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HomeMy WebLinkAbout02-13-18 Regular Session Minutes HAWAII COUNTY BOARD OF ETHICS MINUTES—REGULAR SESSION Tuesday, February 13, 2018 10:01 a.m. to 11:50 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 Rick Robinson, Member Nan Sumner-Mack, Member J Yoshimoto, Deputy Corporation Counsel Emily Hirayama, Secretary 1. CALL TO ORDER (10:01 a.m.) Ms. Kahakalau: Aloha Kakahiaka...I would like to hereby called the meeting of the Board of Ethics for February 13, 2018 to order. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (10:02 a.m.) Ms. Kahakalau: There really isn't anybody to introduce ourselves to so we will dispense with that process this morning and I also don't see anybody in the audience means that I'm assuming there are no statements from the public on any agenda items...alright. 3. APPROVAL OF THE REGULAR SESSION MINUTES OF JANUARY 9, 2018. (10:03 a.m.) Ms. Kahakalau: Then we're moving right along to the approval of the regular session minutes of January 9, 2018. Ms. Sumner-Mack: I have one correction...It's Ginny Ace name is spelled Aste... Ms. Hirayama: Which page is that on? Ms. Sumner-Mack: Page 26 is one...around 25...24... Mr. Goodenow: Ms. Ace...where... Ms. Sumner-Mack: Is Aste...aste... 1 Mr. Goodenow: So there's a lot of places... Ms. Sumner-Mack: Yeah it's all through the conversation. Ms. Kahakalau: So it will be a consistent correction from Ace to As... Ms. Sumner-Mack: Aste. Ms. Kahakalau: Aste...okay thank you for catching that...names are very, very important so we definitely don't want to give somebody another name here...I think it's starting on page 24 I think... Ms. Sumner-Mack: Yeah 24 thru 2... Ms. Kahakalau: And from there on... Ms. Sumner-Mack: 27... Ms. Kahakalau: Yeah. Ms. Sumner-Mack: That's all I see right now. Ms. Kahakalau: Okay so that's a minor edit and a consistent edit...spelling edit...do we have any other changes or questions? Mr. Goodenow: Move to approve the minutes with the corrections noted by Member Sumner-Mack. Ms. Sumner-Mack: I'll second it. Ms. Kahakalau: Any further discussion...all in favor say aye...any opposed...so our minutes for January 9 have been approved. Motion and Vote: Mr. Goodenow moved to approve the minutes with the corrections. Ms. Sumner-Mack seconded the motion. All members voted aye. 4. NEW BUSINESS (10:04 a.m.) a. Petition No. 2018-01:Request for an Informal Advisory Opinion from a County Officer or employee, to determine whether he can start an engineering firm to serve outer islands. (Closed hearing requested) Ms. Kahakalau: And then we have new business which is a closed hearing...however I do not see the petitioner in the room and so I'm gonna ask our counsel what happens in such a case. 2 Mr. Yoshimoto: Good morning Madame Chair...it would be the board's discretion to....continue this...postpone this to the next meeting...my understanding is the petitioner did receive written notice of today's meeting but perhaps something came up so... Ms. Kahakalau: Okay. Mr. Yoshimoto: So yeah it would be okay to postpone it...up to the board though. Mr. Goodenow: Madame Chair I would move to continue this matter to the next meeting and that the petitioner be notified. Ms. Kahakalau: Okay...and a second? Is that a motion? Mr. Goodenow: Yeah. Ms. Kahakalau: Yeah. Ms. Sumner-Mack: I'll second it. Ms. Kahakalau: Okay...any discussion... Mr. Goodenow: I don't feel comfortable...approving or without asking additional questions...I think this is a grey area that we need to consider carefully and would need the petitioner here. Ms. Kahakalau: I completely agree as well...any further discussion? Alright all in favor of the motion say aye...any opposed... Motion and Vote: Mr. Goodenow moved to continue petition to the next meeting. Ms. Sumner-Mack seconded the motion. All members voted aye. 5. UNFINISHED BUSINESS (10:05 a.m.) Ms. Kahakalau: Alright so now we're...we don't have any unfinished business either so...and then we will go into executive session where we are going to look at...the...executive session minutes and then primarily dealing with multiple confidential financial disclosure forms that have been submitted on time and that we will be going through...can I have a motion? Mr. Goodenow: Madame Chair... Ms. Kahakalau: Yes. 3 Mr. Goodenow: I move that the board enter into executive session. Ms. Kahakalau: Do we hear a second? Ms. Sumner-Mack: Second. Ms. Kahakalau: Alright wonderful. Is there any discussion in terms of going into executive session...alright all in favor say aye...alright...there's nobody to dismiss from the room but we will close just for security purposes. Motion and Vote: Mr. Goodenow moved to go into executive session. Ms. Sumner-Mack seconded the motion. All members voted aye. 10:06 a.m. The Board moved into executive session. * * 11:30 a.m. Chair Ku Kahakalau left meeting due to prior engagement 11:40 a.m. The Board returned into regular session. 6. VOTING ON EXECUTIVE SESSION MATTERS 11:41 a.m. a. Review of the executive session minutes of January 9, 2018. Mr. Goodenow: Calling the meeting back to order...we have just finished executive session...I would like a motion to approve the executive session minutes of January 9. Mr. Robinson: Motion to approve. Ms. Sumner-Mack: I second. Mr. Goodenow: Any discussion...seeing none...all those in favor say aye...Oh... Mr. Yoshimoto: One thing...go on the record that Ku has left. Mr. Goodenow: Oh okay sorry...right Ku Kahakalau...the vote is three aye's...Chair Kahakalau had to leave the meeting at 11:30 a.m. Motion and Vote: Mr. Robinson moved to approve the executive session minutes. Mr. Adams seconded the motion. All three members voted aye. 4 11:42 a.m. 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. Mr. Goodenow: The review of financial disclosure forms...sorry we usually have a list...can I have a motion to approve all the forms except for those identified by secretary. Mr. Robinson: Chair I would like to make a motion that we approve all of the forms that were submitted that were reviewed and signed with the exceptions of the ones that were found to be incomplete in some way and returned for further processing. Ms. Sumner-Mack: I second. Mr. Goodenow: Any discussion...do we need to identify those for the record... Mr. Yoshimoto: We normally do. Mr. Goodenow: Okay we'll just give her a minute...we'll take a...brief recess in place...okay Madame Secretary if you could please read in the numbers...that we are not approving. Ms. Hirayama: Okay...financial disclosures that are not approves are numbers...4, 13, 14, 15, 24, 25, 27, 29, 31, 36, 39, 44, 45, 46, 49, 50, 51, 53, 54, 59, 65, 66, 72, 85, 87, 88, 89, 93, and 94. Mr. Goodenow: Okay so it's been moved and seconded that we approve all of those that were not just identified by the secretary...any further discussion...seeing none...all of those in favor say aye...any opposed...motion carries three to zero. Motion and Vote: Mr. Robinson moved to approve all of the confidential financial disclosure forms except for the ones that were incomplete and returned for further processing. Ms. Sumner-Mack seconded the motion. All three members voted aye. 7. COMMUNICATION DATED FEBRUARY 6, 2018 FROM VICE-CHAIR KENNETH GOODENOW REGARDING AMENDMENTS TO THE RULES OF PRACTICE AND PROCEDURES OF THE BOARD OF ETHICS (11:43 a.m.) Mr. Goodenow: Moving on then to number seven...any discussion on this item? I guess I'll start if that's alright...so you know as I noted in my memo to the board...I really see there's two approaches...one is you just the board assigns one or two people to come up with 5 something and gets presented...the other way is that we go through it...meeting by meeting as outlined in the memo and...we...discuss it as a group...make decisions in a group...I was recommending the second alternative there...I don't know if anyone...has an issue with that or would like to suggest something else.... Ms. Sumner-Mack: I think it's good to have someone do a preliminary study and then bring it to the board as whole because you get input from more different sources... Mr. Goodenow: Yeah...well my plan was for each of the chapters...now there's that one...the first item is kind of a big one...this thing about the civil fines...and as I asked in the letter...if our corp. counsel could...provide us kind of with a...outline of Chapter 91...what it requires and if there's any case law that may impact that...if you could...I mean that's a lot of work to do by our next meeting...but just kind of a basic...this is what Chapter 91 requires...and then...so we would...and then I would take the responsibility for each of these sections of presenting...actually what I was planning on doing was making a chart...putting the current rule...putting each County's what they do and...you know making recommendations that we could discuss...so I think it would be guided...I would take that role of preparing but...really all the decisions and...you know would be in open...open meeting...I hope that's acceptable. Mr. Robinson: That's fine with me. Mr. Goodenow: Alright. Mr. Robinson: That's where it should be...I mean we need to streamline the process. Mr. Goodenow: Right...it just kind of was taking a while before... Mr. Robinson: Yeah. Mr. Goodenow: Alright...we don't need to vote on this I think...we just...is there any other comments or...discussion...I'll try and...so you should get in your packet...I know that doesn't give you much time...but kind of an outline of what we're discussing and...we just take it meeting by meeting...okay... Mr. Robinson: That's fine with me. 6 - Mr. Goodenow: Okay... Mr. Robinson: We're all in agreement. Mr. Goodenow: No further discussion...then we would move on to number eight. S. DISCUSSION REGARDING CHANGES TO THE BOARD OF ETHICS MONTHLY MEETING SCHEDULE. (11:46 a.m.) Mr. Goodenow: And I'll start by stating that the reason this is always on our agenda is really because of me...right the rules call for the meeting to be second Wednesday but I have the Campaign Spending Commission on the second Wednesday...so I don't know if our secretary has a proposed...I know March 19...right that's already been voted on...so we're looking at April.... Ms. Hirayama: April 12 which is a Thursday. Mr. Goodenow: April 12...anyone have... Ms. Sumner-Mack: That's fine with me...I don't have anything. Mr. Robinson: That's fine with me....Thursday's fine...just not Wednesday, Friday or Saturday. Mr. Goodenow: I think that should be okay. Mr. Robinson: Yeah okay...the 12th... Mr. Goodenow: Yeah. Mr. Robinson: Okay. Mr. Goodenow: So we would need a motion to suspend the rules and to pick April 12...I guess 10 a.m. in the Council Chambers...if I could have a motion for that. Ms. Sumner-Mack: I so move. Mr. Robinson: Second. Mr. Goodenow: Okay so it's been moved and seconded...all in favor say aye...any opposed...motion carries three to zero. Motion and Vote: Ms. Sumner-Mack moved to suspend the rules. Mr. Robinson seconded the motion. All members voted aye. 7 9. ANNOUNCEMENTS (11:49 a.m.) Mr. Goodenow: The next monthly meeting of the Board of Ethics is scheduled for March 19, 2018 at 10 a.m. in the Council Chambers where we are now. Mr. Robinson: That's a Monday right. Mr. Goodenow: I believe so. Ms. Sumner-Mack: Yes. Mr. Goodenow: Any other announcements anyone would like to make... Ms. Sumner-Mack: How about the summer time...how...I mean I'm going to be away all of July I think...is that going to be a problem or... Mr. Goodenow: Well when we...either you'll have to miss it or we could try and work around your schedule and pick a....like the end or beginning of the month we could try and... Ms. Sumner-Mack: Well I mean I want to make my plans...I could let people know that basically I think I'll be away most of the month. Mr. Goodenow: Usually...we work out the two months in advance so we could work around your schedule... Ms. Sumner-Mack: Okay...I want you to have your quorum. Mr. Goodenow: Yeah. Mr. Robinson: That's important to have a quorum. Mr. Goodenow: Well thank you for that...I guess just keep Emily informed when you know your plans and I'm sure we can work around it...any other announcements... 10. ADJOURNMENT (11:50 a.m.) Mr. Goodenow: May I have a motion to adjourn? Mr. Robinson: Motion to adjourn. Ms. Sumner-Mack: Second. 8 Mr. Goodenow: It's been moved and seconded...all in in favor say aye...Thank you motion carries...the meeting is adjourned. Respectfully submitted: y rfr Emily Hiray4, Secreta 9