HomeMy WebLinkAbout2011_0617_Minutes Open_APPROVED COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
A roved as circulated 7/8/11
Board/Committee: BOARD OF ETHICS Meeting Date June 17, 2011
Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:32 pm End of Meeting: 2:50 pm
Present Chair Paul Weil, Vice-Chair Mark Hubbard, Secretary Warren Perry; Members: Kurt Akamine, Kathy Clark, Brad Nagano
Also: Deputy County Attorney Mona Clark, Boards & Commissions Office Staff: Support Clerk Barbara Davis, Administrator John
Isobe, Administrative Aide Paula Morikami
Excused
Absent
SUBJECT DISCUSSION ACTION
Call To Order Chair Weil called the meeting to order at 1:32
pm and determined there were no changes or
corrections to the previously circulated agenda.
Approval of Regular Open Session Minutes of April 8, 2011 Mr. Nagano moved to approve the minutes as
Minutes circulated. Mr. Hubbard seconded the motion.
Motion carried 5:1 abstain-P. Weil
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) Ms. Clark moved to receive the communication
and order it filed. Mr. Akamine seconded the
motion. Motion carried 6:0
BOE 2011-09 Memorandum dated May 4, 2011, from Dickie Chang,
Councilmember, regarding Possible Conflict of Interest Commercial
Support—Kaua'i Marathon Line Item under Other Services Line Item
(Account No. 001-0901-512.30-00) in Bill No. 2402 Mr. Akamine moved to receive the
communication and order it filed. Ms. Clark
seconded the motion. Motion carried 6:0
BOE 2011-10 Memorandum dated May 3, 2011, from JoAnn Yukimura,
Councilmember, regarding Possible Conflict of Interest Kapa`a/Lrhu'e
Boys & Girls Club Facilities Upgrade Grant Line Item in Bill No. 2403 Mr. Nagano moved to receive the
communication and order it filed. Mr. Perry
seconded the motion. Motion carried 6:0
Board of Ethics
Open Session
June 17, 2011 Page 2
SUBJECT DISCUSSION ACTION
BOE 2011-11 Memorandum dated May 5, 2011, from Mel Rapozo,
Councilmember, regarding Possible Conflict of Interest C2011-132
Request for Approval by the Prosecutor's Office to Purchase a 2003
Chevrolet Cavalier Mr. Akamine movedto receivethe communication
and order it filed. Ms. Clark seconded the motion.
Motion carried 6:0
BOE 2011-12 Memorandum dated May 6, 2011, from Dickie Chang,
Councilmember, 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 Mr. Akamine movedto receive the communication
and order it filed. Mr. Hubbard seconded the
motion. Motion carried 6:0
BOE 2011-13 Memorandum dated May 6, 2011, from KipuKai Kuali`i,
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 Mr. Perry moved to receive the communication
and order it filed. Mr. Nagano seconded the
motion. Motion carried 6:0
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 Mr. Perry moved to receive the communication
and order it filed. Mr. Akamine seconded the
motion. Motion carried 6:0
Disclosures 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 Auna(Deputy Prosecutor)
f Ki uKai Kuali`i (County Council
Board of Ethics
Open Session
June 17, 2011 Page 3
SUBJECT DISCUSSION ACTION
g. Melvin Rapozo (County Council)
h. Clyde Nakaya(Board of Water Supply)
i. Brant Fuchigami (Cost Control Commission—Addendum to
Disclosure) Mr. Perry moved that disclosures a. through i.
were deemed complete. Mr. Nagano seconded
the motion. Motion carried 6:0
Executive Mr. Hubbard moved to suspend the Rules so the
Session Board could invite Mr. John Isobe to remain for
Executive Session. Mr. Perry seconded the
motion.
Mr. Akamine moved to go into Executive
Session at 1:53 pm by citing the Hawai'i Revised
Statutes. Mr. Perry seconded the motion.
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 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 11-001 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 411812011)
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 514111) Motion carried 6:0
Board of Ethics
Open Session
June 17, 2011 Page 4
SUBJECT DISCUSSION ACTION
Return to Open The meeting resumed in Open Session at 2:48 pm with Chair Weil calling
Session for a motion to ratify the actions taken by the Board in Executive Session. Mr. Hubbard moved to ratify the actions taken
on ESL BOE 11-001 and ES 2: BOE 11-002.
Mr. Nagano seconded the motion. Motion
carried 6:0
Chair Weil requested that Mr. Isobe respond to the complainant on behalf
of the Board and extended his services to consult with Mr. Isobe if there
were any questions.
Announcements Next Meeting: Friday, July 8, 2011
Adjournment Mr. Perry moved to adjourn the meeting at 2:50
pm. Mr. Nagano seconded the motion. Motion
carried 6:0
Submitted by: Reviewed and Approved by:
Barbara Davis, Staff Support Clerk Paul Weil, Chair
O Approved as is.
O Approved with amendments. See minutes of meeting.