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HomeMy WebLinkAboutBOE_2020_0117_Agenda PacketAn Equal Opportunity Employer Mia Shiraishi Members: Chair Ryan de la Pena Maureen Tabura Susan Burriss Dean Toyofuku Vice Chair Mary Tudela Secretary COUNTY OF KAUA'I BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, January 17, 2020 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 December 20, 2019 COMMUNICATION BOE 2020-01 Email from Ken Taylor dated 12/15/19 regarding Bill 2745 and a potential conflict of interest for Mayor Kawakami. 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 – January 17, 2020 2 | Page 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 2020-02 Permitted Interaction Group recommendations on an ordinance to require annual gift disclosures. DISCLOSURES Employees: 1. Charles Foster, Deputy County Attorney 2. Gerald Rapozo, Liquor Control Director 3. Todd Raybuck, Police Chief 4. Nicholas Courson, First Deputy County Attorney 5. Robert Westerman, TA Fire Chief Volunteers: 1. Mia Shiraishi, Board of Ethics 2. Maureen Tabura, Board of Ethics 3. Victoria Wichman, Kaua’i Historic Preservation Commission 4. Craig DeCosta, Board of Review 5. Stella Fujita, Board of Review 6. Karen Ono, Open Space Preservation Commission 7. Julie Simonton, Board of Water Supply 8. Sean Mahoney, Planning Commission 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-010 Executive Session Minutes of December 20, 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 – January 17, 2020 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, February 21, 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 – January 17, 2020 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 December 20, 2019 Location Mo‘ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. End of Meeting: 2:03 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 1:00 p.m. with six members present which constituted a quorum. Approval of Minutes Open Session Minutes of November 15, 2019 Ms. Tudela had a correction to page 2, second to last paragraph, Chair Toyofuku asked to claify, should be clarify and later in that sentence enforce should be enforced. Ms. Tabura moved to approve the minutes of November 15, 2019 as amended. Mr. de la Pena seconded. Motion carried 6:0. Communication None Request for Advisory Opinion None Board of Ethics Open Session December 20, 2019 Page 2 SUBJECT DISCUSSION ACTION 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, requested to defer this item. Mr. de la Pena moved to defer BOE 2018-17. Ms. Tudela seconded. Motion carried 6:0 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. Tudela moved to defer BOE 2019-22. Mr. de la Pena seconded. Motion carried 6:0 BOE 2019-33 Discussion and possible action by the Board of Ethics to provide ethics training for County employees. Ms. Ching requested to defer this item. Mr. de la Pena moved to defer BOE 2019-33 to the second quarter of 2020. Ms. Tudela seconded. Motion carried 6:0 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. Board discussed proposed amendments, deletions and amendments. Concern was raised about the intention or definition of “regulatory employees” in the amended proposal. Board of Ethics Open Session December 20, 2019 Page 3 SUBJECT DISCUSSION ACTION Ms. Ching explained that Hawaii Island’s definition of “regulatory employees” will be used as a template for Kauai. They amendment would be adopted in the Charter and then the definition would be adopted in the rules. She explained that the definition of “regulatory employees” would be part of the explanation on the ballot for the voters. The explanation will be drafted when the Charter Review Commission decides that this is an amendment they want to place on the ballot. Todd Jenson, Deputy County Attorney, explained that it would be great for the Chair and Vice Chair to be present at the Charter Review Commission meeting to persuade them to place the amendment on the ballot or they could also write an explanatory letter stating the purpose and intent behind the proposal. Chair Toyofuku explained that at the meeting he attended he got the impression that they felt this was a good move and it was their recommendation to expand department heads, etc. He feels they will be pretty receptive. Ms. Ching explained that the Charter Review Commisstion has a number of proposals that they are looking at maybe six (6) maximum to put on the ballot, they feel anything more is overwhelming. They are looking at things: 1. is it going to pass and 2. is it so important that it should go on the ballot. In the past in general ethics proposals have passed. Ms. Tudela moved to accept BOE 2019-29. Ms. Tabura seconded. Motion carried 6:0 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 . Board of Ethics Open Session December 20, 2019 Page 4 SUBJECT DISCUSSION ACTION Ms. Ching explained that this is a follow-up from the State Conference and the realization that there is not an ordinance requiring annual gift disclosures. This is to form a sub-committee to look at drafting rules or proposals for an ordinance for annual gift disclosures and bringing it back to the Board for discussion and adoption by Board and on to Council to introduce and adopt it. Board discussed members of the PIG. Ms. Tudela, Chair Toyofuku and Vice Chair Shiraishi volunteered to be on the PIG. Ms. Tudela moved to establish a PIG for BOE 2019-30 and to identify the members for the purpose of establishing a an ordinance for annual gift disclosures. Ms Tabura seconded. Motion carried 6:0 Ms. Burriss moved that the PIG members be: Dean Toyofuku, Mia Shiraishi and Mary Tudela. Mr. de la Pena seconded. Motion carried 6:0 Ms. Tudela moved that the Scope of this PIG is drafting an ordinance to require annual gift disclosures. Ms. Tabura seconded. Motion carried 6:0 Board of Ethics Open Session December 20, 2019 Page 5 SUBJECT DISCUSSION ACTION 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.” Board reviewed the proposed language presented in their files. Ms. Tudela questioned how does the Board get around the 45 days. Ms. Ching suggested that they discuss if they can only put forward one amendment, which one would it be? Chair Toyofuku’s opinion that this is more important, it’s not so much the 45 days, it’s if they don’t have an opinion there’s no breach of the code. Board discussed concern of the 45 days and what if they get a request the day before a meeting or after the agenda has posted. Time factors and scheduling concerns. Ms. Burris expressed that the requestor deserves a decision and the 45 days may be there to make sure that it gets done. Ms. Ching expressed her concerns on the impact to staff and the Board to make a decision within 45 days or a finding of no breach of the Code of Ethics. The Board clarified that the 45 days starts from the date of filing. Chair Toyofuku shared that Honolulu has 30 days, but they have their own staff to investigate. As soon as a request is filed, staff begins to work on it and the Board receives a staff report that their staff attorney has reviewed for any legal issues. The days is not the only issue, could change it to 60 days, it’s the fact that it’s a done deal. No other County or the State has this clause. Board of Ethics Open Session December 20, 2019 Page 6 SUBJECT DISCUSSION ACTION Ms. Shiraishi expressed that the “shall” in the sentence prior to the change should be changed to “should”. Discussion on using “may” or “should” and not a mandatory “shall”. Mr. Jenson stated that he will need to look up how the Hawaii State Supreme Court interprets “should”. He’s not sure how it falls, more mandatory or permissive. Ms. Shiraishi and Ms. Burriss stated that they felt it was more permissive. Ms. Burriss suggested that instead of, “All requests for advisory opinions shall be answered within … change it to “shall be presented to the Board of Ethics, then there is no 45 days. Ms. Tudela suggested adding “without delay”. She felt that people want to know that it’s going to the next agenda. Chair Toyofuku suggested that staff research what other counties say for reference. Ms. Tudela suggested perhaps some language that gives it a parameter. Ms. Burriss moved to adopt BOE 2019-31, proposed language to Charter 20.05.D.2. Ms. Tudela seconded. Motion withdrawn by Ms. Burriss and Ms. Tudela. Ms. Burriss moved to defer BOE 2019-31 and have staff research other Counties and present to Board at next meeting. Ms. Tudela seconded. Motion carried 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. Board reviewed the changes to the Disclosure Form. Ms. Tudela clarified that the sworn statement language is appropriate to this type of request. Mr. Jenson confirmed that he provided the language for the statement. Ms. Burriss moved to approve the revised Disclosure Form. Mr. del la Pena seconded. Motion carried 6:0 Board of Ethics Open Session December 20, 2019 Page 7 SUBJECT DISCUSSION ACTION Disclosures Volunteer 1. Katherine Otsuji, Board of Review Ms. Tabura moved to accept Disclosure #1. Mr. de la Pena 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 1:55pm. 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 2:02pm Ms. Tudela moved to ratify decisions made in Executive Session. Mr. de la Pena seconded. Motion carried 6:0 Announcements Next Meeting: Friday, January 17, 2020 – 1:00 p.m., Mo‘ikeha Building, Liquor Conference Room 3. Adjournment Mr. de la Pena moved to adjourn the meeting, Ms. Tabura seconded. Chair Toyofuku adjourned the meeting at 2:03pm Board of Ethics Open Session December 20, 2019 Page 8 Submitted by: Reviewed and Approved by: Anela Segreti, Administrative Specialist Mia Shiraishi, Chair Elect ( ) Approved as circulated. ( ) Approved with amendments. See minutes of meeting. Anela Segreti From: Sent: To: Subject: Attachments: Ken < littlewheel80S@g mail.com > Sunday, December 15, 2019 9:04 PM Anela Segreti RE:12/?0/19 Board of Ethics Agenda Packet image001.png; image004jpg CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. L2/15i19 Aneia, please pass my letter, below on to Dean Toyofuku and the Board. Thank You Ken Taylor littlewheel808@gmail.com Mr. Dean Toyofuku, Chair And Members of the Board of Ethics Kauai County I am writing to request a ruling from your honorable body as to whether Mayor Derek Kawakami will be in conflict of interest by acting on Bill 2745 in the event that it is approved by the County Council. lf the Mayor has already made this request, please disregard this letter. B:112745 would allow Additional Rental Units (ARUs) on 70 acres that make up the Lihue Town Core District along Rice Street. Because an ARU is allowed for each unit that is zoned for, Bill 2745 would effectively double the potential density on any lot in that district from R-40 to R- 80, thereby increasing the economic value of each lot significantly. It is my understanding that Mayor Kawakami and/or his family own(s) property in the Lihue Town Core. The Mayor, when he was a Councilmember last year, appropriately recused himself from discussing or voting on Bill 2687 which increased the allowed density in the Lihue Town Core District from R-20 to R-40. I request that you, as the Board of Ethics, address the following issues: FoZ aDaD-ol 1. What is the nature and extent of Mayor Kawakami's interest in land in the Lihue Town Core District? 2. Given any interest he may have, and based on the Kauai County Code of Ethics and any other ethics laws relevant to the potential conflict of interest of Kauai County employees, will Mayor Kawakami in performing his mayoral responsibilities as to Bill 2745-i.e.ln deciding to sign, veto or allow the bill to become law without his signature--have a conflict of interest. 1 3. lf there is a finding of a conflict of interest, what is the remedy? Should the Mayor put his financial and real estate interests into a blind trust? lf the Mayor cannot act on Bill 2745, will giving that task to his Managing Director remove the conflict of interest? Thank you. Sincerely, Ken Taylor littlewheel808@gmail.com Sent from Mail for Windows 10 From: Anela Segreti Sent: Friday, December 13,2019 9:38 AM To: littlewheel808 @ema il.co m Subject: 12120119 Board of Ethics Agenda Packet Aloha Ken, Attached is the agenda packet for the t2/20/19 Board of Ethics meeting. Please confirm your receipt by responding to this email. Mahalo, Anela Segreti Administrative Specialist 1 8 County of Kaua'i Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihue, Hl. 96766 Phone: (808) 24L-49].7 Fax: (808) 24L-5127 Email: asesreti@ka ua i.qov httos://www.ka uai s,ov /Boardsa ndCommissions The i.formation contained in this e-mail ir intended only for the per5onal and confidential use of the recipient(s) named above. tf you are notthe intended reciPient, You are hereby notified that you haue .eceived this document in error and that any review, di5semination, distribution, or copYin8 of this message i5 strictly p.ohibited. ll you have received this communication in error, please notity the sender immediately by e-mail and delete the original message. 2 Section 20.05. Board of Ethics D. lt shall be the function ofthe 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 ffi.opinionsrenderedordeemedrenderedshallbebindingon 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 HAWAII REVISED STATUTES CHAPTER 84 STANDARDS OF CONDUCT Part IV. Administration and Enforcement §84-31 Duties of commission; complaint, hearing, determination. (a) The ethics commission shall have the following powers and duties: (1) It shall prescribe forms for the disclosures required by Article XIV of the Hawaii Constitution and section 84-17 and the gifts disclosure statements required by section 84-11.5 and shall establish orderly procedures for implementing the requirements of those provisions; (2) It shall render advisory opinions upon the request of any legislator, employee, or delegate to the constitutional convention, or person formerly holding such office or employment as to whether the facts and circumstances of a particular case constitute or will constitute a violation of the code of ethics. If no advisory opinion is rendered within thirty days after the request is filed with the commission, it shall be deemed that an advisory opinion was rendered and that the facts and circumstances of that particular case do not constitute a violation of the code of ethics. The opinion rendered or deemed rendered, until amended or revoked, shall be binding on the commission in any subsequent charges concerning the legislator, employee, or delegate to the constitutional convention, or person formerly holding such office or employment, who sought the opinion and acted in reliance on it in good faith, unless material facts were omitted or misstated by such persons in the request for an advisory opinion; (3) It shall initiate, receive, and consider charges concerning alleged violation of this chapter, initiate or make investigation, and hold hearings; (4) It may subpoena witnesses, administer oaths, and take testimony relating to matters before the commission and require the production for examination of any books or papers relative to any matter under investigation or in question before the commission. Before the commission shall exercise any of the powers authorized in this section with respect to any investigation or hearings it shall by formal resolution, supported by a vote of three or more members of the commission, define the nature and scope of its inquiry; (5) It may, from time to time adopt, amend, and repeal any rules, not inconsistent with this chapter, that in the judgment of the commission seem appropriate for the carrying out of this chapter and for the efficient administration thereof, including every matter or thing required to be done or which may be done with the approval or consent or by order or under the direction or supervision of or as prescribed by the commission. The rules, when adopted as provided in chapter 91, shall have the force and effect of law; (6) It shall have jurisdiction for purposes of investigation and taking appropriate action on alleged violations of this chapter in all proceedings commenced within six years of an alleged violation of this chapter by a legislator or employee or former legislator or employee. A proceeding shall be deemed commenced by the REVISED CHARTER OF THE CITY & COUNTY OF HONOLULU 1973 (2017 EDTTTON) Section 11-107 . Ethics Commission - There shall be within the department of the corporation counsel for administrative purposes only an ethics commission which shall consist of seven members. The commission shall be governed by the provisions of Section 1 3-103 of this charter. ln accordance with the prohibition in Article XIV of the Constitution of the State of Hawaii, the members of the ethics commission shall be prohibited from taking an active pa( in political management or in political campaigns. The commission may appoint such staff and engage consultants as is necessary to assist it in the performance of its duties. Such staff and consultants may include attorneys who may advise the commission independently of the department of the corporation counsel. All staff positions shall be exempt from the provisions of Chapter 1 1 of Article Vl of this charter, but such staff positions, except the position of executive director and staff attorneys, shall be included in the position classification plan. The executive director shall be an attorney qualified to practice 102 law in the State of Hawaii. The salaries of the executive director and any staff attorneys of the ethics commission shall be set by the ethics commission. The salary of the executive director shall not exceed the salary of the first deputy corporation counsel and the salaries of any other staff attorney shall not exceed the salary of the executive director. The commission is authorized to hold hearings and to conduct investigations concerning the application of this article of the charter and shall have the powers provided in Section 1 3-1 14 of this charter. The commission may, on its own initiative, render advisory opinions with respect to this article of the charter An advisory opinion shall be rendered pursuant to a written request of any elected or appointed officer or employee concerned and may be rendered pursuant to the request of any person. The commission shall publish its advisory opinions with such deletions as may be necessary to prevent disclosure of the identity of the persons involved. The commission may impose civil fines established by ordinance against elected and appointed officers and employees of the city with significant discretionary or fiscal power as determined by ordinance, found by the commission to have violated the standards of conduct established by this article of the charter or by ordinance. The commission shall recommend appropriate disciplinary action against officers and employees found to have violated the standards of conduct established by this article of the charter or by ordinance. The appointing authority shall promptly notify the commission of the action taken on the recommendation. (Reso 84-234; 1998 Reorganization; 2006 General Election charter Amendment Question Nos. 5 and 12(c); Resol O7-38a; 20'16 General Election CharterAmendment Question No 2) CHARTER COUNTY OF MAUI 20't 9 ARTICLE 1O CODE OF ETHICS Section 10-1. Declaration of Policy. Elected and appointed officers and employees shall demonstrate by their example the highest standards of ethical conduct to the end that the public may justifiably have trust and confidence in the integrity of government. Section 10-2. Board of Ethics. There shall be a board of ethics. 1. The board shall consist of nine members appointed by the mayor with the approval of the council. 2. The board shall: a. lnitiate, receive, hear and investigate complaints of violations of this Article. b. lnitiate impeachment proceedings against elected offic€rs and officers appointed to elective office who are found by the board after investigation to have violated this Article. Such proceeding shall be brought in the name of the board which shall be represented by special counsel of the board's choosing. c. Render advisory opinions with respect to application of this Article on request. All requests for advisory opinions shall be answered within forty-five (45) days of its filing; failure to submit an advisory opinion within the forty-five (45) days shall be deemed a finding of no breach of this Article. d. Prescribe forms for the disclosures provided in this section and to implement the requirements of the disclosure provisions. e. Examine all disclosure statements filed and to comment on or advise corrective action as to any matters that may indicate a conflict of interest. f. Adopt such rules, having the force and effect of law, as will be necessary to provide for the enforcement of the provisions of this Article. 3. ln the course of its investigations, the board shall have the power to administer oaths and subpoena witness and to compel the production of books and papers pertinent thereto. 4. The board, after due deliberation on issues before it, shall make findings of facts and conclusions of law regarding such issues and shall transmit the same to the appropriate appointing authority and the prosecuting attorney for appropriate disposition. 5. lf any officer or employee, or former officer or employee, obtains an advisory opinion from the board and acts accordingly, or acts in accordance with the opinions of the board, the officer or employee shall not be held liable for violating any of the provisions of this Article. 6. The council and mayor shall cooperate and provide financing and personnel reasonably required by the board in the performance of its duties. (Amended 1992) COUNTY OF HAWAI'I COUNTY CHARTER 2018 Section 14-5. Board of Ethics. There shall be a board of ethics appointed by the mayor with the approval of the council. lt shall consist of five members who shall be residents of the county. Each shall serve for a term of five years. Upon the initial appointment of members pursuant to this charter, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term offour years and one for a term of five years. The board shall establish its rules of procedure. Vvithout limitation of its functions, the board shall:(a) lnterpret the code of ethics for both county officials and the public and on its own may initiate and render opinions with respect thereto.(b) Render advisory opinions to county officers and employees with respect to the code of ethics pursuant to written requests by officers and employees.(c) Receive and initiate complaints of violations of the code of ethics and transmit such complaints to the council or the appropriate appointing authority, along with any pertinent advisory opinions thereto.(d) Hold hearings or conduct investigations concerning application of the code of ethics and make public such violations of the code that come to its attention.(e) Publish advisory opinions with such deletions as may be necessary to prevent disclosure of identity of persons involved where such opinions are rendered pursuant to subsection (b) above.(0 Propose revisions to the code of ethics where not inconsistent with this charter. (2010, Prop. 7, sec. 64.)