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HomeMy WebLinkAbout06-13-17 Regular Session Minutes HAWAII COUNTY BOARD OF ETHICS MINUTES—REGULAR SESSION Tuesday, June 13, 2017 10:03 a.m. to 10:39 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 J Yoshimoto, Deputy Corporation Counsel Emily Hirayama, Secretary 1. CALL TO ORDER Mr. Goodenow: Calling the meeting to order at 10:03 a.m. I am Vice-Chair Goodenow...we have members Adams and Robinson present. Unfortunately, the Chair could not be here this morning. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Mr. Goodenow: So on the agenda if we could move on to statements from the public on agenda items. Any public testimony? Seeing now we'll move on to item 3. 3. APPROVAL OF THE REGULAR SESSION MINUTES OF MAY 9, 2017. Mr. Goodenow: Do I have a motion to approve? Mr. Adams: So moved. Mr. Robinson: I'll second but I have some items that I want to correct. Mr. Goodenow: It's been moved and seconded. Discussion? Mr. Robinson: On page 27...unfinished business...petition...my statement there...I believe there should be a...it says I think about the eighth line down...it says "and I'm bothered by the fact that you know what...there should be a what interjected in there...what does that mean. Mr. Goodenow: What you know...does that mean. 1 Mr. Robinson: Yeah....that you know what does that mean...I'm bothered by the fact that you know what does that mean....so just add that...and then on page 31...we talk about sending a letter to the Mayor regarding different items about half way down on the page...I think that the word should be...it's gotten awfully quiet. So those are the only two things that I have. Mr. Goodenow: Thank you very much member Robinson. If there's no objection...I'm just gonna say that the motion has been amended with those two changes. Seeing no objection...we are now on the main motion to approve as amended...all those in favor say aye...any opposed...said motion carries 3 to 0. Motion and Vote: Mr. Adams moved to approve the minutes. Mr. Robinson amended the minutes and seconded the motion. All members voted aye. 4. NEW BUSINESS Mr. Goodenow: I do see that we have people here for Petition No. 2016-20. At this time if there's no objection by either of the members...I'd like to take this item out of order. Mr. Adams: No objection by me. Mr. Goodenow: No objection. Okay....we are then moved to Petition No. 2016-20. **Minutes listed under Sa** a. Discussion regarding the Mayor sending a letter informing his staff of the Code of Ethics Ordinance Amendment No. 15-103: New Contract Requirements that was adopted on July 1, 2016. Mr. Goodenow: I guess there's no motion...we're in discussion...members? Mr. Adams: When we had this...when we had this conversation...we decided to move this to the agenda...going back to our minutes so I remember it...I thought that we were looking to do...I'm sorry....I thought that we would be able to make a motion to send a letter to the Mayor but this is just a discussion item. Mr. Goodenow: I think it would be acceptable to make a motion as part of the discussion if that's the choice...I think this is sufficient notice for purposes of Sunshine Law that we might so do that...Corp. Counsel? Any comments on that? 2 Mr. Yoshimoto: That's correct right...so you're having the discussion on whether to send that...as I recall last time it was just brought up as a suggestion for agendizing. Mr. Adams: It was just down in the announcements area...as I mentioned and is in the minutes that we've approved for May 9`h...I have noticed...I don't know if I've...concerned...I don't know if that's the right term but I've definitely noticed that we have...since the start of the new administration with new department heads and some new folks in different positions. We've seen less...a great deal less...folks coming here with potential conflicts under the ordinance that was...went into effect on July 1, 2016. Ordinance 15-103 I guess and I just want...I think it's worth a note to the Mayor and his administration that...that that's been our...that we've noticed that and...just to make sure that the folks are paying attention to...the contracts are making sure that they're doing what their supposed to be doing in accordance with that new amendment or that new ordinance. Mr. Goodenow: Further discussion? I mean I agree with the sentiments of Mr. Adams...of course the Chair isn't here but maybe I move that the Chair write a letter...along those lines. Mr. Robinson: I'd second that. Mr. Goodenow: Alright it's been moved and seconded. Further discussion? Anything we want to put in in particular...I mean off the top of my head...you know these people are coming in repeat times right...! mean I think.... Mr. Adams: I think just a history...I think the way that we...part of the way that we discussed last time was...we had all these folks that came in even before the ordinance went into effect and then all the way through...I'm not sure the last one but probably...you now the October...November time period we were receiving contractors that were thinking about making proposals right and they wanted to make sure that their I's were dotted and T's were crossed in regard to this ordinance and since then...since the change I think we've seen one and it was because it was from someone who has been...had been involved two or three times previously so...it maybe that there is no one but it's enough of an outlier for me that its worth just raising the point with the administration. Mr. Goodenow: Alright. I concur...any further discussion? All those in favor say aye...all opposed? No? Three votes in favor...motion carries. 3 Motion and Vote: Mr. Goodenow moved to send a letter to the Mayor. Mr. Robinson seconded the motion. All members voted aye. 5. UNFINISHED BUSINESS a. Petition No. 2016-20: Review draft order dismissing petition by Edward Underwood alleging that Prosecutor Mitch Roth was in violation of Sections 2-83 (Fair Treatment) and 2-84 (Conflict of Interest) of the Hawai`i County Code of Ethics because he used his position to influence further private interest regarding a contested case hearing. Mr. Goodenow: Just a little status report...we had already conducted the hearing right...the motion was to dismiss that matter...unfortunately because we don't have quorum...not unfortunately because of member Adams...but he had recused himself so we're right back where we are before that we're gonna have to continue this matter without discussions so I apologize to those of you who are here for that. I would like to maybe this is better under announcements but I'm gonna just say something that's not discussion...there's not motion on this but just because it came up at the last meeting about...referring the petitioner to the State Board of Ethics...I just want you to know my understanding and announce so everyone hears it that I did have a brief conversation with Corp. Counsel on this matter and it is...my opinion anyway that...it's not in the scope of this Board's duties to be able to do that...that maybe individual could but just as a matter of law...so I'm just making that announcement...that that's where we tend to be on this but this will move to the next meeting and... Mr. Robinson: Okay just to be clear...that the County Board of Ethics will not have the ability to refer an item to the State of Hawai'i's Board of Ethics or Ethics Commission for review and investigation... Mr. Goodenow: Again we're not having discussion on this matter. Mr. Robinson: Okay. Mr. Goodenow: Right....the Sunshine Law if it's about this matter we have to be.... Mr. Robinson: Right...I just want to understand. Mr. Goodenow: But just...to say that in my opinion that is correct...the Board of Ethics duties are to investigate...it lists our duties....whether that 4 would include referring this matter...as my opinion...I don't think that's true. I did have a brief discussion with Corp. Counsel. Mr. Yoshimoto: So I would caution Board members because this shouldn't be happening...we should just be... Mr. Goodenow: Well...it's not a Board item in my opinion. Mr. Yoshimoto: Okay. Mr. Goodenow: But I agree we should move on but I just wanted to put that out there for people for the next meeting when this item will be on the agenda. Okay. Moving on to next item of business...new business. Motion and Vote: Mr. Adams moved to accept the informal advisory opinion. Mr. Goodenow seconded the motion. All members vote aye. b. Petition No. 2017-06:Review draft informal advisory opinion regarding a petition from Kenneth Van Bergen, to determine if he would be able to work on the development of a park which he was involved with during his employment with the County. Mr. Goodenow: May I have a motion to approve? Mr. Robinson: Motion to approve. Mr. Adams: Second. Mr. Goodenow: Alright. Discussion? Mr. Adams: This is good work. Mr. Goodenow: I agree. Thank you. Mr. Adams: Given the fact that I have made corrections in the past or stuff right...so when its good work maybe I should say so. Mr. Goodenow: Okay. Further discussions...seeing none...all those in favor say aye...any opposed? Said motion passes three to zero. Motion and Vote: Mr. Robinson moved to approve informal advisory opinion. Mr. Adams seconded the motion. All members voted aye. 5 Mr. Goodenow: May I have an appropriate motion. Mr. Adams: I move that the Board move into executive session. Mr. Robinson: Seconded. Motion and Vote: Mr. Adams moved to go into executive session. Mr. Robinson seconded the motion. All members voted aye. 10:15 a.m. The Board went into recess. 10:18 a.m. The Board moved into executive session. * * * * * 10:33 a.m. The Board returned into regular session. 6. VOTING ON EXECUTIVE SESSION MATTERS a. Review of the executive session minutes of May 9, 2017. Mr. Goodenow: We are now going to vote on the executive session minutes... Mr. Robinson: Motion to approve. Mr. Adams: Second. Motion and Vote: Mr. Robinson moved to approve the executive session minutes. Mr. Adams 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: May I have a motion? Mr. Adams: I don't believe all went through Mr. Chair...so I think it was...2, 3, and 4 were accepted...is that right? Ms. Hirayama: Yes. Mr. Adams: And 1 is being returned for more information? And so I move that we accept 2, 3 and 4 and send 1 back for more information. 6 Mr. Robinson: Second. Mr. Goodenow: All those in favor say aye...any opposed...said motion carries three to zero. Motion and Vote: Mr. Adams moved to accept numbers 2, 3, and 4 of the confidential financial disclosure forms with number 1 sending back for more information. 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: So Mr. Chair if I may...I would say that we understand that there is work to be done on this and if...and the idea would be that within the next month or two that we're able to present something to the Board for real discussions so that we can knock this thing out. Mr. Goodenow: Okay...any further discussion? Seeing none...we'll move that item to the next month's agenda. 8. DISCUSSION REGARDING AMENDMENTS TO THE BOARD OF ETHICS MONTHLY MEETING SCHEDULE. Mr. Adams: We're talking August I believe. Mr. Goodenow: Yeah. Mr. Yoshimoto: So Board members I do have a conflict in my schedule for August...basically I'm not available on August 8th and 9th...I have another all-day meeting so I'm looking at August 10`h...want to see if Board members are available on August l0`h...no? Mr. Goodenow: I'm going to a family law training conference.... Mr. Yoshimoto: Okay. Mr. Goodenow: On the mainland...New Orleans...I leave the 8th and I come back the 13`h. Mr. Yoshimoto: So you can't make the 8`h anyway...okay... Mr. Goodenow: Yeah. Mr. Yoshimoto: Alrighty...so what are we looking at then as far as... 7 Mr. Adams: We locking it in the 3m week? Mr. Yoshimoto: I believe we have Council on the 15th and 16"'...yeah. Ms. Hirayama: The 8th thru...the week of the 7th to the 1 1th was open. Mr. Adams: Say that again...I'm sorry. Ms. Hirayama: The following week after is Council. Mr. Adams: Right so what about Monday the 7th? Ms. Hirayama: We could do Monday. Mr. Yoshimoto: I'm good on Monday. Mr. Robinson: It's good for me. Mr. Goodenow: My...flight on the 8`h...I'm actually flying...we could do it in the morning...I have... Mr. Adams: On the 7th? Mr. Goodenow: On the 7th. Actually I have... Mr. Robinson: Ten O'clock. Mr. Goodenow: Yeah...ten o'clock on the 7th• Mr. Adams: We're not getting into anybody's way here? Mr. Yoshimoto: We gotta check with Council yeah to see. Ms. Hirayama: Yeah. Mr. Goodenow: Do we give an alternate date? I have a trial August 22th...but I'm free August 23m...we could have it somewhere else.... Mr. Yoshimoto: Okay why don't we just tentatively plan for August 7th if everyone's clear on that and then we'll just take it from there and then Board members for our October meeting...I am...not available on the 10th and 11th which is days that we've been meeting...but I am available looks like August... Mr. Adams: You mean October. 8 Mr. Yoshimoto: I'm sorry October...October 16th or 19th is I think when I'm available. Mr. Goodenow: I've got court in Waimea on the morning of the 16`h. Mr. Adams: Okay. Mr. Yoshimoto: So the...19`h? Mr. Goodenow: The 19t...the Thursday? That's the CPS calendar on... Mr. Yoshimoto: Not good. Mr. Goodenow: I've got about seven cases... Mr. Yoshimoto: 20`h? Mr. Goodenow: Works for me. Mr. Robinson: 10:00? Mr. Adams: I won't be here...I'll be in Honolulu. Mr. Yoshimoto: Okay. Mr. Goodenow: We can put it off maybe a month... Mr. Robinson: Yeah September. Mr. Goodenow: We got August handled at least. Mr. Yoshimoto: Okay...why don't we work on that? Mr. Goodenow: Okay. Mr. Yoshimoto: We got August managed...okay. Mr. Goodenow: I forgot though...we'll need a motion to suspend the rules... Mr. Yoshimoto: Right to make those changes. Mr. Goodenow: Right make the...to change the August meeting... Mr. Adams: August 7th . Mr. Goodenow: August 7`h...we already voted to change the July one... 9 Mr. Adams: That's correct. Mr. Goodenow: Alright so may I have a motion. Mr. Adams: I move that we suspend the rules and change our proposed dates for our monthly meeting from the regular scheduled date. Mr. Goodenow: I think those are two motions in one but I don't see a problem as long as we get the.... Mr. Adams: I move. Mr. Robinson: Second. Mr. Goodenow: All in favor...any no's...said motion passes. Motion and Vote: Mr. Adams moved to suspend the rules and change the proposed dates for the regular scheduled meetings dates. Mr. Robinson seconded the motion. All members voted aye. Ms. Hirayama: August 7th is open. Mr. Yoshimoto: Okay we're confirmed. Mr. Goodenow: Okay confirmed for August 7`h...thank you. 9. ANNOUNCEMENTS Mr. Goodenow: The announcements are that the next monthly meeting is going to be scheduled for July 11, 2017 at 10:00 at the Hawaii County Council Building but we will find out what the specific location is going to be. 10. ADJOURNMENT Mr. Goodenow adjourned the meeting at 10:39 a.m. Respectfully submitted: • Emily H r., ama, Sec 10