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LEILA FULLER MEMBERS: Chair Kurt Akamine Matthew Higa MARK HUBBARD Robert Farias Vice-Chair Adeline Sasaki JUDITH LENTHALL Secretary COUNTY OF KAUA‘I BOARD OF ETHICS November 20, 2007 Mr. Edward Coll PO Box 662320 Puhi, HI 96766 RE: BOE Complaint 07-002 Dear Mr. Coll: The Board of Ethics, at its November 8, 2007 meeting, considered your complaint regarding the use of an executive session by the County Council. ‘The Board has declined to consider the complaint on the following grounds: ‘The Board determined that a violation of section 20.02E of the County Charter could only be possible if the act of going into executive session by the County Council was illegal and other sections of the law were violated. Determining whether the act of going into executive session involves an analysis of law that is outside of the Board’s jurisdiction. Since the Board of Ethics is not able to determine whether there was a violation of 20.02E, it is our recommendation that you consider requesting an opinion from the Office of Information Practices. The Board appreciates your concem in adhering to the County of Kaua‘i’s Code of Ethics. Sincerely, Leifa Fuller Board of Ethics Chair 4444 Rice Street, Suite 150 @ Lihu‘e, Hawai'i 96766 @ (808) 241-5132 @ Fax (808) 241-5127