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HomeMy WebLinkAbout2012_0511_Minutes Open_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as amended 6/7/12 Board/Committee: BOARD OF ETHICS Meeting Date May 11,2012 Location Mo`ikeha Building,Liquor Conference Room 3 1 Start of Meeting: 9:00 a.m. End of Meeting: 10:38 a.m. Present Chair Kurt Akamine;Vice-Chair Mark Hubbard;Secretary Warren Perry;Members: Kathy Clark;Calvin Murashige;Brad Nagano; Paul Weil Also: Deputy County Attorney Mona Clark;Boards&Commissions Office Staff: Support Clerk Barbara Davis;Administrative Aide Teresa Tamura Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Akamine called the meeting to order at 9:00 a.m.with all members present Chair Akamine said unless there were objections,the order of the meeting would be changed to go into Executive Session following the approval of the minutes Approval of Regular Open Session Minutes of April 13,3012 Mr.Hubbard moved to approve the minutes as Minutes circulated. Mr.Nagano seconded the motion. Motion carried 7:0 Executive Deputy County Attorney Mona Clark read the Session Hawai'i Revised Statutes as described on the agenda that would take the Board into Executive Session for items ES-13,ES-2,ES-3,ES-7 and ES-8. Mr.Hubbard moved to go into Executive Session at 9:06 a.m.and to invite Chief Westerman to remain for ES-7. Mr.Nagano seconded the motion. Motion carried 7:0 Return to Open The meeting resumed in Open Session at 10:05 Board of Ethics Open Session May 11,2012 Page 2 SUBJECT DISCUSSION ACTION Session a.m. Mr.Weil exited the meeting at 10:05 a.m. Ratify Board of Ethics actions taken in Executive Session for items: ES-13,ES-2,ES-3,ES-7 and ES-8 Mr.Hubbard moved to ratify the Board's actions taken in Executive Session for the items listed. Mr. Murashige seconded the motion. Motion carried 6:0 Communications 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 Kuali'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"Kaua'i 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/Iwaki Marathon" Line Items Contained in"Other Services"(Account No.001-0901- 512.30.00)in Bill No.2431 Ms. Clark moved to receive and file the 4 Communications. Mr.Perry seconded the Board of Ethics Open Session May 11,2012 Page 3 SUBJECT DISCUSSION ACTION motion. Motion carriedA..0 Deleted:4:0 Request for RAO 12-002 Letter dated 5/3/12 from Council Vice Chair JoAnn Advisory Yukimura requesting an advisory opinion from the Board of Ethics as to Opinion whether Councilmember KipuKai Kualf'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 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 KipuKai Kualf'i does not recuse himself on these matters. Chair Akamine noted it has been the action of this Board in the past that a Request for an Advisory Opinion did not come from a separate party so this letter needs to be handled as a complaint. The Board could ask Ms. Yukimura to resubmit her request as a complaint. Mr.Hubbard pointed out in the first paragraph of Ms.Yukimura's letter she noted the request was for an advisory opinion and/or an investigation. Mr.Hubbard did agree it should not be treated as a request for an opinion but rather a complaint. He had earlier advised Ms.Yukimura on how the Board had handled this type of a request in the past. Attorney Clark said in considering this a request for an investigation,the Board needs to defer this item and place it in Executive Session on the next agenda. Mr.Murashige said if they follow the normal procedures,by the time the Board gets to this item the harm may have already been done if the Board Board of Ethics Open Session May 11,2012 Page 4 SUBJECT DISCUSSION ACTION rules in that fashion. Mr.Hubbard thought this was more of a"moving forward,what should be done"type of inquiry and he was not sure the Board could come up with parameters for"moving forward". What can Mr.KualPi vote on with regard to OPA? Does he have to recuse himself on line items,on the whole item,and can he even vote on the rest of the budget? Attorney Clark told the Board they could not have a discussion in an open meeting on something that may have possible disciplinary consequences concerning an employee. Mr.Hubbard said if they were talking about moving forward they were not talking about discipline. Attorney Clark said under the Code there are various consequences for various activities. If Mr.KualPi were to ask the Board for an Advisory Opinion,then the discussion can be in open session. Mr.Perry asked if the Board could send a letter to Ms.Yukimura to let her know the Board would continue with the investigation for the next meeting and a letter to Mr.Kuali'i asking him to send his request for an Advisory Opinion with a caution on the section of the Code of Ethics relative to not participating. That should cue them in as they are doing their deliberations on the County budget. Chair Akamine said he would entertain a motion to place this item on the next agenda for Executive Session. Mr.Nagano moved to place this item in Executive Session for the next meeting. Ms. Clark seconded the motion. Motion carried 5:1 (nay-Hubbard) Board of Ethics Open Session May 11,2012 Page 5 SUBJECT DISCUSSION ACTION Mr.Perry moved to send letters to Ms. Yukimura and Mr.Kuah`i relative to what process the Board will be undertaking and caution both of them to be aware of the restrictions against participation. Mr.Hubbard seconded the motion. Mr.Perry said perhaps the letter regarding RAO 12-002 could be copied to the Councilmembers as a communication to make them aware of the restrictions on participation. Attorney Clark said this letter should not be copied to people since it should have been agendaed as an Executive Session item. Unfortunately it was because the letter was delivered at the 13th hour which left no time for it to be assessed whether it should be in closed or open session. Also Attorney Clark noted that she was out of the office on that date. Mr.Hubbard questioned what the letters would say with regard to"and please be aware of because how it is said may have some impact. Chair Akamine said the County Attorney suggested these items be considered in Executive Session and perhaps the communications need to be sent after the discussion in Executive Session. Mr.Perry said at such a critical time as the County Council acting on the County budget it would not hurt to remind all of the Councilmembers to be aware of their participation as opposed to voting and approval because the Code says"shall not participate". Mr.Murashige agreed with Mr.Perry's approach and a letter might perhaps avert a future problem. Motion failed 3:3(ayes: Board of Ethics Open Session May 11,2012 Page 6 SUBJECT DISCUSSION ACTION Hubbard/Murashige/Perry)(nays: Nagano/Clark/Akamine) Mr.Murashige moved to receive the letter from Mr.Kuali'i Mr.Hubbard seconded the motion. Motion carried 6:0 Candidate BOE 2012-9 Review of Status of Disclosure Forms for Political Filings Candidates Filing for Office Chair Akamine said it has been the practice of Boards and Commissions to review the status for the filing of Disclosure Statements within 7 days of a political candidate filing for office. The Office of Boards and Commissions would like to receive direction from the Board regarding the monitoring of those filings and to be able to notify those candidates if they have not submitted those Disclosures on a timely basis. Mr.Hubbard moved to authorize Boards and Commissions to continue to monitor and notify candidates accordingly. Ms.Clark seconded the motion. Motion carried 6:0 Disclosures a. Randy Finlay(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) Mr.Murashige moved that the Board had reviewed and deemed complete Disclosures a through f. Mr.Nagano seconded the motion. Motion carried 6:0 Ms.Clark moved to add the status of Mr.Weil's position with the Kaua'i Democratic Party to the agenda. Mr.Murashige seconded the motion. Chair Akamine said it was brought to his attention at the April meeting Motion carried 6:0 Board of Ethics Open Session May 11,2012 Page 7 SUBJECT DISCUSSION ACTION that Mr.Weil had been elected as an officer with the Kaua'i Democratic Party and therefore he did abstain from decision making at that meeting. Mr.Weil has since resigned his position which was confirmed by Mr.Weil and the Chair of the Democratic Party. Announcements Next Meeting: Friday,June 8,2012—9:00 am,Liquor Conference Room Since Mr.Murashige and Mr.Weil will both be out of town for the next meeting,any Board Member unable to make the June meeting is asked to lease communicate such in a timely manner. Adjournment Chair Akamine adjourned the meeting at 10:38 a.m. Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Kurt Akamine,Chair O Approved as is. ( ) Approved with amendments. See minutes of meeting.