Neighborhood Commission

SPECIAL MEETING MINUTES – DRAFT

MONDAY, JULY 30, 2012   

MAYOR’S CONFERENCE ROOM

HONOLULU HALE, ROOM 301

530 SOUTH KING STREET

CALL TO ORDER: Chair Sylvia Young called the Neighborhood Commission (NC) special meeting to order at 7:00 p.m. with a quorum of eight (8) Commissioners present. Note – This is a nine (9) member Commission and requires five (5) members to establish quorum and take official Commission action.

Commission Members Present – Bob Finley, Ed Gall, Loryn Guiffre, Wilson Kekoa Ho, Jeanette Nekota, Kathleen Pahinui, Bob Stubbs, Claire Tamamoto (arrived at 7:10 p.m.), and Sylvia Young.

Commission Member Absent – None.

Guests – Charles Zahn (Member, Makakilo/Kapolei/Honokai Hale Neighborhood Board No. 34); Ariel De Jesus (Member, Ewa Neighborhood Board No. 23); Kamilla Chan (Deputy, City Corporation Counsel); J. Thomas Heinrich (Executive Secretary); Bryan Mick, Marie Richardson, Leland Ribac and Theona Kapoi (Neighborhood Commission Office). *All board members are speaking in their individual capacity and not as a representative of the Board unless otherwise indicated.* 

ROLL CALL OF COMMISSIONERS: A roll call of members established a quorum of eight (8) Commissioners present.

STATUS OF PENDING COMPLAINTS UPDATE: ES Heinrich commented that four people have responded to the request to withdraw their complaint. The NCO has also received a returned letter from the last known address on one complaintant.

Questions, comments, and concerns followed:

1.       No Response – ES Heinrich noted that a “no response” to the withdraw request will be brought before the NC as the complainant not wanting to proceed with the complaint.

2.       Appreciation – Commissioner Pahinui expressed appreciation to ES Heinrich and his staff for moving the complaints forward and taking affirmative action.

RECOMMENDATION TO INITIATE SANCTIONS AGAINST THE EWA NEIGHBORHOOD BOARD AND/OR ITS MEMBERS: ES Heinrich distributed the written recommendations to the NC and noted that the two complaints are independent from one another. The first complaint is against the Ewa Neighborhood Board (NB) No. 23 as a whole. The second complaint incorporates the first complaint by reference and is against Ewa NB Member Steve Knauer.

Pahinui moved, Finley seconded that the Neighborhood Commission accept the written recommendation pursuant to Section 2-18-101(a)(1) of the Neighborhood Plan that the Commission initiate a hearing to consider the imposition of sanctions against the Ewa Neighborhood Board No. 23 for numerous violations of the Neighborhood Plan, Sunshine Law, and Parliamentary Procedure.  Discussion followed:

·         Commissioner Gall requested clarification of the motion which was restated by Pahinui.

Commissioner Tamamoto arrived at 7:10 p.m.; Quorum of nine (9) Commissioners present.

·         ES Heinrich commented that the written recommendation contains 10 separate incidents that Mick had assisted with putting together from July 2011 to present. This format gives an easier basis for all Board Members to respond.

·         Commissioner Pahinui thanked ES Heinrich for the detailed recommendation and noted that the way that it is written, it makes sense.  

The motion was UNANIMOUSLY ADOPTED, 9-0-0 (Aye: Finley, Gall, Guiffre, Ho, Nekota, Pahinui, Stubbs, Tamamoto, and Young; No: None; Abstain: None).

·         Commissioner Pahinui asked what is the process from here. Chair Young indicated that the NC will have to follow the process of giving the respondents 45 calendar days to respond to the complaint filed against them which gives them until September 2012 to respond.

·         ES Heinrich stated that the NCO will have 10 calendar days to get the complaint in the mail to the respondents to all the Ewa Neighborhood Board Members. ES Heinrich noted that if the second recommendation against Ewa Board Member Steve Knauer is accepted, the all the Ewa Board members will be copied on that complaint as well to make sure all members are equally informed.

·         ES Heinrich noted that even if all the Board members were not directly involved with the complaint, the complaint is filed against the entire Ewa NB. The NC does not have jurisdiction over past members. All members will have the opportunity to address the Commission.

Tamamoto moved, Pahinui seconded that the Neighborhood Commission accept the written recommendation pursuant to Section 2-18-101(a)(1) of the Neighborhood Plan that the Commission initiate a hearing to consider the imposition of sanctions against Ewa Neighborhood Board No. 23 Member Steve Knauer for numerous violations of the Neighborhood Plan, Sunshine Law, and Parliamentary Procedure.  Discussion Followed:

• Commissioner Tamamoto requested to know the process if the complaint is passed. She recommended that it be outlined to the Board members or the individual as to what the process is.
• ES Heinrich noted that the letter respondents receive informing them of their complaint identifies the deadline of when their written response should be received by the NCO.  
• Commissioner Tamamoto requested clarification of a complaint being directed to the Board, if the Board has to take action on a response.
• ES Heinrich noted that the Board may choose to respond all together but as the Neighborhood Plan currently reads, Board Members my respond individually and there for no Board action is needed.

Finley moved, Stubbs seconded that the Neighborhood Commission move into Executive Session pursuant to Hawaii Revised Statutes Sections 92-4 & 92-5(a)(4) for the purpose of consulting with the Neighborhood Commission’s legal counsel on questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities in relation to the complaint process and Chapter 18 of the Neighborhood Plan. The motion was UNANIMOUSLY ADOPTED, 9-0-0 (Aye: Finley, Gall, Guiffre, Ho, Nekota, Pahinui, Stubbs, Tamamoto, and Young; No: None; Abstain: None).

The Commission moved into Executive Session at 7:22 p.m.

Chair Young reconvened the meeting at 7:52 p.m.

After further discussion with legal counsel, Commissioners Tamamoto and Pahinui withdrew the motion to accept the written recommendation distributed by ES Heinrich.

Finley moved to amend the motion that the Neighborhood Commission accept the written recommendation pursuant to Section 2-18-101(a)(1) of the Neighborhood Plan that the Commission initiate a hearing to consider the imposition of sanctions against the Ewa Neighborhood Board No. 23 for numerous violations of the Neighborhood Plan, Sunshine Law, and Parliamentary Procedure by removing  reference to Sunshine Law and Parliamentary Procedure. 

Commissioner Pahinui called a point of order and noted that the Commission should rescind the original motion that the Neighborhood Commission accept the written recommendation pursuant to Section 2-18-101(a)(1) of the Neighborhood Plan that the Commission initiate a hearing to consider the imposition of sanctions against the Ewa Neighborhood Board No. 23 for numerous violations of the Neighborhood Plan, Sunshine Law, and Parliamentary Procedure. 

Finley moved, Pahinui seconded that the Commission rescind the original motion for the Neighborhood Commission accept the written recommendation pursuant to Section 2-18-101(a)(1) of the Neighborhood Plan that the Commission initiate a hearing to consider the imposition of sanctions against the Ewa Neighborhood Board No. 23 for numerous violations of the Neighborhood Plan, Sunshine Law, and Parliamentary Procedure. The motion was UNANIMOUSLY ADOPTED, 9-0-0 (Aye: Finley, Gall, Guiffre, Ho, Nekota, Pahinui, Stubbs, Tamamoto, and Young; No: None; Abstain: None).

Finley moved to amend the motion that the Neighborhood Commission accept the written recommendation pursuant to Section 2-18-101(a)(1) of the Neighborhood Plan that the Commission initiate a hearing to consider the imposition of sanctions against the Ewa Neighborhood Board No. 23 for numerous violations of the Neighborhood Plan, Sunshine Law, and Parliamentary Procedure by removing  reference to Sunshine Law and Parliamentary Procedure. 

Pahinui requested to amend the motion to also remove the reference to HRS 97.

The motion was not seconded.

Tamamoto moved, Pahinui seconded that the Commission accept the written recommendation pursuant to Section 2-18-101(a)(1) of the Neighborhood Plan that the Commission initiate a hearing to consider the imposition of sanctions against the Ewa Neighborhood Board No. 23 for numerous alleged violations of the Neighborhood Plan and striking reference to Sunshine Law and Parliamentary Procedure. Discussion followed:

·         Commissioner Pahinui noted Section 2-11-319 of the Neighborhood Plan required boards to follow parliamentary procedure and that it should be left in the motion.

·         Commissioner Tamamoto suggested parliamentary procedure be removed from the motion because the NC does not have the enforcing authority over correct use of parliamentary procedure.

·         Commissioner Tamamoto wanted to note that the motion also includes the term “alleged” before the word violations.

·         De Jesus requested that the NC give the Ewa NB another chance with proper training. The Board needs to learn how to handle elected officials that grand stand during the meeting. He is requesting that the NC be open minded as the Board just incurred three vacancies and there may be additions to board with previously serving board members returning.

·         Chair Young noted that the motion is for the NC to accept the written recommendation by ES Heinrich. The board members will be able to take further comments at the hearing when in comes up.

The motion was UNANIMOUSLY ADOPTED, 9-0-0 (Aye: Finley, Gall, Guiffre, Ho, Nekota, Pahinui, Stubbs, Tamamoto, and Young; No: None; Abstain: None).

Commissioner Finley thanked ES Heinrich and his staff for putting the complaint together. Chair Young said the complaint against board member Steve Knauer would be deferred for the time being.

ANNOUNCEMENTS:

Next Neighborhood Commission Meeting – The Neighborhood Commission’s next regular meeting is scheduled for Monday, August 27, 2012 at 7:00 p.m. at the City Council Committee Meeting Room, Honolulu Hale, Room 205, 530 South King Street. The Commission’s regular meetings are scheduled for the fourth Monday of each month, unless otherwise noticed.

Public Hearing Reminder – Posted on the Neighborhood Commission website http://www1.honolulu.gov/nco is the notice of the two public hearings concerning the proposed amendments to the Neighborhood Plan, both to be conducted on Saturday, August 25, 2012 from 10:00 to 11:00 a.m. concurrently at Kapolei Hale Conference Room A and Mission Memorial Annex, Second Floor Atrium. For more information, call the Neighborhood Commission Office at 768-3710.

ADJOURNMENT: The meeting was adjourned at 8:05 p.m.

Submitted by Theona Kapoi, Neighborhood Commission Office

Reviewed by Bryan Mick, Neighborhood Commission Office