to make sure that if we're in open session...we're in open session across the....all of them that's all. Ms. Kahakalau: Okay so...repeating the question in regards to the motion. Mr. Adams: So I move that we...regarding petition number 2017-02 that our order indicate that the petitioner is not in violation of the Code of Ethics based on the reasons given in the closed hearing. Ms. Kahakalau: And we did have a second or do we have a second? Mr. Goodenow: Second. Ms. Kahakalau: Okay. And do we have any further discussion in regards to that matter? If not I call for the question...all in favor say aye...any opposed? That motion is carried. Motion and Vote: Mr. Adams moved that the petitioner is not in violation of the Code of Ethics based on the reasons given. Mr. Goodenow seconded the motion. All members voted aye. Mr. Tomei: Thank you very much for your time. Ms. Kahakalau: Thank you very much and have a wonderful day. Aloha. 5. UNFINISHED BUSINESS a. Petition No. 2016-14: Review draft informal advisory opinion regarding a petition from a County officer or employee,to determine if there would be any restrictions in regards to Section 2-91.2 (Post-Employment) of the Hawai`i County Code. 10 Ms. Kahakalau: We are now on petition number 2015-14 but I did want to just kind of if it's okay... Mr. Yoshimoto: Check to see if he's there. Ms. Kahakalau: Okay. Mr. Yoshimoto: Looks like he's on. Ms. Kahakalau: Alright. Mr. Yoshimoto: Mr. Underwood. Mr. Adams: That would actually be 2016-20. Ms. Kahakalau: Yeah so I would like to before we move on to 2015-14. **Board moved back to review of Petition No. 2016-20. **Board returned to review. Ms. Kahakalau: Our next petition is 2015-14. Is that petitioner here? No. Mr. Adams: We're talking about 2015-14? Ms. Kahakalau; It's the draft informal advisory opinion. Mr. Adams: Not on that I think actually petition 2016-14. The petition itself says that...just not the agenda. Ms. Kahakalau: The agenda okay. Mr. Goodenow: But if the agenda says that...I'm wondering for Sunshine Law... Mr. Adams: Right. Mr. Goodenow: Purposes if we would need to continue it. Ms. Kahakalau: How come? I'm sorry. Mr. Adams: I'm actually wondering that to. Ms. Kahakalau: 2016-14. Mr. Yoshimoto: It's up to the Board. I think it's just a typographical error...the Board can note that for the record and acknowledge that but if the 11 Board has any...of course you can continue to the next meeting but... Mr. Goodenow: No one's gonna complain. Mr. Yoshimoto: Yeah Boards and Commissions routinely for typographical...obvious typographical errors can make the correction for the record but I defer to the Board. Mr. Goodenow: I'll buy that. Mr. Adams: Right. I would I think it would be appropriate for me to make a motion given the importance that we identify that on the agenda...under unfinished business...we're addressing petition number 2016-14 not 2015-14 which was clearly a typographical error and not intended to cause anyone not to realize that we were gonna be talking about this draft advisory opinion which we've already voted,on and really what we're talking about just the opinion reflect what we voted on. Ms. Kahakalau: Do I hear a second? That sounded like a very long motion. Mr. Adams: It was a very long motion. _ Mr. Goodenow: . Second. Ms. Kahakalau: Okay. Any discussion? All in favor say aye...Alright so here is our petition. I thought it reflected... Motion and Vote: Mr. Adams identified on the agenda that petition number 2015-14 draft informal advisory opinion due to a typographical error should be listed as petition number 2016-14. Mr. Goodenow seconded the motion. All members voted aye. Mr. Goodenow: Yes. Ms. Kahakalau: What we talked about and the decisions that were made. Mr. Yoshimoto: Where are you on the agenda? Ms. Kahakalau: We are now on unfinished business and I'm just waiting for a motion. Mr. Yoshimoto: Okay. Mr. Goodenow: I'll move that we approve the petition. 12 Ms. Kahakalau: Say it right now...2016-14. Mr. Goodenow: 2015-14. Ms. Kahakalau: No you have to say 2016-14. Mr. Goodenow: 2016-14. Ms. Kahakalau: So we have a motion to approve petition no. 2016-14. .. Mr. Adams: And I will second but I do have a question. .. Ms. Kahakalau: Okay so... Mr. Adams: So I've seconded but I have a question. Ms. Kahakalau: Go ahead. Mr. Adams: Are we doing this in closed hearing? This is a closed hearing opinion. We're doing the voting in... Mr. Yoshimoto: No voting has to be in open session. Mr. Adams: Right but are we talking about this opinion in closed hearing? Would we have gone to closed hearing as a part of this because this was a closed hearing opinion? Mr. Yoshimoto: Right so if you're gonna discuss the content of this you would go into closed but if you're just approving the order we stay in open session. Ms. Kahakalau: Okay. Mr. Adams: We have not gone into closed hearing right... Ms. Kahakalau: Thank you. And then we would have to vote to go into closed hearing. So do we need to vote to go into closed hearing? Mr. Yoshimoto: Only if there's a Board member that wants to go into... Ms. Kahakalau: Alright in that case...we will make the decision in open hearing. We have a motion and we have a second so all in favor and no additional discussion? Mr. Yoshimoto: Who was the second? 13 Mr. Goodenow: No I was the motion. Ms. Kahakalau: Yeah and he was the second. Mr. Adams: That's right 2016-14. I forgot I second. Ms. Kahakalau: No further.discussion so all in favor say aye...any opposed? So that motion is carried. Motion and Vote: Mr. Goodenow moved to approve the informal advisory opinion. Mr. Adams seconded the motion. All members voted aye. Ms. Kahakalau: Now we're going into executive session. Motion and Vote: Mr. Adams moved to go into executive session. Mr. Goodenow seconded the motion. All members voted aye. 11: 09 a.m. The Board moved into executive session. 11:38 a.m. The Board returned into regular session. 6. VOTING ON EXECUTIVE SESSION MATTERS a. Review of the executive session minutes of December 6, 2016. Ms. Kahakalau: We need a motion to approve the minutes of the executive session. Mr. Adams: I so move. Mr. Goodenow: Second. Ms. Kahakalau: Any further discussion? All in favor say aye....nobody opposed. Motion and Vote: Mr. Adams moved to approve the executive session minutes. 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: As far as our confidential disclosure forms...we accepted nine of these forms and we rejected five based on the math. There's a total of fourteen yes and out of those four were rejected for further information and it is #3, 10, 12 & 13. And one was rejected for a 14 lack of quorum because one of our members recused himself and that is#7. All the other ones were accepted. Mr. Adams: I moveacceptance of all of the other ones. Mr. Goodenow: I'll second that. Ms. Kahakalau: Anydiscussion? All in favor saya e...so that motion is carried. Y Thank you: Motion and Vote: Mr. Adams moved to accept the confidential financial disclosure forms. Mr. Goodenow 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 Ms. Kahakalau: So we're back in regular session. I don't think there's anybody else out there. Mr. Adams: Okay. Ms. Kahakalau: Alright. So our next agenda is item#7. Discussion regarding amendments to the Rules of Practice and Procedures of the Board of Ethics of the County of Hawai`i. Mr. Adams: The only comment I would have at the moment is that I don't know that we've actually noted as part of this that when we actually do have something in front of us and have the conversation and then vote on it...the actual...vote will...trigger a something that Counsel and I talked about in the past that he brought to my attention actually which was...will trigger a new portion of the ordinance which would be an administrative find that we will have the authority to...levy... Mr. Goodenow: Levy. Mr. Adams: Thank you. Anyways...that will be a change...our ability to levy it...I'm...I mean I look at it but I haven't looked at it recently but when I look at it...I'm not sure that it's as clear as it could be anyway in terms of is it only after a...can it be used as a part of informal...is it only after the formal...I'm pretty sure that it will probably only be after a formal but I'm not positive how it will be. It's not as useful and I think that probably part of the rules of procedure will have to take into account...the new ones will have 15 to take into account that we're gonna have this ordinance on...in the code and there will be rules for it's use. Mr. Goodenow: Yeah. You know I went to the conference on governmental ethical laws in New Orleans and in fact I got a disc of all the compendium of all the different state ethics...things that are happening in the last year and I said I would give it to Jack and I realized this morning I never mailed it...I'm sorry. I'll do it tomorrow but it's interesting...I will also provide that to you Doug to look at for these things. Mr. Adams: Yeah...Thank you. Mr. Goodenow: You know different places do it differently. Mr. Adams: I would also point out that this will be my last calendar year. I probably will do the countdown per meeting. Even though I started in September 2013 and I went back to take a look at the confirmation letter that I received and it takes me through December 2017 so it is not a fully five years. We had a full five years when we had Bernard and the Judge...we did the full five years because we weren't sure and we didn't look at their thing but I did go back and look and it's very clear...end of December 2017 so and I'll be saying the old diction...you won't have me to kick around anymore. Ms. Kahakalau: Well we will definitely miss you... Mr. Adams: But Pm gonna take...this is gonna be the Kobie Bryant Doug Adams Board of Ethics last year...you know I expect motorcycles you know or houses or baseball bats or something like that you know. Each meeting as long as they don't as a total go over twenty dollars. Ms. Kahakalau: I am a little concerned though because last time around it took us over a year to fill a seat. Now we had a different administration and I'm not gonna go into that whatsoever but I do want to be extremely proactive in terms of making sure that when Mr. Adams goes off that we do have a replacement either in the wings or right ready to come on and given the extreme I have to say extreme lack of initiative on the part of the last administration to help us out with this process and again not implying this is gonna be the same thing. I do want to initiate something as soon as possible and I would need to help in terms of how that would happen and what the time lines and who we would be working with and those kinds of things. I don't necessarily need it right now but I would ask for 16 assistance from Counsel in terms of you what the procedures are in general because it was very confusing the last time around. You know who actually makes the recommendations and how are they contacted etc. I know the Council confirms in the end however the whole beginning part of it was just not happening for whatever reason. So I just want to be proactive in that case and if we already know then we have a smooth transition with the relatively small board and therefore a large quorum relatively you know...we just want to make sure that we are able to make decisions and today was one of those cases where we saw how fast it can happen where we're not able to make decisions and I guess for the petitioners who come and etc. It's just a hardship that we want to avoid at all cost. Mr. Yoshimoto: So Madame Chair...I am aware of the Mayor appointing one of his staff to be in charge of filling vacancies for Boards and Commissions. So I have not contacted her specifically yet but the expectation is because there's so many vacancies for Boards and Commissions that they will be hard at work for the initial vacancies that are happening now.or have happened now...and I will be sure to mention to her that probably later in the year to start recruiting someone for this Board. Ms. Kahakalau: Yeah. Mr. Adams: ' And I wonder if...you may be saying this...part of the conundrum is that until you actually have a vacancy I'm not sure that the nomination can be made. I could be wrong about that but I don't think I am but...yes...no. Mr. Goodenow: I don't now but I agree with you I mean... Mr. Adams: Right so...you know we have the ability to manage that right because if you have somebody in the wings already and you want to make the nomination then it's simple...you know I just resign that way you have a vacancy...you did the nomination...it falls right in line with the thing so...the timing can work out...the key is making sure that you have people to fill it. Ms. Kahakalau: Which is more easier now then it was during the last round of filling the vacancies for various reasons which we will not mention. Mr. Goodenow: Do you know...interesting you said that but I don't know if I was a replacement for someone that resigned...you know what's my term...I don't know Ku when your term is out... 17 Mr. Yoshimoto: Mr. Goodenow is here until 2020. The Chair is here until 2019. Yes so actually... Mr. Goodenow: Ku is until when? Mr. Yoshimoto: 2019 and so Rick and Pili are 2020 as well as you because you all came aboard the same. Mr. Goodenow: So it's not...it's five years from your appointment or if you've...filling the remainder of someone else's term... Mr. Adams: I was filling the remainder of somebody's which was part of the deal. Mr. Goodenow: And you're the only one that was like that. Ms. Kahakalau: All these others were open vacancies and as I mentioned... Mr. Adams: They were already open. Mr. Goodenow: I see. Ms. Kahakalau: They were vacant for almost a year despite as you know as I said intense efforts certainly on my part to try and fill those vacancies...so it's just something we want to be aware of Mr. Goodenow: That's interesting though...sorry...because I mean the whole setup was you have one in five years...one in four years...one in three so it would rotate... Mr. Adams: .Right. Mr. Goodenow: So what I'd be filling...even though my position was vacant...if it had already been vacant for a year...shouldn't I only fill and so they're always staggered right.... Mr. Adams: So I think...we're kind of laughing but the fact is...is that I think that's important I mean...you take a look at....U.S. Senators right...they fill those positions right and so those...they can track that particular whether they were there senate one or senate two you know going all the way back in terms of who has that seat. It's similar...not trying to put us on a U.S. Senate level but it's similar in the sense of..we should probably be able to track whose seat...which seat we're in... Mr. Goodenow: I could be finishing in a year...we don't know... 18 Mr. Adams: I'm finishing in a year. Ms. Kahakalau: Is that something that we just for.... Mr. Yoshimoto: I can look into that. Ms. Kahakalau: Yeah that would be great just so that we know yeah...I'm also good with filling somebody's seat and then the last question I had that's also has to do with rules and practices so in our packets we got the Article 15 and then Article 14. Are they just because I'm not a lawyer...I'm I replacing something there...these two with these new ones. Mr. Yoshimoto: Yes. Ms. Kahakalau: Do I understand that correctly. Mr. Yoshimoto: Yes. Mr. Adams: This has the new ordinances that were effective as July 1. Mr. Yoshimoto: Correct. Ms. Kahakalau: I just wanted to double check and make sure that I understand it correctly. Thank you very much. Mr. Adams: Although there was no change in Article 14 of the Charter. We just got it as a part of the packet....okay. Mr. Goodenow: When did that come...when did we get that? Ms. Kahakalau: That was in our packet this time. You would go all the way in the back...it should be... Mr. Adams: It's in the back of the packet. Ms. Kahakalau: In the back of your packet and so I just wanted to make sure that I knew. Mr. Goodenow: Thank you. Mr. Yoshimoto: We have to vote on the executive session minutes. Mr. Adams: Should've done that before hand. Ms. Kahakalau: Okay yes...my apologize again.. 19 8. DISCUSSION REGARDING AMENDMENTS TO THE BOARD OF ETHICS MONTHLY MEETING SCHEDULE. Mr. Adams: So Madame Chair. If I may we have a tentative meeting schedule that lists a couple of confirmed dates because we had already considered the February date in our last meeting in the December - meeting and then list the remainder of March through December of 2017. I would move that we...I can't move...it's a discussion. I would encourage to agendize for in our next meeting...in our February meeting the April through December dates as our meeting schedule for the remainder of 2017...of course we'll still have to talk about March today. I would ask Counsel are we able to do that...couldwe do that...do we have to do it each month...month to month or could we...can we look at agendizing and then voting on you know a change to the rules essentially that takes us through December 2017. Mr. Yoshimoto: Yes we can do that. It's just my comfort level is better that we agendize this every month because our rules states that it' the second Wednesday and if anyone were to call us on it...we'd have to have at least make sure that we're consistently notifying the public of the change in that schedule because someone could look at our rules and have a different expectation so I don't see a problem in putting out a schedule but then also each month making clear because our rules say this but we're doing something else... Mr. Adams: Okay. Mr. Yoshimoto: You know to accommodate people's schedules. Mr. Adams: Alright then I would even though it says discussion regarding changes...I guess we can have a motion that we hold our March meeting on the 14th which is a second Tuesday as opposed to March 15th which is a second Wednesday. Mr. Yoshimoto: The only caveat that I have to that is that is as I recall Council Budget hearings starts sometime in March or April so that's why...So subject to confirmation for room availability. Mr. Adams: Right I think the date will be fine...it's the room availability...we might be pushed out here. Mr. Yoshimoto: Right. Mr. Goodenow: I just had a really hard time getting a hearing date. Put on March 14. 20 Mr. Yoshimoto: You have something on March 14? Mr. Goodenow: I can change it. Mr. Adams: You know lets...here's the o ortunit ...now's the time to fix pp Y it...so let's fix it. Mr. Goodenow: I'm sorry but that...I mean I can change the hearing date...it's just my client is waiting as it is that long. Mr. Adams: So here's the deal. I am gone...through March 7 but I can do it after that...so if you want to push it back into...well actually it would've been the 8th...it wouldn't have been the fifteen. The 8th was the second Wednesday right...so.... Mr. Goodenow: March 7 but you'll be gone. Mr. Adams: I'll be gone...I'm coming back that day from the East Coast so I won't be here but you know. Mr. Goodenow: Well let's keep the 14th and I'll try and change it but if I can't...at eleven o'clock I'll run over to the courthouse. Mr. Adams: Well rather than doing that when you know you have a conflict. Mr. Goodenow: Alright. Ms. Kahakalau: And you still have your 15th Mr. Adams: So is it the 8th? Mr. Goodenow: No. March 15 is a good day for me...Wednesday, March 8 that I'm going to Honolulu. Mr. Adams: Is the 15th a problem here do you know? Mr. Yoshimoto: I don't know. I can check with the staff and I can get the Council calendar. They have it readily available. Ms. Kahakalau: But we've used the smaller room down that side before. Mr. Yoshimoto: Yeah we could use that one or... Mr. Adams: So we just want to say March 15th pending location? 21 Ms. Kahakalau: That would be more convenient for you. Mr. Goodenow: It was really hard for my client...I feel.... Ms. Kahakalau: Okay. So we're going with March 15th in that case. Mr. Adams: So you're already correcting the memo. Ms. Kahakalau: Might as well and then as if there is an issue with the room and don't think it would be a problem to go or use one of the smaller rooms. We hope not to have any...well...and then February 14th is still okay with everybody? Mr. Goodenow: Yes. Mr. Adams: Yes because it's not as much carrying of stuff right... Ms. Kahakalau: Just remember it's my favorite day of the year. I'm all valentines. Mr. Goodenow: Alright. Motion and Vote: Mr. Goodenow moved to suspend the rule concerning Wednesday . meeting days. Mr. Robinson seconded the motion. All members voted aye. 9. ANNOUNCEMENTS Ms. Kahakalau: The announcement are that the next monthly meeting is going to be scheduled for February 14th 10:00 at the Hawai`i County Council Building but we will find out what the specific location is going to be. 10. ADJOURNMENT Ms. Kahakalau adjourned the meeting at 11:55 a.m. Respectfully submitted: 1-' 4: rtiv1/\fL Emily Hi . . a, Secr to 22