Committee advances six-year Board of Ethics window and adds retroactivity in amendment

The Government Relations, Ethics, and Transparency Committee voted unanimously to recommend Bill 55 on first reading after adopting a CD1 amendment that measures the proposed six-year jurisdictional window from the date an alleged ethics violation occurred rather than from separation from county employment.

Director Lauren Akitake, who led the staff presentation, told the committee the change resolves a practical problem the Board of Ethics has faced when jurisdiction expired simply because an employee left county service before an investigation concluded. "Public trust should not depend on whether someone separates from county employment before an ethics matter is resolved," Akitake said during the presentation. The CD1 text also tolls the limitations period when a violation is fraudulently concealed.

Volunteer board member and testifier Katie Schroeder described cases where alleged misconduct could not be reviewed under the current one-year limit and urged the committee to approve the extension. "Bill 55 closes the loophole on when the misconduct could have been discovered," Schroeder said, urging the committee to adopt the amendment and recommend passage.

Members pressed staff and counsel about retroactivity, appeals and remedies. Deputy Corporation Counsel Caleb Roehl and Board staff cited existing Maui County Code provisions (e.g., 2.56.020 and 2.56.030) that allow additional remedies including cost recovery for contracts entered in violation of the code of ethics. Roehl said the ordinance can be written to make the intent clear; legislative counsel confirmed the Hawaii Supreme Court permits clear legislative intent to make an ordinance retroactive.

Member Rollins Fernandez moved and the committee approved separate language to put explicit retroactivity into the ordinance text, not just the committee report. The committee then voted 9-0 to recommend Bill 55, as amended, to the full council on first reading.

The measure now goes to full council for further consideration; staff said written testimony will remain open and that the Board of Ethics will continue to develop implementation details, including referral protocols and public outreach.