Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2012_0511_Agenda_MeetingPacket
OUP Kurt Akarnine Members: Chair Kathy Clark Calvin Murashige Mark Hubbard Brad Nagano Vice-Chair Paul Weil Warren Perry Secretary COUNTY OF KAUAI BOARD OF ETHICS AMENDED -NOTICE OF MEETING AND AGENDA Friday, May 11, 2012 9:00 a.m. or shortly thereafter Mo'ikeha Building, Liquor Conference Room 3 4444 Rice Street. Llhu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of April 13, 2012 COMMUNICATION BOE 2012-08 Memorandum dated April 13, 2012, from Dickie Chang, Councilmember, regarding a Possible Conflict of Interest with the April 18, 2012 Economic Development & Renewable Energy Strategies Committee Meeting BOE 2012-10 Memorandum dated May 1, 2012, from KipuKai KuaIT'i Councilmember, regarding a Possible Conflict of Interest for the"YWCA—Family Violence Shelter"and"YWCA— Sexual Assault Treatment Program" Line Items Contained in"Other Services" (Account No. 001-0901-512.30- 00) in Bill No. 2431 BOE 2012-11 Memorandum dated May 1. 2012, from Dickie Chang. Councilmember, regarding a Possible Conflict of Interest for the "Kauai Recycles Program"and "Recycling Promotions" Line Items Contained in "Other Services" (Account No. 208-2033-641.30-00) in Bill No. 2431 BOE 2012-12 Memorandum dated May 1, 2012, from Dickie Chang, Councilmember, regarding a Possible Conflict of Interest for the"Tourism—Kaua'i Marathon" and"Tourism—Kaua'i Marathon/fwaki Marathon" Line Items Contained in "Other Services"(Account No. 001-0901-512.30.00) in Bill No. 2431 REQUEST FOR ADVISORY OPINION RAO 12-002 Letter dated 5/3/12 from Council Vice Chair JoAnn Yukimura requesting an advisory opinion from the Board of Ethics as to whether Councilmember KipuKai Kuall'i had a conflict of interest by not recusing himself and instead participated in the discussions and questions on the matter of the Victim Witness Program in the Prosecuting Attorney's An Equal Qpportunity Etnp4yer WNEW Office and during the recent budget hearings on the Office of the Prosecuting Attorney; also, whether on forthcoming and/or future budget matters that may come before the Council will there be a conflict of interest if Councilmember K-ipfi Kai KualTIi does not recuse himself on these matters. CANDIDATE FILINGS BOE 2012-9 Review of Status of Disclosure Forms for Political Candidates Filing for Office DISCLOSURES for review and examination b--the Board of Ethics a. Randy Finley(Salary Commission) b. Mauna Kea Trask(Deputy County Attorney) c. Justin Kollar(Candidate for Prosecuting Attorney) d. Mona Clark (Deputy County Attorney) e. Patrick Gegen (Open Space Commission) f. Gary Mackler(Acting Housing Director) 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-13: Executive Session Minutes of April 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; provided that if the individual concerned requests an open meeting, an open meeting shall be held; 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 11/218/11 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 2 1 Pa Board of Ethics—May 11, 2012 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 1"`12/12 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'l. 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 Z� County operating a private business in conflict with their position with the County of Kauai (ongoing) e. Memorandum dated 4/13/12 from Board of Ethics to the Department Head rescheduling their presence to respond to questions from the Board 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 2012-1 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) b. Letter dated 4130/12 from complainant providing additional information to support allegation of improper use of County property RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES-13, ES-2, ES-3, ES-7, and ES-8 ANNOUNCEMENTS Next Meeting: Friday, June 8, 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 FIRS §92-5(a). 3 1 P ca Board of Ethics—May 11, 2012 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: bdavisCakauai.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. 4j P a Board of Ethics—May 11, 2012 DRIA�F'T T O B10A I I I COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: BOARD OF ETHICS Meeting Date April 13, 2012 Location Mo'ikeha Building, Liquor Conference Room 3 Start of Meeting: 9:04 a.m. End of Meeting: 9:50 a.m. Present Chair Kurt Akamine; Vice-Chair Mark Hubbard; Secretary Warren Perry; Members: Kathy Clark; Calvin Murash I ige; Brad Nagano; Paul Weil Also: Deputy County Attorney Mona Clark; Boards &Commissions Office Staff: Support Clerk Barbara Davis; Administrator Paula Morikarni; Administrative Aide Teresa Tarnura _Excused Absent SUBJECT DISCUSSION Call To Order Chair Akamine called the meeting to order at --9:04 a.m. with,a_quorum_of7,membersP sent Approval of Regular Open Session Minutes of March 9, 2012 Ms. Clark moved to approve the minutes as Minutes circulated. Mr. Hubbard seconded the motion. Motion carried 6:1 (abstain-- Weil Communication BO E 20J 2-06 Memorandum dated March 28, 2012, from JoAnn Yukimura, Council Vice-Chair regarding Possible Conflict C2012-1 2012 Council Mr. Hubbard moved to receive the communication. Mr. Nagano seconded the motion. Roll Call: ClarkAye; Hubbard--Aye; Murashige-- Aye; Nagano-Aye; Perry Aye; Weil -Abstain; Akamine, - Aye Motion carried 6:1 BOE 2012-07 Memorandum dated April 5, 2012, from the Board of Ethics to—M-Ayor-Aqgnard P. Carvalho.,Jr.,xreqquesti in g transmittal to the County Council to update the Kaua'i County Code of Ordinances ------ Ms. Morikami advised the Board that the request wq,,s sent to the Coun Board of Ethics Open Session March 11, 2012 Page 2 SIJBJECT DISCUSSION ACTION Council to update and provide consistency to the Code—of—Ordinances to reflect approved changes to the Charter in 2010 for Section 3-1.8 and Section 3-1.10. Ms. Clark moved to receive the communication, Mr. Hubbard seconded the motion, Roll Call: Clark—Aye; Hubbard---Aye; Murashige---Aye; Nagano,—Aye; Perry—Aye; Weil ---Abstain; Akamine—Aye Motion carried 6:1 Disclosures a, Cayetano Gerardo (Board of Review) i ON 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) E Michael Contrades (Deputy Chief of Police) Chair Akarnine said he had a question on Mr. Finlay's disclosure regarding the percentage of his ownership of the companies listed. Mr. Hubbard assumed that all the companies listed were closely related. Ms. Clark thought the same thing. Mr. Hubbard further felt that Mr. Finlay was getting paid through one company so Mr. I lubbard did not particularly care how much ownership Mr. Finlay had since he did disclose there were 4 businesses of which I does business with the County. Ms. Clark said they should not make assumptions and have Mr. Finlay do it correctly. Ms. Clark moved to receive and deem completed Disclosures a., c., d., e., and f. and return Disclosure b. to Mr. Finlay to complete. Mr. Perry seconded the motion. Roll Call: Clark -- Aye; Hubbard—Aye; Murashige-.--Aye; Nagano —Aye; Perry—Aye; Weil--Abstain; Akarnine Ay Motion 6:1 Deputy County Clark read tlie Board of Ethics Open Session March 11, 2012 Page 3 ___..SUBJECT _ DISCUSSION ACTION Session Ilawai'i Revised Statutes as described on the agenda that would take the Board into Executive Session for items ES-10, ES-2, ES-3, ES-7 and ES-8. Mr. ferry moved to go into Executive Session at 9:25 a.m. Mr. Hubbard seconded the motion. Motion carried 6:1 (abstain-- Weil} -_ Session Ratify Board of Ethics actions taken in Executive Session for items: ES-10, The meeting resumed in Open Session at 9:49 a.m. ES-2, ES-3, ES-7 and ES-8 Mr. Murashige moved to ratify actions taken in Executive Session for items listed. Ms. Clark seconded the motion. Motion carried 6:1 (abstain Weil Announcements Next Meeting: Friday, May 11, 2012 —9:00 am—Liquor Conf renc__ Room. Adjournment Chair Akamine adjourned the meeting at 9:50 a.�n. Submitted by: _ _ Reviewed and Approved by: Barbara Davis, Staff Support Clerk Kurt Ak€nnine, Chair ( ) Approved as is. ( ) approved with amendments. See minutes of-- meeting. COUNTY COUNCIL � ��i �� �� FF ICE OF THE COUNTY CLERK Jay Fur#aro, Chair JoAnn A. Yukimura, Vice Chair Rick Watanabe,County Clerk I` F Tim Bynum Jade K. Fountain-Tanrgaa, Deputy County Clerk Dickie Chance x� Kipuai Kuali`i 4 Telephone 808 241-4188 Nadine K.Nakamura ' Fax p (808)241-6349 Mel Rapozo Email cokcouncil(a:kauai.�ov € }'/` j Council Services Division i ,x 4396 Rice Street, Suite 209 Lihu`e, Kauai, Hawaii 96266 APR 1 62012 MEMORANDUM ..J BOARDS COMMISSIONS MISSION �r ei )4v April 13, 2012 d � TO: All Councilmember - - - FROM. Dickie Chang, Councilmember RE: POSSIBLE CONFLICT OF INTEREST—April 18, 2012 Economic Development & Renewable Energy Strategies Committee Meeting Pursuant to Section 20.04(B), Kauai County Charter, Sec. 3-1.0, Kauai County Code 1087, and Council Rule No. 8, this is to provide disclosure of a possible conflict of interest at the April 18, 2012 Economic Development & Renewable Energy Strategies Committee Meeting regarding EDR 2012-06, relating to an update on the 2012 Kauai Marathon, due to mfr position as the owner of Walaau Productions, which tapes and airs footage of the Kauai Marathon. I also serve as an emcee for the Kauai Marathon at several pre and post events. In light of the above, I will recuse myself from the item mentioned EDR 2012-6. Thank you for your attention to this matter. YS/le cc. Board of Ethics VApril 25, 2012 Council Meeting Agenda BOP; 2012-08 AN EQUAL OPPORTUNITY EMPLOYER COUNTY COUNCIL OFFICE OF THE COUNTY CLERK Jay Furfaro,Chair ` s Joann A. Yukimura,Vice Chair � 3 , Ricky Watanabe,Counter Clerk Tim Bynum n, Jade K_ Fountain-Tanigawa,Deputy County Clerk Dickie Chang KipuKai Kuali`i Telephone 80 ) l- 1 Nadine K.Nakamura `��cF'`� � � 9 .� � Fax ��0 )� 1-63�� Mel Rapozo Email cc�kcouncil;akauai,,,o,v Council Services Division 4396 Rice Street. Suite-1,09 Lihu`e.Kauai,Hawaii 96766 i H MN May 1, 2012 _ BOARD TO: Jar Furfaro. Council Chair and Councilmembers FROM: KipuKai Kuali`i, Councilmember RE: POSSIBLE CONFLICT OF INTEREST FOR THE "YWCA — FAMILY VIOLENCE SHELTER" AND "YNATC A — SEXU AL ASSAULT TREATMENT PROGRAM" LINE ITEMS CONTAINED IN "OTHER SERVICES" (ACCOUNT NO. 001-0901-512.30-00) IN BILL NO. 2431 Pursuant to Section 20.04 (B) of the Kauai County Charter, Section 3-1.9 of the Kauai County Code 1987, as amended, and Rule 8 of the Rules of the Kauai County Council, I hereby provide written disclosure on the record of a possible conflict of interest relating to the "YYV CA — Family Violence Shelter" and "YA1VVA — Sexual Assault Treatment Program" line items contained in "Other Services" (account No. 001-0901-512.30-00) in Bill No. 2431, due to my employment with the W,CA. For this reason; I am recusing myself from deliberation on the 'A-A�CA — Family Violence Shelter" and "NIV,CA — Sexual Assault Treatment Program' line items contained in "Other Services"' (Account No. 001-0901-1512.30-00) in Bill No. 2431. Should you have any questions; please feel free to contact the Council Services Division at 241-4188. 'Thank you for your attention to this matter. AB ds cc: Mav 9, 2012 Council Meeting Board of Ethics AN EQUAL OPPORTUINIT� ESP OVER grimins r rt 3fi COUNTY COUNCIL ,,,�� f��s ,�� � OFFICE OF THE COUNTY CLERK Jay Furfaro, Chair Jo Arm Yukimura, ice Chair ;`: A, Rick}Watanabe,County Clerk Tim B ynum Jade R. Fountain-Tanigawa,Deputy County Clerk Dickie Chang KipuKai I uali`i ?" � a `�+" Telephone(808)241-4188 Nadine K. Nakamura F Fax (808)241-6349 Mel Rapozo Email cokcouncilakauai goy Council Services Division 4396 Rice Street, Suite 209 i 1-1hu`e,Kauai.llawai'i 9676 µ~ �. re� llEM0R N DU` M MAY IJ May 1. 2012 BO, TO: Jay Furfaro, Council Chair and Councilmembers FROM: Dickie Chang, Councilmember 4, RE: POSSIBLE CONFLICT OF INTEREST FOR THE "Is'—AUXI RECYCLES PROGRAM" AND "RECYCLING PROMOTIONS" LINE ITE MS CONTAINED IN "OTHER SERVICES" (ACCOUNT NO. 208- 2033-641.30-00) IN BILL NO. 2431 Pursuant to Section 20.04 (B) of the Kauai County Charter, Section 3-1.9 of the Kauai County- Code 1987, as amended, and Rule 8 of the Rules of the Kauai County= Council, I hereby provide written disclosure on the record of a possible conflict of interest relating to the "Kaua`i Recycles Program" and "Recycling Promotions" line items contained in "Other Services" (Account No. 208-2033-641.30- 00) in Bill No. 2431, due to my position as the Owner of Walaau Productions w=hich tapes and airs advertisements for Garden Isle Disposal. For this reason, I am recusing myself from deliberation on the "Kaua`i Recycles Program" and "Recycling Promotions' line items contained in "Other Services"' (Account No. 208-2033-641.30-00) in Bill No. 2431. Should you have any questions, please feel free to contact the Council Services Division at 241-4188, Thank you for your attention to this matter, r�r AB ds r r , cc: May 9, 2012 Council Meeting M_- Board. of Ethics AN EQUAL OPPORI UNI CV EMPLOYER WIN o mr COUNTY COUNCIL � �`�"�i��� y-� �? OFFICE OF THE COUNTY CLERK S Jai=Furfaro;ChairL, ,_ Jo Ann A.Y'ukimura. Vice Chair u t ` Ricky Watanabe.County Clerk - Jade+, Tiny Bvnu { n � � � Jade K. Fountain-Tanigau a. Deputy County Clerk Dicke Chang 3 KipuKai Kuali`i �r f���, "� Telephone(808)241-4188 Nadine K.Nakamura � ,�� Fax (808)241-6349 Sel Rapozo Email cT kc.}uncil,'2 kauai.a Council Services Division f 4396 Rice Street, Suite 209 Lihu`e,Kauai,Hawaii 96266 IEIOR DLTA1 try" L May 1, 2012 TO. Jay Furfaro, Council Chair and Councilmembers FROM: Dickie Chang, Councilmember RE: POSSIBLE CONFLICT OF INTEREST FOR THE "TOURISM - KAL XI MARATHON" AND "TOURISM - IiAUA'I M RATHONIIW KI MARATHON" LINE ITEMS CONTAINED IN "OTHER SERVICES" (ACCOUNT NO. 001-0901-512.30-00) IN BILL NO. 2431 Pursuant to Section 20.04 (B) of the Kauai County Charter, Section 3-1.9 of the Kauai County Code 1987; as amended, and Rule 8 of the Rules of the Kauai County Council, I hereby provide written disclosure on the record of a possible conflict of interest relating to the "Tourism. - Kaua`i larathon" and "Tourism - Kaua`i Marathonllwaki Marathon" line items contained in "Other Services" (account No. 001-0901-512.30-00) in Bill No. 2431, due to my position as the Owner of Wala`au Productions which tapes and airs footage of the Kauai Marathon. I also serve as an emcee for the Kauai A-larathon at several pre and post events. For this reason; I am recusing myself from deliberation on the "Tourism - Kaua'i Aarathon" and "Tourism - Kaua`i Marathonllwaki 1\1arathon" line items contained in "Other Services" (account No. 001-0901-512.30-00) in Bill No. 2431. Should you have any questions, please feel free to contact the Council Services Division at 241-4188. Thank you for your attention to this matter. AB ds cc: May 9. 2012 Council Meeting Board of Ethics _ Q - 1 AN EQUAL OPPQRTLTEIIT''EMPLOYER COUNTY COUNCIL S,cY ,Or OFFICE OF THE COUNTY CLERK Jay Furfaro,Chair o 9G JoAnn A, Yukimura,Vice Chair Ricky Watanabe,County Clerk Tim Bynum I Jade K. Fountain-Tanigawa, Deputy County Clerk Dickie Chang KipuKai Kuali'i Telephone(808)2414188 Nadine K. Nakamura OF Fax 808)241-6349 Mel Rapozo Email Council Services Division 4396 Rice Street, Suite 209 !I E kC VV' �- L-ihu'e.Kaua'i,Hawai'i 96766 xC f May 3, 2012 # WAY, - 32012 BOARDS &COMMISSIONS ! Mr. Kurt Akamine, Chair And Members of the Board of Ethics c/o Office of Boards and Commissions County of Kaua'i Dear Mr. Akamine and Members: A possible conflict of interest arose during County Council budget hearings on May 20, 2012 (archive tapes available on the County website: http://www.kauai.gov/tabid/400/Default.aspx ) involving the budget for the Office of the Prosecuting Attorney. The intention of this letter is not to assert that there is a conflict of interest and thus a violation of the charter. The intention is to provide information that suggests a potential conflict of interest and to request an advisory opinion from the Board of Ethics and/or an investigation, if determined by the board to be appropriate, based on Section 20.051)(4) of the Kaua'i County. Charter Section 20.05D. (2) states: It shall be the function of the board (2) To render advisory opinions or interpretations with respect to application of the code on request. All requests for advisory opinions shall be answered within thirty (30) days of its filing and failure to submit an advisory opinion within said thirty (30) days shall be deemed a finding of no breach of the code." Here are the facts as known to me. Councilmember KipuKai Kuali'i was appointed to replace Derek Kawakami on the Kaua'i County Council ("Council") on April 12, 2011. Councilmember Kuali'i is also the Director of Operations at the 'YWCA of Kaua'i ("WTCA"). (See Exhibit 1, Councilmember KualiTs disclosure statement.) The YWCA receives grants from the Office of the Prosecuting Attorney ("OPA"). In June, 2011, the OPA sent a communication to the Council requesting approval to apply for a Victims of Crime Act (VOCA) grant from the Attorney General. The initial application was, in part, to fund the salary of a Victim Witness Counselor 11 in the amount of$37,980.00 and to contract with theNINICA to provide sexual assault treatment for $34,050. (See Exhibit 2, Part III of the OPA's AN EQUAL OPPORTUNITY EMPLOYER RA 0 It - 40 a A, Kurt Akamine, Chair and Members of Boards and Commissions May 3, 2012 Page 2 of 4 application for federal funds from the Crime Victim Assistance Grant in the amount of $191,417.00 for the Kaua'l VOCA Expansion Program, for the term commencing August 1, 2011 ("VOCA Grant".)) OPA later terminated the Victim-Witness Counselor 11 position and modified the application to shift the funds for the victim witness counselor's salary to the '17WCA for the sexual assault treatment contract. TheNIN7CA's contract was increased from $34,050.00 to $69,050.00, approximately the same amount that would have gone to the Victim Witness Counselor's salary. (See Exhibit 3, Part III of the OPA's revision of the application for the VOCA Grant.) Section 20.04 of the Kaua'i County Charter provides in part that: B. Any elected official . . . who possesses or acquires such interest as might reasonably tend to create a conflict with his duties or authority, or who is an owner, officer, executive director or director of an or-aanization, or whose member of his immediate family, which includes parents, siblings, spouse or children, is an owner, officer, executive director or director of an organization in any matter pending before him shall make full disclosure of the conflict of interest and shall not participate in said matter. According to his disclosure statement, Councilmember Kuali'i is the Director of Operations for the YWCA. (See Exhibit 1, Councilmember KualiTs disclosure statement.) The YNATCA receives money from OPA, which has the discretion to increase or decrease the amount of the grant funds that OPA provides to the -YWCA (in this case, doubling the amount received by the YWCA). Each year, the Council holds hearings and makes decisions regarding the OPA's budget, The question is whether this relationship puts Councilmember Kuali`i in a position of conflict, as the possibility exists that someone in his position would be inclined to give favorable consideration of the OPA's budget out of concern for continued or increased VOCA funding for the YNNICA, as well as the understandable desire to keep good relations with the Prosecuting Attorney. ('VOCA funding may not be the only funding that the YWCA receives through the Prosecutor's Office; this is something your honorable body may want to investigate.) In this time of decreasing funding, a reduction of funding could mean additional difficulties for the YWCA Director of Operations in the performance of his job. It could mean that he must lay people off or even potentially look at a reduction of his own salary. Conversely, additional funding would affect his job, but Kurt Akamine, Chair and Members of Boards and Commissions May 3, 2012 Page 3 of 4 in a positive way. This suggests that the Director of Operations would want to stay on best terms with OPA, that even the best person in Councilmember Kuali'i position would find it difficult to block out considerations relating to OPA's funding of the YNNTCA in making decisions on the Prosecutor's budget in the public interest. This is a difficult letter for me to write. Putting a good friend and respected colleague on the spot is not something I want to do. However, at the Council's budget hearing of April 20, 2012, Councilmember Kuali'i chose not to recuse himself and seemed to assert that there wasn't a potential conflict of interest. I am hopeful that Councilmember Kuali'i has perhaps requested an advisory opinion from you; if so, this letter is simply to provide relevant information. If he has not yet requested an opinion, I feel compelled to raise the issue. My first responsibility as an elected official is to uphold the charter of the county. The Kaua'i County Charter includes a "Code of Ethics," the purpose of which is "to establish a high standard of integrity and morality in government service." Kauai County Charter, Section 20.01. The Code of Ethics sets the standard for determining whether there is a conflict of interest in Section 20.04B (quoted above) and in Section 20.051)(2) (also quoted above) designates the Board of Ethics as the body which determines how the standard applies. Adhering to high ethical standards increases the probability that public decisions are made in the public interest to the highest benefit of the people of Kaua'i; it also promotes and builds confidence in government's performance and decision-making. It is not my desire to seek penalties or sanctions; I only seek clarity about a situation that is not clear. I am also seeking some precedential guidelines that will help us conduct council business to the standards envisioned and set by the Charter. In summary. I request that the Board of Ethics render an opinion on the following questions: 1. Whether Councilmember Kuali'i, because his employer, the NIVCA receives VOCA money, was in a conflict of interest by not recusing himself and instead participating in discussions on the matter of the Victim Witness program in the Prosecuting Attorney's Office. 2. Whether Councilmember Kuali'i was in a conflict of interest by not recusing himself and instead participating in discussions and questions at recent budget hearings on the Office of the Prosecuting Attorney? Ar—Efth Kurt Akamine, Chair and Members of Boards and Commissions May 3, 2012 Page 4 of 4 3. Whether Councilmember Kuali'i will be in a conflict of interest by not recusing himself and instead participating in decision making on the Office of the Prosecuting Attorney's budget which will be forthcoming in the month of May, 2012? 4. Whether Councilmember Kuah'i will be in a conflict of interest by not recusing himself and instead participating on any matter or request from the Office of the Prosecuting Attorney before the Council in the future. Thank you for your consideration of these issues. Sincerely, ANN A. NY�UU K I RA ouncil Vice Chal Kaua'i County Council Attachments D: 2012-835 OP tl OF BOARD OF ETHICS COUNTY OF KAUAI U DISCLOSURE STATEMENT THIS DOCUMENT IS PUBLIC RECORD 1. GENERAL INFORMATION 'S Ku a, Ck (First (Middle) (Last) Name of Spouse: Your County Position (job title), Board or Commission, or County Seat you are running for:___- Ill. EMPLOYMENT list all employment other than County employment (including part time employment) EMPLOY POSITION VA r*-q ANNUAL INCOME - list all sources and amounts of income greater than $10,000 that you have received in the previous calendar year. Source {name of company) Annual Income (you may round to nearest$1 o If more than$1 oo,000,y may list>$1 0 o � K-2oja-i -CID, Forms—Disclosure For Approved 101509 Exhibit 1 IV. BUSINESS INTERESTS list all businesses, partnerships or sole proprietorships and the percentage of interest in which you have an interest. Business Name Percent Ownership Interest Check here if Business contracts With the H County El El El V. POSITION HELD IN BUSINESS OR ORGANIZATION - List in the space below the information requested for all organizations (whether corporations, non-profit corporations, unincorporated organizations, partnerships, etc.) in which you are an official of the organization (for example president, vice-president, secretary, treasurer, trustee, agent, board member, etc.) Organization Name Position C'0 tM V%A"j&t t, E>01PIK C� AIN % (A 0 Wk ti-—c- De"re I Te-r u. r+ j9p V*j INA4 C�' VIA t C vtiSoJ C& e.A,(O e-tjr Ive.-d-sure-�,r Vvl AA G K'-3 Q-a�-i V1. CREDITORS - List the name of every person, business, organization or corporation (excluding credit cards) to whom you owe money. V VII. REAL PROPERTY list the street address or tax map key number of any real estate in which you have art interest. Addr�_ss/Location Tax Map Key Number Forms s—Disclosure Form Approved 101509 2 VIII. PERSONS REPRESENTED BEFORE GOVERNMENT AGENCIES - List the names of all persons (whether persons, corporations, organizations, partnerships, etc.) that you have represented before any government agency(Federal, State or County), board or commission in the last five years: Name of person, company, etc. Board/Commission/Agency Year IX. CREDITOR INTEREST IN 'INSOLVENT BUSINESSES List the name of any insolvent business which owes money to you. X. CERTIFICATION- MUST BE SIGNED IN FRONT OF A NOTARY PUBLIC I hereby certify that the above statements made by me are true, complete and accurate to the best of my knowledge and belief. I further understand that if I acquire or possess an interest that might reasonably tend to create a conflict of interest with my duties or authority, or I or a member of my immediate family, which includes parents, siblings, spouse or children, is an owner, officer, executive director or director of an organization in any matter pending before me, I shall make full disclosure of the conflict of interest and shall not participate in said matter. Signature 0 K'q's' %S1- Doc. Date: i4 # Pages: Doc. Description: P"9Ck"f-:> a6-452 U1 Notary 0 F kA y-Nam e:, A4� Pi 60 Circuit -"N /111JI1110 Subs rib-editnd sworn to before f 4F ore me this day - 20/ / Notary Public, to of Hawaii My commission expires: -� Forms-Disclosure Fo _Approved 101509 APPLICATION FOR VOCA VICTIM ASSISTANCE GRANT PART Ill. BUDGET DETAIL AND EXPLANATION BUDGET DETAIL: -71-ji fil- AMOUNT COST ELEMENT A. Salaries and Wages No.of Position Title Months Monthly Rate Subtotal Victim Witness Counselor 11 10 -$4752 0 Victim Witness Counselor 11 -10 $3798 $37980 Senior Clerk 10 $693 1 Victim Witness Counselor 11 7.5 $4752 $35640 (Match) — No.of No.of Position Title Months Hourly Rate Hours Subtotal Total Salaries and Wa—ges $128070 B.Fringe Benefits Monthly Ei�e Rate Rate Position Title No.of Months Subtotal _. - Victim Witness Counselor 11 28.482% $4752 10 $13535 Victim Witness Counselor 11 28.482% $3798 10 $10817 -11 2 Senior Clerk 8.482% $693 10 $1974— Victim Witness Counselor 11 34.27% $4752 7.5 $12214 Position Title No.of Hours Subtotal _jELnje Raft _E22�Rate� % $ Total Fringe Benefits $38540 C. Consultants/Contracts Length of Consuftantl Estimated Contract Sp Lnate of ConsultanttContract —Service Select as App YWCA SAID _. 340 5 1 ear CD Cons,Itant 0 Contract YWCA FVS $35050 1 0 Consultant Contract_ $ El Consultant Contract $ Consultant Contract $69100') Total Consultants ALGICNAD VOCA#1(b) (Rty 49t22n"9) Exhibit 2 OS-F E A4ENT AMOUNT T tIon and Subsistence D.,Trim" 0 Ice No.of I ji t I Itemize f inland/interisland Travelers No.of or main a Id n s at transportation, Days or I for transportation,rental as ca, diem car,per diern Unit Cost !p2licable Subtotal Victim Witness Counselor Mtgs $1000 0 $1000 (ADMTN) Emergency Victim $700 0 $700 Tmvelffrans ortation Total Transportation and Subsistence $1700 E.Office Supplies Itemize supplies and related costs such Cost by Unit as pjLting,paper,binders,etc. Quantity Subtotal paper,toner,file folders,etc $ $1411 Total Mee Supplies $1411 F. Equipg!ent Specify equipment that will be purchased,leased,or rented. Quantity Cost!?y Unit subtotal Desk 1 $950 $950 lateral filing cabinet 1 $300 $300 $ Total Equipment , $1250 AGICHAD VOCA#1(b) (Rev 04=009) 4 \ { COST EL E NT AMOUNT G.Other Costs Quantity_ Cost by Unit Subtotal Cell Phone $2{}0 $ Total Other Costs 5200 TOTAL PROJECT COSTS $240271 s AGfCPJAD VOCA#1(b) (Riw"=4") P" BUDGET P EX P -,"X T ION: A. Salaries and Wages Salary for 1.00 FFE Victim Witness Counselor 11 for the.time period of October 1, 2011 to July 31,2012 has been calculated and is in accordance to the Hawaii Governments Employee's Association Bargaining Unit 13. Salary for a 1.00 FTE Victim Witness Counselor II for the time period of October 1,2011 to July 31,2012 has been calculated and is in accordance to the Hawai'i Governments Employee's Association Bargaining Unit 13. Salary for a 0.30 FTE Senior Clerk has been calculated for the time period of October 1, 2011 to July 31,2012 has been calculated and is in accordance to the Hawai'i Governments Employee's Association Bargaining Unit 13. MATCH-Salary for the 1.00 FTE Victim Witness Counselor Il for the time period of September 1,2011 to April 15,2012 has been calculated and is in accordance to the Hawaii Governments Employee's Association Bargaining Unit 13. B. Fringe Benefits The composite fringe benefit rate is at 28.482%for Victim Witness Counselors 11.and the Senior Clerk(list positions). The rate consists of the following fringe benefit items and computed rates: EMPLOYEES' RETIREMENT SYSTEM-(15%) PENSION ADMINISTRATION—(0.520%) FICA(Social Security)-(7.65%) HEALTH FUND-(5.312%) MATCH-The fringe rate for the Victim Witness Counselor R for the time period of September 1,2011 to April 15,2012 will be 34.27% C. Consultants/Contracts The Sexual Assault Treatment Program(SATP)and the Family Violence Shelter(Me Shelter)continue to provide emergency intervention services on a 24-hour basis through a crisis hotline. Immediate response allows victims to receive services at the time they most need assistance. These victims benefit from expeditious referrals to other appropriate service agencies,including the Victim Witness Program. D. Transportation and Subsistence (Emergency Victim Travelfriansportation) Funds will be used for transportation and travel expenses to provide opportunities for victims to participate in the criminal justice system(i.e.,parole considerations,court AGIMAD VOCA C(b) (Rev O41=009) Page I 0hearinj 7rings,assistance with victim impact statements) ADMNISTRATIVE FUNDS-will be used to attend the quarterly ,and Victim Witness . Funds will cover the airfare,per diem el Couselor meetings held on the outer islands the rental car as needed. E. office Supplies ,needed supplies such as pens,paper,toner for printer, Funds will be used to purchase folders,etc to maintain case files. F. Equipment purchased for the Victim Witness Counselor I to utilize. A lateral file A desk will be hold Victim Witness brochures,and information for the cabinet will be purchased to waiting area. G. Other Costs A cell phone is provided for the Victim Witness Counselors to carry with them when they are in court. A schedule is provided and the phone is routed amongst the counselors. Page 2 AGICHAD VOCA#I(b) (Rey 04/Z2/2009) V A , APPLICATION FOR VOCA VICTIM ASSISTANCE GRANT PART IR. BUDGET DETAIL AND EXPLANATION BUDGET DETAIL: COST ELEMENT AMOUNT A.Salaries and Wages No.of Position Title Months Monthly Rate Subtotal Victim Witness Counselor 11 10 $5002 $50,020 10/l/2011 -7/31/2012 ---------- Victim Witness Counselor 11 1.773 $3418 $6,060 0.90 FTE 10/l/2011 - 11/23/11 Senior Clerk 030 FTE 1 $693 $693 October 1 —31 2011 Program Support Technician 9 650.25 5,852 0.25 FTE 11/1/11-7/31/12 Victim Witness Counselor H 7.5 $4752 $35640 (Match)9/1/11-4/15/12 No.of No.of Position Title Months Hourly Rate Hours Subtotal $ $ $ $ Total Salaries and Wages $98,265 B.Fringe Benefits Monthly Position Title Fringe Rate Rate No.of Months Subtotal Victim Witness Counselor Il 33.697% $5002 10 $16f855 Victim Witness Counselor 11 33.697% $3418 1.773 $2,042 Senior Clerk 33.697% $693 1 $234 Program Support Technician 33.697% 65025 9 $1,972 Victim Witness Counselor 11 34.27% $4752 7.5 $12214 Position Title Fringe Rate Hourly Rate No.of Hours Subtotal % $ % $ Total Frime Benefits $33,31 C. Consultants/Contracts Attachment A AG/CPJAD VOCA#1(b) (Rev 04MM09) Exhibit 3 1;ngth of Consultant/ Estimated Contract Scope of Consultant/Contract Service Select as Appropriate YWCA SATP $69,050 1 year consuitant Contract YWCA FVS 0 I year ❑Consultant Contract $ [I Consultant Contract $ El Consultant ❑Contract Total Consultants $104,100 COST ELEMMNT I I AMOUNT D. Transportation and Subsistence No.of Itemize for mainland/interisland Travelers No.of airfare,ground transportation,rental as Days car,pE them Unit Cost applicable Subtotal Victim Witness Counselor Mtgs $1000 0 $1000 (ADMIN) F,mergency Victim $700 0 $700 Tmvelfl raps portat6on $ $ $ Total Transportation and Subsistence $1,700 E.Office Su lies Itemize supplies and related costs such Cost by Unit as printing,paM binders,etc. Quantity Subtotal paper,toner,file folders,etc $ $1439 Total Office Supplies $1,439 F. Equipment Specify equipment that will be purchased,leased,or rented. tity Cost by Unit Subtotal Desk 1 $950 $950 lateral filing cabinet 1 $300 $300 $ Total E ui menu $1,2501 AGIMADVOCAft(b) (Rev"=M) COST ELEMENT AMOUNT G. Other Costs 2!!Lntiry Cost b X Unit Subtotal Cell Phone $200 $ $ Total Other Costs $200 TOTAL PROJECT COSTS $240271 AG/CPJAD-*'0CA#I(b) otevW=409) AMMON BUDGET EXPLANATION: A. Salaries and Wages Salary for 1.00 FI`E,Victim Witness Counselor R for the time period of October 1,2011 to July 31,2012 has been calculated and is in accordance to the Hawaii Governments Employee's Association Bargaining Unit 13. Salary for a 0.90 FTE Victim Witness Counselor H for the time period of October 1,2011 to November 23,2011 has been calculated and is in accordance to the Hawaii Governments Employee's Association Bargaining Unit 13.The remaining 0.14 FTE will be paid by the County of Kaua'i. As of November 24, 2011 the Victim Witness Counselor II position was eliminated.The VOCA qualified work was not sufficient to sustain the position. Salary for a 0.30 FTE Senior Clerk has been calculated for the time period of October 1, 2011 to October 31,2011 has been calculated and is in accordance to the Hawaii Governments Employee's Association Bargaining Unit 13. Due to the experience and the expanding job duties of the Senior Clerk,her position and Salary for the 0.25 FTE Program Support Technician 11 has been calculated for the time period of November 1,2011 to July 31,2012. MATCH-Salary for the 1.00 FTE Victim Witness Counselor H for the time period of September 1,2011 to April 15, 2012 has been calculated and is in accordance to the Hawaii Governments Employee's Association Bargaining Unit 13. B. Fringe Benefits The composite fringe benefit rate is at 33.697%for Victim Witness Counselors and the Senior Clerk/Program Technician. The rate consists of the following fringe benefit items and computed rates: EMPLOYEES' RETIREMENT SYSTEM-(15%) PENSION ADMINISTRATION—(0.52%) FICA(Social Security)- (7.65%) HEALTH FUND-(10.527%) MATCH-The ffinge rate for the Victim Witness Counselor 11 for the time period of September 1,2011 to April 15,2012 will be 34.271% C. Consultants/Contracts The Sexual Assault Treatment Program(SATP)and the Family Violence Shelter(The Shelter)continue to provide emergency intervention services on a 24-hour basis through a crisis hotline. hnniediate response allows victims to receive services at the time they most need AG/CPJAD VOCA#1(b) (Rey 04=009) assistance. These victim benefit from expeditious referrals to other appropriate service agencies,including the Victim Witness Program. *Due to a shortfall in funding for the YWCA SATP Program,and the amount of services that the SATP provides for our county,funds will be allocated to continue to support the SATP. D. Transportation and Subsistence Funds will be used for transportation and travel expenses to provide opportunities for victims to participate in the criminal justice system(i.e.,parole considerations,court hearings,assistance with victim impact statements). ADMINISTRATIVE FUNDS-will be used to attend the quarterly Victim Witness Couselor meetings held on the outer islands. Funds will cover the airfare,per diem,and the rental car as needed. E. Office Supplies Funds will be used to purchase needed supplies such as pens,paper,toner for printer, folders,etc to maintain case files. F. Equipment A desk will be purchased for the Victim Witness Counselor I to utilize. A lateral file cabinet will be purchased to hold Victim Witness brochures,and information for the waiting area. G. Other Costs A cell phone is provided for the Victim Witness Counselors to carry with them when they are in court.A schedule is provided and the phone is routed amongst the counselors. AG/CPJAD'VOCA#1(b) (Rev 04=09) IS ME I (All Department of the Attorney General Crime Prevention and Justice Assistance Division PROJECT GRANT MODIFICATION NOTICE Project Number: 09-VA-03 Project Title: Kauai Victim of Crime Act Expansion Project Grantee: Office of the Prosecuting Attorney Project Director: Shaylene Iseri-Carvalho The Contract between Grantee and the Department of the Attorney General effective as of -August 1, 2011 has been modified as follows: A. Modifications to the "Application For Grant" (Exhibit A to Contract) . Revision of the Goal/Objectives as set forth in Attachment hereto. Revision of the program description as set forth in Attachment hereto. X Amendment of the budget as set forth in Attachment A hereto. Other: B. Modifications to Term of Contract. Term revised to commence from to and including The Notice is to be filed with the project contract. Approved: Adfai-nistrcYtor/Designee Date: AG/CPJAD #19 08/08 KAUAI COUNTY BOARD OF ETHICS DISCLOSURE STATEMENT INSTRUCTION SHEET 1. WHO MUST FILE. The Mayor, Council persons, Prosecuting Attorney, all department heads and deputies, members of boards and commissions, the purchasing agent, and all candidates for elective office. II. WHEN TO FILE. Disclosure forms must be filed within thirty (30) days of taking office or within seven (7) days of filing nomination paper as a candidate for office, as in the case may be. Section 3-1.9, Kauai County Code 1987; Section 20.04, Charter of the County of Kauai. 111. WHAT TO FILE. Charter §20.04 says you must file a list of all property in which you have a right, title or interest, a list of all business firms which contract for county business in which you have any interest, all places of your 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. IV. AMENDMENTS. Disclosure forms must be updated within thirty (30) days of any change in information requiring disclosure. V. PENALTY FOR FAILURE TO FILE. A violation of any provision of the Code of Ethics of the Charter of the County of Kaua'i shall be cause for fine, suspension or removal from office or employment. VI. WHERE TO FILE. All Disclosure Statements should be filed by mail or in person, addressed as follows: Kauai County Board of Ethics c/o Office of Boards & Commissions Mo'ikeha Building 4444 Rice Street, Suite 150 Lihu'e, Kaua'i, Hawaii 96766 We suggest that you make and retain a copy for your personal records. DISCLOSURE FORMS ARE PUBLIC RECORD Forms—Disclosure Form Instructions Rev 091009 80 L 2012 Candidate Filing Uncertifled 51212012$:26:27 AM Name Address Phone® IsssucDatel File Date STATE OF HAWAII STATE SENATOR STATE SENATOR DISTRICT 8 " (D) KOUCHI,RONALD D 3391 EONO ST LIHUE HI 96766 (808)639-2724 04/11/2012 STATE REPRESENTATIVE STATE REPRESENTATIVE DISTRICT 14 " (D) KAWAKAMI,DEREK S K 5077 KAWAIHAU RD KAPAA HI 96746 ($08)639-3790 0312712012 0411312012' " STATE REPRESENTATIVE DISTRICT 15 " (D) TOKIOKA,JAMES K 2512 KANI'O ST LIHUE HI 96766 (808)652-7272 04112/2012 " STATE REPRESENTATIVE DISTRICT 16 " (D) MORIKAWA,DAYNETTE S P PO BOX 92 LIHUE HI 96766 (808)651-8855 04/05/2012 COUNTY OF KAUAI PROSECUTING ATTORNEY KAUAI PROSECUTING ATTORNEY " ,Qe Vrewe_, ©( (NS) ISERI-CARVALHO,SHAYLENE 6539 KAWAIHAU RD KAPAA HI 96746 (808)651-8137 0311412012 03/1912012 C (NS) KOL_LAR,JUSTIN F 3$4A KAHOLALELE RD KAPAA HI 96746 (808)639-9433 02/10/2012 0411612012 COUNCIL MEMBER KAUAI COUNCILMEMBER (7) " (NS) FURFARO,JOSEPH J PO BOX 223224 PRINCEVILLE 'HI 96722 (808)652-1550 04/2712012' (NS) GUTIERREZ-MORE,CHRISTINA 6039 PUKA ST KAPAA HI 96746 (808)634-3590 04/0512012 M (NS) KUALI'I,KIPUKAI L P PO BOX 662061 LIHUE HI 96766 (808)652-3684 : 02/01/2012 02/07/2012 (NS) NAKAMURA,NADINE K 4849 IIWI Rd KAPAA HI 96746 (808)635-1507 02/21/2012' (NS) :RAPOZO,MELVIN F 292 MAKANI RD KAPAA HI 96746 (808)645-0243 02/01/2012 02/0712012 {NS) ;SANCHEZ,LEIALOHA L 1082 KEALOHA RD,#13 KAPAA HI 96746 ($08)345-$613 04/17(2012' (NS) TOULON,ELIZABETH K PO BOX 666 KOLOA HI 96756 (808)332-8371 05/01/2012 (NS) YUKIMURA,JOANNA 2749 KAPENA ST LIHUE HI 96766 (808)652-3988 02/17/2012 OHA OHA TRUSTEE OHA TRUSTEE ISLAND OF KAUAI (1) " (NS) POMROY,SHARON A PO BOX 600 ANAHOLA CHI 96703 (808)346-6725 03/28/2012 (NS) 'SANCHEZ,LEIALOHA L 1082 KEALOHA RD,#B KAPAA HI 96746 (808)345-8613 04/17/2012