H)NLULU

ETNJC, C*iISION
RE VLU
THE ETHICS COMMISSIONj5 OCT 14 11 .58
CITY & COUNTY OF HONOLULU
CHARLES W. TOTTO, in His Capacity

Case No. EC No. 14-260

as Executive Director and Legal Counsel,

Honolulu Ethics Commission,
Complainant,
ORDER GRANTING RESPONDENTS
MOTION FOR SUMMARY JUDGMENT

ANN KOBAYASHI, Councilmember,

District 5, City and County of Honolulu,
for Violations of Revised Ordinances of
Honolulu (ROH) Sec. 3-8.8(b)
[RECEIPT OF PROHIBITED GIFTS],
and Revised Charter of Honolulu
(RCH) Sec. 11-103 [FAILURE TO
FILE CONFLICT OF INTEREST

Hearing:
October 9, 2015 at 9:00 a.m.

Respondent.
CHARLES W. TOTTO, in His Capacity
as Executive Director and Legal Counsel,
Honolulu Ethics Commission,
Complainant,

Case No. EC No. 14-261

IKAIKA ANDERSON, Councilmember,

District 3, City and County of Honolulu,
for Violations of Revised Ordinances of
Honolulu (ROH) Sec. 3-8.8(b)
[RECEIPT OF PROHIBITED GIFTS],
and Revised Charter of Honolulu
(RCH) Sec. 11-103 [FAILURE TO
FILE CONFLICT OF INTEREST

Respondent.

CHARLES W. TOTTO, in His Capacity

as Executive Director and Legal Counsel,
Honolulu Ethics Commission,
Complainant,
Case No. EC No. 14-312
DONOVAN DELA CRUZ, former
Councilmember, District 2, City and
County of Honolulu, for Violations of
Revised Ordinances of Honolulu
(ROH) Sec. 3-8.8(b) [RECEIPT OF
PROHIBITED GIFTS], and Revised
Charter of Honolulu (RCH) Sec. 11103 [FAILURE TO FILE CONFLICT
OF INTEREST DISCLOSURES],
Respondent.

ORDER GRANTING RESPONDENTS MOTION FOR SUMMARY JUDGMENT

On October 9, 2015 the hearing on Respondents Motion for Summary Judgment
occurred, before Ethics Commissioners (EC) Judge Riki May Amano (Ret.), Judge
Victoria S. Marks (Ret.), Steven Silva and Judge AlIene K. Suemori (Ret.). Laurie A
Wong, Esq. appeared on behalf of the Complainant. Colleen Hanabusa, Esq. appeared
on behalf of the Respondents.
Having reviewed the motion, memoranda in opposition, Reply memoranda,
exhibits, records and files and having heard and considered the arguments of counsel
and good cause appearing,
Respondents Motion for Summary Judgment is GRANTED.

After considering the motion, the exhibits and hearing Respondents

arguments, the Complainant DISMISSED all claims against Respondent
Kobayashi.
2.

After considering the motion, the exhibits and hearing Respondents

arguments, the Complainant DISMISSED all claims against Respondent
Anderson except for an allegation that meals on July 19, 2011, December 14,
2011 and March 31, 2012 in the aggregate violated the $200 gift limit. The
EC finds and concludes that as to this one matter, the Complainant failed to
sufficiently rebut Respondents argument that this March 31, 2012 meal was
related to campaign matters and/or politics, and, as such, the EC lacks
jurisdiction. Lacking jurisdiction over the March 31, 2012 meal, the remaining
meals forming the basis of Complainants allegation do not exceed the $200
gift limit and the EC therefore grants Respondents Motion for Summary
Judgment on that allegation.

3.

After considering the motion, the exhibits and hearing Respondents

arguments, the Complainant DISMISSED all claims against Respondent Dela
Cruz.
As a result of the Complainants Dismissals and the ECs granting of the

Respondents Motion for Summary Judgment, this matter is concluded as to all claims
and all parties. All deadlines and hearing dates are taken off calendar.

DATED:

Honolulu, Hawaii:

(O/f/:H21c-

er Riki May Amano

Corn issioner Steen Silva

_-)

(Date)

Commissioner Victoria S. Marks

(bat

/o,4t
(Oate)

Commissioner Allene K. Suemori (Date)

.i

Totto v. Ann Kobayashi, etaL, EC Nos. 14-260, 14-261 and 14-312, Order Granting
Respondents Motion For Summary Judgment.