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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.