ADVISORY OPINION 2022-2

from Honolulu Ethics Commission, June 30, 2022

I. SUMMARY

A City officer failed to file an annual Financial Disclosure form pursuant to Revised Ordinances of Honolulu (“ROH”) Sec. 3-8.4(b)(2). After hearing and review, the Honolulu Ethics Commission (“Commission”) imposed a fine of $100 on the City officer, and recommends to the City officer’s Appointing Authority that the City officer be removed as a City officer.

II. BACKGROUND INFORMATION

At all times relevant herein a City officer who was a member on a certain City board (“Board Member”) was required to follow the City’s Standards of Conduct, Revised Charter of Honolulu (“RCH”) Secs. 11-101 through 11-107 and ROH Secs. 3-8.1 et seq., and was subject to the jurisdiction of the Commission.

The Board Member was required to file an annual financial disclosure form by January 31, 2022. The Board Member failed to file said disclosure by the deadline.

On March 16, 2022, Commission staff attempted to serve the Board Member a Notice of Violation and Notice of Hearing for Order to Show Cause Why Board Member Should Not Be Fined (collectively referred to herein as “Notice”). The attempted service failed, as the Notice was held at the post office per the Board Member’s request and was subsequently returned to the Commission office on or about April 20, 2022.

On May 9, 2022, Commission staff again sent the Board Member the Notice; said Notice was received by the Board Member on or about May 13, 2022 via certified mail.

III. HEARING AND CONCLUSION

On June 15, 2022, the Board Member failed to appear at the Hearing for Order to Show Cause. At the Hearing, the Commission concluded the following:

1. The Board Member violated ROH Sec. 3-8.4(b)(2) by failing to file the Board Member’s annual financial disclosure form by January 31, 2022.

2. The Commission staff served the required Notice on the Board Member pursuant to ROH Sec. 3-8.4(f)(1)(A) and Hawaii Revised Statutes (“HRS”) Sec. 91-9.5.

3. The Board Member had appropriate notice and opportunity to be heard as required by ROH Sec. 3-8.4(f)(1)(A) and HRS Sec. 91-9.5.

The Commission issued the following decision and order:

1. The Commission hereby imposes a civil fine of $100 on the Board Member pursuant to ROH Sec. 3-8.4(f)(1)(A).

2. The Board Member failed to file the Board Member’s annual financial disclosure form within 30 days of receipt of the Notice (June 13, 2022), therefore, the Commission hereby recommends to the Board Member’s Appointing Authority that the Board Member should be removed from the Board pursuant to ROH Sec. 3-8.4(f)(1)(B)(i) and 3-8.5(a).

APPROVED:

DATED: June 30, 2022

DAVID B. MONK, Chair Honolulu Ethics Commission

  *   *   *   *   *

PDF: ADVISORY OPINION 2022-3 June 30, 2022 (A different board member fails to file disclosure but apparently files after being warned by Ethics Commission.)