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Home My WebLink About10/25/2011 Special Council MeetingSPECIAL COUNCIL MEETING OCTOBER 25, 2011 The Special Meeting of the Council of the County of Kauai, was called to order by the Council Chair at the Council Chambers, 4396 Rice Street, Suite 201, Lihu`e, Kauai, on Tuesday, October 25, 2011 at 3:08 p.m., after which the following members answered the call of the roll: Honorable Tim Bynum Honorable Dickie Chang Honorable KipuKai Kuali`i. Honorable Nadine K. Nakamura Honorable Mel Rapozo Honorable JoAnn A. Yukimura Honorable Jay Furfaro APPROVAL OF AGENDA. Mr. Rapozo moved for approval of the agenda as circulated, seconded by Ms. Yukimura, and unanimously carried. EXECUTIVE SESSION: ES -509 Pursuant to Hawaii Revised Statutes Sections 92 -4 and 92 -5(a), and Kauai County Charter Section 3.07(E), the County Council requests an executive session with the County Attorney pertaining to the setting of salaries for the County Clerk and County Auditor, and if necessary, to consult with the County's legal counsel. This session pertains to matters affecting the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. ES -510 Pursuant to Hawaii Revised Statutes Sections 92 -4 and 92- 5(a)(2 & 4), and Kauai County Charter Section 3.07(E), the County Council requests an executive session with the County Attorney pertaining to the hiring of a County Clerk, and, if necessary, to consult with the County's legal counsel. This session pertains to the hiring of a County Clerk where consideration of matters affecting privacy will be involved, and, if necessary, to consult with legal counsel regarding the powers, duties, privileges, immunities, and /or liabilities of the Council and the County as they relate to this agenda item. There being no objections, the rules were suspended. MARC GUYOT, Deputy County Attorney: ES -510, Pursuant to Hawaii Revised Statutes Sections 92 -4 and 92- 5(a)(2 & 4), and Kauai County Charter 2 SPECIAL COUNCIL MEETING OCTOBER 25, 2011 Section 3.07(E), the County Council requests an executive session with the County Attorney pertaining to the hiring of a County Clerk, and, if necessary, to consult with the County's legal counsel. This session pertains to the hiring of a County Clerk where consideration of matters affecting privacy will be involved, and, if necessary, to consult with legal counsel regarding the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. ES -509, Pursuant to Hawaii Revised Statutes Sections 92 -4 and 92 -5(a), and Kauai County Charter Section 3.07(E), the County Council requests an executive session with the County Attorney pertaining to the setting of salaries for the County Clerk and County Auditor, and if necessary, to consult with the County's legal counsel. This session pertains to matters affecting the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. There being no objections, the meeting was called back to order. Council Chair Furfaro: I would like to get an approval so we can move into executive session on these two items. Mr. Rapozo moved to convene in Executive Session to discuss ES -510 and ES -509, respectively, seconded by Mr. Chang. Council Chair Furfaro: Is there any discussion before I do a roll call vote? Council Vice Chair Yukimura? Ms. Yukimura: I'm wondering whether in discussing the process that we follow whether that's an executive session matter or is that something for open discussion? There being no objections, the rules were suspended. Mr. Guyot: Vice Chair Yukimura would you be referring to ES -509? Ms. Yukimura: I'm sorry, it's the second item, well the first item you'read regarding the recruiting of a clerk and my question was whether in discussing the process or procedure for hiring a clerk whether that shouldn't be in open session versus the actual selection process which would of course be in closed session? Mr. Guyot: It's and I may be wrong on this that there was an announcement put out for the opening for the County Clerk position and did that not lay out sufficient parameters or do you feel that there's others that you need to discuss prior to going? 3 SPECIAL COUNCIL MEETING OCTOBER 25, 2011 Ms. Yukimura: I know that at least I have some concerns which I'd like to discuss in the process of defining exactly what we want, not in terms of minimum qualifications but in terms of desirable qualifications of a clerk, also the possibility of retaining some professional assistance in hiring such a clerk. Mr. Guyot: At this time without knowing further and to ask more may put us in a dangerous territory, I would suggest that this be discussed in executive session as there's already been a statement or a notice of opening been put out already and depending where we go with this, it may or may not be in opposition to what's been presented to the public and people that have tried to apply for that position. Ms. Yukimura: Okay. Mr. Guyot: And that's where there might be a liability concern and at some point during the executive session if it's determined that we need to go to an open session, I think that would be something that might need to be Sunshined for another day, as this was strictly these two (2) matters as presented. Ms. Yukimura: Okay. Was it posted only as a closed session? Chair Furfaro: It was posted only as a closed session. Ms. Yukimura: Okay, then it would have to be posted I guess as an open session later? Okay. Thank you. Chair Furfaro: Any other discussion or questions of the County Attorney? I believe we had a motion and a second... Mr. Rapozo: Actually could I ask you a question with the attorney there? Chair Furfaro: Sure. Mr. Rapozo: The executive session that we're going to go into today, do they include resumes? Oh, they do? Chair Furfaro: Yes. Mr. Rapozo: Are we going to be discussing candidates? Chair Furfaro: Let me give you an overview of today. We had been advertising both here and in Honolulu for a period of six (6) consecutive 4 SPECIAL COUNCIL MEETING OCTOBER 25, 2011 days. We have received twenty (20) applications of interest, those applications of interest include two (2) individuals who are attorneys, and they also include another individual who has a... Mr. Guyot: Chair, excuse me. I don't know if disclosing those would perhaps bridge some confidentiality that these people are expecting and the mere... For example, the Department of Water Head, if that was a person, there's only four (4) of those... five (5) of those in the State, that might be... that's my caution at this point. Chair Furfaro: Okay I'll take your caution but you know what if we're not going to get to Councilwoman Yukimura's first question about do we have qualified candidates through not using a recruitment service, there's no way of demonstrating that in public without answering the question. So we have twenty (20) applications that cover quite a political and administrative landscape. Mr. Rapozo. Mr. Rapozo: Then I would suggest we go into executive session and not discuss process but discuss the candidates that we have. Chair Furfaro: Okay. Mr. Rapozo: And then if there are questions of process, it should be posted at a later date to have the discussion in open session. Because process is not an executive session item in my opinion. Chair Furfaro: Well there I would challenge the County Attorney because you cannot discuss the process unless you more closely define the qualifications of the candidates and the scope that they need to apply for the job. Mr. Rapozo: qualification discussion. Chair Furfaro: Mr. Rapozo: that Mr. Chair. Yes and that would be part of the Yes. Which is allowable so I would agree with Chair Furfaro: That is my intention to review the qualifications portions with some professional material that I plan to pass out. Any further discussion? Okay we have a motion and a second; I would like a roll call vote to go into executive session. There being no objections, the meeting was called back to order, and proceeded as follows: 5 SPECIAL COUNCIL MEETING OCTOBER 25, 2011 The motion to convene into Executive Session to discuss ES -509 and ES -510 was then put, and carried by the following vote: FOR EXECUTIVE SESSION: Bynum, Chang, Kuali`i, Nakamura, Rapozo, Yukimura, Furfaro TOTAL — 7, AGAINST EXECUTIVE SESSION: None TOTAL — 0, EXCUSED & NOT VOTING: None TOTAL — 0 There being no objections, the meeting was in recess at 3:17 p.m. ADJOURNMENT. The meeting was called back to order at 4:25 p.m., and there being no further business, the meeting was adjourned. Respectfully submitted, RICKY WATANABE Interim County Clerk