Loading...
HomeMy WebLinkAbout2011_1110_Minutes Open_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 12/9/11 Board/Committee: BOARD OF ETHICS Meeting Date I November 10, 2011 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 9:00 a.m. End of Meeting: 10:00 a.m. Present Chair Paul Weil; Vice-Chair Mark Hubbard. Members: Kurt Akamine; Kathy Clark; Brad Nagano Also: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff: Support Clerk Barbara Davis; Administrator John Isobe; Administrative Aide Paula Morikami Excused Member: Secretary Warren Perry Absent SUBJECT DISCUSSION ACTION Call To Order Chair Weil called the meeting to order at 9:00 a.m. with a quorum of 5 members present. Hearing no changes or comments,the Chair noted the meeting would proceed on the agenda as proposed. Approval of Regular Open Session Minutes of October 14, 2011 Mr. Akamine moved to approve the minutes as Minutes circulated. Mr. Nagano seconded the motion. Motion carried 5:0 Request for an RAO 11-008 Letter dated November 3, 2011 from Mayor Bernard P. Advisory Carvalho, Jr., requesting an advisory opinion from the Board of Ethics Opinion stating that there is no violation of the Code of Ethics in his accepting a complimentary ticket to attend the 2011 Asia-Pacific Economic Cooperation (APEC) CEO Summit. Government officials receiving comp tickets for the CEO Summit are being requested by the National Center for APEC to produce a letter certifying that the acceptance of the comp ticket does not constitute a violation under the governmental body's ethics rules. Mr. Nagano moved to receive the letter and order it filed. Mr. Akamine seconded the motion. Motion carried 5:0 Mr. Akamine moved that the Board of Ethics provide a letter stating that the Board finds this Board of Ethics Open Session November 10, 2011 Page 2 SUBJECT DISCUSSION ACTION request does not constitute a violation of the County's rules of ethics. Ms. Clark seconded the motion. Mr. Hubbard said the Charter allows for some interpretation and asked if it would be reasonable to expect that the Mayor would be doing something for that(comp ticket). Looking at the Advisory Opinions over the last many years, there have been 5 requests about receiving gifts or donations. In every case the Board of Ethics found there was no violation. Chair Weil said it was his understanding that this benefit was extended to all of the Mayors through the host committee and it was not a special treatment for our Mayor. It would be a really positive honor to have the Mayors participate at some level with this kind of gathering. Mr. Nagano referred to the Internal County Regulations, Chapter 3, (Section 3-1.4)that he can basically receive a gift if it is not intended to influence him in his performance of his official duties. Motion carried 5:0 Executive Mr. Akamine moved to go into Executive Session Session at 9:06 a.m. as per the Hawai'i Revised Statutes cited on the agenda. Ms. Clark seconded the motion. Motion carried 5:0 Return to Open The meeting resumed in Open Session at 9:57 a.m. Session Ratify Board of Ethics actions taken in Executive Session for items: ES-7: Executive Session Minutes of September 9, 2011 ES-8: Letter dated 10/31/11 alleging that an employee or officer of the County has improperly used County resources Mr. Hubbard moved that the Board ratify the actions taken in Executive Session with respect to ES-7 and ES-8. Mr.Nagano seconded the motion. Motion carried 5:0. Mr. Akamine moved to approve the letter from the Board of Ethics Open Session November 10, 2011 Page 3 SUBJECT DISCUSSION ACTION Board acknowledging there would not be a violation of the Code of Ethics for the Mayor to accept the invitation to attend the APEC Conference. Ms. Clark seconded the motion. Motion carried 5:0 Announcements Neat Meeting: Friday, December 9, 2011 —9:00 a.m. Adjournment Chair Weil adjourned the meeting at 10:00 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.