HomeMy WebLinkAbout2012_0914_Agenda_MeetingPacket Kurt Akarinne Members:
Chair Kattiv Clark
Calvin N—lurashige
Mark Hubbard Brad Na(yano
'`ice-Cl air Paul Weil
Warren Perry
Secretary
COUNTY OF KAUAI BOARD OF ETHICS
NOTICE OF MEETING AND AGENDA
Friday, Septernber 14-201-2
9:00 a,rn. or shortIv thereafter
\-1o'ikeha Building, Liquor Conference Room
4444 Rice Street, Lihu'e. 111 96766
CALL TO ORDER
APPROVAL OFMINUTES
Special Open Session Minutes of August 8, 2012
Regular Open Session Minutes of August I O 1-012
COBI NIUNICATION
BOE2012-15 %lernorandum dated August 6, 2012, fro KipLiKai Kual!'i.
Councilmember, regarding a Possible Conflict of Interest for C 2012-31-3-5
on the August S. 2012, County Council meeting agenda.
BUSINESS
BC E 2()12®16 Consideration of changing Board tunes Ethics' meeting ties to the 3"
Z�
171
Friday of the month, 1:0 or 1:v0 pm
DISCLOSURES for review and examination by the Board of Ethics
a. Jo Shirnamoto ('Salary Commission)
b. Kai Lawrence Deputy Prosecuting Attorriev
c, Charles Foster(Deputy Prosecuting Attar ey)
d. 'lei in Rapozo (County Council)
EXECUTIVE SESSION
Pursuant to Hwvai'i Revised Statutes §§92-4 and 92-5 (a) (4), 92-9 (a)(I-4) (b), the purpose of
this executive session is to receive and approve Executive Session minutes and to consult with
the Commission's leaal counsel on issues pertaining to the Commission's and the County's
po-wers. duties, Privileges, immunities, and/or liabilities as thev ma-v relate to tens ;term, deliberate
and take such action as appropriate.
ES-? : Special Executive Session Minutes of AvgustS, 2012
ES 27: Regular Executive Session 'viinutes of August 10, 2012
An L'qual OpI)ortunit'y Eniplover
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 triatters
Z:11 t7 1=1
affecting privacy will be involvcd-I provided that if the individual concerned requests an open
meeting. an open meeting shall be held: and to consult with the Board's le-al counsel oil issues
pertaining to the Board's and the County's powers, duties, privileges., immunities, and,'or
liabilities as they rnav relate to this item, deliberate and take such action as appropriate.
ES-25: Consultation Nvith the Board's le,al counsel on parameters pertaining to
the Board's and the Countv's poxvers, duties, Privileges, immunities,
an(For liabilities as they rnav relate to a Declaratory Order under the
Board's Rule 10 for the resolution of complaints filed Nvith the Board
(ongoing)
ES-2: 130E I 1-00 Letter dated 11 '25, 11 requesting the Board of Ethics to initiate an
investigation into an alle(yation that an employee or officer of the County
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has improperly used County resources
a. Resolution 2011-1, adopted January 13, 2012, definingy the scope for an
investigation into an allegation that an employee or officer of the County
has improperly used county resources (ongoin(1,Y)
ES-3. B 11-004 Complaint dared I L-28/1 I allcoing that an employee or officer of the
County has improperly disclosed information and used their position to
secure a benefit, privilege or exemption for thernselves or others
a. Resolution 2011-2, adopted January 13), 2012, defining the scope for an
investigation into a complaint alleging that an employ=ee or officer of the
County has improperly disclosed information and used their position to
secure a benefit, Privilege or exemption for themselves or others (ongoing)
ES-7: BCE I I Complaint dated 11-1 12 alleging that an employee or officer of the
County is operating a private business in conflict with their position with
the County of Kaua'l
a. Resolution 2012-3. adopted March 9. 2012, defining the scope for an
investigation into a complaint alleging that an employee or officer of the
County operating a private business in conflict�vlth their position with the
County of Kaua'i (om,oini-y)
� 47, -
c. Proposal from Board Member Hubbard as relates to the use of 1,1
Declaratory Order
ES-8: 130E 12-002 Letter dated 2";!,A2 requesting the Board of Ethics to initiate all
investigation into an allegation that an employee or officer of the County
2
Board of Ethics- September 14, 201
has improperly used County property for other than public activity or
purpose
a. Resolution 2012-1 amending Resolution 2011-1, adopted March 9.
Z7�
21012, defining the scope for an investigation into an allegation that an
employee or officer of the County has improperly used county resources
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and or County property for other than public activity or purpose (cauloina)
ES-16: 130E 12-004 Complaint dated 5, 1(Y 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-28: BCE 12-009 Complaint dated 9;' 12 alleging that an employee or officer of the County
iniproperly accepted a gift of travel and lodging
RETURN TO OPEN SESSION
ratify Board of Ethics actions taken in Executive Session for items.
ES-2. ES-3, ES-7. ES-8, ES-16, ES-25, ES-26, ES-27, and ES-28
ANNOUNCE-NTENTS
Next Special Meeting- Wednesday, Septernber 19, 2012 - 8:00 ami., lkleeting Rocar, 2 A/B
N,ext Re-ular 'Meeting: Friday, October 12, 2012 -Time TBD, %-lo'lkeha Building, Liquor
Z71
Conference Room
ADJOURNMENT
NOTICE OF EXECUTIVE SESSION
Pursuant to Hawaii Revised Statutes §92-7, (a), the Commission rnay. when deemed necessary,
hold an executive session on anv aectida item without written public notice if the executive
session was not anticipated in ad-vance. Anv 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 'FESTIMONY
Persons wishing to offer comments are encoura(�ed to submit written testli-nonv t least ?4-hours
prier to the meeting indicating
In
1. Your narne and if applicable, -our position,itit'le and on-,anization you are representing-
The a,.-,eiida-item that you are providing cornincrits on: and
3. Whether vou will be testitvirn,, in person or submitting written coi-firnents, 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
3
Board of Ethics- September 14., 2012
While every effi)rt 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 leng'th of time allocated to persons kvishing to present verbal testimony may be lin-ilted at the
discretion of the chairperson or presiding member.
Send -�vritten testimony to.
Board of Ethics
Attn- Barbara Davis
Office of Boards & Commissions
4444 Rice Street, Suite 15f1
Hhu'e, 111 96766
Email: bdavis6�i,,kauai,gov
Fax: 24165127 Phone: 241-4919
SPECIAL ASSISTANCE
If vou need an alternate format or an auxiliary aid to participate, please contact the Boards S&
Commissions Support Clerk at 241-4919 at least five (5) workingdays prior to the rneetin(I-Y.
4 11
Board of Ethics— September 1 4, 2012
n ni,I
a
COUNTY OF KAUAt
Minutes oil'Mecting
01'E'N SL,SSION SI)FICIAL ME1,"TINCY
-eting D, st 8, 2012 n.D OF E-1111CS Me
Board/Conirnit e IL
Loca on Wikeha 13tdiding, Liqwr Cont'erence Room 3 Start ot'Meefing, 1 :30 [mn� T�,,,rlc Meeting- 1 �53 p_m,
Present ("hair hurt Akamine" Vice-Chair Mark I lUbbM-d', Seeretary Warren Perr - N/lembm, Kathy Clark; Calvin MLirashig e; Brad Nagano;
Y,
Paul WCH
Also: Deputy County Attorney Mona Chark, Boards & Coinmissions Officc Stall': SUPP01-t Clerk Barbara Davis; Adrninistrator Paula
Morikanii; Administrative AidcTercsaT'anmra
Fxcuscd
_
SUBJEC,71' DI S( [T` IC ACTION
,It
Call To Order C'hair Akamine called flic, mccting to order,,.7
. 1 130 p.jn, with 7 mcnlbcr�, �?rc�sent
—-------------------------- ---------------------------
Executive DCj)U1Y COL111ty Attonicy Mona Clark read the
Session I lawail Reviscd Statutes as dcscribcd on the
UgCnds that WOUld takc thc: Board into [Hxccutive
Session t'or item 1,-"S-23.
Mr. Perry mowd to g;ca into I'Acctitive Scssion at
1:3;? pm. i. With i11VitCd gUCStS. Mr, Murashige
scconded flic rnotion. Motion carricd 7:0
Return to Open Thc Inecting rcsumcd in Opcn Session at 1.52 p.m.
Session Mr, Murashigc said that Spccial COUnsel had miticstcd that the hearing of
the Motion to Cornpcl bC C011fillUcd until inowd on,
Ratil'y Board cif' thics actions taken in IAecutive Scssion for iterw 1,,"S-23 Mr, Perry rnowd to ratil'), actions taken in
1"1XCCL1tiVC SCSS1011. Mr. MUrashige sccondcd the
motion. `otion carried ` O
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Announcements NQxt Mccfi�jg, is in 2 days:, f,' st 10, 2012
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C>
Board of Ethics
Open Session
August , 2012 i'Qt c 3
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Adjournment (`(tttir Aka ine at(�jOffttcd ti c t� meting at 1:53
.
Submittcd by: Rcvicwcd and Appreawd by: _
Barbara Davis, StaITSUpport Cicrh Kurt AAamittc°, Chair
Approved as is.
9 F` pptoved with a.mcn(:tments. See minutes of niccting,
or rt 11111 11) 1111
np
ul,rnmij,er
@
n
COUNTY OF KAUAI U
minutcS cat`mccting
OPEN SFSSION
J�, U14,w:Ii.—----
_B_()a7Ird_/Cornmi_ttcc: BOARD OF ETIIICS Meting Da )1 2012
Location Mo'ikcha BUildifIg, Li(JUor Confcrmcc Room 3 Start of Meeting. 9,00 aa.rxa. End ot'Mecting: 12:14 pATI.
f)rescrit Chair Kurt Akarninc, Vice-Chair Mark I lubbard,; Secretary Warren Perry; Menibus: Kathy Clark (exitc(i 11:11 jmn,); Calvin murashige;
Brad Naganol- PaUl Well
Also- Deputy County Attorney Mona Clark; Boards & Comniissions Officc Staff: Support Clerk Barbara Davis- Administrator Paula
Morikaim; Administrativc Aide TcresaTamura
Audicilce Membus: KipuKai Ktiah'i., Councilmember, GIctin Mickcns, Rcnac Hamilton, MCA', JoAnn Yuklumni, Council Vice-
Chair, Jakc Dclaplane, First Deputy Ior the Office of the ProSCCUtIng Attonicy-I Mark Marshall, Adniinistrator with Civil Defensc
Agency; Ken Taylor
Excused
SUBJE,("T DISCL)ISSION AC'I ION
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C'allTo Order Chair Akamine callcd the mecting to order at
9,00 ajii, with 7 i-ricnibus pi-cserit, Chair
Akaminc said ifthm were no objections, he
would hkc to aniend thcagcmia to review the
Disclosures after the EXCCLItIVC SCSSi0II OVIt Of
—------------------- ----__ --------------- ------- rcsjjcct_tor the audience rnembers.
Approval of I�CgLllar OPCII SCSSi0l) MITILItCS Of',ILIIYI 3, 2012 ;/Ir. Perry moved to approvc the millUtcs as
Minutes Cil-CUlated, Mr. I lubbard sccondcd the motion.
Motion carried TO
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Request for R__AQ 12-005 Letter dated 7/25/t2 from Councilqicniberj�j�iuKq�J�A!ql_lj
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Advisory q jq��till Ns�) )'nI
on from the Board ot'Fthics as to wlictlicr lie
Opinion has a conflict ofintucst it'he j?qtfiCIj!atCsjII items
as it relatcs to [lie YWCA ot'which-lie is art-cippi0y, as wall as to rcccnt
Viand fluturc the PT-0S CCLItin&Att)
VOC
�gl-�,,jjp.,and the Office of,Elconomic Qcvcl(� inctit of Which Koala
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Board of Ethics
Open Session
August 10, 2012 Page 2
_ ___.. __ _...._ __._. _ _._._ ..........,,_... _ .__ . _.._..._.,._..
SUIBJEC T ISIS( l.ISSIC.N ACTION
Fund sonde level of the Y 'A's o airis.
a. ?r c o .dettg c3 1/12 Frown Council Vice-Chair hair YUkilt ura on
whether conflicts of interest exr�ted in actions.taken hv_an officer tc ergs or
ertrkiloyl�k�l�c>�4tlrc, t'�,fr.�rzty. _
Mr. wall-i provided the Board with his jolt description, the organizational
chart for the YWCA, and a specific; request rc;g;arding;his participation in
specific funding decisions that the C'ourtty ('orrncil crakes with regard to arty
funding that goes directly or indirectly to the YWCA. Mr. Kualf°i said the
first thing e, did when he got on the Clounty Council, in addition to the
recicrired Disclosure `"statement, was to send an email to all the Boards he
participates, on and the organizations hL works with as a voluntecr or
employee asking very specific questions <:rltout what their relationship is
With the C'otrnty, whether they get any funding frorn the (:'ounty and i f they
do how did that conic about in the past and what flicy anticipate to happcn
in the fixture. When he reviewed the Code of Ethics with help from the
County Attorney, Mr. Kuali`i said his interpretation was that he was not the
Director of the YWCA, he was not the Executive Director, he was riot on
the Board, and lie does not play a role in the funding decisions or the
program decisions. "ilia question would he on the three potential sources
and decisions arade ore the funding;with the Office of Ec;onornie
Dcveloprnerit, which actually provides direct funding; i-oill the OED to the
YWCA for the shelter aril tire sexual assault prog;rartrs as they have year
after year, and as they do to many other different organizations. The
Administration puts those amounts forward and the County Council
approves, denies, c>r adjusts the arttourrts. The other two decisions in tyre
budget are somewhat indirect. One is the Federal nlorties that come
through the State to the Office cif the Prosee.uting Attorney as the, Victim of
C'rintes Assistance grant., `[hat It does marry different thirq�s in the --
Boatel of Ethics
Open Scssion
August 10, 2012 Page 3
SU13JFC T DISCUSSION ACTION
N
Office of the Prosecutor and someone from that office could explain how it
breaks down. For many years some Dart of that grant has gorre; to the
Y ' :"A. In one of tlic documents submitted, there is a letter to the editor
front the Board President E nriko Meyers and the. E;xec,utive Director ofTthe-
YWCA where they talk about the long history of the YWCA being the sole
agency that meets the `Mate's standards in providing these spmalized
services f:sr the Kauai community. It is somewhat of a given that some
funding would go to the YWCA because they are the only providers of
those; specific services when it conies to those grants and VOCA funding.
` e other grant Nvas the Sill'-SIG alcohol prevention grants that go through
Theresa Koki's department for YOUth prevontion Programs, which has run its
sour-se. When the, County C OUnCil looks at the decision on both of those
pieces of funding, the C:`ounty C"r.rt nCil is riot deciding how rrruch rnoney or
whether they should get the rnorrey or trot, The Office of the Prows Uting
Attorney and the drug program go before the County Council to ask-for the
approval to apply for, expend and whelficr they can go after these funds to
supplement the County's funds to provide these programs. "Those are the
three very specific decisions. Mr, Kuril-Pi has reeused himself in each of
those instances when the decision came tip to approve: those funding. Mr.
Kuali`i did not believe; he had to but it is the decision of'the petard to tell
hini if`he has to or not, C:ven if the, Board says he sloes not have to, he may
still do srs because of the perception and the dark cloud that is already out
there. The irdonriation is before the Board as far as what Eris position is.
Mn Kualci said he does not owri the YWCA. There have been other
instances that have been clearer such as Counccilmernber Chang who owns
Wala'au productions and contracts work to publicize County related events
like the Kaua'I Marathon, which is clear and direct, C°ouneilrnember
Rapozo awns MMP Investigations and had a contract where he had some
work directly through the Prosecuting Attorney, Mr, ualt`i again said he
------- _ .., ......_ _(_ is not
does rrcrt...own_the, YWCA, hu.l�...rrcrt art the Eft�ard_c>f tlrc„ YWCA, he
Board of Ethics
Open Session
August 10, 2012 Page 4
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SUBJEC'T DISCUSSION ACTION
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the ExCCLIfive Director ot"the YWCA and lie does not iriakc any of the
decisions as far as how the programs are implemented or funded. Mr.
Kuali'i works there; it is a siriall island and lie has to work sornewhere. Mr.
KualT'i stated that lie loved Iris job on t11Q ("OUIlty COL11161 ".111d WiShCd lie
could do that full trilic but there is no neat job security. The YWCA has
been very flexible in allowing Mr. Kuall'i to do his ("OUlay(70unCil W01-k-
His job responsibilities are in his job description and also listed in the letter
frorri the Executive Director bulleting some of the basic facts,
Mr. Wcd confirmed that Mr. KualN Nvas in a managenmit position which is
the Dircctor of'Operations, Mr, Weil asked if tie managcd ally programs
that rare furided in whole or in part by the County Council; Mr, KUalN
responded no. Mr. Weil asked where the funding comes from for the
activities Mr. Kualf'i rnanages. Mr, KLIal-l'i said tire YWCA is a struggling
non-profit that pieces together tire funding from many, many sources such as
different Federal and State grants, private donations, and fund raising. Mr.
Weil vcritied it, is Mr. KLMITTS statement that norie ol'the programs lie
a dirrinisters are funded in whole or in part through monies frorn the County
('01,11-161. Mr, KLial'f'i said frorn the ("ounty, no. Mr. Kual!'i said he does
not actually administer prograrris. As the Director of Operations lie handles
the human resources function of hiring and assisting the supervisors that do
the hiring and firing and making sure the bcrietits are all right. Mr. Ktial-Pi
said the YWCA has a funding and development Director who takes care of
writing the grants and working with the Board. Mr. KUaIN said he does not
work directly with the Board on programs or policy but more with the
maintenance side. Mr. Weil said lie shares Mr. KUall*i's c(,incern over
appearances and perception. Short of'requiring that he I-CCLISe himself, what
can be done about those perceptions and appearances? Mr. KLiah'i said the
Board's participation in looking at the facts and providing their analysis Of
__t what it all is. Mr. KLIati'i said there is no 111C
guarantee the Board WOUld I
Board of Ethics
Open Session
August 10, 2012 Page 5
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SUBJECT DISCUSSION A(ITION
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the way he would like them to but at least it is all out there. The newspaper
published as lot oftnisinfonnation, so maybe they can put sonic aCCUrate
iul'O1'1T1,1ti()F1 out there, Mr. Weil said since Mr. Kiiall'i has stated that he
has been rccusing himsclfand likely will recuse himself in the future, and
since that has ai substantial effect on public perceptions, why shouldn't he
continUe to recuse himsett'and end all ofthe speculation. Mr. Kuali'i said
the only reason lie was bel'ore the Board is because a fellow COU1161ruellibcT,
put the complaint forward, I Ic probably would have continued to recuse
l�iiiiisell'aiidiioticoftliisNvoul(i Naive beciiiicccssary, lichad no choice but
to conic before, the Board and give all the information,
Mr. Perry said the material the Board has with which to CValUcIte this T'C(lUeSt
is: Mr. Kuali-i's testimony; his July 25, 2012, letter with his written job
description, a letter ot'clarification or position from Vice-Chair Yukirriura
dated July�1, 2012" (a May 17, 2011, letter to the editor firom the Board
President and the F"xccutive Dircctor; a letter dated JUlle 7, 2012, from the
Executive Dircoor of the YWCA along with their organizational chart.
Chair Akainine wanted clarification that the funding for Mr. Kual-ri's
position as Director ol"Operations does not in any part come from funds
provided to the YWCA from tile COUMV. Mr. Kuall'i said that was correct.
Chair Akarnine asked il'the programs that the County funds to the YWCA
havc a shord'all, would operational funds that fund his position then be used
to fund those prograrns, Mr. KLIall'i said he would not know the answer to
that (ILICStion-I lie would have to ask the Executive Director or tile Board.
Chair Akainkic said they also had at letter of testu-nony •om Council Vice-
Chair Yukii-nura,
Glenn Mickcris said he collipletel supports K.� tKai and whatever his role
Board of Ethics
Olsen `session
A o ust 10, 2012 Page 6
_
S U BJ ECT DISCUSSION ( ACTION
is in the YWCA. If he has a conflict, Mr. Mickens said lie was sure it was
not a coraf3ic;t that would give Mr. ICualf'i as personal benefit but what, he
does is for the bcnefit of the YWCA organization. Mr. Mickens said after
watching Mr. Kuaall'i for two years he saw nothing that lie would,ever- do
that woauld have an advantage fear-lairs personally,
Rcnac Hamilton, Director of the Y WCA, refcrenced the written tcstin ony
from Vice-Chair YukirrUiraa and wanted to clarify Under iteraa I earl the second
page where she indicates it czjxjreur.y possible or hire to bc> involved in
writing the VOC A I(Vw at,- that it is riot possible as the YWCA does not write
the VOC'A grant. It is not originated within our agency and never bias. It
always collies through the Office of the Prosc°cuting Attorney, From Ms.
I-lainilton's understanding;, the process is when the Office ofthe Prosecuting
Attorney receives whatever funding they receive they contact the YW(::
Board of Ethics
Open Session
August 1.0, 2012 Page T
_ S BJEC t DISCUSSION ACTION
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IkualN did not recuse hrrnselfand did not make a request for a decision
before he voted on many issues dealing with the Prosecuting Attorney's
Clfficc, Ms. Yukirriurrr personally asked Mr. Euall`i to recuse himself. not
in the public. But whcrr tic.refuse(] to and could not producc, a ruling horn
the Board of fythic;s that is when Ms. Yukirnura asked the Board to
investigate lrc°-cause, under the Charter, the Board is tlae body to make these
dcm—noriations. Ms. Yukimura said Mr. Micken's point that Mr. Kuali"
will do the very hest for the YWCA is the very reason there might he a
conflict of interest. It is not had to be fiar the YWCA but when it might he
in tlae interc°st of the, YWCA to not alienate the Prosecuting Attorney
because they get nraoncy from her or to not talk about the VOC"A. grants
because of the dismissal of`a VOC',A counselor in which tyre rr oncy from
that rnight go to the YWCA, there is a potential fora conflict of interest.
Ms. Yukf naura asked the Board to look at that as the Board is the only one
who will give the answer. Mr, .uali`i is a core part ofthe YWCA's daily
operations. lac is the Director-of Operations. He would have concerns about
the budget and in his job description he has something; to do with grants.
Ile has already said it is a struggling organization; non-profits are
struggling, If they lose money from one place it is a problem tier him as a
Director of Operations or for the core body that ovcrsecs the operations.
His work, the work of the YWCA will he affected and in that respect there
is another interest he has to look out for in his work and that is not wrong,
But when he is also before the CouHlcil and having to do the work of a
Councilnici nher, there could he a conflict of interest. '['lie Board of Ethics is
the bolder of the standards of ethics fiar this County and ethics is a slippery
slope.. If it is not clearly stated that you should recuse yourself and get a
decision from the Ethics body before you make, a decision theta that needs to
be clarified, there needs to he a deter-nination before the decision.
Jake~ D laplGanc, First Deputy I'rosec utira Attt r•ney wantccl to ex >uncl orr a
Board of Ethics
Opel] Session
AU_USt 10, 2012 Page 8
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S U 13,1 E C DISC LiSSION
couple ofthings Dena e I lamilton i-nentioned and to verify the voice of our
agency today. The VOCA funding that goes to the YWCA is severely
restricted. It can only be used I-()r very specific categories like direct victim
services, Mr. Kuali'i has no involvement with that grant process,
Couiroilincrnticr Yukil-nUra nicntioned that it is in his job description to deal
with grants but it is not about the VOCA grant, ure VOCA grant conles
through the Office of the Prosecuting Attorney, We handle that solely
within our agency. Ms. Hamilton stated he has no direct involvement with
that; he has no involvc1rient with those funds at all. Our grant coordinator,
Jarnic Chong, nic, and Prosecutor Iseri-Carvalho are responsible for applying
for those rant funds and it is within our discretion where we send those;
grant Funds. The YWCA is one ot'llic agencies that we do send rrioney to
but Mr. Kuali'i's involvement with that is none. Ile has no involvement
whatsoever, The touchstone in the Charter is that the provision is a
financial interest and Mr. Kuali'i has no financial interest at all in the
VOCA Funding provided tiorn the Prosecutor's Office,
Mr, Weil respectfully suggcstcd it was riot just a financial interest, it goes
far beyond that to any benefit and asked Mr. Delaplane not to restrict it in
that fashion, Mr. Delaplane thanked Mr. Weil I'm,that corarnent and said
that was why he worlicd it as the touchstone saying lie thought that was one
of the central areas but ot)viously there are other considerations,
Ms. Yukiinura wanted to point out that in her first submittal to tile Board
she showed the VOCA grant monies that changed by decision of the
prosecuting Attorney and gave extra nioney to the YWCA. Through the
disinissal ot'a VOCA position, that nioney doubled tile 11loney that flic
YWCA received.
I lanlilton responded to Ms, Yukimura s in that lon-before there was
Board of Ethics
sthics
Open Session
August 10, 20 t 2 Page 9
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SUBJf.C."I' DISCUSSION ACTION
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an EAcc°utive Director and through marry Administrations, the YWCA
received additional funding for many years. The rcason they cficl not ;et
other-grant funding is because they have worked with the Prosecuting
Attorney's t::t4.ice for many }rears. Often, at the end ofthe fiscal ycarrt,,
whoever- was managing the grant in the Office of the Prosecuting Attonic;y
would tell the YWCA that they had additional rnoncy that could be
expendcd and asked if the YWCA could use the extra funding. There is a
Ion Iong history in YWCA books which are public record of where the YWCA
has gotten additional money through the Office of®the Prosecuting Attorney
VOC"A funds. It is not out «f the ordinary.
Chair Akarrrine. asked if the additional funding they have received thrcaugh
the Office of the prosecuting Attorney was spc6fically for VOCA funding,
Ms. Ilanxiihon said it is VOC:`A funding; that is the only funding the Y'WC'A
gets through that office.
Mr. KLIZAIN had two comments f >r•the Board. As far as grants at fhe
Y"WC:'A, as a Director of'Operations he is responsible for the facilities such
as Camp Sloggett which is old and Rai down and for example had to replace
the wood burning stave. In his interest in taking care; of the property he may
go to the fund development director and say he needs a $5,000 or$t ti,000
grant lout that is his only involvenrent,- not for the funding of hrograrrrs grid
services. As far as being a core part of the YWCA in the sense of the
struggling non-profit and needing funding, that is the role ofthe Executive
Director and the Board, and perhaps the funds development. Mr. KWIN
plays no role in that. As arr employee and as a community member he warts
all of the non-profits to bc; successful in finding different funding so they
can provide the services. Mr. Hubbard moved that the Board find that
C ounerlmerrrbcr Kuah'i does have a conflict of
___..._...L _.._ __ _�,. ___.,� _ .- ____.__ __ _. _.. interest with regard to matters care the Kaua"r
Board of Ethics
Open Session
ALagust 10, 2012 Page 10
_. ------------ -- _. ...
°atJl JEC"°I' DISCUSSION SION A("FION
C:`ocrsaty C oLrncrl's agenda relating to 011A
VOCA funding or the appropriation to Office of
Economic Development, Simultaneously
Mr. ferry asked the maker of the motion if the reason tor this was based on seconded by Mr. Murashige and Ms. Clark.
the YW(:`A getting; a special henefit or privilege.
Mr. I lubbard responded rcsponded that contrary to what Ms. Hamilton or-
Courrcilrnember Kuali i say, it is his behe.f that any action that the C:ourrty
Council takes to increase or to allow going for a VOC, grant, sonic of that
interest sloes flow to the YWCA. Even though C`our�rciln�rerraber Kuali"i does
not receive that pay, as an employee of the "YWCA there is benefit; it is
indirect, Mr. Hubbard said lie normally is not too excited about indirect
benefits but in this ease Mr. Kuali`i is an employee and while he doesn't
rra<ake clec Isis>aas with regard to the grants, he felt there is a conflict.
Mr. Weil added to those remarks that the perception givers by the fact that
the Councilraaember is in a management type position breeds the perception
in the public's mind of a conflict, The Board should protect the
C'carrraeilrtrember and the agency against negative public perceptions, that is
one Ofour jobs and Mr. Weil concurred with Mr. Ilubbard.
Mr. Gerry looked at the Charter and said they were dealing with 20.02 l
(uses official position to secure ra special benefit, privilege, or exemption fiar
himself or others) or 20.04 B (an elected official who possesses such
interest as might reasonably tend to create a conflict with his dLrties or
authorities), from Mr. ferry's perspective, whatever decision is made today
falls in lure with those two prcavisious; special privilege or benefit or
reasonably creates a conflict of interest, It seerras a little bit on the
attenuated side beeaLisc° you have an employee, not a director as fits under
our RLrlcs and that is what the testirnony has been so far and evidence we
Board ofFthics
Open Session
August 10, 2012 Page I I
—---------------- ------------------------------ ----------
SURIFC7 DISCUSSION ACTION
——------------------------.......... ......—-------- ------ ------ --------......
have in our materials tor today's ineeting. You have an employee who is
also as member ofthe ("OLIlIty Council who votes on budget items 1'()r the
0111CC Of the PFOSCCLIting Attorney. The Office ofthc Prosecuting Attorney,
as one of its badger items, has funding to this employcc's employer and
none of the f1inding goes to this employee or the prograrri that he supervises
for his employer. [t'given all those facts it boils down, to a special benefit or
privilege or it can be reasonably interpreted as interfering with his official
ditties as a ('01,111ty Councilmember, then I am for it but I want to irlake sure
the Board says it fits where it is supposed to fit,
Mr. Murashige said it did not bother him that Mr. KLIulN is not a managing
director. The fact that any elected official who is an employee of all
organization that needs benefit is sufficient to bring it within,the Code of
Ethics. Mr. MurashlgQ Would not go as high as to say a director or
managing director, it can just be an employee that can see a benefit
indirectly going toward the conipany he or she works for,
Mn Weil added to Mr. Murashige's comment and poirited out that Mr.
Kuali'i is more than an employee, he is as mariager and lie supervises
prograrns which was the swing thing for Mr. Weil.
Mr, Perry said in §20 04 13, there are threc or four different things to
consider. Number one. possesses or acquires such interest as might
reasonably tend to create a conflict with his ditties or authority. Does Mr.
Ktiali'i have that interest that might reasonably tend to create'? Or
(ciriphasis placed) who is an owner, officer, CXeCLAIvc director or director of
,in organization and Mr. Perry did not think they had that as Mr. Kual!'i is
air employce, That is for the first part. Or (emphasis placed) whose rrierriber
ot'his immediate family, which includes parents, siblings, spouse or
children, is Lin owner. officer executive director or director of an
---—------- —---------
Board of Ethics
Open Session
August 10, 2012 1"ag;e 12
- - --------------------- - —------- _ ..
_.... SUBJECT _ _ _ _. —----_ _ _...__.
oq:,,aniration, Mr, KualPi just being an employee Calls under the first
portion of that provision, The real determination is as an employee, dotes
he possess such interest as might reasonably tend to create a conflict with
his duties or authority. If it is all of the members' positions that reasonably
tend to create a conflict, then Mr. Perry would not have a problem but fi'carxa
his perspective that is a little: attcmiatcd.
Chair:Akamine asked Im- clarification that Mr. Perry was saying as an
employc e, that lie may receive a benefit or may bcnefit. Mr. Perry said nor;if`
they were going to go under that provision that Mr. Kuala"i possesses or has
acquired such interests as might reasonably tend to create:; a conflict with his
duties or authority as a C."ouncilrr ,enibcr, given all the discussion, Nlr. Perry
thought that was wlre,re the Board was at. Maybe not a special privileg=e or
benefit undet.20,02 but just a conflict: under 20. 4 B. Roll C"all. Clark - Aye; Hubbard Aye-,
Murashige--- Aye;; Nag;ano Aye; Perry -Aye;
Weil - Aye; Akam%ne - Aye;
Motion carried `7:0
_ _._._.
RAO 12-006 Letter dated 7/24112 from Mark. B.L. Marshal adilin"asttator
with the RM'r.0 ivil Del-ense Agei��y�t_c c e�titt�att <tdy�isc�� c��lirt�<«st "S to
whether tic has a conflict of interest if rtltc tcaches courses for the t.aniveersity
offlawaiTs National Disastcr PreF redness Trau irt�eFtrter for dyc C ounty1
e ,R a g °i r cat tssional.]
Mark Marshall said his job title was Emergency Management Officer f()I-the
Agency of Civil Defense. I-[e is a permanent civil servant with the County
cif Kaual and has been in that position since January 2000. These cOurse;s
have been taught, not by him, to the County of Kauai III the bast. Carl Kira,
the Director of the National Disaster Preparedness Training; Center, asked
Mr. Marshall to be an itrsn'uctear. Mr. Marshall has taught this course
Yx _. _` �f .iven
iaat�c�ra<a .. , which �^, �a cadre of courses hers certified to teach
Board of Ethics
Open Session
August 10, 2012 Page 13
------------ ---------- ......
SUBJECT DISCUSSION ACTION
—----------------------- --------- ---------- ------------------ --------------—------------------------------------
expertise in emergency managcnient. As an employee, whell he docs teach
for the County lie takes vacation for that time period so as not to be paid by
two sources. Mr. Marshall said he was asking for an opinion From the
Board that he could continue to teach these COL41-SCS to the County of K,,1Ua'i.
N/Ir, FlUbbard asked if Mr. Marshall was an exempt salaried employee for
the County, Mr, Marshall said laic StatLIS is all CXCI'Tipt irianager 5 (EM 5)
which allows him to receive overtime. "I'l-te only thing that requires his
exemption is under Civil Service rules overtime is voluntary; in his case it is
not voluntary and he can be disciplined for not accepting overtime. He is
paid overtune. Mr. flubbard noted that Mr. Marshall had taLlght courses
nationally and asked if lie had not taught courses before to the County
employees, Mr. Marshall said on AUgUSt 3 lie taught social media in
disaster preparedness and response to the County professionally. He
received perrnission from his supervisor and disclosed lie would be taking
vacation f'Or that (lay. They routinely have offerings such as this and the
Plans and Operations Officer, Elton Ushio, is the ()Ile that la advcrtiscs the
COUSCS tea t11C COURty SnIfE The delivery to the participants is free. These
are FEMA (Federal F"mcrgency Management Administration) monies that
go to the consortium at the University of Hawai'i. Mr. Hubbard asked if`Mr.
Marshall also look vacation when Ile taught the courses nationally. Mr.
Marshall said ycs. Mr. Hubbard asked if lie paid on his own to be certified
to do this training. Mr. Hubbard said you take the basic course through the
University of flawai'i arid pass with a score high enough to warrant
certification as an instructor and then you teach back that course. They are
al,ways taught in cadres of two instructors and you get evaluated and then
certified. Mr. I lubbard asked if Mr. Marshall COUICI teach the course as a
County employee and not take vacation. Mr. Marshall said lie assumed he
could do that, Mr. Hubbard asked if lie were Paid overtime would he be
—----------------
Board of Ethics
Open Session
August 10, 2012 Page 14
SUBJECT DISCUSSION ACTION
----------------------------------------- ----------------------------------
paid more than lie gets from U11. Mr, Marshall said no; deliveries are
typically 8 hours so there is rarely any overtime involved,
Mr. Perry asked who taught the course on August 3, 2012, Mr, Marshall
said Bert Luni and he taught the course and Mr. Marshall took vacation that
day snider a cowract with the University of flawai'i. Mr. Perry said relative
to it being a possiblc conflict, it might be retroactive to August 3"'. V11%
Marshall said COITCCt. and tliQ Administration advised him to get this Board's
deliberation on as possible conflict of interest.
Chair Akarnine asked Mr. Marshall ifIns ci-cdentialing to teach flicse classes
was because of his employment with the County of Kaua'i. Nlr, Marshall
said the selection is based on his lifelong training and cxperience so it is
certainly the 12 years lie has spent on KaUa'I and the 16 years on the Big
Island as in Ocean Safety Administrator. All of the experiencc certainly did
wcigh into gctring the job. Chair Akarninc asked who initiates the requests
when these classes are offered, Mr, Marshall responded that it is Elton
Ustrio and he advertises the COUrSCS to (7,0LInty CruplOyeCS and then Federal,
State, and them non-governmental arid VOILInteers, Chair Akaniine asked
who decides where the classes are held. Mr. Marshall said the venue is the
conference room in the Civil Defense Office. (,'hair Akamine asked ifit
was part ot'Mr. Marshall's job duties or responsibilities to teach the classes.
Mr. Marshall said no. Mr. Hubbard moved that Mr. Marshall does not
have as conflict of interest it'lic reaches courses
for the [J]1. to thC COU11ty of KaLla'i so long as
he is on vacation or in sonic other way excused.
Mr. Weil seconded the motion with the proviso
that it read that "we find that". Mr. Hubbard
restated tire motion that this Board finds that Mr.
—------ Marshall does riot have a conflict if lie reaches
Board of Ethics
Open Session
August 10, 2012 Page (5
-- __ . . ... ------ _____ _ ___ _._ _. _-- _.._._._. --
-
SUBJECT'1 _.---- .... )l DISCUSSION m_ . __.--- _ --- ACTION .n ___._..._..
coursers fior the U.H. National Disaster
Preparedness `t raining Center for the County of
Katua'i so long as lie takes vacation when lie does
Chair Akanrine said if`Mr. Marshall's employer is the C'ounAy of°Kaaua'i, as so. Mr. Weil seconded the motion,
an employce of"the County, his intcrest outside of°that cm lc>y�ascrI is
benefited and is it as similar situation that was voted on in the prior Request
for an Opinion because there is some benelit.
Mr. Murashige said thc. Board has had cases before where employees have
outside, }cabs and as long;as County equipment is not utilized and it did not
conflict with the person's duties it was not a problem. Mr, Nlurashigc said
Ire saw this different from what was discussed earlier.
Mr. IlUbbaard said one could try to connect those «r say there is some
interest but Mr. Marshall does not have to do this. An opportunity was
given to trim to train and it was based can the experience he gained while
cmployc-d at the C ounty but he ec}uld have said no.
Mr. Weil fclt this enhanced the service to the community.
Chair Akamine said if` r. Marshall's enaployrnent with the 1-huversity of
f-lawai'i pays more according to what he disclosed and that same class can
be taught in his capacity in the County ofKaua'i, there is a potential
personal benefit by this outside crnployincnt. In a matter of procedure,
Chan,Akaarrune said lie did not give the public the opportunity to provide
testimc lly oil this.
Ms. Clark stated she did not get the connection between the two things at
all. His job is not teaching this course and to be consistent in where the
has found rather ern ih ces ct_an have outside work. that is unrelated to
Board cif Ethics
Open Session
August 10, 2012 Page 10
SUBJEC'F DISCUSSION A(TION
------------------------- ---------- --------------- ---------
what they are doing nand they do it while they are off-work tllcll thcre is no
conflia
Chair Akarnine said oric's duties as an employee of the County timy i]ICILIIIC
reaching as COLIrSC, which that employee is qualified to do so , heat IIC chcacases
not to do it through the County cmployer but rather through the State. Ms,
Clark said the COUnty (lid not ask him to do that,' the UJI did, Chair
Akairnne asked if it cost the Counlyanything for Mr. Marshall to teach
these classes. Mr. Marshall said it does not and added that as soon as lie
was hired by (.S 14. lie disclosed that to the Civil Service Administrator
because that is what the rules say but lie does not disclose his tarrriinl,
activity bccause that is self-ciriployinctit and tic does not have to disclose
IniriscIf as his own employcr when lie does his harming. When lie works
profcssionally there is a proviso that he needs to disclose to the employer
through the Civil Set-vice Adrinnistrator which was done as soon as he was
hircd.
I.Jndcr 20,02 A, B, C, 1), or F using COUnty Property, gaining as special
benefit, receiving a gift that may tend to influence his actions, disclosing
irihm-riation, Mr. Pcrry (lid not think that Mr. Marshall's situation fit into
any of those categories. Mr. Perry did not see any action that Mr. Marshall
had takeri based on any interests lie might reasonably tend to have which
may tend to matea conflict and speaks in favor of the motion, that there is
no conflict con the [)art ot'Mr. Marshall, Motion that there is not as conflict of interest
......_ e<arriecl 7.0
Business IX_)E 2012-15 Mernorandurn dated 7/16/12 from COLHICil Ch
air Jay I
L 41L
Tequ_egin the Board cif'Y,,"Ihlcs to COMILICt 111 JnVest
ie
1)0.11ASK.U, PIK),graln f!Cq.Liq Wricil 0 1 Sessiol, minu
Pel tes and other
I'CSOLIrCC irilormation on file with tire Office offloards & C011111iissions)
Boar(] of Ethics
Open Session
August 10, 2012 Page 17
SLJBJEC'F"'--T---
---------------- --------------- ———---------------------------------------
Glenn Mickens was asked by Walter Lewis to read testimony supplemental
to his August I and 8 written pieces of testimony. The Charter says it is the
function of the Board to investigate cornplaints ot'violations of the ethics
codc. There is a vital difference bctween a request where no assertion is
made ab0LIt Whether a violation has occurred and a complaint that does
make SLICII aar1 a.ISSCrtiora, "I'l-iis has the earmark of an election year vendetta
and unless and Mud the COL111ty COLHICH provides the Board with a
dOCUITICIII, that CICH`ly 111COS the legal standards of a complaint, Mr. Lewis
urged ttic Board to suspend the investigation that has been initiated on the
POHAKLJ program, Mr. Mickens felt there was definitely politics involved
here and said lie did not think anyone disagreed that this was not as good
program. Mr. Weil moved to receive the written testiniony
of ALIgUSt I and 8, 2012, From Mr, Lewis, Mr.
Mr. Hubbard said lie was going to carefully word his rcqLICSt that Mr. Perry seconded tire motion. Motion carried 7:0
Mickens reassure Walter Lewis that it is Mr. Hubbard's opinion that there is
no investigation of 101 IAKU that was initiatcd at the request of the County
Council,
Ken Taylor said he was compIctely confused in light of Mr. HLIbbard's
statement. The agenda item lists as mernorandurn dated 7/16/12 requesting
an investigation of the POHAKIJ Program which is diffiercrit. from what was
just stated. Chair Akarnine said the agenda iterns states a memo was
rcccived fi-0111 COLIFICil Chair F'Urtaro requesting the Board investigate but
there has bccii no decision whether that investigation will take place or 110t,
Mr. Taylor asked ifilic document stated in Mr. LQwis's document was
incorrect that in May therc was a rc(ILICSt. Chair Akarnine said there was a
request but no decision has been made as to the action to be taken on that
request, Mr. Taylor asked ifthe Board had not been granted Special
Couriscl to represent them on this tmittcr. Chair Akarnine said the Board
has riot made any�dccisioir on this item. .Mr 'I I avlor said lie too was
...............—--------- —-----------—------
Board of Ethics
Open Session
August 10, 2012 Page 1
_ .---_ _. __. _ _ _ �._.._.._._ _,.__..._
SUBJECT DISCUSSION
ACTION
1C�I�
_.._ _ _ u I
concerned d"D&.Cc IUsc; the Charter says it is the function of the Board of F''thic-s
to investigate complaints, violations of"the ethics code. Back ill May tlae
Board was asked to investigate the P011AK U program. That is a firr cry
Bona the regUcst W investigate a complaint of,'a violation, You should stop
this actiola until a complaint of a violation is tiled. Mr. Taylor said it is his
understanding that the Board has been given Special Courtcil to deal with
this rilattcr, if#that is the erase, it is his understanding that the Prosecutor's
Office does not have Special C'ounscl to defend themselves in this matter
and nothing more should be done, until Special Counsel is also given to
them. This action should he stopped until a complaint of violation has been
tiled.
Jake Delaplane echoed the concerns Mr. Mic.kens read into the record that
was raised by Walter Lewis. One of the things the Board has to look at is
PI-O cdca1-ally whether this type of request fironi the County Council is the
proper way of initiating action from this body. An investigation by this
body is triggered by a complaint that is tiled and there is a process the Board
goes through. Questions have hccn raised as to whether there is something
already geeing on and Mr. Hubbard made; a very careful statement that there
is no investigation into the P01 program that was initiated by the
County Council, That decision is betore the Board today to make a decision
can whether there is to be an investigation that was initiated by the County
Council. p"here was a press release from the County Attorney, Al Castillo,
which seemed to insinuate that there was already an investigation underway
by this body into the POHA14 U pro •arrl. plight or wrong, Mr. Castillo has
madc that statement in the public. Complaints to this body, until they are
acted upon, are confidential and not provided to anyone that there; is a
complaint that exists out there. The way this comes through is
unprecedented in this sort of manner; you have a request fl-earn the C:`ounty
Council to conduct an investiion without a complaint even hein led. _.__
Board of Ethics
Open Session
August 10, 2012 Page 19
SE1B,1E.0`"1" DISC ISSION AC CIO
.. ---------. ...._ _ -- — _ _ _.... .........
There is no allegation of a violation of any particular section ofthe Charter.
It has been stated prublicfally by the COUnty Attorney that. there is an
investigation that is ongoing but that investigation is proceeding through its
clue course.. To adopt this toda anal to tyke action to initiate another
investigation would he duplicative to the effort that is already ongoing.
Mr. Weil said to be sure the record is clear and Mr. Delaplane's
understanding is clear, this body can also initiate an investigation without as
formal c;onrpalaint.
Mr. Perry said the Board has the authority to investigate complaints, also to
initiate complaints. As 'far as the Charter goes a tremor technicality not to
initiate investigations. The Board can initiate complaints; the Board can
investigate complaints but not so sure about initiating investigations. 11"
ird'on-ration comes before this body that affLcts what the Board's authority
is, they can initiate a complaint, they can investigate that information.
Mr. Delaplane said that was his initial reading of it bUt he did not believe
there was evidence contained within the con niunication from Council Chair
Furfaro although there were attachments to that c ommunication,
Attorney Clark said if'the Board proceeds to investigate or to initiate a
courplaint., the matter would have to be considered in F"xecutive SeSSion. Mr-. Hubbard moved to receive the menrorandurn
dated 7116/12 from Council Chair Furfaro, Mr.
Per ry seconded the motion. Motion curried 7.0
Executive Deputy County Attorney Mona("lank read the
Session Ilawai'i Devised. Statutes as described on the
agenda that would take the Board into Executive
Session for items ES-14, F'S-24, IBS-25, ES-2,
ES-3, E�S_7, E S-8, F`S-15, ES-16, 1:S-19, S-20
Board of Ethics
Open Session
August 10, 2012 Page 20
SUBJECT DISCUSSION . . AC I..ON. .
—_ _..._w_.
and I;S-22.
Recess called at 10,27 a.m. Meeting called lack
to order at 10 34 a.a a.
Mr, ferry moved to go into E;xc;cutive Session at
1 W35 a,in. Mr. Murashi e seconded the motion.
Mcation carried 7.10
Return to Open The meeting resunaccl in (.)pcn Session at 1110
`session P.a�.
Ratify Board of`Ethics actions taken in Executive Session tior items:
EIS-14, Ew"S-244, ES-2, E-S- , ES-7, ES-8, ES-15, FS-16, E/S-19, ES-20, FS-
22, and I S-25 Mr. Hubbard moved to ratify the Board's actions
taken in Executive Session. Mr, Na�arao secc>atcfccl
the motion. Motion carried 6:0
Mr. Hubbard rnovecl to request County Attoraacy
Clark prepare the Advisory Opinions for Mr.
Kua1T*i(RAO 12-005)and Mr. Marshall (RAO 12-
006). Mr. Perry seconded the motion. Motion
_-Carried 0,0
Disclosures aa. J0 Shnnarnoto (Salary C'cannnission)
h. Kai Lawrence (Deputy Prosecuting Attorney)
c. C Canes Foster (I)elaaaty Prosecuting Attorney) Mr. f Iufabard moved to defer the review of
Disclosures to the September meeting, Mr.
Muraashige seconded the rnotion. Motions carried
Discussion was held can whether further action for BOE 201.2-15,
M naorandran dated 7/16/12 from. Colaa']Cil Chair furfaaro was warranted.
Chair Aka mine asked this item be placed in
Executive Sc;ssion for Se spm-n bcr to ciclennme if
Board of Ethics
Open Session
August l t1, 2012 1'aggc. ?1
SUBJECT DISCUSSION ACTION
farther action is reckrrrac.cl,
Ann rrun cements Next Meeting, Friday, Septenrher 14, 2012 _. 9,00 Lm., M(.)'ikeha Building,
Liquor Conference Room
Adjournment Chair Akaruinc adjourned the meeting at 12:14
Submitted by ._ .. .. � --_ _ ...... ..__,._.___. Reviewed and Approved b ro
Barbara Davis, Staff`Support Clerk. Kurt Akamine, Chair
Approved as is.
( Approved with amendments. See rxairacaAes Of rrreetiragr;.
COUNTY COUNCIL � "�,°� �> OFFICE OF THE COUNTY CLERK
Jay Furfaro,Chair �
JoAmi A. Yukinrura=Vice Chair •''.
V`atana �,County Clerk
Ricky
Tun Qum t 13, Jai Q Fountai -I anigt wa, Deputy County Clerk
Dwkie Chain
14S 3u14.at l.Uat1;1 41,5 6 '.lt;phi`tne(808) 241 ` 1 88
N<t hw ls. Naka nme, 14 . , F Fax (S08)241-6349
Nle1 1?apozo 1 1��tii
Council`�emkes DhUion
�t_6 Rwe Street. Suits 09'
UK!. Kam, IIaw,1 96-66
l
AI E Al 0 R A N D U AI
Augirst 2012
To : Jay Purfzaro, Council Chem
and Councilmembers
FR>
O I: Ki1alzl W 10 ah`i. Counc;ilnzeaaabe
E POSSIBLE CONFLICT OF INTEREST REGARDING C_° 2012-335 W
THE AI`GUST 4 201 2
Ptlr,;I Pant to Section `0.04 (B) of the Kauai County ChArten Seetbri 3-1.9 cif
the Kauai County Q(le I�f<� r. �� Eaaaaended, and Rule 8 of the R el, of the K ait#a'i
(`ounty. Anne? I herel, Casa vide written disclosure can the me°ord (af` a jy)s:-iial(j
t't}11fliC`t of interest retain to C' 2012-:3=35, 2`E'y ar(hri t1je approval to tap,4y. Inceiw'.
1101 expend Quad VOC A Expansion Program ie,dear;al fa 11 S. and the
bylemnifW Lion of the StEate o Haw ai`i. Department caf the �ttca�°n(� Clenea�l.
I am Lair °c ntly employed by the ` A'A, chid receives sub-gram fund f o aaa
than Waal VO CA Expansion Program, For thi,� reason, I Haan rec°usI11 ; fi,om
(Iolib inition on item C 2012-=335 during the August 8, 2012 Council eetin ;t c tact a.
Should you have any quest ons_ please feel fi°ee tO ctAatact the Council
Smums K i hm at 241-4188, Thank you for your attention to this m atler.
w August 22. 2012 (Anini-A Meeting
Fh and of Ethics;
AB cl:s
AN EQUAL OPPORTUNITY EMPLOYER