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HomeMy WebLinkAbout2012_0413_Agenda_MeetingPacket Kurt Akamine Members: Chair Kathy Clark Calvin Murashige Mark Hubbard Brad Nagano Vice-Chair Paul Weil Warren Perry Secretary COUNTY OF KAUA'I BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, April 13, 2012 9:00 a.m, or shortly thereafter Mo'ikeha Building, Liquor Conference Room 3 4444 Rice Street, Lihu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of March 9, 2012 COMMUNICATION BOE 2012-06 Memorandum dated March 28, 2012, from JoAnn Yukimura, Council Vice-Chair, regarding Possible Conflict of Interest, 02012-100—Claim against the County of Kauai, March 28, 2012 Council Meeting Agenda BOE 2012-07 Memorandum dated April 5, 2012, from the Board of Ethics to Mayor Bernard P. Carvalho,Jr., requesting transmittal to the County Council to update the Kaua'i County Code of Ordinances DISCLOSURES for review and examination by the Board of Ethics a. Cayetano Gerardo (Board of Review) b. Randy Finlay(Salary Commission) c. Patricia Sheehan(Kaua'i Historic Preservation Review Commission) d. James Nishida, Jr. (Charter Commission) e. Jade Fountain-Tanigawa(Deputy County Clerk) f. Michael Contrades (Deputy Chief of Police) EXECUTIVE SESSION Pursuant to Hawal'i Revised Statutes §§92-4 and 92-5 (a) (4). 92-9 (a)(14) (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. 10 c em deliberate , privileges, immunities, and! r liabilities as they may relate to this it and take such action as appropriate. ES-10: Executive Session Minutes of March 9, 2012 An Equal Opportunity Employer 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, adopted January 13, 2012, 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, adopted January 13, 2012, 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 11 12112 alleging that an employee or officer of the County is operating a private business in conflict with their position with the County of KauaT a. Resolution 2012-3. adopted March 9, 2012, defining the scope for an investigation into a complaint alleging that an employee or officer of the County operating a private business in conflict with their position with the County of Kaua'i (ongoing) b. Memorandum dated 3/12/12 from Board of Ethics to the Department Head requesting their presence to respond to questions from the Board c. Letter dated 3111/15/12 from the Department Head notifying the Board of their unavailability on the requested dated and asking to be rescheduled at a later date. d. Memorandum dated 3/1511/12 from the Board of Ethics to Deputy County Attorney Clark requesting an opinion on a Waiver of Conflict due to Disclosure 2 P tz c Board of Ethics—April 13, 2012 ES-8: BOE 12-002 Letter dated 2"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 a. Resolution 2412-1 amending Resolution 2011-1, adopted March 9., 2012, defining the scope for an investigation into an allegation that an employee or officer of the County has improperly used county resources and or County property for other than public activity or purpose(ongoing) RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES-10, ES-2, ES-3, ES-7, and ES-8 ANNOUNCEMENTS Next Meeting: Friday, May 11, 2012 —9:00 a.m., Mo'ikeha Building, Liquor Conference Room 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 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: 1. Your name and if applicable, your positionf'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. 3 1 11a j e Board of Ethics—April 13, 2412 Send written testimony to: Board of Ethics Attn: Barbara Davis Office of Boards & Commissions 4444 Rice Street, Suite I-SO L-thu'e. HI 96766 Email:J bdavis(q'!kauai.gov Fax: 241-5127 Phone, 241-4919 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. 41 P a g e Board of Ethics—April 13, 2012 COUNTY OF KAUAI � ��.�pp�juld Minutes of Meeting OPEN SESSION Board/Committee-, 1) OF ETHICS Meeting Date I March 9,2012 Location Mo'ikeha Building, Liquor Conference Room 3 Start of Meeting: 9:00 a.m. End ofMceting: 10:44 a.m. Present Chair Kurt Akarnine; Vice-Chair Mark Hubbard; Secretary Warren Perry; Members: Kathy Clark; Calvin Murashige; Paul Weil Also: Deputy County Attorney Mauna Kea Trask; Boards & Commissions Office Staff': Support Clerk Barbara Davis; Administrator Paula Morikami; Administrative Aide "Teresa Tamura Excused Member: Brad Nagano Absent SIJBJIICT DISCUSSION A(,,'I"ION - -- -------- Call To Order Chair Kurt Akamine called the meeting to order at 9:00 a.m. with a quorum of 6 members Agenda Chair Akamine, asked the Board to consider changing the order of the agenda by moving Executive Session Item ES-7 to follow the Approval of Minutes and receipt of the Communication to accommodate two members of the audience. Hearing no objection the meeting proceeded as noted by the Chair. Approval of Regular Open Session Minutes of February 10, 2012 Mr. Perry moved to approve the minutes as Minutes circulated. Mr. I I.Libbard seconded the motion. Motion carried 6:0 Communication BOF' 2012-05 Memorandum dated February 14, 2012, from Nadine Nakamura, Councilmeniber, regarding Possible Conflict of Interest with County Council agenda item C 2012-54 (Relating to the Grant of a Pedestrian Access Easement and Cancellation of Portion of Easement 16) Mr. Weil moved to receive the communication and order it filed. Mr. Hubbard seconded the motion. Motion carried 6:0 Executive Deputy County Attorney Mauna Kea Trask read Session the Flawai'i Revised Statutes as described on the Board of Ethics Open Session March 9, 2012 Page 2 SUBJECT DISCUSSION ACTION agenda that would take the Board into Executive Session for items ES-9, ES-2, ES-3, ES-7, ES-8 and ES-10. Ms. Clark moved to go into Executive Session at 9:03 a.m. Mr. I-lubbard seconded the motion. Motion carried Return to Open The meeting resumed in Open Session at 10:34 Session a.m. Ratify Board of Ethics actions taken in Executive Session for items: ES-9, ES-2, ES-3, FS-7, ES-8 and ES-10 Ms. Clark moved to ratify all actions. Mr. Hubbard seconded the motion. Motion carried 6:0 Disclosures a. Gary Nelson(Deputy prosecuting Attorney) b. Ricky Watanabe (County Clerk) c. Mel Rapozo (Candidate for County Council) d. Kipukai Kual!'i (Candidate for County Council) e. Alfredo Nebre (Police Commission) f. Craig De Costa(Board of Review) g. Paul Weil (Board of Ethics) Mr. Perry moved that Disclosures a. though g. be received, deemed complete and ordered filed. Mr. Hubbard seconded the motion. Motion carried 6:0 on Disclosures a. though f. with Mr. Weil abstainiin)-on Discl Adjournment Mr, Hubbard moved to adjourn,the meeting at 10:44 a.m. Mr. Murashige seconded the motion. _-Motion.carried 6:0 Board of Ethics Open Session March 9,, 2012 Page 3 Submitted by Reviewed and Approved by: Barbara Davis, Staff Support Clerk Kurt Akamine, Chair Approved as is. Approved with amendments. See minutes of meeting, -0 COUNTY COUNCIL 9 8 OFFICE OF THE COUNTY CLERK Jay Furfaro, Chair oAnn A.Yukimura.Vice Chair i Ricky Watanabe,County Clerk Tim Bvnum Jade K. Fountain-Tanigawa, Deputy County Clerk Dickie Cban- Tt KipuKai Kuali'i X Telephone(808)ZI-41-4188 Nadine K.Nakamura F Fax (808)241-6349 Mel Rapozo Email cokcpunciF&Kauajjzox, Council Services Division 4396 Rice Street, Suite 209 L-ilm'e, Kauai,Hawaii 96766 MEMORANDUM 20 112 3 0 0 POARDS & COMMISS!01`IS I March 28, 2012 TO: JAY FURFARO, COUNCIL CHAIR AND MEMBERS OF THE KAUA'I COUNTY COUNeIL FROM: JOANN A. YUKIMURA, COUNCIL VICE CHAIR RE: POSSIBLE CONFLICT OF INTEREST C 2012-100 — CLAIM AGAINST THE COUNTY OF KAUAI MARCH 28, 2012 COUNCIL MEETING AGENDA Pursuant to Section 20.04(B) of the Kaua'i County Charter, Section 3.19 of the Kaua'i County Code, and Rule No. 8 of the Rules of the Kaua"i County Council, I hereby provide written disclosure on the record of a possible conflict of interest relating to C 2012-100 because my brother., David Yukimura, has filed a Claim Against the County of Kaua'l. For this reason, I am recusing myself from discussing or participating in this agenda item C 2012-100. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. copy: April 11. 2012 Council Meeting Agenda Office of the Boards of Commissions — Board of Ethics Gary Heu, Managing Director BOE 2012-06 U-')012meunos&1erters/JY POSSIBLE CONFLICT OF INTEREST ON C 20112-100 Jkl AN EQUAL OPPORTUNITY EMPLOYER Kurt Akamine �� �►�. � ��. Members: Chair ; Kathy Clark 't Calvin Murashige Mark Hubbard r Brad Nagano r Vice-Chair OF Paul Weil Warren Perry Secretary COUNTY OF KALUA'I BOARD OF ETHICS c/o {office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu'e. HI 96766 MEMORANDUM April 5, 2012 To: Bernard P. Carvalho, Jr., Mayor and Ex-Officio Member From: Kurt Akamine, Chair, and Members of the Board of Ethics Via: Paula M. Morikami,Administrator, Office of Boards and Commissions Cc: Gary Heu, Managing Director Al Castilla, County Attorney Subject: Requesting transmittal to the County Council to update the Kauai County Code of Ordinances The Board of Ethics asks your assistance in transmitting its request to the County Council that they introduce and adopt a Bill to amend the County Code of Ordinances (Chapter 3) to conform to the Charter amendments approved by the voters in 2010 as they affect the Code of Ethics (Article XX). The attachment reflects the approved changes to the Charter as highlighted in yellow with a Ramsaver version of the Code which follows. Once these changes have been made to the County Code, the Board humbly requests that the County Council forward an updated copy of Chapter 3, Article 1 to the Board for our on-going use in determining conflicts of interest for officers and employees. If you have any questions, please call Paula Morikami at 241-4922. Mahalo. BOO 2012-07 An Equal Opportunity Eniplqyer County Code Amendments -County Council ARTICLE XX CODE OF ETHICS Section 20 . 03 . Contracts . A. The county shall not enter into any contract with an officer or employee or with a firm in which an officer or employee has a substantial interest involving services or property of a value in excess of $1, 000 . 00 unless the contract is made after competitive bidding. (Amended 2010) B. The county shall not enter into a contract with any person or firm which is represented or assisted personally in the matter by a person who has been an employee of the agency within the preceding one year and who participated while in county employment with the subject matter of the contract . (Amended 2010) 39 39 39 39 M M KAUA1X COUNTy CODE, CHAPTER 3, ARTICLE 1 CODE OF ETHICS Section 3-1 . 8 Contracts . (a) A County agency shall not enter into any contract with a councilman or an employee or with a business in which a councilman or an employee has a controlling interest, involving services or property of a value in excess of [five hiandre dellars ($590) ] one thousand dollars ($1, 000 . 00) ,' —unless the contract is made after competitive bidding. (b) A County agency shall not enter into a contract with a person or business which is represented by a person who has been an employee of the agency within the preceding [six (6) menths! one year and who participated while in County office or employment in the matter with which the contract is directly concerned. Section 3-1 . 10 Restrictions on Post Employment. (a) No former councilman or employee shall, within [six (6) menths] -one year after termination of his employment, 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. (b) No former councilman or employee shall, within County Code Amendments -County Council ms]—one year after termination of his employment, assist any person or business or act in a representative capacity for a fee or other consideration, on matters involving official action by the particular county agency or subdivision thereof with which he had actually served. N ARTICLE XX CODE OF ETHICS Section 20 . 04 . Disclosure. A. The mayor, councilpersons, all department heads and deputies, members of boards and commissions and the purchasing administrator, and any employee delegated or authorized to act on behalf of the director of finance and the deputy director of finance in their absence shall, within thirty (30) days of assuming office, file with the board a list of all real property within the county in which he has any right, title or interest, a list of all business firms which contract for county business in which he has any interest, and all their places of employment, including part-time employment, all sources and amounts of income, business ownership, officer and director positions, debts, creditor interests in insolvent businesses and the names of persons represented before government agencies. Amendments to the list, including additions, deletions or changes in title, interest in property or of employment, shall be made within thirty (30) days of the occurrence of the amendment. The list shall be a matter of public record. (Amended 2010) M 39 M 9 39 M KAUAI couNTY CODE, CHAPTER 3, ARTICLE 1 CODE OF ETHICS Section 3-1 . 9 Requirements and Disclosure. (a) The mayor, councilpersons, all department heads and deputies, members of boards and commissions and the purchasing --dart:}- administrator, and any employee delegated or authorized to act on behalf of the director of finance and the deputy director of finance in their absence shall, within thirty (30) days of assuming office, file with the Board of Ethics a list of all real property within the County in which he has any right, title or interest; a list of all business firms which contract for County business in which he has interest; all places of County Code Amendments -County Council employment, including part-time employment; and all sources and amounts of income, business ownership, officer and director positions, debts, creditor interests in insolvent businesses and the names of persons represented before government agencies . Amendments to the list, including additions, deletions or changes in title, interest in property or of employment, shall be made within thirty (30) days of the occurrence of the amendment. The list shall be a matter of public record.