Council debates ethics review before approving DARE Day grant; ultimately adopts $2,005 transfer

The Hawaii County Council discussed whether a small council-funded grant to a nonprofit that has county employees on its board should first be reviewed by the Board of Ethics before the council approved it. After debate and a failed attempt to table the item in order to get a formal written opinion, the council adopted Resolution 88-25, a $2,005 transfer from a council contingency fund to support DARE Hawaii’s 2025 DARE Day celebration.

The item drew attention because several council members, and members of the Office of Corporation Counsel, raised the possibility that a transfer to a nonprofit whose board includes county employees could trigger an informal advisory opinion from the Board of Ethics. Council member Kaguawata asked for clarification and requested that counsel be present; Deputy Corporation Counsel Cody Friends and Assistant Corporation Counsel Jay Yoshimura joined the discussion.

Assistant Corporation Counsel Jay Yoshimura said the issue "does sound like it would be something that the Board of Ethics would be needing to weigh in upon because it involves ... the facts you presented." Major Jeremy Evangelist of the Hawaiʻi Police Department clarified operational practice: "when we put on these DARE day events, it's police officers that are running the events, but they're not working for DARE. They're doing their police officer duties." He also said Captain Roy Valera is the only police department employee he knew of serving in a volunteer capacity with DARE Hawaii.

Council members split on procedure. Some council members said similar transfers had been approved in prior weeks for West Hawaiʻi events and that the funds in those cases were routed through sponsoring county departments; others wanted the written ethics guidance before voting. Council member Kimball moved to table the resolution until Deputy Corporation Counsel Friends could appear; the motion to table lost on a roll call (minutes record 3 in favor, 5 opposed, 1 absent). After further discussion and receipt of a disclosure form in the record, the council proceeded to a final vote on Resolution 88-25 and the resolution was adopted by roll call.

The Office of Corporation Counsel noted the existing process. Deputy Corporation Counsel Cody Friends said the Board of Ethics was the technical body to opine on conflicts, and that some prior CRF awards had obtained an informal advisory opinion and attached it to the agreement for processing. Council staff said a written memo from corporation counsel's office had been requested and that, per code (section 2-83(c) noted in the record), showing evidence that an advisory opinion is being sought may be sufficient to proceed with processing while the formal opinion is pending.

Outcome and next steps: Resolution 88-25 was adopted during the meeting; minutes show the council recorded the final adoption. Corporation Counsel staff said they will provide formal written guidance to the council and departments to clarify how future County Council Repurposed Fund (CRF) transfers involving nonprofits with county-employee board members should proceed.

Speakers in the record who addressed the item include Council member Eustace; Council member Kimball; Council member Kaguawata; Deputy Corporation Counsel Cody Friends; Assistant Corporation Counsel Jay Yoshimura; Major Jeremy Evangelist (Hawaii Police Department); and Captain Roy Valera (referenced).