HomeMy WebLinkAbout2011_0909_Agenda_MeetingPacket Paul Weil Members:
Chair Kurt Akamine
Kathy Clark
Mark Hubbard Brad Nagano
Vice-Chair
Warren Perry
Secretary
COUNTY OF KAUA'I BOARD OF ETHICS
NOTICE OF MEETING AND AGENDA
Friday, September 9, 2011
9:00 a.m. or shortly thereafter
Mo'ikeha Building, Liquor Conference Room 3
4444 Rice Street. L-thu'e, HI 96766
CALL TO ORDER
APPROVAL OF MINUTES
Regular Open Session Minutes of August 12, 2011
COMMUNICATIONS
BOE 2011-15 Anonymous communication dated 71,1229111 to County Auditor Ernie Pasion
regarding the use of County vehicles for personal use by the County
Prosecutor's Office
BOE 2011-16 Memorandum dated August 16, 2011, from Jay Furfaro, Council Chair,
Regarding a Possible Conflict of Interest with the Edward J. Byrne
Memorial Justice Assistance Grant, County Council Agenda Item C 2011-
237
REQUEST FOR AN ADVISORY OPINION
RAO 11-004 Letter dated 8/31,'11 from Darryl D. Perry, Chief of Police, requesting an
opinion from the Board of Ethics as to whether there would be a conflict
of interest for the Police Department to submit a request for an exemption
from Chapter 103 D, HR , to the Finance Director on behalf of Life's
Bridges, a volunteer emergency support team.
BUSINESS
BOE 2011-17 Memorandum dated 81'23/11 from the Kaua'i County Charter Review
Commission to the Chair and Members of the Board of Ethics requesting
Comments and,,"or Recommendations as relates to the Kaua'i County
Charter Article X_X, Code of Ethics
An Equal Opportunity Employer
DISCLOSURES for review and examination by the Board of Ethics
a. Joseph Figaroa(Public Access, Open Space Commission)
b. Maurice Nakahara(Public Access, Open Space Commission)
c. Jodi Higuchi (Deputy County Attorney)
d. Wendel Crutchfield (Deputy Prosecuting Attorney)
EXECUTIVE SESSION
Pursuant to Hawaii Revised Statutes §§92-4 and 92-5 (a) (4), 92-9 (a)(1-4) (b), the purpose of
this executive session is to receive and approve Executive Session minutes and to consult with
the Commission's legal counsel on issues pertaining to the Commission'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-7: Executive Session Minutes of August 12, 2011
RETUWN TO OPEN SESSION
Ratify Board of Ethics actions taken in Executive Session for items:
ES 7: Executive Session Minutes
ANNOUNCEMENTS
Next Meeting: Friday, October 14, 2011 —9:00 a.m., Mo'ikeha Building, Liquor Conference
Room 3
ADJOURNMENT
NOTICE OF EXECUTIVE SESSION
Pursuant to Hawaii Revised Statutes §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 pursuant to
HRS §92-4 and shall be limited to those items described in HRS §92-5(a).
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 vou will be testifxing in person or submitting written comments only.
1 1
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
2 1 P
Board of Ethics— September 9, 2011
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
Lilm'e., HI 96766
Email: bdavis Ccukauai.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.
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Board of Ethics— September 9, 2011
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BOAR��
To County Auditor Ernie Pesion: /------- — - —'-----~
This concerns County Prosecutor Shayleneberi-Camalho and First Deputy Jake Delaplane. They
have been driving County cars home, for personal use. Ms. |seri-Carva/ho usually drives a white Nissan
SUV,which is County car, But it does not have County seal on /t. Mc De/ap/ane usually drives a
white Toyota Prius, which io also a County car. it has a County seal onit. This has been going on for at
least six months. They drive these County cars home more than they drive their own cars home. Some
people have even seen Ms. beri-Can/a/ho driving around in *the Nissan SUVon the weekends, sometimes
even driving her children around in it on the weekends.
|am a taxpayer and | do not appreciate them using County cars for their personal vehicles. Gas
is very expensive these days. Why don't they have to pay for gas like everybody else? /t seems like they
are stealing from the County. And | enn sure this County is paying them a lot of money for their jobs
Please look into this matter. The taxpayers deserve better than this.
Anonymous
copiesho: County Ethics Commission
Garden Island Newspaper
Joan Conrovv' Kauai Eclectic
BOE 2011_15
COUNTY COUNCIL O F OFFICE OF THE COUNTY CLERK
Jay Furfaro. Chair
Jo Ann A. Yukimura,Vice Chair
Peter A.Nakamura, County Clerk
Tim Bynum
Eduardo Topenio,Jr- Deputy County Clerk
V icl
C i
Dickie Chang i
Kipii Kai Kuali*i Telephone(808)241-4188
Nadine K.Nakamura Fax (808)241-6349
Mel Rapozo Email cokc ncil�dkauai-ov
LOK Ou irakauat-gov
Council Services Division
33;1-A Wilcox Road
L-ihu'e, Kaua'i,Flawai1 96766
MEMORANDUM
AUG 1 7 20N
August 16, 2011 L
30ARD,,
TO: Jay Furfaro, Council Chair
And Members of the Kaua'l County Council
FROM: Mel Rap AOuncilmember
RE: POSSIBLE CONFLICT OF INTEREST EDWARD J. B"'i-RNE
MEMORIAL JUSTICE ASSISTANCE GRANT (C 2011-237)
Pursuant to Section 20.04(B) of the Kauai County Charter, Section 3.19 of
the Kaua'i County Code, 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 Edward J. Byrne Memorial Justice Assistance Grant (Item
C 2011-237 on the August 17, 2011 Council Meeting Agenda), because I am a
member of the company that may contract to provide services funded by the grant.
For this reason, I am recusing myself from discussing or participating in the
decision making regarding the item.
If you have any questions, please contact me. Thank you for your attention to
this matter.
cc: September 7, 2011 Council Meeting Agenda
Board of Ethics
PM:VA1N1icha1Nakashima",1mr 2011-2012\CM Rapozo recusal rnemo re Edward Byrne grant 2012-98.dotx
BOE 2011-16
AN EQUAL OPPORTUNITY EMPLOYER
POLICE DEPARTMENT
COUNTY OF KAUAI
3990 KAANA STREET, SUITE 200
LIHUE, HAWAII 96766-1268 DARRYL D.PERRI'
BERNARD P.CARVALF10,JR. TELEPHONE (808)241-1600 Chief of Police
Mayor FAX (808)241-1604 dPtrry4ikauai.2ov
www.kauaiyd.orL,
GARY K.HEU
Managing Director
August 3)1. 2011
SEP LIM
LI
Board of Ethics BOARD�;
Countv of Kauai
4444 Rice St., Suite 150
Lihue, Hawaii 96766
ATTNT : Ms. Barbara Davis
Dear Ms. Davis,
In 2007, the Executive Director of Kauai Hospice made a pivotal decision to end the Beeper
Team Program, which was created by Kauai Hospice in 1992 in response to the growing need
for support to surviving family members of those visiting Kauai following a tragic and
unexpected death. Gina Kaulukukui and Liana Soong both employees of Kauai Hospice
approached both the Executive Director and the Board of Directors and obtained permission to
take on the program. On September 30, 2007 the Beeper Team was folded.
October 1, 2007, Life's Bridges, a grassroots organization with dedicated volunteers, was
established and became the new home of the BEST(Bridges Emergency Support Team). Team
members are available 24 hours a day1365 days a year to provide immediate support to
surviving/grieving family members of both local residents and visitors, following a death. The
team goes directly to the scene working in partnership with the police, fire, emergency medical
personnel and other local resources to help meet the immediate and long term needs of the
family.
Gina Kaulukukui, Executive Director is contracted by Life's Bridges 20 hours per month (a total
of$400.00), to run the day to day operations, oversee all the programs, field all of the BEST
calls, respond to calls as needed, develop new programs and recruit and train volunteers. All
other individuals involved with Life's Bridges and the BEST are volunteers.
In addition, Life's Bridges partners with the Circle of Lights and contracts their art instructors to
facilitate our Good Grief Clubs at various elementary schools across the island, The Good Grief
Club is a monthly support group designed to provide elementary school children, through the use
of art, with information on grief and tools to help him/her cope. Any grieving child can attend
regardless of when the death occurred.
RAO 11-004
ANEQUAL OPPORTUNITY&UPLOYER
All monies raised by Life's Bridges go directly into our programs. Monies will be raised
through grants, businesses, donations, annual mail campaign, and other fundraising events.
Life's Bridges is looking towards raising enough money to hire an Executive Director that will
allow Gina to move out of that role.
Gina Kaulukukui is also the Domestic Violence Coordinator of the Kauai Police Department, a
position she's held since January, 2009. She handles all domestic violence related cases,
including temporary restraining order violations and protective order violations. She prepares
cases for referral to the Prosecuting Attorney's Office.
Rov Asher, a member of the Life Bridges Board of Directors, is the Assistant Chief of KPD's
Investigative Services Bureau.
Mark Marshall, the Emergency Management Officer of the County of Kauai Emergency
Operating Center, is also a member of the Life's Bridges Board of Directors.
Both A/C Asher and EMO Marshall receive no form of payment from Life's Bridges.
The Kauai Police Department has been budgeted in its last fiscal year's budget, as well as the
current year, for payment for support services and bereavement. There are no other agencies on
island that provide such services since the closure of the Kauai Hospice Beeper Team.
From July, 2010, through January, 2011, Life's Bridges responded to 22 calls. At $50 per call
out, this amounts to at total of$1100, which is due to Life's Bridges.
From February, 2011, through April, 2011, Life's Bridges responded to I I calls. This amounts
to $550 total due to Life's Bridges.
Statistically, Kauai Hospice and Life's Bridges responded to 520 calls from 1992 to September,
2007, and another 300 calls from October, 2007, to December, 2010.
The KPD is requesting to be put on agenda to present its case to the Ethics Board, in hopes of
receiving clearance to proceed with its request to the Purchasing and Finance Departments for
payment to Life's Bridges. KPD is requesting an opinion from the Board of Ethics as to
whether there is a conflict of interest in submitting a request for procurement exemption from
Chapter 103 D, HRS, to the Purchasing Department as part of the bid process.
If you have any questions or concerns, please don't hesitate to contact Captain Sherwin Kaleo
Perez, of the Kauai Police Department Investigative Services Bureau, at (808) 241-1692. Thank
You very much.
Sincerely,
rrv,I P rry
C ief of Po 'ce
REQUEST FOR EXEMPTION FROM CHAPTER 1031), HRS
County of Kauai
TO: DIVISION OF PURCHASING
FROM: Accounting Division/
(DepartmentiDivisioti/Agency) Date
RE: REQUEST FOR EXEMPTION FROM CHAPTER 103D-102, FIRS
Pursuant to Chapter 3-120, HAR, the Department requests a procurement exemption to purchase the
following:
1. Description of proposed procurement:
11. Name/Address of Vendor:
Ill. Estimated Cost: S
IV. Estimated Tenn of Contract or Delivery Time:
V. Explanation describing how procurement by competitive means is either not practical or not
advantageous to the County:
;n
VI. Details of the process or procedures to be followed in determining or developing at a list of
eligible persons/entities, and in selecting the vendor to ensure maximum fair and open
competition:
VII. If a recommendation of award is to be made by an evaluation committee, provide information
on how the subjects will be solicited and evaluated, and list the names of persons
recommended for the evaluation team, and the chairperson:
Solicitation Procedure and Evaluation Process:
SPO Form 7(Kauai 4/14/20 11) Page 1 PE No.
(1) Name, Title, and relevant experience or qualifications:
(2) Name, Title, and relevant experience or qualifications:
(3) Name, Title, and relevant experience or qualifications:
(4) Name, Title, and relevant experience or qualifications:
VIII. If contract negotiation is involved, list the name(s)of person(s)recommended for the task, title,
and relevant experience or qualifications for the task and on the subject matter being
negotiated:
(1) Name, Title, and relevant experience or qualifications:
(2) Name, Title, and relevant experience or qualifications:
(3) Name, Title, and relevant experience or qualifications:
IX. A description of the agency's internal controls and approval requirements for the exempted
procurement:
X. The names of agency personnel, by position title, who will be involved in the approval process
and administration of the contract:
Direct question to: Ph:
SPO Form 7(Kauai 4114/2011 j Page 2 PE No.
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TO THE BEST OF MY
KNOWLEDGE, TRUE AND CORRECT.
(Department/Division!Agency) Date
SPACE BELOW RESERVED FOR FINANCE DIRECTOR OR DESIGNEE:
APPROVED [—I DENIED F-1
If approved, the following® conditions apply:
The names of the persons recommended in Sections VII and VIII shall not be disclosed until
after award of a contract.
F-1 Seven(7)day internet posting by Purchasing Division required; EINOT required.
Prior CPO approval is required for any contract amendment(s) that would change the scope of
work of the original contract. (amendments are also subject to 7 day Internet posting by
Purchasing Division)
A copy of the approved request must accompany any solicitation and contract document
submitted to the Purchasing Division for processing.
❑ Final approval of the negotiated contract by the Director of Finance is required.
❑ Tax clearance certificate is required as a pre-requisite to contract and for final payment (HRS
103-53)
The contractor shall be informed of the requirements of HRS 11-205.5 relating to the
prohibition of campaign contributions by State and County Contractors during the term
of the contract (Contact State Campaign Spending Commission: 808 586-0285;
www.hawaii.gov/campaig-n).
DIRECTOR OF FINANCE Date
DIRECTOR OF FINANCE'S COMMENTS:
SPO Form 7 (Kauai 4`14!201 I 1) Page 3 RE No.
A �
Sherman Shiraishi, Chair # Members:
Mary Lou Barela
Patrick Stack, Vice Chair Joel Guy
Ed Justus
Jan TenBruggencate
Carol Suzawa
KAUA`1 COUNTY CHARTER REVIEW COMMISSION
TO: Chair Paul Weil and Members of the Board of Ethics
£� f t -
Cc: Bernard Carvalho, Mayor
Gary I-Ieu, Managing Director BOARDS
FROM: Sherman Shiraishi, Chairperson
Via: John Isobe, Boards and Commissions Administrato
DATE: August 23, 2011
RE: Requesting Comments Related to Article XX, Code of Ethics
The Charter Review Commission, at its meeting on August 22, 2011,began preliminary
discussions to identify existing provisions within the Code of Ethics, Article XX, Kaua`i County
Charter that should be reviewed for possible revision.
As a result, the Commission is requesting comments and/or recommendations regarding specific
areas of concern or issues related to the existing language in the Code of Ethics that the County
Board of Ethics may have encountered during its deliberations.
The next Charter Review Commission meeting is scheduled for Monday, September 26, 2011 at
4:00 p.m. in the Mo'ikeha Building, Meeting Room 2 A/B. In order to allow our Office time to
properly prepare for this meeting, we would appreciate receiving your written response by
September 15, 2011.
We would also welcome any member of the Board to attend our meeting to discuss their
individual viewpoints and/or suggestions regarding this matter. Please contact Barbara Davis if
you would like to appear before the Charter Review Commission at any of our future meetings.
If you have any questions, please contact the Office of Boards and Commissions at 241-4919.
Thank you.
BOE 2011-17