The document is a findings of fact, conclusions of law, and decision from the Hawaii State Ethics Commission regarding charges against William Eric Boyd. It finds that Mr. Boyd inappropriately approved purchase orders from his spouse's business, identifying her as the vendor for school supplies. It also finds that Mr. Boyd's business provided school lunches and he signed invoices certifying the number of lunches provided. The Commission found violations of Hawaii's ethics laws.
A survey of 410 likely Democratic primary voters in Hawaii was conducted on July 23-24, 2014. The survey found that Brian Schatz led Colleen Hanabusa 49% to 39% in the Democratic primary for U.S. Senate, and David Ige led Neil Abercrombie 49% to 39% in the Democratic primary for Governor. Brian Schatz had a more favorable opinion at 62% compared to Colleen Hanabusa at 49%.
- The Hawaii State Ethics Commission charged William Eric Boyd with 8 counts of violating state ethics laws.
- Eric Boyd was employed by Connections New Century Public Charter School and owned a business, Boyd Enterprises, with his wife. Boyd Enterprises provided food services and products to Connections School.
- The charges allege that from January to April 2007, Eric Boyd signed and submitted billing documents on behalf of Boyd Enterprises to Connections School, assisting his business in transactions with the school in violation of state ethics laws.
1) Plaintiff Global Merchant filed a complaint and application for pre-arbitral attachment and stay of proceedings pending arbitration against Defendant Agri Feed for breach of contract and fraud related to the sale and delivery of hay.
2) The contract between the parties contained an arbitration clause requiring the use of CIETAC for dispute resolution. It is alleged that Defendant Agri Feed forged laboratory test results to receive payment under the letter of credit for substandard hay.
3) Plaintiff argues that California law allows for pre-arbitral attachment to prevent assets from being hidden or dissipated during arbitration proceedings. The remaining issue is whether CIETAC rules providing temporary relief would supersede California law.
This document summarizes a decision by the Ohio Board of Tax Appeals regarding tax valuations for property owned by Kohl's Department Stores for tax years 2010 and 2013. The Board consolidated two cases regarding the same property. For tax year 2010, Kohl's appealed the dismissal of its complaint seeking a lower valuation. For tax year 2013, Kohl's appealed the denial of its request to lower the valuation. The Board remanded the 2010 case back to the local board to consider the valuation, as the county appellees failed to prove a covenant in a TIF agreement barred Kohl's appeal. For 2013, the Board found Kohl's did not provide sufficient evidence to prove its requested lower valuation.
Motion to Dismiss 12 B 5 FILING Stamped-1 July 2021.pdfFrankEkejija1
Frank Ekejija and NVC Fund evidence supporting the Court filings exposed and debunked the SEC's wrongful actions and false assumptions. The facts are clear and on record.
Case Analysis · Post a brief case analysis of a listed problem f.docxwendolynhalbert
Case Analysis
· Post a brief case analysis of a listed problem for the week in the corresponding weeks assignment dropbox. The case assignments will be posted by professor in the Announcements each week. In a large class some students may have duplicate cases assigned to other students.
· The assignment should consist of a presentable and entertaining presentation (Power Point or other medium) and will be delivered in some form of participative medium (webex/on-site/or alternative as determined by professor) . It should include a summary of the relevant facts, the law, judicial opinion and answer the case questions. All that is necessary for an understanding of the case is important and required.
· The report must go beyond the discussion of the problem posed in the textbook, to achieve a superior grade. Do research outside the textbook- this must include research outside the case citation such as the Lexus-Nexis in the DeVry Library or FindLaw.com, do research on the parties and circumstances of the case itself and incorporate some audio-visual modality as a part of the case analysis.something about one of the parties, as well as some background contained in the legal opinion. Doing significant research outside the textbook is essential.
· Utilize the case format below.
· Your grade comes from the content contained on the actual submission.
Case Analysis Format
1. Read and understand the case or question assigned. Show your Analysis and Reasoning and make it clear you understand the material. Be sure to incorporate the concepts of the chapter we are studying to show your reasoning. Dedicate at least one heading to each following outline topic:
Parties [Identify the plaintiff and the defendant]
Facts [Summarize only those facts critical to the outcome of the case]
Procedure [Who brought the appeal? What was the outcome in the lower court(s)?]
Issue [Note the central question or questions on which the case turns]
Explain the applicable law(s). Use the textbook here. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers.
Holding [How did the court resolve the issue(s)? Who won?]
Reasoning [Explain the logic that supported the court's decision]
2. Do significant research outside of the book and demonstrate that you have in a very obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area. Show something you have discovered about the case, parties or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case.
3. Dedicate 1 slide to each of the case question(s) immediately following the case, if there are any. Be sure to state and fully answer the questions in the presentation.
4. Quality in terms of substance, form, grammar and context. Be entertaining! Use excellent audio-visual material and backgrounds!
5. Wrap up with a Conclusi ...
This document summarizes a court case between First American Title Insurance Company, Winnebago County Title Company, and TCF Bank regarding a mortgage on a property owned by Patricia Bartholomew. TCF Bank held the first mortgage on the property as a revolving line of credit. Winnebago acted as an agent in a second mortgage taken out by Bartholomew. Winnebago paid off the TCF Bank mortgage but TCF did not release its lien. Bartholomew then took out more funds through the revolving credit and defaulted. The court found that TCF Bank was not legally required to release the lien until the revolving credit was cancelled by Bartholomew. However
This document discusses pleadings and their essentials in civil cases under Pakistani law. Pleadings include the plaint filed by the plaintiff outlining their cause of action, the written statement filed by the defendant responding to the plaint, and any subsequent rejoinders or additional written statements. Pleadings are intended to precisely define the legal issues in dispute and provide notice to the opposing party. They must state only material facts, avoid legal arguments and evidence, and be concise. Amendments to pleadings may be allowed if they do not change the nature of the suit or claims.
A survey of 410 likely Democratic primary voters in Hawaii was conducted on July 23-24, 2014. The survey found that Brian Schatz led Colleen Hanabusa 49% to 39% in the Democratic primary for U.S. Senate, and David Ige led Neil Abercrombie 49% to 39% in the Democratic primary for Governor. Brian Schatz had a more favorable opinion at 62% compared to Colleen Hanabusa at 49%.
- The Hawaii State Ethics Commission charged William Eric Boyd with 8 counts of violating state ethics laws.
- Eric Boyd was employed by Connections New Century Public Charter School and owned a business, Boyd Enterprises, with his wife. Boyd Enterprises provided food services and products to Connections School.
- The charges allege that from January to April 2007, Eric Boyd signed and submitted billing documents on behalf of Boyd Enterprises to Connections School, assisting his business in transactions with the school in violation of state ethics laws.
1) Plaintiff Global Merchant filed a complaint and application for pre-arbitral attachment and stay of proceedings pending arbitration against Defendant Agri Feed for breach of contract and fraud related to the sale and delivery of hay.
2) The contract between the parties contained an arbitration clause requiring the use of CIETAC for dispute resolution. It is alleged that Defendant Agri Feed forged laboratory test results to receive payment under the letter of credit for substandard hay.
3) Plaintiff argues that California law allows for pre-arbitral attachment to prevent assets from being hidden or dissipated during arbitration proceedings. The remaining issue is whether CIETAC rules providing temporary relief would supersede California law.
This document summarizes a decision by the Ohio Board of Tax Appeals regarding tax valuations for property owned by Kohl's Department Stores for tax years 2010 and 2013. The Board consolidated two cases regarding the same property. For tax year 2010, Kohl's appealed the dismissal of its complaint seeking a lower valuation. For tax year 2013, Kohl's appealed the denial of its request to lower the valuation. The Board remanded the 2010 case back to the local board to consider the valuation, as the county appellees failed to prove a covenant in a TIF agreement barred Kohl's appeal. For 2013, the Board found Kohl's did not provide sufficient evidence to prove its requested lower valuation.
Motion to Dismiss 12 B 5 FILING Stamped-1 July 2021.pdfFrankEkejija1
Frank Ekejija and NVC Fund evidence supporting the Court filings exposed and debunked the SEC's wrongful actions and false assumptions. The facts are clear and on record.
Case Analysis · Post a brief case analysis of a listed problem f.docxwendolynhalbert
Case Analysis
· Post a brief case analysis of a listed problem for the week in the corresponding weeks assignment dropbox. The case assignments will be posted by professor in the Announcements each week. In a large class some students may have duplicate cases assigned to other students.
· The assignment should consist of a presentable and entertaining presentation (Power Point or other medium) and will be delivered in some form of participative medium (webex/on-site/or alternative as determined by professor) . It should include a summary of the relevant facts, the law, judicial opinion and answer the case questions. All that is necessary for an understanding of the case is important and required.
· The report must go beyond the discussion of the problem posed in the textbook, to achieve a superior grade. Do research outside the textbook- this must include research outside the case citation such as the Lexus-Nexis in the DeVry Library or FindLaw.com, do research on the parties and circumstances of the case itself and incorporate some audio-visual modality as a part of the case analysis.something about one of the parties, as well as some background contained in the legal opinion. Doing significant research outside the textbook is essential.
· Utilize the case format below.
· Your grade comes from the content contained on the actual submission.
Case Analysis Format
1. Read and understand the case or question assigned. Show your Analysis and Reasoning and make it clear you understand the material. Be sure to incorporate the concepts of the chapter we are studying to show your reasoning. Dedicate at least one heading to each following outline topic:
Parties [Identify the plaintiff and the defendant]
Facts [Summarize only those facts critical to the outcome of the case]
Procedure [Who brought the appeal? What was the outcome in the lower court(s)?]
Issue [Note the central question or questions on which the case turns]
Explain the applicable law(s). Use the textbook here. The law should come from the same chapter as the case. Be sure to use citations from the textbook including page numbers.
Holding [How did the court resolve the issue(s)? Who won?]
Reasoning [Explain the logic that supported the court's decision]
2. Do significant research outside of the book and demonstrate that you have in a very obvious way. This refers to research beyond the legal research. This involves something about the parties or other interesting related area. Show something you have discovered about the case, parties or other important element from your own research. Be sure this is obvious and adds value beyond the legal reasoning of the case.
3. Dedicate 1 slide to each of the case question(s) immediately following the case, if there are any. Be sure to state and fully answer the questions in the presentation.
4. Quality in terms of substance, form, grammar and context. Be entertaining! Use excellent audio-visual material and backgrounds!
5. Wrap up with a Conclusi ...
This document summarizes a court case between First American Title Insurance Company, Winnebago County Title Company, and TCF Bank regarding a mortgage on a property owned by Patricia Bartholomew. TCF Bank held the first mortgage on the property as a revolving line of credit. Winnebago acted as an agent in a second mortgage taken out by Bartholomew. Winnebago paid off the TCF Bank mortgage but TCF did not release its lien. Bartholomew then took out more funds through the revolving credit and defaulted. The court found that TCF Bank was not legally required to release the lien until the revolving credit was cancelled by Bartholomew. However
This document discusses pleadings and their essentials in civil cases under Pakistani law. Pleadings include the plaint filed by the plaintiff outlining their cause of action, the written statement filed by the defendant responding to the plaint, and any subsequent rejoinders or additional written statements. Pleadings are intended to precisely define the legal issues in dispute and provide notice to the opposing party. They must state only material facts, avoid legal arguments and evidence, and be concise. Amendments to pleadings may be allowed if they do not change the nature of the suit or claims.
This document is the Cohen Defendants' answer and affirmative defenses to the Second Amended Complaint filed against them in a securities litigation case regarding Bed Bath & Beyond Corporation. The Cohen Defendants deny engaging in any unlawful conduct. They assert that the complaint violates various procedural rules and fails to state valid claims. The Cohen Defendants admit some factual allegations regarding Ryan Cohen's ownership stake in and communications about Bed Bath & Beyond but deny allegations of wrongdoing.
This document provides clarification on several issues regarding the mock trial case State of Harmony v. Riley Green. It answers questions about witness statements, the interpretation of rules and exhibits, gender of roles, and the order of presentations. Specifically, it confirms that all roles can be played by any gender, and that the defense has the burden of proof so will present first at trial.
Express working capital llc v Starving Students IncM P
Synopsis
Background: Buyer of corporation's future credit card receivables brought action against seller-corporation and its owner, alleging breach of contract, promissory estoppel, fraud, and fraudulent inducement. Defendants asserted usury defense and counterclaim. Parties cross-moved for summary judgment.
This document is an excerpt from an omnibus order written by the author for a judge regarding a credit card collection case. The order summarizes that while the plaintiff established a valid contract existed between the creditor and defendant, the plaintiff failed to provide sufficient documentation proving a valid assignment of the debt from the creditor to the plaintiff. As a result, the judge granted summary judgment for the defendant rather than the plaintiff.
This case involves a dispute over entitlement to a partial refund of a special assessment paid into a fund to repair defects in a condominium building. The previous owners, who paid the special assessment, sold the property to the current owners. After the repairs were completed, there was a refund remaining in the fund. Both the previous and current owners claimed entitlement to the refund. The court found that the sale contract between the parties implicitly allocated the risk of any refund or future assessment to the purchasers. As such, the court ruled that the current owners were entitled to the refund as there was a valid contract between the parties providing a juristic reason for the enrichment.
Trial Strategy: Using "Other Paper" in a Motion to Remand a Coverage Action t...NationalUnderwriter
A recent decision by a federal district court in Pennsylvania highlights the importance of understanding the phrase “other paper” – for both insurance companies and policyholders – to decide the timeliness of a notice of removal.
The petitioner, Skechers, filed an application for search warrants against the respondent for trademark infringement of Skechers' registered "Skechers" and "S" trademarks. Over 6,000 pairs of shoes bearing the "S" logo were seized from the respondent's warehouse. The RTC and Court of Appeals ruled in favor of the respondent, finding no confusing similarity. However, the Supreme Court applied the dominancy test and found that the dominant feature of the petitioner's trademark - the stylized "S" - had been infringed, even without the oval design. The Court also found similarity in color scheme, design, and patterns between the petitioner's and respondent's shoes. The ruling upheld the protection of trademarks to preserve
This document discusses a request by Mexico to consolidate two investment arbitration claims filed separately against it under NAFTA by Corn Products International and Archer Daniels Midland/Tate & Lyle. It summarizes the tribunal's order denying Mexico's consolidation request due to the competitive relationship between the claimants, which would complicate confidentiality protections and make consolidated proceedings unfair and inefficient.
1) Lee Simmons perpetrated a scheme to manipulate the stock price of BlueLinx Holdings through a fraudulent tender offer announcement, in an attempt to profit from options trading.
2) Simmons purchased over 900 out-of-the-money call options for BlueLinx stock. He then issued false press releases in February 2020 announcing a tender offer by his company Bluefin to acquire BlueLinx shares.
3) The tender offer was a sham intended to artificially inflate BlueLinx's stock price. After the announcements, Simmons was able to sell some call options for a $24,000 profit before the options expired. The SEC alleges Simmons violated various securities laws through his fraudulent scheme.
This document summarizes several court cases related to proving a causal connection between copyright infringement and profits earned by the infringer. It discusses how courts have ruled on plaintiffs' burden to demonstrate that infringing acts had a reasonable relationship to the defendant's profits being claimed. Cases discussed include Estate of Vane v. The Fair, On Davis v. The Gap, Mackie v. Rieser, Polar Bear Productions v. Timex Corporation, Lucky Break Wishbone v. Sears Roebuck, Bouchat v. Baltimore Ravens, and Andreas v. Volkswagen, examining how different circuits have approached issues of causality and establishing a reasonable connection between infringement and indirect profits.
This summary provides the high level details from the tax court document in 3 sentences:
The tax court reviewed Bobby and Libby Claborn's tax return for 2003 and determined a deficiency of $3,592. The key issues were whether the Claborns were entitled to deductions for charitable contributions of cash and property, as well as unreimbursed employee expenses. The tax court found that the Claborns were allowed some charitable deductions but not the full amounts claimed, and that they were not entitled to deductions for expenses related to Bobby Claborn's employment that had been reimbursed.
Purchase Order : Exporter , Importer, Buying AgentRituJain777
The document discusses the process of securing an export order. It begins by explaining that a purchase order communicates a foreign buyer's decision to purchase certain items from an exporter. It then outlines the typical steps taken, which include the exporter locating interest, sending product information, receiving a request for a quotation, negotiating terms, and sending a proforma invoice containing offer details. Key points that are typically included in an export order are then listed, such as product description, price, payment terms, delivery schedule, and more. Finally, it describes how an exporter would scrutinize an order received to confirm details before sending an order confirmation letter.
Powerpoint For Class Cert Hearing(Final)Dommermuth
This presentation was made at a hearing on a motion for class certification. The motion was denied and subsequently the Court granted summary judgment on all claims.
California Discovery Law: Why Requests for Production of Documents may not be...Scott A McMillan
The document discusses the requirements for document requests under California law. It states that each category of documents requested must be reasonably particularized to avoid overly broad or general requests. It provides examples from case law where courts found requests for all documents relating to a claim to be too broad. The document also analyzes differences between the statutes governing document requests versus interrogatories and admissions, finding that contention-style requests are not permitted for documents.
This motion for final summary judgment alleges that the defendants entered into a $10,850 contract with the plaintiff to repair hurricane damage to their home but then breached the contract. It claims the defendants received insurance money for repairs but spent it elsewhere and confiscated the plaintiff's tools. The plaintiff argues there are no genuine issues of material fact and he is entitled to damages, lost profits, and return of his tools as a matter of law.
Gov. Ige sent a letter to California Congresswoman Anna Eshoo in response to her August 2020 request for information about Hawaii's pandemic response.
https://www.civilbeat.org/2020/08/california-congresswoman-wants-answers-on-hawaiis-virus-response-effort/
Audit of the Department of the Honolulu Prosecuting Attorney’s Policies, Proc...Honolulu Civil Beat
This audit was conducted pursuant to Resolution 19-255,
requesting the city auditor to conduct a performance audit of the Honolulu Police Department and the Department of the Prosecuting Attorney’s policies and procedures related to employee misconduct.
More Related Content
Similar to Ethics Commission decision February 2013
This document is the Cohen Defendants' answer and affirmative defenses to the Second Amended Complaint filed against them in a securities litigation case regarding Bed Bath & Beyond Corporation. The Cohen Defendants deny engaging in any unlawful conduct. They assert that the complaint violates various procedural rules and fails to state valid claims. The Cohen Defendants admit some factual allegations regarding Ryan Cohen's ownership stake in and communications about Bed Bath & Beyond but deny allegations of wrongdoing.
This document provides clarification on several issues regarding the mock trial case State of Harmony v. Riley Green. It answers questions about witness statements, the interpretation of rules and exhibits, gender of roles, and the order of presentations. Specifically, it confirms that all roles can be played by any gender, and that the defense has the burden of proof so will present first at trial.
Express working capital llc v Starving Students IncM P
Synopsis
Background: Buyer of corporation's future credit card receivables brought action against seller-corporation and its owner, alleging breach of contract, promissory estoppel, fraud, and fraudulent inducement. Defendants asserted usury defense and counterclaim. Parties cross-moved for summary judgment.
This document is an excerpt from an omnibus order written by the author for a judge regarding a credit card collection case. The order summarizes that while the plaintiff established a valid contract existed between the creditor and defendant, the plaintiff failed to provide sufficient documentation proving a valid assignment of the debt from the creditor to the plaintiff. As a result, the judge granted summary judgment for the defendant rather than the plaintiff.
This case involves a dispute over entitlement to a partial refund of a special assessment paid into a fund to repair defects in a condominium building. The previous owners, who paid the special assessment, sold the property to the current owners. After the repairs were completed, there was a refund remaining in the fund. Both the previous and current owners claimed entitlement to the refund. The court found that the sale contract between the parties implicitly allocated the risk of any refund or future assessment to the purchasers. As such, the court ruled that the current owners were entitled to the refund as there was a valid contract between the parties providing a juristic reason for the enrichment.
Trial Strategy: Using "Other Paper" in a Motion to Remand a Coverage Action t...NationalUnderwriter
A recent decision by a federal district court in Pennsylvania highlights the importance of understanding the phrase “other paper” – for both insurance companies and policyholders – to decide the timeliness of a notice of removal.
The petitioner, Skechers, filed an application for search warrants against the respondent for trademark infringement of Skechers' registered "Skechers" and "S" trademarks. Over 6,000 pairs of shoes bearing the "S" logo were seized from the respondent's warehouse. The RTC and Court of Appeals ruled in favor of the respondent, finding no confusing similarity. However, the Supreme Court applied the dominancy test and found that the dominant feature of the petitioner's trademark - the stylized "S" - had been infringed, even without the oval design. The Court also found similarity in color scheme, design, and patterns between the petitioner's and respondent's shoes. The ruling upheld the protection of trademarks to preserve
This document discusses a request by Mexico to consolidate two investment arbitration claims filed separately against it under NAFTA by Corn Products International and Archer Daniels Midland/Tate & Lyle. It summarizes the tribunal's order denying Mexico's consolidation request due to the competitive relationship between the claimants, which would complicate confidentiality protections and make consolidated proceedings unfair and inefficient.
1) Lee Simmons perpetrated a scheme to manipulate the stock price of BlueLinx Holdings through a fraudulent tender offer announcement, in an attempt to profit from options trading.
2) Simmons purchased over 900 out-of-the-money call options for BlueLinx stock. He then issued false press releases in February 2020 announcing a tender offer by his company Bluefin to acquire BlueLinx shares.
3) The tender offer was a sham intended to artificially inflate BlueLinx's stock price. After the announcements, Simmons was able to sell some call options for a $24,000 profit before the options expired. The SEC alleges Simmons violated various securities laws through his fraudulent scheme.
This document summarizes several court cases related to proving a causal connection between copyright infringement and profits earned by the infringer. It discusses how courts have ruled on plaintiffs' burden to demonstrate that infringing acts had a reasonable relationship to the defendant's profits being claimed. Cases discussed include Estate of Vane v. The Fair, On Davis v. The Gap, Mackie v. Rieser, Polar Bear Productions v. Timex Corporation, Lucky Break Wishbone v. Sears Roebuck, Bouchat v. Baltimore Ravens, and Andreas v. Volkswagen, examining how different circuits have approached issues of causality and establishing a reasonable connection between infringement and indirect profits.
This summary provides the high level details from the tax court document in 3 sentences:
The tax court reviewed Bobby and Libby Claborn's tax return for 2003 and determined a deficiency of $3,592. The key issues were whether the Claborns were entitled to deductions for charitable contributions of cash and property, as well as unreimbursed employee expenses. The tax court found that the Claborns were allowed some charitable deductions but not the full amounts claimed, and that they were not entitled to deductions for expenses related to Bobby Claborn's employment that had been reimbursed.
Purchase Order : Exporter , Importer, Buying AgentRituJain777
The document discusses the process of securing an export order. It begins by explaining that a purchase order communicates a foreign buyer's decision to purchase certain items from an exporter. It then outlines the typical steps taken, which include the exporter locating interest, sending product information, receiving a request for a quotation, negotiating terms, and sending a proforma invoice containing offer details. Key points that are typically included in an export order are then listed, such as product description, price, payment terms, delivery schedule, and more. Finally, it describes how an exporter would scrutinize an order received to confirm details before sending an order confirmation letter.
Powerpoint For Class Cert Hearing(Final)Dommermuth
This presentation was made at a hearing on a motion for class certification. The motion was denied and subsequently the Court granted summary judgment on all claims.
California Discovery Law: Why Requests for Production of Documents may not be...Scott A McMillan
The document discusses the requirements for document requests under California law. It states that each category of documents requested must be reasonably particularized to avoid overly broad or general requests. It provides examples from case law where courts found requests for all documents relating to a claim to be too broad. The document also analyzes differences between the statutes governing document requests versus interrogatories and admissions, finding that contention-style requests are not permitted for documents.
This motion for final summary judgment alleges that the defendants entered into a $10,850 contract with the plaintiff to repair hurricane damage to their home but then breached the contract. It claims the defendants received insurance money for repairs but spent it elsewhere and confiscated the plaintiff's tools. The plaintiff argues there are no genuine issues of material fact and he is entitled to damages, lost profits, and return of his tools as a matter of law.
Similar to Ethics Commission decision February 2013 (20)
Gov. Ige sent a letter to California Congresswoman Anna Eshoo in response to her August 2020 request for information about Hawaii's pandemic response.
https://www.civilbeat.org/2020/08/california-congresswoman-wants-answers-on-hawaiis-virus-response-effort/
Audit of the Department of the Honolulu Prosecuting Attorney’s Policies, Proc...Honolulu Civil Beat
This audit was conducted pursuant to Resolution 19-255,
requesting the city auditor to conduct a performance audit of the Honolulu Police Department and the Department of the Prosecuting Attorney’s policies and procedures related to employee misconduct.
Audit of the Honolulu Police Department’s Policies, Procedures, and ControlsHonolulu Civil Beat
The audit objectives were to:
1. Evaluate the effectiveness of HPD’s existing policies, procedures, and controls to identify and respond to complaints or incidents concerning misconduct, retaliation, favoritism, and abuses of power by its management and employees;
2. Evaluate the effectiveness of HPD's management control environment and practices to correct errors and prevent any misconduct, retaliation, favoritism, and abuses of power by its
management and employees; and
3. Make recommendations to improve HPD’s policies, procedures, and controls to minimize and avoid future managerial and operational breakdowns caused by similar misconduct.
The report summarizes use of force incidents by the Honolulu Police Department in 2019. There were 2,354 reported incidents, an increase from 2018. Physical confrontation techniques were used most often (53% of applications). The most common types of incidents requiring force were simple assault (13.4%), mental health cases (13.2%), and miscellaneous public cases (6.7%). Most incidents occurred on Mondays and Saturdays between midnight and 1:59am and involved males aged 34 on average, with the largest proportion being Native Hawaiian/Pacific Islanders (34.5%).
The Office of Health Equity aims to eliminate health disparities in Hawaii. Its vision is for policies and programs to improve the health of underserved groups. Its mission is to increase the capacity of Hawaii's health department and providers to eliminate disparities and improve quality of life. The office identifies disparities, recommends actions to the health director, and coordinates related activities and programs. It works to establish partnerships, identify health needs, develop culturally appropriate interventions, and promote national health objectives. The office's strategic goals are to increase awareness of disparities, strengthen leadership, improve outcomes through social determinants, improve cultural competency, and improve research coordination.
The document calls for unity and collaboration between Native Hawaiian and Pacific Islander communities in Hawaii to address COVID-19. It summarizes that government leaders have failed citizens by being slow to respond to the crisis, not working together effectively, and one in three COVID cases impacting Pacific Islanders. It calls on officials to take stronger, transparent leadership and get resources like contact tracers deployed quickly from Pacific Islander communities. Each day without action will lead to more cases, hospitalizations and deaths. It establishes a response team to improve COVID data and policies for Native Hawaiian and Pacific Islander communities.
This letter from the ACLU of Hawaii to the Honolulu Police Department raises concerns about racial disparities in HPD's enforcement of COVID-19 orders and use of force. It cites data showing Micronesians, Black people, Samoans and those experiencing homelessness were disproportionately arrested. It recommends HPD end aggressive enforcement of minor offenses, racial profiling, and using arrest statistics to measure performance. It also calls for implicit bias training, data collection and transparency regarding police stops, searches and arrests.
This letter from the ACLU of Hawaii to the Honolulu Police Department raises concerns about racial disparities in HPD's enforcement of COVID-19 orders and use of force. It cites data showing Micronesians, Black people, Samoans and those experiencing homelessness were disproportionately arrested. It recommends HPD end aggressive enforcement of minor offenses, racial profiling, and using arrest statistics to measure performance. It also calls for implicit bias training, data collection and transparency regarding police stops, searches and arrests.
This document is a complaint filed in circuit court by Jane Doe against The Rehabilitation Hospital of the Pacific and several individuals. Jane Doe alleges she has experienced discrimination and harassment at her job as a physical therapist at Rehab Hospital based on her sexual orientation. She lists several causes of action against the defendants and is seeking damages for the harm to her career and emotional distress caused by the defendants' actions.
This document provides guidance for large or extended families living together during the COVID-19 pandemic. It recommends designating one or two household members who are not at high risk to run necessary errands. When leaving the house, those individuals should avoid crowds, maintain social distancing, frequently wash hands, avoid touching surfaces, and wear cloth face coverings. The document also provides tips for protecting high-risk household members, children, caring for sick members, isolating the sick, and eating meals together while feeding a sick person.
The Office of Hawaiian Affairs (OHA) requests that the State of Hawaii prioritize collecting and reporting disaggregated data on Native Hawaiians relating to the COVID-19 pandemic. Specifically, OHA asks for disaggregated data from the Departments of Health, Labor and Industrial Relations, and Human Services on topics like COVID-19 cases, unemployment claims, and applications for assistance programs. Disaggregated data is critical to understand how the pandemic is impacting Native Hawaiians and to direct resources most effectively. OHA also requests information on how race data is currently collected by these agencies.
The CLA audit of OHA from 2012-2016 found significant issues in OHA's procurement processes and identified $7.8 million across 32 transactions as potentially fraudulent, wasteful, or abusive. The audit found 85% of transactions reviewed contained issues of noncompliance with policies and laws, while 17% (32 transactions) were flagged as "red flags". Common issues included missing procurement documents, lack of evidence that contractors delivered on obligations, and contracts incorrectly classified as exempt from competitive bidding. The audit provides a roadmap for OHA to investigate potential wrongdoing and implement reforms to address deficiencies.
This document provides a list of pro bono legal service providers for immigration courts in Honolulu, Hawaii, Guam, and the Northern Mariana Islands. However, as of the January 2018 revision date, there are no registered pro bono legal organizations for the immigration courts in Honolulu, Hawaii, Guam, or the Northern Mariana Islands. The document also notes that the Executive Office for Immigration Review maintains this list of qualified pro bono legal service providers as required by regulation, but that it does not endorse or participate in the work of the listed organizations.
The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive function. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
Mayor Kirk Caldwell issued a statement regarding the construction of a multi-purpose field at Waimānalo Bay Beach Park. City Council member Ikaika Anderson had requested halting all grubbing work until September 15 out of concern for the endangered Hawaiian hoary bat. However, the environmental assessment states grubbing of woody plants over 15 feet tall should not occur after June 1 to protect young bats. The city contractor will finish grubbing by the end of May as required. Canceling the contract would cost $300,000 in taxpayer money. Therefore, the city will proceed with completing Phase 1, including a multi-purpose field, play area, and parking lot, for $1.43 million, and will review additional
19 जून को बॉम्बे हाई कोर्ट ने विवादित फिल्म ‘हमारे बारह’ को 21 जून को थिएटर में रिलीज करने का रास्ता साफ कर दिया, हालांकि यह सुनिश्चित करने के बाद कि फिल्म निर्माता कुछ आपत्तिजनक अंशों को हटा दें।
18062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
15062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
17062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
Recent years have seen a disturbing rise in violence, discrimination, and intolerance against Christian communities in various Islamic countries. This multifaceted challenge, deeply rooted in historical, social, and political animosities, demands urgent attention. Despite the escalating persecution, substantial support from the Western world remains lacking.
projet de traité négocié à Istanbul (anglais).pdfEdouardHusson
Ceci est le projet de traité qui avait été négocié entre Russes et Ukrainiens à Istanbul en mars 2022, avant que les Etats-Unis et la Grande-Bretagne ne détournent Kiev de signer.
Apna Punjab Media is a Punjabi newspaper that covers local and global news, cultural updates, and community events. It's a trusted source for Punjabi-speaking communities, offering a mix of traditional values and modern insights into Punjab's vibrant life and heritage.
Why We Chose ScyllaDB over DynamoDB for "User Watch Status"ScyllaDB
Yichen Wei and Adam Drennan share the architecture and technical requirements behind "user watch status" for a major global media streaming service, what that meant for their database, the pros and cons of the many options they considered for replacing DynamoDB, why they ultimately chose ScyllaDB, and their lessons learned so far.
केरल उच्च न्यायालय ने 11 जून, 2024 को मंडला पूजा में भाग लेने की अनुमति मांगने वाली 10 वर्षीय लड़की की रिट याचिका को खारिज कर दिया, जिसमें सर्वोच्च न्यायालय की एक बड़ी पीठ के समक्ष इस मुद्दे की लंबित प्रकृति पर जोर दिया गया। यह आदेश न्यायमूर्ति अनिल के. नरेंद्रन और न्यायमूर्ति हरिशंकर वी. मेनन की खंडपीठ द्वारा पारित किया गया
La defensa del expresidente Juan Orlando Hernández, declarado culpable por narcotráfico en EE. UU., solicitó este viernes al juez Kevin Castel que imponga una condena mínima de 40 años de prisión.
16062024_First India Newspaper Jaipur.pdfFIRST INDIA
Find Latest India News and Breaking News these days from India on Politics, Business, Entertainment, Technology, Sports, Lifestyle and Coronavirus News in India and the world over that you can't miss. For real time update Visit our social media handle. Read First India NewsPaper in your morning replace. Visit First India.
CLICK:- https://firstindia.co.in/
#First_India_NewsPaper
विवादास्पद फिल्म के ट्रेलर से गाली-गलौज वाले दृश्य हटा दिए गए हैं, और जुर्माना लगाया गया है। सुप्रीम कोर्ट और बॉम्बे हाई कोर्ट दोनों ने फिल्म की रिलीज पर रोक लगा दी है और उसे निलंबित कर दिया है। पहले यह फिल्म 7 जून और फिर 14 जून को रिलीज होने वाली थी, लेकिन अब यह 21 जून को रिलीज हो रही है।
Christian persecution in Islamic countries has intensified, with alarming incidents of violence, discrimination, and intolerance. This article highlights recent attacks in Nigeria, Pakistan, Egypt, Iran, and Iraq, exposing the multifaceted challenges faced by Christian communities. Despite the severity of these atrocities, the Western world's response remains muted due to political, economic, and social considerations. The urgent need for international intervention is underscored, emphasizing that without substantial support, the future of Christianity in these regions is at grave risk.
https://ecspe.org/the-rise-of-christian-persecution-in-islamic-countries/
Federal Authorities Urge Vigilance Amid Bird Flu Outbreak | The Lifesciences ...The Lifesciences Magazine
Federal authorities have advised the public to remain vigilant but calm in response to the ongoing bird flu outbreak of highly pathogenic avian influenza, commonly known as bird flu.
19 जून को बॉम्बे हाई कोर्ट ने विवादित फिल्म ‘हमारे बारह’ को 21 जून को थिएटर में रिलीज करने का रास्ता साफ कर दिया, हालांकि यह सुनिश्चित करने के बाद कि फिल्म निर्माता कुछ आपत्तिजनक अंशों को हटा दें।
#WenguiGuo#WashingtonFarm Guo Wengui Wolf son ambition exposed to open a far...rittaajmal71
Since fleeing to the United States in 2014, Guo Wengui has founded a number of projects in the United States, such as GTV Media Group, GTV private equity, farm loan project, G Club Operations Co., LTD., and Himalaya Exchange.
#WenguiGuo#WashingtonFarm Guo Wengui Wolf son ambition exposed to open a far...
Ethics Commission decision February 2013
1. BEFORE THE STATE ETHICS COMMISSION
STATE OF HAWAII "13 FEB -8 P4 :43
STATE OF HAWAII
STATE ETHICS COMHISSIJt
HAWAII STATE ETHICS COMMISSION, Charge No. 10-Cg-4
Complainant, FINDINGS OF FACT,
CONCLUSIONS OF LAW,
vs. AND DECISION AND ORDER;
EXHIBIT "A"; CERTIFICATE
WILLIAM ERIC BOYD, OF SERVICE
Respondent.
FINDINGS OF FACT, CONCLUSIONS
OF LAW, AND DECISION AND ORDER
Pursuant to Hawaii Revised Statutes ("HRS") § 84-31 and
HRS chapter 91, the Hawaii State Ethics Commission ("Commission")
convened a hearing on the matter of Hawaii State Ethics
Commission vs. William Eric Boyd, Charge No. 10-Cg-4, on Tuesday,
November 27, 2012, at 9:00a.m., which continued on Wednesday,
November 28, 2012, at 8:30 a.m. The hearing was held at the
University of Hawaii Hila, Ho'oulu Terrace, 200 West Kawili
Street, UCB Room 127, Hila, Hawaii 96720.
Leslie H. Kondo, Esq.·, Virginia M. Chock, Esq., and Stanley
K.W. Chong, Esq., appeared for Complainant Hawaii State Ethics
Commission. Ted H.S. Hong, Esq., appeared for Respondent William
Eric Boyd, who was also present. Monica Morris, Esq., Deputy
Attorney General, appeared for Connections New Century Public
Charter School and officials of the school who testified at the
hearing.
The Commission has heard and carefully considered the
testimony, evidence, and the arguments of counsel presented
during the hearing, along with the proposed Findings of Fact and
Conclusions of Law submitted by the parties. Therefore, under the
authority of HRS § 84-31 and in accordance with HRS chapter 91,
the Commission hereby makes the following Findings of Fact,
Conclusions of Law, and Decision and Order, based upon the
competent and substantial evidence adduced at the hearing.
l do hereby certify that th.. foregoing
;, a full, true, and correct topy of the
orrginal on file in this office.
Secret.,y, State Ethics CommiS!ion
2. I. FINDINGS OF FACT 1
1. Respondent William Eric Boyd ("Respondent") is and
was at all times relevant herein employed as an Administrative
Assistant by Connections New Century Public Charter School
("Connections") .
2. Connections is and was at all times relevant herein
a public charter school created pursuant to HRS chapter 302B
(2007 Repl.).
3. Erika Boyd is and was at all times relevant herein
Respondent's spouse.
A. Purchase of School Materials (Counts 1 through 9)
4. At all times relevant herein, Connections followed
a purchasing procedure to obtain supplies, materials, and
equipment for the school.
5. The purchasing procedure incorporated the use of a
purchase order form that Connections developed.
6. The purchase order form identified, inter alia: (a) the
name and title of the individual making the request, i.e., the
"requestor"; (b) the name, address, and telephone number of the
individual or entity from whom the materials could be purchased,
i.e., the "vendor" or the individual/entity identified on the
line captioned "Payable to:"; (c) the school materials desired,
including the quantity and pricing;·and (d) the name and title
of the individual approving the request, i.e., the individual
signing on the line captioned "Approved." See Exhibits C-18,
C-21, C-23, C-26, C-29, C-32, and C-34.
7. The requestor would usually enter the vendor's name,
address, and telephone number on the purchase order form.
1
In compliance with the Commission's directive, the parties submitted
proposed Findings of Fact and Conclusions of Law on December 17, 2012. The
Commission notes that HRS § 91-12, entitled "Decisions and orders," requires
that, "[i]f any party to the proceeding has filed proposed findings of fact,
the agency shall incorporate in its decision a ruling upon each proposed
finding so presented." Consequently, the Commission's ruling with respect to
each of the proposed findings of fact submitted by the parties is reflected in
the table attached hereto as Exhibit "A."
2
3. 8. As a school employee, Respondent was at all times
relevant herein authorized to submit purchase order forms
requesting the purchase of school materials by Connections.
9. The purchasing procedure also included an approval
process, which involved review of the information on the purchase
order form and, if approved, signature by an authorized school
official on the line captioned "Approved."
10. The approval process also included checking the
school's inventory to make sure that the school did not have the
requested materials and checking with vendors to find the best
prices for the requested materials.
11. The purchase order form may also have involved review
(and approval) by the "Title 1 Coordinator" if the purchase
involved the use of Title 1 funds. See, e.g., Exhibits C-18 and
C-23 (reflecting initials next to requestor's signature/title
indicating the Title 1 coordinator's approval). "Title 1 funds"
are federal monies provided to schools with a high level of
poverty, and such funds may be used to supplement the school's
instructional program.
12. The authority for final approval of a purchase rested
with Connections' Principal John Thatcher ("Principal Thatcher").
13. When Principal Thatcher was unavailable, Respondent, as
a school employee, was at all times relevant herein authorized to
approve purchase orders, which enabled purchases to be expedited.
14. Respondent approved purchase orders by signing his name
on purchase order forms on the line captioned "Approved." See
Exhibits C-21, C-26, C-29, C-32, and C-34.
15. Purchase orders initially approved by Respondent were
subject to final approval by Principal Thatcher.
16. At all times relevant herein, Respondent and his
spouse, Erika Boyd, owned an Amway distributorship business
("Respondent's Amway business"), which operated as a sole
proprietorship.
3
4. 17. Count 1:
(a) On or about September 12, 2006, Respondent, as a
school employee, prepared a Connections purchase order form to
purchase books and signed the form as the "Requestor." See
Exhibit C-18.
(b) Respondent wrote "Erika Boyd," Respondent's spouse
and co-owner of Respondent's Amway business, as the vendor for
the purchase of the books referenced on the purchase order. See
Exhibit C-18.
(c) The purchase order specified a total purchase .
price of $264.45. See Exhibit C-18.
(d) The books referenced on the purchase order, see
Exhibit C-18, were sold to Connections by Respondent's Amway
business through Erika Boyd. See Exhibits C-19 and C-20.
18. Counts 2 and 3:
(a) On or about February 9, 2007, Respondent, as a
school employee, prepared a Connections purchase order form
to purchase school materials, including custodial supplies, a
mini-DV camcorder kit, a fax/copier, and ink. See Exhibit C-21.
(b) Respondent wrote "Erika Boyd," Respondent's
spouse, as the "Requestor" on the purchase order form. See
Exhibit C-21.
(c) Respondent also identified "Erika Boyd,"
Respondent's spouse and co-owner of Respondent's Amway business,
as the vendor for the purchase of the school materials referenced
on the purchase order by writing her name on the line captioned
"Payable to:" on the purchase order form. See Exhibit C-21.
(d) The purchase order specified a total purchase
price of $778.61. See Exhibit C-21.
(e) Respondent approved the purchase order by signing
his name on the purchase order form on the line captioned
"Approved." See Exhibit C-21.
(f) The school materials referenced on the purchase
order, see Exhibit C-21, were.sold to Connections by Respondent's
Amway business through Erika Boyd. See Exhibits C-22 and C-25.
4
5. 19. Count 4:
(a) On or about February 9, 2007, Respondent, as a
school employee, prepared a Connections purchase order form to
purchase three digital camcorders and signed the form as the
"Requestor." See Exhibit C-23.
(b) Respondent identified "Erika Boyd," Respondent's
spouse and co-owner of Respondent's Amway business, as the vendor
for the purchase of the digital camcorders referenced on the
purchase order by writing her name on the line captioned "Payable
to:" on the purchase order form. See Exhi:Oit C-23.
(c) The purchase order specified a total purchase
price of $2,495.97. See Exhibit C-23.
(d) The digital camcorders referenced on the purchase
order, see Exhibit C-23, were sold to Connections by Respondent's
Amway business through Erika Boyd. See Exhibits C-24 and C-25.
20. Counts 5 and 6:
(a) On or about April 2, 2007, Respondent, as a school
employee, prepared a Connections purchase order form to purchase
cleaning supplies. See Exhibit C-26.
(b) Respondent wrote "Erika Boyd," Respondent's
spouse, as the "Requestor" on the purchase order form. See
Exhibit C-26.
(c) Respondent also identified "Erika Boyd,"
Respondent's spouse and co-owner of Respondent's Amway business,
as the vendor for the purchase of the cleaning supplies
referenced on the purchase order by writing her name on the line
captioned "Payable to:" on the purchase order form. See Exhibit
C-26.
(d) The purchase order specified a total purchase
price of $142.47. See Exhibit C-26.
(e) Respondent approved the purchase order by signing
his name on the purchase order form on the line captioned
"Approved." See Exhibit C-26.
(f) The cleaning supplies referenced on the purchase
order, see Exhibit C-26, were sold to Connections by Respondent's
Amway business through Erika Boyd. See Exhibits C-27 and C-28.
5
6. 21. Count 7:
(a) On or about May 8, 2007, a Connections purchase
order form was submitted, seeking uReimbursement for Food, Drinks
and Snacks for House in Indiana." See Exhibit C-29.
(b) uErika Boyd" was identified as the uRequestor" on
the purchase order form. See Exhibit C-29.
(c) The vendor or individual identified on the line
captioned upayable to:" on the purchase order form was uErika
Boyd," Respondent's spouse and co-owner of Respondent's Amway
business. See Exhibit C-29.
(d) The purchase order specified a total cost of
$956.73. See Exhibit C-29.
(e) Respondent approved the purchase order by signing
his name on the purchase order form on the line captioned
uApproved." See Exhibit C-29.
(f) The food, drinks, and snacks referenced on the
purchase order, see Exhibit C-29, were sold to Connections by
Respondent's Amway business through Erika Boyd. See Exhibits
C-30 and C-31.
22. Count 8:
(a) On or about June 29, 2007, a Connections purchase
order form was submitted for the purchase of uclassroom
supplies." See Exhibit C-32.
(b) The vendor or individual. identified on the line
captioned upayable to:" on the purchase order form was uErika
Boyd," Respondent's spouse and co-owner of Respondent's Amway
business. See Exhibit C-32.
(c) The purchase order specified a total purchase
price of $503.14. See Exhibit C-32.
(d) Respondent approved the purchase order by signing
his name on the purchase order form on the line captioned
uApproved." See Exhibit C-32.
6
7. (e) The classroom supplies referenced on the purchase
order, see Exhibit C-32, were sold to Connections by Respon~ent's
Amway business through Erika Boyd. See Exhibits C-33 and C-36.
23. Count 9:
(a) On or about June 29, 2007, a Connections purchase
order form was submitted for the purchase of "classroom
supplies." See Exhibit C-34.
(b) The vendor or individual identified on the line
captioned "Payable to:" on the purchase order form was "Erika
Boyd," Respondent's spouse and co-owner of Respondent's Amway
business. See Exhibit C-34.
(c) The purchase order specified a total purchase
price of $781.90. See Exhibit C-34.
(d) Respondent approved the purchase order by signing
his name on the purchase order form on the line captioned
"Approved." See Exhibit C-34.
(e) The classroom supplies referenced on the
purchase order, see Exhibit C-34, were sold to Connections by
Respondent's Amway business through Erika Boyd. See Exhibits
C-35 and C-36.
B. Lunch Service Program (Counts 10 through 20)
24. In 2007, Connections contracted with "Boyd Enterprises"
to provide school lunches to Connections' high school students.
25. Boyd Enterprises was at all times relevant herein a
sole proprietorship owned by Respondent and his spouse, Erika
Boyd.
26. Boyd Enterprises also did business as "Tropical
Dreams," "Tropical Dreams Ice Cream," and "Just Fabuloso."
27. As part of the procedure for obtaining payment for
school lunches, a "Food Service Certificate" was submitted by
Boyd Enterprises to Connections reflecting the number of school
lunches provided for a particular period and the total cost,
which certificate was deemed to be an invoice. See Exhibits
C-41, C-43, C-45, C-48, C-50, C-52, C-54, C-56, C-58, C-60, and
C-62.
7
8. 28. Respondent signed Food Service Certificates on behalf
of Boyd Enterprises as its "Food Service Manager," certifying
that the number of school lunches reflected on a certificate
represented the number of lunches provided to Connections. See
Exhibits C-41, C-43, C-45, C-48, C-50, C-52, C-54, C-56, C-58,
C-60, and C-62.
29. Boyd Enterprises was required to submit to Connections
a duly signed and certified Food Service Certificate, i.e.,
invoice, before Boyd Enterprises could be paid by Connections
for lunches provided to the school.
30. Respondent submitted duly signed and certified Food
Service Certificates on behalf of Boyd Enterprises to Sandra
Kelley, a school official of Connections, who signed the Food
Service Certificates as part of the payment approval process for
lunches provided by Boyd Enterprises. See Exhibits C-41, C-43,
C-45, C-48, C-50, C-52, C-54, C-56, C-58, C-60, and C-62.
31. Principal Thatcher approved payments to Boyd
Enterprises for Food Service Certificates.
32. In the absence of Principal Thatcher, Sandra Kelley had
the authority to approve payments of Food Service Certificates.
33. Count 10:
(a) On or about January 25, 2007, Boyd Enterprises,
doing business as Tropical Dreams Ice Cream, submitted a Food
Service Certificate to Connections, reflecting that, for the
period January 22 to January 25, 2007, Boyd Enterprises provided
151 school lunches at a cost of $453.00. See Exhibit C-41.
(b) Respondent signed the Food Service Certificate
on behalf of Boyd Enterprises as its Food Service Manager,
certifying that 151 lunches were provided to Connections. See
Exhibit C-41.
(c) Sandra Kelley signed the Food Service Certificate
on the line captioned "School Official" on behalf of Connections.
See Exhibit C-41.
(d) On or about January 25, 2007, Connections paid
$453.00 to Erika Boyd, co-owner of Boyd Enterprises, for the
151 lunches provided by Boyd Enterprises. See Exhibit C-42.
8
9. 34. Count 11:
(a) On or about February 1, 2007, Boyd Enterprises,
doing business as Tropical Dreams Ice Cream, submitted a Food
Service Certificate to Connections, reflecting that, for the
period January 29 to February 1, 2007, Boyd Enterprises provided
150 school lunches at a cost of $450.00. See Exhibit C-43.
(b) Respondent signed the Food Service Certificate
on behalf of Boyd Enterprises as its Food Service Manager,
certifying that 150 lunches were provided to Connections. See
Exhibit C-43.
(c) Sandra Kelley signed the Food Service Certificate
on the line captioned "School Official" on behalf of Connections.
See Exhibit C-43.
(d) The Food Service Certificate provided by Boyd
Enterprises, doing business as Tropical Dreams Ice Cream,
contained the direction, "Please make check payal;>le to Erika
Boyd." See Exhibit C-43.
(e) On or about February 5, 2007, Connections paid
$450.00 to Erika Boyd, co-owner of Boyd Enterpris'es, for the
150 lunches provided by Boyd Enterprises. See Exhibit C-44.
35. Count 12:
(a) On or about February 9, 2007, Boyd Enterprises,
doing business as Tropical Dreams Ice Cream, submitted a Food
Service Certificate to Connections, reflecting that, for the
period February 5 to February 8, 2007, Boyd Enterprises provided
156 school lunches at a cost of $468.00. See Exhibit C-45.
(b) Respondent signed the Food Service Certificate
on behalf of Boyd Enterprises as its Food Service Manager,
certifying that 156 lunches were provided to Connections. See
Exhibit C-45.
(c) Sandra Kelley signed the Food Service Certificate
on the line captioned "School Official" on behalf of Connections.
See Exhibit C-45.
(d) The Food Service Certificate provided by Boyd
Enterprises, doing business as Tropical Dreams Ice Cream,
contained the direction, "Please make check payable to Erika
Boyd." See Exhibit C-45.
9
10. (e) On or about February 9, 2007, Connections paid
$468.00 to Erika Boyd, co-owner of Boyd Enterprises, for the
156 lunches provided by Boyd Enterprises. See Exhibit C-47.
36. Count 13:
(a) On or about February 16, 2007, Boyd Enterprises,
doing business as Tropical Dreams Ice Cream, submitted a Food
Service Certificate to Connections, reflecting that, for the
period February 12 to February 15, 2007, Boyd Enterprises
provided 156 school lunches at a cost of $468.00. See Exhibit
C-48.
{b) Respondent signed the Food Service Certificate
on behalf of Boyd Enterprises as its Food Service Manager,
certifying that 156 school lunches were provided to Connections.
See Exhibit C-48.
(c) Sandra Kelley signed the Food Service Certificate
on the line captioned "School Official" on behalf of Connections.
See Exhibit C-48.
{d) The Food Service Certificate provided by Boyd
Enterprises, doing business as Tropical Dreams Ice Cream,
contained the direction, "Please make check payable to Erika
Boyd." See Exhibit C-48.
(e) On or about February 20, 2007, Connections paid
$468.00 to Erika Boyd, co-owner of Boyd Enterprises, for the
156 lunches provided by Boyd Enterprises. See Exhibit C-49.
37. Count 14:
{a) On or about March 1, 2007, Boyd Enterprises, doing
business as Tropical Dreams Ice Cream, submitted a Food Service
Certificate to Connections, reflecting that, for the period
February 26 to March 1, 2007, Boyd Enterprises provided 144
school lunches at a cost of $432.00. See Exhibit C-50.
{b) Respondent signed the Food Service Certificate
on behalf of Boyd Enterprises as its Food Service Manager,
certifying that 144 lunches were provided to Connections. See
Exhibit C-50.
10
11. (c) Sandra Kelley signed the Food Service Certificate
on the line captioned "School Official" on behalf of Connections.
See Exhibit C-50.
(d) The Food Service Certificate provided by Boyd
Enterprises, doing business as Tropical Dreams Ice Cream,
contained the direction, "Please make check payable to Erika
Boyd." See Exhibit C-50.
(e) On or about March 2, 2007, Connections paid
$432.00 to Erika Boyd, co-owner of Boyd Enterprises, for the
144 lunches provided by Boyd Enterprises. See Exhibit C-51.
38. Count 15:
(a) On or about March 9, 2007, Boyd Enterprises, doing
business as Tropical Dreams Ice Cream, submitted a Food Service
Certificate to Connections, reflecting that, for the period
March 5 to March 9, 2007, Boyd Enterprises provided 149 school
lunches at a cost of $447.00. See Exhibit C-52.
(b) Respondent signed the Food Service Certificate
on behalf of Boyd Enterprises as its Food Service Manager,
certifying that 149 lunches were provided to Connections. See
Exhibit C-52.
(c) Sandra Kelley signed the Food Service Certificate
on the line captioned "School Official" on behalf of Connections.
See Exhibit C-52.
(d) The Food Service Certificate provided by Boyd
Enterprises, doing business as Tropical Dreams Ice Cream,
contained the direction, "Please make check payable to Erika
Boyd." See Exhibit C-52.
(e) On or about March 9, 2007, Connections paid
$447.00 to Erika Boyd, co-owner of Boyd Enterprises, for the
149 lunches provided by Boyd Enterprises. See Exhibit C-53.
39. Count 16:
(a) On or about April 5, 2007, Boyd Enterprises, doing
business as Tropical Dreams Ice Cream, submitted a Food Service
Certificate to Connections, reflecting that, for the period
April 2 to April 5, 2007, Boyd Enterprises provided 152 school
lunches at a cost of $456.00. See Exhibit C-54.
11
12. (b) Respondent signed the Food Service Certificate
on behalf of Boyd Enterprises as its Food Service Manager,
certifying that 152 lunches were provided to Connections. See
Exhibit C-54.
(c) Sandra Kelley signed the Food Service Certificate
on the line captioned "School Official" on behalf of Connections.
See Exhibit C-54.
(d) The Food Service Certificate provided by Boyd
Enterprises, doing business as Tropical Dreams Ice Cream,
contained the direction, "Please make check payable to Erika
Boyd." See Exhibit C-54.
(e) On or about April 5, 2007, Connections paid
$456.00 to Erika Boyd, co-owner of Boyd Enterprises, for the
152 lunches provided by Boyd Enterprises. See Exhibit C-55.
40. Count 17:
(a) On or about April 19, 2007, Boyd Enterprises,
doing business as Tropical Dreams Ice Cream, submitted a Food
Service Certificate to Connections, reflecting that, for the
period April 9 to April 19, 2007, Boyd Enterprises provided
303 school lunches at a cost of $909.00. See Exhibit C-56.
(b) Respondent signed the Food Service Certificate
on behalf of Boyd Enterprises as its Food Service Manager,
certifying that 303 lunches were provided to Connections. See
Exhibit C-56.
(c) Sandra Kelley signed the Food Service Certificate
on the line captioned "School Official" on behalf of Connections.
See Exhibit C-56.
(d) The Food Service Certificate provided by Boyd
Enterprises, doing business as Tropical Dreams Ice Cream,
contained the direction, "Please make check payable to Erika
Boyd." See Exhibit C-56.
(e) On or about April 19, 2007, Connections paid
$909.00 to Erika Boyd, co-owner of Boyd Enterprises, for the
303 lunches provided by Boyd Enterprises. See Exhibit C-57.
12
13. 41. Count 18:
(a) On or about May 10, 2007, Boyd Enterprises, doing
business as Tropical Dreams Ice Cream, submitted a Food Service
Certificate to Connections, reflecting that, for the period May 8
to May 10, 2007, Boyd Enterprises provided 102 school lunches at
a cost of $306.00. See Exhibit C-58.
(b) Respondent signed the Food Service Certificate
on behalf of Boyd Enterprises as its Food Service Manager,
certifying that 102 lunches were provided to Connections. See
Exhibit C-58.
(c) Sandra Kelley signed the Food Service Certificate
on the line captioned "School Official" on behalf of Connections.
See Exhibit C-58.
(d) The Food Service Certificate provided by Boyd
Enterprises, doing business as Tropical Dreams Ice Cream,
contained the direction, "Please make check payable to Erika
Boyd." See Exhibit C-58.
(e) On or about May 10, 2007, Connections paid $306.00
to Erika Boyd, co-owner of Boyd Enterprises, for the 102 lunches
provided by Boyd Enterprises. See Exhibit C-59.
42. Count 19:
(a) On or about May 31, 2007, Boyd Enterprises, doing
business as Tropical Dreams Ice Cream, submitted a Food Service
Certificate to Connections, reflecting that, for the period
May 11 to May 31, 2007, Boyd Enterprises provided 325 school
lunches at a cost of $975.00. See Exhibit C-60.
(b) Respondent signed the Food Service Certificate
on behalf of Boyd Enterprises as its Food Service Manager,
certifying that 325 school lunches were provided to Connections.
See Exhibit C-60.
(c) Sandra Kelley signed the Food Service Certificate
on the line captioned "School Official" on behalf of Connections.
See Exhibit C-60.
(d) The Food Service Certificate provided by Boyd
Enterprises, doing business as Tropical Dreams Ice Cream,
contained the direction, "Please make check payable to Erika
Boyd." see Exhibit C-60.
13
14. (e) On or about May 31, 2007, Connections paid $975.00
to Erika Boyd, co-owner of Boyd Enterprises, for the 325 lunches
provided by Boyd Enterprises. See Exhibit C-61.
43. Count 20:
(a) On or about June 21, 2007, Boyd Enterprises, doing
business as Tropical Dreams Ice Cream, submitted a Food Service
Certificate to Connections, reflecting that, for the period
June 1 to June 7, 2007, Boyd Enterprises provided 55 school
lunches at a cost of $165.00. See Exhibit C-62.
(b) Respondent signed the Food Service Certificate
on behalf of Boyd Enterprises as its Food Service Manager,
certifying that 55 school lunches were provided to Connections.
See Exhibit C-62.
(c) Sandra Kelley signed the Food Service Certificate
on the line captioned "School Official" on behalf of Connections.
See Exhibit C-62.
(d) The Food Service Certificate provided by Boyd
Enterprises, doing business as Tropical Dreams Ice Cream,
contained the direction, "Please make check payable to Erika
Boyd." See Exhibit C-62.
(e) On or about June 22, 2007, Connections paid
$165.00 to Erika Boyd, co-owner of Boyd Enterprises, for the
55 lunches provided by Boyd Enterprises. See Exhibit C-63.
44. To the extent that any of the foregoing Findings of
Fact also contain conclusions of law, they are hereby and shall
be deemed incorporated into the Conclusions of Law.
II. CONCLUSIONS OF LAW
1. The State Ethics Code, codified in HRS chapter 84,
applies to all state employees, except judges and justices, see
HRS § 84-2, and defines an "employee" as:
[A]ny nominated, appointed or elected officer or
employee of the State, including members of
boards, commissions, and committees, and employees
under contract to the State or of the
constitutional convention, but excluding
14
15. legislators, delegates to the constitutional
convention, justices, and judges.
HRS § 84-3.
2. The State Ethics Code defines a "state agency" as:
[T]he State, the legislature and its
committees, all executive departments,
boards, commissions, committees, bureaus,
offices, the University of Hawaii, and all
independent commissions and other
establishments of the state government but
excluding the courts.
HRS § 84-3
3. Connections was at all times relevant herein a "state
agency," as defined in HRS § 84-3. HRS § 302B-1 (2007 Repl.)
(defining "charter school" as "those public schools holding
charters to operate as charter schools under this chapter");
see also HRS § 302A-101 (defining "charter schools" as "public
schools holding charters to operate under chapter 302B").
4. As an employee of Connections, Respondent was at all
times relevant herein an "employee" as defined in HRS § 84-3.
See also December 21, 2012 Order Denying Respondent's Motion to
Dismiss Due to Lack of Jurisdiction, filed August 8, 2012, and
Granting Complainant's Motion for Determination that Respondent
William Eric Boyd is Subject to the State Ethics Code and the
Jurisdiction of the State Ethics Commission, filed August 9,
2012.
5. Respondent was at all times relevant herein subject to
the provisions of the State Ethics Code. HRS § 84-2 (providing
that HRS chapter 84 "shall apply to every . . . employee . . . of
the State . . . but excluding justices and judges").
6. In a contested case hearing held pursuant to HRS
§ 84-31, the Commission's findings must be based upon competent
and substantial evidence. HRS § 84-31(c).
7. In order to find that an employee has violated the
State Ethics Code, the Complainant is not required to prove that
the employee had actual knowledge of the law nor an intent to
violate the law. State v. Keawemauhili, 114 Hawaii 100, 157 P.2d
539 (2007) (holding that state of mind requirements do not apply
15
16. to offenses punishable by civil penalties unless a legislative
intent to impose a state of mind requirement clearly appears) .
A. Purchase of School Materials (Counts 1 through 9)
8. The conflicts of interests law in the State Ethics Code
prohibits an employee from taking official action directly
affecting a business or other undertaking in which the employee
has a substantial financial interest. HRS § 84-14(a).
9. The State Ethics Code defines "official action" as:
[A] decision, recommendation, approval,
disapproval, or other action, including inaction,
involving the use of discretionary authority.
HRS § 84-3.
10. As defined, "official action~ is not limited to a
"final" decision, recommendation, approval, disapproval, or other
action or inaction involving the use of discretionary authority.
11. "Official action" includes a decision, recommendation,
approval, disapproval, or other action or inaction involving the
use of discretionary authority that contributes to, or is part
of, a state agency's decision-making process or procedure, and
is preliminary to the state agency's "final" decision.
12. The State Ethics Code defines "business" as:
[A] corporation, a partnership, a sole
proprietorship, a trust or foundation, or any
other individual or organization carrying on a
business, whether or not operated for profit.
HRS § 84-3.
13. The State Ethics Code defines a "financial interest"
to include an ownership interest in a business. HRS § 84-3.
14. The State Ethics Code further defines the financial
interests of a state employee to include the financial interests
of the employee's spouse. HRS § 84-3.
15. The Amway distributorship owned and operated as a sole
proprietorship by Respondent and Respondent's spouse, Erika Boyd,
16
17. was at all times relevant herein a "business," as defined in
HRS § 84-3.
16. At all times relevant herein, Respondent had a
substantial financial interest in the Amway business that he and
his spouse Erika Boyd owned.
17. Respondent, as a school employee, prepared purchase
order forms requesting that Connections purchase, or be supplied
with, school materials from Erika Boyd, Respondent's spouse and
co-owner of Respondent's Amway business, by:
{a) Signing Respondent's name as the "Requestor" and
identifying Erika Boyd as the vendor; and
{b) Identifying Erika Boyd as both the "Requestor" and the
vendor.
18. By requesting that Connections purchase, or be supplied
with, school materials from Erika Boyd, co-owner of Respondent's
Amway business, Respondent was in effect "ordering" materials
from Respondent's Amway business. See The American Heritage
Dictionary 1241 (5th ed. 2011) (defining "order" as "to request
to be supplied with").
19. Respondent's actions in preparing purchase order forms,
as a school employee, to "order" (i.e., request that Connections
purchase or be supplied with) school materials from Erika Boyd,
regardless of whether Respondent's request was subject to
approval by another school official, was an exercise of
discretionary authority which constituted "official action."
HRS § 84-3.
20. Respondent's approval of purchase orders: (a) was ·part
of the approval process for Connections to purchase and pay for
school materials; and (b) enabled Connections to expedite
purchases and payments for school materials when Principal
Thatcher was unavailable.
21. Respondent's approval of the purchase orders in
evidence provided approval for the purchase of school materials
and for payment of the vendor's purchase price as listed on the
purchase orders.
22. Respondent's approval of purchase orders, as a school
employee, whether preliminary or final, was an exercise of
17
18. discretionary authority which constituted "official action."
HRS § 84-3.
23. On or about September 12, 2006, Respondent took
official action directly affecting Respondent's Amway business,
in violation of HRS § 84-14(a), by ordering (i.e., requesting
that Connections purchase or be supplied with) books from Erika
Boyd, which were sold to Connections by Respondent's Amway
business, in the amount of $264.45. (Count 1)
24. On or about February 9, 2007, Respondent took official
action directly affecting Respondent's Amway business, in
violation of HRS § 84-14(a), by ordering (i.e., requesting that
Connections purchase or be supplied with) school materials from
Erika Boyd, which were sold to Connections by Respondent's Amway
business, in the amount of $778.61. (Count 2)
25. On or about February 9, 2007, Respondent took official
action directly affecting Respondent's Amway business, in
violation of HRS § 84-14(a), by approving the purchase of school
materials from Erika Boyd and by approving payment of the
purchase price to Erika Boyd in the amount of $778.61 for the
materials sold to Connections by Respondent's Amway business.
(Count 3)
26. On or about February 9, 2007, Respondent took official
action directly affecting Respondent's Amway business, in
violation of HRS § 84-14(a), by ordering (i.e., requesting that
Connections purchase or be supplied with) digital camcorders from
Erika Boyd, which were sold to Connections by Respondent's Amway
business, in the amount of $2,495.97. (Count 4)
27. On or about April 2, 2007, Respondent took official
action directly affecting Respondent's Amway business, in
violation of HRS § 84-14(a), by ordering (i.e., requesting that
Connections purchase or be supplied with) cleaning supplies from
Erika Boyd, which were sold to Connections by Respondent's Amway
business, in the amount of $142.47. (Count 5)
28. On or about April 2, 2007, Respondent took official
action directly affecting Respondent's Amway business, in
violation of HRS § 84-14(a), by approving the purchase of
cleaning supplies from Erika Boyd and by approving payment of
the purchase price to Erika Boyd in the amount of $142.47 for
the cleaning supplies sold to Connections by Respondent's Amway
business. (Count 6)
18
19. 29. On or about May 8, 2007, Respondent took official
action directly affecting Respondent's Amway business, in
violation of HRS § 84-14(a), by approving the purchase of food,
drinks, and snacks from Erika Boyd and by approving payment of
the purchase price to Erika Boyd in the amount of $956.73 for
food, drinks, and snacks sold to Connections by Respondent's
Amway business. (Count 7)
30. On or about June 29, 2007, Respondent took official
action directly affecting Respondent's Amway business, in
violation of HRS § 84-14(a), by approving the purchase of
"classroom supplies" from Erika Boyd and by approving payment
of the purchase price to Erika Boyd in the amount of $503.14 for
the "classroom supplies" sold to Connections by Respondent's
Amway business. (Count 8)
31. On or about June 29, 2007, Respondent took official
action directly affecting Respondent's Amway business, in
violation of HRS § 84-14(a), by approving the purchase of
"classroom supplies" from Erika Boyd and by approving payment
of the purchase price to Erika Boyd in the amount of $781.90 for
the "classroom supplies" sold to Connections by Respondent's
Amway business. (Count 9)
B. Lunch Service Program (Counts 10 through 20)
32. The conflicts of interests law in the State Ethics Code
prohibits an employee from assisting any person or business or
acting in a representative capacity for a fee or other
compensation on a bill, contract, claim, or other transaction or
proposal before the employee's agency. HRS § 84-14(d).
33. Boyd Enterprises, doing business as "Tropical Dreams,"
"Tropical Dreams Ice Cream," and "Just Fabuloso," was at all
times relevant herein a "business," as defined in HRS § 84-3.
34. The State Ethics Code defines "compensation" as:
[A]ny money, thing of value, or economic
benefit conferred on or received by any
person in return for services rendered or
to be rendered by oneself or another.
HRS § 84-3.
19
20. 35. Payments made by Connections to Boyd Enterprises for
school lunch services were "compensation" to Respondent, as a
co-owner of Boyd Enterprises. HRS § 84-3.
36. Respondent assisted or represented a business (i.e.,
Boyd Enterprises) for compensation on a transaction before his
agency (i.e., Connections) by signing Food Service Certificates
(i.e., invoices), as Boyd Enterprises' Food Service Manager,
certifying the number of lunches provided to Connections and
submitting Food Service Certificates to Connections on behalf
of Boyd Enterprises for payment.
37. On or about January 25, 2007, Respondent assisted or
represented a business for compensation on a transaction before
his agency, in violation of HRS § 84-14(d), by signing a Food
Service Certificate as Boyd Enterprises' Food Service Manager,
certifying that, for the period January 22 to January 25, 2007,
151 lunches were provided to Connections at a cost of $453.00,
and submitting the Food Service Certificate to Connections on
behalf of Boyd Enterprises for payment. (Count 10)
38. On or about February 1, 2007, Respondent assisted or
represented a business for compensation on a transaction before
his agency, in violation of HRS § 84-14(d), by signing a Food
Service Certificate as Boyd Enterprises' Food Service Manager,
certifying that, for the period January 29 to February 1, 2007,
150 lunches were provided to Connections at a cost of $450.00,
and submitting the Food Service Certificate to Connections on
behalf of Boyd Enterprises for payment. (Count 11)
39. On or about February 9, 2007, Respondent assisted or
represented a business for compensation on a transaction before
his agency, in violation of HRS § 84-14(d), by signing a Food
Service Certificate as Boyd Enterprises' Food Service Manager,
certifying that, for the period February 5 to February 8, 2007,
156 lunches were provided to Connections at a cost of $468.00,
and submitting the Food Service Certificate to Connections on
behalf of Boyd Enterprises for payment. (Count 12)
40. On or about February 16, 2007, Respondent assisted or
represented a business for compensation on a transaction before
his agency, in violation of HRS § 84-14(d), by signing a Food
Service Certificate as Boyd Enterprises' Food Service Manager,
certifying that, for the period February 12 to February 15, 2007,
156 lunches were provided to Connections at a cost of $468.00,
and submitting the Food Service Certificate to Connections on
behalf of Boyd Enterprises for payment. (Count 13)
20
21. 41. On or about March 1, 2007, Respondent assisted or
represented a business for compensation on a transaction before
his agency, in violation of HRS § 84-14(d), by signing a Food
Service Certificate as Boyd Enterprises' Food Service Manager,
certifying that, for the period February 26 to March 1, 2007,
144 lunches were provided to Connections at a cost of $432.00,
and submitting the Food Service Certificate to Connections on
behalf of Boyd Enterprises for payment. (Count 14)
42. On or about March 9, 2007, Respondent assisted or
represented a business for compensation on a transaction before
his agency, in violation of HRS § 84-14(d), by signing a Food
Service Certificate as Boyd Enterprises' Food Service Manager,
certifying that, for the period March 5 to March 9, 2007, 149
lunches were provided to Connections at a cost of $447.00, and
submitting the Food Service Certificate to Connections on behalf
of Boyd Enterprises for payment. (Count 15)
43. On or about April 5, 2007, Respondent assisted or
represented a business for compensation on a transaction before
his agency, in violation of HRS § 84-14(d), by signing a Food
Service Certificate as Boyd Enterprises' Food Service Manager,
certifying that, for the period April 2 to April 5, 2007, 152
lunches were provided to Connections at a cost of $456.00, and
submitting the Food Service Certificate to Connections on behalf
of Boyd Enterprises for payment. (Count 16)
44. On or about April 19, 2007, Respondent assisted or
represented a business for compensation on a transaction before
his agency, in violation of HRS § 84-14(d), by signing a Food
Service Certificate as Boyd Enterprises' Food Service Manager,
certifying that, for the period April 9 to April 19, 2007, 303
lunches were provided to Connections at a cost of $909.00, and
submitting the Food Service Certificate to Connections on behalf
of Boyd Enterprises for payment. (Count 17)
45. On or about May 10, 2007, Respondent assisted or
represented a business for compensation on a transaction before
his agency, in violation of HRS § 84-14(d), by signing a Food
Service Certificate as Boyd Enterprises' Food Service Manager,
certifying that, for the period May 8 to May 10, 2007, 102
lunches were provided to Connections at a cost of $306.00, and
submitting the Food Service Certificate to Connections on behalf
of Boyd Enterprises for payment. (Count 18)
21
22. 46. On or about May 31, 2007, Respondent assisted or
represented a business for compensation on a transaction before
his agency, in violation of HRS § 84-14(d), by signing a Food
Service Certificate as Boyd Enterprises' Food Service Manager,
certifying that, for the period May 11 to May 31, 2007, 325
lunches were provided to Connections at a cost of $975.00, and
submitting the Food Service Certificate to Connections on behalf
of Boyd Enterprises for payment. (Count 19)
47. On or about June 21, 2007, Respondent assisted or
represented a business for compensation on a transaction before
his agency, in violation of HRS § 84-14(d), by signing a Food
Service Certificate as Boyd Enterprises' Food Service Manager,
certifying that, for the period June 1 to June 7, 2007, 55
lunches were provided to Connections at a cost of $165.00, and
submitting the Food Service Certificate to Connections on behalf
of Boyd Enterprises for payment. (Count 20)
48. An employee who violates a provision of HRS chapter 84
shall be subject to an administrative fine imposed by the Hawaii
State Ethics Commission that shall not exceed $500 for each
violation. HRS § 84-39.
49. To the extent that any of the foregoing Conclusions of
Law also contain findings of fact, they are hereby and shall be
incorporated into the Findings of Fact.
III. DECISION AND ORDER
Based upon the foregoing Findings of Fact and Conclusions
of Law, the Commission hereby determines as follows:
1. Respondent committed nine (9) violations of HRS
§ 84-14(a) (Counts 1 through 9) and eleven (11) violations of
HRS § 84-14(d) (Counts 10 through 20).
2. An administrative fine of FIVE HUNDRED DOLLARS
($500.00) for each of the violations committed by Respondent
is appropriate and shall be imposed. HRS § 84-39.
THEREFORE, IT IS HEREBY ORDERED that an administrative fine
in the total amount of TEN THOUSAND DOLLARS ($10,000.00) is
hereby imposed against Respondent William Eric Boyd; and
IT IS FURTHER ORDERED that Respondent shall forward a check
in the amount of TEN THOUSAND DOLLARS ($10,000.00) payable to the
22
23. "State of Hawaii" to the Hawaii State Ethics Commission office
no later than sixty (60) days from the date of this Decision and
Order, see HRS § 84-39 (stating that all fines collected under
this section shall be deposited in the State's general fund).
DATED: February 8, 2013.
HAWAII STATE ETHICS COMMISSION
ir
Note: There were two vacancies on the Commission when the
Findings of Fact, Conclusions of Law, and Decision and
Order were issued.
23
24. RESPONDENT'S PROPOSED FINDINGS OF FACTS
Paragraph Numbers Accepted/Rejected Reasoning
1, 2, 3 &4 Rejected Unnecessary for decision and information
readily available in the record
5, 16 & 21 Accepted in substance Relevant and supported by the evidence
6, 7, 8, 9, Rejected Immaterial and/or irrelevant to the decision
10, 11, 13, 15, 17,
22,24,25,26,27,28,
51,52 & 53
23, 30, 31, 32, 40, Rejected Not sufficiently supported by the evidence
41, 42, 43, 44, 45,
46, 47, 48,49 & 50 .
12 & 14 Rejected Immaterial and/or irrelevant to the decision;
also not sufficiently supported by the
evidence
18 & 19 Partially accepted in substance Partially accepted, in substance, as relevant
and partially rejected and supported by the evidence; partially
rejected as immaterial and/or irrelevant to the
decision
20 Partially accepted in substance Partially accepted, in substance, as relevant
and partially rejected and supported by the evidence; partially
rejected as an incomplete statement of the
facts
29 Partially accepted in substance Partially accepted, in substance, as relevant
and partially rejected and supported by the evidence; partially
rejected as not sufficiently supported by the
evidence
33, 34, 35, 36, 37 & 38 Rejected Not sufficiently supported by the evidence
and/or incomplete statement of the facts
39 Rejected Not sufficiently supported by the evidence
and/or incomplete statement of the facts; also
immaterial and/or irrelevant to the decision
COMPLAINANT'S PROPOSED FINDINGS OF FACTS
All of Complainant's proposed findings are accepted, in substance, as relevant and supported by the evidence,
except for paragraph 21, which is rejected as not sufficiently supported by the evidence.
EXHIBIT "A"
25. BEFORE THE HAWAII STATE ETHICS COMMISSION
STATE OF HAWAII
HAWAII STATE ETHICS COMMISSION, ) Charge No. 10-Cg-4
)
Complainant, ) CERTIFICATE OF SERVICE
)
vs. )
)
WILLIAM ERIC BOYD, )
)
Respondent. )
)
CERTIFICATE OF SERVICE
I hereby certify that on this date, a certified copy of the
foregoing document, Findings of Fact, Conclusions of Law, and
Decision and Order, was served upon the following individual by
email and by certified mail, return receipt requested, as noted
below:
Ted H. S. Hong, Esq.
P.O. Box 4217
Hilo, Hawaii 96720 Email: thshong®msn.com
Attorney for Respondent
I also hereby certify that on this date, a certified copy of
the foregoing document, Findings of Fact, Conclusions of Law, and
26. Decision and Order, was served upon the following individual
by email and by personal delivery as noted below:
Leslie H. Kondo, Esq.
1001 Bishop Street, Suite 970
Honolulu, Hawaii 96813 Email: ChargeCounsel®hawaiiethics.org
Charge Counsel for Complainant
DATED: February 8, 2013.
Susan D. Yoza
Nancy C. Neuffer
Commission Counsel for
Hawaii State Ethics Commission