ETHICS COMMISSION CITY AND COUNTY OFOF HONOLULUHONOLULU 715 SOUTHSOUTH KING STREET,STREET, SUITESUITE211, 211, HONOLULU, HAWAIIHAWAII96813-3091 96813-3091 Phone: (808)(808) 768~7786768-7786 •. Fax:Fax; (808)(808) 768-7768768-7768 EMAIL: [email protected] ethics®honolulu.gov Internet: www.honoltilu.goviethicswww.honotutu.gov/ethics KIRK CALDWELL CHARLES W.W. TOrFOTOTTO MAYOR EXECUTIVE DIRECTOR ftEt LEGAL COUNSELCOUNSEL 0 C-, AGENDA Honolulu Ethics Commission ~flc; ~ January 20,20, 20162016— —11:3011:30 pm — “‘-<n Standard Financial Plaza Conference Room, Suite 211 ~—0 —Jo 715 South King Street 715 South King Street C) Honolulu, Hawaii 96813 Honolulu, Hawaii 96813 oC:1 Cr THE PUBLIC IS ENCOURAGED TO SUBMIT WRITTEN TESTIMONY AND/OR SPEAK ON ANY AGENDA ITEM BELOW. SPEAKER REGJSTRATIONREGISTRATION • Prior to the Day of the Meeting: PersonsPersons wishingwishing toto testifytestify areare requestedrequested toto registerregister their name, phone number and agenda subject matter via email at [email protected]~honolulu.gov;; or calling 768-7787 or 768-7791. • On the Day of the Meeting: PersonsPersons whowho havehave notnot registeredregistered toto testifytestify byby thethe timetime the Commission meeting begins will be given the opportunity to speak on an item following the oral testimonies of the registered speakers. •. Each speaker is limited to three minute presentations on each item. WRITTEN TESTIMONY • Prior to the Day of the Meeting: TestimonyTestimony maymay bebe emailedemailed toto [email protected]~honoIulu.gov or faxed to 768-7768. • On the Day of the Meeting: 1010 copiescopies areare requestedrequested ifif writtenwritten testimonytestimony isis submittedsubmitted on-site. ORDER OF BUSINESS I. CALL TO ORDER II. NEW BUSINESS A. For Action: MotionMotion toto ApproveApprove thethe OpenOpen SessionSession MinutesMinutes ofof thethe DecemberDecember 16,16, 2015 Meeting. B. Nomination andand VoteVote forfor ChairChair andand Vice Chair for Calendar Year 2016. C. Executive Director and Legal Counsel'sCounsel’s Administrative Report. 1.1. Reports from StaffStaff Members. 2. General Statistics: ComplaintsComplaints andand RequestsRequests forfor AdviceAdvice asas ofof the endend of last month. 3. Additional Workload Statistics.Statistics. 4. Current Fiscal Year Issues. 5. Fiscal Year 2017 Budget. 6. Ethics Training Program. 7. Minutes ofof thethe FebruaryFebruary through June 2015 Commission Meetings. 8. Sunshine Law Training for Commission Members. 9. Report on the Ethics Commission'sCommission’s ProposedProposed CharterCharter Amendment Before thethe CharterCharter Commission,Commission, andand OtherOther Proposals Affecting the Ethics Laws. 10.10. Annual Reports. 11.11. Gift Guide Newsletter. 12.12. Staffs PrioritiesPriorities forfor FY16FY16 —— FY17. D. For Discussion: PotentialPotential AmendmentsAmendments toto Commission'sCommission’s RulesRules ofof Procedure,Procedure, Includingificluding Contested CaseCase Pre-HearingPre-Hearing and Hearing Procedures. E. For Discussion: PotentialPotential ChangesChanges toto thethe Commission'sCommission’s GuidelinesGuidelines onon Gifts.Gifts. III. EXECUTIVE SESSION (The(The followingfollowing agendaagenda itemsitems willwill bebe reviewedreviewed inin executiveexecutive session pursuant to SectionSection 92-5(a)(2),92-5(a)(2), HawaiiHawaii RevisedRevised StatutesStatutes (FIRS),(HRS), to considerconsider the hire, evaluation, dismissal, oror disciplinediscipline ofof anan officerofficer oror employeeemployee oror ofof chargescharges broughtbrought against the officer or employee,employee, wherewhere considerationconsideration ofof the matters affectingaffecting privacyprivacy will be involved; HRS Section 92-5(a)(4), to consult with the Commission’sCommission's attorneyattorney on 2 questions and issues pertaining to the Commission'sCommission’s powers, duties, privileges, immunities and liabilities; oror HRS SectionSection 92-5(a)(8)92-5(a)(8) to deliberate oror makemake aa decision upon a matter that requires considerationconsideration ofof informationinformation that must be keptkept confidentialconfidential pursuant to state or federal lawlaw or court order.) A. For Action: PursuantPursuant toto HRSHRS Sec.Sec. 92-5(a)(2)92-5(a)(2) (a)(4)(a)(4) andand (a)(8),(a)(8), Motion to Approve thethe Minutes ofof thethe ExecutiveExecutive SessionSession of the December 21, 2015 Meeting. B. For Discussion: PursuantPursuant toto HRSHRS Sec.Sec. 92-5(a)(2)92-5(a)(2) (a)(4)(a)(4) andand (a)(8),(a)(8), RegardingRegarding the Hire, Evaluation, Dismissal,Dismissal, oror DisciplineDiscipline ofof anan OfficerOfficer oror EmployeeEmployee toto Consider the Independent Investigator'sInvestigator’s ReportReport ofof CommissionCommission OfficeOffice Conditions,Conditions, IncludingIncluding Management, Personnel and Procedures. C. For Discussion: PursuantPursuant toto HRSHRS Sec.Sec. 92-5(a)(2)92-5(a)(2) (a)(4)(a)(4) andand (a)(8),(a)(8), ProcessingProcessing Ethics Complaints Against Certain City Agency Personnel. D. For Action: PursuantPursuant toto HRSHRS Sec.Sec. 92-5(a)(2)92-5(a)(2) (a)(4)(a)(4) andand (a)(8),(a)(8), RequestRequest toto Permit Staff to Communicate with aa Non-Staff Person Regarding CertainCertain Ethics Matters. IV. ADJOURNMENTADJOURNMENT 3 ETHICS COMMISSION C I T Y A N D C O U N T Y O F H O N O L U L U 715 SOUTH KING STREET, SUITE 211, HONOLULU, HAWAII 96813-3091 Phone: (808) 768-7786 ∙ Fax: (808) 768-7768 ∙ EMAIL: [email protected] Internet: www.honolulu.gov/ethics KIRK CALDWELL CHARLES W. TOTTO MAYOR EXECUTIVE DIRECTOR & LEGAL COUNSEL ETHICS COMMISSION CITY AND COUNTY OF HONOLULU Date and Place: January 20, 2016 Standard Financial Plaza Conference Room, Suite 211 Present: Hon. Victoria Marks (ret), Chair Michael Lilly, Esq., Vice Chair Stephen Silva, Commissioner Stanford Yuen, P.E., Commissioner Hon. Riki Amano (ret.), Commissioner Hon. Allene Suemori (ret), Commissioner Charles W. Totto, Executive Director and Legal Counsel (EDLC) William Shanafelt, Investigator III Geoffrey Kam, Deputy Corporation Counsel, Department of the Corporation Counsel (COR) Gordon Pang, Star-Advertiser Absent: Laurie A. Wong, Associate Legal Counsel (ALC) Stenographer: Lisa P. Parker, Legal Clerk III Kristine Bigornia, Legal Clerk I MINUTES OF THE JANUARY 20, 2016 OPEN SESSION MEETING I. CALL TO ORDER The Ethics Commission members had received a copy of the Open Session Memorandum from the EDLC, dated January 15, 2016. Vice Chair Lilly called to order at 11:34 a.m. II. NEW BUSINESS A. For Action: Motion to Approve the Open Session Minutes of the December 16, 2015 Meeting. Commissioner Amano moved to approve the minutes of the December 16, 2015 meeting. Commissioner Silva seconded. All in favor, and the motion carried. B. Nomination and Vote for Chair and Vice Chair for Calendar Year 2016. Vice Chair Lilly announced he is a holdover member until further notice. Commissioner Yuen asked the EDLC if there was a policy to wait on elections until new appointed members come aboard. The EDLC answered that the Ethics Commission Rules of Procedure required that every calendar year, the Commission nominates and votes for a new Chair and Vice Chair. The Commission can either postpone or vote today. The EDLC informed the Commission that there were no updates regarding new appointments of members from the Mayor’s office. Commissioner Yuen commented he would like to keep it as is until the new appointed members come aboard. Commissioner Amano commented she would like to have the elections today because the Commission needs full leadership. Commissioner Yuen stated that the leadership can continue its current status. Commissioner Amano argued the Commission has only one person, who is Vice Chair Lilly taking the role as Chair as well. With their busy schedules, both former Chair Chen and Vice Chair Lilly coordinated and prioritized what needed to be done. For the future, Vice Chair Lilly stated that the Chair needs to be responsible for everything. Commissioner Amano agreed in general, but the Commission’s responsibilities go beyond the normal at this time. She continued the Commission needs two people with great communication skills. Commissioner Silva asked to proceed with the elections. The EDLC stated the floor was open to nominations. Commissioner Silva nominated Vice Chair Lilly as Chair and Commissioner Amano as Vice Chair. Commissioner Amano nominated Commissioner Marks as Chair and Vice Chair Lilly to continue as Vice Chair until further update on the new appointees. The EDLC asked if there any more nominations. The Commission had none. The EDLC announced the nominations: 1.20.16 Open Session Minutes Page 2 Vice Chair Lilly and Commissioner Marks as Chair Vice Chair Lilly and Commissioner Amano as Vice Chair The Commission confirmed. The EDLC opened the floor to voting: For Chair: Vice Chair Lilly: Two (2) votes; Commissioners Silva and Yuen Commissioners Marks: Four (4) votes; Commissioners Marks, Suemori, Amano, and Lilly For Vice Chair: Vice Chair Lilly: Four (4) votes; Commissioners Marks, Suemori, Amano, and Yuen Commissioner Amano: Two (2) votes; Vice Chair Lilly and Commissioner Silva The Commission confirmed Commissioner Marks as Chair and Vice Chair Lilly to continue in his position. C. Executive Director and Legal Counsel’s Administrative Report. 1. Reports from Staff Members. Chair Marks asked the Commission if they had a chance to read the Open Session Memo, and the Commission confirmed. Chair Marks asked the Commission if they had any questions to the staff. Chair