HomeMy WebLinkAbout2012_0810_Agenda_MeetingPacket AS
Kurt Akarrune Members:
Chair Kathy Clark
Calvin Nlurashige
Mark Hubbard Brad Nagano
Vice-Chair Paul Weil
Warren Perry
Secretary
COUNTY OF KAUAI BOARD OF ETHICS
NOTICE OF MEETING AND AGENDA
Friday, August 10, 2011
9:00 a.m. or shortly thereafter
Mo'ikeha Building, Liquor Conference Room 3
4444 Rice Street, Lihu'e, HI 96766
CALL TO ORDER
APPROVAL OF MINUTES
Regular Open Session Minutes of July 13, 2012
REQUEST FOR ADVISORY OPINION
RAO 12-005 Letter dated 7/25/12 from Councilmember KipuKai Kual!'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 it 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 of testimony dated 7/31112 from Council Vice-Chair Yukimura
on whether conflicts of interest existed in actions taken by an officer(s) or
employee(s) of the County.
RAO 12-006 Letter dated 7/24112 from Mark B.L. Marshall, administrator with the
Kaua'i Civil Defense Agency, requesting an advisory opinion as to
whether he has a conflict of interest if he teaches courses for the
University of Hawal'i's National Disaster Preparedness Training Center
for the County of Kaua'i professionally.
BUSINESS
BOE 2012-15 Memorandum dated 7/16/112 from Council Chair Jay Furfaro requesting
the Board of Ethics to conduct an investigation of the P.O.H.A.K.U.
,-,a
Program (County Council Open Session Minutes and other resource
information on file with the Office of Boards & Commissions)
An Equal Opportunity Etnployer
DISCLOSURES for review and examination by the Board of Ethics
a. Jo Shimamoto (Salary Commission)
b. Kai Lawrence (Deputy Prosecuting Attorney)
c. Charles Foster(Deputy Prosecuting Attorney)
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
ES 24: Executive Session Minutes of July 13, 2012
Pursuant to H.R.S. §92-4 and H.R.S. 92-5 (a) (2) and (4), the purpose of this executive session is
to consider the evaluation, dismissal or discipline of an employee or officer of the County in
which charges have been alleged against an employee or officer where consideration of matters
affecting privacy will be involved; provided that if the individual concerned requests an open
meeting, an open meeting shall be held; and to consult with the Board's legal counsel on issues
pertaining to the Board's and the County's powers, duties, privileges, immunities, and/or
liabilities as they may relate to this item, deliberate and take such action as appropriate.
ES-25: Consultation 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 a Declaratory Order under the Board's
Rule 10 for the resolution of complaints filed with the Board
ES-2: BOE 11-003 Letter dated 11,1115111 requesting the Board of Ethics to initiate an
investigation into an allegation that an employee or officer of the County
has improperly used County resources
a. Resolution 2011-1, adopted January 13, 2012, defining the scope for an
investigation into an allegation that an employee or officer of the County
has improperly used county resources (ongoing)
ES-3: BOE 11-004 Complaint dated 11/28/11 alleging that an employee or officer of the
County has improperly disclosed information and used their position to
secure a benefit, privilege or exemption for themselves or others
a. Resolution 2011-2. adopted January 13, 2012, defining the scope for an
investigation into a complaint alleging that an employee or officer of the
County has improperly disclosed information and used their position to
secure a benefit, privilege or exemption for themselves or others (ongoing)
2 1 111 L;
Board of Ethics--August 10, 2012
ES-7: BOE 12-001 Complaint dated 1/12.'12 alleging that an employee or officer of the
County is operating a private business in conflict with their position with
the County of Kaua'i
a. Resolution 2012-3, adopted March 9, 2012, defining the scope for an
investigation into a complaint alleging that an employee or officer of the
County operating a private business in conflict with their position with the
County of Kaua'I (ongoing)
b. Motion for Production of Complaint and Resolution,No. 2012-3, to
Quash Subpoena Duces Tecum issued June 27, 2012 and/or for Rejection
or Dismissal of Complaint
ES-8: BOE 12-002 Letter dated 2/1,'12 requesting the Board of Ethics to initiate an
investigation into an allegation that an employee or officer of the County
has improperly used County property for other than public activity or
purpose
a. Resolution 2012-1 amending Resolution 2011-1, adopted March 9,
2012, defining the scope for an investigation into an allegation that an
employee or officer of the County has improperly used county resources
and or County property for other than public activity or purpose (ongoing)
ES-15: RAO 12-002 Request for an opinion from the Board of Ethics dated 5113/12 as to
whether conflicts of interest exist in actions taken by an officer(s) or
employee(s) of the County.
a. Written testimony dated 618112 as presented to the Board of Ethics at its
June 8, 2012 meeting
ES-16: BOE 12-004 Complaint dated 5,:10,`12 alleging that an employee or officer of the
County is improperly using County property for other than public activity
or purpose(on-going)
ES-19: BOE 12-006 Request from an employee or officer for an opinion from the Board of
Ethics dated 6/8/12 as to whether conflicts of interest exist in actions taken
by another officer(s) or employce(s) of the County(deferred to 8/10/12)
ES-20: BOE 12-007 Complaint dated 6/12/12 alleging that an employee or officer of the
County improperly disclosed information not available to the public and
acquired in the course of their official duties (on-going)
ES-22: BOE 12-008 Complaint dated 7t`6/12 alleging an employee or officer's bias or prejudice
on an on-going matter in which the employee or officer is required to take
official action, (deferred to 8/10/11)
3 111 a g e
Board of Ethics—August 10, 2012
RETURN TO OPEN SESSION
Ratify Board of Ethics actions taken in Executive Session for items:
ES-14, ES-24, ES-2, ES-3, ES-7, ES-8, ES-15, ES-16, ES-19, ES-20, ES-
22, and ES-25
ANNOUNCEMENTS
Next Meeting- Friday, September 14, 2012 —9:00 a.m., Mo'ikeha Building, Liquor Conference
Room
ADJOURNMENT
NOTICE OF EXECUTIVE SESSION
Pursuant to Hawaii Revised Statutes §92-7 (a), the Commission may, when deemed necessary,
hold an executive session on any agenda item without written public notice if the executive
session was not anticipated in advance. Any such executive session shall be held pursuant to
FIRS §92-4 and shall be limited to those items described in FIRS §92-5(a).
c: Mona Clark, Deputy County Attorney
PUBLIC COMMENTS and TESTIMONY
Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours
prior to the meeting indicating:
1. Your name and if applicable, your position/title and organization you are representing;
2. The agenda item that you are providing comments on; and
3. Whether you will be testifying in person or submitting written comments only.
4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please
provide 10 copies of your written testimony at the meeting clearly indicating the name of
the testifier; and
While every effort will be made to copy, organize and collate all testimony received, materials
received on the day of the meeting or improperly identified may be distributed to the members
after the meeting is concluded.
The length of time allocated to persons wishing to present verbal testimony may be limited at the
discretion of the chairperson or presiding member.
Send written testimony to:
Board of Ethics
Attn: Barbara Davis
Office of Boards & Commissions
4444 Rice Street, Suite 150
LThu'e, HI 96766
Email: bdavis(d-1kauai.gov
p
Fax: 241-5127 Phone: 241-4919
4 P
e
Board of Ethics—August 10, 2012
Mr-dall
SPECIAL ASSISTANCE
!{you need an alternate fonnat or an auxiliary aid to participate, please contact the Boards &
Commissions Support Clerk at 241-4919 at least fife ( working days prior to the meeting.
5 1 f
Board of Ethics—August 10, 2012
DIR�A�F�T '@A I Iro TNO4 Rig
. p
COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
BoardlConirnittee: BOARD OF ETHICS Meeting Date I July 13, 2012
_T_)catioW_-Mo'ikeha Building, Liquor Conference Room 3 Start of Meeting: 9:00 a.m. 111-11-Endol'Meeting: 12:10 p.m.
Present 6-mirKurt Akanime; Vice-Chair Mark Hubbard; Secretary Warren Perry; Members: Kathy Clark (exited at 11:46 a.m.); Calvin
Murashige; Brad Nakano; Paul Weil
Also- Deputy County Attorney Mona Clark; Boards & Commissions Office Staff. Support Clerk Barbara Davis; Administrator Paula
Mortkanii,; Administrative Aide Teresa Tamura
Public Member: Rob Abreu
TX-Cused
Absent
SUBJECT DISCUSSION ACTION
Call To Order Chair Akanime called the meeting to order at
9:00 a.tri. with 7 members present. The Chair
stated that if there were no objections he would
like to amend the agenda to go into Executive
Session immediately following the approval of
the Minutes to accommodate testifiers present at
the meeti
Approval of Regular Open Session Minutes of June 8, 2012 Mr. Perry moved to approve the minutes as
Agenda circulated. Mr. Hubbard seconded the motion.
Motion carried 4:3 (abstentions, Clark,
Muras Well)
Request for RAO 12-003 Email dated 6113112 from Councilmember KipuKai Kuah'l
Advisory withdrawing his request for an advisory opinion as to whether lie has a
Opinion conflict of interest if he participates in County Council agenda items as
relates to the Office of the Prosecuting Attorney's VOCA program, and the
Office of Economic Development. Request to be resubmitted to the Board
of Ethics for the Angnust 1.0 meeti Mr. Weil moved to receive the email cited in the
L 6
Board of Ethics
Open Session
July 13, 2012 Page 2
SUBJECT DISCUSSION
ACTION
agenda and—order-Tt-fi-1—ed-.Mr. P`er-ry seconded--
the motion. Motion carried
Executive Deputy County Attorney Mona Clark, read the
Session f-lawai'i Revised Statutes as described on the
agenda that would take the Board into Executive
Session for items FS-"17, ES-21, ES-2, ES-3, ES-
7, ES-8,
As a member of the public, Mr. Abreu asked that the first two items on the ES-I 6, ES-1 8, ES-1 9, ES-20 and ES-22.
Open Session agenda be finished before the Board went into Executive
Session so he would not have to come back to the meeting in a couple of
hours.
Chair Akarrime said lie announced at the beginning ol'the meeting that the
agenda would be amended.
Mr. Abreu, said he was there for one of two items that the public could
attend. If the Board goes into Executive Session it could last 8 to 12 hours
and he would have to come back to address the agenda items. It would
only take another 10 to 15 minutes to finish the Open Session agenda.
Chair Akamine admitted his point was well taken but it is at the Chair's
discretion and the Board's concurrence to amend the order of the agenda
given the items on the agenda, C,hair Akamine extended his apology to Mr.
Abreu. Mr. Perry moved to go into Executive Session at
9:10 a.m. Mr. Nagano seconded the motion.
Motion carried 5:2 (nay_µ Hubbard, Wci.q.
Return to Open The meeting resumed in Open Session at 11:34
Session a.m.
Ratify Board of Ethics actions taken in Executive Session for items:
--,-.-----,---.----,L_E,,,S'-�7, ES-21, ES-2, ES-3, ES-7, ES-8, ES-16, ES-18, ES-19, FS-20, and 1
Board of Ethics
Open Session
July 13, 2012 Page 3
S'UBJEC7'r DISCUSSION ACTION
ES-22 Mr. Perry moved to ratify the actions taken by the
Board in Executive Session. Mr. Nagano
seconded the motion. Motion carried 7:0
Disclosures a, Shaylene Iseri-Carvalho (Candidate for Prosecuting Attorney)
b, Jane Gray(Historic Preservation Commission)
c, Danita Ain (Historic Preservation Commission)
d. Benjamin Lizama, Jr., (Board of Review)
e. Jimmy Miranda (Fire Commission)
f. Michael Nagano (Fire Commission)
g. Jay Furfaro (Candidate for County Council)
h. Stephen Long (Historic Preservation Commission)
i. Nadine Nakamura (Candidate for County Council)
j. Tim Bytium (Candidate for County Council)
k. Dick Chang (Candidate for County Council)
t Ross Kagawa (Candidate for County Council)
in. JoAnn Yukiniura(Candidate for County Council)
n. I.,uke Ewslin (Public Access, Open Space Commission)
o. Gary Hooser(Candidate for County Council) Ms. Clark exited the meeting at 11:46 a.m.
Rob Abreu asked to discuss a public document, a disclosure that is in the
public domain.
Chair Akarnine explained the Disclosures listed on the agenda were
available for public discussion.
Mr. Abreu said the disclosure lie wanted to discuss was one that the Board
had already approved. fie carne across a document that was not fully true
because the Code says if an addition needs to be made, it needs to be
submitted to the registrar 30(lays after the addition has happened. Mr.
Abreu said he had a letter froni the Moor's Office that the Mayor went an
Board of Ethics
Open Session
July 13, 2012 page 4
SUBJECT DISCUSSION ACTION
a trip to Los Angeles for 4 days and the trip was paid for by a private
corripany,
Attorney Clark said Mayor Carvalho is not one of the people listed on the
agenda so this request would need to be placed on the next agenda.
Mr, Perry explained to Mr. Abreu that under the agenda item
"Disclosures", the Board reviews the different disclosure forms that have
been Submitted to the Board. If Mr. Abreu thinks the Mayor violated the
Code of Ethics and gained a special benefit based on his position or failed
to provide updates to his disclosure as required by the Charter, Mr. Abreu
could file a-formal complaint with the Board for the next meeting.
Mr. Abreu,said if he files a complaint it will be placed in Executive
Session, The Disclosure document is public domain and needs to be talked
about in public, There is no confidentiality here or private issues.
Mr. Perry pointed out that the Mayor's Disclosure is not part of today's
agenda. If a formal complaint is made, the Board is bound by
confidentiality unless the respondent does not want the complaint in
Executive Session, If Mr. Ahren's purpose is to have the information
about the Mayor's possible violation of the Code of Ethics disseminated to
the public this is not the way to do it. Mr. Abreu may get a determination
from the Board that there was a violation but during the course of the
investigation it will not be disseminated to the public. That is the
restriction for the Board, Mr. Abreu is asking the Board to follow the
Charter relative to the failure to disclose and in the same breath he is
asking the Board to disregard other provisions of the Charter.
Mr. Hubbard stated that a Disclosure is a public docurnent. A claim about
Board of Ethics
Open, Session
July 1:3, 2012 Page 5
SUBJECT DISCUSSION ACTION
failure to disclose will be taken in Executive Session.
Mr. Abreu said he had a signed letter saying the Mayor accepted the trip
and that is testimony.
Mr. Hubbard said Mr. Abreu was claiming a failure, which is a complaint,
and the Board would hear it in Executive Session.
Mr. Abreu said lie was following the Code and the Charter and as a
member of the public he was bringing a public docurrrent to the Board with
the signature of the person verifying they did it.
Chair Akatnine said the Board could only discuss items that were given
proper notice on the agenda. Mr. Abreu might have a valid point but it
cannot be discussed under this agenda.
Mr. Neil told Mr. Abreu that he was asking the Board to prejudge the
Disclosure and dance around the Board's own Mules and the County
Charter, which they cannot do. It would not be ethical. The only way the
Board can consider it is as a complaint.
Mr. Abreu said lie brought this to the Board because it is the public's
perception that things are done in the dark. That is why considering this
Disclosure in Open Session along with the supporting documents that state
this happened, the Mayor cannot corns back and say it did not happen.
Attorney Clark stated the Board had to stay on the agenda items.
Mr. ferry said for this to be public, Mr. Abreu would need to file a formal
complaint and have the resacncle rut waive his ri 7h�t tc pr7vacy. That is the
Board of Ethics
Open Session.
July 13, 2012 Page 6
SUBJECT T _ _ DISCUSSION AC'TtON
only way since Mr. Abrt,tr is alleging a violation.
After a brief discussion of what constitutes a complete disclosure, the
Board was reminded that they need to be consistent because they have been
accepting disclosures with blank sections or sections with N/A for some
time now.
Chair Akamine said Disclosures d, f, g, h, and i have listed "N/A". Mr. Perry moved to deern Disclosures d, I; g, h,�
and i complete. Mr. Hubbard seconded the
motion. Motion carried 5:1 (nay---Weil)
Disclosure b, d, e, f, g, h and i had either"none" or"N/A". Mr. Perry moved to deem.Disclosures b, d, e, f, g,
h, and i complete, Mr. I-lubbard seconded the
Mr. Weil said his nay was to those items marked "N/A"but"none" was motion.. Motion carried 5:1 (nay- Weir
acceptable.
Disclosure c indicated "NIA" on sections 4, 5, 6, 8 and 9. Mr. Perry moved to deem Disclosure c complete.
Mr. Hubbard seconded the motion. Motion carried
5:1 (nay--Weil)
Disclosure cI contained a blank on section 5 and 9, Mr. Perry moved to deem Disclosure d a .I
complete. Mr. Hubbard seconded the motion
Motion carried 6:0
Mr. Hubbard moved to deem Disclosures c, f, g,
and i through o as complete. Mr. ferry seconded
the motion, Mr. Perry seconded the motion.
Motion carried 5:1 (nay— Weil)
Disclosure li checked that he was a candidate for office, Ms. Davis thou 7ht
Board of Ethics
Open Session
July 13, 201, Page 7
SUBJECT DISCUSSION ACTION
the misunderstanding in checking the right box night be that Mr. bong was
the nominee from the County Council for the Historic Preservation
Commission and why he thought he was a Council candidate. Mr. ferry moved to deem Disclosure h as
complete. Mr. Hubbard seconded the motion.
Chair Akamine cautioned the Board about knowingly seeing an error.
Motion carried 6:1 (nay—Akamin
Announcrrxm is Next Mcettrr� pl rrclay, August 1(1, 201?
_ �.. .__..___.__.._
dJourn ent Chair Akaminc adjourned the meeting at 12:1
Submitted by: _ Reviewed and Approved
Barbara Davis, Staff Support Clerk Kurt Akamine, Chair
( } Approved as is.
{ ) Approved with amendments, See minutes of. .__w__ meeting.
o
COUNTY COUNCIL 'S °
f ;�, ,��� ,+I- , OFFICE OF THE COUNTY CLERK.
Jay Furfaro,Chair
JoAnn A. Yukimura,Vice Chair t r Ricky 4atanabe, County Clerk
Tien Bynum Jade K.Fountain-Tanigawa,Deputy County Clerk
Dickie Chang
KipuKai Kuali`ij.' Telephone(808)24I-4I88
Nadine K.Nakamura c F Fax (808)24I-6349
Mel Rapozo Email cokcouncilza kauaij ov
Council Services Division
4396 Rice Street, Suite 209w, l
Lthu'e.Kauai,Ilawai'i 96766 =£
July 25, 2012 u
1. 1
Kurt Akamine, Chair, D =i ,,,j N
And Members of the Board of Ethics
County of Kauai
c/o Office of the Boards & Commissions
Lihu`e, Hawaii, 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 YW,CA and my duties as a
member of the Kauai County Council.
Section 20.04.B. of the Kauai 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 YNNTCA. :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 NINTA is the NINICA's general
operating funds and is not linked to any funding sources of the County.
AN EQUAL OPPORTUNITY EMPLOYER
Kurt Akamine, Chair, and of Ethics
July 25. 2012
Page 2
1 am not on the YNVCA Board of Directors, nor am I the Executive Director. I
do not make any policy or financial decisions for the YNNCA. I do not manage the
affairs of the YNNCA or exercise control over its officers. Although I am only an
employee of the YNNICA, I have recused myself in the past from any matter directly
or indirectly related to the YNNVCA 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 ease 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 ease 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 ('OCA) that historically has included some level of funding to the
YWCA. 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.
KipuKai Kuali*1
Councilmember
Kaua'i County Council
CNN it
Attachment.
AN EQUAL OPPORTUNITY EMPLOYER
A 'z
JOB DESCRiPTION
Position Title- Director of Operation's
Responsible to: Executivc Ulircc"'Or
cl; s sif lcatiolr R-01 Time Ex;'Tr pi
Hours of V'ork: Based Upon Department seeds
Salary Range:
The Position:
Reporting to the Exer-11tive 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
vvttbin the agency, which inchude but not limited to;ilut ian Resources, Insur=ce o a envy, Supervision of
Camp Sio!vett, Supervision ofImilependent Contractors, Volunteer Coordination, 1T coordination,3riventory of
agency equipment and property.
Qualirications:
1. Person should be sympathetic with the YWCA mission and programs.
I D School diploma`G.E.l3. College in business Administration ii�istratiori 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
Hinman Resources.
4. Advanced com uter shills in Microsoft Nord,Publisher, Access and Excel.
5. Education and experience background must demonstrate rood 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.
?. Ability to supervise staff and independent contractors.
The ability to work in culturally diverse environments.
. csponsibities.
1. ian2g:e and oversee Camp Sloggett including-,Contrator RFP, Site Caretaker(s), Compliance
with all Ul NIR regulations, inn ntenznce, events, lease reiie-ovals, and develop any policies or
pros dares as needled.
2, Assist with Shelter issues when requtested.
N"iaintazn and update agency Job descriptions, place classified ads. orientate new personnel and
rTiarage personnel issues as rieeded, R sp nsibie for managing employee benefit package.
4. $#Fork with ETD on a cn v traming plan.
Volunteer 1-0.ordi l tton, receive "olunteer applications, distribute to prograrns, post o1 wet.
6 fanage IT needs; web sites, software, and any other related tcchno ogy-,
4`lana= ac,11 IV in trance,policies, ensure tanei Y'renewals.
.. .,r_ er
3 f "
Assist 4 a h agezacy communications,as needed, may incl dk-; annival report, intemal and external
newsletters, brochures, yQrs, and press releases.
91, Maintain,agency equipment ara proper-ty inventov. Manage egiuipment replacement and
purchasing.
tl. Organize aunud manage agency iiev` Systek i,Blunnan l esouree filling systems, ilt`Pt.�?„1X?g d 2A e
stcirage and file purging- &,r agcncy,
U- assist with special e cnts and other res ur e e C-loprrent.
!2, Coordinate with Director ofFund, Development to T1 s e anz f'r'r(�e�ts a?
COUNTY COUNCIL SOFFICL OF THE COUNTY CLERK
Jay Furfaro,Chair
Jo Nnn A. Yukimura.Vice Chair Ricky Watanabe,County Clerk-
Tim Bynum Jade K. Fountain-Tanigawa,Deptity County Clerk
Dickie Chang
KipuKai Kuali'i Telephone(808)141-4188
Nadine K.Nakamura OF Fax (808)241-6349
Mel Rapozo Email cowcounc-i'll'a g
Council Services Division
4396 Rice Street.Suite 209
U
U1
Llhu'e,Kaua'i,Hawaii 96766
July 31, 2012
BOARDS & Cotvj MISS ION'S
Kurt Akamine, Chair
And Members of the Board of Ethics
c/o Office of Boards and Commissions
County of Kaua'i
Lihu'e, 111 96766
Dear Chair Akamine and Members:
RE: RAO 12-005 Request from Councilmember KipuKai Kuali'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 it 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
I would like to summarize hereunder my points regarding RAO 12-005:
The applicable law is Section 20.048 in the Code of Ethics, Charter of the
County of Kaua'i:
Any elected. . . officer . . who possesses or acquires such interest
as might reasonably tend to create a conflict with his duties or
authority shall make full disclosure to . . . the council, in the case of a
member of the council, . . . at any time such conflict becomes
apparent . . a member of the council is not precluded from voting on
such matter so long as a written disclosure has been made in the
event there is a conflict of interest relating to such matter.
(Section 20.04B, Charter of the County of Kaua'i)
K A A -06 61-
ANT EQUAL OPPORTUN11TY EMPLOYER
Kurt Akamine, Chair
And Members of the Board of Ethics
July 31, 2012
Page 2
The issues before your honorable body are:
1. Whether Councilmember Kuali'l, in his position as the Director of
Operations of the YWCA, which receives discretionary money from the
Office of the Prosecuting Attorney (OPA), had an interest or was in a
situation which might have reasonably tended to create a conflict with
his duties or authority as a Councilmember.
a. on OPA matters before the Council, such as Victim-Witness
(VOCA) moneys and matters -where the YWCA is one of the
recipients of VOCA moneys?
b. on any OPA matter such as OPA's budget hearings and
decision-making before the Council?
2. Where a conflict of interest is deemed to exist.. whether Councilmember
Kuali'i violated the Charter by failing to disclose such conflict of
interest before voting.
1.
La. Whether Councilmember Kuali'i. in his -position as the Director of Operations
of the YWCA, which receives discretionary money from the Office of the
Prosecuting Attorney (OPA), had an interest or was in a situation which
might have reasonably tended to create a conflict with his duties or authority
as a Councilmember on OPA matters before the Council. such as
Victim-Witness (VOCA) grant moneys and matters where the YWCA is one of
the recipients of VOCA moneys?
VOCA moneys to the 'YWCA from OPA almost doubled after a Victim-
Witness counselor paid by VOCA moneys was released by OPA. It would appear
that Councilmember Kuali'i was in a conflict of interest situation re any agenda
item about the Victim Fitness program, and may have violated the Charter by not
declaring such a conflict of interest,
Councilinember Kuali'i argues that he is not a member of the YWCA Board of
Directors, but as NIVICA Director of Operations one of his duties under his job
description is to "coordinate with the Director of Fund Development to write grants
for project, and equipment related to agency operations." Under this duty, it
appears possible for him to be involved in writing the VOCA grant, but even if he is
not, it does indicate that he is involved in and somewhat responsible for, the
financial aspects of the NI-VCA. While his salary is not being paid for by VOCA
grant moneys, if those moneys are somehow cut, moneys may have to be taken from
the General Fund that funds his salary and operations that he oversees.
Kurt Akamine, Chair
And Members of the Board of Ethics
duly 31, 2012
Page 3
The VOCA federal grant moneys which are dispersed by discretion of OPA
are to be distinguished from county moneys appropriated by the Council and Mayor
through the county budget process which go to the YWCA through the Office of
Economic Development (OED). In the case of county monies being dispersed
through OED. Councilmember Kuali'i properly disclosed a conflict of interest and
recused himself from voting on the appropriation designated for the YNNTCA. The
OED is basically the administrative conduit for the moneys and not the
decision-making body with respect to the monies in contrast with OPA, which is the
decision-making body as to VOCA moneys
II.
Lb. Whether Councilmember Kuali'i, in his position as the Director of Operations
of the YWCA. which receives discretionary money from the Office of the
Prosecuting; Attorney (OPA), had an interest or was in a situation which
might have reasonably tended to create a conflict with his duties or authority
as a Councilmember on any OPA matter such as OPA's budget hearings and
decision-making before the Council?
I have attempted to demonstrate above how Councilmember KualiTs work as
the Director of Operations of the YWCA involves and is affected by the financial
situation of the YWCA. It is also clear that OPA's funding of the YWCA through
VOCA and possibly other grants creates a financial relationship between the
two bodies.
Each year, the County Council holds hearings and makes decisions regarding
OPA's budget. This would appear to put Councilmember Kuali'i in a position of
conflict, as the possibility exists that someone in his position would be inclined to
give favorable consideration of OPA's budget out of concern for continued or
increased VOCA funding for the YWCA and out of an understandable desire to keep
good relations with the Prosecuting Attorney. (VOCA funding may not be the only
funding that the YWCA receives through the Prosecutor"s Office.) Even the best
person would find it difficult to make a decision on the Prosecutor's budget focused
solely on public interest merits (his job as a Councilmember) and block out any
considerations of his other job.
More than anything else, the answer hinges on how much we believe it is
human nature to not want to offend the "hand that feeds us" and whether you think
that a person in Councilmember Kuali'i*s situation could make decisions regarding
OPA that are totally devoid of any considerations about the relationship between
the YWCA and OPA. Also to be considered is the appearance of conflict and the
impact that it may have on the public's confidence in governmental
decision-making.
Kurt Ak-amine, Chair
And Members of the Board of Ethics
July 31, 2012
Page 4
1 trust your honorable body to hold to the highest standards of ethics
and performance.
2. Where a conflict of interest is deemed to exist. whether
Councilmember Kuali'i violated the Charter by failing to disclose such
conflict of interest before voting.
Your decisions above will determine the answer to the third and final issue.
It is not penalties that I am interested in, but I feel it is imperative that the Ethics
Board make clear that where there is a potential conflict of interest, a
determination by your body and disclosure PRIOR to participation in a decision is
required by the Charter.
Thank you for your consideration of these important issues.
Sincerely,
icANN A. YUKIM101A
ieChair, Kaua'i County Council
o
;
��-
"A 5 July 23, 2012
Mark 0. L. NarShaff
MI O�
z SSI ,
39,3C.D Ka:vna Street Suite 1001
L Xjs)6�;1-2 oaie
To Kauai Board of Ethics,
4444 Rice Street
Uhu'e HI. 96766
Re: This is a request for an "Advisory Opinion" under Rule 5.
My name is Mark Bailey Loo Marshall, I am the Kaua'i Emergency Management Office (KEMO)
in the Kauai Civil Defense Agency. I took this position in January of 2000. As KEMO I am the
administrator of the Civil Defense Agency my supervisor is Theodore "Ted" Daligdig III.
This request being made July 23, 2012. My contact information: see above**
"A statement of the facts and circumstances upon which the Board is making its
determination":
Is there a conflict of interest for me teaching courses for the University of Hawai`i's "National
Disaster Preparedness Training Center" (NDPTC) for the County of Kauai professionally?
I have been hired by NDPTC under a Consultant Service Agreement (cost reimbursable)
contract, administered by "Pacific International Center for High Technology Research (PICHTR)
whose address is 1440 Kapi`olani Boulevard, Suite 1225, Honolulu, Hawaii 96814. A copy of the
full contract is available upon request.
Courses have been delivered to the County of Kauai by NDPTC in the past but I was not one of
the instructors. I divulged to my supervisor that a NDPTC course was requested for Kauai
County and that I had been asked to co-instruct the course but that I would be taking
"vacation" from my County position to do so. He granted my request but asked if I would gain
an opinion from the "Board of Ethics" for future deliveries by me. The Plans and Operation
Officer, Elton Ushio distributes the course flyers and request for interested students to all
Department Heads and various other appropriate partners, for this course, as he does for all
course offerings. The courses will be conducted in the Emergency Operation Center a County
facility.
Thank you in advance for you time in this matter,
Mark B. L. Marshall,
Kauai Emergency Management Officer; Kauai Civil Defense Agency
kA0
SOCIAL 1 • DISASTER
RESPONSE , RECOVERY
1�
y
This course focuses on the use of social media in disaster
preparedness, response, and recovery. Participants are provided
with the knowledge and skills to integrate social media into their i August 3, 2012
current communication plans.The course defines social media and 8:00 am - 4:30 pm
its uses and identifies the tools, methods,and models to properly Lihue, HI 96766
make use of social media.
Social media,when used effectively,can help people communicate LOCATION AND DETAILS:
and collaborate about events as they unfold.Social media can provide Kauai Civil Defense Agency/
rapid and real-time information about events that helps to provide Emergency Operation Center
greater situational awareness leading to better decision making. 3990 Kaana St.,Suite 100
Lihue, HI 96766
This course provides the information and hands-on experience
necessary to help participants begin developing social media disaster REGISTRATION6
plans and strategies.
vt €L a. � . - k, € rozi? 56 _4 iJ '
.
WHO SHOULD TAKE THIS COURSE FOR REGISTRATION ASSISTANCE CONTACT:
This course is targeted for a broad cross section of Elton llshio• u r _, x=
individuals and professionals interested and involved {808}211-1800
in emergency management, planners, as well as
communication and public information personnel. COURSE REQUIREMENTS:
T Participants must bring a Wi- i enabled laptop.
T Participants must create a Twitter and a Facebook account
MODULES prior to attending the course.
✓ Introduction to Social Media 'i Participants must be able to post test messages on these
✓ Understanding the Use of Social Media
✓ Implementing Different Social Media Platforms
✓ Using Social Media to Identify Trends,Monitor,
Qt DPT '
and Conduct Simple Data Mining of Information 828 Fort Street Mail ` Suite 320
Honolulu,HI 96822
✓ Incorporating Advanced Social Media NATIONAL DISASTER phone. 808-956-0600
Monitoring and Data Mining Techniques PREPAREDNESS Fax. 808-536-91 10
TRAINING CENTER
at the UN EIRsI T Y o;H A C` website. ndptc.hawaii.edu
�fMt
1. . • 1'
. . c • . • . .
1 ... dechcared . . . F
the United States and its territories vvith an emphasis on r rn 7:. r a. e t r, A
coastal communities
FEMA
Mark Marshall
From: Elton Ushio
Sent: Monday, July 16, 2012 11:08 AM
To: KCT Dept Head; Bill—Arakaki/KAUAIDO/HIDOE@notes.kl2.hi.us-
'Gail—Nakaahiki/Kauaido/HIDOE@notes.kl2.hi.us'; 'Bal. Dileep G,'; 'Tatra mura, Gerald N.';
'raymond.j.mccormick@hawaii.gov'-I 'Robert Crowell'; 'dennis,l.neves@hawaii,gov",
'donald,l.ouderkirk@hawaii,gov`, 'Galen.K.Kawakami@hawaii,gov'; 'VOADKauai': 'Sue
Kanoho'-, 'mnitta@wilcoxhealth,org'; 'tito.vil1anueva@amr.net'-, 'Rick Whit
(whitr@hawaiiredcross.org)'
Cc: KCT CC-, 'Lydia Morikawa'; LeeAnna Kobayashi; Ashley Bareng; Chelsie Taroc
Subject: Course Announcement: Social Media for Natural Disaster Response and Recovery
Attachments: SM—LIHUE.8-03-12.pdf
County of Kaua'i Departments and State/NGO Primary On-Island Partners:
Aloha!
The Kaua'i Civil Defense Agency is pleased to announce the following free course. Please disseminate as you
deem appropriate:
Social Media for Natural Disaster Response and Recovery
Date/Time: August 3, 2012
8:00 am -4:30 pm
Venue: Kauai Civil Defense Agency
Emergency Operations Center
3990 Kaana St., Suite 100
Lihue, HI 96766
Slots: 40 seats available
A course flyer is attached.
If you or any of your staff are interested in attending, please register online using the link in the flyer, or go
directly to the NDPTC page here: 5
If you are not currently registered with a University of Hawaii login account, please go to the "Login" page and
create one. After that, you will be able to register online.
Please use the following registration code: 89467
If you have any questions or require assistance, please feel free to contact me via email, or call our office
during normal business hours,
Mahalo!
Elton S. Ohio
--------------------------
Plans and Operations Offi cer
Kauai Civil Defense Agency
3990 Kaana Street Suite 100
Lihue, HI 96766
Bus: (808)241-1800
')i :q OP
COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
Jay Furlfaro. (hair
,
JoAnn A, Yukirnura,Vicc ChfAir 4T,
71 Rickv Watanabe Courity Clerk
T
Trin B\TRUTI
Jade E. De])Ut� Coo T� Clerk
"ickie Chaj-'L'
KiPuKai Kuah'i Telephone(8408) '41-4188
Madine k, Nakamiffa Fax (SOS)241-63-19
Me! R'Wouo F'rnall �cent OUACO dkdUili
Council Serf ices Division
4',Q6 Rice Street, Stjite 209
Lihu`e, Kaua'i, Hawai i 96-166
L
%1 F X-1 0 R A N D U \4 2012
,July 16, 2012 11 1 BOARDS C01".JI A'�'1"S S 1 C',t'�-
As Council discussions were held in Open Session, the Office CONFIDENTIAL
of Boards & Commissions has deemed this communication
and its request to not be confidential
TO: Paula Morikami, Boards and Commissions Administrator
Kurt Akamine, Board of Ethics, Chair,/
FRON't- Jav Furfaro, Council Chair
RE: REQUYEST TO INXESTIGATE THE, 'U.
As a follow up to mv Jute 3. 2(012 memorandum requesting that the Board of
Ethics ("B.O.E.") conduct an investigation of the P.O.H.A.K.U. Program, I am
attaching, Council Meeting Minutes and other resource information the
review.
Please note that the following Council Meeting Minute,-, have not been
transcri bed as of todav"s data and will be forwarded upon its con :
ipletion
1) June 13, 2012'. and 2) June 27, 2012. Executive session material and material
marked "confindential" is also not included.
Thank you for vour assistance in this matter, should vou have and- further
questions, please feel free to call Christians Nakea-Tresler at 2,11-4191.
CNT/ic
Attachnnents
D: 20112-1092
AN €:4,t1..J,Yi_011TORT11,M]Y PMPLOYEIR
COUNTY COUNCIL too* OFFICE OF THE COUNTY CLERK
Jay Furfaro,Chair A
JoAmi A.Yukimura,Vice Chair Ricky Watanabe,County Clerk
Tim Bynum CO:,, Jade K.Fountain-Tanigawa,Deputy County Clerk
Dickie Chang ci
KipuKai Kuali'i Telephone(808)241-4188
Nadine K.Nakamura OF Fax (808)241-6349
Met Rapozo Email cokcouncil@ykauai.gov
Council Services Division
4396 Rice Street,Suite 209
Lihu'e,Kaua'i,Hawaii 96766
MEMORANDUM
July 3, 2012
TO: ami, Boards and Commissions Administrator
irk Apao, Cha , Board of Ethics
FROM: Jay Furfaro, Council Chair
RE: REQUEST TO INVESTIGATE THE P.O.H.A.K.U. PROGRAM
At the June 27, 2012 Council Meeting, the Council approved Councilmember
Yukimura's request that the Council ask the Board of Ethics ("B.O.E.") to conduct
an investigation of whether violations of the Code of Ethics have occurred in
connection with the creation and operation of the P.O.H.A.K.U. Program and
related matters. Therefore, please accept this as the Council's request that the
B.O.E. conduct such an investigation.
For your convenience, Council Meeting Minutes and various other
information relating to the Council's open session meetings on the P.O.H.A.K.U.
Program will be forwarded to the B.O.E. on Friday, July 6, 2012. Please be advised
that the following Council Meeting Minutes have not been transcribed as of today's
date and will be forwarded upon its completion: 1) May 9, 2012; 2) June 13, 2012;
and 3) June 27, 2012. Executive session material and material marked
"confidential" are also not included.
Thank you for your assistance in this matter. Should you have any further
questions, please feel free to call Christiane Nakea-Tresler at 241-4181.
Thank you for your consideration and for your prompt response.
CNTAva2012-10'9
AN EQUAL OPPORTUNITY EMPLOYER