Boyd v. Hawai‘i State Ethics Comm'n
| Decision Date | 19 August 2015 |
| Docket Number | No. CAAP–14–0000352.,CAAP–14–0000352. |
| Citation | 136 Hawai'i 140,358 P.3d 709 |
| Parties | William Eric BOYD, Appellant/Appellee/Cross–Appellant, v. HAWAI‘I STATE ETHICS COMMISSION, State of Hawai‘i, Appellee/Appellant/Cross–Appellee. |
| Court | Hawaii Court of Appeals |
Ted H.S. Hong, Hilo, on the brief, for Appellant/Appellee/Cross–Appellant.
Kimberly Tsumoto Guidry, First Deputy Solicitor General, on the brief, for Appellee/Appellant/Cross–Appellee.
Appellee/Appellant/Cross–Appellee Hawai‘i State Ethics Commission (Commission ) and Appellant/Appellee/Cross–Appellant William Eric Boyd (Boyd ) both appeal from the "Decision and Order Affirming In Part And Reversing In Part Hawai‘i State Ethics Commission's Findings of Fact, Conclusions of Law And Decision And Order" (Order ) entered October 7, 2013 in the Circuit Court of the Third Circuit1 (circuit court ).
This is a secondary appeal from the circuit court's review of the Commission's "Findings Of Fact, Conclusions Of Law, And Decision And Order" (FOF/COL ), entered February 8, 2013, that found Boyd guilty of violating the Hawai‘i Revised Statutes (HRS) chapter 84's Code of Ethics (Code of Ethics ) violations. On appeal, the Commission contends the circuit court erred in reversing in part its FOF/COL, holding that Boyd was guilty of violating HRS § 84–14(d) (2012 Repl.) (Counts 10–20). On cross appeal, Boyd contends the circuit court erred in affirming in part the Commission's FOF/COL because (1) the Commission lacked appellate jurisdiction to bring charges against Boyd because Boyd was not a State employee; (2) the State violated its own procedural rules so as to violate Boyd's constitutional due process protections; (3) the Commission was not a fair and impartial tribunal so as to violate Boyd's constitutional due process protections; (4) the Commission failed to prove that Boyd violated HRS § 84–14(a) (Counts 1–9); and (5) the Commission's overall actions were arbitrary, capricious, and an abuse of discretion.
Boyd was an Administrative Assistant at Connections New Century Public Charter School (Connections ), a public charter school created pursuant to HRS chapter 302B. As an employee of Connections, Boyd was authorized to submit purchase order forms requesting that Connections purchase school materials.
Connections utilized a purchase procedure to obtain supplies, material, and equipment for the school, which included use of a form the school developed for purchase requests (purchase order form ). The purchase order form identified (a) the name and title of the individual making the request (requestor ); (b) the name, address, and telephone number of the individual or entity from whom the materials could be purchased (vendor ); (c) the school materials desired, including the quantity and pricing; and (d) the name of the individual approving the request. The requestor would enter the vendor's name, address, and telephone number on the purchase order form, then submit the purchase order form to an authorized Connections official for approval. Connection's Principal, John Thatcher (Principal Thatcher ), had the final authority for approval of all purchase requests. If Principal Thatcher was unavailable, Boyd was authorized to preliminarily approve purchase orders, but all of Boyd's approvals were subject to final approval by Principal Thatcher, as indicated by Principal Thatcher's initials or signature on the purchase order form. The approval process also requires someone check the school's inventory to make sure the school did not have the requested material, check with vendors to find the best prices for the requested materials, and have the "Title 1 Coordinator" review and approve the order, if the purchase involved the use of Title 1 funds.2
On September 12, 2006, February 9, 2007, April 2, 2007, May 8, 2007, and June 29, 2007, Boyd prepared, signed as "Requestor," and/or approved various Connections purchase order forms to purchase school materials for the school.
On certain of the aforementioned purchase order forms, Boyd wrote his wife's name, Erika Boyd (Erika ), as the requestor and also identified Erika as the vendor by writing her name on the line captioned "Payable to:". On two of the purchase order forms, Principal Thatcher approved of the purchase order by signing on the line captioned "Approved." On all other forms, Boyd approved the purchase order and Principal Thatcher subsequently initialed the purchase order form to indicate his final approval. The school materials referenced on all purchase order forms were sold to Connections through Erika and were fulfilled by an Amway distributorship business that Boyd and Erika co-owned (Amway business ).
In 2007, Connections contracted with "Boyd Enterprises" to provide school lunches to Connections' high school students. Boyd Enterprises was co-owned by Boyd and his wife, Erika, and also did business as "Tropical Dreams," "Tropical Dreams Ice Cream," and "Just Fabuloso."
As part of the procedure for obtaining payment for the school lunches Boyd Enterprise provided, Boyd Enterprises submitted invoices, titled a "Food Service Certificates," (Food Service Certificate ) to Connections that reflected the number of school lunches provided to the school and the total cost owed to Boyd Enterprises. Boyd Enterprises was required to submit to Connections a duly signed and certified Food Service Certificate before Connections could pay Boyd Enterprises for lunches provided to the school. Principal Thatcher had the authority to approve payments to Boyd Enterprises for Food Service Certificates. In the absence of Principal Thatcher, Sandra Kelley (Kelley ), a school official at Connections, had the authority to approve payment of the Food Service Certificates.
Boyd Enterprises, doing business as Tropical Dreams Ice Cream, submitted several Food Service Certificates to Connections reflecting that Boyd Enterprises provided a varying number of school lunches to the school. Boyd signed the Food Service Certificates on behalf of Boyd Enterprises as its "Food Service Manager," certifying that the lunches had been provided. Kelley signed the Food Service Certificates on the line captioned "School Official" on behalf of Connections. "Please make check payable to Erika Boyd" was on all but one of the Food Service Certificates.
On the following dates, Boyd, as a representative of Boyd Enterprises, submitted the Food Service Certificates to Connections:
Connections paid Erika for the lunches Boyd Enterprises provided.
In a Charge dated October 20, 2010, the Commission formally charged Boyd with violating HRS § 84–14(a) and (d) of the Code of Ethics. On November 22, 2010, Boyd filed an Answer to the Commission's Charge.
On April 18, 2012, the Commission issued its "Further Statement of Alleged Violation" in furtherance of its original October 20, 2010 Charge against Boyd. The Commission's Further Statement of Alleged Violation charged Boyd with nine counts of HRS § 84–14(a) violations, for requesting and approving the purchase of school materials from Boyd's Amway business, and eleven counts of HRS § 84–14(d) violations, for assisting Boyd Enterprises in transactions to provide lunches to Connections for compensation. The Commission's Further Statement of Alleged Violation charged the following:
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