Loading...
HomeMy WebLinkAbout2012_0113_Minutes Open_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 2/10/12 Board/Committee: BOARD OF ETHICS Meeting Date January 13, 2012 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 9:01 a.m. I End of Meeting: 10:18 a.m. Present Chair Kurt Akamine; Vice-Chair Mark Hubbard; Secretary Warren Perry; Members: Kathy Clark; Calvin Murashige; Brad Nagano; Paul Weil Also: Deputy County Attorney Mona Clark; Boards & Commissions Office Staff. Support Clerk Barbara Davis; Administrator Paula Morikami Excused Absent SUBJECT DISCUSSION ACTION Deputy County Clerk Eddie Topenio administered the Oath of Office to Calvin Murashige prior to the meeting being called to order. Call To Order Chair Kurt Akamine called the meeting to order at 9:01 a.m. with a full quorum of 7 members resent. Approval of Regular Open Session Minutes of December 9, 2011 Mr. Perry moved to approve the minutes as Minutes circulated. Mr. Weil seconded the motion. Motion carried 7:0 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 Mr. Weil moved to receive the communication and order it filed. Mr. Hubbard seconded the motion. Motion carried 7:0 Business BOE 2012-01 Election of Board of Ethics' Secretary for 2012 Chair Akamine pointed out that the Charter indicates the position of a Secretary which was not on the slate of officers at the last meeting. Mr. Perry nominated Calvin Murashige to the position of Secretary. Mr. Hubbard nominated Warren Perry to the osition of Secretary. Board of Ethics Open Session January 13, 2012 Page 2 SUBJECT DISCUSSION ACTION With no other nominations being offered, Chair Akamine closed the nominations. Roll Call Vote: Ms. Clark: Murashige; Mr. Hubbard: Perry; Mr. Murashige: Perry; Mr. Nagano: Perry; Mr. Perry: Perry; Mr. Weil: Murashige; Mr. Akamine: Abstain Mr. Perry elected as Secretary: 4:2:1 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 (Deferred to 1/13/12 meeting; awaiting County Attorney Opinion) Chair Akamine stated that the County Attorney had provided an Opinion which would be covered under the Executive Session. Mr. Perry moved to grant the Chair's request to discuss the matter in Executive Session. Ms. Clark seconded the motion. Mr. Weil said he was opposed to moving things to Executive Session when it could readily be discussed openly. Attorney Clark suggested that the Board could change the order of the agenda and go into Executive Session where they could make the decision to waive the privilege on the opinion and then present it for discussion in Open Session at that point. Mr. Perry amended his motion that the Board discuss the matter in Executive Session and after returning to Open Session they have the option of deciding whether to waive the privilege of confidentiality from the Executive Session. Motion to amend died for lack of a second. Board of Ethics Open Session January 13, 2012 Page 3 SUBJECT DISCUSSION ACTION Roll Call: Ms. Clark: aye;Mr. Hubbard: nay; Mr. Murashige: aye;Mr.Nagano: aye;Mr.Perry: aye; Mr. Weil: nay; Mr. Akamine: aye Motion carried 5:2 Executive Deputy County Attorney Clark cited the Hawai'i Session Revised Statutes that would take the Board into Executive Session. Pursuant to Hawaii Revised Statutes §§92-4 and 92-5 (a) (4), 92-9 (a)(1-4) (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, and/or liabilities as they may relate to this item, deliberate and take such action as appropriate. ES-1: Executive Session Minutes of December 9, 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-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 Counly has improperly used County resources Board of Ethics Open Session January 13, 2012 Page 4 SUBJECT DISCUSSION ACTION a. Resolution 2011-1 defining the e scope for an investigation into an allegation that an employee or officer of the County has improperly 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 Mr. Perry moved to go into Executive Session at political activities for members of the County_ of Kaua'i Board of Ethics 9:15 a.m. Ms.Clark seconded the motion. Motion carried 7:0 Return to Open The meeting resumed in Open Session at 10:17 Session a.m. Ratify Board of Ethics actions taken in Executive Session for items: ES-1, ES-2, ES-3, ES-4, ES-5 Ms. Clark moved to ratify the Board's actions taken in Executive Session. Mr. Na ano Board of Ethics Open Session January 13, 2012 Page 5 SUBJECT DISCUSSION ACTION seconded the motion. Motion carried 7:0 Announcements Next Meeting: Friday, February 10, 2012—9:00 a.m. Adjournment Chair Akamine adjourned the meeting at 10:18 a.m. Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Kurt Akamine, Chair ( ) Approved as is. ( ) Approved with amendments. See minutes of meeting.