LIHU‘E — Before the Kaua‘i Board of Ethics can opine on the law, it needs to interpret the law. Section 20.02D of the Kaua‘i County Charter states that “No officer of employee of the county shall appear in behalf of
LIHU‘E — Before the Kaua‘i Board of Ethics can opine on the law, it needs to interpret the law.
Section 20.02D of the Kaua‘i County Charter states that “No officer of employee of the county shall appear in behalf of private interests before any county board, commission or agency.”
But what do the words “appear” and “private interest” mean? The board on Thursday started its journey toward answering those questions.
Board Vice Chair Mark Hubbard tried his hand at playing dictionary author, providing a draft declaratory order “in the hopes that the result will be a more uniform compliance” with the charter.
Hubbard said during the meeting that the order was “my attempt at resolving temporarily this situation with 20.02D” because the board has thus far been “beating around the bush.”
The draft order, as written, defined “appear” as “providing of oral testimony by a personal presence at a meeting or hearing of a board, commission, council or agency,” but discussion during Thursday’s meeting resulted in adding written testimony to that definition.
The interpretation would not limit the authority of those governmental bodies from requesting the appearance of any individual to answer questions, and would not “deny any individual’s right to testify at a public hearing regarding their personal opinions.”
Hubbard went on to define “private interests” as all corporate or organizational entities excluding governmental agencies or those exclusively serving the public interest, specifically identifying 501(c)3 tax-exempt organizations as qualifying.
“A public interest shall mean the interest of all the citizens of Kaua‘i or a substantial subset of citizens of Kaua‘i,” the order read.
“The board understands that this order deviates from previous advisory opinions and urges all employees and officers of the county to reconsider their future actions in light of the above,” the order concludes.
Board secretary Paul Weil, a longtime attorney, said certain parts of the order were “flat out wrong,” but he joined Chair Leila Fuller and others in thanking Hubbard for his efforts in creating “a good working document.”
Hubbard said after the meeting that he based his work in part on testimony submitted last month by Walter Lewis, and added that he is much more concerned with “back room” dealings than he is with those county employees who state their opinions during open meetings.
Hubbard will work on the order in advance of the next Board of Ethics meeting, scheduled for Oct. 15.
