2026-09-23 - Special Executive Management

02:24>>Chair Waters: ALOHA,

02:26EVERYONE.

02:26GOOD AFTERNOON.

02:28IT IS 2:35 P.M. ON WEDNESDAY,

02:31SEPTEMBER 23RD, 2026.

02:33I'D LIKE TO CALL THE COMMITTEE

02:35ON EXECUTIVE MANAGEMENT TO

02:37ORDER.

02:38I'D LIKE TO WELCOME COMMITTEE

02:40MEMBERS NISHIMOTO AND KIA'AINA

02:43AND OKIMOTO.

02:44THANK YOU FOLKS FOR BEING HERE.

02:47ALTHOUGH REMOTE ORAL TESTIMONY

02:50IS FORBIDDEN, THIS IS AN

02:53IN-PERSON MEETING.

02:55UNDER SECTION 92-3.7, THEREFORE

02:59MEETING WILL CONTINUE NOT WITH

03:02STANDING AUDIO AND VISUAL

03:06COMMUNICATION.

03:06MEMBERS OF THE PUBLIC WILL BE

03:07ALLOWED TO PROVIDE ORAL

03:09TESTIMONY ON ALL ITEMS IN-PERSON

03:11IN THE CAME CLER AND REMOTELY

03:14WHEN EACH AGENDA IS TAKEN UP.

03:16ENGLISH AND HAWAIIAN ARE HE

03:18FIGURE LANGUAGES OF THE STATE OF

03:21HAWAI'I.

03:28PURSUANT TO ARTICLE 15, SECTION

03:284 OF THE HAWAI'I STATE

03:29CONSTITUTION IN SECTION 1-13 OF

03:31THE HAWAI'I REVISED STATUTES,

03:34MEMBERS OF THE PUBLIC MAY

03:34TESTIFY IN EITHER LANGUAGE.

03:36FOR ORAL TESTIMONIES OFFERED IN

03:37OLELO HAWAI'I, ADDITIONAL TIME

03:37MAY BE NECESSARY WILL BE ALLOWED

03:38FOR THE TESTIFIER TO PROVIDE AN

03:39ENGLISH TRANSLATION OF THEIR

03:40TESTIMONY.

03:40150E67 PERSON SHALL STATE THEIR

03:42FULL NAME.

03:46EACH SPEAKER SHALL NOT HAVE

03:48ANYONE READ THEIR STATEMENTS.

03:50ALL PERSONS REGISTERED TO

03:51TESTIFY IN PERSON WILL BE CALLED

03:52FIRST.

03:53WHEN M TIMER GOES OFF, PLEASE

03:55CONCLUDE PROMPTLY.

03:57PERSONS WHO HAVE NOT REGISTERED

03:58WILL BE GIVEN AN OPPORTUNITY TO

04:00TESTIFY FOLLOWING THE REGISTERED

04:01TESTIFIERS.

04:02ONCE IN-PERSON TESTIMONY HAS

04:04CONCLUDE U I'LL PROCEED TO

04:06REMOTE TESTIMONY.

04:07ALL PERSONS WHO HAVE REGISTERED

04:09TO TESTIFY BY INDIVIDUAL OR

04:11TELEPHONE WILL BE CALLED.

04:12WHEN YOUR NAME IS CALLED, PLEASE

04:14MONITOR YOUR SCREEN AND ACTIVATE

04:17YOUR AUDIO FEED WHEN PROPERTIED.

04:20THOSE TESTIFYING BY TELEPHONE

04:22ONLY, I WILL IDENTIFY YOU BY THE

04:24LAST THREE DIGITS OF YOUR

04:26NUMBER.

04:28UNMUTE AND STAR SIX.

04:29WHEN I CALL FOR ANYONE ELSE,

04:33PLEASE USE THE ZOOM RAISE HAND

04:36TO IND KATE YOUR DESIRE TO

04:39SPEAK.

04:40FRIENDLY REMINDERS AND TIPS,

04:42VIDEOCONFERENCE FROM A QUIET

04:43LOCATION IF POSSIBLE.

04:44IF YOU'RE WATCHING THE

04:46PROCEEDINGS ON OLELO, PLEASE

04:48MUTE YOUR TELEVISION WHEN YOU'RE

04:50CALLED TO TESTIFY.

04:52WHEN THE TIMER REACHES ZERO,

04:54PLEASE CONCLUDE YOUR REMARKS.

04:57WRITTEN TESTIMONY INCLUDING THE

04:59TESTIFIER'S ADDRESS, E-MAIL

05:00ADDRESS AND PHONE NUMBER WILL BE

05:03AVAILABLE.

05:06PLEASE TURN OFF ALL CELL PHONES

05:08FOR THE DURATION OF THE MEETING.

05:10ITEM ONE, 26 ON

05:24UPDATE.

05:24BEFORE US IS A PROPOSED

05:26AMENDMENT THAT WILL ESTABLISH A

05:27CLEAR RESTRICTION ON TAXPAYER

05:30MASS COMMUNICATION.

05:32DURING THE PERIOD IMMEDIATELY

05:40AN ELECTION.

05:41TO ENSURE THAT THE PUBLIC

05:42RESOURCES ARE NEVER USED.

05:44OR PERCEIVED TO BE USED.

05:46TO PROVIDE AN ELECTORAL

05:47ADVANTAGE TO AN INCUMBENT.

05:53AT PRESENT HONOLULU HAS NO RULEY

06:05OBSERVED A 60 DAY BLACKOUT

06:09PRACTICE.

06:10I FOLLOWED THAT PRACTICE.

06:11EVEN WHEN IT WAS NOT REQUIRED

06:14HERE.

06:14I BELIEVE IT IS IMPORTANT TO

06:16SAFEGUARD THE PUBLIC TRUST.

06:18THAT CONTEXT IS PARTICULARLY

06:20IMPORTANT BECAUSE RECENT

06:22REPORTING FOCUSED ON -- HEAVILY

06:23ON ONE OF MY STOOD STOODS AND

06:27CREATED A DIFFERENT IMPRESSION.

06:31WITHOUT CLEARLY ACKNOWLEDGING MY

06:34MAIL IN WAS SENT.

06:35ALTHOUGH THE COUNCIL HAD NO

06:37WRITTEN RULE AT THE TIME, I

06:41NEVERLESS OBSERVED THAT

06:44RESTRAINT.

06:46THE MEASURE BEFORE US IS NOT

06:47INTENDED TO LIMIT LEGITIMATE

06:54CONSTITUENT SERVICES.

06:56IT WOULD ESTABLISH A CLEAR AND

06:57CONSISTENT STANDARD FOR WHEN

06:59TAXPAYER MASS MAILINGS SHOULD

07:02PAUSE AS AN ELECTION APPROACHES.

07:05A WRITTEN RULE WILL GIVE

07:07COUNCILMEMBERS, STAFF AND PUBLIC

07:08A COMMON UNDERSTANDING OF WHERE

07:09THE LINE LIES BETWEEN OFFICIAL

07:12COMMUNICATIONS AND CAMPAIGN.

07:13THE ISSUE HAS APPROPRIATELY

07:16GENERATED PUBLIC DISCUSSION AND

07:16THE ETHICS COMMISSION IS

07:19CONSIDERING A SIMILAR POLICY.

07:20IN MY VIEW THERE'S NO REASON FOR

07:22THE COUNCIL TO WAIT TO FORMALIZE

07:26BEST PRACTICE.

07:27IT'S COUNTY SILLED HAS THE

07:31AUTHORITY TO ESTABLISH

07:36INTERNAL STANDARDS GOVERNING

07:39PUBLIC RESOURCES.

07:40THIS IS THE BODY OF RULES AND IT

07:45DETAILS DESERVE THOUGHTFUL

07:46CONSIDERATION.

07:47I WELCOME DISCUSSION REGARDING

07:49THE SCOPE OF THE RESTRICTION,

07:52THE DEFINITION OF MASS

07:53COMMUNICATION, LENGTH AND TIMING

07:54OF THE BLACKOUT PERIOD AND ANY

07:57NECESSARY EXCEPTIONS FOR

07:58EMERGENCY NOTICES, PUBLIC SAFETY

08:00INFORMATION OR ESSENTIAL

08:02COMMUNICATIONS.

08:03TODAY'S DISCUSSION GIVES US THE

08:07OPPORTUNITY TO ENSURE THE FINAL

08:08CLUE IS YEAR, WORKABLE AND

08:10APPLIED TO EVERY MEMBER.

08:12I LOOK FORWARD TO THE

08:14COMMITTEE'S DISCUSSION AND

08:15RECOMMENDATIONS ON THE ISSUE.

08:17I BELIEVE WE HAVE ONE IN-PERSON

08:21REGISTERED TESTIFIER.

08:22SANDY MA FROM THE HONOLULU

08:24ETHICS COMMISSION.

08:25ALOHA AND WELCOME AND THANK YOU

08:27FOR BEING HERE TODAY.

08:43>>Testifier: GOOD AFTERNOON,

08:44CHAIR, VICE CHAIR AND MEMBERS OF

08:45THE COMMITTEE.

08:46MY NAME IS SANDY MA.

08:48I'M THE NEW EXECUTIVE DIRECTOR

08:50AND LEGAL COUNSEL FOR THE

08:52HONOLULU ETHICS COMMISSION.

08:53THANK YOU FOR HAVING ME HERE

08:54TODAY.

08:55I'M HERE TO TESTIFY AND GIVE

08:57COMMENTS ON RESOLUTION 26-10.

09:02THIS RESOLUTION AND MATTERS

09:05CONTAINED HERE IN HAVE NOT BEEN

09:09FORMERRALLY SUPPORTED BY

09:10HONOLULU ETHICS COMMIXES.

09:13MY COMMENTS HERE ARE JUST

09:14COMMENTS.

09:15SO WE RESPECTFULLY RAISE

09:18QUESTIONS REGARDING THIS

09:20RESOLUTION.

09:21REGARDING THE DISTRIBUTION OF

09:24200 OR LESS INDIVIDUALS.

09:27WE JUST PROVIDE COMMENTS

09:28REGARDING THE NUMBER, 200, ON

09:31THE FEDERAL SIDE REGARDING

09:33FEDERAL DISTRIBUTION.

09:33THE NUMBER IS 500.

09:36THE AREA COVERED BY FEDERAL

09:38DISTRIBUTION AND THEIR

09:41CONSTITUENTS ARE MUCH GREATER

09:43AND THE AREA COVERED HERE IS

09:45200.

09:45THAT IS JUST A COMMENT.

09:49ALSO, THE MASTER DISTRIBUTION

09:50DOES NOT LIMIT IT TO PROHIBIT

09:55SERIAL DISTRIBUTION.

09:56THE ISSUE IS THERE SERIOUS

09:58DISTRIBUTION, YOU COULD SEND OUT

10:02200 AND ANOTHER 200 AND ANOTHER

10:05200 AND THE BLACKOUT DATE KICKS

10:08IN.

10:08THAT IS ONE COMMITMENT I'M

10:10RAISING AND THIRD AND FINAL

10:12COMMENT IS IF YOU HAVE NOT

10:13ALREADY, YOU MAY WANT TO DISCUSS

10:16THIS RESOLUTION WITH THE CLERK'S

10:19OFFICE.

10:19WE ARE A VOTE BY MAIL STATE, AND

10:23THE 60 DAYS TIME PERIOD SHOULD

10:26BEING CONSISTENT WITH THE VOTINE

10:32MAIL BALLOTS.

10:33THANK YOU VERY MUCH.

10:34AND I'M AVAILABLE FOR ANY

10:36QUESTIONS.

10:36>>Chair Waters: THANK YOU SO

10:38MUCH.

10:38MEMBERS, ANY QUESTIONS FOR SANDY

10:42MA?

10:42COUNCILMEMBER NISHIMOTO.

10:43>>Councilmember Nishimoto:

10:44THANK YOU FOR YOUR TESTIMONY.

10:45SO YOUR TESTIMONY'S PERSONAL

10:48THEN?

10:50>>Testifier: THANK YOU,

10:51COUNCIL.

10:52IT IS ON BEHALF OF THE STAFF.

10:54IT IS NOT PERSONAL.

10:56THIS IS A STAFF.

10:57>>Councilmember Nishimoto: BUT

10:58NOT THE COMMISSION?

10:59>>Testifier: NOT THE

11:00COMMISSION.

11:00YOU ARE CORRECT.

11:02>>Councilmember Nishimoto:

11:02THANK YOU.

11:03>>Chair Waters: COUNCILMEMBER

11:03OKIMOTO.

11:03>>Councilmember Okimoto: THANK

11:05YOU, CHAIR.

11:08YOU SAID 200 OR LESS?

11:10IS THAT WHAT I HEARD YOU SAY?

11:12BECAUSE THE RESO SAYS 201.

11:17>>Testifier: RULE 37 PREVENTS

11:20200 OR LESS INDIVIDUALS.

11:22>>Councilmember Okimoto: YOUR

11:23CONCERN IS BECAUSE IT SAYS 200

11:26OR MORE?

11:26>>Testifier: ON THE FEDERAL

11:30COUNTERPART, IT'S 500.

11:32I WAS COMMENTING ON THE THE

11:34SCOAB.

11:34>>Councilmember Okimoto: OKAY.

11:36THANK YOU, CHAIR.

11:36>>Chair Waters: THANK YOU.

11:37ANY QUESTIONS?

11:40COUNCILMEMBER KIA'AINA?

11:43NO THREE VERY GOOD POINTS.

11:46WE'LL GET TO THOSE THREE POINTS.

11:47THE LEGISLATURE HAS A SIMILAR

11:49RULE, RIGHT?

11:50CAN YOU TELL US WHAT THE

11:51LEGISLATURE DOES?

11:52>>Testifier: THANK YOU, CHAIR.

11:54ACTUALLY THE STATE HOUSE OF

11:57REPRESENTATIVES.

11:57IT DOES NOT APPEAR THE STATE

11:59SENATE HAS A BLACKOUT PERIOD.

12:02>>Chair Waters: OKAY.

12:03WHAT IS THE BLACKOUT PERIOD FOR

12:07THE STATE HOUSE OF

12:10REPRESENTATIVES?

12:11YOU HAVE TO PUT THE -- ONCE THE

12:14RED LIGHT GOES ON -- YEAH,

12:17YOU'RE GOOD.

12:18>>Testifier: APPEARS TO BE THE

12:20STATE HOUSE OF REPRESENTATIVES

12:22THAT

12:23THAT ADOPTED A RULE FOR THE

12:25BLACKOUT PERIOD.

12:26IT WILL BE IN EFFECT FROM JUNE

12:293, 2026 TO NOVEMBER 4, 2026

12:32ACCORDING TO SPEAKER NADINE K.

12:36NAKAMURA TO HOUSE MEMBERS DATED

12:40FEBRUARY 12, 2026.

12:42MEMO.

12:42>>Chair Waters: OKAY.

12:43AND EARLIER WE TALK THE ABOUT

12:45THE FEDERAL GOVERNMENT HAS A

12:46SIMILAR RULE AS WELL, YEAH?

12:49E.

12:50>>Testifier: YES.

12:51>>Chair Waters: 70 DAYS.

12:53YOU BROUGHT UP THREE REALLY

12:55IMPORTANT THINGS.

12:56FEDERAL GOVERNMENT DEALS WITH

12:57500 OR MORE PIECES OF MAIL.

12:59WE'RE ONL TALKING ABOUT 200

13:02PIECES.

13:03YOU ALSO BROUGHT UP A QUESTION

13:05ABOUT SERIAL DISTRIBUTION, THAT

13:08IF YOU DO MULTIPLE MAILOUTS OF

13:12UNDER 200, IT'S A LOOPHOLE IS

13:14WHAT YOU'RE SAYING, RIGHT?

13:16>>Testifier: CORRECT.

13:17>>Chair Waters: AND THEN THE

13:18THIRD THING IS WHEN DOES THE 60

13:21DAYS START?

13:21DO YOU COUNT BACK FROM ELECTION

13:23DAY OR YOU COUNT BACK FROM WHEN

13:25THE BAL BALES ARE -- BALLOT NUME

13:29RECEIVED IN THE MAIL?

13:30>>Testifier: CHAIR, I CANNOT

13:31SPEAK FOR THE CLERK'S OFFICE.

13:34IT'S THE ETHICS COMMISSION.

13:35THANK YOU.

13:36>>Chair Waters: RIGHT.

13:37BUT YOU BRING UP VERY GOOD

13:40POINTS.

13:42THAT WEREN'T EARLIER COMPENSATED

13:43AND PERHAPS YOU SHOULD SPEND A

13:44LITTLE BIT MORE TIME TO REVIEW

13:49YOUR TESTIMONY AND POSSIBLY

13:52REWORK THE RULE.

13:54SIMPLELY BECAUSE, LIKE YOU SAID,

13:56IF YOU -- COUNT BACK FROM

14:00ELECTION DAY, THAT'S ONE DAY.

14:02YOU COULD MAIL IN YOUR BALLOTS

14:06EARLY.

14:06THAT'S YOUR POINT, RIGHT?

14:10>>Testifier: CHAIR, MY COMMENT

14:12WAS TO ENSURE THAT THE CLERK'S

14:14OFFICE IS PART OF -- MAYBE COULD

14:17BE CONSULTED WITH THIS AS WELL.

14:19>>Chair Waters: RIGHT, THEY

14:22SET A SCHEDULE.

14:24ONE.ONE OF THE THINGS I THOUGHT

14:26ABOUT WAS JUST MAKING A SIMPLE

14:30DATE OF WHATEVER THE FILING DEAD

14:36LINE.

14:36WHAT DO YOU THINK ABOUT THAT

14:37IDEA?

14:38IF IT'S JUNE 3, THAT'S THE

14:40CUTOFF DATE.

14:43NO MORE MAIL-IN.

14:44WHAT DO YOU THINK ABOUT THAT?

14:47>>Testifier: APOLOGIES, CHAIR.

14:48I CANNOT SPEAK TO THE ELECTION

14:50DEAD LINES OR FILING DEAD LINES

14:56MED LINES.

14:57I'M HERE FOR THE ETHICS

14:59COMMISSION STAFF.

14:59>>Chair Waters: MAYBE

15:00SOMETHING WE CAN TALK ABOUT

15:02OFFLINE.

15:02APPRECIATE YOU BEING HERE.

15:04>>Testifier: THANK YOU.

15:04>>Chair Waters: ANY FOLLOW UP

15:06QUESTIONS?

15:07NONE.

15:07MAD MAZMADAME CLERK, ANY OTHER

15:11TESTIFIERS?

15:12>>Clerk: CHAIR, THERE ARE

15:13NONE.

15:13>>Chair Waters: MEMBERS, WE'RE

15:14IN DISCUSSION.

15:16NEWSPAPER.

15:17NEWSPAPER.

15:18NONE.

15:18BASED ON SANDY MA, LEGAL COUNCIL

15:21FOR THE ETHICS COMMISSION, I

15:24THINK THERE ARE SOME UNANSWERED

15:26QUESTIONS BEFORE WE MAKE A RULE.

15:28SO MY RECOMMENDATION IS TO

15:30DEFER.

15:31TO DEFER AT THIS POINT.

15:33COUNCILMEMBER KIA'AINA.

15:34>>Councilmember Kia'aina: AND

15:36MAY I ALSO SUGGEST THAT GIVEN

15:39THE RAISING OF THE CLERK'S

15:41OFFICE, THAT YOU WANT TO HAVE

15:44THE CLERK'S OFFICES HERE AS WELL

15:47TO PROVIDE THEIR MANAO.

15:49SHE SEEMED TO BE TALKING A LOT

15:51ABOUT THEIR ROLES AND COULDN'T

15:52BE SPEAKING ON THEIR BEHALF.

15:54>>Chair Waters: THAT WOULD

15:55REQUIRE US TO TAKE A BREAK, GO

15:59DOWNSTAIRS, COME BACK AND CALL

16:01THE CLERK.

16:02>>Councilmember Kia'aina: NOT

16:02NOW.

16:02>>Chair Waters: IN THE FUTURE,

16:04SURE.

16:05I THOUGHT YOU WENT TODAY.

16:07>>Councilmember Kia'aina: NO.

16:07>>Chair Waters: NO PROBLEM.

16:09>>Councilmember Kia'aina:

16:10OKAY.

16:11>>Chair Waters: NO PROBLEM.

16:12WE CAN DO THAT.

16:14IT'S INTERESTING.

16:16LIKE I SAID, IT MIGHT BE EASIER

16:20DO A DEADLINE.

16:21A FILING DEADLINE.

16:22AND HE WITH WANT TO MAKE SURE IT

16:24ONLY APPLIES TO PEOPLE WHO ARE

16:26RUNNING FOR ELECTION -- OR

16:30REELECTIONS.

16:31OKAY.

16:32ANY FOLLOW UP, DISCUSSION,

16:34MEMBERS?

16:36SEEING NONE, SO ORDERED.

16:38MEMBERS, WE ARE ADJOURNED.