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HomeMy WebLinkAbout2019-01-07 Regular Session Minutes HAWAII COUNTY BOARD OF ETHICS MINUTES—REGULAR SESSION Monday, January 7, 2019 10:05 a.m. to 11:19 a.m. Hawai`i County Building 25 Aupuni Street County Council Chambers Hilo, Hawaii 96720 Members and Staff Present: Kenneth Goodenow, Vice-Chair Rick Robinson, Member Nan Sumner-Mack, Member David Wiseman, Member J Yoshimoto, Deputy Corporation Counsel Maria Pagala, Secretary 1. CALL TO ORDER (10:05 a.m.) Mr. Goodenow: I'll call the meeting to order of the Hawaii County Board of Ethics. I am Vice-Chair Kenneth Goodenow. We also have Nan Sumner- Mack, Rick Robinson and David Wiseman, Members. And moving on to the first item on the agenda, statements from the public. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS (10:05 a.m.) Mr. Goodenow: Anyone submitting testimony? No. Was so nice last time...but thank you. Moving on then to approval of the regular session minutes of December 12, 2018. 3. APPROVAL OF THE REGULAR SESSION MINUTES OF DECEMBER 12, 2018 (10:06 a.m.) Mr. Goodenow: Any...I guess we need a motion to approve? Ms. Sumner-Mack: I had a question to ask David about something that he was quoted as saying but I'll ask another time. Mr. Goodenow: Oh no...but we do need a motion before discussion. Ms. Sumner-Mack: I move that we accept the minutes. Mr. Goodenow: Thank you. Second anyone? Mr. Wiseman: Second. 1 Mr. Goodenow: Thank you. Seconded by Mr. Wiseman. Discussion? Seeing none, all those in favor please say aye. Any opposed. Mr. Robinson: We're gonna have discussion before we voted or... Mr. Goodenow: Yeah. Discussion. I'm sorry I said...I was too fast there. Mr. Robinson: Yeah. Mr. Goodenow: Discussion? Mr. Robinson: Discussion. Mr. Wiseman: Yeah. I vote to approve them with subject to a subsequent modification if I find necessary...any typo or anything. Mr. Goodenow: We don't normally...I think we do that but we can bring them up now. Nan if you have them. We'll go through them one by one...that's the discussion. Mr. Wiseman: Well the thing is I haven't had an opportunity to review them thoroughly. Mr. Goodenow: I would move then that we continue approval of the minutes until the next meeting. So we have more time. They were very voluminous and... Mr. Wiseman: We just got electronic copy which is hard for me to read. Mr. Goodenow: Yeah. That's correct. So I move...or can I get a motion to continue? Mr. Wiseman: Motion to continue approval of the minutes till next meeting. Mr. Goodenow: Okay. Mr. Wiseman: In order that we may thoroughly review them. Ms. Sumner-Mack: Do I need to withdraw my motion? Mr. Goodenow: No. It's superseded. Your motion technically remains on the floor until the next meeting. Ms. Sumner-Mack: Oh alright. 2 Mr. Goodenow: Second it's been moved and seconded. Discussion on continuing approval of the minutes? Seeing none. All those in favor please say aye. Any opposed? Motion carries 4 to 0. Next item, new business. Motion and Vote: Mr. Wiseman moved to continue approval of the regular session minutes of December 12, 2018 to the next meeting. Mr. Goodenow seconded. All present members voted aye. 4. NEW BUSINESS (10:07 a.m.) Mr. Goodenow: We have no new business. 5. UNFINISHED BUSINESS (10:08 a.m.) Mr. Goodenow: We have no unfinished business. I see though we have the League of Women Voters here. If someone would like to move that we take items 7 and 8 out of order before the executive session...since they're here. I would... I think that's a good idea. Mr. Wiseman: Yeah. So moved. Mr. Goodenow: Second? Mr. Robinson: Second. Mr. Goodenow: Ah-ight. All those in favor? Ms. Sumner-Mack: Well I'd like to raise discussion. Could we... I've been a little bit concerned about the changing of the meetings every time. Mr. Goodenow: I'm sorry Ms. Sumner-Mack. The motion on the floor is to take items 7 and 8 out of order. So we're skipping 6. The motion is only that we skip 6 for now. So the members of the league can hear our discussion. Ms. Sumner-Mack: Okay. Mr. Goodenow: Any other discussion? Seeing none. All those in favor please say aye. Any opposed? Motion carries 4 to 0. So now we are on number 7. Motion and Vote: Mr. Wiseman moved to go onto agenda items 7 and 8. Mr. Robinson seconded. All present members voted aye. 3 6. EXECUTIVE SESSION (10:47 a.m.) Mr. Goodenow: May I have a... Mr. Robinson: Before we...I just want...you know we received everything this time electronically...I really like tactile function of holding things in my hand and reading them...and I didn't want to print everything out is way too much...if we just please give um...yeah.. Mr. Goodenow: Okay... Mr. Robinson: I'm a very... Mr. Goodenow: Thank you...well you make notes on it...I'm the same way... Mr. Robinson: Yeah... Mr. Goodenow: Okay...so now...for...executive session... Mr. Robinson: I make a motion to go into executive session.... Ms. Sumner-Mack: Second. Mr. Goodenow: You just gotta add this language there... Mr. Robinson: Oh yeah...I gotta read all that stuff here...I make a motion to go into executive session with reference...in particular the Board of Ethics anticipates is may consider the evaluation, dismissal, or disciplining... Mr. Goodenow: Yeah...consult with...just read it all.... Mr. Robinson: I make a motion to go into executive session for the purpose of consulting with the Boards attorney on questions and issues pertaining to the Board's power, duties, privileges, immunities, and liabilities. Therefore, pursuant to Hawai`i Revised Statutes ("HRS") Section 92-5(a)(2), 92-5(a)(4), and 92-6 (a)(2), following items may be considered in executive session which would be executive session minutes of December 12, 2018...review of confidential financial disclosure. Mr. Goodenow: We can't go wrong with that...and second... Ms. Sumner-Mack: Second. 4 Mr. Goodenow: All in favor...motion carries four to zero...thank you...We'll take a brief recess. Motion and Vote: Mr. Robinson moved to go into executive session. Ms. Sumner-Mack seconded. All present members voted aye. *10:48 a.m. to 10:58 a.m. — Board took a brief recess. * *11:17 a.m. Board returned to regular session* a. Review of the executive session minutes of December 12, 2018. Mr. Goodenow: Okay we are on...reviewing the....can I have a motion to approve the executive session minutes of December 12, 2018. Ms. Sumner-Mack: I so move. Mr. Wiseman: Second. Mr. Goodenow: Any discussion....it's been moved and seconded...all in favor say aye...any opposed...motion carries four to zero... Motion and Vote: Ms. Sumner-Mack moved to approve the executive session minutes of December 12, 2018. Mr. Wiseman seconded. All present 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: Mr. Goodenow: Review of Financial Disclosure Forms...I kind of forgot what we say...we approve all but one... Ms. Pagala: Four and number eight. Mr. Goodenow: Okay...number eight...we are returning for more information... Mr. Yoshimoto: And number four. Mr. Goodenow: Oh and number four...so four and eight we are requesting more information...the others we move to file...can I have a motion to file...1, 2, 3, 5, 6, 7... Mr. Wiseman: So moved. Ms. Sumner-Mack: Second. 5 Mr. Goodenow: All in favor...any opposed...motion carries four to zero... Motion and Vote: Mr. Wiseman moved to approve seven out of eight financial disclosure forms. Ms. Sumner-Mack seconded. All present members voted aye. **Board moved to item 9** 7. DISCUSSION REGARDING AMENDMENTS TO THE RULES OF PRACTICE AND PROCEDURE OF THE BOARD OF ETHICS OF THE HAWAII COUNTY CHARTER AND COUNTY CODE. (10:09 a.m.) Mr. Goodenow: We don't need a motion. If I could start...though the discussion? Mr. Robinson: Please. Mr. Goodenow: Thank you. At our last meeting, if you'll recall, we had two items on this that we took action on. The first was that we would transmit proposed charter amendments to the charter commission and at the time my...our understanding was we had to do it at that meeting. That's why everything got rushed...because that would give them time to have it at their meeting before they went to public hearing. My understanding is that, that letter with our proposals has not been transmitted but...or maybe it has. I'd like to ask corp. counsel for input on that. Mr. Yoshimoto: My understanding is that, Mr. Chairman, is that that letter has not been sent. In terms of the charter commission...the charter commission my understanding will be having its public hearings on matters before it late March and early April. So there's still time. Mr. Goodenow: So just we have to be sure that that gets done. And again, there was, I know you passed out what the...what we had at the last meeting...but it's noted in the minutes, right? That item a. correspondence dated December 4th You know that code amendments and charter amendments...we're only dealing with the first page, cause it deals with the charter...that there was a typo, right? And we at the meeting said that the last...second to last sentence of the first paragraph under section 14-5...is new material and should be underlined. Specifically...the board shall adopt its rules of procedure, having the force and effect of law, as will be necessary to provide for the enforcement of the code of ethics. Just want to make clear that that should be underscored. And we all did...this is a recap of what we did last time. So that letter to the charter commission should be sent, I would think, as 6 soon as possible. I thought the minutes were, the draft minutes, were clear as to what was being recommended. Okay, so the second thing was Amy Self recommended that the Board request a formal opinion regarding whether the...we could propose a code revisions without the charter having to be amended first. And if you recall. Let me find the motion here in our draft minutes. Okay, yes and we actually moved to get a formal opinion from Corporation Counsel regarding whether current charter language prohibits code revisions to allow the board of ethics to impose civil fines. All members voted aye. So I don't know the status of that Mr. Yoshimoto. If you could brief us. Mr. Yoshimoto: Yeah. Thank you, Mr. Chairman. So I will be working on that formal opinion. I don't know if this came up in the past but you know my initial reading of the charter is that...there's already a penalty provision in 14-6 which authorizes the council to pass by ordinance, any such penalty it sees fits. So I think that language is broad enough. But if the Board wants us to issue a written opinion...we can do that. Mr. Goodenow: Your colleague, Ms. Self, did recommend we request a formal opinion so we did. I guess we can wait on that. I don't know, I leave it to the Board. We have two options. One, we wait for the formal opinion and then we go through these proposed code amendments that we're going to ask the county council to implement or to adopt...I mean to introduce an ordinance. Ah sorry, introduce a bill. We can do that now or we can wait and then do that at the next meeting. Or we could forego the formal opinion and based Mr. Yoshimoto's oral opinion, proceed with looking at revisions. But, I know we did vote to have a formal opinion, I kind of think we should have one. Mr. Yoshimoto: That's fine but my thought is that though...as far as the rules are concerned though...the Board is moving forward with... Mr. Goodenow: The problem with the rules was that they have to track the code. And the code...the whole set up is that the department or the agency has the chapter 91 hearing...not the board of ethics. So because of that, we really had to put the rules on hold. You were absent at the last meeting. So that's what...the conclusion was that we can't. We did do the draft...and it's not complete as far as the final two rules 8 and 9. We have to put in the penalty provision in the financial disclosure segment. But...I think the best course of action is to get a formal opinion and then at our next meeting...go through the code. That also gives members of the public or other members who wanna look at the code, to chime in on that. But this 7 is in that, my suggestions were the...all the other pages except the first page of the December 4`n communication...right this one...it just has sections of the code. And the only thing I changed was to make it compliant so that we could have chapter 91 hearings...not the department. Which was primarily what I did and that we could issue you know... We could do what we had already talked about in our idea of how we would conduct a formal hearing and the rules we would adopt. Sorry if I'm not clear...I've had the flu. But...is there any discussion or comments? Ms. Sumner-Mack: I'm afraid I'm unclear. First of all I don't remember that I voted in favor of..that. I mean basically, what you've proposed came through to me as tabling all discussion of the rules until 2020. Is that not true? Mr. Goodenow: Well we needed corp. counsel to say... If corp. counsel comes back and says...you know what...you cannot amend the code...you need to amend the charter first. That would have the practical effect of tabling everything till 2020. We don't like that idea. Mr. Wiseman: I kind of imagine the board having authority to amend the code. Mr. Goodenow: It would be a letter to the council...I'm sorry. Mr. Wiseman: Yeah. Mr. Goodenow: Requesting the chair to introduce legislation. Mr. Wiseman: Okay. Ms. Sumner-Mack: Well I thought that we were asked by these people for input. And you know it's up to them to decide whether something isn't going to fit...frt in at this point. So I was you know very disappointed that we were suggesting that we just table it again because there were things that we were changing that I didn't see or nobody had pointed it out. Things that were...were...out of order as far as the code is concerned so. Mr. Goodenow: Well. No...you're absolutely right that we have the authority to make recommendations to the council. And we were asked by the council by the ordinance in question to do this right so that's absolutely correct. But...the problem is...we can't amend the rules if they are inconsistent with the code. And the code is inconsistent with the ordinance allowing us to establish fines. And it's just as an example as we discussed at the last meeting...section 8 288 of the code, states that, the process is we have an informal hearing...then if the...person is who is complained against, right...doesn't like what the informal hearing says, not the petitioner mind you. Like Mr. Tucker. I don't know if you were here when Mr. Tucker was here. Mr. Robinson: I remember Mr. Tucker. Mr. Goodenow: Yeah...you see Mr. Tucker's big complaint was...well yeah informal hearing...I don't get to cross examine people. Well cross examination would be at a formal hearing...but under the code right here...he can't request a formal hearing. Only the aggrieved employee. Secondly...after that...even if we had a formal hearing and we cross examine witnesses and did all this...that doesn't... Then it would go to the department. And the department would have the chapter 91 hearing. If you look at section 2-88 of the code...there's a...there's two... (a) deals with the elected officials, right? And what we do...we refer it to the council. And if the council doesn't do anything, all we can do is make public...the charges...but shall make clear that the merits of the charges have never been formerly determined. That's after the formal hearing. In the case of the employee...on 2-88 (b)...it says we would draw up a complaint, okay...refer the matter to the appointing authority. The complaint must contain a statement of facts alleged to constitute the violations. Hearings shall be in accordance with chapter 91, Hawaii Revised Statutes, except that every hearing shall be private, no record shall be released. And that's all done in the department...not by us. Ms. Sumner-Mack: Well could we wait to discuss this...the individual problems until we get J's right... Mr. Goodenow: Yeah...I think we need that...I agree. Ms. Sumner-Mack: And then we...can be...and I'd be more up to speed for example and I could understand better what the issues are. But if it's just a matter of fines, we could you know...there's...if we suggest in our report...or whatever we submit. Suggest a way of handling this and they disagree with it...then they override us that's all. But we don't make the rules just by making the suggestion of having improvements to our language and some of our procedures. Mr. Goodenow: I agree. Oh sorry...did you wanna say anything, Mr. Wiseman? Mr. Wiseman: I sorta concur with that because it seems...a detailed explanation is a... There's a several variations here. You know I think we need 9 it clarified and I would...I would defer it to the corporate counsel to clarify that...the main points. Mr. Goodenow: Right. Mr. Wiseman: Cause otherwise we may be just spinning our wheels and wasting time. Mr. Goodenow: Absolutely. Mr. Wiseman: If we don't have the foundation authority so. Mr. Goodenow: Okay good. I mean I was hoping maybe we would have that opinion and then we could proceed but you know. This is a... You know if the opinion comes back, the code could be amended without charter changes then we can do all our recommendations at the next meeting. It shouldn't slow it down at all. Thank you. Mr. Wiseman: Yeah. Mr. Robinson: I'm just frustrated. I wanna get this done. You know, we've been talking about this for a long time. Ms. Sumner-Mack: Yeah. It's a lot of work. Mr. Robinson: It's a lot of work. So we can say that at the next meeting corp. counsel's gonna give us their opinion and then we can take action so like by March we could have this either amended ourselves or referred to the County Council. Mr. Goodenow: Referred to the Council, right. Mr. Robinson: So we could refer to the council...so we could commit to that and March we'll get it done. Mr. Goodenow: Well. You're looking at the wrong guy. Mr. Yoshimoto: Couple of points okay. Nothing prohibits this Board from amending its rules without having to address the fine provision. In other words, the fact... Say for example, if the fine provision is an issue...the Board can still move forward to amend its rules in the meantime...while the council or the charter you know gets amended...if it's needed. So I would you know suggest the Board just move forward with its rule amendments as noted. And you know the other stuff, meaning the code provisions and the charter provisions, I mean those are separate issues. So we can only 10 control our rules. So I would suggest that we just push forward with that. Mr. Goodenow: If I could respond to that. My only comment is...the whole structure though...is exactly what... Well I said this at the last meeting. I saw two reasons why we were amending the rules...why this came about. One was for the fines. The other was because people like Mr. Tucker felt that the process did not really give them a say...that they...they'd get...you know they'd come in here and have an informal opinion and it would just be no problem...and they had no power. So to speak. Now I agree...both of those issues though need code changes. I mean we can fix up our rules somewhat...I agree. Make...the wording better. But to address those core issues, the code has to be changed. If you come back and tell us...the code can't be changed without a charter amendment...well we're gonna have to...Mr. Tucker will have to wait two years for that. Cause it has to be ratified by the electorate. Mr. Yoshimoto: Okay well I... Mr. Goodenow: But hopefully Corp. Counsel. And J and I have talked informally. We both think...no we don't have to amend that charter to do these proposed code changes...but Amy Self felt it was best to have a formal opinion and that's where we're at. So I think we're all on the right track. We have to stay focused. We're going to get a formal opinion at the next meeting. We'll be prepared... You already have what I think are code amendments which were passed out at the last meeting or the meeting before and we can proceed with those. And our rules...that part...the tail end of it is our rules. And either we'll make minor changes or if the code stuff is sent to the council...we'd go ahead and revise our rules how we want to...that we've already agreed that we wanna do after a year of meetings going over each chapter. Yeah, Mr. Robinson. Mr. Robinson: You know one of the other things Mr. Tucker brought up in his appeal was the fact that...there was information that was not given to him until he got here. Whereas the departments that he was having his appeal about...had received all that information and had it far in advance and were able to respond to everything. Is there anything in here that we're going to change that would allow him to be given the information ahead of time? So he could come in prepared? Mr. Goodenow: What we've already kind of approved...I mean not formal approval but as we did it step by step would definitely include that. 11 Mr. Robinson: Okay. Mr. Goodenow: But if corp. counsel comes back and says...look charter has to come first. I still think we could tweak our rules a little to take care of that issue...thank you. But we'll see what corp. counsel says we really need their input at this point. Any further discussion? Seeing none so we will continue this item to the next...and that could be Ku's last meeting. Right, as Chair? Or as a member...the March meeting. So we owe it to Ku to get it done. Ms. Sumner-Mack: Don't we have...I mean it's...seemed to be...that was an inconclusive discussion that we needed some clarification or what the rules are. Cause the terms...our term limits and when we have a changing of the guard...so to speak. And when we elect a new chairperson and the guidelines for doing that. Wasn't clear to me how...how that was worked out. I thought Ku agreed to stay on until June. Mr. Goodenow: Thank you for reminding me of that because...it's not on the agenda though so we have to be careful if we have discussion about an item not on the agenda. But looking at the minutes from the last meeting, I thought we were gonna get more clarification on that. So as a reminder, that could be at the next meeting. Mr. Yoshimoto: It's already been clarified. I've done it several times. I've done it in writing but I can that at the next meeting. Mr. Goodenow: All right, thank you. Amy was here, not you so in... Mr. Wiseman: Well since you mentioned the clarification, can you give us a summation of that? Mr. Yoshimoto: Yes. Well. I don't know Mr. Chairman cause that's not on the agenda. Mr. Goodenow: It's not on the agenda. I feel...I mean we could...I think it would be... So the rule right...correct me if I'm wrong, Mr. Corp. Counsel, is that we can add an item to the agenda, as long as it's not a...what is it? Significant... Mr. Yoshimoto: Major significant. Mr. Goodenow: Importance. This to me is not a big important matter like you we're talking about someone getting...found...that there was an ethics violation...it's just our internal discussion. So I think for 12 Sunshine Law reasons, we should be okay in amending the agenda would you agree? Mr. Wiseman: I agree. Mr. Robinson: Using the last minutes? Mr. Goodenow: Yeah. Mr. Robinson: Under discussion in the minutes? Mr. Goodenow: Well I always follow my attorney's advice so I'll...I'd like to hear from Mr. Yoshimoto. Ms. Sumner-Mack: Well I would like to know the answer. So anyway...maybe I can call you. Mr. Goodenow: You can move to add to the agenda. Mr. Wiseman: I always operate under the...max under each house for example talking about legislature vicariously on board. Each house is master of its own rules...to some extent. So I would move that we can discuss it...l don't see it being...I mean it was already brought up. Mr. Yoshimoto: Right. Mr. Wiseman: You already mentioned that there's...you have an opinion on. Mr. Goodenow: Could we then have a motion to amend the agenda by adding an item. The item would be discussion of... Mr. Wiseman: Term limits. Mr. Goodenow: Yeah. What do you call? Term limits, vacancies and... Mr. Robinson: Years of service. Mr. Yoshimoto: For all Board Members. Mr. Goodenow: For all board members in general. Ms. Sumner-Mack: Or is that...is that it on materials...I have overlooked somehow? Mr. Yoshimoto: It's only mentioned in the minutes as far as the discussion item, the last time. And so you know, I would always urge extreme caution 13 in amending the agenda, cause you don't know really what's of reasonably major importance to the public. I mean to me everything is important to the public. So that's just my position for the record. If the Board decides to amend the agenda, you know you're able to do so with that understanding. I would also ask if there's any objections from the audience, because you know they were not aware of this being an agenda item and I would proceed with caution. Mr. Goodenow: Well, the floor is open, if anyone wants to make a motion. Mr. Wiseman: I'll make the motion, so moved. Ms. Sumner-Mack: I'll second it. Mr. Goodenow: Alright, it's been moved and seconded that the...an agenda item be added regarding the...what was discussed right. What's the exact term there? Vacancies, carry over and terms of members...board members in general. Okay, any further discussion? I think we need two-thirds vote, if I'm not mistaken. Okay so all those in favor please say aye. It's unanimous. We will add that item and though...we're gonna add it right now cause we're done with 7. Motion and Vote: Mr. Wiseman moved to amend the agenda and add clarification of vacancies, terms of members in general, and carry overs. Ms. Sumner-Mack seconded. All present members voted ayes. ADD-ON TO AGENDA: CLARIFICATION OF VACANCIES, TERMS OF MEMBERS IN GENERAL, AND CARRY OVERS. (10:25 a.m.) Mr. Goodenow: So the new item that's just been added. Mr. Yoshimoto, would you? Mr. Yoshimoto: Okay, Mr. Chairman. So what I have information to provide to the Board and the public is letters...appointment letters that indicate the terms of office for the respective Board Members. So the first member...the first letter I have on the file is pertaining to Mr. Goodenow. And so the letter is dated February 11, 2015. It's from the office of the Mayor and it indicates, that Mr. Goodenow will serve a term to expire on December 31, 2019. Second letter I have here is dated January 4th, 2016 from the office of the Mayor indicating Mr. Robinson will serve for a term to end on December 31, 2020. And next letter I have is dated February 4th, 2014 from the office of the Mayor and that appoints Ku Kahakalau to a term to expire on December 31, 2018. I have another letter in the file dated April 19, 2018 with respect to David Wiseman and his 14 appointment will expire on December 31. 2021. And then we also have a letter dated October 24, 2017 from the office of the Mayor, appointing Nan Sumner-Mack to a term expiring on December 31, 2022. Mr. Wiseman: With respect to these...expiration of terms...there's a code or any other provision allow a carry over until successor is appointed. Mr. Yoshimoto: Yes. So the code allows for a ninety day holdover provision if there's no...if there's not another member appointed yet to replace that member's... Mr. Wiseman: That's the maximum, ninety days? Mr. Yoshimoto: Ninety days, yes. Mr. Goodenow: You could interpret that, that if there's no appointment, it's another ninety. Mr. Yoshimoto: No. Mr. Goodenow: Alright,just joking. So March is it, is what we're saying. Mr. Yoshimoto: Yes if no one is appointed or confirmed to replace. Mr. Goodenow: Alright. Thank you. Mr. Robinson: Is there any provision that would prevent someone from serving two consecutive terms? Mr. Yoshimoto: Right. So there are provisions in the charter that address that issue in terms of...there's a waiting period...you'd have to wait to serve on the same board or commission. Nothing prevents the...a person from applying to another board or commission. But usually there's a waiting period. The caveat is...is that if you are appointed to finish a person's term and I believe it's for less than a year or two years Mr. Goodenow? If you remember that. Then you can apply for another term. I don't have the specific...date...but that's the general parameters. Mr. Goodenow: But...Ku...that wouldn't apply to Ku. She's been here for... Mr. Yoshimoto: From 2014. Mr. Goodenow: For years so. And what's the waiting period? How long would she have to wait before? 15 Ms. Sumner-Mack: I think it says two years. Mr. Yoshimoto: Yeah. I don't have that part of provision with me. I just have our... But I can look it up, it's right down there if you want me to. Mr. Goodenow: It's alright, I think that's what Ms. Self told us. Mr. Yoshimoto: Yeah it was one or two years. But I can walk over and... Ms. Sumner-Mack: No I just read it. I just read it recently, it was two years. Mr. Robinson: Really? Mr. Yoshimoto: Its two years. Mr. Goodenow: Is that for all boards and commission? Mr. Yoshimoto: It applies generally to all boards and commission. Just keep in mind though members that... Mr. Goodenow: Okay, any further discussion on term, limits, vacancies, hold over? No? Okay, we'll move on then to item 8. 8. DISCUSSION REGARDING CHANGES TO THE BOARD OF ETHICS MONTHLY MEETING SCHEDULE. (10:09 a.m.) Mr. Goodenow: I know that Ms. Sumner-Mack... Ms. Sumner-Mack: I have a query about this because my concern is that...well our rules as they stand say we're supposed to meet once a month on the second Wednesday of the month. And I don't think we've ever met on a Wednesday. Mr. Goodenow: Well I'm the problem. Ms. Sumner-Mack: So there are ways to improve this somehow and I suggested to J that at least we could... The information is not on the County website as to our date of meeting until just...until we get the minutes and the agenda at this point and so I'm just suggesting...I was proposing that we at least ask Maria or whoever does it to put the next date on as soon as we finish our meeting. Because we usually decide what the next date is...or sometimes they have to check the schedule for the rooms. So might be a day or two later but if we could put it on the County website so the public can at least get it in a timely fashion. That would be satisfactory as far as 16 I'm concerned. J had another suggestion. I don't know if he wants to bring that up or not. He suggested that we decide on all the dates for the year. Mr. Yoshimoto: Oh yes, that was the suggestion so that way that would give everyone some guidelines as far as when we'll be meeting for the rest of the year and so I think would help. Mr. Robinson: And that's why I brought my calendar. Mr. Goodenow: Oh good. Me too so I will note that I...my term expires on June 30`h for the campaign spending commission. Which is why we can't meet on the second Wednesday because that's when they meet. I have informed them that I am not requesting... For them you can get reappointed right away. They don't have any waiting period. Mr. Wiseman: Campaign Spending Commission? Mr. Goodenow: Commission, yeah. So I've told them though I am not seeking reappointment. So starting after June 30`h, we can have our meetings on the second Wednesday of every month. But it's only from now until June that, that's still an issue. If we wanna just pick some dates, we already have February 12`h chosen. Ms. Sumner-Mack: Yeah if we could just fill in the dates through June, then we'd be on schedule. That would be wonderful. That would... Mr. Wiseman: Isn't that Lincoln's birthday, February 12`h. Mr. Robinson: It is. Mr. Wiseman: Oh well they change the birthdays around. Mr. Robinson: So 10 o'clock on the 12`h. Mr. Goodenow: Ok 10 o'clock on the 12`h. And then March. If we want to do Tuesday, that would be March 12. If we want to do Monday, March 11. I'm free on either day. Mr. Yoshimoto: Board Members, before you go on. So the 12`h, the council room is being used but the 11`h would be available otherwise we go to a different week. Mr. Goodenow: March 11th. 17 Ms. Sumner-Mack: I'd vote for the 11`h. Mr. Wiseman: We're talking about February right? Ms. Sumner-Mack: We're talking March. February is the 12th. Mr. Goodenow: So March 11`h, does that work for everyone? Mr. Robinson: It works for me. Mr. Goodenow: Great. Everyone, good? Okay shall we try stick with Mondays, at least we'll be the second Monday of the month if we do. That would be April 8th. Ms. Sumner-Mack: I'll be away. Mr. Goodenow: Oh, we'll pick a new day if you're away. Ms. Sumner-Mack: Well I'm away until the 17`h or after. Have it after Easter? Mr. Goodenow: April 22? April 22nd work for everyone. Mr. Yoshimoto: It's up to the Board. We're gonna get close for the 8`h and 22"a both look okay it just depends on when the Board wants to meet. Mr. Goodenow: Well I prefer if you're gonna be gone, you'd be here so April 22"a Mr. Yoshimoto: Just understanding that the next meeting would be like about 3 weeks away. Mr. Goodenow: Yeah. Mr. Yoshimoto: So April...I'm sorry April 20? Mr. Robinson: 22"a Ms. Sumner-Mack: We can always change it...I mean if I miss a meeting it's not a big deal. Mr. Goodenow: I don't want it on April 15`h. Ms. Sumner-Mack: No. Let's have it after the tax. Mr. Goodenow: Yeah. I like April 22nd. Mr. Robinson: Actually the 15`h would be fine. 18 7 Ms. Sumner-Mack: The 15`h would be fine. Mr. Goodenow: But she'll be out of town. Mr. Robinson: Yeah. Ms. Sumner-Mack: But... Mr. Robinson: I'm kidding Nan... Ms. Sumner-Mack: But I'm not...I have to have my taxes in before I leave so...anyways you can have it whenever you want... Mr. Goodenow: You're trying to get me in trouble...well I'm filing an extension probably so...so we're...April 22...we only...we have May and June so...May 13th? �— Mr. Robinson: Yes...May 13th. Mr. Goodenow: Okay and then...June 10`h...March 11...April 22...May 13`h...June 10...those work? Mr. Robinson: Yeah. Mr. Goodenow: And then after that...we'll be on our...regular...second Wednesdays....July 10 and...we'll just go forward from there on a regular schedule... Mr. Robinson: July 10 at 10 o'clock... Mr. Goodenow: Right... Mr. Robinson: What would be... Mr. Goodenow: From then on it would be the second Wednesday of the month... Mr. Robinson: Would be... Mr. Goodenow: August 14... Mr. Robinson: August 14... Mr. Goodenow: September 11.... 19 Mr. Robinson: September 11... Mr. Goodenow: October 9... Ms. Sumner-Mack: November 13... Mr. Goodenow: November 13... Mr. Robinson: October... Mr. Goodenow: 9th Mr. Wiseman: So you're doing 9/11... Mr. Goodenow: Well I thought of that...but oh well...it's best we carry on... Mr. Robinson: So October the 9`h... Mr. Goodenow: Yes... Mr. Robinson: And then November the... Mr. Goodenow: Mr. Robinson: 13`h...and then December the.... Ms. Sumner-Mack: 11th Mr. Goodenow: 11`h...so does that sound good...of course if there's any problems...our secretary can..Jet us know or you know find an alternate location if that has to be...so I'm gonna ask then...because...not all of these dates are the second Wednesday...we have to suspend the rules...which requires a two- thirds vote...can I have a motion to suspend the rules and adopt the dates...March 11...April 22...May 13...June 10 and then the second Wednesday of the month thereafter...for the rest of the year...as our meetings dates... Mr. Wiseman: I so move. Ms. Sumner-Mack: I so move...second... Mr. Robinson: Second but you didn't say February 12... 20 Mr. Goodenow: We voted that at the last meeting. Mr. Robinson: Okay...yeah I'm good. Mr. Goodenow: Okay thank you for that...so... Ms. Sumner-Mack: So hopefully on the website it will say you know... Mr. Goodenow: Yeah... Mr. Robinson: Yeah... Ms. Sumner-Mack: Okay that would be right... Mr. Goodenow: Good work...so...it's been moved and seconded...that we suspend the rules and adopt the dates that were given...discussion...seeing none...all in favor please say aye...any opposed...motion carried four to zero. Motion and Vote: Mr. Wiseman motioned to suspend the rules and adopt the following dates: March 11, April 22, May 13 and June 10. Ms. Sumner-Mack seconded the motion. All present members voted aye. ** Moved back to item 6 of the agenda** 9. ANNOUNCEMENTS (10:09 a.m.) Mr. Goodenow: Announcements...our next meeting is scheduled for February 12 at 10:00 a.m....here at the Council Chambers...any other announcements by any of the members...seeing none...we'll move on to adjournment. 10. ADJOURNMENT (11:19 a.m.) Mr. Goodenow: May I have a motion to adjourn. Mr. Sumner-Mack: I move that we adjourn. Mr. Robinson: Second. Mr. Goodenow: It's been... Mr. Wiseman: Second. 21 Mr. Goodenow: Any discussion...I don't think motions to adjourn...there's discussion...all in favor...any opposed...motion carries four to zero...the meeting is adjourned. Respectfully submitted: Ah�Is �S 4u.i 4.4 OA 1, Maria Pagala,G re'ary ' 22