HomeMy WebLinkAbout2011_1209_Notice_Agenda �msa
Paul Weil Members:
Chair Kurt Akarnine
Kathy Clark
Mark Hubbard Brad Nagano
Vice-Chair
Warren Perry
Secretary
COUNTY OF KAUAI BOARD OF ETHICS
NOTICE OF MEETING AND AGENDA
Friday, December 9, 2011
9:00 a.m. or shortly thereafter
Mo'ikeha Building, Liquor Conference Room 3
4444 Rice Street, L-ihue, HI 96766
CALL TO ORDER
APPROVAL OF MINUTES
Regular Open Session Minutes of November 1, 2011
Regular Open Session Minutes of November 10, 2011
REQUEST FOR AN ADVISORY OPINION
RAO 11-009 Letter dated 11/9/11 From Charter Commissioner Ed Justus requesting an
Advisory Opinion on whether he is allowed to vote as a commissioner on
Charter Review Commission agenda items relating to Council district and
at-large composition while contemplating running for Council as an at-
large candidate in the 2012 election.
BUSINESS
BOE 2011-22 Request from Board Member Kurt Akamine for discussion and
clarification on political campaign guidelines as specified in Article XIV
of the State Constitution and Section 84-35.5 of the Hawaii Revised
Statutes for Board of Ethics members
BOE 2011-23 Election of Chair and Vice-chair for 2012
BOE 2011-24 Board of Ethics Meeting Schedule for 2012
DISCLOSURES for review and examination by the Board of Ethics
a. Henry Ramsey Ross (Deputy Prosecuting Attorney)
EXECUTIVE SESSION
Pursuant to Hawaii Revised Statutes §§92-4 and 92-5 (a) (4). 92-9 (a)(14) (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.
An Equal Opportunity Employer
A�
s
'UMVIFF
ES-9: Executive Session Minutes of November 1. 2011
ES-10: Executive Session Minutes of November 10, 2011
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 in
which charges have been alleged against an employee or officer where consideration of matters
affecting privacy will be involved 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-11: BOE 11-003 Letter dated 11/25/11 requesting the Board of Ethics to initiate an
investigation into an allegation that an employee or officer of the County
Z�I
has improperly used County resources
ES-12: BOE 11-004 Complaint dated 11;'28111 alleging that an employee or officer of the
County has improperly disclosed information and used their position to
secure a benefit, privilege or exemption for themselves or others
RETURN TO OPEN SESSION
Ratify Board of Ethics actions taken in Executive Session for items:
ES-9, ES-10, ES-11, ES-12
ANNOUNCEMENTS
Next Meeting: Friday, January 13, 2012 —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
HR S §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 positioii/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.
2
Board of Ethics—December 9, 2011
INIM
4. If you are unable to submit your testimony at least 224 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 a to present verbal testimony may be limited at the
discretion of the chairperson or presiding member.
Send written testimonv to:
Board of Ethics
Attn: Barbara Davis
Office of Boards & Commissions
4444 Rice Street, Suite 150
L-ihu'e, HI 96766
Email: bdavis Ctukauai.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.
Board of Ethics—December 9, 2011
72 err, r
C:)
It
C-7
ct 1
C)
ct
ct
cl,
ct
tj
C) ct
72
'F" :77'
17� 't
7:Z
Open Minutes
I L
do fibbb,
WIM
7=1
5'
4.
-4
72
co p
73
'!� � I >-. s � :=
cn
Z
p-0
Cc)
cl
;>
7F C)
b
Ln
Cn Eli
cr,
711
al 7�b 75 14
0
G ^3 ;I
cl
tj
CO
Cj = —7 0 �14
4t)
C,t C/I
Ln
cl cr,
1 c 0'
C4 0
72
Cl ct CL
4. 75
0
ZZ
Lr,
z4 �
C'I
IZI
101 '
cn ct
ct
cr
CA
a3
CA
at
7�
C) t4
ct
17,
cn
v ct
cr 72
I
Cc--)
s GI
41
7'd
7--
cn
li �
C3 U al C., 5
cr z•,
4 Cd
z) 63 C4 Gn
1:4 " cl
al cl C.) 7:� �m I.,
O 5, k
ct
cl
lu a3
a3 C�3 cj Cc, t)
0 cd
C73
2�
v) > to cl
7-5
75 to 0
7�
cl
rA
4 1 U Z: —r,�
fj
cl ej
cl
S
51 E !A
o
CIO. s s 0
z
r—n
AMID
iii
it
7R
43
17 72
Cn
ct —cu,. t cri u
ct
Gn -7j
cn
En
ct
CA
CZ
14 Cl
tn Cn Ln
cl
CA to Cj
cr
4
CZ
I 4t
H
LT,
72
Cl
to
'20
cc
to
Z g
7—� cj Ln
t;n
A
48
"o 4s
t-- cl
ct "I
rte ^
e2 17�i
Vl
tr
t4-
WE
lo
"Cl
to
to >
a$
t to -3
o CIO
o
t� Cl
r' C-) " I)
t4 ct 7�
g.
ct ct �o
J-2
C6
cl)
.4 5
CL,- cr
CA
CA 7�
>
;5.
71.
cr, cr
v ct
rA
tr
cul
1,121 cr
,: —5 v
CA F-I ci
cn cr
to
tg;
N
'S
>
a3 —ul
to
cri
I—j
r I
can
IF, 't c 5
cl
7s i.
cn
ct
5
-cl u
cr,
ct
ZZ ct vi eve cn
71 Ln 0
tb
ct
al
tb ct 4-
C�l to
to
C3 >1 411
ct
Lr
tr
LIJ
MONSOON-
S a
lzl I
to
tz
4 -15
71
21
�n cr
aj
—Z v ct u
"4 7�
f-- = �!
cl cl
.2
Cj
CZ
cr,
tr
CZ
u
C4- cz:
II
C�3
Ismmm,
ffilelm
j Yom`
iii
J2
"I It 71 0
to
—21 ,,n
tz
Ei
7:
7G
In
tn
j
r-7 ct CA
co,
cr, >
Lr
ID
o B
> 48'
—lP
>
sa
01-
J--
5 t
t"-c
cn
:,3 72 43
-C 78
C3
U
72
4
C3
-77
-P
tb El 15
it -8 CA c M rat?_- - rr ,:J vy 5 -zl -z;
In.
RP
In— 0 cz
0 tz 0 8
CA
=E15
7E�
cn
Irl
F1 -5
Cn I
7�t 0
0
0 lo CA
cn
2
45 -5
ca
-----------------------------------------------------------------------
1;^ml All 0111-11,
4=
78
� 75
-55
o >, It 0
v
44.
22
-,p
-5 it
ILI
—.4 V, >
-!�*
C� -1
✓ J5 43
-
5 2
4�
t) M >
s 2
ea 72 C)
72
9)
7R
>
ANSI&
Imo, j
43
t4
—5
75
cn p
>1
CU)
C'I
78
0 c3 Cj
t u7 cn cr,
Cl>
cr,
cl
cr 'r
'z -3 cn -7� st�
ct
53 Ln
5
all
C;r
tn
ol
C,3
r-
zo
iA
>
I O's
pl, SIMON
CJ g
I ZI
con
7�
CL
� 78
-.5
.5 2 f* 8
72
8
-00
8
Lj
4.1
0 4.1
.0 C6 0
tn
ZA 0
C/I
771
cr
Cl.
40,
75 45
10,
O
o 7P
ILI
Ei
cn 4Z
t
t4 C4 PE
rz,
Ln
p.
2A0 E E
el
CII
rN
al u
'0- f
8 C,�
FT,
Cl >
IP
r. 4.1
ct
cri
A j
tt 0 �-,
C7 s cn
oc
oj
It ct
;- 0
cn
4a
rA
L—n
I cn >
ct
60
N
77 ct
cn
X
7R
111
ct,
C4
'.4
VI
4n
AM-
I'VE
Izi
15
0
, �i -�, .
C) — —
to CZ3 7;
73
c3 c 75 JZ,
1P, -5:
CA
cn zt
cl ti)
ct
tb
113
Cn
Cl
cl
Lr
-73 c
Icn, C: - w -.. ci
g p Zj
::3 40
C,3
tn r�
ct C�3 r
4- 7�3 ct
>, 4j5
•7-d
4- Ln 15
Ln
ct
ct
doft
h
ANN
—AWE
CIO
CA
ct
Ln
ct
cn
C7"
Cn Q 0
tr
-3 IJ Ln
tn
1
tr,
1
cri
C6
-Z5 21
_
ry
~
--
o
w
�
w �
o
ZI
cl
cl
�t 13 C71
rTi
cl
�
Cn
MINE,
7E
>
j .
>
75
ay 3
'Cl
7 ct
9 -1) C)
cn
—45, E
Ln
C.) CIL
tn
rT!I
5
4t
%EEO
�6
to
tb
1.5
cz ct U
ct
C=l
ct
--I
10 5
ZA
cr,
ct
>' M
ca
Z-7
z'3 C3
j ct
ct
to
tj
't Open Minutes
ampa,
C5
X11
p7 �tz
rz OC
to cn
7�5
C3
th
cn
,r�3
= C,—3
to
�.
G 0 71 c0 O
ct
�:
V V)
th � cr
to
to .>
ct -Z:�
cl
V = +5
0 >�
cn ct
-0 tt
Z4
Ln .5 cl
un -z:i
ci: t
nj cn
cl
cid
Cori Ln
OWN
al r-
al
ct
iii I
II f
cn
tp
cl
November 9h,2O11
Aloha Honorable Chair,
f humbly request an opinion from the Board mf Ethics on the matter of whether itba conflict of
interest or if I am allowed to vote as a commissioner on the Charter Review Commission on the
proposed agenda item relating to Council district&at-large composition. |amm glad to abstain from the
vote if necessary,however 1 would like tm know what noyoptions any.
My reason for this request is that I ran for an at-large council seat in 2010 and am likely to run
again for an at-large council seat in2O1l. i brought this to the Board's attention so|can be sure mfthe
clarity ofmy abilities/n the decision-making mf this matter.
|ann glad and willing to personally answer any questions the Board may have,
|look forward to your reply.
Sincerely,
Ed Justus,Charter Review Commissioner
'
'
/
R&Ol1-UA9
rd,
-Section 3,02. C
� -Lornposifion. There shall be a council of seven members [elected
at-large]. Three members shall he elected at-laree by all registered voters in the
countv. Each of the other four members shall reside in and shall he elected fro rn
a t?arate council district by that separate_fgggitered voters residing in t arate ccouncil�
Section 3.03 Terms. The terms of office of councilmembers shall be[for hvo
years)two years for district seats and four years for at-large seats beginning at
twelve o'clock meridan on the first working day in December following their
election. No person shall[be elected to the office of I serve as a councilmember
for more than[four consecutive two year terms]a total of eight years, retroactive
to the 2008 election-
Section 3.04. Qua lifications,
_
A To be eligible for the council, a person must be a
citizen of the United States and must have been a duly qualified [elector]
registered voter of the county for at least two years immediately preceding his
or her fiLing_-candidacy Zp
a ers for election for appointment]. In addition those
_
candidates for the council who four council district
must state which district the wish to ce resent and that the have beers a
reistred voter of that district fear the recedin ninety days, Should a
councilmember move from or be removed from, any of the seven council
Vositions from which that Nrson vas elected.anv re llacemgnt appointee must
meet all
B Any [councilman] councilmember who removes leis or her
residence from the county or district from which elected
,or is convicted of a
felony, shall immediately,forfeit hisor her office.
Section 3.19, District election and Reappointment.
A The first election by,separate council districts shall be in the
primary election of 2014,
B, The vear-2021 and.-very tenth year thereafter shall bg
C, An initial council a2portionment commission shall
be
constituted on or before the rirstdav of Anril. 2013. A council
aofL.each rgq ortt,--),nme�nt vear or wlhene�er tea ortic�nrnejjl 1sLeqaired by court
order, The commission shall consist of seven members. The members of the
cornn mission had hi-,-,vointed by the mavor and confirmed bv the council,
The initial council appor-tionmgnt,commission shall be
c-__ --
districts
grov*ded for above. Che council re
aportionment commiision shall be
The commission ;hall elect a chair from amost= its members.
Anv manner as for an
sari final a ointment. The commission qh,41' its
membershi and shall establish its own roinedures. N'- leer o `the
the courmcil in the initial election held under army a riment or
The commission shall be furnished all necessary technical and secretarial
nos to enable the
commission to carry out its duties.
D. In e kLitin g the mit�iala o�rtionm�ent and�aqh s�qbse went
rea orticrtrsent.the ccmrrtission shall be guided by ar coat l f with all
A2Itcable Federal and-Star-- laws.
L On or
commission_shall file with the county clerk
F,
writ el _bvma,ndamus or othem-ise, the appMl2riate gnon or oersons to ogrform
their duty or to correct any error
plan or the court may take such other action rn effectuate Fite u roses of this
Five calendar clays after the shin of the lan.
G. The commilssiorCs tenure shall end u on the filing of its
plam"
(Deleted material is bracketed: new material is underlined)
2. Ballot Question 1-
Option A,
1) Effective 2014, shad four of the seven council members be elected by districts(North Shore,
Eastside, South Shore/Central, Westside)and three of the seven council members be elected at-large,
with a commission to be appointed in 2013 to establish district apportionment, and shall 2021 and every
tenth year thereafter be a district reapportionment year?
2) If partial-districting of the council is appmed, shalt council members elected by district serve two-
year terms and council members elected at-large serve four-year terms?
Option B:
1) Effective 2014, shad four of the seven council members be elected by districts(North Shore,
Eastside, South Shore/ es Westside)to serve two-year terms, and three of the seven council
members be elected at-large to serve four-year terms, with a commission to be appointed in 2013 to
establish district apportionment, and shall 2021 and every tenth year thereafter be a district
reapportionment year?
Ballot Question 2:
1) Shall the term of office for councilmeembers,be limited to a total of eight years, retroactive since the
2008 elaction?
p
Barbara Davis
Subject: FW: agenda items
From: Kurt Akamine Lm-ailto'-kakamineo-h
c& -a-n-a2a-d-fRc-.c-o-m-J
Sent: Thursday, November 10, 2011 10:55 AM
To: Barbara Davis
Subject: agenda items
Barbara,
Could you please add to the next agenda, Political Campaign guidelines for BIDE members. Thx kurt
3-3420 Kuhio Hwy.Ste,300
Uhue,H1 96766
Direct W(808)482-3701
Fax-_;(808)245-6515
iO OHANA PACIFIC MANAGEMENT COMPANY
BOE 201 1-22
Hawaii Mate Constitution- Article 1 Page 1 of 1
P-uuIfcations ieference desk "brar, catatog I state directory , iClips , gu`ide to Irb
THE CONSTITUTION OF THE STATE OF HAWAH
■,''� ARTICLE XIV
.. i • CODE OF ETHICS
The people of Hawaii believe that public officers and employees must exhibit the highest
standards of ethical conduct and that these standards come from the personal integrity of
each individual in government. To keep faith with this belief, the legislature, each political
section titles
subdivision and the constitutional,convention shalt adopt a code of ethics which shalt apply
preamble to appointer(and elected officers and employees of the State or the political subdivision,
article I I respectively, Including members of the boards, commissions and other bodies.
article it
article ill i Each cede of ethics shalt be administered by a separate ethics commission, except the code
article 1V I of ethics adopted by the constitutional convention which shalt be administered by the state
article v I ethics commission. The members of ethics commissions shalt be prohibited from taking an
article Vi active part in political management or in political campaigns. Ethics commissioners shalt be
article Vil ( selected in a manner which assures their independence and impartiality.
article VIII i
article IX Each code of ethics shalt include, but not be limited to, provisions on gifts, confidential
article X information, use of position, contracts with government agencies, post-em ployrment,
article xI financial disclosure and lobbyist registration and restriction. The financial disclosure
article Xit ' provisions shalt require all elected officers, at(candidates for elective office and such
article Xill
article XIS Code of ethics j
appointed officers and employees as provided by law to make public financial
-
disclosures. Other public officials having significant discretionary or fiscal powers as
?. Code of Ethics provided by law shalt make confidential financial disclosures. All financial disclosure
article XJ 1 statements shalt include, but not be limited to, sources and amounts of income, business
article xvI ownership, officer and director positions, ownership of real property, debts, creditor
article Xvll l interests in insolvent businesses and the names of persons represented before government
article Xrpl,l agencies. [Add Coast Con 1978 and election Nov 7, 19781
index (pdf, 45K)
disciai er
updated 01.0111.11 I
«hire I
http://hawaii.gox�/lrb/con/conart 14.html 11/29/2011
House Bill O GO, Page I of 1
C§84-35.5] Prohibition from political activity. The members of
I
the ethics commission and its staff sha-' l not take an active part in
PO"Litlical management or in Political --ampa ' gns during the terms: of
office or emp'Loyment . 'LL 19719, c 91, §1n,I
Previous Vo102 Ch0046-0115 Ncxt
http://www.capitol.hawaii.gov/hrscurrent/Vo102-ChOO46-0115/HRS0084/'HRS 0084-00... 11/10/2011
COUNTY OF KAUAI
BOARD OF ETHICS
2012 Meeting Schedule
January 13
February 10
March 9
April 13
May 11
June 8
July 13
August 10
September 14
October 12
November 9
December 14
Meetings are scheduled to start at 9:00 a.m. on the second Tuesday of each month.
BOE 2011-24
4444 Rice Street, Suite 150 * Lihu'e, Hawaii 96766 * (808)241-4919 • Fax(808)241-5127