HomeMy WebLinkAbout2011 0211_Agenda_Meeting Packet Paul Weil Members:
-74
Chair Kurt Akamine
Kathy Clark
Mark Hubbard Brad Nagano
Vice-Chair County-of Kaua'i Robert Fari'as
Board of Ethics
Warren Perry
Secretary
MEETING NOTICE AND AGENDA
Friday, February It, 2011
1:30 p.m. or shortly thereafter
Liquor Conference Room, Mo'ikeha Building
4444 Rice Street, Llhu'e, HI 96766
Oath qf'Of
Office for~new Board iVletnber: Kathy Clark-
CALL TO ORDER
APPROVAL OF AGENDA
APPROVAL OF MINUTES
Regular Session Minutes of January 14, 2011
COMMUNICATIONS
BOE 2011-03 Memorandum dated January 10, 2011, from Nadine Nakamura,
Councilmember, regarding Possible Conflict of Interest with the January
11, 2011 Special Council Meeting and January 12, 2011 Council Meeting
Agenda, Relating to the Nominees for Appointment to the Boards and
Commissions for the County of Kauai
REQUEST FOR ADVISORY OPINION
RAO I 1-001 Request dated January 18, 2011. from Paula Morikami, Office of Boards
& Commissions, as to whether there is a conflict for her to sell glass
jewelry to private entities during non-County business hours
BUSINESS
BOE 2011-04 Discussion and decision-making on suggested Addendum for soliciting
additional;corrective information to the Disclosure Form
BOE 21011-05 Discussion and decision-making on suggested revisions to the Disclosure
Form
DISCLOSURES for review and examination by the Board of Ethics:
a. Jose Diogo(Board of Review)
b. Kathleen Clark(Board of Ethics)
C. Patrick Stack(Charter Review Commission)
d. Daryl Kaneshiro(Board of Water Supply)
e. Laurie Yoshida(Cost Control Commission)
f. Glen Takenouchi(Cost Control Commission)
2. Brant Fuchig in' (Cost Control Commission)
h. ,a i
Guy Croydon(Fire Commission)
AM-
Board of Ethics
Regular Meeting Agenda
February 11. 2011
i. Wallace Rezentes,Jr. (Director of Finance)
j. Jay Furfaro(County Council)
k. Eduardo Topenio(Deputy County Clerk)
1. Justin Kollar(Deputy County Attorney)
in. JoAnn Yukiniura(County Council)
n. Darryl Perry(Chief of Police)
0. Mona Clark(Deputy County Attorney)
p- Malcolm Fernandez(Director of Personnel Services)
q- Ian Costa(Deputy Director, Parks& Recreation)
r. Lyle Tabata(Deputy County Engineer)
S. Michael Kano(Building Board of Appeals)
t. Miles Tanabe(Building Board of Appeals)
U. Kurt Akamine(Board of Ethics)
V. Mark Hubbard(Board of Ethics)
W. Brad Nagano(Board of Ethics)
X. Randall Nishimura(Board of Water Supply)
Y- Leland Kahawai(Board of Water Supply)
Z. Edgar Justus(Charter Review Commission)
aa. Stephanie Aramo(Civil Service Commission)
bb. Gilbert Maerina(Civil Service Commission)
CC. Lawrence Chaffin,Jr. (Cost Control Commission)
dd. William Gibson(Liquor Control Commission)
cc. Shirley Akita(Liquor Control Commission)
ff. Dane Oda(Liquor Control Commission)
99- James Nishida(Planning Commission)
hh. Charles Iona(Police Commission)
ii. Sheri Kunioka-Volz(Salary Commission)
ji- Robert Crowell(Salary Commission)
kk. Marc Guvot(Deputy County Attorney)
11. Melvin Rapozo (County Council)
nun. Amy Esaki (First Deputy County Attorney)
NEXT MEETING
Friday, March 11, 9:00 a.m.
Liquor Conference Room, Mo'ikeha Building
ADJOURNMENT
NOTICE OF EXECUTIVE SESSION
Pursuant to Hawaii Revised Statutes §92-7 (a), the Commission may, when deemed necessary,
hold an executive session on a� agenda item without written public notice if the executive
session was not anticipated in advance. Any such executive session shall be held pursuant to
FIRS §92-4 and shall be limited to those items described in FIRS §92-5(a).
c: Mona Clark, Deputy County Attorney
Page 2 of 3
Board of Ethics
Regular Meeting Agenda
February 11, 2011
PUBLIC COMMENTS AND TESTIMONY
Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours
prior to the meeting indicating:
1. Your name and if applicable, your position/title and organization you are representing;
2. The agenda item that you are providing comments on; and
3. Whether you will be testifying in person or submitting written comments only.
4. If vou are unable to submit your testimony at least 24 hours prior to the meeting, please
provide 10 copies of your written testimony at the meeting clearly indicating the name of
the testifier; and
While every effort will be made to copy, organize and collate all testimony received, materials
received on the day of the meeting or improperly identified may be distributed to the members
after the meeting is concluded.
The length of time allocated to persons wishing to present verbal testimony may be limited at the
discretion of the chairperson or presiding member.
Send written testimony to:
Board of Ethics
Attn: Barbara Davis
Office of Boards & Commissions
4444 Rice Street, Suite 150
Uhu'e, HI 96766
Email: bdavisCa)kauai.gov
Fax: 241-5127 Phone: 241-4919
SPECIAL ASSISTANCE
If you need an alternate format or an auxiliary aid to participate,
please contact the Boards &
Commissions Support Clerk at 241-4919 at feast five (5) working days prior to the meeting.
Page 3 of 3
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COUNTY COUNCIL or OFFICE OF THE COUNTY CLERK
.Wes
Jay Furfaro,Chair
JoAnn A.Yukimura, Vice Chair G Peter A.Nakamura,County Clerk
Tim Bynum A i Eduardo Toperno,Jr,,Deputy County Clerk
Dickie Chang
Derek S.K.Kawakami Telephone(808)241-4188
Nadine K.Nakamura OF Fax (808)241-6349
Mel RaRozo Email cokcouncil(&,kauai.goV
�py
Council Services Division
3371-A Wilcox Road
RECEIVED
L-Jbu`e,Kauai,Hawai'i 96766
"JAIN 2
J 1 i
'W U?
MEMORANDUM JAN 11 A9 A5
BOARDS & CC)k'�
January 10, 2011 OFFICE C-P
To: Jay Furfaro, Council Chair THE CGUNTY
COUNTY OF KAU/1"I
And Councilmembers
From: Nadine Nakamura, Councilmember "-f-u
Re: Possible Conflict of Interest
January 11, 2011 Special Council Meeting and January 12, 2011
Council Meeting Agenda, Relating to the Nominees for Appointment to
the Boards and Commissions for the County of Kaua'i
Pursuant to Section 20.04(B), Charter, Section 3-1.9, Kaua'l County Code
1987, as amended, and Council Rule No. 8, this is to provide written disclosure on
the record of a possible conflict of interest relating to the following, due to my sub-
contractual relationship with the consultant firm Wilson Okamoto & Associates,
who has a contract with the County of Kaua'i Planning Department, and my sub-
contractual relationship with the consultant firm Kodam- & Associates, who has a
contract with the County of Kaua] Water Department.
a) January 11, 2011 Special Council Meeting:
a. Planning Commission Interview
b. Board of Water Supply Interviews
b) January 12, 2011 Council Meeting Agenda Items:
a. Resolution No. 2011-11
b. Resolution No. 2011-14
c. Resolution No. 2011-18
For the reason stated above, I am recused from any discussion and
deliberation, etc. on the items listed above_
Please feel free to contact me should you have any questions. Your attention
to this matter is appreciated.
cc: Board of Ethics
January 26, 2011 Council Meeting Agenda
BOE 2011-03
AB/wa2011-864
AN EQUAL OPPORTUNITY EMPLOYER
January 18, 2011
EIDE
18
Members of the Board of Ethics JM 18
c/o Office of Boards and Commissions
BOARDS & CotArj
4444 Rice Street, Suite 150
Uhu'e, HI 96766
Dear Members of the Board of Ethics:
I am writing to request an Advisory Opinion on whether it is appropriate for me to
continue selling my glass jewelry during non-County business hours:
a. at craft fairs - on Kauai and occasionally on O*'ahu (retail and wholesale)
b. at retail stores - Kauai, state of Hawaii, US mainland (wholesale)
c. to return/repeat customers visiting Kauai on a regular basis (retail)
Prior to being hired full-time effective January 3, 2011 in the County of Kauai,
Office of Boards and Commissions, I was self-employed as a glass jewelry designer
from 2002-2010. During this period, I retailed my glass jewelry at Anchor Cove,
Kaua'i Products Fair, and for the past 5 years at the Coconut Marketplace. In
addition, throughout the past 9 years, I wholesaled my creations to a number of
retail stores here in the State of Hawaii as well as on the mainland USA.
My sale of glass jewelry is clearly not a solicitation or acceptance of money or
compensation with the intention of influencing the performance of my official
duties (Reference: Section 20.02A, Charter& Sections 3-1.4 & 3-1.6, RCO). These sales
will not involve the use of County time, equipment, or facilities (Reference: Section
20.021~', Charter& Section 3.16(3), RCO).
Furthermore, my independent business activity is not related to any of my duties
and responsibilities as a County employee (Reference: Section 20.020, Charter& Section
3-1.7(b), RCO).
RAO 11-001
Based on the above, it does not appear that my outside employment activities
involving the sale of glass jewelry violate the provisions of Code of Ethics as
provided for in Article XX, Kauai County Charter and Chapter 3, Article 1, Revised
Code of Ordinances.
Nonetheless, I am seeking an Advisory Opinion from the Board of Ethics as a
precautionary measure and look forward to your favorable consideration of my
request.
Please let me know if you have any questions. Thank you.
Sincerely yours,
Paula M. Morikami
BOARD OF ETHICS
COUNTY OF KAUAI
ADDENDUM FOR DISCLOSURE STATEMENT
THIS DOCUMENT IS A PUBLIC RECORD AFTER REVIEW AND
EXAMINATION BY THE BOARD OF ETHICS
Cut and paste appropriate section from disclosure, i.e.:
VIII. PERSONS REPRESENTED BEFORE GOVERNMENT AGENCIES - List the
names of all persons (whether persons, corporations, organizations, partnerships, etc.)
that you have represented before any government agency (Federal, State or County),
board or commission in the last five years:
Name of person, company, etc. Board/Commission/Agency Year
X. CERTIFICATION — MUST BE SIGNED IN FRONT OF A NOTARY PUBLIC
I hereby certify that the above statements made by me are true, complete and accurate to the best of my
knowledge and belief. I further understand that if I acquire or possess an interest that might reasonably tend
to create a conflict of interest with my duties or authority, or I or a member of my immediate family, which
includes parents, siblings, spouse or children, is an owner, officer, executive director or director of an
organization in any matter pending before me, I shall make full disclosure of the conflict of interest and shall
not participate in said matter.
Signature
Doc. Date: # Pages:
Doc. Description:
Notary Name: Circuit
Subscribed and sworn to before me this day of
20- -
Notary Public, State of Hawaii
80E 2011-04
I W710
a�
BOARD OF ETHICS
COUNTY OF KAUAI
DISCLOSURE STATEMENT
THIS DOCUMENT 1S A PUBLIC RECORD AFTER AN EXAMINATION BY THE
BOARD OF ETHICS HAS DEEMED IT IS COMPLETE
I. GENERAL INFORMATION
NAME:
(First) (Middle) (Last)
Name of Spouse:
POSITION TITLE: Indicate your elected or appointed County position, Board or Commission, or the public office
you are filing for:
❑ 1 am a Candidate for Public Office:
(Name of Public Office)
❑ 1 am an Elected or Appointed Official of Kauai County:
(Position Title)
❑ 1 am an Appointed member of a Board or Commission
(Name of Board or Commission)
11. EMPLOYMENT list all employment other than County employment (including part time employment)
EMPLOYER POSITION
III. ANNUAL INCOME - list all sources and amounts of income greater than $10,000 (i.e., wages, income
from rental of real estate, loan repayments, stock dividends, interest on savings or bonds, retirement income,
social security etc.) including your County of Kaua'i income that you have received in the „FeViO # GaleAdar-
yeaf Source (required: name of company) Annual Income (you may round to
nearest$10,000. If more than $100,000, you may list>$100,000)
Disclosure Form April 2010
BOE 2011-05
IV. BUSINESS INTERESTS - list all businesses, partnerships or sole proprietorships and the percentage of
interest in which you have an interest (please identify acronyms appropriately).
Business Name Percent Ownership Interest Check here if
Business contracts
With the County
11
F]
F]
F1
F
V. POSITION HELD IN BUSINESS OR ORGANIZATION - List in the space below the information
requested for all organizations (whether corporations, non-profit corporations, unincorporated organizations,
partnerships, etc., and identify acronyms appropriately) in which you are an official of the organization (for
example president, vice-president, secretary, treasurer, trustee, agent, board member, etc.)
Organization Name Position
V1. CREDITORS - List the name of every person, business, organization or corporation (excluding credit
cards) to whom you owe money,
VII. REAL PROPERTY— list the street address or tax map key number of any real estate in which you have
an interest. (pursuant to The Constitution of the State of Hawaii, Article XIV)
Address/Location Tax Map Key Number
Disclosure Form April 20107
0 0
VIII. PERSON REPRESENTE-DATION BEFORE GOVERNMENT AGENCIES - List the names of all
persons (whether PeFSGAS, corporations, organizations, partnerships, etc.} that you have represented before any
government agency (Federal, State or County), board or commission in the last five years:
Name of person, company, etc, Board/Commission/Agency Year
Ix. CREDITOR INTEREST IN INSOLVENT BUSINESSES - List the name of any insolvent business which
owes money to you.
X CERTIFICATION - MUST BE SIGNED IN FRONT OF A NOTARY PUBLIC
I hereby certify that the above statements made by me are true, complete and accurate to the best of
my knowledge and belief. I further understand that if I acquire or possess an interest that might
reasonably tend to create a conflict of interest with my duties or authority, or I or a member of my
immediate family, which includes parents, siblings, spouse or children, is an owner, officer, executive
director or director of an organization in any matter pending before me, I shall make full disclosure of
the conflict of interest and shall not participate in said matter.
Signature
Doc. Date: # Pages:
Doc. Description:
Notary Name: Circuit
Subscribed and sworn to before me this day of 20- -
Notary Public, State of Hawaii
My commission expires:
Disclosure Form April 2010