Loading...
HomeMy WebLinkAboutBOE_2019_1220_Notice_Agenda-PacketAn Equal Opportunity Employer Dean Toyofuku Members: Chair Ryan de la Pena Maureen Tabura Mia Shiraishi Mary Tudela Vice Chair Susan Burriss Secretary COUNTY OF KAUA'I BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, December 20, 2019 1:00 p.m. or shortly thereafter Mo‘ikeha Building, Liquor Conference Room 3 4444 Rice Street, Līhu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Open Session Minutes of November 15, 2019 COMMUNICATION None REQUEST FOR AN ADVISORY OPINION None BUSINESS BOE 2018-17 Discussion and possible action by the Board of Ethics to provide explicit recommendation(s) on how to improve the existing countywide disclosure requirement and to discuss and propose a fine schedule for non-compliance. Review and discuss HRS section 46-1.5(24), County of Honolulu Chapter 6 Ethics Board Sec. 3-8.5, Chapter 14 Ethics Board of Appeals. BOE 2019-22 Discussion and possible action by the Board to provide notice to County employees regarding ethics requirements for former employees. BOE 2019-33 Discussion and possible action by the Board of Ethics to provide ethics training for County employees. Board of Ethics – December 20, 2019 2 | Page BOE 2019-29 Discussion, review and possible action by the Board of Ethics on proposed language to Amend Charter Section 20.04 A. Disclosure to submit to Charter Review Commission for review. BOE 2019-30 Discussion and decision-making on establishing a Permitted Interaction Group (PIG). The purpose of establishing a PIG would be to establishing an ordinance to require annual gift disclosures and that the Board will define the scope of the PIG and each individual’s authority to establish an ordinance requiring annual gift disclosures . BOE 2019-31 Discussion, review and possible action by the Board of Ethics on draft of proposed language to amend Charter 20.05.D.2 and delete “an opinion within 45 days is deemed a finding of no breach of the Code of Ethics.” BOE 2019-32 Discussion, review and possible action by the Board of Ethics to approve the revised Disclosure Form which does not require a notary, added a sworn statement under penalty of perjury, and added a date to the signature line. DISCLOSURES Volunteer 1. Katherine Lewi Otsuji-Board of Review EXECUTIVE SESSION Pursuant to Hawai’i Revised Statutes §92-4, §92-5 (a) (2) and (4), §92-6 (a) (b), the purpose of this Executive Session is to consult with the Board’s legal counsel on issues pertaining to Resolution 2019-1 to consider the evaluation, dismissal or discipline of an employee or officer of the County in which charges have been alleged against an employee or officer where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held;, the Board’s and the County’s powers, duties, privileges, immunities, and /or liabilities as they may relate to this item, deliberate and take such action as appropriate. ES-009 Executive Session Minutes of November 15, 2019 ES-007: BOE 2019-24 Review of Resolution 2019-1 for initiating an investigation under Rule 6.2 into an allegation that an employee or officer of the County has breached the Code of Ethics as set forth in the Kaua'i County Charter section 20.02 A and E, the Kaua'i County Code 1987, as amended by June 2019 Code Supplement, Article 1, Section 3-1.4 and 3-1.6. Board of Ethics – December 20, 2019 3 | Page No officer or employee of the county shall: a. Solicit, accept, or receive, directly or indirectly, any gift, whether in the form of money, service, loan, travel, entertainment, hospitality, thing, or promise, or in any other form, under circumstances in which it can reasonably be inferred that the gift is intended to influence the officer or employee in the performance of the officer or employee’s official duties or is intended as a reward for any official action on the officer or employee’s part. b. Use county property for other than public activity or purpose. RETURN TO OPEN SESSION Ratify on Board actions taken in Executive Session. ANNOUNCEMENTS Next Meeting: Friday, January 17, 2020 – 1:00 p.m., Mo‘ikeha Building, Liquor Conference Room 3 ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes §92-7(a), the Board may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to HRS §92-4 and shall be limited to those items described in HRS §92-5(a). Discussions held in Executive Session are closed to the public. cc: Office of the County Attorney PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24 hours prior to the meeting indicating: 1. Your name and if applicable, your position/title and organization you are representing; 2. The agenda item that you are providing comments on; and 3. Whether you will be testifying in person or submitting written comments only. 4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide 10 copies of your written testimony at the meeting clearly indicating the name of the testifier; and Board of Ethics – December 20, 2019 4 | Page While every effort will be made to copy, organize and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The length of time allocated to persons wishing to present verbal testimony may be limited at the discretion of the chairperson or presiding member. Send written testimony to: Board of Ethics Office of Boards & Commissions 4444 Rice Street, Suite 150 Līhu‘e, HI 96766 Phone: (808) 241-4917 Fax: (808) 241-5127 SPECIAL ASSISTANCE IF YOU NEED AN AUXILIARY AID/SERVICE, OTHER ACCOMODATION DUE TO A DISABILITY, OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS, PLEASE CONTACT THE OFFICE OF BOARDS & COMMISSIONS AT (808) 241-4917 OR ASEGRETI@KAUAI.GOV AS SOON AS POSSIBLE. REQUESTS MADE AS EARLY AS POSSIBLE WILL ALLOW ADEQUATE TIME TO FULFILL YOUR REQUEST. UPON REQUEST, THIS NOTICE IS AVAILABLE IN ALTERNATE FORMATS SUCH AS LARGE PRINT, BRAILLE, OR ELECTRONIC COPY. COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Commission: BOARD OF ETHICS Meeting Date November 15, 2019 Location Mo‘ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:05 p.m. End of Meeting: 3:28 p.m. Present Chair Dean Toyofuku, Vice Chair Mia Shiraishi, Secretary Susan Burriss. Members: Ryan de la Pena, Maureen Tabura, Mary Tudela Also: Deputy County Attorney Todd Jenson. Boards & Commissions Office Staff: Administrator Ellen Ching and Administrative Specialist Anela Segreti. Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Toyofuku called the meeting to order at 1:05 p.m. with six members present which constituted a quorum. Approval of Minutes Open Session Minutes of October 18, 2019 Mr. de la Pena moved to approve the minutes of October 18, 2019 as circulated. Ms. Burriss seconded. Motion carried 6:0. Communication None Board of Ethics Open Session November 15, 2019 Page 2 SUBJECT DISCUSSION ACTION Request for Advisory Opinion RAO 2019-07 Request for an Advisory Opinion from Julie Simonton dated October 10, 2019 relating to a possible conflict of ethics to her nomination for appointment to the Board of Water. Request Withdrawn by requester. Business BOE 2018-17 Discussion and possible action by the Board of Ethics to provide explicit recommendation(s) on how to improve the existing countywide disclosure requirement and to discuss and propose a fine schedule for non-compliance. Review and discuss HRS section 46-1.5(24), County of Honlulu Chapter 6 Ehics Board Sec. 3-8.5, Chapter 14 Ethics Board of Appeals. Ellen Ching, Administrator, explained that the Board received a brief with recommendations from former Deputy County Attorney. Chair and Vice Chair attended the State Ethics Conference and realized that the Board needed to comply with State law. Requested that current Deputy County Attorney look at the brief along with the information from the State Conference. Todd Jenson, Deputy County Attorney, shared materials (on file) on different fine schedules collected from the different counties. Chair Toyofuku stated that greatest question was regarding an Ethics Board of Appeals to be in compliance with HRS. What would be required, how would Board handle appeals. Ms. Ching recommended the Contested Case Hearing process similar to the Planning Commission as an appeal process. Chair Toyofuku asked to clafiry that if a fine schedule is imposed or enforce what is currently in the rules and regulations in areas that a fine could be imposed according to the HRS there would be a violation if an appeal process is not provided for. Mr. Jenson discussed that currently the current Board of Ethics Rules & Regulations has a limited procedure for what looks like an appeal. For a contested case under Rule 8.4 it sets forth a hearing format and after a decision is made, they can make a request for reconsideration. So there is a due process, but it is heard by the same body. The County Board of Ethics Open Session November 15, 2019 Page 3 SUBJECT DISCUSSION ACTION Code does set forth some penalties and specifically the Board of Ethics ability to assess administrative penalties. In subsection 3, it limits to $1000, between $1-$1000 it should be fine. He gave them an example from the Liquor Commission. Ms. Tudela discussed having a standard that had categories for a range of fine amount to be consistent. Alternative would be to track them all. Ms. Ching asked if the article only relate to a Lobbyist as there is mention of revoking the registration of a Lobbyist. Chair Toyofuku stated that it is similarly stated under the Disclosure Statement. Ms. Shiraishi reminded the Board that they had previously decided on a fine schedule and table BOE 2019-22 Discussion and possible action by the Board to provide notice to County employees regarding ethics requirements for former employees. Ms. Ching requested a deferral. Ms. Burriss moved to defer BOE 2019-22. Mr. de la Pena seconded. Motion carried 4:0 BOE 2019-29 Discussion and possible action by the Board of Ethics to draft language to Amend Charter Section 20.04 A. Disclosure to submit to Charter Review Commission for review. Chair Toyofuku clarified that this was to amend the section on who is required to file a disclosure. Chair went over his memo (on file) of his appearance before the Charter Review Commission he submitted to the Board and research done by staff comparing counties. Informed Board that they must come up with the proposed language for the Charter amendment. Board of Ethics Open Session November 15, 2019 Page 4 SUBJECT DISCUSSION ACTION Ms. Tudela presumes that the process for approving procurement varies by department. Ms. Ching explained the procurement process. Board had a lengthy discussion whether required filers should be stated more in generic terms with guidance as to what type of duties of an employee would require them to file a disclosure rather than specific job titles. They reviewed requirements of other counties. Chair Toyofuku reminded the members that the Charter Review Commission will consider this and that they need to convince the Commission to add the amendment to the ballot. The Board will also need to write the language and submit. Ms. Tudela stated that the language is in legal terms and she is uncomfortable in drafting the language. She suggested that the Board should agree on what they want to accomplish and ask legal counsel to draft something that they would review. Mr. Jenson explained that Board would decide on direction, come up with proposed language and then the Office of the County Attorney would review for legality and make sure it complies. Ms. Burriss asked if they could put it on the department heads to identify the employees in their departments that should file disclosure statements. Ms. Tudela asked if each department could come in to talk to the Board. Board discussed to send an email or survey to each department that would say, “we’re looking to expand the people who are required to fill out a disclosure without putting a burden on each department, do you have suggestions for how we should be proceeding for your department. Mr. Jenson suggested that Ernie Barreira may be able to identify who in each department will be making the final call on procurement. Board of Ethics Open Session November 15, 2019 Page 5 SUBJECT DISCUSSION ACTION Chair Toyofuku asked if there was any language from the other counties that stood out as one they could possibly use for guidance. The Board discussed the County of Hawaii’s language. Looking at the term “regulatory employees” and possibly introducing and defining it. Ms. Ching recommended that with a Charter amendment the Board should go broad and keep changes minimal. When there are too many changes and too much to language it is too complicated and people forget it. The initial proposal started off with, with the suggestion of the Charter Review Commission to add Managing Director and Agency Heads. In addition if want to expand further like County of Hawaii, could add “regulatory employees” and leave it at that. On the education side define “regulatory employees”. Board discussed possibly forming a PIG (Permitted Interaction Group) to work on the proposed Charter amendment. Board discussed using current language, all Department Heads, and adding Agency, Division and regulatory employees, that it would broaden it quite a bit and not forming a PIG. Ms. Tudela moved that the Boards and Commissions Administrator draft Charter language that adds to existing language Agency Heads, Division Heads, Regulatory Employees and Managing Director. Ms. Burriss seconded. Motion carried 6:0 BOE 2019-30 Discussion and possible action by the Board of Ethics to require annual gift disclosures. Ms. Ching explained that this would be an amendment to the ordinance and suggested that they form a PIG to look at this. Board discussed that they would like to look at this requirement for the County. Ms. Tudela moved to add a decision for a PIG for BOE 2019- 30 to the next meeting agenda. Mr. de la Pena seconded. Motion carried 6:0 Board of Ethics Open Session November 15, 2019 Page 6 SUBJECT DISCUSSION ACTION BOE 2019-31 Discussion and possible action by the Board of Ethics to revise the ethics rule to state that the Board of Ethics should render an advisory opinion within 45 days of receipt of the request, but delete the provision that failure to do so within 45 days is deemed a finding of no breach of the Code of Ethics. Ms. Ching explained that this would be a Charter Amendment. Chair Toyofuku explained that this was brought to his attention from the City & County of Honolulu’s Ethics Board Staff Attorney. Board discussed the current language and what needs to be amended to remove the provision of failure to so within 45 days is deemed a finding of a no breach of the Code of Ethics. Ms. Tudela moved to defer BOE 2019-31 and ask that Administrator draft for the next meeting proposed language to amend Charter 20.05.D.2 and delete “an opinion rendered by lapse of 45 days”. Ms.Tabura seconded. Motion carried 6:0 BOE 2019-32 Discussion and possible action by the Board of Ethics to delete from the ethics rules the requirement that disclosure forms must be notarized. Chair Toyofuku explained that Kauai is the only County with this requirement. Staff and Deputy County Attorney Jenson stated that they could not find this in the rules, it is only on the form. Board discussed removing this from the form. Ms. Burriss suggested adding a sworn statement under penalty of perjury. Mr. Jenson explained statements are treated differently under the law. With a sworn statement there is penalty associated with it. Vice Chair Shiraishi suggested also adding the date of the signature. Mr. de la Pena moved to remove the notary requirement from disclosure statements. Ms. Tabura seconded. Motion withdrawn by Mr. de la Pena and Ms. Tabura. Mr. de la Pena moved to remove the notary requirement from disclosure statements form and add a sworn statement under penalty of perjury and date of signature. Ms. Tabura seconded. Motion carried 6:0 Board of Ethics Open Session November 15, 2019 Page 7 SUBJECT DISCUSSION ACTION BOE 2019-33 Discussion and possible action by the Board of Ethics to provide ethics training for County employees. Ms. Tudela moved to defer BOE 2019-33 to the second quarter of 2020. Ms. Burriss seconded. Motion carried 6:0 BOE 2019-34 Discussion and possible action by the Board of Ethics to build a database of ALL previous opinions and consider reviewing old opinions which may be in violation of any laws, rules, regulations that may have changed. Board discussed with staff what’s in place now and staff’s work towards consolidating files and building a data base. Ms. Tudela moved to approve. Ms. Burriss seconded. Motion carried 6:0 BOE 2019-35 Discussion and approval to add a December 2019 meeting. Board discussed date in December. Ms. Tabura moved to meet Dec. 20, 2019. Ms. Burriss seconded. Motion carried 6:0 BOE 2019-36 Review and Possible Approval of Meeting Schedule for 2020. Board reviewed calendar. Ms. Tabura moved to accept the 2020 Meeting Schedule. Ms. Burriss seconded. Motion carried 6:0 BOE 2019-37 Election of Chair, Vice Chair and Secretary for Calendar Year 2020. Ms. Tudela nominated Ms. Shiraishi for the position of Chair for 2020, Ms. Burriss for the position of Vice Chair for 2020, and Ms. Tudela for Secretary for 2020. Mr. de la Pena moved to close the nominations. Ms. Burriss seconded. Motion carried 6:0 Mr. de la Pena moved to elect Ms. Shiraishi as Chair, Ms. Burriss as Vice Chair, and Ms. Tudela as Secretary. Ms. Tabura seconded. Motion carried 6:0 Board of Ethics Open Session November 15, 2019 Page 8 SUBJECT DISCUSSION ACTION Board took a break at 3:08pm Meeting resumed at 3:11pm Disclosures Volunteer 1. Katherine Otsuji, Board of Review Under employment, she listed self-employed, but in Section IV, she did not state her business interest. Ms. Tabura moved to return Ms. Otsuji’s Disclosure form to clarify item IV, Business Interest. Ms. Burriss seconded. Motion carried 6:0 Executive Session Chair Toyofuku entertained a motion to enter into Executive Session pursuant to HRS §92-4, §92-5 (a) (2) and (4), §92-6 (a) (b), the purpose of this Executive Session is to consider the evaluation, dismissal or discipline of an employee or officer of the County in which charges have been alleged against an employee or officer where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held; and to consult with the Board’s legal counsel on issues pertaining to the Board’s and the County’s powers, duties, privileges, immunities, and /or liabilities as they may relate to this item, deliberate and take such action as appropriate. The Board moved into Executive Session at 3:19pm. Mr. de la Pena moved to go into executive session. Ms. Tudela seconded. Motion carried 6:0. Return to Open Session Ratify Board actions taken in Executive Session. The board resumed in Open Session at 3:26pm Ms. Burriss moved to ratify decisions made in Executive Session. Ms Tabura seconded. Motion carried 6:0 Board of Ethics Open Session November 15, 2019 Page 9 SUBJECT DISCUSSION ACTION Announcements Next Meeting: Friday, December 20, 2019 – 1:00 p.m., Mo‘ikeha Building, Liquor Conference Room 3. Adjournment Mr de la Pena moved to adjourn the meeting, Vice Chair Shiraishi seconded. Chair Toyofuku adjourned the meeting at 3:28pm Submitted by: Reviewed and Approved by: Anela Segreti, Administrative Specialist Dean Toyofuku, Chair ( ) Approved as circulated. ( ) Approved with amendments. See minutes of meeting. Charter 20.04. Disclosure. A. The mayor, councilpersons, managing director, all department, agency, and division heads and deputies, members of boards and commissions, the purchasing administrator, and [any employee delegated or authorized to act on behalf of the director of finance and the deputy director of finance in their absence] regulatoy employees shall, within thirty days of assuming office, file with the board a list of all real property within the county in which such person has any right, title, or interest, a list of all business firms which contract for county business in which such person has any interest, and all of such person’s places of employment, including part-time employment, all sources and amounts of income, business ownership, officer and director positions, debts, creditor interests in insolvent businesses, and the names of persons represented before government agencies. Amendments to the list, including additions, deletions, or changes in title, interest in property or of employment, shall be made within thirty days of the occurrence of the amendment. The list shall be a matter of public record. (Amended 2008, 2010) BOE 2019-29 Section 20.05. Board of Ethics. D. It shall be the function of the board: (2) To render advisory opinions or interpretations with respect to application of the code on request. All requests for advisory opinions shall be answered within forty-five days of its filing and failure to submit an advisory opinion within said forty-five days shall be deemed a finding of no breach of the code. Opinions rendered or deemed rendered shall be binding on the board in any subsequent charges concerning the officer or employee of the county until said opinion is amended or revoked by the board. (Amended 2010) BOE 2019-31 KAUA‘I COUNTY BOARD OF ETHICS DISCLOSURE STATEMENT INSTRUCTION SHEET I.WHO MUST FILE. The Mayor, Council persons, Prosecuting Attorney, all department heads and deputies, members of boards and commissions, the purchasing agent, any employee delegated or authorized to act on behalf of the director of finance and deputy director of finance in their absence and all candidates for elective office. II.WHEN TO FILE. Disclosure forms must be filed within thirty (30) days of taking office or within seven (7) days of fling nomination paper as a candidate for office, as in the case may be. Section 3-1.9, Kaua‘i County Code 1987; Section 20.04, Charter of the County of Kaua‘i. III.WHAT TO FILE. Charter §20.04 says you must file a list of all property in which you have a right, title, or interest, a list of all business firms which contract for county business in which you have any interest, all places of your employment including part-time employment, all sources and amounts of income, business, ownership, officer and director positions, debts, creditor interests in insolvent businesses, and the names of persons represented before government agencies. IV.AMENDMENTS. Disclosure forms must be updated within thirty (30) days of any change in information requiring disclosure. V.PENALTY FOR FAILURE TO FILE. A violation of any provision of the Code of ethics of the Charter of the County of Kaua‘i shall be cause for fine, suspension, or removal from office or employment. VI.WHERE TO FILE. All Disclosure Statements should be filed by mail or in person, addressed as follows: Kaua‘i County Board of Ethics c/o Office of Boards and Commissions Mo‘ikeha Building 4444 Rice Street, Suite 150 Līhu‘e, Kaua‘i, Hawai‘i 96766 We suggest you make and retain a copy for your personal records. DISCLOSURE FORMS ARE PUBLIC RECORD BOE 2019-32 BOARD OF ETHICS COUNTY OF KAUA‘I DISCLOSURE STATEMENT THIS DOCUMENT SHALL BECOME A PUBLIC RECORD WHEN RECEIVED BY THE OFFICE OF BOARDS AND COMMISSIONS. PLEASE COMPLETE ALL SECTIONS, USE N/A IF YOU HAVE NOTHING TO REPORT FOR A PARTICULAR SECTION. NAME: (First) (Middle) (Last) Name of spouse: POSITION TITLE: Indicate your elected or appointed County position, Board or Commission, or the public office you are filing for: I am a Candidate for Public Office: (Name of Public Office) I am an Elected or Appointed official or delegated employee for Kaua‘i County: _______________ (Position Title) I am an Appointed member of a Board or Commission: __________________________________ (Name of Board or Commission) Employer Type of Business Position III. CURRENT ANNUAL INCOME – List all sources and amounts of income greater than $1,000 (i.e. wages, income from rental or real estate, loan repayments, stock dividends, interest on savings or bonds, retirement income, social security, etc.) including your County of Kaua‘i income. Source (Required: name of company) Current Annual Income (Round to the nearest $10,000. If more than $100,000, you may list > $100,000) I. GENERAL INFORMATION II. EMPLOYMENT – List all current employment other than County employment (including part-time) Business Name Percent Ownership Interest Check here if business contracts with the County Organization Name Type of Organization Position Address/Location Tax Map Key Number IV. BUSINESS INTEREST – List all business, partnerships, or sole proprietorships and the percentage of interest in which you have an interest (please identify acronyms appropriately). V. POSITION HELD IN BUSINESS OR ORGANIZATION – List in the space below the information requested for all organization (whether corporations, non-profit corporations, unincorporated organization, partnerships, etc., and identify acronyms appropriately) in which you are an official of the organization (for example, president, vice-president, secretary, treasurer, trustee, agent, board member, etc.) VI. CREDITORS – List the name of every person, business, organization, or corporation (excluding credit cards) to whom you owe money. VII. REAL PROPERTY – List the street address or tax map key number of any real estate in which you have an interest. (Pursuant to the Constitution of the State of Hawai‘i, Article XIV) Name of person, company, etc. Board/Commission/Agency Year I hereby certify that the above statement made by me are true, complete, and accurate to the best of my knowledge and belief. I further understand that if I acquire or possess an interest that might reasonably tend to create a conflict of interest with my duties or authority, or I or a member of my immediate family, which includes parents, siblings, spouse, or children, is an owner, officer, executive director, or director of an organization in any matter pending before me, I shall make full disclosure of the conflict of interest and shall not participate in said matter. I hereby swear under oath and certify, under penalty of perjury, and pursuant to HRS § 710-1061, that all of the information provided in this report is true and correct. I understand that providing false information may be a violation of Federal and State law. I further understand that if I acquire or possess an interest that might reasonably tend to create a conflict of interest with my duties or authority, or I or a member of my immediate family, which includes parents, siblings, spouse, or children, is an owner, officer, executive director, or director of an organization in any matter pending before me, I shall make full disclosure of the conflict of interest and shall not participate in said matter. _____________________________________ ________________________________ Signature Date VIII. REPRESENTATION BEFORE GOVERNMENT AGENCIES – List the names of all persons, corporations, organizations, partnerships, etc. that you have represented before any government agency, (Federal, State, or County) board, or commission in the last five years: IX. CREDITOR INTEREST IN INSOLVENT BUSINESSES – List the name of any insolvent business which owes money to you. X. CERTIFICATION – MUST BE SIGNED IN FRONT OF A NOTARY PUBLIC Document Date: # Pages: Document Description: Notary Name: Circuit Subscribed and sworn before me this day of , 20 Notary Public, State of Hawai‘i My Commission Expires: