This story has been corrected. |
A complaint filed by activist Carroll Cox resulted in the Honolulu Ethics Commission imposing a $650 fine on a member of the city Planning Commission. The commission referred the matter to the Carlisle administration to determine whether further disciplinary action is warranted.
In an advisory opinion published this week, the commission said Andrew Jamila failed to disclose a conflict of interest in 2009 while participating in hearings related to a permit for the Waimanalo Gulch landfill. The commission said Jamila also failed to recuse himself from decision-making and did not disclose the conflict on financial disclosure forms even after being told by the Ethics Commission of the requirement to do so.
Jamila, who told the commission he had not read its notice carefully enough, did not return a telephone message left Thursday at his business. The commission said Jamila was cooperative with the investigation.
A spokeswoman for Mayor Peter Carlisle said the opinion was received and is being reviewed.
According to the advisory opinion, Jamila, president of the Waimanalo Construction Coalition, received about $120,000 in grants since 2007 from the Leeward Coast Community Benefits Package, a grant program established in 2006 to offset impacts of the landfill on West Oahu areas.
When extension and expansion of the Waimanalo Gulch landfill permit came before the Planning Commission, Jamila disclosed the conflict to the Ethics Commission.
The Ethics Commission informed Jamila by email that a conflict existed because a reasonable member of the public could conclude that "receiving the benefit package could dispose you to act favorably on behalf of the city regarding the landfill," the Ethics Commission opinion states.
From May through August 2009, Jamila failed to disclose the conflict when participating on 14 matters related to Waimanalo Gulch Landfill and failed to recuse himself from seven votes, the Ethics Commission said. He subsequently failed to disclose the conflict on financial disclosure forms and on information used by the Hannemann administration when he was reappointed to the Planning Commission in 2010.
"Mr. Jamila alleged that he failed to read the entire email thoroughly," the order states.
The Ethics Commission determined there was no fiscal impact caused to the city because nullifying his vote on the seven votes in which he took part would not have changed the outcome.
The Planning Commission in 2009 approved an extension and expansion of the Waimanalo Gulch Landfill until it reached capacity. The state Land Use Commission disregarded the recommendation and instead imposed a deadline of July 31, 2012, to close the landfill for all solid waste except ash from the HPOWER waste-to-energy plant. The city has appealed that deadline.
CORRECTION
A city Ethics Commission advisory opinion issuing a $650 fine on a member of the city Planning Commission was the result of a complaint filed by activist Carroll Cox. The article above did not mention Cox.
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