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HomeMy WebLinkAbout2011_0408_Minutes Open_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 6/17/11 Board/Committee: BOARD OF ETHICS Meeting Date I April 8,2011 Location Mo`ikeha Building, Liquor Conference Room Start of Meeting: 9:00 am End of Meeting: 10:30 am Present Vice-Chair Mark Hubbard, Secretary Warren Perry; Members: Kathy Clark, Brad Nagano Also: Deputy County Attorney Mona Clark, Boards & Commissions Office Staff: Administrator John Isobe, Administrative Aide Paula Morikami and Support Clerk Mercedes Youn Audience Members: Mauna Kea Trask, Imaikalani Ain, Teresa Tico Excused Paul Weil, Kurt Akamine Absent SUBJECT DISCUSSION ACTION Call To Order Vice Chair Hubbard called the meeting to order at 9:00 am. Approval of Chair called for a motion to approve the agenda Ms. Clark moved to approve the agenda as Agenda circulated. Mr. Nagano seconded the motion. Motion carried 4:0 Approval of Open Session of February 11, 2011 Mr. Nagano moved to approve the minutes as Minutes circulated. Ms. Clark seconded the motion. Motion carried 4:0 Vice Chair Hubbard stated that due to time constraints, Mauna Kea Trask requested that the Board consider taking his agenda item first. There was no objection from Board members to change the order of business. Request for RAO 11-003 Request from Mauna Kea Trask, Deputy County Attorney, Advisory as to whether there is a conflict for him to participate as the narrator/main Opinion character in a local documentary about fishing and the fishing industry in Hawaii. Mr. Trask was present to answer any questions from the Board. He stated that his supervisor, the County Attorney, has given him permission to participate in the production. He also was advised by the Office of Disciplinary Council that he will not be in violation of any Hawaii Rules of Professional Conduct governing Hawaii state attorneys. Mr. Trask Board of Ethics Open Session April 8, 2011 Page 2 SUBJECT DISCUSSION ACTION stated that he would be using his vacation time for this project and that it would not be interfering with his work as Deputy County Attorney. Ms. Teresa Tico, executive producer of the documentary, was present to Mr. Perry moved that the Board render an answer any questions. She stated that Mr. Trask would be working a total opinion that there was no conflict with the of not more than 10 days in a six month period. She stated that the provisions of the Code of Ethics in Mr. Trask's documentary will be featured on PBS and would give a balanced and outside employment as a narrator/main character unbiased view of fishing in Hawaii focusing on both community-based in the PBS fishing documentary. Ms. Clark management as well as commercial fishing. seconded the motion. Motion carried 4:0 RA011-02 Request from Imaikalani Ain, Special Assistant to the For discussion purposes, Mr.Perry moved that the Housing Director, as to whether there is a conflict for him to subcontract as Board render an opinion that there was no conflict. a planning consultant to write Environmental Assessments for small Ms. Clark seconded the motion. projects, including those proposed by County Agencies other than the Housing Agency. Mr. Ain was present to answer questions from the Board. The Board had questions as to whether the Environmental Assessments written by Mr. Ain would be reviewed and/or approved by the different agencies of the County. Mr. Ain stated that it all depended on the application. Commission Deputy Attorney Mona Clark cited the Kauai County Board of Ethics Interpretive Rules, specifically section 3. She suggested that perhaps it would be helpful for the Board to have an understanding of the Environmental Assessment process. Mr. Ain stated that he would not be appearing before any County agency. He also stated that he would not be writing any Environmental Assessments for applications that would go to the County Housing Agency. Board of Ethics Open Session April 8, 2011 Page 3 SUBJECT DISCUSSION ACTION Motion failed 3-1 (Aye - Hubbard, Clark and After further discussion, the Board voted on the motion to render an Perry/Nay—Nagano) opinion that there was no conflict. Vice-Chair Hubbard stated, "The Board is unable to take action because of our disagreement and being that we have only four (4) members here, we would need a unanimous vote today." Given the above,the members were advised by the Chair of the following options: 1. The Board could stand on the vote taken at the meeting which would result in a finding of"no breach of the code"pursuant to Section 20.051)(2), County Charter; 2. The Board could defer this matter and schedule another meeting to consider this request when more members could attend; or 3. The requestor could withdraw his request for an advisory opinion and resubmit it again thus providing the Board with a new 45-day period in which to answer. Mr. Ain said he will voluntarily withdraw his request for an advisory opinion and resubmit it again at a later date for the Board's consideration. Communications BOE 2011-06 Memorandum dated February 9, 2011, from Derek S.K. Kawakami, Councilmember, regarding Possible Conflict of Interest with Bill No. 2400, Relating to Plastic Bag Reduction, February 9, 2011 Council Agenda BOE 2011-07 Memorandum dated March 16, 2011,from Nadine K. Nakamura, Councilmember, regarding Possible Conflict of Interest relating Mr. Perry moved to receive both BOE 2011-06 to Resolution No. 2011-42, (Filing of an Annual Action Plan for the and BOE 2011-07. Ms. Clark seconded the CDBG Allocation) motion. Motion carried 4:0 Board of Ethics Open Session April 8, 2011 Page 4 SUBJECT DISCUSSION ACTION Business BOE 2011-05 Discussion and decision-making on Disclosure Statement, Section III Annual Income to determine if the $10,000 reporting level needs to be revised (ongoing discussion from 2/11/11 meeting) After reviewing the Constitution of the State of Hawaii, Article XIV, Code of Ethics, the Vice Chair suggested that the Board may want to Mr. Perry moved to change the "$10,000"to consider changing the $10,000 reporting level to $1,000. There was "$1,000." Mr. Nagano seconded the motion. discussion that making the change would help the Board when reviewing Motion carried 4:0 the Disclosure Statements. Ms. Clark suggested that"Annual Income" seems vague and that perhaps Mr. Perry moved to change "Annual Income"to the Board should consider changing the language to "Current Annual "Current Annual Income." Ms. Clark seconded Income"to clarify income requirements even further. the motion. Motion carried 4:0 Mr. Perry moved to approve the Disclosure Statement as amended. Mr. Nagano seconded the motion. Motion carried 4-0 Disclosures a. Johanna Ventura(Open Space Commission) b. Dee Crowell (Deputy Planning Director) c. Peter Nakamura(County Clerk) d. John Blalock(Deputy Fire Chief) e. Bernard Carvalho, Jr. (Mayor) f. Eugene Jimenez (Housing Director) g. William Eddy (Deputy Manager-Engineer—DOW) h. David Craddick(Manager & Chief Engineer—DOW) i. Robert Crowell (Salary Commission) j. Andrea Suzuki (Deputy County Attorney) k. Gaylord Fukumoto (Building Board of Appeals) 1. Damney Proudfoot(Fire Commission) m. John Low Civil Service Commission Board of Ethics Open Session April 8, 2011 Page 5 SUBJECT DISCUSSION ACTION n. Randy Finlay (Salary Commission) o. Dane Oda(Liquor Control Commission) p. Jennifer Winn (Deputy County Attorney) q. Ernest Barreira(Assistant Chief Procurement Officer) r. Tim Bynum (County Council) s. Nancy McMahon (Historic Preservation Review Commission) Mr. Perry made a motion that the Board has t. Wayne Katayama(Planning Commission) reviewed disclosures a. through v. and deemed u. Herman Texeira(Planning Commission) them to be complete. Mr. Nagano seconded the v. Melinda Mendes (Deputy Prosecuting Attorney) motion. Motion carried 4:0 Next Meeting Friday, May 13, 2011 —9:00 am, Mo'ikeha Building, Liquor Conference Room 3 Adjournment The Vice Chair stated that since there was no further business to discuss, the meeting was adjourned. The meeting was adjourned at 10:30 am. Submitted by: Reviewed and Approved by: Paula Morikami, Office of Boards & Commissions Mark Hubbard, Vice-Chair (X ) Approved as is. ( ) Approved with amendments. See minutes of meeting.