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HomeMy WebLinkAbout2011_1209_Minutes Open_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 1/13/12 Board/Committee: BOARD OF ETHICS Meeting Date I December 9, 2011 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 9:00 a.m. I End of Meeting: 11:15 a.m. Present Chair Paul Weil; Vice-Chair Mark Hubbard; Secretary Warren Perry; Members: Kurt Akamine; Kathy Clark; Brad Nagano Also: Deputy County Attorney Jodi Higuchi; 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 9:00 a.m. with a quorum of 6 people present. Hearing no comments on the proposed agenda, the Board would proceed on the agenda as submitted. Approval of Regular Open Session Minutes of November 1, 2011 Ms. Clark moved to approve the minutes as Minutes circulated. Mr. Akamine seconded the motion. Motion carried 6:0 At the top of page 18, Mr. Perry asked that the minutes be amended to reflect that Chair Weil denied Mr. Perry's request for discussion of Chair Weil's comment that the Chair voted "no because he thought it was mishandled." Chair Weil did not recall it that way or refusing to discuss an issue like that. Chair Weil said with unanimous consent,they would request that Ms. Davis correct the minutes in accordance with the wording used within the transcript. Ms. Clark moved to approve the minutes of November 1 as amended. Mr. Akamine seconded the motion. Motion carried 6:0 Regular Open Session Minutes of November 10, 2011 Mr. Akamine moved to approve the minutes of November 10 as circulated. Mr. Nagano seconded the motion. Motion carried 6:0 Request for an 1 RAO 11-09 Letter dated 11/9/11 from Charter Commissioner Ed Justus Board of Ethics Open Session December 9, 2011 Page 2 SUBJECT DISCUSSION ACTION Advisory requesting an Advisory Opinion on whether he is allowed to vote as a Opinion 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. Ms. Clark moved to receive the communication and ordered it filed. Mr. Perry seconded the motion. Motion carried 6:0 Mr. Hubbard and Ms. Clark both saw no problem with Mr. Justus voting on Charter Commission agenda items that related to districting. Mr. Perry moved that it was the Board's decision that there was no impropriety under the Ethics Rules for Mr. Justus to vote on these items. Mr. Nagano seconded the motion. Attorney Higuchi said they might want to clarify two questions: 1. Whether Mr. Justus had filed for candidacy at this point and, 2. If he had accepted monies for his candidacy. Chair Weil said it was his understanding that Mr. Justus had not formally filed his candidacy yet but he had expressed his intention to file. Ms. Clark said it was stated that Mr. Justus was contemplating filing. Chair Weil questioned if it would make a difference in the Board's Advisory Opinion on whether Mr. Justus' filing would be a conflict. Mr. Perry said Mr. Justus' communication said that he was `likely to run' so he was not running, he was not a candidate nor had he put in his papers which was why Mr. Perry's motion showed that there was no violation. Mr. Akamine said Section 3-1.10 (a) (County Code of Ordinances) reads "No former councilman or employee shall, within six (6)months after termination of his employment, assist any person or business or act in a Board of Ethics Open Session December 9, 2011 Page 3 SUBJECT DISCUSSION ACTION representative capacity for a fee or other consideration, on matters in which he participated as a councilman or employee." With the assumption that Mr. Justus resigned as a board member, which is considered an employee of the County, but then participated in a matter that would affect him, would that be a restriction given this section? Mr. Perry did not think so because that situation was as if you looked at it as if Mr. Justus was a councilmember. Mr. Akamine said it also said "or employee". Mr. Perry said what Mr. Justus was doing was as a member of the Charter Review Commission which would propose districting for councilmembers. Mr. Justus was asking whether, as a member of the Charter Review Commission, he could vote on this matter coming up before the Commission if he was contemplating running for Council. As of today, Mr. Perry did not feel there was a conflict. Mr. Akamine and Chair Weil agreed with Mr. Perry. Motion carried 6:0 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 Hawai'i Revised Statutes for Board of Ethics members Attorney Higuchi requested that the Board defer this matter to allow the County Attorney's Office to provide a response since Ms. Higuchi was only assigned to cover the meeting that morning in Attorney Clark's absence. Mr. Perry asked if Mr. Akamine had a reason for his request which might provide more guidance for the Attorney's Office. Board of Ethics Open Session December 9, 2011 Page 4 SUBJECT DISCUSSION ACTION Mr. Akamine said as a Board Member, what does it mean to participate in political campaigns? Does it affect attending a fundraiser? Does it affect being at an event where there is campaigning present? Mr. Perry asked if there were any State provisions that would be comparable to the Federal Hatch Act, which is the Federal guideline relative to governmental employees' political participation. Ms. Clark voiced similar concerns and asked if the opinion could be sent to the members by mail since the neat meeting was not until January. Mr. Akamine also wanted to know if there were prior discussions or rulings made through the Boards and Commissions. Mr. Isobe said as the general rule of thumb,the Office of Boards and Commissions looked at this from the perspective of active involvement in the campaign such as being on the candidate's campaign committee or an officer of someone's campaign but not to eliminate the person's right to participate in the political process such as voting, attending a fundraiser, etc. Asked about sign waving, Mr. Isobe said that might be in that gray area. Someone soliciting funds for a particular candidate could also be in that gray area. Chair Weil questioned about people elected to the County committee of either party or the State central committee of either party. Mr. Isobe asked if this referred to the Republican and Democratic parties because our Office typically asks those questions at the time of appointing members to try to steer clear of any conflicts. Board of Ethics Open Session December 9, 2011 Page 5 SUBJECT DISCUSSION ACTION Chair Weil asked (would there be a difference) if they were not an officer but merely a member of a political party. Mr. Isobe said the Charter allowed for a balance of the different parties so there would not be a majority of Republicans or Democrats. Chair Weil asked if service on the County committee or the State central committee would disqualify someone as a board member. Mr. Isobe said the Administration had not used that as a political disqualification but primarily focused on named officers of campaigns. There have been members in the past who resigned from the Board of Ethics as a result of their becoming an officer of someone's campaign. Ms. Clark thought that answered some of her questions. Mr. Hubbard offered concurrence with Mr. Isobe recalling two members who resigned from the Board of Ethics because they took on being the treasurer or officer of a campaign. There was discussion at that time as to what this actively meant but Mr. Hubbard did not recall any opinion being created that gave guidelines. Mr. Hubbard said after looking on different websites all he could find was the language in the State law. Mr. Akamine also asked for an opinion regarding political contributions as it related to a business. For example, someone who is in a decision making capacity for that business and the business may give political contributions. Mr. Perry also wanted an opinion if that person was also the head of the business and was an officer or employee of(inaudible). Board of Ethics Open Session December 9, 2011 Page 6 SUBJECT DISCUSSION ACTION Mr. Akamine said he makes decisions for his business but he is not the owner or an officer of that business. Mr. Perry moved to defer this matter to January to allow the County Attorney to provide a legal opinion to the Board. Mr. Akamine seconded the motion. Motion carried 6:0. BOE 2011-23 Election of Chair and Vice-chair for 2012 Ms. Clark nominated Kurt Akamine as Chair. Mr. Perry seconded the motion. Mr. Perry moved to close the nomination. Mr. Nagano seconded the motion. Motion carried 6:0 Motion to elect Mr. Akamine as Chair carried 6:0 Mr. Nagano nominated Mark Hubbard as Vice- chair. Mr. Perry seconded the motion. Mr. Perry moved to close the nominations. Mr. Akamine seconded the motion. Motion to elect Mr. Hubbard as Vice-chair carried 6:0 BOE 2011-24 Board of Ethics Meeting Schedule for 2012 Chair Weil noted that the dates listed were correct but the schedule should reflect that the meetings are the 2°d Friday of each month. Mr. Perry moved to accept the 2012 proposed meeting schedule. Mr. Akamine seconded the motion. Motion carried 6:0. Disclosures a. Henry Ramsey Ross (Deputy Prosecuting Attorney) Mr. Perry moved that the Board deemed the disclosure to be complete and ordered filed. Ms. Clark seconded the motion. Motion carried 6:0 Executive Mr. Akamine moved to go into Executive Board of Ethics Open Session December 9, 2011 Page 7 SUBJECT DISCUSSION ACTION Session Session at 9:27 a.m. Mr. Perry seconded the motion. Motion carried 6:0 Return to Open The meeting resumed in Open Session at 11:14 Session a.m. Ratify Board of Ethics actions taken in Executive Session for items: ES-9, ES-10, Es-11, ES-12 Mr. Perry moved to ratify the actions taken in Executive Session. Mr. Hubbard seconded the motion. Motion carried 6:0 Announcements Next Meeting: Friday, January 13, 2012—9:00 a.m. Chair Weil thanked everyone for their help and support during this year and before, particularly Barbara Davis and John Isobe for all of their help, advice and instruction. Again Chair Weil thanked everyone. Adjournment Chair Weil adjourned the meeting at 11:15 a.m. 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.