GREAT-21(2) Reso 24-95 RESOLUTION 24-95, RELATING TO AN AMENDMENT TO ARTICLE 10 OF THE REVISED CHARTER OF THE COUNTY OF MAUI (1983), AS AMENDED, TO AUTHORIZE FULL-TIME STAFF FOR THE MAUI COUNTY BOARD OF ETHICS (GREAT-21(2))
Aloha Chair Nohelani U'u-Hodgins and committee members:
My name is Myles Kawakami, and as resident of Maui County, I strongly support Resolution 24-95. Establishing full-time staff, including an Executive Director/Legal Counsel, secretary, and investigator.
Aloha Chair Nohelani U'u-Hodgins and committee members,
My name is Justin Knowles, and as a resident of Maui County, I strongly support Resolution 24-95. Establishing full-time staff, including an Executive Director/Legal Counsel, secretary, and investigator, is crucial for the effectiveness and integrity of our Board of Ethics.
Having full-time staff dedicated to the Board of Ethics will ensure that ethical standards are upheld consistently and promptly. With an independent team, the Board will be better equipped to investigate complaints thoroughly, provide timely advice to county employees, and offer comprehensive training on ethics rules and regulations. This move will not only enhance the Board's ability to function impartially but also build greater trust within our community by demonstrating a firm commitment to ethical governance.
Moreover, the presence of a full-time Executive Director/Legal Counsel will provide the Board with the necessary legal expertise to navigate complex ethical issues and ensure that all actions are in compliance with county and state laws. A dedicated secretary will support the administrative needs, ensuring that all records and communications are managed efficiently. An investigator will play a pivotal role in conducting thorough and unbiased investigations into any ethical breaches, thereby reinforcing the Board's role as a watchdog for integrity in our local government.
In light of recent challenges and the need for robust ethical oversight, the establishment of full-time staff for the Board of Ethics is a timely and necessary step. I urge you to pass Resolution 24-95 and provide the Board with the resources it needs to serve our community effectively.
Aloha Chair Nohelani U'u-Hodgins and committee members: My name is Laurie Wong-Nowinski and I have been on staff with the Honolulu Ethics Commission since 2010. However, I write this testimony in my personal capacity and do not represent the official views of the Honolulu Ethics Commission. Like our own Ethics Commission, the Maui Board of Ethics' workload has grown since inception. In order to carry out the mandates of the charter, the Maui Board of Ethics needs staffing resources that are dedicated to the Board. In addition, the Board should be supported by its own staff to avoid conflicts of interest with the Corporation Counsel. These were the very reasons that the Honolulu Ethics Commission was allocated its own staff also via resolution for charter amendment. I urge you to pass this resolution and give the electorate the opportunity to determine whether the Board of Ethics should have its own staff.
Mahalo for the opportunity to testify in support of this reso.
Laurie Wong-Nowinski
Aloha Chair Nohelani U'u-Hodgins and committee members:
My name is Shaun Waite
I am a resident of Maui County, and I strongly support Resolution 24-95. Establishing full-time staff, including an Executive Director/Legal Counsel, secretary, and investigator.
I am Wesley Fong a commissioner and chair of the State Ethics Commission and I am writing this testimony in my individual capacity.
I would like to lend support to Resolution 24-49 both in providing necessary staff sufficient in helping the Maui Commission carry out its assigned duties and increasing the tenure of Maui Ethics commissioners. I believe that both proposals are essential and will allow the Maui Commission to fulfill its duties as dedicated volunteers.
Our state commission has only five commissioners and a staff of twelve including six attorneys, an investigator and clerical staff plus an executive director who manages the office and staff. With many ethical complaints from state employees and the public notwithstanding, as a volunteer who was vetted by the State Judicial Council and appointed by the Governor, I can attest to the fact that we commissioners could not fulfill our duties in training, enforcing and providing advice on the state ethics laws without such a staff.
The six attorneys provide advice to state officials and employees regarding state ethics. In addition, they also investigate, enforce and make recommendations to the commission for the prosecution of state ethics law violations by state employees and state boards and commissions. There are over 60,000 personnel under our jurisdiction.
Our term in office is for four years and we can reapply for another four year term. Personally speaking and as chair, having commissioners serving for two terms brings continuity, proficiency and knowledge in fulfilling our duties as commissioners. We had two commissioners (one just passed away) from Kauai and there are three from Oahu. Some of our commissioners attend monthly meetings via webex. We are now in the process of getting another commissioner to fill the vacancy.
Aloha Chair Nohelani U'u-Hodgins and committee members:
My name is Steven Sturdevant and as Chair of the Maui Ethics Board, I strongly support Resolution 24-95. Establishing full-time staff, including an Executive Director/Legal Counsel, secretary, and investigator, would significantly enhance our effectiveness in several ways:
1. Informal Advice: Staff could provide timely ethics advice to public employees and officials, reducing the current wait time of one to two months.
2. Training: we currently cannot train employees and officials on ethics rules, a gap full-time staff could fill.
3. Conflict Avoidance: Dedicated staff would eliminate conflicts of interest involving the corporation counsel.
4. Investigations: Full-time staff would enable independent investigation and prosecution of ethics violations.
5. Unbiased Adjudication: With staff handling investigations, the Ethics Board could remain impartial.
6. Information Dissemination: Staff could regularly update the public and employees on ethics issues.
7. Streamlined FDS Review: Full-time staff would manage FDS reviews, freeing the board to focus on significant matters.
I urge you to approve this essential resolution.
Aloha Chair U'u-Hodgins and members of the Maui County Council,
My name is Gerri Lewis and I was honored to serve on the County of Maui’s Board of Ethics as Chair in 2021 and 2023.
I am writing to support Resolution 24-95, proposing a charter amendment to authorize full-time staff for the Maui County Board of Ethics.
Employing and empowering a full time Ethics staff will allow the County of Maui to meet their required Hawaii State
Constitution mandates. The House Resolution points out that “limited or no staffing [as in the case of the BOE] prevents these county ethics
boards or commissions from sufficiently investigating complaints, providing
advice to current county employees, or offering trainings on how to follow the
pertinent code of ethics.”
I believe having a full-time staff is warranted for the following reasons:
First, without full-time staff, the BOE is unable to personally train and continuously educate Maui County elected officials, officers, board and commission members, and employees on ethics rules and laws. By not being able to train such personnel, it is difficult to demonstrate that a particular public employee charged
with ethics violations received the requisite notice of the acts that constitute ethics violations. As a twice-former Chair for the BOE, training is the best way to help ensure County Personnel not only receive adequate training in ethics laws and rules, but it also helps them avoid the pitfall of violating such laws and rules unwittingly.
Second, full-time staff would permit County Personnel to have direct and immediate access to the BOE which is not now possible. With full-time staff,
including an executive director, our employees would be able to give ethics advice to County Personnel on a daily basis. If in any given month the BOE lacks quorum, answers to related to ethics may be delayed for two months or longer.
Third, an independent staff would avoid the conflicts that arise when the Corporation Counsel is called upon to represent the BOE as well as County agencies, officers and employees who may have business before the BOE.
Fourth, without full-time staff, the BOE is currently unable to
independently investigate and prosecute ethics violations. That will be a TERRIBLE perception held by the community.
Fifth, the current way the BOE is currently set up under the rules, investigations of ethics violations require the Chair to consult ex parte with Corporation
Counsel about a complaint and then report on the same to the BOE. Yet, the BOE is a quasi-judicial body which is charged to hear and impartially decide
ethics violations. By receiving prior ex parte information from the “prosecutor” of a potential violation, the BOE is compromised in its ability to remain an
impartial body or at least ensure to the public and the alleged violator that the BOE is unbiased. Without full-time staff and under the current rules that
is not possible on Maui.
I strongly urge you to support Resolution 24-95, to help gain the public support our government needs.
Mahalo for the opportunity to submit this testimony.
Aloha Chair U'u-Hodgins and members of the Maui County Council,
My name is Gerri Lewis and I was honored to serve on the County of Maui’s Board of Ethics as Chair in 2021 and 2023.
I am writing to support Resolution 24-95, proposing a charter amendment to authorize full-time staff for the Maui County Board of Ethics.
Employing and empowering a full time Ethics staff will allow the County of Maui to meet their required Hawaii State
Constitution mandates. The House Resolution points out that “limited or no staffing [as in the case of the BOE] prevents these county ethics
boards or commissions from sufficiently investigating complaints, providing
advice to current county employees, or offering trainings on how to follow the
pertinent code of ethics.”
I believe having a full-time staff is warranted for the following reasons:
First, without full-time staff, the BOE is unable to personally train and continuously educate Maui County elected officials, officers, board and commission members, and employees on ethics rules and laws. By not being able to train such personnel, it is difficult to demonstrate that a particular public employee charged
with ethics violations received the requisite notice of the acts that constitute ethics violations. As a twice-former Chair for the BOE, training is the best way to help ensure County Personnel not only receive adequate training in ethics laws and rules, but it also helps them avoid the pitfall of violating such laws and rules unwittingly.
Second, full-time staff would permit County Personnel to have direct and immediate access to the BOE which is not now possible. With full-time staff,
including an executive director, our employees would be able to give ethics advice to County Personnel on a daily basis. If in any given month the BOE lacks quorum, answers to related to ethics may be delayed for two months or longer.
Third, an independent staff would avoid the conflicts that arise when the Corporation Counsel is called upon to represent the BOE as well as County agencies, officers and employees who may have business before the BOE.
Fourth, without full-time staff, the BOE is currently unable to
independently investigate and prosecute ethics violations. That will be a TERRIBLE perception held by the community.
Fifth, the current way the BOE is currently set up under the rules, investigations of ethics violations require the Chair to consult ex parte with Corporation
Counsel about a complaint and then report on the same to the BOE. Yet, the BOE is a quasi-judicial body which is charged to hear and impartially decide
ethics violations. By receiving prior ex parte information from the “prosecutor” of a potential violation, the BOE is compromised in its ability to remain an
impartial body or at least ensure to the public and the alleged violator that the BOE is unbiased. Without full-time staff and under the current rules that
is not possible on Maui.
I strongly urge you to support Resolution 24-95, to help gain the public support our government needs.
Mahalo for the opportunity to submit this testimony.
Aloha Chair U'u-Hodgins and members of the Maui County Council,
My name is Robert Harris, and I am the Executive Director and General Counsel of the Hawai‘i State Ethics Commission (“Commission”). The Commission respectfully supports Resolution 24-95, proposing a charter amendment to authorize full-time staff for the Maui County Board of Ethics. This Resolution helps ensure that Maui meets its constitutional requirement to uphold the highest standards of ethical conduct. Haw. Const. Article XIV.
Empowering the Maui Board of Ethics to hire independent, full-time staff is a crucial step toward enhancing the board's capacity to oversee and enforce ethical standards effectively. Full-time staff are essential for a range of critical functions, including education, advice, and enforcement, all of which are pivotal to maintaining high ethical standards in government.
Education is a foundational element of ethical governance. Full-time staff can develop and deliver comprehensive, tailored training programs for public officials and employees. These programs, designed to address specific scenarios and emerging ethical dilemmas, foster a culture of integrity and ethical awareness across all levels of government. Without dedicated staff, the board's ability to provide consistent and high-quality educational resources would be significantly hampered, potentially leading to unintentional ethical violations due to a lack of awareness.
State employees are now required to undertake ethics training every four years. Over the past two years, over 40,000 people participated in training with the Hawai‘i State Ethics Commission. See https://ethics.hawaii.gov/wp-content/uploads/2023HSECAnnualReport.pdf This significant milestone could not have happened without full-time staff support.
Moreover, independent staff are indispensable for offering timely and accurate advice to public officials who seek guidance on ethical matters. With full-time personnel, the board can ensure that advice is prompt, well-researched, and aligned with current ethical standards and regulations. This advisory role is crucial in preventing ethical breaches before they occur, promoting a proactive approach to ethical compliance.
Enforcement is another critical area where full-time staff support is vital. Independent staff can conduct thorough investigations into alleged ethical violations, ensuring each case is examined with the necessary depth and impartiality. They can also assist in preparing and presenting cases, providing the board with the expertise needed to make informed decisions. By having dedicated staff, the board can maintain a consistent and rigorous enforcement process, thereby upholding the integrity of the ethical standards and deterring future violations.
Empowering the Maui Board of Ethics to hire independent, full-time staff is essential for effectively executing its duties. This proposal not only strengthens the board's operational capabilities but also reinforces public trust in the commitment to maintaining high ethical standards within the government.
Mahalo for the opportunity to submit this testimony.
Aloha Chair Uʻu-Hodgins and members of the Maui County Council GREAT committee,
My name is Scott Parker and I currently serve on the Maui County Board of Ethics. I am writing in support of Resolution 24-95.
In its current form, the Board of Ethics, “initiates, receives, hears and investigates complaints of violations of the County Ethics Code by employees and officers of the County. Initiates impeachment proceedings against elected officials and officers appointed to elective office who have been found in violation of the Code of Ethics of the County. Renders advisory opinions on potential conflicts of interest for officers and employees. Prescribes forms for disclosure and examines disclosure statements (FDS) filed. Comments on or advises corrective action on any matters which may indicate a conflict of interest.”
Keeping with the spirit of State House Resolution 8 (2023), in recognition of the outlined kuleana for the Board, and in consideration of the membership of the Board who make up citizens of the county of Maui (who may or may not have the experience of expertise with regards to legal, investigative, or impeachment) it will be essential for the Board of Ethics to have funded full-time staff of which at least an Executive Director, legal counsel/staff attorney, secretary, and investigator be included.
A full-time staff (comprised of the positions noted above) would allow the Board of Ethics to fulfill its obligations with efficiency and resolve by:
• Providing advice to county employees (be it civil service, appointed, or elected) in an expedient manner through informal decisions/recommendations until the full board can take the matter up in a regularly scheduled meeting
• Scheduling and providing regular ethics trainings to civil service, appointed, or elected officials of the County of Maui to ensure compliance with all ethics rules
• Providing clear lines of distinction of leadership, guidance, and advice separate from the current structure where Corporation Counsel is the legal advisor to the Board of Ethics, and may also at times be the legal representative of employees of the county on matters before the Board
• Ensuring independent investigations and when applicable discipline when the County Ethics Code is violated
• Allowing the Board to determine ethics violations without also having to be the investigator and adjudicator
• Disseminating information to the public and/or public employees on ethics issues on a regular and frequent basis
• Reviewing and noting Financial Disclosure Statements (FDS) that are submitted with information provided to the Board when significant anomalies or conflicts are identified for Board action
Dear Chair Nohelani U'u-Hodgins and committee members: I am Michael A. Lilly, Vice Chair of the Maui Ethics Board. I strongly support Resolution 24-95. Creating full-time staff, consisting of at a minimum an Executive Director/Legal Counsel, secretary, and investigator would greatly benefit the effectiveness of your Maui Ethics Board in the following respects. First, we are amending our rules to allow for staff to give informal advice to county public employees and elected officials. Normally, you have to wait a month or two to get ethics advice from your Ethics Board. Full time staff could do that on an informal basis by phone. Second, unlike other ethics boards such as the Honolulu Ethics Commission, your Ethics Board is unable to train public employees and elected officials on ethics rules and laws. Full time staff could take on this important function. Third, full time staff would avoid conflicts when the corporation counsel represents both the ethics board and county employees, boards, etc with business befor the board. Fourth, lack of full time staff makes it virtually impossible for us to independently investigate and prosecute ethics violations. Fifth, full time staff would alleviate the current process that involves the Ethics Board in investigations of ethics violations. As a quasi judicial body that adjudicates ethics violations, we must remain unbiased and uninvolved in ethics investigations. Sixth, with full time staff, we would be able to disseminate information to the public and to public employees on ethics issues on a daily basis. Finally, full time staff would alleviate the board from having to review every filed FDS at board meetings. I was on the Honolulu Ethics Commission for nine years and the only time I reviewed an FDS was during the course of the results of an ethics investigation. I ask that you please approve this very important resolution.
Aloha Chair Nohelani U'u-Hodgins and committee members:
My name is Myles Kawakami, and as resident of Maui County, I strongly support Resolution 24-95. Establishing full-time staff, including an Executive Director/Legal Counsel, secretary, and investigator.
Aloha Chair Nohelani U'u-Hodgins and committee members,
My name is Justin Knowles, and as a resident of Maui County, I strongly support Resolution 24-95. Establishing full-time staff, including an Executive Director/Legal Counsel, secretary, and investigator, is crucial for the effectiveness and integrity of our Board of Ethics.
Having full-time staff dedicated to the Board of Ethics will ensure that ethical standards are upheld consistently and promptly. With an independent team, the Board will be better equipped to investigate complaints thoroughly, provide timely advice to county employees, and offer comprehensive training on ethics rules and regulations. This move will not only enhance the Board's ability to function impartially but also build greater trust within our community by demonstrating a firm commitment to ethical governance.
Moreover, the presence of a full-time Executive Director/Legal Counsel will provide the Board with the necessary legal expertise to navigate complex ethical issues and ensure that all actions are in compliance with county and state laws. A dedicated secretary will support the administrative needs, ensuring that all records and communications are managed efficiently. An investigator will play a pivotal role in conducting thorough and unbiased investigations into any ethical breaches, thereby reinforcing the Board's role as a watchdog for integrity in our local government.
In light of recent challenges and the need for robust ethical oversight, the establishment of full-time staff for the Board of Ethics is a timely and necessary step. I urge you to pass Resolution 24-95 and provide the Board with the resources it needs to serve our community effectively.
Mahalo for your consideration.
Sincerely,
Justin D. Knowles
Maui County Resident
Aloha Chair Nohelani U'u-Hodgins and committee members: My name is Laurie Wong-Nowinski and I have been on staff with the Honolulu Ethics Commission since 2010. However, I write this testimony in my personal capacity and do not represent the official views of the Honolulu Ethics Commission. Like our own Ethics Commission, the Maui Board of Ethics' workload has grown since inception. In order to carry out the mandates of the charter, the Maui Board of Ethics needs staffing resources that are dedicated to the Board. In addition, the Board should be supported by its own staff to avoid conflicts of interest with the Corporation Counsel. These were the very reasons that the Honolulu Ethics Commission was allocated its own staff also via resolution for charter amendment. I urge you to pass this resolution and give the electorate the opportunity to determine whether the Board of Ethics should have its own staff.
Mahalo for the opportunity to testify in support of this reso.
Laurie Wong-Nowinski
Aloha Chair Nohelani U'u-Hodgins and committee members:
My name is Shaun Waite
I am a resident of Maui County, and I strongly support Resolution 24-95. Establishing full-time staff, including an Executive Director/Legal Counsel, secretary, and investigator.
Chair Nohelani U’u-Hodgins and Committee Members:
I am Wesley Fong a commissioner and chair of the State Ethics Commission and I am writing this testimony in my individual capacity.
I would like to lend support to Resolution 24-49 both in providing necessary staff sufficient in helping the Maui Commission carry out its assigned duties and increasing the tenure of Maui Ethics commissioners. I believe that both proposals are essential and will allow the Maui Commission to fulfill its duties as dedicated volunteers.
Our state commission has only five commissioners and a staff of twelve including six attorneys, an investigator and clerical staff plus an executive director who manages the office and staff. With many ethical complaints from state employees and the public notwithstanding, as a volunteer who was vetted by the State Judicial Council and appointed by the Governor, I can attest to the fact that we commissioners could not fulfill our duties in training, enforcing and providing advice on the state ethics laws without such a staff.
The six attorneys provide advice to state officials and employees regarding state ethics. In addition, they also investigate, enforce and make recommendations to the commission for the prosecution of state ethics law violations by state employees and state boards and commissions. There are over 60,000 personnel under our jurisdiction.
Our term in office is for four years and we can reapply for another four year term. Personally speaking and as chair, having commissioners serving for two terms brings continuity, proficiency and knowledge in fulfilling our duties as commissioners. We had two commissioners (one just passed away) from Kauai and there are three from Oahu. Some of our commissioners attend monthly meetings via webex. We are now in the process of getting another commissioner to fill the vacancy.
I urge passage of Resolution 24-49.
Mahalo,
Wesley F. Fong
Aloha Chair Nohelani U'u-Hodgins and committee members:
My name is Steven Sturdevant and as Chair of the Maui Ethics Board, I strongly support Resolution 24-95. Establishing full-time staff, including an Executive Director/Legal Counsel, secretary, and investigator, would significantly enhance our effectiveness in several ways:
1. Informal Advice: Staff could provide timely ethics advice to public employees and officials, reducing the current wait time of one to two months.
2. Training: we currently cannot train employees and officials on ethics rules, a gap full-time staff could fill.
3. Conflict Avoidance: Dedicated staff would eliminate conflicts of interest involving the corporation counsel.
4. Investigations: Full-time staff would enable independent investigation and prosecution of ethics violations.
5. Unbiased Adjudication: With staff handling investigations, the Ethics Board could remain impartial.
6. Information Dissemination: Staff could regularly update the public and employees on ethics issues.
7. Streamlined FDS Review: Full-time staff would manage FDS reviews, freeing the board to focus on significant matters.
I urge you to approve this essential resolution.
Aloha Chair U'u-Hodgins and members of the Maui County Council,
My name is Gerri Lewis and I was honored to serve on the County of Maui’s Board of Ethics as Chair in 2021 and 2023.
I am writing to support Resolution 24-95, proposing a charter amendment to authorize full-time staff for the Maui County Board of Ethics.
Employing and empowering a full time Ethics staff will allow the County of Maui to meet their required Hawaii State
Constitution mandates. The House Resolution points out that “limited or no staffing [as in the case of the BOE] prevents these county ethics
boards or commissions from sufficiently investigating complaints, providing
advice to current county employees, or offering trainings on how to follow the
pertinent code of ethics.”
I believe having a full-time staff is warranted for the following reasons:
First, without full-time staff, the BOE is unable to personally train and continuously educate Maui County elected officials, officers, board and commission members, and employees on ethics rules and laws. By not being able to train such personnel, it is difficult to demonstrate that a particular public employee charged
with ethics violations received the requisite notice of the acts that constitute ethics violations. As a twice-former Chair for the BOE, training is the best way to help ensure County Personnel not only receive adequate training in ethics laws and rules, but it also helps them avoid the pitfall of violating such laws and rules unwittingly.
Second, full-time staff would permit County Personnel to have direct and immediate access to the BOE which is not now possible. With full-time staff,
including an executive director, our employees would be able to give ethics advice to County Personnel on a daily basis. If in any given month the BOE lacks quorum, answers to related to ethics may be delayed for two months or longer.
Third, an independent staff would avoid the conflicts that arise when the Corporation Counsel is called upon to represent the BOE as well as County agencies, officers and employees who may have business before the BOE.
Fourth, without full-time staff, the BOE is currently unable to
independently investigate and prosecute ethics violations. That will be a TERRIBLE perception held by the community.
Fifth, the current way the BOE is currently set up under the rules, investigations of ethics violations require the Chair to consult ex parte with Corporation
Counsel about a complaint and then report on the same to the BOE. Yet, the BOE is a quasi-judicial body which is charged to hear and impartially decide
ethics violations. By receiving prior ex parte information from the “prosecutor” of a potential violation, the BOE is compromised in its ability to remain an
impartial body or at least ensure to the public and the alleged violator that the BOE is unbiased. Without full-time staff and under the current rules that
is not possible on Maui.
I strongly urge you to support Resolution 24-95, to help gain the public support our government needs.
Mahalo for the opportunity to submit this testimony.
Aloha Chair U'u-Hodgins and members of the Maui County Council,
My name is Gerri Lewis and I was honored to serve on the County of Maui’s Board of Ethics as Chair in 2021 and 2023.
I am writing to support Resolution 24-95, proposing a charter amendment to authorize full-time staff for the Maui County Board of Ethics.
Employing and empowering a full time Ethics staff will allow the County of Maui to meet their required Hawaii State
Constitution mandates. The House Resolution points out that “limited or no staffing [as in the case of the BOE] prevents these county ethics
boards or commissions from sufficiently investigating complaints, providing
advice to current county employees, or offering trainings on how to follow the
pertinent code of ethics.”
I believe having a full-time staff is warranted for the following reasons:
First, without full-time staff, the BOE is unable to personally train and continuously educate Maui County elected officials, officers, board and commission members, and employees on ethics rules and laws. By not being able to train such personnel, it is difficult to demonstrate that a particular public employee charged
with ethics violations received the requisite notice of the acts that constitute ethics violations. As a twice-former Chair for the BOE, training is the best way to help ensure County Personnel not only receive adequate training in ethics laws and rules, but it also helps them avoid the pitfall of violating such laws and rules unwittingly.
Second, full-time staff would permit County Personnel to have direct and immediate access to the BOE which is not now possible. With full-time staff,
including an executive director, our employees would be able to give ethics advice to County Personnel on a daily basis. If in any given month the BOE lacks quorum, answers to related to ethics may be delayed for two months or longer.
Third, an independent staff would avoid the conflicts that arise when the Corporation Counsel is called upon to represent the BOE as well as County agencies, officers and employees who may have business before the BOE.
Fourth, without full-time staff, the BOE is currently unable to
independently investigate and prosecute ethics violations. That will be a TERRIBLE perception held by the community.
Fifth, the current way the BOE is currently set up under the rules, investigations of ethics violations require the Chair to consult ex parte with Corporation
Counsel about a complaint and then report on the same to the BOE. Yet, the BOE is a quasi-judicial body which is charged to hear and impartially decide
ethics violations. By receiving prior ex parte information from the “prosecutor” of a potential violation, the BOE is compromised in its ability to remain an
impartial body or at least ensure to the public and the alleged violator that the BOE is unbiased. Without full-time staff and under the current rules that
is not possible on Maui.
I strongly urge you to support Resolution 24-95, to help gain the public support our government needs.
Mahalo for the opportunity to submit this testimony.
Aloha Chair U'u-Hodgins and members of the Maui County Council,
My name is Robert Harris, and I am the Executive Director and General Counsel of the Hawai‘i State Ethics Commission (“Commission”). The Commission respectfully supports Resolution 24-95, proposing a charter amendment to authorize full-time staff for the Maui County Board of Ethics. This Resolution helps ensure that Maui meets its constitutional requirement to uphold the highest standards of ethical conduct. Haw. Const. Article XIV.
Empowering the Maui Board of Ethics to hire independent, full-time staff is a crucial step toward enhancing the board's capacity to oversee and enforce ethical standards effectively. Full-time staff are essential for a range of critical functions, including education, advice, and enforcement, all of which are pivotal to maintaining high ethical standards in government.
Education is a foundational element of ethical governance. Full-time staff can develop and deliver comprehensive, tailored training programs for public officials and employees. These programs, designed to address specific scenarios and emerging ethical dilemmas, foster a culture of integrity and ethical awareness across all levels of government. Without dedicated staff, the board's ability to provide consistent and high-quality educational resources would be significantly hampered, potentially leading to unintentional ethical violations due to a lack of awareness.
State employees are now required to undertake ethics training every four years. Over the past two years, over 40,000 people participated in training with the Hawai‘i State Ethics Commission. See https://ethics.hawaii.gov/wp-content/uploads/2023HSECAnnualReport.pdf This significant milestone could not have happened without full-time staff support.
Moreover, independent staff are indispensable for offering timely and accurate advice to public officials who seek guidance on ethical matters. With full-time personnel, the board can ensure that advice is prompt, well-researched, and aligned with current ethical standards and regulations. This advisory role is crucial in preventing ethical breaches before they occur, promoting a proactive approach to ethical compliance.
Enforcement is another critical area where full-time staff support is vital. Independent staff can conduct thorough investigations into alleged ethical violations, ensuring each case is examined with the necessary depth and impartiality. They can also assist in preparing and presenting cases, providing the board with the expertise needed to make informed decisions. By having dedicated staff, the board can maintain a consistent and rigorous enforcement process, thereby upholding the integrity of the ethical standards and deterring future violations.
Empowering the Maui Board of Ethics to hire independent, full-time staff is essential for effectively executing its duties. This proposal not only strengthens the board's operational capabilities but also reinforces public trust in the commitment to maintaining high ethical standards within the government.
Mahalo for the opportunity to submit this testimony.
Aloha Chair Uʻu-Hodgins and members of the Maui County Council GREAT committee,
My name is Scott Parker and I currently serve on the Maui County Board of Ethics. I am writing in support of Resolution 24-95.
In its current form, the Board of Ethics, “initiates, receives, hears and investigates complaints of violations of the County Ethics Code by employees and officers of the County. Initiates impeachment proceedings against elected officials and officers appointed to elective office who have been found in violation of the Code of Ethics of the County. Renders advisory opinions on potential conflicts of interest for officers and employees. Prescribes forms for disclosure and examines disclosure statements (FDS) filed. Comments on or advises corrective action on any matters which may indicate a conflict of interest.”
Keeping with the spirit of State House Resolution 8 (2023), in recognition of the outlined kuleana for the Board, and in consideration of the membership of the Board who make up citizens of the county of Maui (who may or may not have the experience of expertise with regards to legal, investigative, or impeachment) it will be essential for the Board of Ethics to have funded full-time staff of which at least an Executive Director, legal counsel/staff attorney, secretary, and investigator be included.
A full-time staff (comprised of the positions noted above) would allow the Board of Ethics to fulfill its obligations with efficiency and resolve by:
• Providing advice to county employees (be it civil service, appointed, or elected) in an expedient manner through informal decisions/recommendations until the full board can take the matter up in a regularly scheduled meeting
• Scheduling and providing regular ethics trainings to civil service, appointed, or elected officials of the County of Maui to ensure compliance with all ethics rules
• Providing clear lines of distinction of leadership, guidance, and advice separate from the current structure where Corporation Counsel is the legal advisor to the Board of Ethics, and may also at times be the legal representative of employees of the county on matters before the Board
• Ensuring independent investigations and when applicable discipline when the County Ethics Code is violated
• Allowing the Board to determine ethics violations without also having to be the investigator and adjudicator
• Disseminating information to the public and/or public employees on ethics issues on a regular and frequent basis
• Reviewing and noting Financial Disclosure Statements (FDS) that are submitted with information provided to the Board when significant anomalies or conflicts are identified for Board action
Dear Chair Nohelani U'u-Hodgins and committee members: I am Michael A. Lilly, Vice Chair of the Maui Ethics Board. I strongly support Resolution 24-95. Creating full-time staff, consisting of at a minimum an Executive Director/Legal Counsel, secretary, and investigator would greatly benefit the effectiveness of your Maui Ethics Board in the following respects. First, we are amending our rules to allow for staff to give informal advice to county public employees and elected officials. Normally, you have to wait a month or two to get ethics advice from your Ethics Board. Full time staff could do that on an informal basis by phone. Second, unlike other ethics boards such as the Honolulu Ethics Commission, your Ethics Board is unable to train public employees and elected officials on ethics rules and laws. Full time staff could take on this important function. Third, full time staff would avoid conflicts when the corporation counsel represents both the ethics board and county employees, boards, etc with business befor the board. Fourth, lack of full time staff makes it virtually impossible for us to independently investigate and prosecute ethics violations. Fifth, full time staff would alleviate the current process that involves the Ethics Board in investigations of ethics violations. As a quasi judicial body that adjudicates ethics violations, we must remain unbiased and uninvolved in ethics investigations. Sixth, with full time staff, we would be able to disseminate information to the public and to public employees on ethics issues on a daily basis. Finally, full time staff would alleviate the board from having to review every filed FDS at board meetings. I was on the Honolulu Ethics Commission for nine years and the only time I reviewed an FDS was during the course of the results of an ethics investigation. I ask that you please approve this very important resolution.