Loading...
HomeMy WebLinkAbout2012_0914_Minutes Open_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 10/12/12 Board/Committee: BOARD OF ETHICS Meeting Date I September 14, 2012 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 9:00 a.m. I End of Meeting: 10:57 a.m. Present Chair Kurt Akamine; Vice-Chair Mark Hubbard; Secretary Warren Perry; Members: Kathy Clark; Calvin Murashige; Brad Nagano; Paul Weil Also: Deputy County Attorney Mona Clark; Boards & Commissions Office Staff. Support Clerk Barbara Davis; Administrator Paula Morikami; Administrative Aide Teresa Tamura Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Akamine called the meeting to order at 9:00 a.m. with 7 members present. Approval of Special Open Session Minutes of August 8, 2012 Mr. Weil moved to approve the minutes as Minutes circulated. Mr. Hubbard seconded the motion. Motion carried 7:0 Regular Open Session Minutes of August 10, 2012 Chair Akamine said there was a request to clarify the motion made by Mr. Hubbard as stated on page 9 of the August 10 minutes. As the motion reads in the minutes, the OPA VOCA is one item which means the VOCA funding comes under the Office of the Prosecuting Attorney and the other item is OED. There is confusion on whether the motion made should read OPA comma VOCA and OED. Since Mr. Hubbard was the maker of the motion he might like to speak to that before there is discussion. Mr. Hubbard said after talking to various people and looking at the recap of the meeting, the recap showed another statement after Office of Economic Development with respect to the YWCA. Mr. Hubbard said in those terms, yes it is anything relating to OPA or VOCA funding; those 2 would be separate. OPA would be the County Council approving money to OPA. VOCA is the County Council approving a grant that comes from Board of Ethics Open Session September 14, 2012 Page 2 SUBJECT DISCUSSION ACTION somebody else. If money flows to the YWCA then there is a conflict but if it is an issue about OPA, which has nothing to do with the YWCA, then it would not be a conflict. Chair Akamine thought the recap was unedited and is given to the Board so he did not know if it was a good idea to use that as a reference. Mr. Hubbard said it would have been OPA comma VOCA funding or the appropriations Office of Economic Development. Again, it was as related to the YWCA. Chair Akamine said for clarification Mr. Hubbard said the context is as it relates to the YWCA. But was Mr. Hubbard looking at 3 items: OPA, VOCA, and OED. Or was he looking at 2 items: OPA VOCA and OED. Mr. Hubbard said 3 items. Ms. Clark said she was one of the people seconding the motion but recalled they were talking about funding that went to the YWCA through those agencies and that was what she seconded. Mr.Nagano agreed. Ms. Clark said any funding that goes to the YWCA through OPA VOCA or the Office of Economic Development, then Mr. Kuali'i should recuse himself. Mr. Weil suggested the motion be amended to OPA and/or VOCA funding and add the reference to the YWCA. Ms. Clark said when you read the motion you think it is any funding from any of those people for anything and that was not what they were discussing. Attorney Clark said they could clarify what they meant but if there is an Board of Ethics Open Session September 14, 2012 Page 3 SUBJECT DISCUSSION ACTION amendment of the motion that would have to be done at a noticed meeting. Chair Akamine said they could clarify the meaning but they cannot change the original motion. Mr. Weil respectfully disagreed. This is a matter of correcting the minutes and he did not believe it required any notification. Attorney Clark said if they are correcting the minutes that is more than fine. If they change the motion itself then it has to be noticed. Ms. Clark thought this was a clarification for the minutes. Mr. Nagano said he agreed. Chair Akamine said he understood the motion to be VOCA and OED. The OPA in front of VOCA was just to clarify the VOCA funding through OPA. The Chair did not understand the motion to be OPA, VOCA; it adds a pretty distinct difference. Mr. Hubbard asked if in reality it makes a difference. It seems anything that goes to OPA is then OPA's discretion to contract with YWCA. Mr. Hubbard did not think there was any money in OPA specifically targeted to YWCA as in OED which does target the YWCA. Chair Akamine said that was a good point. What he understood from the testimony is the funding that impacts the YWCA comes through OPA and there will be a conflict if Councilmember Kuali'i participates in matters of funding in OPA, the whole office, and then the VOCA and then the OED. Chair Akamine felt there was no question about the OED and the VOCA. He did not understand the motion or would have agreed to it if it was OPA in gener al because there would not be any conflict with OPA in general, Board of Ethics Open Session September 14, 2012 Page 4 SUBJECT DISCUSSION ACTION only as it pertains to VOCA and the YWCA. We would now be saying there is a conflict in all matters relating to OPA...........Ms. Clark clarified it should be only OPA as it pertains to the YWCA. Mr. Murashige said in looking at the summation of the minutes he felt if there was a benefit to be received then there is a conflict. If the benefit comes from the Prosecuting Attorney's Office then there is a conflict on Prosecuting Attorney matters. It does not have to be specifically the budget but if there is a benefit an organization receives because of a Councilmember's vote and the Councilmember has an interest in that organization, Mr. Murashige sees that as a conflict because he is an employee. Mr. Hubbard said that was also his intent but they ended up talking about funding so his motion ended up being about funding but really it is any benefit that flows to the YWCA that would be a conflict. Chair Akamine said on that point, to broaden it that much it will (inaudible) off. It has a very far reaching impact such as if a Councilmember does participate in the Kaua'i Marathon he could then benefit from it through that line. Mr. Murashige recalled when Joe Munichika was on the Council and worked for Grove Farm he recused himself on Grove Farm matters. It was a fairly broad position that he took in terms of recusing himself because of the impact it might have had on Grove Farm. Mr. Hubbard said those were specific issues when Grove Farm was going for a permit and Mr. Munichika would recuse himself and that would be correct. It would be the same for Councilmember KuaIN on any issue that came up with respect to the YWCA. The concern might be money given Board of Ethics Open Session September 14, 2012 Page 5 SUBJECT DISCUSSION ACTION to the OPA that is discretionary,not targeted to the YWCA, and is not a line item but it has something to do with victim witness. If OPA decides to contract with the YWCA, is that a conflict. What if it was historical and you knew where that money went but the County Council did not direct it. Chair Akamine said he had thought about that and he did ask about funding. Renae (Hamilton) said that any funding they receive from OPA goes to the direct operations and they only receive funding through VOCA Mr. Hubbard said there are two streams of money that goes to the YWCA. Attorney Clark told the Board they need to clarify what they voted on at the last meeting. If the decision is to reconsider and change what they originally voted on, it should be scheduled for reconsideration. For now they are just clarifying the minutes and deciding what they actually voted on. Chair Akamine said if there is clarification agreed to by the majority then we don't have to go into an explanation. The Chair said it appears from the discussion he might be the only one to have interpreted otherwise but we need to give clear guidance to Councilmember Kuali`i as to what we voted on. Mr. Weil said it would be appropriate for the Chair and/or Mr. Hubbard to suggest the correction or addition to the minutes. Mr. Perry said any reconsideration has to be brought up at this meeting under the rules. Attorney Clark said under Roberts Rules it would have to come up but this Board of Ethics Open Session September 14, 2012 Page 6 SUBJECT DISCUSSION ACTION Board did not adopt Robert's Rules when it adopted its Rules, so this might not be binding. Mr. Perry asked if there was any other rule relative to reconsideration that is applicable to this Board. In other words reconsideration can happen at any time? That is spooky. Attorney Clark said that may be spooky but it is not addressed in the Rules and she did not think the Board was prevented from bringing it up at the next meeting. Mr. Perry said relative to this matter and the correction of the minutes, we are talking about the different sources of funding to the YWCA and how there may or may not be a conflict and yet the word benefit is brought up. Mr. Perry wanted it clear in his mind and to have the minutes reflect whether we are talking about a special benefit that Councilmember Kuali'i has bestowed upon himself or others, or are we talking of his possessing a conflict that interferes with his authority. Is the Board talking about 20.02 E or 20.04 B; E is the special benefit portion and B is the conflict portion so for the sake of clarification which provision are we saying Councilmember Kuali'i is in violation of the Code of Ethics. Chair Akamine said he would like to entertain a motion to further clarify whether or not it was meant to be OPA in general and VOCA for the funding and OED or just the VOCA and OED. Secondly whether or not Mr. Hubbard moved that the intent of his motion the intent of the motion would be the conflict of interest only and/or a on page 9 and 10 of the August 10 minutes was special benefit. Mr. Hubbard moved that the Board find that Councilmember Kuali'i does have a conflict of interest with regard to matters on the Kaua'i Council's agenda relating to OPA comma VOCA funding or the appropriation of the Board of Ethics Open Session September 14, 2012 Page 7 SUBJECT DISCUSSION ACTION Office of Economic Development with respect to the YWCA. Chair Akamine said as a matter of procedure the intent was to clarify and not correct the motion. Ms. Clark seconded the motion. Attorney Clark said the Board could clarify that in the minutes. Chair Akamine said he would not be supporting the motion as he interpreted it to be VOCA and OED and not OPA as a whole which is entirely different. Chair Akamine asked the staff to read the motion back but staff indicated it was still not clear with the addition of the words with respect to the YWCA as to whether there is a comma or not puts it back to the way it was originally written. Ms. Morikami said that clarification is required because there are two Councilmembers who have opposite views of what the Board voted on. One Councilmember felt the Board specifically said Councilmember Kuali`i could not participate in all of OPA and all of OED. If you meant just regarding YWCA that is what the other Councilmember felt but it has to be clarified by the Board. Once this clarification has been made, Attorney Clark can write the Advisory Opinion. Attorney Clark said the question arises in connection with respect to the YWCA and Mr. Hubbard's earlier statement about discretionary funding. When there is discretionary funding, is that referring to OPA as a whole or is it referring to a line item. Attorney Clark thought there will be confusion to arise if they put in with respect to the YWCA unless it is clarified further as to what that means. Chair Akamine said they could speak further on this but his preference was Board of Ethics Open Session September 14, 2012 Page 8 SUBJECT DISCUSSION ACTION to speak to what Councilmember Kuali'i had suggested, which is just OPA VOCA. All the discretionary funding can be addressed later. Chair Akamine apologized saying in hindsight it would have been good to clarify the motion further at the last meeting. Ms. Clark said as she recalled the discussion when the motion was made, Mr. Hubbard's motion was the Councilman had a conflict with anything that pertained to funding for the YWCA and that was what her second to the motion was based on. It seems we are trying to take this someplace that was not the intent of Mr. Hubbard's original motion. Ms Clark said she recalled they were talking specifically about the YWCA funding and where it was coming from and that the Councilman should recuse himself if that conversation was occurring related to funding from OPA VOCA and anything else. The only thing Ms. Clark thought was missing on page 9 (of the meeting minutes) is the letters YWCA. That is where Ms. Clark believed the Board thought the conflict laid. Chair Akamine recapped Ms. Clark's second to the motion with the understanding it was related to Councilmember Kuali`i's participation in items related to funding toward the YWCA if that occurred within OPA VOCA. Ms. Clark said she thought that was where we all agreed the conflict laid. Mr. Nagano said that was the way he understood it. Mr. Hubbard said Attorney Clark threw the issue out that if it is a line item that went to the YWCA it is a conflict; hopefully that is what we all agreed Mr. Weil called for the question. Roll call vote on. If the budget did not have a line item and it did not specify the YWCA as to whether discussion should be ended: Clark we did not address that. —aye; Hubbard—aye; Murashige—aye;Nagano —aye; Pe —aye; Weil—aye; Akamine— Board of Ethics Open Session September 14, 2012 Page 9 SUBJECT DISCUSSION ACTION Silent. Motion carried 7:0 Chair Akamine stated the intent of Mr. Hubbard's motion was regarding Mr. Hubbard restated his motion should be funding for the YWCA as it relates to OPA, VOCA, OED, or such. clarified to read that Councilmember Kuali'i does have a conflict of interest with regard to matters on the Kaua'i Council's agenda relating to OPA comma VOCA funding or the appropriation of the Office of Economic Development with respect to the YWCA. Ms. Clark agreed this was her understanding when she seconded the motion. Mr. Perry moved to approve the minutes as clarified. Mr. Nagano seconded the motion. Motion carried 7:0 Communication BOE 2012-15 Memorandum dated August 6, 2012, from KipuKai Kuali'i, Councilmember, regarding a Possible Conflict of Interest for C 2012-335 on the August 8, 2012, County Council agenda.- Mr. Hubbard moved to receive the communication and file it. Mr. Perry seconded the motion. Motion carried 7:0 Written testimony of September 14, 2012, received from Walter Lewis. Mr. Perry moved to receive the testimony and file it. Mr. Nagano seconded the motion. Motion carried 7:0 Business item BOE 2012-16 to be moved to the end of the meeting Disclosures a. Jo Shimamoto (Salary Commission b. Kai Lawrence (Deputy Prosecuting Attorney] c. Charles Foster(Deputy Prosecuting Attorney] d. Melvin Rapozo (County Council) Board of Ethics Open Session September 14, 2012 Page 10 SUBJECT DISCUSSION ACTION Ms. Clark questioned Mr. Rapozo's disclosure which listed income from 2 places but no income was listed for the company of which he is 100% owner. Mr. Hubbard said it could be complete if Mr. Rapozo is not making any money or is currently not active in the business. Mr. Hubbard moved that the Board receive Disclosures a through d and deem them complete. Mr. Nagano seconded the motion. Motion carried 7:0 Executive Attorney Clark stated that the Board would be Session going into Executive Session for items ES-26, ES-27, ES-25, ES-2, ES-3, ES-7, ES-8, ES-16 and ES-28 as fully described in the posted agenda. Mr. Perry moved to go into Executive Session at 9:46 a.m. Mr. Nagano seconded the motion. Motion carried 7:0 Return to Open The meeting resumed in Open Session at 10:55 Session a.m. 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 Ms. Clark moved to ratify the Board's actions taken in Executive Session. Mr. Perry seconded the motion. Motion carried 7:0 Business BOE 2012-16 Consideration of changing Board of Ethics' meeting times to the 3rd Friday of the month, 1:00 or 1:30 p.m. Mr. Perry moved to change the Board's meeting date to the 3rd Friday of the month at 1:30 p.m. Mr. Murashige seconded the motion. Motion carried 6:1 Weil - nay) Announcements Next Special Meeting: Wednesday, September 19, 2012— 8:00 a.m. Next Re ular Meeting: Friday, October 12, 2012—9:00 a.m. Adjournment Chair Akamine adjourned the meeting at 10:57 a.m. Board of Ethics Open Session September 14, 2012 Page 11 Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Kurt Akamine, Chair ( ) Approved as is. ( ) Approved with amendments. See minutes of meeting.