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Home My WebLink About11-21-17 Regular Session Minutes HAWAII COUNTY BOARD OF ETHICS MINUTES—REGULAR SESSION Monday, November 21, 2017 10:16 a.m. to 11:02 p.m. Hawai`i County Building 25 Aupuni Street County Council Chambers Hilo, Hawaii 96720 Members and Staff Present: Kenneth Goodenow, Vice-Chair Douglass Adams, Member Shay Bintliff, Member J Yoshimoto, Deputy Corporation Counsel Renee Lawrence for Emily Hirayama, Secretary 1. CALL TO ORDER (10:16 a.m.) Mr. Goodenow: Good morning. We apologize for the delay...very sorry. I would like to call to order the County of Hawai`i Board of Ethics at this time. We have three commissioners present...if you could briefly introduce yourselves because I can't remember your last name. Ms. Bintliff: Dr. Sharon Bintliff, a retired emergency room physician and I live in Waimea...thank you. Mr. Goodenow: Thank you Sharon. Mr. Adams: Doug Adams from Hilo. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Mr. Goodenow: Are there any members wishing to make statements on any agenda items? Seeing none I guess we move on to the next order of business... 3. APPROVAL OF THE REGULAR SESSION MINUTES OF OCTOBER 23, 2017. (10:17 a.m.) Mr. Goodenow: May I have a motion to approve the regular session minutes of October 23, 2017. Ms. Bintliff: So moved. 1 Mr. Adams: Second. Mr. Goodenow: It's been moved by the doctor...seconded by Mr. Adams...all in favor please say aye...any opposed...the motion carries. Motion and Vote: Ms. Bintliff moved to approve the minutes. Mr. Adams seconded the motion. All members voted aye. 4. NEW BUSINESS (10:17 a.m.) 10:17 a.m. a. Petition No. 2017-09: Request for informal advisory opinion from a County Officer or employee, to determine whether he can make his rental unit available to the HUD Section 8 program while employed as a case manager and inspector for the County Housing Department. [Closed hearing requested] Mr. Goodenow: It's my understanding that a closed hearing is requested. Mr. Adams: Mr. Chair I moved that we go into closed hearing for the consideration of this petition. Ms. Bintliff: Second. Mr. Goodenow: Any discussion?...the grounds would be pursuant to our rules. Mr. Adams: Pursuant to our rules. Mr. Goodenow: Any further discussion? Seeing none...all those in favor say aye...any opposed...all three votes in favor of the motion. We'll recess to go into closed session. Motion and Vote: Mr. Adams moved to go into executive session. Ms. Bintliff seconded the motion. All members voted aye. 10:17 a.m. The Board moved into executive session. 10:46 a.m. The Board returned into regular session. Mr. Goodenow: We have ended executive session and we voted in executive session which maybe we're not supposed to... Mr. Adams: Closed hearing. Mr. Goodenow: Oh closed hearing so we're okay...that matter I'll just announce was continued to our next meeting. 2 5. UNFINISHED BUSINESS (10:47 a.m.) 10:48 a.m. a. Petition No. 2017-07: Review of draft order dismissing petition by Lanric Hyland alleging that County officers or employees were in violation of Sections 2-80 (Interpretation of article), 2-83 (Fair treatment), and 2-91 (Appointing authority's power to discipline) of the Hawai`i County Code. Mr. Goodenow: We previously asked for testifiers...no one seems to be present...my I have a motion. Mr. Adams: I move to accept the order dismissing petition 2017-07. Ms. Bintliff: Second. Mr. Goodenow: It's been moved and seconded...any discussion...seeing none...all in favor say aye...any opposed...motion carries three to zero in favor. Motion and Vote: Mr. Adams moved to accept the order to dismiss petition 2017-07. Ms. Bintliff seconded the motion. All members voted aye. 10:49 a.m. b. Petition No. 2017-08: Review of draft order dismissing petition Lanric Hyland alleging that County officers or employees were in violation of Sections 2-80 (Interpretation of article), 2-83 (Fair treatment), and 2-91 (Appointing authority's power to discipline) of the Hawaii County Code. Mr. Goodenow: My I have a motion? Mr. Adams: I move to accept the order dismissing petition 2017-08. Ms. Bintliff: Second. Mr. Goodenow: It's been moved and seconded...discussion...seeing none all those in favor please aye...any opposed...said motion carries three to zero. Next item of business is executive session. Mr. Adams: Mr. Chair I would move the board go into executive session. Ms. Bintliff: Second. 3 Mr. Goodenow: It's been moved and seconded...all those in favor please say aye...any opposed...motion carries three to zero... Motion and Vote: Mr. Adams moved to go into executive session. Ms. Bintliff seconded the motion. All members voted aye. 10:52 a.m. The Board moved into executive session. 10:55 p.m. The Board returned into regular session. 6. VOTING ON EXECUTIVE SESSION MATTERS 10:57 p.m. a. Review of the executive session minutes of October 23, 2017. Mr. Adams: I would move approval of the executive session minutes of October 23, 2017 as reviewed. Ms. Bintliff: Second. Mr. Goodenow: Okay it's been moved and seconded to approve the executive session minutes...discussion...seeing no discussion...all in favor please vote aye....any opposed...said matter...motion carries three to zero. Motion and Vote: Mr. Adams moved to approve the executive session minutes. Ms. Bintliff seconded the motion. All members voted aye. 10:58 a.m. 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. Adams: I would move acceptance of the confidential financial disclosure forms as reviewed during executive session. Ms. Bintliff: Second. Mr. Goodenow: Alright any discussion? Seeing none all those in favor please say aye...said motion passed three to zero. Motion and Vote: Mr. Adams moved to accept the confidential financial disclosure form as reviewed. Ms. Bintliff seconded the motion. All members voted aye. 4 7. DISCUSSION REGARDING AMENDMENTS TO THE RULES OF PRACTICE AND PROCEDURE OF THE BOARD OF ETHICS OF THE COUNTY OF HAWAII. (10:58 a.m.) Mr. Goodenow: Now moving on to item 7. Mr. Adams: We had a good long discussion as the minutes...discussed about some of the items regarding the Rules of Practice and Procedure...I haven't been able to completely put those into a form that we then as a board can consider...it is my intent to do that before my very last meeting in December. Ms. Bintliff Your very last... Mr. Goodenow: Well you can carry over. Ms. Bintliff: You're appointed right. Mr. Adams: Yeah I think we're gonna have somebody so...anyway no I don't think I can...mine ends on December 31...that's what the County Council approved.. Mr. Goodenow: Alright. Mr. Adams: So anyway...so the plan is to have something there...whether it will be ready in time for the ten day rule or not but I don't know but we'll try our best. Mr. Goodenow: Alright...well thank you that and your efforts Mr. Adams...just for the record I'd like to state I'm not for anything flying under the radar but I'll leave it at that...any other... 8. DISCUSSION REGARDING AMENDMENTS TO THE BOARD OF ETHICS MONTHLY MEETING SCHEDULE. (10:59 a.m.) Mr. Goodenow: We're on number 8. Mr. Adams: So this would be January. Mr. Goodenow: Yes. Our December date for when again? Mr. Adams: The twelfth...it's in the announcements. So January our normal meeting would be on the...I believe on the second Wednesday is that correct. 5 Mr. Goodenow: Yes. Mr. Adams: So the tenth...so does that a problem for you? Mr. Goodenow: Yes...I'm afraid I'm not available on the tenth...I'11 be in Honolulu for the... Ms. Bintliff: The second Wednesday of January is the tenth? Mr. Adams: Yes...it is...that's...he's not available...apparently you're not available either based on your facial expression... Ms. Bintliff: No no.... Mr. Adams: Okay. Mr. Goodenow: Sorry I gotta...just to be sure...it's almost always the second Wednesday is that meeting. Ms. Bintliff: Yes. Mr. Goodenow: I have court at 8:30 in the morning...well if you would like I could make it the tenth it appears... Mr. Yoshimoto: So we tentatively have January 9th reserved in anticipation of your schedule Mr. Goodenow so. Mr. Goodenow: It's very likely there's some mistake... Ms. Bintliff: What day is that? Mr. Yoshimoto: Tuesday. Mr. Goodenow: I'm free on Tuesday the 9th. Would that work for you? Ms. Bintliff: Yeah of course that would work for me. Mr. Goodenow: Alright then if I could have a motion to suspend the rules so that we may hold our meeting on January 9`h....Tuesday 2018. Ms. Bintliff: So moved Mr. Adams: Second. 6 Mr. Goodenow: It's been moved and seconded...any discussion...seeing none...all those in favor please say aye...said motion passes...the rules are suspend and the meeting is set for January 10th at 10:00 a.m. Mr. Adams: January 9. Mr. Goodenow: January 9, 2018 at 10:00 a.m. Motion and Vote: Ms. Bintliff moved to suspend the rules for our regular scheduled meeting date to January 9th. Mr. Adams seconded the motion. All members voted aye. 9. ANNOUNCEMENTS (11:01 a.m.) Mr. Goodenow: Any other announcements? Seeing none...the next monthly meeting is scheduled for December 12th at 10:00 a.m. at the Hawai`i County Building Council Chambers where are now. 10. ADJOURNMENT (11:02 pam.) Mr. Goodenow: May I have a motion to adjourn. Ms. Bintliff: So moved. Mr. Adams: Second. Mr. Goodenow: It's been moved and seconded to adjourn the meeting...discussion... Mr. Adams: Yes I would...I wish everyone still in the room Happy Thanksgiving. Mr. Goodenow: Thank you Mr. Adams....any other discussion? On that note all in favor say aye...motion passes three to zero...meeting is adjourned. Respectfully submitted: Cy1RA ()- Emily Hiraa, SecrNtgry ) V 7