MINUTES

ETHICS COMMISSION

CITY AND COUNTY OF HONOLULU

Date and Place:            July 8, 2008

                                    Standard Financial Plaza

                                    Conference Room, Suite 211

Present:                        Lex Smith, Chair

                                    Susan S. Heitzman, Vice Chair

                                    Matthew H. Kobayashi

                                    Wayne T. Hikida

                                    Patricia Y. Lee

                                    Charles W. Totto, Executive Director and Legal Counsel (EDLC)

                                    Matthew J. Viola (Outside Counsel)

Stenographer:               Norm Fisher

Excused:                       Cynthia M. Bond

I.          CALL TO ORDER

           The 415^th meeting of the Ethics Commission (Commission or EC) was called to order at 11:37 a.m. by the Chair.

II.                 APPROVAL OF THE MINUTES OF THE OPEN SESSION OF THE

JUNE 12, 2008 MEETING

The minutes of the open meeting of June 12, 2008 were unanimously approved.

III.       OLD BUSINESS

A.        Confirming the date and time for the August 14, 2008 meeting and setting the date and time for the September, 2008 meeting

            The EC cancelled the August 14, 2008 meeting, and scheduled the date and time for the September, 2008 meeting for September 9, 2008 at 11:30 a.m. in the Standard Financial Plaza Conference Room, Suite 211.
 

IV.       NEW BUSINESS

            The Executive Director and Legal Counsel (EDLC) referred to his memorandum dated July 3, 2008 regarding the following agenda items:

            A.        Administrative news

            The EDLC outlined the number of cases pending and the ethics training conducted to date in fiscal year 2008.

            The EDLC reported that Commissioner Bond intends to resign from the Ethics Commission due to medical reasons.

B.         Report on Resolution 08-135, to conform the city Charter to Act 107 conferring jurisdiction on the circuit courts to try impeachment cases of county officers, and Resolution 07-384, CD1, to allow the Ethics Commission to impose civil fines on certain city officers and employees

The EDLC stated that both resolutions were passed by the Executive Matters Committee. 

            C.        2008 COGEL Conference

            The EDLC will be the only member of the Ethics Commission who will be attending the 2008 COGEL Conference

V.        EXECUTIVE SESSION SUMMARY

           A.        Approval of the minutes of the executive session of the June 12, 2008 meeting

           The minutes of the executive meeting of June 12, 2008 were unanimously approved.

           The EDLC referred to his confidential memorandum to the EC members dated July 3, 2008. 

B.         Report regarding a complaint against a Commission staff member

The Commission will invite the Complainant to the 9/9/08 EC meeting.  Chair Smith will contact the Complainant.

C.        Report and recommendation regarding possible violation of RCH Sec. 11-104 (misuse of city position) by a city employee, EC No. 07-163(w)

            This matter was investigated by Matt Viola and the Commission requested a proposed letter to the Department of the Prosecuting Attorney, who originally submitted the complaint against the city employee.  After reviewing the draft letter proposed by staff, the EC moved, seconded and unanimously carried to accept the proposed letter as drafted, and instructed staff to send the letter to the Department of the Prosecuting Attorney.

VI.       ADJOURNMENT

           The EC moved, seconded, and unanimously carried to adjourn the meeting.  The meeting was adjourned at 11:55 p.m.