HomeMy WebLinkAbout2012_0210_Agenda_Meeting Packet Kurt Akamine Members:
Chair Kathy Clark
Calvin Murashige
Mark Hubbard Brad Nagano
Vice-Chair Paul Weil
Warren Perry
Secretary
COUNTY OF KAUAI BOARD OF ETHICS
NOTICE OF MEETING AND AGENDA
Friday, February 10, 2012
9:00 a.m. or shortly thereafter
Mo'ikeha Building, Liquor Conference Room 3
4444 Rice Street, L-ihu'e, HI 96766
CALL TO ORDER
APPROVAL OF MINUTES
Regular Open Session Minutes of January 13, 2012
COMMUNICATION
BOE 2012-04 Memorandum dated January 5, 2012, from Jay Furfaro, Council Chair,
regarding Possible Conflict of Interest with the Planning Commission
Mayoral Appointee Jan Kimura
REQUEST FOR ADVISORY OPINION
RAO 12-001 Letter dated 1130/12 from Councilmember Tim Bynum requesting an
opinion from the Board of Ethics as to whether conflicts of interest exist
with his participation in Council budget hearings that relate to funding for
the Office of the Prosecuting Attorney, the annual budget which would
include funding for the Office of the Prosecuting Attorney and other
matters that appear on the Council agenda that involve the Office of the
Prosecuting Attorney
DISCLOSURES for review and examination by the Board of Ethics
a. John Lydgate(Public Access & Open Space Commission)
b. Paula Morikami (Administrator, Office of Boards & Commissions)
c. Clifford Nakea(Liquor Control Commission)
d. Charles King (Salary Commission)
e. Donald Okami (Police Commission)
f, Jan Kimura(Planning Commission)
g. Russell Kyono (Board of Review)
h. Calvin Murashige (Board of Ethics)
i. Hartwell Blake(Planning Commission)
j. Gary Pacheco(Liquor Commission)
k. Jesse Fukushima(Fire Commission)
1. Sandra Sterker(Cost Control Commission)
in. Arryl Kaneshiro (Cost Control Commission)
An Equal Qpportuni v EmplQver
n. Catherine Adams (Civil Service Commission)
o. Carol Suzawa(Charter Review Commission)
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, and/or liabilities as they may relate to this item, deliberate
and take such action as appropriate,
ES-6: Executive Session Minutes of January 13, 2012
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 111/25/11 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 (ongoing)
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 (ongoing)
ES-7: BOE 12-001 Complaint dated 1,1`12/12 alleging that an employee or officer of the
County is operating a private business in conflict with their position with
the County of Kaua'i.
ES-8: BOE 12-002 Letter dated 21/1/12 requesting the Board of Ethics to initiate an
investigation into an allegation that an employee or officer of the County
has improperly used County property for other than public activity or
purpose
2 a to� e
Board of Ethics—February 10, 2012
RETUIUNTO OPEN SESSION
Ratify Board of Ethics actions taken in Executive Session for items:
ES-2, ES-31, ES-6, ES-7 and ES-8
ANNOUNCEMENTS
Next Meeting: Friday, March 9, 2012 —9:00 am., Mo'ikeha Building, Liquor Conference Room
4=1
ADJOURNMENT
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 FIRS §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:
1. 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: 24t-4919
3 g e
Board of Ethics—February 10, 2012
SPECIAL ASSISTANCE
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
4 1 P
Board of Ethics—February 10, 2012
J'AI T110 B10 A � �d
.gjvie
COUNTY OF KAUAI .4
Minutes of Meeting
OPEN SESSION
T
Board/Committee: =BOARD OF ETHICS Meeting Date 1 January 13,2012
Location Mo'ikeha Building, Liquor Conference Room 3 [Start of Meeting: 9:01 a.m. I of Meeting: 10.18 am.
Present Chair Kurt Akarmne; 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
Morikanu
Ahsent
SU13.11"CT DISCUSSION AC "I"ION
Deputy County Clerk Eddie Topenio administered the Oath of Office to Calvin
Muras ,,,e
prior tothe,,nieetin eing called to order.
...................
Call To Order Chair Kurt Akamine called the meeting to order
at 9:01 a.m. with a full quorum of members
Approval of lac gt l qr-Qpqa-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 BOF' 2012-03 Memorandum dated December 30, 2011, from Dickie, Chan ------
Councilmen1ber, iEdin Possible Conflict of Interest with the January 4.
2tI1 ,Economic Dqyelopp in & Renewable Energy Strategies Committee
Mr. Weil moved to receive the communication
and order it filed. Mr. I lubbard seconded the
------ —------_--motion. Motion carried 7:0
Business BOE 2012-01 Election of Board of Ethics' Secretary for 2012 ..........
Chair Akanime pointed out that the Charter indicates the position of a
Secretary which was not on the slate of officers at the last meetings Mr. Perry nominated Calvin Murashi v to the
Board of Ethics
Open Session
January 13, 2012 Page 2
StJBJE Cry T DISCUSSfON ACTION
position of Secretary.
Mr. Hubbard nominated Warren Perry to the
position of Secretary.
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
B0E 210-11-22 Request from Board Member Kurt Akarnine for discussion
and clarification political camp jj�t c I e
pj,j.pL tj_ —
`HIV of the State.Constitution and Section 84-35.5 of the I-lawai'i Revised
Statutes for-Roard-of Ethics members (Deferred to 1/13/12 meeting;
awaiting County Attorney Opinion)
Chair Akarnine stated that the County Attorney had provided an (.)pinion
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
Board of Ethics
Open. Session
January 13, 2012 Page 3
_
st j EIJI"C l DISCUSSION
ACTION
returning to Open Session they have the option at
deciding whether to waive the privilege of
confidentiality from the Executive Session.
Motion to amend died for lack of a second.
Roll Call: Ms. Clark: aye; Mr. Hubbard: nay, Mr.
Murashige: aye; Mr. Nagano: aye; Mr. ferry: aye;
Mr. Weil: nay; Mr. Akamine: aye
Motion carried 5:2
Executive Deputy County attorney Clary cited the flawai'i
Sessions Revised Statutes that would take the Board into
Executive Session.
Pursuant to 1-lawai`i 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 II.R.S. 92-5 (a) (2) and (4), the purpose of this
executive session is to consider the evaluation, dismissal or discipline of all
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.
Hoard of Ethics
Open Session.
January 131, 2012 Page 4
___
SUBJECT DISCUSSION ACTION
ES-2:_BOE 11-003 Letter dated 11/25/11 requesting the Board of Ethics to
initiate an invest%anon into an allegation that an employee or officer of the
Cqujit ,irn ro erly lased County resources
. ,Ttcscaluti«ta 20„11-1 (lefinin, the scq e for an investi atiora into an
alle>- that a emj _ems car officer of the Count�as improperly used
county resources
EaS-3. I3C:)l 11-004 C mplla nt dated 11/28/11 allegro X tliat an emlalo�e or
officer of the Cw,c � has imprerly disclosed in[t�rmatian and used their
position to secure as benefit, p�rvile or exemption for themselveso r others
a.wResolution 2011-22 defini�ag t1�e scope fir an investigation into a
ccna�nt 4atic C7n<} that an ezal levee or officer of the County has improperly
disclosed information and used their ,position to secure a benefit, l?rivil,le
or eemption fc)r themselves or others
Pursuant to ILR.S. 92-4 and I I.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: 30E; 201.2-02 Guidance ta�arametc rs from the County Attcarn�or
_ ..
asse,siraclvi;c>ry ctanions and coin Taints
FSp-S: BOE 2011-22 Conridential opinion dated 12/29/11 from Deputy
C'ourlty Z1ttqrrtey Mona Clark offering legal widallce as to the permissible
pQlitj-c I activities for members of the County of Kauai Board of Ethics Mr. Perry moved to go into Executive Session at
9:1.5 a.m. Ms. Clark seconded the motion. Motion
Board of Ethics
Open Session
January 13, 2012 Page 5
SL BJFI C I DISCUSSION
ACTION
------ carried 7:0
Return to Open The meeting resumed in Open Session at 10:1.7__.__
Session a.m.
Ratify Board of Ethics actio ns 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. Nagai-to
seconded the motion. Motion carried. 7:0
Announcements Next Meeting-,.I ridav February 10, 2012 - 9:00 a.rn.
Adjournment Chair Akamine adjourned the meeting at 10:18
Submitted by: Reviewed and Approved bv: --- __
Barbara Davis, Stuff Support Clerk Kurt Akamine, Chair
( ) Approved as is.
( ) Approved with amendments. See minutes of ____ _. _ meeting.
COUNTY COUNCIL too* OFFICE OF THE COUNTY CLERK
Jay Furfaro,Chair
JoAnn A. Yuk-imura,Vice Chair Ricky Watanabe,Interim County Clerk
Tim Bynum Eduardo Toperno,Jr.. Deputy County Clerk
Dickie Chang
KipuKai Kuali'i -4188
Telephone(SOS)241
Nadine K.Nakamura 0 Fax (808)241-6349
Mel Rapozo Email cokeouncilt'd kauai, ov
Council Services Division V
4396 Rice Street, Suite 209
Lihu'e,Kaua'i, Hawaii 96,66
*12 P T
MEMORANDUM 0
13
6 20112"
January 5, 2012
SOMM&C&;MISSIONS T �F
C0
TO: Councilmembers
FROM: Jay Furfaro, Council Chair
RE: POSSIBLE CONFLICT OF lNtTEReES -5
PLANNING COMMISSION MAYORAL APPOINTEE JAN KIMURA
Pursuant to Section 20.04(B), Charter, See. 3-1.9, Kaua'i County Code 1987,
and Council Rule No. 8, this is to provide written disclosure on the record of a
possible conflict of interest relating to the mayoral appointment of Jan Kimura to
the Planning Commission., because he is a landscape contractor of the Princeville
Community Association, of which I am a member.
cc: 01/10/2012 Special Council Agenda
01/11/2012 Council Agenda
.4fBoard of Ethics
130E 201�-04
ANT EQUAL 0PPORJTTNITY EMPLOYER
COUNTY COUNCIL
Jay Furfaro,Chair OFFICE OF THE COUNTY CLERK
JoAnn A. Yukimura, Vice Chair
Ricky Watanabe,County Clerk
Tim Bynum
Jade K- Fountain-Tanigawa,Deputy County Clerk
44
Dickie Chang
4
KipuKai Kuali'i
Nadine K.Nakamura Telephone(808)241-4188
or Fax (808)-'141-6349
Mel Rapozo Email cokcounctKikauaigov
Council Services Division
4396 Rice Street, Suite 209
L-jhu'e,Kaua'i,Hawaii 96766
FB
January 30., 2012 1 2012
Kurt Akamine, Chairperson BOARDS & COMMISSIONS
Board of Ethics
c/o Office of Boards & Commissions
4444 Rice Street, Suite 150
Lihu'e, 111 96766
Dear Chair Akamine and Board Members,
My name is Tim Bynum. I am a member of the Kaua'i County Council and
my duties are set forth in Article III of the Kaua'i County Charter (attached hereto).
Among these duties, the Council is responsible for enacting an annual budget
ordinance, which includes both the operational and capital expenditures for the
fiscal year. One of the agencies funded by the annual budget ordinance is the Office
of the Prosecuting Attorney.
Recently, the Office of the Prosecuting Attorney charged me with four
violations of the County's Comprehensive Zoning Ordinance. The case is still
pending and I anticipate that the matter will not be resolved until June or July of
this year. As such, the Council's deliberations and decision making with regard to
the annual budget ordinance will, in all likelihood, take place before the conclusion
of my court case.
I hereby request that the Board of Ethics provide me with an advisory
opinion regarding my participation in the Council's annual budget process and
other matters. Specifically, I am seeking an opinion on the following questions (all
of which assume that my case will be pending during the budget process):
1. Can I participate in the Council's budget hearings that relate to funding for
the Office of the Prosecuting Attorney?
2. If I cannot participate in Council's budget hearings that relate to funding for
the Office of the Prosecuting Attorney, can I vote on the annual budget,
which will include funding for the Office of the Prosecuting Attorney?
3. Can I participate in and vote on other matters that appear on the Council
agenda that involve the Office of the Prosecuting Attorney?
RAC} 12-001
AIN EQUAL OPPORTUNITY EMPLOYER
To: Kurt Akamine, Chairperson
January 30, 201
Page-1
Personally I do not believe that there are any grounds that would preclude
me from fulfilling my responsibilities under the County Charter, but I await your
learned judgment.
If you need additional information, you may contact me at my Council office
at (808) 241-4097. You may also reach me on my cell -phone at 652-4575. You may
send any correspondence to me at the Office of Council Services, whose address is
listed above.
Thank you for your prompt attention to this matter.
L m B um
�uncilmember
PM-ds
Enclosure
AN EQUAL OPPORTUNITY EMPLOYER
ARTICLE XXX
COUNTY COUNCTL
Section 3. 01 . ILegislative Power. The legislative power of the
county shall be vested - in and exercised by the county council,
except as otherwise provided by this charter.
Section 3. 02 . Composition. There shall be a council of seven
members elected at-large.
Section 3 . 03 . Terms. The terms of office of councilmembers shall
be for two years beginning at twelve o ' clock meridian on the first
working day of December following their election. No person shall
be elected to the office of councilmember for more than four
consecutive two year terms. (Amended 1980, 1984, 2006)
Section 3. 04 . Qualifications .
A. To be eligible for the council, a person must be a citizen
of the United States and must have been a duly qualified elector
of the county for at least two years immediately preceding his
election or appointment .
B. Any councilman who removes his residence from the county
or is convicted of a felony shall immediately forfeit his office.
C. The council shall be the judge of the qualifications of
its members and for that purpose shall have power to subpoena
witnesses, take testimony and require the production of records .
Decisions made by the council in the exercise of the powers
granted in this subsection shall be subject to review by the Fifth
Circuit Court of the State of Hawaii .
Section 3. 05 . Vacancy in Office. in the event a vacancy occurs in
the council, the remaining members of the council shall appoint a
successor with the required qualifications to fill the vacancy for
the unexpired term. if the council is unable to fill a vacancy
within (30) days after its occurrence, the mayor shall make the
appointment to such vacancy. The foregoing provisions shall apply
in the event a person elected as councilman dies before taking
office; provided, however, that the vacancy shall be filled by the
newly elected council within thirty (30) days after the beginning
of the new term.
Section 3, 06 Comnensation. The salary of each councilmember shall
be esta ;lished. in accordance with the provisions of Article XXIX
of this Charter. (Amended 1988, 200 6)
Section 3. 07 . Organization of Council; Officers; Rules; Employees .
A. The council shall meet in the council room at the county
building or in the Kauai War %morial Convention Hall for its
organization promptly after its inauguration and swearing-in
- 3 -- (11/10)
ceremony at which time it shall elect one of its members as
chairman and presiding officer of the council . Until such time as
the chairman is elected, the mayor shall preside at the council
meetinos, provided that the mayor shall not have a vote. The
council shall also elect one of its members as vice-chairman who
shall act as the presiding officer in the event of the chairman's
absence. The council shall appoint a presiding officer pro
tempore from its members in the event of the absence of both the
chairman and vice-chairman. A majority of the entire membership of
the council shall constitute a quorum and, except as otherwise
4 ty of
provided, the affirmative vote of a majority the entire
membership shall be necessary to 'take any action. (Amended 1984)
B. The council shall adopt such rules as it may deem
necessary for the organization of committees and the transaction
of its business.
C. The council shall keep a journal of its proceedings.
D. The council may, upon an affirmative vote of at least two-
thirds of its entire membership, suspend without pay for not more
than one month any member for disorderly or contemptuous behavior
in its presence. The presiding officer or the council by a
majority vote may expel any other person who is guilty of
disorderly, contemptuous or improper conduct at any meeting.
E. The council shall meet regularly at least twice in every
month at such times as the council may prescribe by rule. Special
meetings may be held on the call of the mayor, chairman or by five
or more members. All council and council committee meetings
shall be open to the public except as provided for in Chapter 92,
Hawaii Revised Statutes. (Amended 2008)
F. Council Staff. The council may appoint the necessary
personnel for the transaction of its business, and such
appointments shall be subject to the civil service and
classification requirements . The chairman of the council shall be
the administrative officer of the staff employees.
Section 3. 08 . Mayor May Appear Before Council . The mayor may
propose in writing any motion, resolution or ordinance, or
amendments thereto, but shall have no right to vote thereon.
Section 3. 09. Eminent Domain. The council shall by resolution
determine and declare the neCessitv of taking property for public
J
purposes, describing the property and stating the uses to which it
shall be devoted.
Section 31 . 10. Annual Budget and Capital Program. The council
shall enact an annual budget ordinance, which shall include both
the operational and capital expenditures for the fiscal year and
the method of financing same. The council shall provide sufficient
revenues to assure a balanced budget.
Section 3 . 11 Adoption of Pay Plan. The Council by ordinance shall
appropriate AT salaries of all, officers and employees who are
exempt from civil service in accordance with the provisions of
Section 7 . 05E and Article XXIX of this Charter. All other officers
and employees shall be classified and paid in accordance with law.
(Amended 1984, 1988, 2006)
Section 3 . 12 . Audit .
A. Financial Audit . At least once every two years and at any
other time as may be deemed necessary, the council shall cause an
independent audit of all county funds and accounts to be made by a
certified public accountant or firm of certified public
accountants. The scope of the audit shall be in accordance with
the terms of a written contract to be signed by the chairman which
shall provide for the completion of the audit within a reasonable
time. If the state makes such an audit, the council may accept it
as satisfying the requirements of this section. The audit shall be
matter of public record.
B. Performance Audit. To ensure and determine whether
government services are being efficiently, effectively, and
economically delivered, the council may at any time provide for a
performance audit of any or all of the offices, agencies,
departments, programs, and operations for which the county is
responsible. The council may exercise its authority to conduct
performance audits through the hiring of a qualified in-house
auditor or through the hiring of a qualified auditor or both. The
scope of the audit shall be in accordance with the terms of an
assignment referred to the office of the county clerk by the
county council or a written contract to be approved by the council
and signed by the presiding officer of the council, but may
include the following activities:
(1) Examination and testing of county offices' ,
agencies' programs' and departments' implementation processes
to determine whether the laws, policies and programs of the
county are being carried out in the most effective, efficient
and economical manner.
Q) Examination and testing of the internal control
systems of offices, agencies, programs, operations and
departments to ensure that such systems are properly designed
to safeguard public assets against loss from waste, fraud,
error, to promote efficient operations, and to encourage
adherence to prescribed management policies.
Said assignment or contract shall encourage recommendations for
changes in the organization, management and processes which will
produce greater efficiency and effectiveness in meeting the
objectives of the programs or operations carried out by the
respective county agencie3, departments, offices, programs, and
- 5 - (11/io)
operations, and shall provide for the completion of the audit
within one calendar year. A copy of the audit report shall be
filed with the county clerk and shall be public record. (Amended
2000)
Section 3 . 13 . Creation of a General Debt.
A. The council by the affirmative vote of at least five
members may authorize the issuance of general obligation bonds in
accordance with the Constitution and laws of the State of Hawaii .
B. Each bond authorization shall specify the purpose for
which moneys are to be borrowed and the maximum amount of bonds to
be issued for that purpose.
C. Notwithstanding any limitation contained in this charter.
the council may accept and receive participating or
nonparticipating federal and state loans for public improvement
projects or other purposes, the aggregate of which. together with
any bonded indebtedness outstanding, shall not at any time exceed
the total bonded indebtedness authorized by the Constitution of
the State of Hawaii.
D. The council may provide for the refunding of general
obligation bonds.
Section 3. 14 . Creation of Special Assessment Debt. The council
may authorize the issuance of improvement bonds to finance
assessable public improvements in the manner provided by law.
Section 3. 15. Revenue Bond Indebtedness. The council may
authorize the issuance of revenue bonds for the purpose of
initiating, constructing, acquiring, extending, replacing or
otherwise improving any revenue-producing facility as provided by
law.
Section 3. 16. Temporary Borrowing.
A. The council may borrow money in any fiscal year in
anticipation of revenues to be derived from taxes for that year,
and for any of the purposes to
which the revenues are
appropriated. No such borrowing shall be in excess of twenty-five
per cent (25%) of the amount of the uncollected taxes of that
year.
B. When any warrants are presented to the county for payment
and the same are not paid for lack of funds, the di-rector of
finance shall issue a warrant note, equal in amount to the face
value of the warrant or warrants so presented for payment. The
warrant note shall be in a form and shall be due at a date
prescribed by the director of finance. It shall bear interest at
the lowest obtainable rate. The notes shall be a first charge on
the moneys of any fund against which the warrant's are issued.
- 6 - (11/10)
C. The council upon recommendation of the mayor may authorize
the director of finance to obtain temporary loans from the State.
Section 3 . 17 . investigation. The council or any authorized
committee thereof shall have the power to conduct investigations
of the operation of any agency or function of the county and any
subject upon which the council may legislate. in investigations,
the presiding officer shall have the right to administer oaths and
in the name of the council to subpoena witnesses and compel the
production of books and papers pertinent thereto. If any person
subpoenaed as a witness, or to produce any books or papers called
for by the process of the council or committee shall fail or
refuse to respond thereto. the circuit court upon request of the
council shall have power to compel obedience to any process of the
council and require such witness to answer questions put to him as
aforesaid, and to punish as a contempt of the court, any refusal
to comply therewith without good cause shown therefor.
False swearing by any witness shall constitute perjury and be
punished as such, and whenever the council is satisfied that a
witness has sworn falsely in any hearing or investigation, it
shall report same to the county attorney for prosecution. In any
investigation which concerns the alleged gross misconduct or
alleged criminal action on the part of any individual, such
individual shall have the right to be represented by counsel, the
right of reasonable cross-examination of witnesses and the right
to process of the council to compel the attendance of witnesses in
his behalf.
Section 3. 18 . Restrictions on County Council and Council members .
The council and its members shall not interfere with the
administrative processes delegated to the mayor.
Except for the purpose of investigative inquiries under Section
3 . 17, the council or its members, in dealing with county
employees, or with county officers who are subjected to the
direction and supervision of the mayor, shall deal solely through
the mayor. and neither the council nor its members shall give
orders to any such employee or officer either publicly or
privately. Any willful violation of the provisions of this
section by a member of the council shall be sufficient grounds for
an action for his removal from office.
Section 3 . 19. implementation of the General Plan
A. The power to process and to issue any zoning, use,
subdivision, or variance permit for more than one transient
accommodation unit shall be vested in and exercisable exclusively
by the council. As used in this Section, "transient accommodation
unit" shall mean an accommodation unit or a portion thereof in a
hotel, timeshare facility, resort condominium, fractional
ownership facility, vacation rental unit or other similarly-used
dwelling that is rented or used by one or more persons for whom
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such accommodation unit is not the person' s tp�-_Jmary residence
under the Internal Revenue Code.
B. Any applicant seeking the issuance of a zoning, use,
subdivision or variance permit fcr more than one accommodation
unit
shall- certify to the planning department- whether any use of
the I units as a transient acconmodation unit is Projected by the
applicant . Prior to granting any such permit for a transient
accom-inodation unit, the council shall conduct a public hearing and
make a finding that granting such permit would be consistent with
the planning growth range of the general plan and in the best
interest of the county and its people. Approval of any such
application shall -require a favorable' vote of two thirds (2/3) of
the entire membership of the council. Appeals of any decision by
the council relating to such permits must be instituted in the
circuit court within thirty (30) days after entrance of the final
decision of the council.
C. The council may by ordinance authorize the planning
commission to process and issue such permits, or certain of them,
on terms and conditions as the council may deem advisable, only
upon the council' s enactment of a rate of growth ordinance that
limits the rate of increase in the number of transient
accommodation units in the county to no greater than one-and-one-
half percent (1. 5%) per annum on a multi-year average basis, or
such growth rate that is within the planning growth range of a
future general plan adopted pursuant to Section 14 . 08 .
D. The council shall adopt such ordinances, laws, rules and
regulations as are necessary to carry out the terms and intent of
this amendment to the Charter.
E. If any provision of this amendment shall be held by a
final order of a court of competent jurisdiction to be
all of the other terms of the amendment shall remain in full force
and effect. (Amended 2008)
ARTICLE IV
ORDINANCES AND RESOLUTIONS
Section 4 . 01 . Actions of the Council . Every legislative act of
the council shall
�El be bj�ordinance except as otherwise provided.
Non-legislative acts of the council ' may be by resolution.
Transfer of funds within the same department, whether in the
operating or udget capital_L � budget, may be effected by resolution.
The enacting clause of every ordinance shall be "Be it ordained by
the council of the county of Kauai : " and the enacting clause of
every resolution shall be "Be it resolved by the council of the
county of Kauai : "
Section 4 . 02 . introduction, Consideration and Passage of
Ordinances and Resol ions .
Onct Ut4
A. Every proposed ordinance shall 1 be initiated as a bill and