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HomeMy WebLinkAbout04-07-2010-Doc15884 ' • • MINUTES COMMITTEE OF THE WHOLE April 7, 2010 A meeting of the Committee of the Whole of the County of Kaua`i, State of Hawai`i, was called to order by Councilmember Bill "Kaipo" Asing, Chair, at 3371-A Wilcox Road, Lihu`e, Kaua`i, on Wednesday, April 7, 2010 at 4:47 p.m., after which the following members answered the call of the roll: ~ Honorable Bill "Kaipo" Asing . Honorable Tim Bynum ' Honorable Dickie Chang Honorable Jay Furfaro Honorable Daryl Kaneshiro Honorable Lani Kawahara Honorable Derek Kawakami . Minutes of the March 10, 2010 Committee of the Whole Meeting. DARYL KANESHIRO: Move to approve. Mr. Furfaro: Seconded. Mr. Asing: Any Discussion? All those in favor say "aye" . Committee Members: Aye. . Mr. Asing: Next item please. Bill No. 2346 A BILL FOR AN ORDINANCE AMENDING CHAPTER 3, AR.TICLE 1 KAUAI COUNTY CODE 1987, AS AMENDED RELATING TO _ THE CODE OF ETHICS [This item was deferred] Mr. Kaneshiro: Moved to approve. Mr. Asing: Any discussion? If not hang on I would like to suspend the rules. Rob? ROB ABREW: Good morning Council members! my name is Rob Abrew for the record. At the public hearing I testified about the question I had was to make sure we guide our Boards and Commissions very clearly and to give then precise guidelines I think as this was written I think we need to look at a timing issue of these and I have asked Councilman Chang to entertain a floor amendment that does that. The bill introduced right now, when we take out the items in the bracket part of it, what it does it takes out the word annually and which designated that the disclosure forms would need to be go over once a year. With the new wording I think it could be applied as that at regulate conduct meetings that all disclosure forms to insure that would mean that every meeting, at regular conducted meetings all the disclosure forms would need to be gone over. The prac:Eice the Board of Ethics is doing now as the disclosure cycle through that they • • do tlien once a Month throughout the Year so there is not a hundred and fifty at one time. The wording I would like to add at the end of this would be, I hope everyone sees it. "The Board of Ethics shall regulate conduct meetings for the purpose of reviewing and verifying all disclosure forms to ensure that they have been kept cur.rent and that any modifications their of have been duly recorded." The new part (each disclosure form shall be reviewed at least once every twelve months) the only reason I worded that was not put it in a year but this would cycle them into courses over twelve months. Each form would be cycled over twelve months and once that came up again we wouldn't drop any of them and none of them would get lost and every year we would be assured that at one of the meetings the disclosure form woul-d get reviewed. I think that if it's not there then there is a possibility that there is an instance that it could be left out some of them could be left out. So if we give the Board of Ethics the direction that they must be done once a year or once every twelve months, that gives them the guidance to do what they need to do and I think that it clears up the issue of going from a thirteen meeting to spreading out these disclosures over twelve months. That's all I have to say, Thanks. Mr. Asing: Thank you. Any questions, if not I would like to call the meeting back to order. Council member Chang! Mr. Chang: I don't have any questions, I just wanted to comment and thank Rob for bringing that up to our attention and I know that you were here from, why don't you remain on the chair. I know that you were hear from early,"this morning and I know that's been a concern and you've been kind of passiQnately following after this. So for my otlier council members you know I think it's something that, I think it's nice that we can have the opportunity for the Ethics Committee to review everyone's application. I think throughout a year s time peopte's lives change, perhaps their employments change also so at least somebody could: be keeping tabs and that way it's available for review. Mr. Asing: Thank you. Council member Kawakami! Mr. Kawakami: Are they not doing that currently? And because the only concern I have is I think the original bill came from the Board of Ethi,es they actually worked on it, and so now is that what I'm understanding that they, worked on it and they came up with a recommendation and so, What does this do `to the original Bill? And are they not currently practicing what this amendment ~ tries to do? Mr. Chang: If somebody can answer that question because from those that I have asked, my response was that that's what they currently have been doing. But I didn't know if they were currently being able to review so consequently I guess that was your concern also. So if it is being currently reviewed that I don't believe that we need this floor amendment but somebody if you can help 'me out. • Mr. Asing: Okay hang on. Council member Furfaro! Mr. Furfaro: Yes it maybe and if I am wrong on this maybe the Coiznty Attorney can help me out. In May I'm expected or at least I believe I will at least be filing for re-election. When I file for re-election I have to file a new disclosure statement, my assumption is as we get into an election year my filing is reviewed. I also know that the rules say that if there is a major change in your disclosure you are required to file again for thirty days. For example back in September l did some temporary work for Interstate Bank with the transition and . ~ ~ • receivership of a certain hotel in particular work that dealt with maintaining certain benefits and employee status reviews for the operation. It was a short term of a hundred and twenty days, but because I took that temporary employment and I had an earning threshold that was greater then what was on the report I had to file a new disclosure statement. So you know we have a burden on ourselves if you do some short term work or your employment status changes and so forth. You are required inside of a thirty day period to file a new disclosure statement. I would certainly hope that every time I file a new disclosure somebody is looking at it because the clock is running on me that I only have thirty days to re file. Do I not understand that to be the current practice, can I ask the County Attorney that question? Mr. Asing: Yes, County Attorney would like to answer that or do yotz want to do the research first. AL CASTILLO: Yeah, I the way that I would like to answer it. It's a two step analysis and a two step response. One is you know I don't want to put myself in place of the Board of Ethics. I'm sure that when they sent up the amerydment they had their rhymes, their reasons, now to insert something else in here:that they have not contemplated I don't want to put myself in their position. So I you,-know. Mr. Furfaro: Well I hope you can understand I'm raising the question because I have filed new disclosure statements, I will be three times in the last 'twelve months and I guess when you say it's a two part there's a certain , respoMsibility on me. Mr. Castillo: Yes and the second part to that is whether or not the "information, what are the triggers for having the information be current and what are your rights and responsibilities. I mean I don't know if that is the intent, the sole intent of this amendment here as to how the commission wants it to be. So I don't vvant and I would take the lead with the Chair here that I don't want to opine on something that it's really not my Kuleana. So I don't know if that answers your question, because yours is, yours is specif'ic to when you file for re-election and your rights and responsibilities. . Mr. Furfaro: And also the change of status in my income because I do consulting work. Mr. Castillo: Yes, yes. Mr. Furfaro: So I was sure at the last meeting Mr. Bieber supported not changing this when this first came out. Can -I have a moment just to review the minutes from that? Mr. Asing: Okay hang on, wait a minute now let's do this. Couricilmember Kawakami first. Mr: Kawakami: No okay, maybe we should review the minutes but if my•memory serves me correctly the purpose behind this was to allow the Board of Ethics to review disclosure forms throughout the year. The way that its currently written, I think they have to have one meeting where their suppose to be reviewing all of the disclosure forms but from what I understand and if my memory serves me correctly the purpose which I can agree too and which I believe Mr. Bieber agreed to ; ~ • , . also.. Was to allow the Board of Ethics to have the flexibility and the latitude to review disclosure forms throughout the course of the year because they come in at different times they don't all come in at one time of the year, so it's just to allow them to operate and that's my understanding. So my question is. How does that change that? Does it change it just behind their rhyme and reason to come up to us for approval? Mr. Asing: Well why don't we do this then I would like to call the zneeting back to order so that you don't have to stay there Rob. And what I would like to do is defer this item until we can get back to the Board of Ethics and find out what their thoughts are because I don't want to just pass this without them beirig notified as to the change. So if we are going to make any changes the changes should be at least passed on to them for their review so that they understand what the amendments are about. So with that I would like to have a motion to defer this item •pending a memo being sent over to the Board of Ethics asking them for their input on this amendment that is being proposed. The meeting was called back to order, and proceeded as follows: Mr. Furfaro: Moved to defer for two weeks. . Mr. Asing: Thank you. Mr. Chang: Seconded it. Mr. Asing: All those in favor say "aye" Committee Members: Aye Upon motion duly made by Councilmember Furfaro, seconded by Councilmember Chang, and unanimously carried, Bill No. 2346 was deferred. There being no further business, the meeting was adjourned at 4:59 p.m. tf ll ubmi . ' R ecuy tted . CY_A40- Edurie Chow Senior Clerk Typist APPROVED at the Committee Meeting held on May 5, 2010: BILL "KAIPO" ASI G Chair, Committee of the Who e