HomeMy WebLinkAbout2011_0617_Agenda_MeetingPacket Paul Weil Members:
Chair Kurt Akamine
Kathv Clark
Mark Hubbard Brad Nagano
Vice-Chair
Warren Perry
Secretary
COUNTY OF KAUAI BOARD OF ETHICS
NOTICE OF MEETING AND AGENDA
Friday, June 17, 2011
1:30 PM or shortly thereafter
Mo'ikeha Building, Liquor Conference Room 3
4444 Rice Street, LThu'e, HI 96766
CALL TO ORDER
APPROVAL OF MINUTES
Regular Open Session Minutes of April 8, 2011
COMMUNICATIONS
BOE 2011-08 Memorandum dated April 28, 2011, from Dickie Chang, Councilmember,
regarding Possible Conflict of Interest: Bill No. 2404 (An Ordinance to
Appropriate $150,000 to Kaua'i Marathon Grant)
BOE 2011-09 Memorandum dated May 4, 2011, from Dickie Chang, Councilmember,
regarding Possible Conflict of Interest Commercial Support—Kauai
Marathon Line Item under Other Services Line Item (Account No. 001-
0901-512.30-00) in Bill No. 2402
BOE 2011-10 Memorandum dated May 3, 2011, from JoAnn Yukimura,
Councilmember, regarding Possible Conflict of Interest Kapa'a/L!hu'e
Boys & Girls Club Facilities Upgrade Grant Line Item in Bill No. 2403
BOE 2011-11 Memorandum dated May 5, 2011, from Mel Rapozo, Councilmember,
regarding Possible Conflict of Interest C 2011-132 Request for Approval
by the Prosecutors Office to Purchase a 2003 Chevrolet Cavalier
BOE 2011-12 Memorandum dated May 6, 2011, from Dickie Chang, Counci Imember,
regarding Possible Conflict of Interest "Recycling Programs" Line Item
(For Operations with the Kaua'i Recycles Program) under"Other
Services" Line Item (Account No. 001-0901-.512.30-00) in Bill No. 2402
BOE 2011-13 Memorandum dated May 6. 2011, from KipuKai KuaITi, Councilmember,
regarding Possible Conflict of Interest "YWCA Family Violence Shelter"
Line Item and "YWCA Sexual Assault Treatment Program" Line Item
under"Other Services" Line Item (Account No. 001-0901-512.30-00) in
Bill No. 2402
An Equal Qpportuni4l Enzp1qyer
BOE 2011-14 Memorandum dated May 5, 2011, from Dickie Chang, Councilmember,
regarding Possible Conflict of Interest ES-486 Request for Authority to
Settle a Claim filed by Garden Isle Disposal
DISCLOSURES for review and examination by the Board of Ethics
a. Bradley Chiba(Police Commission)
b. Randall Francisco (Police Commission)
c. Patricia Griffin(Kaua'i Historic Preservation Review Commission)
d. Mona Clark (Deputy County Attorney—Addendum to Disclosure)
e. Jared Anna(Deputy Prosecutor)
f. KipuKai KuaIT'i (County Council)
g. Melvin Rapozo (County Council)
h. Clyde Nakaya(Board of Water Supply)
i. Brant Fuchigami (Cost Control Commission—Addendum to Disclosure)
EXECUTIVE SESSION
Pursuant to H.R.S. §92-4 and H.R.S. 92-5 (a) (2) and (4), the purpose of this executive session is
to consider the evaluation, dismissal or discipline of an employee or officer of the County
relating to a complaint filed against the employee or officer and to consult with the Board's
zn
legal counsel on issues pertaining to the Board's and the County's powers, duties, privileges,
immunities, and/or liabilities as they may relate to this item, deliberate and take such action as
appropriate.
ES-1: BOE I 1-001 Complaint letters alleging that an employee or officer of the County is
using his/her County position to influence action against the complainant's
business filed 4118/2011)
ES-2: BOE 11-002 Complaint filed against an employee or officer of the County alleging he/she
failed to recuse himself/herself from voting when there was a possible conflict of
interest (filed 5114111)
RETURN TO OPEN SESSION
Ratify Board of Ethics actions taken in Executive Session for items:
o ESI: BOE II-001
o ES 2: BOE 11-002
ANNOUNCEMENTS
Next Meeting: Friday, July 8, 2011 —9:00 a.m. Mo'ikeha Building, Liquor Conference Room 3
ADJOURNMENT
NOTICE OF EXECUTIVE SESSION
Pursuant to Hawaii Revised Statutes, ("H.R.S.") §92-7 (a), the Commission may, when deemed
necessary, hold an Executive Session on any agenda item without written public notice if the
Executive Session was not anticipated in advance. Any such Executive Session shall be held
2
Board of Ethics—June 17, 2011
Pursuant to H.R.S §92-4 and §92-9 and shall be limited to those items described in H.R.S. §92-
5{a). Discussions held in Executive Session are closed to the public.
c: Mona Clark, Deputy County Attorney
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 you 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: bdavisCvkauai.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 least five(5) working days prior to the meeting.
3 1
Board of Ethics—June 17, 2011
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COUNTY COUNCIL OP rCE OF TBE COUNTY CLERK
Jay Furfaro,Chair
JoAnn A. Yukimura,Vice Chair Peter A.Nakamura, County Clerk
Tim Bynum
Eduardo Topenio,Jr.,Deputy County Clerk
Dickie Chang
KipuKai Kuali'i Telephone(808)241-4188
Nadine K.Nakamura Fax (808)241-6349
Mel Rapozo Email cokcounci1(&,kauai.eov
Council Services Division
3371-A Wilcox Road
Lnra'e,Kaua'i,Hawaii 96766
MEMORANDUM 2 2"0
ow
April 28, 2011 1-SOARDS &
To: Jay Furfaro, Council Chair
and Members of the Kaua'i County Council
From: D picte Chang, C cilmember
Re: POSSIBLE CONFLICT OF INTEREST
Bill No. 2404 (AN ORDINANCE TO APPROPRIATE $150,000 TO
KAUAI MARATHON GRANT)
Pursuant to Section 20.04(B) of the Kaua'i County Charter, Section 3-1.9 of
the Kauai County Code, and Rule 8 of the Rules of the Kaua'l County Council, I
hereby provide written disclosure on the record of a possible conflict, of interest
relating to Bill No. 2404, Kaua'i Marathon Grant of $150,000, because I am the
Owner of Wala'au Productions which tapes and wires footage of the Kaua'i
Marathon and I also serve as an emcee for the Kauai Marathon at several pre and
post events.
For this reason, I am recusing myself from deliberations on Bill No. 2404.
If you have any questions, please contact me. Thank you for your attention to
this matter.
cc- May 4, 2011 Council Meeting Agenda
Board of Ethics
/ds
BCE 2011-08
AN EQUAL oppoR ruNITY EMPLOYER
COUNTY COUNCIL 1904 OP
OFFICE OF THE COUNTY CLERK
Jay Furfaro,Chair
JoAnn A. Yukimura,Vice Chair Peter A.Nakamura, County Clerk
Tim Bynum Eduardo Topenio,Jr, Deputy County Clerk
Dickie Chang
KipuKai Kuali'i Telephone(808)241-4188
OF
Nadine K.Nakamura Fax (808)241-6349
Mel Rapozo Email cokcouncilAkauai.aov
Council Services Division
3371-A Wilcox Road
Llhu'e,Kaua1,Hawaii 96766
MEMORANDUM
May 4, 2011 L - 6
L
TO: Jay Furfaro, Council Chair BOARDS, &
and Members of the Kaua'i County Council
FROM: Dickle Chang, Councilinember 4
RE: POSSIBLE CONFLICT OF INTEREST COMMERCIAL SUPPORT —
KAUA'1 MARATHON LINE ITEM UNDER OTHER SERVICES LINE
ITEM (ACCOUNT NO. 001-0901-512.30-00) IN BILL NO. 2402
Pursuant to Section 20.04(B) of the Kaua'i County Charter, Section 3-1.9 of
the Kaua'i County Code 1987, as amended, and Rule 8 of the Rules of the Kaua'i
County Council, I hereby provide written disclosure on the record of a possible
conflict of interest relating to the "Commercial Support — Kaua'i Marathon" line
item under the "Other Services" line item (Account No. 001-0901-512.30-00) in
Bill No. 2402, due to my position as the Owner of Wala'au Productions which tapes
and airs footage of the Kaua'i Marathon. I also serve as an emcee for the Kaua'i
Marathon at several pre and post events.
For this reason, I am recusing myself from deliberations on the "Commercial
Support — Kaua'i Marathon" line item under the "Other Services" line item
(Account No. 001-0901-512.30-00) in Bill No. 2402.
If you have any questions, please feel free to contact me at 241-4096. Thank
you for your attention to this matter.
cc: May 18, 2011 Council Meeting Agenda
Board of Ethics
AB:V:11V1icha1Nakashiina\dc 2010-2012\DC Recusal 2011-1226,doe
BOE 2011-09
AN EQUAL OPPORTUNITY EMPLOYER
COUNTY COUNCIL OP OFFICE OF THE COUNTY CLERK
Jay Furfaro,Chair
JoAnn A.Yukimura,Vice Chair Peter A.Nakamura,County Clerk
Tim Bynum
Eduardo Topenio,Jr.,Deputy County Clerk
Dickie Chang
KipuKai Kuali'i r" Telephone(808)2414188
OF
Nadine K.Nakamura Fax (808)241-6349
Mel Rapozo Email cokcouncilr&kauai.gov
Council Services Division
3371-A Wilcox Road
L-ihu'e,Kaua'i,Hawaii 96766
MEMORANDUM
MAY
May 3, 2011
TO: Jay Furfaro, Council Chair
and Members of the Kaua'i County Council tA'AJLIHU'E BOYS
FROM: JoAnn A. Yukimura, Council Vice-Chaff
i
RE: POSSIBLE CONFLICT OF INTERES
& GIRLS CLUB FACILITIES UPGRADE GRANT LINE ITEM IN
BILL NO. 2403
Pursuant to Section 20.04(B) of the Kaua'i County Charter, Section 3-1.9 of
the Kaua'i County Code 1987, as amended, and Rule 8 of the Rules of the Kaua'i
County Council, I hereby provide written disclosure on the record of a possible
conflict of interest relating to the Kapa'a/Li1hu'e Boys & Girls Club Facilities
Upgrade Grant line item in Bill No. 2403, due to my position on the Advisory Board
for the Boys and Girls Club of Hawaii.
For this reason, I am recusing myself from deliberations on the Kapa'a/l:ihu'e
Boys & Girls Club Facilities Upgrade Grant line item in Bill No. 2403.
If you have any questions, please feel free to contact me at 241-4092. Thank
you for your attention to this matter.
cc: May 18, 2011 Council Meeting Agenda
Board of Ethics
AB:V:\Micha1Nakashima\jy 2010-2012\JY Recusal LTR 2011-1222,doe
130E 2011-10
AN EQUAL OPPORTUNITY EMPLOYER
COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
Jay Furfaro,Chair
JoAnn A. Yukimura,Vice Chair 1 r j Peter A.Nakamura,County Clerk
Tim Bynum
Eduardo Topenio,Jr., Deputy County Clerk
Dickie Chang
KipuKai Kuali'i Telephone(808)241-4188
op
Nadine K.Nakamura Fax (808)241-6349
Mel Rapozo Email cokcouncil6-vkauai.aov
Council Services Division
3371-A Wilcox Road
Liliu'e, Kaua1,Hawaii 96766
H
MEMORANDUM
OJ L MAY 6
May 5, 2011 i
BOARDS
TO: Jay Furfaro, Council Chair
and Members of the Kaua'l County Council
FROM: Mel Rapozo, Councilinemberw-
RE: POSSIBLE CONFLICT OF INTEREST C 2011-132 REQUEST FOR
APPROVAL BY THE PROSECUTOR'S OFFICE TO PURCHASE A
2003 CHEVROLET CAVALIER
Pursuant to Section 20.04(B) of the Kaua'i County Charter, Section 3-1.9 of
the Kaua'i County Code, and Rule 8 of the Rules of the Kauai County Council, I
hereby provide written disclosure on the record of a possible conflict of interest
relating to C 2011-132, a request from the Prosecuting Attorney to purchase a 2003
Chevrolet Cavalier with VOCA grant funds, because I was employed by the
Prosecutor's Office and participated in the appraisal of the vehicle.
For this reason, I am recusing myself from C 2011-132.
If you have any questions, please contact me. Thank you for your attention to
this matter.
cc: May 18, 2011 Council Meeting Agenda
Board of Eth!69
CNT:4\cok-nas-02\home\mnakashima\recusaI Itr-VOCA grant to buy Cavalier 2011-1229,doc
BOE 2011-11
AN EQUAL OPPORTUNITY EMPLOYER
COUNTY COUNCIL OP OFFICE OF THE COUNTY CLERK
Jay Furfaro, Chair
JoAnn A. Yukimura,Vice Chair Peter A.Nakam ountv Clerk
Tim Bynum EduardF. County Clerk
Dickie Chang
KipuKai L.P. Kuali'i Telephone(808)241-4188
OF
Nadine K. Nakamura ax _§80WI4
Mel Rapozo OKpokcounci auat.gov
Council Services Division
3371-A Wilcox Road
L-1hu'e,Kaua'i, Hawaii 96766 THE COUNT Y
COUNTY OF KAY;
MEMORANDUM
May 6, 2011
TO: Jay Furfaro, Council Chair
J 9
and Members of the Kaua'i County Council
3 0 A R'L-,','
FROM: Dickie Chang, Councilmember 4
RE: POSSIBLE CONFLICT OF INTEREST
"RECYCLING PROGRAMS" LINE ITEM (FOR OPERATIONS WITH
THE KAUAI RECYCLES PROGRAM) UNDER "OTHER SERVICES"
LINE ITEM (ACCOUNT NO. 208-2033-641.30-00) IN BILL NO. 2402
Pursuant to Section 20.04(B) of the Kaua'i County Charter, Section 3-1.9 of
the Kaua'i County Code 1987, as amended, and Rule 8 of the Rules of the Kaua'l
County Council, I hereby provide written disclosure on the record of a possible
conflict of interest relating to the "Recycling Programs" line item (for operations
with the Kaua'i Recycles Program) under "Other Services" line item
(Account No. 208-2033-641.30-00) in Bill No. 2402, due to my position as the Owner
of Wala'au Productions which tapes and airs advertisements for the Garden Isle
Disposal.
For this reason, I am recusing myself from deliberations on the "Recycling
Programs" line item (for operations with the Kaua'i Recycles Program) under "Other
Services" line item (Account No. 208-2033-641.30-00) in Bill No. 2402.
If you have any questions, please feel free to contact me at 241-4096. Thank
you for your attention to this matter.
cc: May 18, 2011 Council Meeting Agenda
Board of Ethics
Budget Staff
.z":V:\MichahN,'akas1uma\dc 2010-2012\DC Recusal(GID)2011-1.2.doe
AN EQUAL OPPORTUNITY EMPLOYER BOE 2011-12
COUNTY COUNCIL Von r
OFFICE OF THE COUNTY CLERK
Jay Furfaro,Chair
JoAnn A.Yukimura,Vice Chair Peter A.Nakamura,County Clerk
Tim Bynum Eduardo Topenio,Jr.,Deputy County Clerk
Dickie Chang
KipuKai L.P.Kuali'i Telephone(808)241-4188
OF
Nadine K.Nakamura Fax (808)241-6349
Mel Rapozo Email cokcouncil@kauai.ggv
Council Services Division
3371-A Wilcox Road
L-ibu'e, Kaua'i,Hawaii 96766
MEMORANDUM
May 6, 2011 BOAR'
TO: Jay Furfaro, Council Chair
and Members of the Kaua'i County Council
FROM: KipuKai L.P. Kuali'i, Councilmemberl &.qc -
RE: POSSIBLE CONFLICT OF INTEREST
"YWCA FAMILY VIOLENCE SHELTER" LINE ITEM AND "YWCA
SEXUAL ASSULT TREATMENT PROGRAM' LINE ITEM UNDER
"OTHER SERVICES" LINE ITEM (ACCOUNT NO. 001-0901-512.30-
00) IN BILL NO. 2402
Pursuant to Section 20.04(B) of the Kaua'i County Charter, Section 3-1.9 of
the Kaua'i County Code 1987, as amended, and Rule 8 of the Rules of the Kaua'i
County Council, I hereby provide written disclosure on the record of a possible
conflict of interest relating to the "YWCA Family Violence Shelter" line item and
"YWCA Sexual Assault Treatment Program" line item under "Other Services" line
item (Account No. 001-0901-512.30-00) in Bill No. 2402, due to my employment with
the YWCA.
For this reason, I am recusing myself from deliberations on the "YWCA
Family Violence Shelter" line item and "YWCA Sexual Assault Treatment Program"
line item under "Other Services" line item (Account No. 001-0901-512.30-00) in Bill
No. 2402.
If you have any questions, please feel free to contact me at 241-4094. Thank
you for your attention to this matter.
cc'. May 18, 2011 Council Meeting Agenda
Board of Ethics
Budget Staff
AB:V:\N1ichaLNakashima\kk 2010-2012\KK Recusal(Y CA)2011-1.3.doe
AN EQUAL OPPORTUNITY EMPLOYER BOE 2011-013
COUNTY COUNCIL OF
Jay Furfaro,Chair OFFICE OF THE COUNTY CLERK
JoAnn A.Yukimura,Vice Chair Peter A.Nakamura,County Clerk
Tim Bynum Q s Eduardo Topenio,Jr.,Deputy County Clerk
Dickie Chang
KipuKai Kuali'i OF Telepllqal F t�
Nadine K.Nakamura Fax 4
Mel Rapozo Email cokcouncil�kauai.gov
Council Services Division
3371-A Wilcox Road MAY 10 P 1 :28
L-1hu'e,Kaua'i,Hawaii 96766
MEMORANDUM
THE COUNII'Y
May 5, 2011 COUNTY OF 1'
TO: Jay Furfaro, Council Chair
and Members of the Kaua'i County Council
FROM: Dickie Chang, Councilmember A ' BOARD
S &
RE: POSSIBLE CONFLICT OF INTEREST ES-486 REQUEST FOR
AUTHORITY TO SETTLE A CLAIM FILED BY GARDEN ISLE
DISPOSAL
Pursuant to Section 20.04(B) of the Kaua'i County Charter, Section 3-1.9 of
the Kaua'i County Code, and Rule 8 of the Rules of the Kauai County Council, I
hereby provide written disclosure on the record of a possible conflict of interest
relating to ES-486 regarding a claim filed by Garden Isle Disposal, because I am the
Owner of Wala'au Productions and Garden Isle Disposal is a client from whom I
receive payments to air advertisements.
For this reason, I am recusing myself from discussing or participating in the
ES-486.
If you have any questions, please contact me. Thank you for your attention to
this matter.
cc: May 18, 2011 Council Meeting Agenda
Board of Ethics
CNT:V1\1V1icha1Nakashirna\dc 2010-20121recusal Itr-ES on GID clairn,doc 2011-1231
BOE 2011-14
AN EQUAL OPPORTUNITY EMPLOYER