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HomeMy WebLinkAbout2012_0113_Agenda_Meeting Packet Kurt Akamine Members: Chair Kathy Clark Mark Hubbard Brad Nagano Warren Per Vice-Chair rr Paul Weil Secretary COUNTY OF KAUAI BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, January 13, 2012 9:00 a.m. or shortly thereafter Mo'ikeha Building, Liquor Conference Room 3 4444 Rice Street, LThu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of December 9, 2011 COMMUNICATION BOE 2012-03 Memorandum dated December 30, 2011, from Dickie Chang, Councilmember, regarding Possible Conflict of Interest with the January 4, 2012 Economic Development & Renewable energy Strategies Committee Meeting 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 (Deferred to 1/13/12 meeting-, awaiting County Attorney Opinion) BOE 2012-01 Election of Board of Ethics' Secretary for 2012 EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes §§92-4 and 92-5 (a) (4), 92-9 (a)(I-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, andilor liabilities as they may relate to this item, deliberate and take such action as appropriate. ES-1: Executive Session Minutes of December 9, 2011 An Equal Opportunity Emplo.ver GOP 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-2: 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 has improperly used County resources a. Resolution 2011-1 defining the scope for an investigation into an allegation that an employee or officer of the County has improperly used county resources ES-3: BOE 11-004 Complaint dated 11/28/11 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 a. Resolution 2011-2 defining the scope for an investigation into a complaint 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 Pursuant to H.R.S. §92-4 and H.R.S. 92-5 (a) (4), the purpose of this executive session is 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-4: BOE 2012-02 Guidance and parameters from the County Attorney for assessing advisory opinions and complaints ES-5: BOE 2011-22 Confidential opinion dated 12/29/11 from Deputy County Attorney Mona Clark offering legal guidance as to the permissible political activities for members of the County of Ka:ua'i Board of Ethics RETURN TO OPEN SESStON Ratify Board of Ethics actions taken in Executive Session for items: ES-1, ES-21 ES-31, ES-4, ES-5 ANNOUNCEMENTS Next Meeting: Friday, February 10, 2012—9:00 a.m., Mo'ikeha Building, Liquor Conference Room 3 ADJOUWNMENT w. Board of Ethics—January 13, 2012 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= I. 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 you will be testifying in person or submitting written comments only. 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 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 Uhu'e, HI 96766 Email: bdaviskauai.gov Fax: 241-5127 Phone: 241-4919 SPECIAL ASSIST ANC 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. 3 a Board of Ethics—January 13, 2012 1 - RRIA R 10 A 1 Th I .j P COUNTY OF KAUAI i Minutes of Meeting OPEN SESSION Board/Committee: December 9"0" Location Mo'ikeha Buildiug, Lic�uorConl`crence Roof" I End orMeeting: 11:15a.m. Present Chair Paul Weil; Vice-Chair Mark Hubbard; Secretary Warren Perry; Members: Kurt Akarnine; Kathy Clark; Brad Nagano Also: Deputy County Attorney Jodi I-ligLichi; Boards & Commissions Office Staff. Support Clerk Barbara Davis; AdministratorJohn Isobe; Administrative Aide Paula Morikarni Excused Absent SUBJEG' DISCUSSION ACTION Call To Order Chair Weil called the meeting to order at 9:00 a.m. with a quorum cif 6 people present. Hearing no comments on the proposed agenda, the Board —------ woul4yrocced on the a ,ciicla as submitted. Approval of ------------ Sc5sion Minutes of November 1, 2011 Ms. Clark moved to approve the irfinutes 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. Ferry's request for discussion of Chair Weil's cominent that the (:"hair voted "no because he thought it was �10 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 I as amended. Mr. Akainine seconded the motion. Motion carried 6:0 ge gqlay QMn Session MinUteS.of Nov-ember 10, 2011 Mr. Akarnine moved to approve the minutes of November ],0 as circulated. Mr. Nagano seconded the motion. Motion carried 6:0 Board of Ethics Open Session December 9, 2011 Page 2 SUBJECT DISCUSSION ACTION Request for an RAO 1.1-09 Letter dated 11/9/11 from Charter Commissioner Ed Justus Advisory re uestinrn Advisory Opinion on whether he as allowed to vote as a Opinion commissioner on Charter Review Commission nienda items relating to Council district and at-lanae conit)osition while contemplating runnin&_&T Council as an at tare 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, Nakano 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. Akarnine said Section 3-1.10 (a) (County Code of Ordinances) reads "No farmer councilman or employee shall, within six (6)months after Board of Ethics Open Session December 9, 2011 Page 3 SUBJECT DISCUSSION ACTION termination of his eiriployrnent, assist any person or business or act in a 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 councilmeniber. Mr. Akamme said it also said "or employee". Mr. Petry 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 mernber of the Charter Review Commission, he could vote on this matter coming up before the Commission if lie was contemplating running for Council. As of today, Mr. Perry did not feel there was a conflict. Mr. Akamineat-id Chair Weit4�1,p�d with Mr. Perm. Motion carried 6:0 Business BOO 2011-22 Request from Board Member Kurt Akamine for discussion 01, 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 Attorney Higuchi requested that the Board defer this matter to allow the County Attorney's Office to provide a response since Ms. I-liguchi was only assigned to cover the meeting that morning in Attorney Clark's absence. Mr. asked if Mr. Akarnine had a reason for his request which _Agy mi 7 bt Board of Ethics Open Session December 9, `011 Page 4 SUBJECT dry_ ._. DISCUSSION ACTION provide more guidance for the Attorney's Office. 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. ferry asked if there were any State provisions that would be comparable J i to the Federal Batch Act, which is the Federal guideline relative to governmental employces' political participation. Ms. Clark voiced similar concerns and asked if the opinion could be sent to the members by mail since the next 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. yt Someone soliciting funds for a particular candidate could also be in that gray area. Cher 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 uestions at the time ofa pointin Board of Ethics Open Session December 9, 2011 Page 5 SUBJECT DISCUSSION ACTION members to try to steer clear of any conflicts. 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 Board of Ethics Open Session December 9, 2011 Page 6 SUBJECT DISCUSSION ACTION business and was an officer or employee of(inaudible;). 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 Beard. Mr. Akamine seconded the motion. Motion carried :0. BOE 2011-23 Election of Chair and Vice-chair for 2012 Ms.Clark:nominated Kurt Akartime as Chair. Mr. Perry seconded the motion. Mr. Perry moved to close the nomination. Mr. Na ano seconded the motion. Motion carried 6:0 Motion to elect Mr. Akamine as Chair carried 6:0 Mr. Naano 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 201 1-24 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 Friday of each month. Mr. Perry moved to accept the 2012 proposed rraeeting schedule. Mr. Akamine seconded the _ motion. Motion carried C:0. Disclosures a. Henry �uns� _.._..�_.__�..._.__ y ey Doss (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 Board of Ethics Open Session December 9, 2011 Page 7 SUBJEcT DISCUSSION ACTION Executive Session Mr. Akamine moved to go into Executive Session at 9:27 a.m. Mr. Perry seconded the motion. Motion carried 6:0 Return to Open Session The meeting resumed in Open Session at 11:14 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. Agrain Chair Weil thanked everyone. Aqjournment Chair Weil adui�ued the meeting at 11.15 am. Submitted by- Reviewed and Approved by: Barbara Davis, Staff Support Clerk- Paul Weil, Chair Approved as is. O Approved with amendments. See minutes of meeting. COUNTY COUNCIL OP Jay Furfaro,Chair L905 *OlFICE OF THE COUNTY CLERK Jo Arm A.Yukimura,Vice Chair i 44- Ricky Watanabe, Interim County Clerk- Tim Bynum h Eduardo Topenio,Jr..Deputy Cc Clerk Dickie Chang KipuKai Kuali'i Telephone(808)241-4188 p. Nadine K.Nakamura OF Fax (808)241-6349 Mel Rapozo Email cokeouncil(d,kau Council Services Division 4196 Rice Street, Suite 209 Ldm'e,Kaua'i,Hawai'i 96766 L V7 rE E MEMORANDUM D P` ja 3 21012 December 30, 2011 TO: All Councilmembers BOARDS & COMMISSIONS 1 FROM: Dickie Chang, Councilmember RE: POSSIBLE CONFLICT OF INTEREST —January 4, 2012 Economic Development & Renewable Energy Strategies Committee Meeting Pursuant to Section 20.04(B), Kaua'l County Charter, See. 3-1.9, Kaua'i County Code 1987, and Council Rule No. 81. this is to provide disclosure of a possible conflict of interest at the January 4, 2012 Economic Development & Renewable Energy Strategies Committee Meeting regarding EDR 2011-5, relating to a post race update on the 2011 Kaua'l Marathon, due to my position as the owner of Wala'au Productions, which tapes and airs footage of the Kaua'l Marathon. I also serve as an emcee for the Kaua'l Marathon at several pre and post events. In light of the above, I will recuse myself from agenda item mentioned EDR 2011-5. Thank you for your attention to this matter. ce.- Board of Ethics YS—ds B 0 E 2012-03 AN EQUAL OPPORTUNITY EI,IPLOYER a Barbara Davis w Subject: FW: agenda items From: Kurt Akamine Lrmailto,' 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 BOE members. Thx kart 3-3420 Kuhio H,,.vy,Ste,300 1-1hue,H!96766 Fax — (808)245-65115 OHANA PACIFIC MANAGEMENT COMPANY BCE 201 1-22