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MINUTES
ETHICS COMMISSION
CITY AND COUNTY OF HONOLULU
Date and Place: June 16, 2009
Standard Financial Plaza
Conference Room, Suite 211
Present: Lex Smith, Esq., Chair
Susan S. Heitzman, Vice Chair
Matthew H. Kobayashi
Wayne T. Hikida
Geri Marullo
Charles W. Totto, Executive Director and Legal Counsel (EDLC)
Matthew J. Viola, Ethics Commission Outside Counsel (ECOC)
Stenographer: Norm Fisher
Excused: Patricia Y. Lee, Esq.
I. CALL TO ORDER
The 423rd meeting of the Ethics Commission (Commission or EC) was called to order at 11:22 a.m. by the Vice Chair.
II. APPROVAL OF THE MINUTES OF THE OPEN SESSION OF THE
APRIL 16, 2009 AND MAY 13, 2009 MEETINGS
The minutes of the open meeting of April 16, 2009 and May 13, 2009 were unanimously approved.
III. OLD BUSINESS
A. Confirming the date and time for the July 15, 2009 meeting at 11:30 a.m. and setting the date and
time for the August, 2009 meeting
The EC rescheduled the July 15, 2009 meeting to July 14, 2009 at 11:30 a.m., and scheduled the date and time for the August, 2009 meeting for August 6, 2009 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 June 12, 2009 regarding the following agenda items:
A. Administrative news
The EDLC informed the Commission on the number of cases pending and the ethics training conducted to date in fiscal year 2009.
The Commission agreed that in response to the sudden death of Councilmember Duke Banium, the Chair will send a condolence letter to the Banium family on behalf of the Commission.
The EDLC reported that the Commission, along with the Equal Employment Office of the Department of Human Resources and the Internal Control Division of the Department of Budget and Fiscal Services, will be sponsoring a 1-day workshop. The EDLC stated that he will be one of the moderators.
V. EXECUTIVE SESSION SUMMARY
A. Approval of the minutes of the executive sessions of the April 16, 2009 and May 13, 2009 meetings
The minutes of the executive sessions of April 16, 2009 and May 13, 2009 meetings were unanimously approved.
The EDLC referred to his memorandum dated June 12, 2009 regarding the following agenda items:
B. Report and recommendation regarding a charge against a city employee alleging a violation of RCH Section 11-102(d) (receipt of outside compensation for city work) and RCH Section 11-104 (use of city position for personal benefit); EC No. 07-005(w)
At the last EC meeting Deputy Corporation Counsel Geoff Kam presented the Commission with a draft advisory opinion in this matter for the Commission's review and approval. Upon reviewing the draft advisory opinion, the Commission moved, seconded, and unanimously carried to accept the advisory opinion as written.
C. Resolution to authorize subpoenas for witnesses to testify and/or produce records related to possible violations of RCH Section 11-104 (misuse of city resources), RCH Section 11-102(c) (financial or business conflicts of interest) and/or ROH Section 3-8.4 (failure to file complete financial disclosure statements) by a city officer, EC No. 09-042(o)
The EDLC presented the Commission with a draft resolution to authorize subpoenas. The EDLC stated that staff requests that the Commission review and approve the attached draft resolution based upon the facts and issues described in the resolution. The EDLC stated that the resolution will allow the staff to conduct a thorough investigation and, thereby, present a complete report evaluating the allegations to the Commission.
Upon reviewing the draft resolution, the Commission moved, seconded, and unanimously carried that the resolution be rewritten to note that the information sought by the subpoenas is relevant to the possible violations and that the information has not been provided voluntarily, and instructed staff to issue the resolution as rewritten.
D. Annual job performance review for the Executive Director/Legal Counsel
The Commissioners stated that they are still discussing the matter, and will provide the EDLC's annual job performance review at the next meeting.
VI. ADJOURNMENT
The EC moved, seconded, and unanimously carried to adjourn the meeting. The meeting was adjourned at 12:45 p.m.
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