MINUTES

ETHICS COMMISSION

CITY AND COUNTY OF HONOLULU

Date and Place:            February 22, 2007

                                    Standard Financial Plaza

                                    Conference Room, Suite 211

Present:                        Lex Smith, Chair

Raymond H. Fujii, Vice Chair

                                    Susan S. Heitzman

                                    Wayne T. Hikida

                                    Cynthia M. Bond

                                    Charles W. Totto, Executive Director and Legal Counsel (EDLC)
Stenographer:               Norm Fisher

I.          CALL TO ORDER

             The 403^rd  meeting of the Ethics Commission (Commission or EC) was called to order at 11:36 p.m. by the Chair.

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

January 10, 2007 MEETING

            The minutes of the open meeting of January 10, 2007 were unanimously approved as corrected.

III.       OLD BUSINESS

A.        Confirming the date and time of the March 20, 2007 meeting and setting the date and time for the April, 2007 meeting

            The EC rescheduled the date for the March 20, 2007 meeting to March 14, 2007 at 11:30 a.m. and set the date and time for the April, 2007 meeting for April 25, 2007 at 11:30 a.m. in the Standard Financial Plaza Conference Room, Suite 211. 

IV.       NEW BUSINESS

           A.        Administrative news

           The Executive Director and Legal Counsel (EDLC) referred to his memorandum dated February 16, 2007 outlining the cases pending and the ethics training conducted to date in fiscal year 2007.  

B.                 Report regarding the Commission’s FY08 budget proposal

The EDLC directed the Commission’s attention to a copy of the current budget that will be presented to the City Council. The EDLC stated that the Commission’s budget briefing with the City Council is scheduled for March 15, 2007.

C.                 Report regarding Senate Bill No. 755

The EDLC reported that SB 755 would require that county ethics commissioners be selected on the basis of integrity, impartiality, and independence, as reflected by, among other things, the background and experiences of the person and the absence of potential conflicts of interest.  The EDLC stated that although being very broad, this would be the first specific qualification set out for the selection of Commission members.  As yet, COR has not taken a position on the current bill.

D.       Report regarding a proposed bill to give the circuit courts jurisdiction over impeachment of county officers

The EDLC reported the house passed House Bill No. 660 unamended.

E.        Elections of officers

The EC decided to defer this topic until the next meeting.

V.        EXECUTIVE SESSION SUMMARY

                  A.        Approval of the minutes of the executive session of the January 10, 2007 meeting

The minutes of the executive session of January 10, 2007 were approved as corrected.

B.         Report regarding a proposed ordinance to establish the process by which the Commission may impose civil fines on elected officers who violate the ethics laws

The EDLC reported that he and COR have finalized their review of the bill. At this time they will not recommend that the Civil Service Commission members be the members of the appeals agency.  The EDLC stated that he plans to submit the bill to the Council soon after the February meeting.

C.        Report and recommendation regarding possible violations of RCH Sec. 11-104 (use of city position for benefit of an outside employer) and RCH Sec. 11-103 (failure to file a written disclosure of conflict of interest) by a city officer, EC No. 06-020(w)

             This matter was deferred until the next meeting as the EDLC asked that he be given more time to do research regarding past precedence.

VI.       ADJOURNMENT

            The EC moved, seconded, and unanimously carried to adjourn the meeting.  The meeting was adjourned at 12:18 p.m.