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HomeMy WebLinkAbout2012_0608_Agenda_MeetingPacket 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 Fridav, June 8, 2012 9:00 a.m. or shortly thereafter Mo'ikeha Building, Liquor Conference Room 3 4444 Rice Street, LThu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of May 11, 2011 COMMUNICATION BOE 2012-13 Memorandum dated May 7, 2012, from Nadine Nakamura, Councilmember, regarding a Possible Conflict of Interest for the Mayor's Office—Boards and Commissions Budget (All Line Items) in Bill No. 2431 BOE 2012-14 Memorandum dated May 9., 2012, from JoAnn Yukimura, Council Vice- Chair, regarding a-Possible Conflict of Interest with the"Boys and Girls Club—Waimea" Line Item Contained in"Special Projects" (account No. 001-0101-512.35-00) in Bill No. 2431 REQUEST FOR ADVISORY OPINION RAO 12-003 Letter dated 51'25'/11 from Councilmember KipuKai KuaIT'i requesting an advisory opinion from the Board of Ethics as to whether he has a conflict of interest if he participates in County Council agenda items as relates to the YWCA of which he is an employee as well as to recent and future budget matters involving the Office of the Prosecuting Attorney's VOCA program, and the Office of Economic Development of which both fund some level of the YWCA's programs. a. Letter dated 518112 from KipuKai Kual!'i noting his intent to request an advisory opinion and copies of his Conflict of Interest notification to the County Council. (Received at the 51111/12 Board of Ethics Meeting An Equal Opportunity Entployer RAC} 12-004 Letter dated 5/23/1 2 from Deputy Attorney Mauna Kea Trask as legal counsel for the Liquor Control Commission("Commission") on whether there is a conflict of interest for the Commission or Commissioners to consider and take action on a new liquor application from James Jasper 11, who filed suit against the individual Commissioners over a previous denial of a different liquor application. DISCLOSURES for review and examination by the Board of Ethics a. Shaylene Iscrii-Carvalho (Candidate for Prosecuting Attorney b. Jane Gray(Historic Preservation Commission) c. Danita Am(Historic Preservation Commission) d. Benjamin Lizama, Jr., (Board of Review) e. Jimmy Miranda(Fire Commission) f. Michael Nagano (Fire Commission) g. Jay Furtaro (Candidate for County Council) 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-14: Executive Session Minutes of May 11, 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 11,25111 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 2 ; Board of Ethics—June 8, 2012 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`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. a. Resolution 2012-33, 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 Kauai (ongoing) f Memorandum dated 51`16/12 from Board of Ethics to the respondent requesting their presence to respond to questions from the Board 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 a. Resolution 2012-1 amending Resolution 2411-1, 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 41'34/12 from complainant providing additional information to support allegation of improper use of County property ES-15: RAO 12-002 Request for an opinion from the Board of Ethics dated 51/3112 as to whether conflicts of interest exist in actions taken by an officer(s) or employee(s)of the County. ES-16: BOE 12-004 Complaint dated 51'14%12 alleging that an employee or officer of the County is improperly using County property for other than public activity or purpose. RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES-14, ES-2, ES-3, ES-7, ES-8, ES-15 and ES-16 ANNOUNCEMENTS Next Meeting- Friday, July 13, 2012 —9:00 a.m., Mo'ikeha Building, Liquor Conference Room ADJOUWNMENT 3 1 Board of Ethics--June 8. 2412 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: I. 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. I - 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 indicating 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: bdavisCa;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, 4 I 1-1 a tf Board of Ethics-June 8, 2012 JR' B'@A'[��liroue� jj COUNTY OF KAIJAI Minutes of'Meeting OPLN SESSION BoardlCorrunittee- BOARD OF ET 11 ICS Meeting Date j May 11, 2012 -Vocation Nlo'ikeha Building, Liquor Conference Room 3 Start of Meeting: 9:00 ,Ltu. End ol?vleeirrig7 I 038 �a.m. Present ("hair Kurt Akarninc, 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 Absent SUBJECT DISCUSSION AC"I"ION Call T o Order Chair Akarnine 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 —------_—-------- ------- I 1-roval of the minutes I 11e�iP )_­­_­ —­­­­­----—---------- 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 ''lark read the Session llawai'i Revised Statutes as described on the agenda that would take the Board into Executive Session for items F.S-13, ES-2, ES-3, FS-7 and ES-8. Mr. Hubbard moved to go into Executive 6 a.m. and to invite (Anef Session at 9,-0 Westerman to remain for ES-7. Mr. Nagano tea Board of Ethics Open Session May 11, 2012 Page 2 SUBJECT DISCUSSION ACTION seconded the motion. Motion carried 7:0 Return to Open The meeting resumed in Open Session at 10:05 Session a.m. Mr. Weil exited the meeting at 10:05 a.m. Ratify Bond of Ethics actions taken in Executive Session for items: ES-13, E - , 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 Dickic 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 2012-1.1 Memorandum dated May 1, 2012, from Dickie Chang, Councilmernber, 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/lwaki Marathon" Line Items Contained in"Other Services" (Account No. 001-0901- Board of Ethics Open Session May 11, 2012 Page 3 SUBJECT DISCUSSION ACTION 512.:3() 00) in Bill No. 2431 Ms. Clark moved to receive and file the 4 Communications. Mr. Perry seconded the motion. Motion carried 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 Kuali*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 Councilrnember KlpCtKai Kuali'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. Yukinrura to resubmit her request as a complaint. Mr. Hubbard pointed out in the first paragraph of Ms. Yuk-imura'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. lie 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. Board of Ethics Open Session May 11, 2012 Page 4 UBJECT____ _ DISCUSSION ACTION _ Mr. Murshige 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 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. Kuali`i vote on with regard to OPA? Does he have to recuse himself on line items, on the whole item, and can lie 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. Kualx`i were to ask the Board for an Advisory Opinion, then the discussion can be in open session. Mr. ferry 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 rvn mm next agenda for Executive Session. Mr. Na nano rncrved tc> lace this item in Beard of Ethics Open Session May 11, 20112 Page 5 SUBJECT DISCUSSION _ ACTION_ Executive Session for the next meeting. Ms.M Clark seconded the motion. Motion carried 5.1 (nay-Hubbard) Mr. Perry moved to send letters to Ms. Yukimura and Mr. KualVi 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 13`"hour which left no time for it to be assessed whether it should be in closed or opal 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 bow 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 artici aticn as o osecl to votin x and a roval because tlzc Board of Ethics Open Session May 11, 2012 Page, Ca SUBJECT DISCUSSION ACTION 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: 1-lubbardlMurashigelPerry) (nays: NaganolCl ark/Akamine) Mr. Murashige moved to receive the letter from Mr. Kuali`i Mr. Hubbard seconded the motion. Motion carried 6:0 Candidate BOF 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 authorise Boards and Commissions to continue to monitor and notify candidates accordingly. Ms. Clark seconded the motion. Motion cardedi:0 Disclosures y 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 throe>h f. Mr. Napo seconded the motion. Board of Ethics Open Session May 11, 2012 Page 7 SUBJE r DISCUSSION ACTION Motion carried 6:0 Ms. Clark moved to add the status of Mr. Weil' position with the Kauai Democratic Party to the agenda. Mr. Murashige seconded the motion. Clair Akamine said it was brought to his attention at the April meeting that Motion carried 6:0 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 communicate such in a timely manner. Adjournment Chair Akarnme adjourned the meeting at 1.0:38 a.m. Submitted by: Reviewed and Approved by: _ Barbara Davis, Staff Support Clerk Kurt Akamine, Chair ( Approved as is. ( } Approved with amendments. See minutes of__. meeting. COUNTY COUNCIL �-�. OFFICE OF THE COUNTY CLERK Jay Furfaro,Chair ' JoAnn A. Yukimura.Vice Chair AV Rickv Watanabe,County Clerk Tim Bynum t *c- t h Jade K. Fountain-Van igawa, Deputy County Clerk Dickie Chang KipuKai Kuali'i `.".-.`�.�,, ,�" Telephone(808)241-4188 Nadine K. Nakamura � ��' Fax (SOS)X41-6349 Met Rapozo Email cokcc Lmcil%iikauai.<qy Council Services Division - —. __ 4396 Rice Street,Suite 209 L Liu^`e, ,{Ka ua'i, 11awai`i 96766 i Y'� NJ0 RAN D CJ NI May Ti. `-2012 TO: Jay Furfaro, Council Chair and Councilmembers FROM: Nadine K. Nakamura, Councilmember z ,&/' RE: POSSIBLE CONFLICT OF INTEREST FOR THE MAYOR'S OFFICE- BOARDS AND COMMISSIONS BUDGET (ALL LINE ITEMS) IN BILL NO. 2431 Pursuant to Section 20.04(B) of the Kauai County Charter, Section 3-1.9 of the Kauai Counter 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 Mayor's Office-Boards and Commissions Budget (_all line items) in Bill No. 2431,(Proposed Operating Budget for FY 12-13) due to the fact that my husband°s law firm performs legal services for this Office. For this reason, I am recusing myself from deliberation on the Mavor's Office- Boards and Commissions Budget (all line items) contained in Bill No. 2431. Should you have any questions, please feel free to contact nee. Thank you for °our attention to this matter. SS/lc cc: '�lay 23. 2012 Council Meeting Agenda Board of Ethics D: 2012-872 BOE 2'01'-1 AN EQUAL OPPORTL NTITY EMPLOYER COUNTY COUNCIL `�` OFFICE OF THE COUNTY CLERK I„ 14475 �j' , Jai F'urfaro, Chair I:°ff,� JoAnn A. Yukimura, Vice Chair : Rickv Watanabe,County Clerk Tim l3 num G Jade K. Fountain-Tanigawa, Deputy County Clerk IJickieChang % KipuKai Kuali`i T A S' p 'vadine K. Nakamura '� � °�--�.-�� � ele hone 0808`'.241-4188 Fax (808)Z41-6349 Mel Rapozo Email cokcounciH kauai.�ov° Council Services Division 4396 Rice Street, Suite 209 Lihu`e, Kauai, 1 lawai`i 96766 j 3? May 9 2012 ai g l i TO: Jay Furfaro, Council Chair and Councilmenlbers FROM: Jo Ann A. Yukimura, Council price-Chair RE: POSSIBLE CONFLICT OF INTEREST FOR THE "BOYS AND GIRLS CLUB - WAIME A" LINE ITEM CONTAINED IN "SPECIAL PROJECTS" (ACCOUNT NO. 001-0101-512.35-00) 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 `Boys and Girls Club - Waimea" line item contained in "Special Projects" (Account No. 001-0101-512.35-00) in Bill No. 2431, due to my position on the Advisory Board for the Boys and Girls Club of Ilawai`i. For this reason, I am recusing myself from deliberation on the `Boys and Girls Club - Waimea" line item contained in "Special Projects" (Account No. 001- 0101-512,35-00) 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/lc CC' May 213, 2012 Council Meeting 13oard of Ethics OE -2012®14 AN EQUAL OPPORTUNITY EMPLOYER Or COUNTY COUNCIL ON OFFICE OF THE COUNTY CLERK Jay Furfaro,Chair JoAnn A.Yukimura, Vice Chair fv Ricky Watanabe,County Clerk Tim Bynum Jade K. Fountain-Tanigawa, Deputy County Clerk Dickie Chang KipuKai Kuali'i Telephone(808)241-4188 Nadine K. Nakamura of Fax (808)241-6349 Mel Rapozo Email cokcounci I'd k-auai..gov Council Services Division 4396 Rice Street, Suite 209 Lihu'e,Kaua'i, Hawai'i 96766 MAY 2 5 2012 May 25, 2012 Kurt Akamine, Chair, BOARDS & COMMISSIONS And Members of the Board of Ethics County of Kaua'i c/o Office of the Boards & Commissions Uihu'e, Hawai'i, 96766 Dear Chair Akamine and Members: I am seeking an advisory opinion from the Board of Ethics on whether there is a conflict of interest regarding my employment at the WCA and my duties as a member of the Kaua'i County Council. Section 20.04.B. of the Kaua'i County Charter states that: B. Any elected official, appointed officer, employee, or any member of a board or commission . . . who is an owner, officer, executive director or director of an organization, 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. It is my understanding that the word "director," as used in this section, refers to someone on the organization's board of directors and not someone who is merely an employee. I am the Director of Operations at the YW-CA. Although the word "Director" is in my job title, the position is more one of Manager or Coordinator. In my daily work, my responsibilities include- operations, human resources, facilities, maintenance, equipment, and volunteers. Please see attached job description. Additionally, the source of my salary at the -YI VCA is the YNVCA's general operating funds and is not linked to any funding sources of the County. RAO 12-003 AN EQUAL OPPORTUNITY EMPLOYER Kurt Akamine, Chair, Board of Ethics May 25, 2012 Page 2 1 am not on the NIVCA Board of Directors, nor am I the Executive Director. I do not make any policy or financial decisions for the YWCA. I do not manage the affairs of the 'YWCA or exercise control over its officers. Although I am only an employee of the YWCA, I have recused myself in the past from any matter directly or indirectly related to the YWCA and will continue to do so unless your advisory opinion instructs me to do otherwise. As a County Councilmember I participate in the approval of funding requests, grant requests, and budget submittals from the Office of the Prosecuting Attorney ("OPA") and the Office of Economic Development ("OED") where the YWCA receives funding. In the case of the OED, the Other Services budget line item historically has included some level of funding to the YWCA for the Family Violence Shelter & Sexual Assault Programs. Would there be a conflict of interest if I participated in that decision or approval? In the case of the OPA, the Council votes on the OPA's request to apply for, receive, and expend grant money which includes Federal funding for the Victims of Crime Act (VOCA) that historically has included some level of funding to the YWCA for Crisis Response Workers and Clinical Therapists. Would there be a conflict of interest if I participated in that decision or approval? As a Councilmember, once approval is given and the money is allocated to OED, OPA or any other County agency, I do not have any control or influence over how that money is spent. As such, I do not believe that I have a conflict of interest with regard to matters on the County Council's agenda relating to the OPA, VOCA funding, or the appropriation to OED. Thank you for your consideration of my request. Sincerely, f pu Councilmember Kaua'i County Council CNT—il Attachment. AN EQUAL OPPORTUNITY EMPLOYER ATTACHMENT YWCA of uai JOB DESCRIPTION Position Title: Director of Operations Responsible to: Executive Director Department: Administration Classification: Fall Time Exempt Hours of Work: Based Upon Department Needs Salary Range: Negotiable The Position: Reporting to the Executive Director,the Director of Operations is a key member of the agency administrative team. The Director of Operations working with the Executive Director will oversee the operational functions within the agency, which include but not limited to;Human Resources, Insurance of agency, Supervision of Camp Sloggett, Supervision of Independent Contractors, Volunteer Coordination, IT coordination, Inventory of agency equipment and property- Qualifications: 1. Person should be sympathetic with the YWCA mission and programs. 1 High School diploma/G.E.D. College in Business Administration a plus or courses related to Business with some knowledge of general accounting procedures. 3. Minimum 5 years experience in a progressively responsible office management including Human Resources. 4. Advanced computer skills in Microsoft Nord,Publisher, Access and Excel. 5. Education and experience background must demonstrate good interpersonal skills and the ability to communicate effectively, both verbally and in writing. 6. Ability to be a team worker with excellent organizational skills using initiative and independent judgment to prioritize tasks and meet deadlines. 7. Ability to supervise staff and independent contractors. S. The ability to work in culturally diverse environments. Responsibilities: I. Manage and oversee Camp Sloggett including; Contrator RFP, Site Caretaker(s), Compliance with all DLNTR regulations, maintenance, events, lease renewals, and develop any policies or procedures as needed. . Assist with Shelter issues when requested. 3. Maimain and update agency job descriptions, place classified ads, orientate new personnel and manage personnel issues as needed. Responsible for managing employee benefit package. 4: Work with ED on agency training plan. 5. Volunteer coordination; receive volunteer applications, distribute to programs, post on web. 6. Manage IT'needs;web sites, sof fare, and any other related.technology. 7. Manage agency insurance policies, ensure timely renewals. �f J) ' S. Assist with agency communications as needed, may include; annual report, internal and external newsletters, brochures, flyers, and press releases. 9. Maintain agency equipment and property inventory. Manage equipment replacement and purchasing. 10. Organize and manage agency key system:, Human Resource filing systems, including dead file storage and file purging for agency. 11. Assist with special events and ether resource development. 12. Coordinate with Director of Fund Development to write grants for projects and equipment related to agency operations. 13. Other 0 ft COUNTY COUNCIL OP OFFICE OF THE COUNTY CLERK Jay Furfaro,Chair JoAnn A. Yukimura, Vice Chair Ricky Watanabe,County Clerk Tim Bynum Jade K, Fountain-Tanigawa, Deputy County Clerk Dickie Chang KipuKai Kuali'i Telephone(808)241-4188 Nadine K. Nakamura C7F Fax (808)241-6349 Mel Rapozo Email -cokcotmcilf(-4kauai,gov Council Services Division 4396 Rice Street, Suite 209 Lfhu'e, Kaua'i, Hawaii 96766 MAY 1 0 212 F May 8, 2012 i BOARDS & Kurt Akamine, Chair And Members of the Board of Ethics c/o Office of the Boards and Commissions County of Kaua'i Dear Mr. Akamine and Members: It has come to my attention that Councilmember Jo Ann Yukimura is seeking an advisory opinion from the Board of Ethics ("BOE") to determine if I had a conflict of interest by not recusing myself and participating in the recent discussions regarding the Office of the Prosecuting Attorney's Victim Witness Program. I would like an opportunity to address the BOE in person regarding the information provided by Councilmember Yukimura. Unfortunately, the County Council has scheduled decision making meetings regarding the County budget at the same time as your next scheduled meeting. I intend to submit a request for an advisory opinion of my own and did advise Councilmember Yukimura of this intention on a break at a recent Council meeting. I have recused myself in the past from any budget decision-making directly or indirectly connected to the YWCA and I intend to do so again as you can see from my recent memorandum regarding our upcoming budget meetings. So far, I have determined that the 'YWCA has only two funding items that require Council approval (le, voting) both items are contained in the Office of Economic Development. You can see that my memorandum dated May 1, 2012 is very similar to the ones you reviewed last year dated May 6, 2011 and July 5, 2011(all are attached). Please be aware that the recent budget session with the Office of the Prosecuting Attorney ("OPA") was informational only and no decision-making took place. During the session, Councilmember Yukimura did make a passing remark regarding surplus VOCA ("v"ictims of Crime Act) funds going to the 'YINI*CA instead of compensating a former OPA employee. That was all that was said on the matter — so, I saw no need to recuse myself and walk out of the meeting at that time. Finally, I respectfully request that this matter before you on Friday morning either be received or deferred until I can personally appear and respond to the AN EQUAL OPPORTUNITY EMPLOYER RAO 1 2-003 a Kurt Akamine, Chair And Members of Board of Ethics May 8, 2012 Page 2 questions raised in Councilmember Yukimura's letter. In the alternative, please allow me the time to prepare my request to you for an advisory opinion to determine if my employment with the YWCA presents a conflict of interest under Section 20.04 of the Kaua'l County Charter. Until I receive your opinion, I will continue to recuse myself as I have done because of the misperception, falsehoods and doubt that has already been put forward by these and last year's allegations. Thank you for your consideration. Sincerely, KipuKai Kuali'i Councilmember Kaua'i County Council PM/lc Attachments D: 2012-876 COUNTY COUNCIL OP Jay Furfaro, Chair OFFICE OF THE COUNTY CLER JoAnn A. Yukimura, Vice Chair Tim Bynum Ricky Watanabe, County Clei Dickie Chang Jade K. Fountain-Taniga'wa, Deputy County Clei KipuKai Kuali'i Are Nadine K. Nakamura OF 'N�Nrt Telephone(808)241-418 Mel Rapozo Fax (808)241-614 Council Services Division Email c�qkcoune�jl�akauajgo 4396 Rice Street, Suite log L-ihu'e,Kaua'i,Hawaii 96766 SIR LI 0 R A N D U ,1,1 May 1, 2012 TO: Jay Furfaro, Council Chair '12 MAY -2 IP'f2 �2 and COUncilmembers - FROM: KipuKai Kuall'i, COUncilmemberq ,Nl RE: 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 Pursuant to Section 20.04 (B) of the Kaua'i County Charter, Section 3-1.9 of the Kaua'i County Code 1987, as amended, and Rule 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 the "YWCA — Family Violence Shelter" and "-YIVCA — 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 YWCA. For this reason, I am recusing myself from deliberation on the "YWCA — Family Violence Shelter" and "-YIVCA — Sexual Assault Treatment Program" 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 AN EQUAL OPPORTUNITY EMPLOYER COUNTY COUNCIL OP OFFICE OF THE COUNTY CLERK Jay Furfaro, Chair JoAnn A. Yukimura, Vice Chair Peter A.Nakamura,Count Clerk Tim Bynum i Eduardo T OFOG�14 I Dunty Clerk Dickie Chang t KipuKai L.P. Kuali'i Telephone(808)241-4188 Nadine K.Nakamura F f10N24 0 ji Mel Rapozo E1 c 11 1, U ov Council Services Division 3371-A Wilcox Road L-jhu'e,Kaua'i,Hawaii 96766 OFF;i"' THE COUWfy ,-,i MEMORANDUM COUNTY OF f May 6, 2011 TO: Jay Furfaro, Council Chair and Members of the Kaua'i County Council FROM: KipuKai L.P. Kuali'i, Councilmember`,&.qc- RE: POSSIBLE CONFLICT OF INTEREST "YWCA FAMILY VIOLENCE SHELTER" LINE ITEM AND "YWCA SEXUAL ASSULT TREATMENT PROGRAM" LINE ITEM UNDER "OTHER SERVICES" LINE ITEM (ACCOUNT NO. 001-6901-512.30- 00) IN BILL NO. 2402 Pursuant to Section 20.04(B) of the Kauai County Charter, Section 3-1.9 of the Kaua'i County Code 1987, as amended, and Rule 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 the "YWCA Family Violence Shelter" line item and "'YWCA Sexual Assault Treatment Program" line item under "Other Services" line item (Account No. 001-0901-512.30-00) in Bill No. 2402, due to my employment with the YWCA. For this reason, I am recusing myself from deliberations on the "Y"TCA, Family Violence Shelter" line item and "YWCA Sexual Assault Treatment Program" line item under "Other Services" line item (Account No. 001-0901-512.30-00) in Bill No. 2402. If you have any questions, please feel free to contact me at 241-4094. Thank you for your attention to this matter. cc: ; May 18, 2011 Council Meeting Agenda Board of Ethics Budget Staff AB:V:\Micha1Nakashima\kk 2010-2012\KK Recusal tAVCA)2011-1.3.doc AN EQUAL OPPORTUNITY EMPLOYER COUNTY COUNCIL -IFFICE OF THE COUNTY CLERK Jay Furfaro,Chair i Cc) JoAnn A.Yukimura, Vice Chair Peter A.Nakamura,County Clerk Tim Bynum EduRf T Rputy County Clerk Dickie Chang KipuKai L.P. Kuali'i o Telephone(808)2414188 Nadine K.Nakamura oil Fax -6'41-- Mel Rapozo R&l—C%kCWc1 #ka u a Council Services Division 3371-A Wilcox Road L-ihu'e,Kaua'i,Hawaii 96766 T HE cc,ui N T'f MEMORANDUM couNTY July 5, 2011 TO: Jay Furfaro, Council Chair and Members of the Kaua'l County Council FROM: KipuKai L.P. Kuall'i, Councilmember 6t�S q4l,:�,Q RE: POSSIBLE CONFLICT OF INTEREST JULY 6, 2011 COUNCIL MEETING AGENDA ITEM NO. C 2011-204 AND C 2011-205 Pursuant to Section 20.04(B) of the Kaua'l County Charter, Section 3-1.9 of the Kaua'i County Code 1987, as amended, and Rule 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 the following agenda items on the July 6, 2011 Council meeting agenda: • C 2011-204: Requesting Council approval to apply for, receive and expend federal funds from the Crime Victim Assistance Grant for the Kaua'l Victim of Crime Act (VOCA) Expansion Program (for the term commencing August 1, 2011), and to indemnify the State of Hawaii, Department of the Attorney General. • C 2011-205: Requesting Council approval to apply for, receive, and expend State funds from the Victim Witness Assistance Program Grant for the continuation of the Kaua'i Victim Witness Program (for the term July 1, 2011 through June 30, 2012), and to indemnify the State of Hawaii, Department of the Attorney General. I am recusing myself from deliberations on C 2011-204 and C 2011-205 due to my employment with the YWCA. The YWCA is a participating agency of the Office of the Prosecuting Attorney's Kaua'l VOCA Expansion Program and Victim Witness Assistance Program. If you have any questions, please feel free to contact me at 241-4094. Thank you for your attention to this matter. ab cc* ,,/July 20, 2011 Council Meeting Agenda Board of Ethics AN 1--1QUAl,OPPORTUNITY ]-,MPLOYER Bernard P. Carvalho,Jr. Alfred B. Castillo,Jr. Mayor County Attorney. Gary K Heu Amy I. Esaki Managing Director First Deputy OFFICE OF THE COUNTY ATTORNEY County of Kauali,State of Hawaii H 4444 Rice Street,Suite 220,Lfthu'e,Haw'ai'i 96766-1300 TEL(808)241-4930 FAX(808)241-6319 ( I WX 2 3 201� it May 23, 2012 BOARDS &COMMISSIONS Kurt Akamine, Chairperson, and Members of the Board of Ethics Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu'e, Hawaii 96766 RE: Request for Advisory Opinion by the Liquor Control Commission Dear Chair Akamine and Members of the Board of Ethics, The Liquor Commission of the County of Kaua'i is requesting an advisory opinion pursuant to Rule 5.1 of the Kaua'i County Board of Ethics' Rules and Regulations on the following questions: 1) Given the voluntary withdrawal of Mr. Jaspers Application No. 2008-103 on April 5, 2012, and a Stipulation for Dismissal With Prejudice of All Claims and All Parties filed in the Fifth Circuit Court, Civil No. 10-1-0187, is there still a conflict for either the Liquor Commission, Mr. Honma, and/or the individual Commissioners to hear, consider and take action on Mr. Jasper's new Application No. 2012-108? 2) If there is no conflict, would it be proper if the Commissioners voluntarily recuse themselves from hearing Mr. Jasper's new Application No. 2012-108 because (1) Mr. Jasper could take further legal action against the Commissioners personally should he be denied a liquor license; and (2) The Commissioners could be sued by another interested party of improperly granting Mr. Jasper a liquor license. This issue arose out of a dispute that originated from an application for a liquor license in the latter half of 2008. At that time, Petitioner James Jasper 11, applied under Application No. 2008-103 filed on June 3, 2008, for a Dispenser General (live RAO 12-004 Kurt Akamine, Chairperson, and Members of the Board of Ethics May 23, 2012 Page 2 entertainment and dancing) license to be located at 3416 Rice Street, Space #306, L-ihu'e Kauai for a restaurant/ bar type establishment under the name Jimmy's Sports Bar. After a prolonged hearings process, the Liquor Control Commission denied Mr. Jasper's application via the Commission's Findings of Fact, Conclusions of Law, Decision and Order dated December 18, 2008 (Attachment 1). Mr. Jasper thereafter filed an appeal with the Fifth Circuit Court under Civil No. 08-1-0187. The Honorable Judge Randal G.B. Valenciano presided. After the hearing, the Court issued its Judgment dated March 16, 2009 (Attachment 2). The Court found that the Commission acted in violation of State statutory administrative procedural rules in denying Mr. Jasper's application 2008-103. The Court did not rule on the merits of the Commission's decision itself which was based on Hawaii Revised Statutes 281-59 (a). The Court in its Judgment vacated the Commission's Findings of Fact, Conclusions of Law, Decision and Order dated December 18, 2008, and remanded the case to the Commission, "for further proceedings consistent with Chapter 91, Chapter 92 and other applicable law." Mr. Jasper filed another Complaint on August 24, 2010 (Attachment 3) against the County of Kaua'i and the Liquor Commission, in its official capacity, and various members of the Liquor Commission, individually, based upon the Circuit Court's Order. Mr. Jasper, in his Complaint, alleges civil rights violations pursuant to U.S.C. Section 1983 as well as other civil claims under Fifth Circuit Court, Civil No. 10-1-0187. On September 2, 2010, the Honorable Judge Randal G.B. Valenciano of the Fifth Circuit Court, Civil No. 08-1-0187, ordered the Liquor Control Commission to place Mr. Jasper's original application on their agenda no later than October 29, 2010 (Attachment 4). The Liquor Control Commission complied with the Judge's request and said application was placed on the agenda for the Commission's October 7, 2010 agenda. The County Attorney's Office in the meantime was served with said Complaint filed on September 9, 2010, in the Fifth Circuit Court; Civil No. 10-1-0187. At the next Liquor Commission meeting, the Commission at the request of myself, voted to approve a motion seeking an advisory opinion by the Board of Ethics seeking guidance on this issue. On or about October 15, 2010, 1 submitted a request for an advisory opinion regarding an issue involving a dispute between liquor license applicant Mr. Jasper and the Liquor Commission. On or about that same time, Director of Liquor Department, Eric Honma, and four(4) members of the Liquor Control Commission, Gerald Matsunaga, Clifford Kurt Akamine, Chairperson, and Members of the Board of Ethics May 23, 2012 Page 3 Nakea, Shirley Akita, and William Gibson submitted a similar request for an advisory opinion. Based upon the aforementioned facts and circumstances, the Board of Ethics rendered decisions on both requests for advisory opinions at their November 12, 2010 meeting. In regards to Mr. Honma and the individual Liquor Commissioner's request, the Board of Ethics found that "Mr. Honma and the individual Commissioners have a personal financial stake or interest which could be connected to the outcome of Mr. Jasper's liquor license application and pursuant to Section 20.04 (B) of the Charter should not participate on this matter before the Liquor Commission" (Attachment 5). Similarly the Board of Ethics found, with respect to the Liquor Commission as the body, that, "[i]f a majority of the Liquor Commission members recuse themselves as required under Section 20.04 (B) of the Charter, the Liquor Commission would not be able to deliberate and/or act on Mr. Jasper's liquor application. From a practical perspective, the recusal of a majority of the Liquor Commission members creates a situation in which the Liquor Commission would not be able to act on the Jasper license application and thereby inadvertently places the Liquor Commission in a conflict of interest situation (Attachment 6). Based upon the Board of Ethics findings and pursuant to the Fifth Circuit Court's Order the Liquor Commission has duly placed Mr. Jasper's liquor license application number 2008-103 on its agenda but has recused itself from hearing said application or acting upon it. As such, there has been no action on Mr. Jasper's application since November 12, 2010. On or about April 5, 2012, Mr. Jasper voluntarily withdrew his Application No. 2008-103 filed on June 3, 2008, for a Dispenser General (live entertainment and dancing) license to be located at 3416 Rice Street, Space #306, LThue, Kauai, Hawaii (Attachment 7). On or about April 13, 2012, a Stipulation for Dismissal With Prejudice of All Claims and All Parties was filed in the Fifth Circuit Court, Civil No. 10-1-0187 (Attachment 8). On or about April 26, 2012, Mr. Jasper filed Application No. 2012-108 for a Dispenser General (live entertainment and dancing) license located at 4-1638 Kuhio Highway, Kapa'a, Kaua'i, Hawaii (Attachment 9). Pursuant to the provisions of Hawaii Revised Statutes Chapter 281, a Notice of Hearing was recently published notifying the public that the Liquor Commission will hold a public hearing on Mr. Jasper's Application No. 2012-108 on July 12, 2012 (Attachment 10). Kurt Akamine, Chairperson, and Members of the Board of Ethics May 23, 2012 Page 4 Because I am the Deputy County Attorney assigned to the County's Liquor Control Commission, and I represent the Liquor Commission in the aforementioned lawsuits filed by James Jasper, in which I made the original request for an advisory opinion on or about October 15, 2010, 1 am authorized to make this request for an advisory opinion. Thank you for your consideration in this matter. Please contact me if should you need any supplemental information pursuant to Rule 5.1(c). Sincerely, MALIN BASK��� Deputy County Attorney cc: Liquor Control Commission Enclosures BEFORE THE LIQUOR CONTROL COMMISSION OF THE COUNTY OF KAUAI STATE OF HAWAII In the Matter of the Application FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER Of APPLICATION NO. 2008-103 JAMES JASPER 11, dba JIMMY'S SPORTS BAR FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER A Public Hearing was held on August 21, 2008 before the County of Kaua'i Liquor Control Commission ("Commission"). Robert Goldberg, Esq. appeared on behalf of Applicant James T. Jasper 11, DBA Jimmy's Sports Bar ("Applicant"). Having considered all of the evidence, including written submissions of the Applicant and the public, exhibits, testimony and arguments presented at the hearing, together with the record and files in this matter, the Commission hereby makes the following Findings of Fact, Conclusions of Law, Decision and Order. FINDINGS OF FACT 1. Pursuant to Hawaii Revised Statutes ("HRS"), §§ 281-51 through 281-56, Applicant James T. Jasper 11, DBA Jimmy's Sports Bar submitted his application for Liquor License Category Dispenser General on June 3, 2008, identified by the Department of Liquor Control ("Department") as Application No. 2008-103 ("Application"). ATTACHMENT 1 2. The Commission accepted the Application for publication and public hearing on June 19, 2008 and caused notices of public hearing to be posted in the Garden Island newspaper on Wednesdays, June 25 and July 2, 2008, pursuant to HRS 281- 57(b), and consistent with the notice requirements of HRS Chapter 91. 3. The Commission fixed the date of Thursday, August 21, 2008 for the public hearing of the Application in Meeting Room #3 of the Uhue Civic Center, Moikeha Building, 4444 Rice Street, Ujhu'e. 4. The hearing agenda was posted pursuant to HRS § 92-7, and by letter dated June 20, 2008 Applicant was notified that the hearing had been scheduled for August 21, 2008. 5. At the August 21, 2008 hearing, Applicant was represented by Robert Goldberg, Esq. 6. Applicant testified on his own behalf, and called no other witnesses. 7. At the hearing, Applicant admitted that he had received the investigator's report, and had no comments on said report. 8. As noted by the Applicant, the investigators report was in support of the Application. 9. Applicant and his attorney had a full opportunity to present testimony to the Commission, and to respond to the Commission's questions. 10. No party requested to intervene in the proceedings. 11. Applicant's counsel stated for the record that he did not believe that there were sufficient protests from either registered voters or property owners within 500 feet of the proposed licensed premises to trigger the HRS § 28-59 automatic denial of the - 2 - application, however he understood that the Commission would "do an investigation" into the number of valid protests. 12. Applicant's counsel stated that the Applicant "reserved the right to disagree and submit additional materials" if he so chose. 13. Applicant and counsel were advised that at the conclusion of the August 21, 2008 public hearing, nothing further could be added to the record. 14. Applicant's counsel stated that he understood, but that his client reserved the right to file a motion for reconsideration on the issue of the calculation of protests. 15, The Commission took public testimony from individuals, after advising the Applicant that he would be entitled to respond to anything raised by the public. 16. After taking all testimony from the Applicant and the public, the Commission closed the public hearing. 17. The Commission voted to schedule its decision making for September 18, 2008, twenty-seven days after the close of the public hearing, and consistent with HIRS § 281-59(a), in order to permit the Department to verify the protesters' names with a certified list of registered voters received from the County Office of Elections. 18, The Applicant was present during these deliberations, and did not object. 19, Consistent with the notice provisions of HIRS § 92-7, and the requirements of HIRS § 281-59(a), the notice of decision making in this Application was posted on September 12, 2008, seven days prior to the hearing. 20. Applicant was again present with counsel. - 3 - 21. At the September 18, 2008 meeting, the Commission received the report from the Department indicating that 67% of the registered voters within 500 feet of the proposed premises, objected to the granting of a liquor license. 22. The Commission voted to adopt the Department's report, and thus was compelled to refuse the application pursuant to HIRS § 281-59(a). 23. Thereafter, by unanimous vote, the Commission refused the application consistent with the requirements of HIRS § 281-59(a)(1). CONCLUSIONS OF LAW 1. Pursuant to the notice requirements of HIRS Chapters 91, 92 and 281 the public hearing in this matter was properly noticed. 2. Applicant was provided an opportunity to present evidence and argument on all issues involved. 3. Pursuant to HIRS § 91-13.5(c), agencies are required to take action to grant or deny any application for a license "within the established maximum period of time." 4. Pursuant to HIRS § 281-59(a), the maximum amount of time allotted to the Liquor Control Commission to rule on an application for a liquor license after the close of the hearing is "[w]ithin fifteen days after the hearing, or within thirty days thereafter if in its discretion the commission extends the fifteen days to thirty days, and gives public notice of same." 5. Public notice of the meeting to render a decision on the Application was properly posted pursuant to HIRS § 92-7, by filing written public notice of the meeting at least six days before the meeting. - 4 - 6. Pursuant to HRS § 281-59(a)(1), if a majority of the "registered voters for the area within five hundred feet of the nearest point of the premises for which the license is asked.. have duly filed or caused to be filed their protests against the granting of the license...the application shall be refused. Otherwise, the commission may in its discretion grant or refuse the same." 7. Based upon the findings of the Department's investigator, the Commission had no discretion to grant the license, and their refusal of said application was proper. DECISION AND ORDER Pursuant to the foregoing Findings of Fact and Conclusions of Law, it is the decision of the Commission by a unanimous vote that the Applicant's application is refused. BY ORDER OF THE KAUAI LIQUOR CONTROL COMMISSION OF THE COUNTY OF KAUAI, STATE OF HAWAII. Dated at 1-7thue, Kaua'i, Hawaii, PAULINE VENTURA Chairman this 18"' day of December, 2008. Liquor Control Commission - 5 - HALE&GOLDBERG LLP A LIMITED LIABILITY LAW PARTNERSHIP 15 ROBERT GOLDBERG (8104) Lihu'e Plantation Building 2970 Kele Street, Suite 210 CLE0 BAH Lihu'e, Kaua'i, Hawaii 96766-1803 Telephone: (808) 245-4100 Facsimile.- (808) 245-4101 E-mail: rgoldberg@kauaisite.com C-) Attorneys for Appellant JAMES T. JASPER 11 M %0 IN THE CIRCUIT COURT OF THE FIFTH CIRCUIT C7 STATE OF HAWAII JAMES T. JASPER 111, Civil No. 08-1-0187 (Agency Appeal) Appellant, 2 C 3 JUDGMENT .C3 VS. LIQUOR CONTROL COMMISSION OF THE COUNTY OF KAUAI, cL3 rz Appellee. a JUDGMENT This agency appeal came on for oral argument before this Court on March 3, 2009 in connection with the six claims set forth in Appellant James T. Jasper U's Statement of the Case (filed Sept. 29, 2008). Appellant JAMES T. JASPER ff("Mr. Jasper") appeared by and through his counsel of record, Robert Goldberg, Esq. of HALE & GOLDBERG LLP. Mr. Jasper was present. Appellee LIQUOR CONTROL COMMISSION OF THE COUNTY OF KAUA'1 ("Commission") appeared by and through its counsel of record, Margaret H. Sueoka, Esq. of the OFFICE OF THE CouNTY ATTORNEY. ATTACHMENT 2 Q Pursuant to Chapter 91 (Hawai'i Administrative Procedure Act), Chapter 92 (Public Agency Meetings and Records) and Chapter 281 (Intoxicating Liquor) of the Hawaii Revised Statutes, Rules 54 and 72 of the Hawaii Rules of Civil Procedure and other applicable law, and based on the pleadings and papers on file with the Court, the arguments of counsel and the entire record in this case, and for the reasons stated by the Court on the record, the Court ruled from the bench and it is hereby ORDERED, ADJUDGED and DECREED as follows: 1. With respect to Mr. Jasper's First Claim ("Failure to Adopt Rules"), the Court enters judgment in favor of Mr. Jasper and against the Commission- The Court finds and concludes that the Commission did not provide Mr. Jasper with rules by which contested case hearings will be conducted ten (10) days prior to the date of the August 21, 2008 hearing, as required by Rule 2.4(c) of the Rules & Regulations of the Liquor Control Commission of the County of Kaua'i. . 2. With respect to Mr. Jasper's Second Claim ("Failure to Comply with Chapter 91"), the Court enters judgment in favor of Mr. Jasper and against the Commission. The Court finds and concludes that the Commission erred in failing to hold a contested case hearing consistent with E & J Lounge Operating Company, Inc. v. Liquor Commission of the City and County of Honolulu, 118 Hawaii 320, 189 P.3d 432 (2008). 3. With respect to Mr. Jasper's Third Claim ("Violation of Chapter 92"'), the Court enters judgment in favor of Mr. Jasper and against the Commission. The Court finds and concludes that the September 18, 2008 Executive Session was not conducted consistent with Chapter 92. 4. With respect to Mr. Jasper's Fourth Claim ("Mr. Honma's Conduct"), the Court enters judgment in favor of Mr. Jasper and against the Commission. The Court finds and 2 concludes that the September 18, 2008 Executive Session was not conducted consistent with Chapter 92 (the Executive Session exceeded the stated purpose of consulting with counsel, and Mr. Honma provided information that should have been received in open session). 5. With respect to Mr. Jasper's Fifth Claim ("Failure to Render Decision"), the Court enters judgment in favor of the Commission and against Mr. Jasper. The Court finds and concludes that the Commission did take action to grant or deny the application within the established period of time, as required by Sections 281-59 and 91-13.5(c). 6. ­­-With respect to Mr. Jasper's Sixth Claim ("Due Process"), the Court enters judgment in favor of Mr. Jasper and against the Commission. The Court finds and concludes that Mr. Jasper was denied due process. All other claims, counterclaims, cross-claims and third-party claims are dismissed without prejudice. Accordingly, the Commission's Findings of Fact, Conclusions of Law, Decision and Order (dated Dec. 18,2048) is VACATED, and this case is REMANDED to the Commission for finther proceedings consistent with Chapter 91, Chapter 92 and other applicable law. Pursuant to Rule 54(d) of the Hawaii Rules of Civil Procedure, a motion for attorneys' fees and costs may be filed and served no later than 14 days after entry of this Judgment (the Court expresses no view as to fees and costs). Pursuant to Rule 72(k) of the Hawaii Rules,of Civil Procedure, the Clerk of the Court shall promptly notify the Commission of the disposition of this appeal. Pursuant to Rule 77(d)of the Hawaii Rules of Civil Procedure, the Clerk shall immediately serve a notice of the entry of this Judgment by mail in the manner provided for in Rule 5 upon each party who is not in default for failure to appear, and shall make a note in the docket of the mailing. 3 APPROVED AS TO FORM- aqa Dated: March 3 2009 ALV . ASTILLO MARL*RET SUEOKA 0 T OFFICE T COUNTYATToRNEY Attorneys for Appellee LIQUOR CONTROL COMMISSION OF THE COUNTY OF KAUA'l IT IS SO ORDERED. DATED: Lihue, Kaua'i, Hawaii MAR 1 62009 (DSEAL f&WQ/ - )"r JUDGE OF THE ABOVE-ENTITLED COURT Judgrnent, Jasper v. Liquor Control Commission of the County of Kauai, Civ. No. 08-1-0187, Circuit Court of the Fifth Circuit, State of Hawaii 4 4\1 Of Counsel: Law Offices of Richard E. Wilson, LLC 79 Er? ALI' 24 PH 12: C5 RICHARD E. WILSON 5614 850 Richards Street, Suite 600 STAI'E [)F 11 Honolulu, Hawaii 96813 Telephone(808) 545-1311 C L F RYwZ--; Facsimile(808) 545-1388 Attorney for Plaintiff James T. Jasper, 11 IN THE CIRCUIT COURT OF THE FIFTH CIRCUIT STATE OF HAWAII JAMES T. JASPER, H, CIVIL NO. 10-1-0187 (Other Civil Action) Plaintiff, FIRST AMENDED COMPLAINT; DEMAND VS. FOR JURY TRIAL; SUMMONS COUNTY OF KAUAI, LIQUOR CONTROL COMMISSION OF THE COUNTY OF KAUAI, SHIRLEY AKITA, THOMAS TOKIOKA, GERALD MATSUNAGA, WILLIAM GIBSON, PAULINE VENTURA, CLIFFORD NAKEA, MYLES SHIBATA, ERIC HONMA, AND MARGARET SUEOKA, DOES 1-10, Defendants. FIRST AMENDED COMPLAINT Plaintiff JAMES T. JASPER, 11 ("Plaintiff"} by and through his counsel, Law Offices of Richard E. Wilson, LLC, hereby alleges and avers against Defendants LIQUOR CONTROL COMMISSION OF THE COUNTY OF KAUAI, SHIRLEY AKITA, THOMAS TOKIOKA, GERALD MATSUNAGA, WILLIAM GIBSON, PAULINE VENTURA, CLIFFORD NAKEA, MYLES SHIBATA, ERIC HO A, AND MARGARET SUEOKA as follows: I Plaintiff is a resident of the County of Kauai, State of Hawaii. 2. Defendant Liquor Control Commission of the County of Kauai ("Liquor Commission") is a governmental subdivision of Defendants County of Kauai ("County"). I do hereby certifj that this is a ff"ll true and ATTACHMENT 3 correct copy of orroilral on file in this office, 3. Defendant County is a governmental entity and responsible for all of its subdivisions, including the Liquor Commission. 4. On information and belief Defendant Shirley Akita ("Akita") is a resident of the County of Kauai, State of Hawaii. At all material times herein, she was a member of the Liquor Commission and is being sued in her individual capacity. 5. on information and belief Defendant Thomas Tokioka ("Tokioka") is a resident of the County of Kauai, State of Hawaii. At all material times herein, he was a member of the Liquor Commission and is being sued in his individual capacity. 6. On information and belief Defendant Gerald Matsunaga ("Matsunaga") is a resident of the County of Kauai, State of Hawaii. At all material times herein, he was a member of the Liquor Commission and is being sued in his individual capacity. 7. - On information and belief Defendant William Gibson ("Gibson") is a resident of the County of Kauai, State of Hawaii. At all material times herein, he was a member of the Liquor Commission and is being sued in his individual capacity. 8. On information and belief Defendant Pauline Ventura("Ventura") is a resident of the County of Kauai, State of Hawaii. At all material times herein, she was a member of the Liquor Commission and is being sued in her individual capacity. 9. On information and belief Defendant Clifford Nakea ("Nakea") is a resident of the County of Kauai, State of Hawaii. At all material times herein, he was a member of the Liquor Commission and is being sued in his individual capacity. 10. On information and belief Defendant Myles Shibata ("Shibata") resident of the County of Kauai, State of Hawaii. At all material times herein, he was a member of the Liquor Commission and is being sued in his individual capacity. 11. On information and belief Defendant Eric Honma ("Houma") is a resident of the County of Kauai, State of Hawaii. At all material times herein, he was the Director of the Department of Liquor Control and is being sued in his individual capacity. 12. On information and belief Defendant Margaret Sueoka ("Sueoka ") is a resident of the County of Kauai, State of Hawaii. At all material times herein, she was the County attorney advising the Liquor Commission and is being sued in her individual capacity. 13, Defendant Does 1-10 are sued herein under fictitious names. Their true names, identities, and capacities are presently unknown to Plaintiff despite Plaintiffs good faith efforts 2 to ascertain the same. When their identities and capacities are ascertained, Plaintiff will seek leave to amend his complaint pursuant to Haw.R.Civ.P. 17(d) by asserting their true names and capacities herein. Plaintiff is informed and believes and thereon alleges that each Doe Defendant is responsible in some manner for the occurrences herein alleged, and that Plaintiff's damages were proximately caused by said Doe Defendants. Each reference to Defendant or Defendants or a specifically named defendant shall also refer to all Doe Defendants by reference. 14. On or about June 3, 2008, Plaintiff submitted an application for a liquor license which was assigned no. 2008-103. Plaintiff sought the license for an establishment which he intended to operate as Jimmy's Sport's Bar. Plaintiff satisfied all legal conditions and requirements concerning his liquor license application. 15. An investigator's report was prepared on or about June 12, 2008. The investigator concluded in his opinion that the Plaintiff was "fit and proper to hold and exercise a liquor license." 16. The Liquor Commission held a hearing on August 21, 2008. However, contrary to its own policies and procedures, the Liquor Commission did not provide Plaintiff with any of the rules upon which the proceeding would be conducted. 17. Likewise, the Liquor Commission failed to comply with the statutory due process requirements of Haw.Rev.Stat. Chapter 91 in numerous ways, including, but not limited to the following: a. failing to comply with the substantive and formal notice requirements; b. failing to provide Plaintiff with notice including 1) an explicit statement in plain language of the issues involved and the facts alleged by the agency in support thereof, and 2) the fact that any party may retain counsel if the party so desires and the fact that a party may appear on the individual's own behalf; C. failing to give written notice of the hearing by registered or certified mail with return receipt requested within fifteen (15) days before the hearing; d. failing to comply with substantive and formal evidentiary requirements; e. failing to provide for the exclusion of irrelevant, immaterial and unduly repetitive evidence; f. failing to limit considerations of portions of the record as support by and in accordance with the reliable, probative and substantial evidence; 3 9- failing to provide Plaintiff with right to conduct such cross examination as may be required for a full and disclosure of the facts or the right to submit rebuttal evidence; h. failing to notify Plaintiff before or during the hearing of material noticed by the Liquor Commission and/or afford him an opportunity to contest the facts so noticed; i. failing to comply with substantive and formal post-hearing requirements; j. failing to serve Plaintiff with a proposal for decision containing a statement of reasons and including determination of each issue of fact or law necessary to the proposed decision k. failing to afford Plaintiff an opportunity to file exceptions and present argument to the officials who are to render the decision; 1. failing to render a decision and order in writing accompanied by separate findings of fact and conclusions of law; and in. failing to notify Plaintiff by delivering or mailing a certified copy of the decision and order and accompanying findings and conclusions to Plaintiff or his attorney of record. 18. The Liquor Commission also failed to render a formal decision within 15 days of the August 21, 2008 public hearing as required by Haw.Rev.Stat. §281-59. The Liquor Commission failed to timely seek or obtain an extension of time beyond the 15 day deadline to render a decision. Accordingly, Plaintiffs application should have been deemed automatically approved pursuant to Haw.Rev.Stat. §91-13.5(c). 19. Instead of complying with statute and issuing Plaintiffs license, the Liquor Commission held a second public hearing on September 18, 2008. However, at the hearing one or more of the individual Commissioners, Akita, Tokioka, Matsunaga, Gibson, Ventura, Nakea, and Shibata (collectively the "Commissioner Defendants") along with Homna and with the advice and consent of Sueoka unlawfully entered into a closed session under the guise of an "executive session" with counsel. This unlawful, closed and secret session was called for the purpose of engaging in secret deliberations concerning Plaintiffs license application in violation of Haw.Rev.Stat. Chapter 92. 20. In fact it was during this unlawful and secret meeting closed to the public that the one or more of the Commissioner Defendants along with non-commissioner Honnia and with the advice and consent of Sueoka discussed, deliberated, and ultimately decided to deny Plaintiffs 4 application. One of more of the Commissioner Defendants along with non-commissioner Honma and with the advice and consent of Sueoka scripted who would actually move to deny Plaintiff's application and who would second the motion. Initially, Defendant Ventura (the Chair) wanted to write what he was supposed to say but Defendant Akita was concerned that that would appear "scripted." One or more of the Commissioner Defendants along with non- commissioner Honma and with the advice and consent of Sueoka selected Defendant Nakea to make a motion since he did not need to "script" his public statements. The Commissioner Defendants along with non-commissioner Honma and with the advice and consent of Sueoka also wanted to ensure that Plaintiffs counsel would be precluded from engaging in any further discussion or comment. Plaintiffs application was thereafter summarily denied. 21. On July 17, 2008, Plaintiff submitted a second application for a liquor license for an establishment he intended to operate called the Primo Pub. The Liquor Commission held a "hearing" on November 20, 2008, and thereafter voted to refuse the application on December 4, 2008. One or more of the Commissioner Defendants again failed to comply with the substantive and procedural requirements of Haw.Rev.Stat. Chapter 91 regarding their denial of the Primo Pub application. 22. Plaintiff timely appealed both application denials. Both appeals were sustained in favor of the Plaintiff. 23. With respect to Plaintiff's appeal for the denial of his application for a liquor license for Jimmy's Sports Bar, on March 16, 2009, the Circuit Court of the Fifth Circuit (Valenciano, J.) in Civil No. 08-1-0187 entered Judgment against the Liquor Commission and in favor of the Plaintiff having specifically found and concluded among other things that the Liquor Commission 1) failed to provide Plaintiff with rules by which the contested case would be conducted in violation of its own rules and regulations, 2) failed to hold a contested case hearing which complied with Haw.Rev.Stat. Chapter 91, and 3) violated Haw.Rev.Stat. Chapter 92 by conducting an improper executive session. The Court also found and concluded that Defendant 14onma improperly participated in the executive session which exceeded its stated purpose and he provided information which should have been received in open session. Lastly, the Court found and concluded that Plaintiff was denied due process. The Judgment is final, and not appealable. 5 24. With respect to Plaintiffs appeal for the denial of his application for a liquor license for Primo, Pub, on June 25, 2009, the Circuit Court of the Fifth Circuit (Valenciano, J.) in Civil No. 09-1-0004 entered Judgment against the Liquor Commission and in favor of the Plaintiff having specifically found and concluded among other things that the Liquor Commission 1) failed to provide Plaintiff with rules by which the contested case would be conducted in violation of its own rules and regulations, and 2) failed to hold a contested case hearing which complied with Haw.Rev.Stat. Chapter 91. Once again the Court found and concluded that Plaintiff was denied due process. The Judgment is final and not appealable. 25. On or about March 6, 2009, the Plaintiff timely notified the County via separate letters of his claims against it pursuant to Section 23.06 of the Kauai County Charter regarding the aforementioned lawsuits. COUNT I—VIOLATION OF 42 U.S.C. -4 1983 26. Plaintiff reallges and reincorporates; the foregoing allegations in Counts I —25 as though fully set forth herein. 27. One of more of the Commissioner Defendants, individually, and Defendants Honina and Sueoka, individually, acted under color of state law to unlawfully deny Plaintiff his rights, privileges, and/or immunities secured by the United States Constitution. 28. As a result of the aforementioned actions of the individual Defendants, Plaintiff was denied due process and equal protection under the law. 29. As a direct and proximate result, Plaintiff has been damaged in an amount exceeding the jurisdictional minimum of this Court. COUNT H—VIOLATION OF THE HAWAII CONSTITUTION 30. Plaintiff reallges and reincorporates the foregoing allegations in Counts I — 29 as though fully set forth herein. 31. One of more of the Commissioner Defendants, individually, and Defendants Honma and Sueoka, individually, acted under color of state law to unlawfully deny Plaintiff his rights, privileges, and/or immunities secured by the Hawaii Constitution. 32. As a result of the aforementioned actions of the individual Defendants, Plaintiff was denied due process and equal protection under the law. 31 As a direct and proximate result, Plaintiff has been damaged in an amount exceeding the jurisdictional minimum of this Court. 6 COUNT III—CIVIL CONSPIRACY 34. Plaintiff reallges and reincorporates the foregoing allegations in Counts I — 33 as though fully set forth herein. 35. One or more of the individual Defendants herein engaged in a concerted action to deprive Plaintiff of his rights, privileges, and/or immunities secured by the United States Constitution as the Hawaii Constitution. Moreover, in denying Plaintiff his requested permits, one or more of the individual Defendants utilized unlawful means, e.g., the failed to comply with both Haw.Rev.Stat. Chapters 91 and 92. 36. As a direct and proximate result, Plaintiff has been damaged in an amount exceeding the jurisdictional minimum of this Court. COUNT IV—INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE 37. Plaintiff reallges and reincorporates the foregoing allegations in Counts I — 36 as though fully set forth herein. 38. Defendant Honma knew that Plaintiff had met the proper criteria for approval of his liquor license application. 39. Defendant Honma interposed himself before the Commissioner Defendants, providing them with purported legal advice and other information during an unlawful executive session. Assuming any information which Defendant Honma presented during the illegal executive session was factual and relevant, it should have been presented in open session. 40. Defendant Honma has a personal bias against Plaintiff and intended to use his position to interfere with and ultimately preclude Plaintiff from receiving a liquor license. There was no legitimate basis or reason to allow Defendant Honnia to participate in the unlawful executive session. 41. Defendant Honma's actions have interfered with Plaintiffs business operations. 42. As a proximate result of Defendant Honma's actions, Plaintiff has been damaged in an amount exceeding the jurisdictional minimum of this Court. 43. By reason of the above alleged acts, omissions, or conduct, the Defendants, and all of them, acted willfully, wantonly, oppressively, and/or with such malice as to imply a spirit of mischief or criminal indifference to civil obligations, and/or with willful misconduct and/or that entire want of care which would raise a presumption of a conscious indifference to the 7 consequences of their conduct. The Defendants, and all of them, are therefore liable to Plaintiff for punitive damages in an amount to be proven at trial. WHEREFORE, Plaintiff demands j udgment in his favor against all Defendants as follows: A. Awarding Plaintiff compensatory damages against all Defendants in an amount to be determined at trial together with prejudgment interest at the maximum rate allowable by law; B. Awarding Plaintiff punitive damages against all Defendants in an amount to be determined at trial; and C. Granting such other and further relief, legal, equitable and/or declaratory, as this Court may deem just and proper. DATED: Honolulu, Hawaii, z3 2010. /CHARD E. WILSON Attorney for Plaintiff James T. Jasper, II 8 IN THE CIRCUIT COURT OF THE FIFTH CIRCUIT STATE OF HAWAII JAMES T. JASPER, 11, CIVIL NO. 10-1-018'7 Plaintiff, (Other Civil Action) DEMAND FOR JURY TRIAL vs. COUNTY OF KAUAI, LIQUOR CONTROL COMMISSION OF THE COUNTY OF KAUAI, SHIRLEY AKITA, THOMAS TOKIOKA, GERALD MATSUNAGA, WILLIAM GIBSON, PAULINE VENTURA, CLIFFORD NAKEA, MYLES SHIBATA, ERIC HONMA, AND MARGARET SUEOKA, DOES 1-10, Defendants. DEMAND FOR JURY TRIAL Plaintiff hereby demands a trial by jury on all matters and issues so triable. DATED: Honolulu, Hawaii, 2,3 2010. CAD E. WILSON' Attorney for Plaintiff James T. Jasper, IZ Of Counsel: Law Offices of Richard E. Wilson, LLC RICHARD E. WILSON 5614 850 Richards Street, Ste. 600 Honolulu, Hawaii 96813 Telephone (808) 545-1311 Facsimile(808) 545-1388 Attorney for Plaintiff James T. Jasper, 11 IN THE CIRCUIT COURT OF THE FIFTH CIRCUIT STATE OF HAWAII JAMES T. JASPER, 11, CIVIL NO. 10-1-0187 (Other Civil Action) Plaintiff, SUMMONS VS. COUNTY OF KAUAI, LIQUOR CONTROL COMM ION OF THE COUNTY OF KAUAI LEY AKITA, TOKI?THOMAS K�� GERALD MATSUNAGA, WILLIAM GIBSON, PAULINE VENTURA, CLIFFORD NAKEA, MYLES SHIBATA, ERIC HONMA, AND MARGARET SUEOKA, DOES 1-10, Defendants. SUMMONS TO: COUNTY OF KAUAI, LIQUOR CONTROL COMMISSION OF THE COUNTY OF KAUAI, SHIRLEY AKITA, THOMAS TOKIOKA, GERALD MATSUNIAGA, WILLIAM GIBSON, PAULINE VENTURA, CLIFFORD NAKEA, MYLES SHIBATA, ERIC HON MA, AND MARGARET SUEOKA YOU ARE HEREBY SUMMONED and required to serve upon Plaintiffs attorneys, Law Offices of Richard E. Wilson, LLC, whose address is 850 Richards Street, Ste. 600 Honolulu, Hawaii 96813, an answer to the First Amended Complaint which is attached, within twenty (20) days after service of this Summons upon you, exclusive of the date of service. If you fail to do so,judgment by default will be taken against you for the relief demanded in the Complaint. This Summons shall not be personally delivered between 10:00 p.m. and 6.-00 a-m_ on premises not open to the general public, unless ajudge of the above-entitled Court permits, in writing on this summons, personal delivery during those hours. A failure to obey this Summons may result in an entry of default and default judgment against the disobeying person or party. AUG 2 4 -7010 DATED: Lihue, Hawaii, S _�L CHRISTINE MARTINEZ E�AL CLERK OF THE ABOVE-ENTITLED COURT 2 -ua ,2t ED ALFRED B. CASTILLO, JR. 3132 MAUNA C 418 Office of the ounty Attorney 4444 Rice Street, Suite 220 LThu'e, Hawaii 96766 Telephone- (808) 241-4930 Facsimile.- (808) 241-6319 Attorneys for Appellee C) LIQUOR CONTROL COMMISSION OF THE COUNTY OF KAUA'I t7- IN THE CIRCUIT COURT OF THE FIFTH CIRCUIT U Z7- STATE OF HAWAII ' JAMES T. JASPER 11, Civil No. 08-1-0187 (Agency Appeal) Appellant, vs. ORDER DENYING APPELLANT JAMES T. JASPER Il'S MOTION LIQUOR CONTROL COMMISSION TO COMPEL FILED ON JULY 26, 2010 OF THE COUNTY OF KAUAI, Appellee. Hearing Date: September 2, 2010 Time: 1:00 p.m. Judge: Randal G.B. Valenciano ORDER DENYING APPELLANT JAMES T. JASPER II'S MOTION TO COMPEL FILED ON JULY 26 2010 Appellant James T. Jasper II' Motion to Compel filed on July 26, 2010, came on for hearing on September 2, 2010, before the Honorable Judge Randal G.B. Valenciano, with Robert Goldberg, attorney for Appellant, and Appellant James T. Jasper 11 being present, and Deputy County Attorney, Mauna Kea Trask, appeared on behalf of Appellee Liquor Control Commission of the County of Kaua'i. I do hereby certify that this is a full,true and ATTACHMENT 4 tome copy of original on file in this office. W4% KI The Court having considered the foregoing motion, the records and files herein, and arguments of the parties, and for good cause shown hereto, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Appellant James T. Jasper If's Motion to Compel filed on July 26, 2010, and Appellant's request for an award of reasonable attorneys' fees and costs in connection to the motion and the underlying appeal is hereby DENIED. IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that this case is remanded to the Liquor Control Commission of the County of Kauai for further proceedings consistent with Hawaii Revised Statutes Chapters 91 and 92, other applicable law, and the Court's Judgment in the instant case filed on March 16, 2009; and Appellee Liquor Control Commission of the County of Kaua'i is to place Appellant's liquor license, under application number 2008-103, on the agenda of the Liquor Control Commission of the County of Kauai no later than October 29, 2010. I=-.T\ DATED: L-ihu'e, Kauai, Hawaii, I = u 9 4L JUDGE OF THE ABOVE-ENTITLED COURT APPROVED AS TO FORM: ROBERT GOLDBERG HALE & GOLDBERG LLP Attorneys for Appellant JAMES T. JASPER If 2 BOARD OF ETHICS COUNTY OF KAUAI ADVISORY OPINION The Kauai County Board of Ethics (the "'Board,"), having reviewed requests for advisory opinions from Mr. Eric Honma, Liquor Director and four (4) members of the Liquor Control Commission, namely Mr. Gerald Matsunaga, Mr. Clifford Nakea, Ms. Shirley Akita, and Mr. William Gibson,herein referred to as"Commissioners", and having obtained all the information deemed necessary by the Board to make a proper determination regarding the subject requests, renders this Advisory Opinion (RAC? 10-016 and RAO 10-017) pursuant to Section 20.05 (D) (2) of the Charter of the County of Kauai and Rule 5, of the Kaua'i County Board of Ethics Rules and Regulations. BACKGROUND By a letters dated October 15, 2010, Eric Honma and the Commissioners requested that the Board of Ethics render an advisory opinion on the following questions: 1. is there a violation of the County Code of Ethics if the Liquor Commission, in its official capacity, hears (James) Jasper's liquor application if he is currently suing the County and the Liquor Commission In Case No. 10-1-0187? 2. if there is no violation of the Ethics Code, is there any conflict of interest or other prohibition on the Liquor Commission hearing and processing his application? A similar request for an advisory opinion was received from Mauna Kea Trask, Deputy County Attorney for the Liquor Commission who also submitted four attachments as part of his request letter regarding the actions taken by the Liquor Commission on Mr. Jasper's liquor license application and the subsequent legal proceedings that resulted from the Liquor Commission's denial of Mr.Jasper's application as follows: ATTACHMENT 5 1. County of Kaua"I Liquor Control Commission Findings of Fact, Conclusions of Law, Decision and Order dated December 18, 2008, for Application No. 2008-103 (James Jasper 11, dba—Jimmy's Sports Bar). 2. Fifth Circuit Court Judgment dated March 16, 2009, for Civil Case No. 08-1-0187 (James T. Jasper, 11, Appellant, vs. Liquor Control Commission of the County of Kaua%Appellee.) 3. First Amended Complaint for Civil Case No. 08-1-0187; Demand for Jury Trial; Summons dated August 24, 2010, filed in the Fifth Circuit Court (James T. Jasper, 11, Plaintiff, vs. County of Kaua'i, Liquor Control Commission of the County of Kauai, Shirley Akita, Thomas Tokioka, Gerald Matsunaga, William Gibson, Pauline Ventura, Clifford Nakea, Myles Shibata, Eric Honma, and Margaret Sueoka, Does 1-10, Defendants.) 4. Fifth Circuit Court Order dated SeptemberlS, 2010, Denying Appellant James T. Jasper, 11's Motion to Compel Filed on July 26, 2010, for Civil Case No. 08-1-0187 (James T. Jasper, 11, Appellant, vs. Liquor Control Commission of the County of Kaua'i,Appellee.) All of these related requests for advisory opinions originated from a dispenser general liquor license application (application no. 2008-13) for a restaurant/bar type establishment under the name Jimmy's Sports Bar that was filed on June 3, 2008 by James Jasper, 11. After a prolonged hearings process, the County Liquor Control Commission denied Mr. Jasper's application on December 18, 2008 causing him to file an appeal with the Fifth Circuit Court(Civil Case No. 08-1-0187). 2 After the hearing, the Court issued its Judgment dated March 16, 2009 and found that the Liquor Commission acted in violation of the State statutory administrative procedural rules in denying Mr. Jasper's application. The Court in its Judgment, vacated the Commission's findings and remanded the case back to the Liquor Commission "for further proceedings consistent with chapter 91, chapter 92 and other applicable law." On August 24, 2010, Mr. Jasper filed another Complaint in the Fifth Circuit Court against the County of Kaua'i and the Liquor Commission, in its official capacity, and various individual members of the Liquor Commission, alleging civil rights violations and other claims under Case No. 10-1-0187. Thereafter, on September 2, 2010 the Court ordered the Liquor Commission to place Mr.Jasper's original dispenser'general liquor license application (application no. 2008-13) back on its agenda by October 29, 2010. The Liquor Commission complied with the Judge's request and placed said application on its October 7, 2010 agenda. In light of the current legal actions filed by Mr. Jasper against the County Liquor Commission, the Commission at its meeting on October 7, 2010, voted to authorize Mr. Mauna Kea Trask, Deputy County Attorney to seek an advisory opinion from the Board of Ethics prior to proceeding on Mr.Jaspers license application. On November 12, 2010,the Board convened in regular session to consider providing an advisory opinion on the above referenced request. Mr. Trask was present during the Board's deliberations and provided testimony regarding this matter. Members of the Board questioned whether Mr. Trask, Deputy County Attorney, had issued a legal opinion and wondered if this matter could properly be brought before the Ethics Board for consideration in the absence of an opinion from the County Attorney's Office. Mr. Trask indicated that he is the legal representative for the Liquor Commission and that no opinions were issued. However, Mr. Trask felt that it was the Ethics Board's responsibility to render advisory opinions regarding possible conflicts of interest pursuant to Section 20.05 D (2) 3 of the Charter. Mr. Trask further explained that he did not intend for the Board to interpret areas of law outside of the County Code of Ethics. The members also questioned whether there were other alternative venues besides the Liquor Commission who could decide on Mr.Jasper's liquor license application in the event that the majority of the existing Liquor Commissioners were determined to have a conflict of interest. Mr. Trask indicated that under State Law (Chapter 281, HRS), the Liquor Commission is the only body that can approve liquor license applications. During the deliberations, the Board was also informed that there is no process for appointing interim Liquor Commissioners who could be authorized to review and take action only on Mr.Jasper's license application. Mona Clark, Deputy County Attorney for the Board of Ethics,stated that she had drafted a written opinion that Is currently awaiting review by the County Attorney for release to the Board. Ms. Clark further Indicated that Mr. Jasper has not only brought legal action against the Liquor Commission and the County but has also personally sued the Director, Eric Honma, as well as the individual members of the Liquor Commission. Although she does not feel the Liquor Commission, in its official capacity, has a conflict of interest, she believes that Mr. Honma and the various Liquor Commissioners have a personal financial interest in the outcome of the Jasper lawsuit. As a result, Ms. Clark is of the opinion that Mr. Honma and the individual Commission members named in Mr. Jasper's lawsuit have a potential personal conflict of interest and should not be allowed to participate on the liquor license application filed by Mr. Jasper. The Ethics Board also received written public testimony urging the Board to avoid any action outside the scope of its authority and, if considered needed, to seek such supplemental information from the applicants for advisory opinions as would be appropriate to 4 enable the Board to render such an advisory opinion as the Charter might require as to the application of code of ethics terms. APPLICABLE LAWS With regard to this request, the Board considered the following provision of the Kauai County Charter in rendering this Advisory Opinion: "Section 20.04 Disclosure. B. Any elected official, appointed officer, employee, or any member of a board or commission 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 organization, 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." (Emphasis added) OPINION Based on the foregoing Code of Ethics provision contained in the Charter and the oral and written testimony provided at the meeting, the Board finds that there is a violation of the County Code of Ethics if the Mr. Honma and the Commissioners, hear and process Mr. James Jasper's request for a liquor license application. Pursuant to Section 20.05 (D) (1) of the Kaua! County Charter, the authority of the Board of Ethics is limited to initiating, receiving, hearing and investigating complaints of violations of the code of ethics. Therefore, this opinion does not address whether there are 5 any other laws, regulations or legal proceedings that may prohibit the Liquor Commission from hearing and/or processing Mr.Jasper's liquor license application. Both the Hawaii Revised Statutes and the Kaua'i County Charter, Section 281-17(1) and Section 16.04 (B) respectively, clearly provide that the Liquor Control Commission shall, "Grant, refuse, suspend and revoke any licenses for the manufacture, importation and sale of liquors." (Emphasis added) Based on the above, it is the responsibility of the Liquor Control Commission and its members to carry out their official duties and responsibilities as prescribed by law in acting on license applications for the sale of liquors However, Mr.Jasper has personally sued Mr. Honma and certain individual members of the Liquor Commission and thereby created a situation in which Mr. Honma and the individual Commissioners have a personal financial interest in the outcome of the lawsuit. The Board cannot ignore whether this lawsuit could influence the outcome of Mr. Jasper's liquor license application. For example, would an offer by Mr. Jasper to release Mr. Honma or the individual Commissioners from the lawsuit influence their decision regarding his license application and thereby create a situation in which Mr. Honma and/or the Commissioners could use their official position to grant unwarranted privileges, exemptions, or treatment for themselves or others. As a result, the Board finds that Mr. Honma and the individual Commissioners have a personal financial stake or interest which could be connected to the outcome of Mr. Jasper's liquor license application and pursuant to Section 20.04 (B) of the Charter should not participate on this matter before the Liquor Commission. 6 Inasmuch as the Board's discussions and deliberations concerning this matter were conducted in a duly noticed open meeting of the Board of Ethics, no redacted version of the Advisory Opinion shall be prepared. With a quorum being present and voting, this opinion was rendered by the Board at its meeting on November 12, 2010, Members present and voting: Concurring: Leila Thompson, Robert Farias, Warren Perry and Paul Well Dissenting: Sally Motta and Mark Hubbard (with dissenting opinion) Abstaining: None Excused: None Board of Ethics: Paul Well,Secretary 7 BOARD OF ETHICS COUNTY OF KAUAI DISSENTING OPINION 1, Mark Hubbard, Vice-Chairperson of the Kaua"i County Board of Ethics, and Sally Motta, Chairperson of the Kaua'i County Board of Ethics, having participated in the review and discussion of a request for an Advisory Opinion dated October 21, 2010, from Liquor Commission members Gerald Matsunaga, Clifford Nakea,Shirley Akita and William Gibson and having obtained the information deemed necessary to make a proper determination regarding the subject request,render this Dissenting Opinion to RAO 10-016 pursuant to Rule No. 5.2 (b), of the Kaua"i County Board of Ethics Rules and Regulations. We do not concur with the majority of the Board of Ethics in its opinion in this matter. It is our opinion that,while we agree that there is a potential personal financial interest by the individual.commission members as a result of the pending lawsuit,this personal financial interest does not conflict with their duties to decide on liquor license applications since those duties do not have a direct Impact on the outcome of the lawsuit. inasmuch as the Board's discussions and deliberations concerning this matter was conducted in a duty noticed open meeting of the Board of Ethics on November 12, 2010, no redacted version of this Dissenting Opinion shall be prepared. Board of Ethics Board of Ethics Mark Hubbard,Vice-Chairperson Sally Motta, Chairperson BOARD OF ETHICS COUNTY OF KAUAI ADVISORY OPINION The Kauai County Board of Ethics (the "Board"), having reviewed a request for an advisory opinion from Mr. Mauna Kea Trask, Deputy County Attorney, on behalf of the County Liquor Commission, and having obtained all the information deemed necessary by the Board to make a proper determination regarding the subject request, renders this Advisory Opinion (RAO 10-015) pursuant to Section 20.05 (D) (2) of the Charter of the County of Kaua'i and Rule 5, of the Kauai County Board of Ethics Rules and Regulations. BACKGROUND By a letter dated October 15, 2010, Mauna Kea Trask, Deputy County Attorney requested that the Board of Ethics render an advisory opinion on the following questions: 1. Is there a violation of the County Code of Ethics if the Liquor Commission, in its official capacity, hears (James)Jasper's liquor application if he is currently suing the County and the Liquor Commission in Case No. 10-1-0187? 2. If there is no violation of the Ethics Code, is there any conflict of interest or other prohibition on the Liquor Commission hearing and processing his application? As a means of providing additional background information, Mr. Trask also submitted four attachments as part of his request letter regarding the actions taken by the Liquor Commission on Mr. Jasper's liquor license application and the subsequent legal proceedings that resulted from the Liquor Commission's denial of Mr.Jasper's application as follows: 1. County of Kaua ! Liquor Control Commission Findings of Fact, Conclusions of Law, Decision and Order dated December 18, 2008, for Application No. 2008-103 (James Jasper 11, dba—Jimmy's Sports Bar). ATTACHMENT 6 2. Fifth Circuit Court Judgment dated March 16, 2009, for Civil Case No. 08-1-0187 (James T. Jasper, 11, Appellant, vs. Liquor Control Commission of the County of Kaua"I, Appellee.) 3. First Amended Complaint for Civil Case No. 08-1-0187; Demand for Jury Trial; Summons dated August 24, 2010, filed in the Fifth Circuit Court (James T. Jasper, 11, Plaintiff, vs. County of Kauai, Liquor Control Commission of the County of Kaua'I, Shirley Akita, Thomas Tokioka, Gerald Matsunaga, William Gibson, Pauline Ventura, Clifford Nakea, Myles Shlbata, Eric Honma, and Margaret Sueoka, Does 1-10, Defendants.) 4. Fifth Circuit Court Order dated September15, 2010, Denying Appellant James T. Jasper, 11"s Motion to Compel Filed on July 26, 2010, for Civil Case No. 08-1-0187 (James T. Jasper, 11, Appellant, vs. Liquor Control Commission of the County of Kaua'l, Appellee.) This request for an advisory opinion originated from a dispenser general liquor license application (application no. 2008-13) for a restaurant/bar type establishment under the name Jimmy's Sports Bar that was filed on June 3, 2008 by James Jasper, 11. After a prolonged hearings process, the County Liquor Control Commission denied Mr. Jasper's application on December 18, 2008 causing him to file an appeal with the Fifth Circuit Court(Civil Case No. 08-1-0187). After the hearing, the Court issued Its Judgment dated March 16, 2009 and found that the Liquor Commission acted in violation of the State statutory administrative procedural rules in denying Mr. Jasper's application. The Court in Its Judgment, vacated the Commission's 2 findings and remanded the case back to the Liquor Commission "for further proceedings consistent with chapter 91, chapter 92 and other applicable law." On August 24, 2010, Mr. Jasper filed another Complaint in the Fifth Circuit Court against the County of Kaua'i and the Liquor Commission, in its official capacity, and various individual members of the Liquor Commission, alleging civil rights violations and other claims under Case No. 10-1-0187. Thereafter, on September 2, 2010 the Court ordered the Liquor Commission to place Mr. Jasper's original dispenser general liquor license application (application no. 2008-13) back on its agenda by October 29, 2010. The Commission complied with the Judge's request and placed said application on its October 7, 2010 agenda. In light of the current legal actions filed by Mr. Jasper against the County Liquor Commission, the Commission at its meeting on October 7, 2010, voted to authorize Mr. Mauna Kea Trask, Deputy County Attorney to seek an advisory opinion from the Board of Ethics prior to proceeding on Mr.Jasper's license application, On November 12, 2010, the Board convened in regular session to consider providing an advisory opinion on the above referenced request. Mr. Trask was present during the Board's deliberations and provided testimony regarding this request. Members of the Board questioned whether Mr. Trask, Deputy County Attorney, had issued a legal opinion and wondered if this matter could properly be brought before the Ethics Board for consideration in the absence of an opinion from the County Attorney's Office. Mr. Trask indicated that he is the legal representative for the Liquor Commission and that no opinions were issued. However, Mr. Trask felt that it was the Ethics Board's responsibility to render advisory opinions regarding possible conflicts of interest pursuant to Section 20.05 D (2) of the Charter. Mr. Trask further explained that he did not intend for the Board to interpret areas of law outside of the County Code of Ethics. 3 The members also questioned whether there were other alternative venues besides the Liquor Commission who could decide on Mr.Jasper's liquor license application in the event that the majority of the existing Liquor Commissioners were determined to have a conflict of interest. Mr. Trask indicated that under State Law (Chapter 281, HRS), the Liquor Commission is the only body that can approve liquor license applications. During the deliberations, the Board was also informed that there is no process for appointing interim Liquor Commissioners who could be authorized to review and take action only on Mr.Jasper's license application. Mona Clark, Deputy County Attorney for the Board of Ethics, stated that she had drafted a written opinion that is currently awaiting review by the County Attorney for release to the Board. Ms. Clark further indicated that Mr. Jasper has not only brought legal action against the Liquor Commission and the County but has also personally sued the Director, Eric Honma, as well as the individual members of the Liquor Commission. Although she does not feel the Liquor Commission, in its official capacity, has a conflict of interest, she believes that Mr. Honma and the various Liquor Commissioners have a personal financial interest in the outcome of the Jasper lawsuit. As a result, Ms. Clark is of the opinion that Mr. Honma and the individual Commission members named in Mr. Jasper's lawsuit have a potential personal conflict of interest and should not be allowed to participate on the liquor license application filed by Mr. Jasper. The Ethics Board also received written public testimony urging the Board to avoid any action outside the scope of its authority and, if considered needed, to seek such supplemental information from the applicants for advisory opinions as would be appropriate to enable the Board to render such an advisory opinion as the Charter might require as to the application of code of ethics terms. 4 APPLICABLE LAWS With regard to this request, the Board considered the following provision of the Kaua'i County Charter in rendering this Advisory Opinion: "Section 20.04 Disclosure. B. Any elected official, appointed officer, employee, or any member of a board or commission 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 organization, 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." (Emphasis added) OPINION Based on the foregoing Code of Ethics provision contained in the Charter and the oral and written testimony provided at the meeting, the Board finds that there is no violation of the County Code of Ethics if the Liquor Commission, in its official capacity, hears and processes Mr. James Jasper's request for a liquor license application. However from a practical perspective, the personal conflict of interest of certain individual Liquor Commission members places the Commission in a situation in which it cannot act on Mr.Jasper's application for a liquor license. Pursuant to Section 20.05 (D) (1) of the Kauai County Charter, the authority of the Board of Ethics is limited to initiating, receiving, hearing and investigating complaints of violations of the code of ethics. Therefore, this opinion does not address whether there are any other laws, regulations or legal proceedings that may prohibit the Liquor Commission from hearing and/or processing Mr.Jasper's liquor license application. 5 Both the Hawaii Revised Statutes and the Kaua'i County Charter, Section 281-17 (1) and Section 16.04 (B) respectively, clearly provide that the Liquor Control Commission shall, "Grant, refuse, suspend and revoke any licenses for the manufacture, importation and sale of liquors." (Emphasis added) Based on the above, it is the responsibility of the Liquor Control Commission to act on license applications for the sale of liquors. For this reason, there is no violation of the Code of Ethics for the Liquor Control Commission to carry out its duties and responsibilities as prescribed by law. Although the Liquor Commission, as a body, does not have a conflict of interest in hearing and/or processing Mr. Jasper's liquor license application, the Board finds that certain individual members of the Liquor Commission have a personal conflict of interest. Because Mr. Jasper has sued certain members of the Liquor Commission individually, it creates a situation where these individual Commission members have a personal liability which is separate and apart from the Liquor Commission. The Board cannot ignore whether this lawsuit has the potential to influence the outcome of Mr. Jasper's application. For example, would an offer by Mr. Jasper to release the Commissioners or grant some other form of reprieve from the lawsuit influence their decision regarding his liquor license application and thereby create a situation in which the Commission members could use their official position to grant unwarranted privileges, exemptions, or treatment for themselves or others. As a result, these individual Commissioners have a financial stake or interest which could be connected to the outcome of Mr.Jasper's liquor license application. 6 if a majority of the Liquor Commission members recuse themselves as required under Section 20.04 (B) of the Charter, the Liquor Commission would not be able to deliberate and/or act on Mr. Jasper's liquor license application. From a practical perspective, the recusal of a majority of the Liquor Commission members creates a situation in which the Liquor Commission would not be able to act on the Jasper license application and thereby inadvertently places the Liquor Commission in a conflict of interest situation. Inasmuch as the Board's discussions and deliberations concerning this matter were conducted in a duly noticed open meeting of the Board of Ethics, no redacted version of the Advisory Opinion shall be prepared. With a quorum being present and voting, this opinion was rendered by the Board at its meeting on November 12, 2010. Members present and voting: Concurring: Leila Thompson, Robert Farias, Warren Perry and Paul Weil Dissenting: Sally Motta and Mark Hubbard (with dissenting opinion) Abstaining: None Excused: None Board of Ethics: i/p—, &/ Paul Weil, Secretary JU 7 BOARD OF ETHICS COUNTY OF KAUAI DISSENTING OPINION 1, Mark Hubbard,Vice-Chairperson of the Kaua"i County Board of Ethics, and Sally Motta, Chairperson of the Kaua'! County Board of Ethics having participated in the review and discussion of a request for an Advisory Opinion dated October 15, 2010, from Deputy County Attorney Mauna Kea Trask regarding the Liquor Commission, and having obtained the information deemed necessary by us to make a proper determination regarding the subject request, render this Dissenting Opinion to RAO 10-015 pursuant to Rule No. 5.2 (b),of the Kaua'i County Board of Ethics Rules and Regulations. We do not concur with the majority of the Board of Ethics In Its opinion in this matter. It Is our opinion that, while we agree that there is a potential personal financial interest by the individual commission members as a result of the pending lawsuit,this personal financial interest does not conflict with their duties to decide on liquor license applications since those duties do not have a direct impact on the outcome of the lawsuit. Inasmuch as the Board's discussions and deliberations concerning this matter was conducted in a duly noticed open meeting of the Board of Ethics on November 12, 2010, no redacted version of this Dissenting Opinion shall be prepared. Board of Ethics Board of Ethics Mark Hubbard,Vice-Chairperson Sally Motta, Chairperson AGENDA April 5, 2012 2. VIOLATION REPORTS: (Contd.) (in) STAN'S SUPER SERVICE, INC.- Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (n) WHALERS GENERAL STORE (Anahola): Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (o) THE WINE SHOP: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (p) KALAPAKI JOE'S, POIPU: Violation of Rule7.1, Number of drinks per person and liquor content of drinks, exception. 3. CHANGE IN CORPORATE OFFICERS: WAL-MART STORES, INC.: Deletion of Tim Farrar, Assistant Secretary, and Charles Holley, Treasurer; change of Karen Roberts' position to Executive Vice President; and addition of Jeffrey Davis, Senior Vice President & Treasurer, Phyllis Harris, Senior Vice President, and Andrea Lazenby, Assistant Secretary. 4. CHANGE OF FIRM NAME: BETTER BRANDS/GRAND CREW WINE MERCHANTS- Change of firm name on Wholesale Dealer General License No. 3G-001 from "Better Brands/Grand Crew Wine Merchants" to "Young's Market Company of Hawaii". 5. NEW LIQUOR LICENSES: (a) 9th ISLAND SPORTS BAR & GRILL: Application No. 2012-95 was filed on March 1, 2012 by 91h Island Bars Inc. dba 9th Island Sports Bar & Grill for a Restaurant General (no live entertainment and no dancing) license located at 4-831 Kuhio Highway, Suite #206, Kapaa, Kauai, Hawaii. Deposited $450. (b) MOTORBOATS: Application No. 2012-97 was filed on March 16, 2012 by Geffert &Apo L.L.C. dba Motorboats for a Restaurant General (live entertainment and dancing) license located at 3490 Paena Loop, Nawiliwili, Kauai, Hawaii. Deposited $450. (c) KAt%AI BEER COMPANY: Application No. 2012-103 was filed on March 28, 2012 by Kauai Brewers LLC dba Kauai Beer Company for a Brewpub (no live entertainment and no dancing) license located at 4265 Rice Street, Libue, Kauai, Hawaii. Deposited $450. 4 AGENDA April 5, 2012 (e) ACTIONS OF THE DIRECTOR: (1) DUDE'S CANOE CLUB: Approval of special request for temporary increase of premises to include the grass area fronting the restaurant, per diagram submitted, on March 25, 2012 from 9:00 a.m. to 8:00 p.m. (2) KAUAI .MARRIOTT RESORT: Approval of special request for temporary decrease of premises by excluding the grass area fronting Duke's Canoe Club, per diagram submitted, on March 205, 2012 from 9:00 am. to 8:00 p.m., and approval of off-premise catering function at the Terrace Restaurant on March 27, 2012. (3) TERRACE RESTAURANT' Approval of special request for temporary decrease of premises by excluding the pool area, per diagram submitted, on March 27, 2012 from 5:30 p.m. to 1000 p.m. (4) THE FERAL PIG: Approval of special request for temporary increase of premises to include the area adjacent to the south front door, per diagram submitted, on March 17, 2012 from 12:00 p.m. to 9:00 p.m. (5) PQIPU TROPICAL BURGERS: Approval of special request for temporary increase of premises to include Poipu Shopping Village common area fronting the restaurant, per diagram submitted, on March 29, 2012 from 5:00 p.m. to 8:00 p.m. (6) PONO MARKET: Approval of special request to conduct wine tasting, per diagram submitted, on April 7, 2012 from 5:00 p.m. to 8:00 p.m. (7) THE WINE GARDEN: Approval of special request to conduct sampling of 6 varieties of wine, per list, on April 28, 2012 from 3:30 p.m. to 8:00 p.m. and as provided for by Rule 2.13(e), exception to sample serving size of no more than 1 ounce of each variety of wine equaling 6 ounces in total per customer is approved. (8) THE WINE SHOP: Approval of special request to conduct sampling of 4 varieties of wine, per list, on March 31, 2012 from 6:00 p.m. to 10:00 p.m. and as provided for by Rule 2.13(e), exception to sample serving size of no more than 11/4 ounces of each variety of wine equaling 5 ounces in total per customer is approved. (9) NANI MOON MEAD: Approval of Application No. 2012-96 filed on March 12, 2012 by Nani Moon Mead, LLC dba Nam Moon Mead for a Special General license on March 22, 2012 at 4-939 Kuhio Highway, Kapaa, Kauai, Hawaii and temporary decrease of premises on March 12, 2012 from 5:00 p.m. to 12.00 midnight. (10) KILOI-LANX Approval of Application No. 2012-98 filed on March 23, 2012 for a Special General license on March 26, 2012 at the National Tropical Botanical Gardens, 3530 Papalina Road, Kalaheo, Kauai, Hawaii. 2 AGENDA April 5, 2012 6. WITHDRAWAL OF APPLICATION: JIM,MY'S SPORTS BAR: Withdrawal of Application No. 2008.103 filed on June 3, 2008 by James T. Jasper 11 dba Jimmy's Sports Bar for a Dispenser General (live entertainment and dancing) license located at 3416 Rice Street, Space #306, Lihue, Kauai, Hawaii. 7. DEFERRED MATTER: REHEARING ON APPLICATION FOR NEW LIQUOR LICENSE — JIMINTY'S SPORTS BAR: Application No. 2008-103 was filed on June 3, 2008 by James T. Jasper 11 dba Jimmy's Sports Bar for a Dispenser General (live entertainment and dancing) license located at 3416 Rice Street, Space #306, Lihue, Kauai, Hawaii. 8. EXECUTIVE SESSION: Update from County Attorney on pending litigation. ADJOURNMENT. EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") §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 H.R.S. §92-4 and shall be limited to those items described in H.R.S. §92-5(a). NOTE: Special accommodations for persons with disabilities are available upon request five (5) days prior to the meeting date to the Department of Liquor Control, Lihue Civic Center, Mo'lkeha Building, 4444 Rice Street, Lihue. Kauai, Hawaii 96766. Telephone: 241-4966. AGENDA KAUAI LIQUOR CONTROL COMMISSION THURSDAY, APRIL 5, 2012, 4:00 P.M. LIHUE CIVIC CENTER, MO'IKEHA BUILDING MEETING ROOM #3 4444 RICE STREET LIHUE, KAUAI, HAWAII CALL TO ORDER. ROLL CALL. APPROVAL OF AGENDA. 1. DIRECTOR'S REPORT (a) INVESTIGATORS' REPORTS. (b) INCOMING COMMUNICATIONS: (1) From Remy Cointreau USA, Re: Brand Registration. (2) From Arrowhead Promotion & Fulfillment Co., Inc., Re: 10 Cane Ultimate Travel Sweepstakes, Dewar's Worth Playing Golf Sweepstakes and Bacardi Oakheart Adventure Contest. (3) From Sweepstakes Consulting, LLC, Re: Clos du Bois Chic Picnique Sweepstakes. (4) From Strike & Techel, Re: Patron XO Cafe Music Sweepstakes. (5) From Cecilio Baliaris, Jr., Re: Declaration of Political Activity. (6) Disturbance Reports from Brennecke's Beach Broiler, Grand Hyatt Kauai Resort & Spa and Olympic Cafe (2). (c) OUTGOING COMMUNICATIONS: (1) Notice of Hearings to Backyards Bar & Grill and Richie's. (2) Disposition of Violation Hearing to Kauai Beach Resort. (d) EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers — See attachment. I ATTACHMENT 7 AGENDA April 5, 2012 (e) ACTIONS OF THE DIRECTOR: (1) DUKE'S CANOE CLUB: Approval of special request for temporary increase of premises to include the grass area fronting the restaurant, per diagram submitted, on March 25, 2012 from 9:00 a.m. to 8:00 p.m. (2) KAUAI MARRIOTT RESORT: Approval of special request for temporary decrease of premises by excluding the grass area fronting Duke's Canoe Club, per diagram submitted, on March 25, 2012 from 9:00 a.m. to 8:00 p.m., and approval of off-premise catering function at the Terrace Restaurant on March 27, 2012. (3) TERRACE RESTAURANT: Approval of special request for temporary decrease of premises by excluding the pool area, per diagram submitted, on March 27, 2012 from 5:30 p.m. to 10:00 p.m. (4) THE FERAL PIG: Approval of special request for temporary increase of premises to include the area adjacent to the south front door, per diagram submitted, on March 17, 2012 from 12:00 p.m. to 9:00 p.m. (5) POIPU TROPICAL BURGERS: Approval of special request for temporary increase of premises to include Poipu Shopping Village common area fronting the restaurant, per diagram submitted, on March 29, 2012 from 5:00 p.m. to 8:00 p.m. (6) POND MARKET: Approval of special request to conduct wine tasting, per diagram submitted, on April 7, 2012 from 5:00 p.m. to 8:00 p.m. (7) THE WINE GARDEN: Approval of special request to conduct sampling of 6 varieties of wine, per list, on April 28, 2012 from 3:30 p.m. to 8:00 p.m. and as provided for by Rule 2.13(e), exception to sample serving size of no more than 1 ounce of each variety of wine equaling 6 ounces in total per customer is approved. (8) THE WINE SHOP: Approval of special request to conduct sampling of 4 varieties of wine, per list, on March 31, 2012 from 6:00 p.m. to 10:00 p.m. and as provided for by Rule 2.13(e), exception to sample serving size of no more than 11/4 ounces of each variety of wine equaling 5 ounces in total per customer is approved. (9) NANI MOON MEAD: Approval of Application No. 2012-96 filed on March 12, 2012 by rani Moon Mead, LLC dba Nam Moon Mead for a Special General license on March 22, 2012 at 4-939 Kuhio Highway, Kapaa, Kauai, Hawaii and temporary decrease of premises on March 12, 2012 from 5:00 p.m. to 12.00 midnight. (10) KILOHANX Approval of Application No. 2012-98 filed on March 23, 2012 for a Special General license on March 26, 2012 at the National Tropical Botanical Gardens, 3530 Papalina Road, Kalaheo, Kauai, Hawaii. 2 AGENDA April 5, 2012 (e) ACTIONS OF THE DIRECTOR: (Contd.) (11) TXIS ANCHOR LLC: Approval of Application Nos. 2012-99 through 2012-102 filed on March 23, 2012 by TMTS Anchor LLC dba same for Transient Vessel licenses on March 25, 2012 aboard the Celebrity Century, on April 24 & September 22, 2012 aboard the Radiance of the Seas, and on September 24, 2012 aboard the Rhapsody of the Seas while docked at Nawiliwili Harbor, Kauai, Hawaii. (12) CULINARY INSTITUTE OF THE PACIFIC AT KAUAI COMMUNITY COLLEGE: Approval of Application Nos. Free 2012-42 and Free 2012-43 filed on March 22, 2012 by the Culinary Institute of the Pacific at Kauai Community College for Free One-Day Special Dispenser General and Free One-Day Special Retail Dealer General licenses on April 13, 2012 at the Kauai Community College Campus Center and adjacent area, 3-1901 Kaumualii Highway, Puhi, Kauai, Hawaii. (f) INFORMATIONAL MATTERS. 2. VIOLATION REPORTS: (a) ABC STORE #59: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (b) CITY LIQUOR, INC.: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (c) _COST-U-LESS: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (d) FOODLAND SUPER M.ARKET-KAPAA: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (e) THE HEALTHY HUT: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (f) ISHII-LARA MARKET: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions (g) KEKAHA MENEHUNE FOOD MART: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (h) MENEHU FOOD MART KAPAHI: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. W KOLOA.,RUM CORP. Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. LIHUE CHEVRON: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. LIVING FOODS MARKET & CAFE: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (1) RAINBOW GAS & MINI HART: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. 3 AGENDA April 5, 2012 2. VIOLATION REPORTS: (Contd.) (in) STAN'S SUPER SERVICE, INC.: Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (n) WHALERS GENERAL STORE (Anahola): Violation of Section 281-78(b)(1)(A), HRS, Prohibitions. (o) THE WINE SHOP: Violation of Section 281-78(b)(1)W, HRS, Prohibitions. (p) KALAPAKI JOE'S, POIP : Violation of Rule7.1, Number of drinks per person and liquor content of drinks, exception. 3. CHANGE IN CORPORATE OFFICERS: WAL-MART STORES, INC.: Deletion of Tim Farrar, Assistant Secretary, and Charles Holley, Treasurer; change of Karen Roberts' position to Executive Vice President; and addition of Jeffrey Davis, Senior Vice President & Treasurer, Phyllis Harris, Senior Vice President, and Andrea Lazenby, Assistant Secretary. 4. CHANGE OF FIRM NAME: BETTER BRANDS/GRAND CREW WINE MERCHANTS: Change of firm name on Wholesale Dealer General License No. 3G-001 from "Better Brands/Grand Crew Wine Merchants" to "Young's Market Company of Hawaii". 5. NEW LIQUOR LICENSES: (a) 9th ISLAND SPORTS BAR & GRILL: Application No. 2012-95 was filed on March 1, 2012 by 91h Island Bars Inc. dba 9th Island Sports Bar & Grill for a Restaurant General (no live entertainment and no dancing) license located at 4.831 Kuhio Highway, Suite #206, Kapaa, Kauai, Hawaii. Deposited $450. (b) MOTORBOATS: Application No. 2012-97 was filed on March 16, 2012 by Geffert &Apo L.L.C. dba Motorboats for a Restaurant General (live entertainment and dancing) license located at 3490 Paena Loop, Nawiliwili, Kauai, Hawaii. Deposited $450. (c) KAUAI BEER COMPA : Application No. 2012-103 was filed on March 28, 2012 by Kauai Brewers LLC dba Kauai Beer Company for a Brewpub (no live entertainment and no dancing) license located at 4265 Rice Street, Lihue, Kauai, Hawaii. Deposited $450. 4 AGENDA April 5, 2012 6. WITHDRAWAL OF APPLICATION: JIMMY'S SPORTS BAR: Withdrawal of Application No. 2008-103 filed on June 3, 2008 by James T. Jasper II dba Jimmy's Sports Bar for a Dispenser General (live entertainment and dancing) license located at 3416 Rice Street, Space #306, Lihue, Kauai, Hawaii. 7. DEFERRED MATTER: REHEARING ON APPLICATION FOR NEW LIQUOR LICENSE — JIMMY'S SPORTS BAR: Application No. 2008-103 was filed on June 3, 2008 by James T. Jasper 11 dba Jimmy's Sports Bar for a Dispenser General (live entertainment and dancing) license located at 3416 Rice Street, Space #306, Lihue, Kauai, Hawaii. 8. EXECUTIVE SESSION: Update from County Attorney on pending litigation. ADJOURNMENT. EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") §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 H.R.S. §92-4 and shall be limited to those items described in H.R.S. §92-5(a). NOTE: Special accommodations for persons with disabilities are available upon request five (5) days prior to the meeting date to the Department of Liquor Control, Lihue Civic Center, Mo'lkeha Building, 4444 Rice Street, Lihue, Kauai, Hawaii 96766. Telephone: 241-4966. 5 F I LE D McCORRISTON MILLER MUKAT MacKINNON LLP DAVID J. MINKIN #3639-0 2012 APR 13 PM 2: 15 LAURA S. LUCAS #8909-0 'U JORDON J. KIMURA #9182-0 Ri-j; STATE E 0 F Five Waterfront Plaza, 4th Floor 500 Ala Moana Boulevard Honolulu, Hawaii 96813 Telephone: (808) 529-7300 Facsimile: (808) 524-8293 Attorneys for Defendants SHIRLEY AKITA, THOMAS TOKIOKA, GERALD MATSUNAGA, WILLIAM GIBSON, PAULINE VENTURA, CLIFFORD NAKEA, MYLES SHIBATA, ERIC HONMA, and MARGARET SUEOKA IN THE CIRCUIT COURT OF THE FIFTH CIRCUIT STATE OF HAWAII JAMES T. JASPER, 11, CIVIL NO. 10-1-0187 (Other Civil Action) Plaintiff, STIPULATION FOR DISMISSAL WITH vs. PREJUDICE OF ALL CLAIMS AND ALL PARTIES COUNTY OF KAUAI, LIQUOR CONTROL COMMISSION OF THE COUNTY OF KAUAI; SHIRLEY AKITA; THOMAS NO TRIAL DATE SET TOKIOKA: GERALD MATSUNAGA; WILLIAM GIBSON; PAULINE VENTURA; CLIFFORD NAKEA; MYLES SHIBATA; ERIC HONMA; AND MARGARET SUEOKA; DOES 1-10, Defendants. do Y-it!his i!j CRC o and rrc-c t on in �'.is 26541T 1 ATTACHMENT 8 clerk: STIPULATION FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS AND ALL PARTIES Defendants Shirley Akita, Thomas Tokioka, Gerald Matsunaga, William Gibson, Pauline Ventura, Clifford Nakea, Myles Shibata, Eric Honma, Margaret Sueoka, County of Kaua'i and Liquor Control Commission of the County of Kauai and Plaintiff James T. Jasper. 11, by and through their undersigned counsel of record, hereby stipulate to the dismissal of this action with prejudice, pursuant to Rule 41(a)(1) and 41(c)of the Hawal'i Rules of Civil Procedure, each party to bear their own fees and costs. There are no remaining claims or parties. Trial on this matter has not been set. DATED: Honolulu, Hawaii, DAVID INKIN' LAURA S AURA RA L LUCAS JORDON J. KIMURA Attorneys for Defendants SHIRLEY AKITA, THOMAS TOKIOKA, GERALD MATSUNAGA, WILLIAM GIBSON, PAULINE VENTURA, CLIFFORD NAKEA, MYLES SHIBATA, ERIC HONMA, and MARGARET SUEOKA ICHARD E. WILSON Attorney ttorney for Plaintiff JAMES T. JASPER, 11 James T. Jasper, 11 v. County of Kaua'i, et al.,Civil No. 10-1-018'7, STIPULATION FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS AND ALL PARTIES 2 LLO, JR. MAUNA KEA TRASK Attorneys for Defendant COUNTY OF KAUAI and LIQUOR CONTROL COMMISSION OF THE COUNTY OF KAUAI APPROVED AND SO ORDERED: JUDGE OF THE ABOVE-ENTITLED COURT James T. Jasper, 11 v. County of Kaua'i, et al., Civil No. 10-1-0187, STIPULATION FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS AND ALL PARTIES 3 AGENDA KAUAI LIQUOR CONTROL COMMISSION THURSDAY, MAY 3, 2012, 4:00 P.M. LIHUE CIVIC CENTER, MO'IKEHA BUILDING MEETING ROOM #3 4444 RICE STREET LIHUE, KAUAI, HAWMl CALL TO ORDER. ROLL CALL. APPROVAL OF AGENDA. 1. DIRECTOR'S REPORT: (a) INVESTIGATORS' REPORTS. (b) INCOMING COMMUNICATIONS: (1) From Arrowhead Promotion & Fulfillment Co., Inc., Re: Belvedere Master Class Sweepstakes, Cazadores $1 Instant Redeemable Coupon Offer and Bacardi $2 Instant Redeemable Coupon Offer. (2) From Mandell Menkes LLC, Re: The Burnett's Fast Fan Challenge Sweepstakes. (3) From Sweepstakes Consulting, LLC, Re: Pass the Bottle Sweepstakes. (4) From Hinman & Carmichael LLP, Re: Clos du Val Cheese Promotion. (5) Disturbance Reports from Big Wave Dave's, Ichiban Sushi & Bar (2), The St. Regis Princeville Resort and Trees Lounge. (c) OUTGOING COMMUNICATIONS: (1) Notice of Hearings to Koloa Rum Corp., Lihue Chevron, Living Foods Market & Cafe, Rainbow Gas & Mini Mart, Stan's Super Service, Inc., Whalers General More (Anahola), The Wine Shop and Kalapaki Joe's, Poipu. (2) Findings of Fact to ABC Store #59, City Liquor, Inc., Cost-U-Less, Foodland Super Market-Kapaa, The Healthy Hut, Ishihara Market, Ltd., Kekaha Menehune Food Mart and Menehune Food Mart Kapahi. (3) To Mandell Menkes LLC, Re: The Burnett's Fast Fan Challenge Sweepstakes. ATTACHMENT 9 AGENDA May 3, 2012 (e) ACTIONS OF THE DIRECTOR: (Cont'd.) (9) EASTER SEALS HAWAII: Approval of Application No. Free 2012-46 filed on April 16, 2012 by Easter Seals Hawaii for a Free One-Day Special Dispenser Beer license on June 10, 2012 at the Kauai War Memorial Convention Hall, Exhibit Halls A & B, 4191 Hardy Street, Lihue, Kauai, Hawaii. (10) NANNTILIWILI YACHT CLUB: Approval of Application No. Free 2012-47 filed on April 19, 2012 by the Nawiliwili Yacht Club for a Free One-Day Special Dispenser General license on May 12, 2012 at the Nawiliwili Yacht Club clubhouse, 3070 Niumalu Road, Lihue, Kauai, Hawaii. (11) KAUAI HUMANE SOCIETY: Approval of Application No. Free 2012-48 filed on April 19, 2012 by the Kauai Humane Society for a Free One-Day Special Retail Dealer General license on May 12, 2012 at the Kauai Marriott Resort, Salon A of the Kauai Ballroom, 3610 Rice Street, Lihue, Kauai, Hawaii. (12) KAUAI MARRIOTT RESORT: Approval of special request for temporary decrease of premises by excluding the silent auction area in Salon A of the Kauai Ballroom, per diagram submitted, on May 12, 2012 from 5:30 p.m. to 11:00 p.m. and allow retail liquor sales by the Kauai Humane Society during its fundraising event. (13) MARKS PLACE: Approval of Application No. 2012-104 filed on April 16, 2012 by Contemporary Flavors, Inc. dba Mark's Place for a Special Beer & Wine license on April 28, 2012 at Mark's Place and the parking lot, 1610 Haleukana Street, Lihue, Kauai, Hawaii. (14) MARKS PLACE: Approval of special request for temporary decrease of premises on April 28, 2012 from 8:00 a.m. to 9:00 p.m. (15) MAGICAL CRUISE COMPANY. LIMITED: Approval of Application No. 2012-106 filed on April 17, 2012 by the Magical Cruise Company, Limited for a Transient Vessel license on May 7, 2012 aboard the Disney Wonder while docked at Nawiliwili Harbor, Kauai, Hawaii. (f) INFORMATIONAL MATTERS. 3 NOTICE OF HEARING yl Notice is hereby given that the Liquor Control Commission of the County of Kauai, pursuant to the provisions of Chapter 281., Hawaii Revised Statutes, as amended, will hold a public hearing at the Lihue Civic Center, Mo'ikeha Building, Meeting Room #3, 4444 Rice Street, Lihue, Kauai, Hawaii, on Thursday, July 12, 2012 at four o'clock, p.m., or shortly thereafter for the purpose of considering the application for liquor license set forth hereunder and any protests and objections to the granting thereof, which may be made by any registered voter, owner or lessee of record of real estate situated within a distance of 500 feet from the nearest point of the premises involved in said application to the nearest point of such real estate. Written protests and objections should be filed with the Director of said Department at or before the time of the hearing, but anyone interested may appear in person at said hearing. APPLICATION NO.: 2012-108 APPLICANT: James T. Jasper 11 FIRM NA-ME: Jimmy's Grill PLACE OF BUSINESS: 4-1638 Kuhio Highway, Kapaa, Kauai, Hawaii LICENSE APPLIED FOR: New Dispenser General liquor license. (Consumption on premises with live entertainment and dancing.) LIQUOR CONTROL COMMISSION OF THE COUNTY OF KAUAI WILLLA.',vl GIBSON, Chairman By: ERIC K. HO-NMA, Director ,VOTE.' Persons needing special accommodations should call 241-4966 by July 2, 2012. XI AILED BY: James T. Jasper 11 dba Jimmy's Grill ATTACHMENT 10 AGENDA KAUAI LIQUOR CONTROL COMMISSION THURSDAY, MAY 3, 2012, 4:00 P.M. LIHUE CIVIC CENTER, MO'IKEHA BUILDING MEETING ROOM #3 4444 RICE STREET LIHUE, KAUAI, HAWAII CALL TO ORDER. ROLL CALL. APPROVAL OF AGENDA. 1. DIRECTOR'S REPORT: (a) INVESTIGATORS' REPORTS. (b) INCOMING COMMUNICATIONS: (1) From Arrowhead Promotion & Fulfillment Co., Inc., Re: Belvedere Master Class Sweepstakes, Cazadores $1 Instant Redeemable Coupon Offer and Bacardi $2 Instant Redeemable Coupon Offer. (2) From Mandell Menkes LLC, Re: The Burnett's Fast Fan Challenge Sweepstakes. (3) From Sweepstakes Consulting, LLC, Re: Pass the Bottle Sweepstakes. (4) From Hinman & Carmichael LLP, Re: Clos du Val Cheese Promotion. (5) Disturbance Reports from Big Wave Dave's, Ichiban Sushi & Bar (2), The St. Regis Princeville Resort and Trees Lounge. (c) OUTGOING COMMUNICATIONS: (1) Notice of Hearings to Koloa Rum Corp., Llhue Chevron, Living Foods Market & Cafe, Rainbow Gas & Mini Mart, Stan's Super Service, Inc., Whalers General Store (Anahola), The Wine Shop and Kalapaki Joe's, Poipu. (2) Findings of Fact to ABC Store #59, City Liquor, Inc., Cost-U-Less, Foodland Super Market-Kapaa, The Healthy Hut, Ishihara Market, Ltd., Kekaha Menehune Food Mart and Menehune Food Mart Kapahi. (3) To Mandell Menkes LLC, Re: The Burnett's Fast Fan Challenge Sweepstakes. ATTACHMENT 9 AGENDA May 3, 2012 (c) OUTGOING COMMUNICATIONS: (Contd.) (4) To All Liquor Licensees, Re: Renewal of Liquor Licenses for Fiscal Year July 1, 2012 to June 30, 2013. (d) EMPLOYEES IN LICENSED PREMISES: Managers and Assistant Managers — See attachment. (e) ACTIONS OF THE DIRECTOR: (1) GRAND HYATT KAUAI RESORT & SPA: Approval of off-premise catering functions on May 1 & May 7, 2012 at The Club at Kukui'ula, 2700 Ke Alaula Street, Koloa, Kauai, Hawaii. (2) THE CLUB AT KUKUPULA: Approval of special request for temporary decrease of premises by excluding the Plantation Club on May 1 & May 7, 2012 from 6:00 p.m. to 9:30 p.m. (3) KILOHANA: Approval of special request to alter premises by constructing a bar in The Living Room, per floor plan submitted. (4) MEA INU BAR AND GRILL AND Al ONO CAFE: Approval of special request to alter premises by converting the existing restroom facilities into a service kitchen, adding a unisex toilet facility with a mop closet, and relocating the manager's office to Starbucks, per floor plan submitted. (5) MERRIMAN'S KAUAI: Approval of special request for temporary increase of premises by including the courtyard area, per diagram submitted, on April 25, May 2, May 9, May 16, May 23 & May 30, 2012 from 4:00 p.m. to 6:30 p.m. (6) MONICO'S TAQUERIA: Approval of special request for temporary increase of premises to include the outside patio, per diagram submitted, on May 5, 2012 from 11:00 a.m. to 11:00 p.m. (7) ROB'S GOOD TIMES GRILL: Approval of special request for temporary increase of premises to include the sidewalk and 80' x 24' tented area fronting the restaurant, per diagram submitted, from 6:00 a.m. on May 5, 2012 to 2:00 a.m., May 6, 2012. (8) KAUAI MUSEUM ASSOCIATION, LTD.: Approval of Application No. Free 2012-45 filed on April 16, 2012 by the Kauai Museum Association, Ltd. for a Free One-Day Special Dispenser Beer & Wine license on May 10, 2012 located at the Kauai Museum courtyard, 4428 Rice Street, Lihue, Kauai, Hawaii. 2 AGENDA May 3, 2012 (e) ACTIONS OF THE DIRECT (Contd.) (9) EASTER SEALS HAWAII= Approval of Application No. Free 2012-46 filed on April 16, 2012 by Easter Seals Hawaii for a Free One-Day Special Dispenser Beer license on June 10, 2012 at the Kauai War Memorial Convention Hall, Exhibit Halls A & B, 4191 Hardy Street, Lihue, Kauai, Hawaii. (10) NAWILIWILI YACHT CLUB: Approval of Application No. Free 2012-47 filed on April 19, 2012 by the Nawiliwili Yacht Club for a Free One-Day Special Dispenser General license on May 12, 2012 at the Nawiliwih Yacht Club clubhouse, 3070 Niumalu Road, Lihue, Kauai, Hawaii. 1) KAUAI HUMANE SOCIETY: Approval of Application No. Free 2012-48 filed on April 19, 2012 by the Kauai Humane Society for a Free One-Day Special Retail Dealer General license on May 12, 2012 at the Kauai Marriott Resort, Salon A of the Kauai Ballroom, 3610 Rice Street, Lihue, Kauai, Hawaii. (12) KAUAI MARRIOTT RESORT: Approval of special request for temporary decrease of premises by excluding the silent auction area in Salon A of the Kauai Ballroom, per diagram submitted, on May 12, 2012 from 5:30 p.m. to 11:00 p.m. and allow retail liquor sales by the Kauai Humane Society during its fundraising event. (13) 114ARICS PLACE: Approval of Application No. 2012-104 filed on April 16, 2012 by Contemporary Flavors, Inc. dba Mark's Place for a Special Beer & Wine license on April 28, 2012 at Mark's Place and the parking lot, 1610 Haleukana Street, Lihue, Kauai, Hawaii. (14) MARKS PLACE: Approval of special request for temporary decrease of premises on April 28, 2012 from 8:00 a.m. to 9:00 pm. (15) MAGICAL CRUISE COMPANY, LIMITED: Approval of Application No. 2012-106 filed on April 17, 2012 by the Magical Cruise Company, Limited for a Transient Vessel license on May 7, 2012 aboard the Disney Wonder while docked at Nawiliwili Harbor, Kauai, Hawaii. (f) INFORMATIONAL MATTERS. 3 AGENDA May 3, 2012 2. WITHDRAWAL OF APPLICATION: TNL-XRRIOTT'S KAUAI LAGOONS - KALANIPU'U: Withdrawal of Application No. 2011-75 filed by Marriott Resorts Hospitality Corporation dba Marriott's Kauai Lagoons — Kalanipu'u for a Dispenser General license which was approved on July 7, 2011. 3. NEW LIQUOR LICENSE: JIMMY'S GRILL: Application No. 2012-108 was filed on April 26, 2012 by James T. Jasper 11 dba Jimmy's Grill for a Dispenser General (live entertainment and dancing) license located at 4-1638 Kuhio Highway, Kapaa, Kauai, Hawaii. Deposited $450. 4. DEFERRED MATTER: REHEARING ON APPLICATION FOR NEW LIQUOR LICENSE —JIMMY'S SPORTS BAR: Application No. 2008-103 was filed on June 3, 2008 by James T. Jasper II dba Jimmy's Sports Bar for a Dispenser General (live entertainment and dancing) license located at 3416 Rice Street, Space #306, Lihue, Kauai, Hawaii. 5. EXECUTIVE SESSION: Update from County Attorney on pending litigation. ADJOURNMENT. EXECUTIVE SESSION: Pursuant to Haw. Rev. Stat. ("H.R.S.") §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 H.R.S. §92-4 and shall be limited to those items described in H.R.S. §92-5(a). NOTE: Special accommodations for persons with disabilities are available upon request five (5) days prior to the meeting date to the Department of Liquor Control, Lihue Civic Center, Mo'ikeha Building, 4444 Rice Street, Lihue, Kauai, Hawaii 96766. Telephone: 241-4966. 4