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HomeMy WebLinkAbout2012_1012_Agenda_MeetingPacket�� 1 - Lyjlroll Mark Hubbard Vice -Chair Warren Perry Secretary COUNTY OF KAUAI BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, October 12, 2012 9:00 a.m. or shortly thereafter Mo'ikeha Building, Liquor Conference Room 3 4444 Rice Street, LThu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of September 14, 2012 Special Open Session Minutes of September 19, 2012 Members: Kathy Clark Calvin Murashige Brad Nagano Paul Weil REQUEST FOR ADVISORY OPINION RAO 12 -007 Letter dated 9/10/12 from Deputy County Attorney Mauna Kea Trask as legal counsel for the Kaua'i Fire Department as to whether there is a conflict of interest for the 2013 Kaua'i Junior Lifeguard squad, Fire Department employees including Water Safety Officers, County park employees, technical support staff and use of County resources, property and equipment in filming a proposed reality based television show currently entitled "Saving Lives ". RAO 12 -008 Letter dated 9/28/12 from Deputy County Attorney Mauna Kea Trask as legal counsel for the Kaua'i Fire Commission as to whether there is a conflict of interest for Mike Nagano to sit as a Fire Commissioner while being employed by National Fire Protection, Inc., and interacting with Fire Department personnel to witness his inspections and to receive guidance regarding fire codes and fire standard interpretations. BUSINESS BOE 2012 -17 Discussion and possible decision - making of adopting Robert's Rules of Order, Newly Revised for matters of procedure governing the conduct of Board meetings not addressed by the Board's Rules. DISCLOSURES for review and examination by the Board of Ethics a. Ernest Barreira (Budget & Purchasing Director) An Equal Opportunity Employer 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 -30: Regular Executive Session Minutes of September 14, 2012 ES 31: Special Executive Session Minutes of September 19, 2012 Pursuant to H.R.S. §924 and H.R.S. 92 -5 (a) (2) and (4), the purpose of this executive session is to consider the evaluation, dismissal or discipline of an employee or officer of the County in which charges have been alleged against an employee or officer where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held; and to consult with the Board's legal counsel on issues pertaining to the Board's and the County's powers, duties, privileges, immunities, and/or liabilities as they may relate to this item, deliberate and take such action as appropriate. ES -2: BOE 11 -003 Letter dated 11/25/11 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) 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) 2 1 P a g e Board of Ethics — October 12, 2012 b. Production of materials, documents, records and response to Subpoena Duces Tecum and related information and materials. 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 � lS 1 • ' 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) ES46: 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) a. Departmental policy and practice on usage of County property RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES -2, ES -3, ES4, ES -8, ES -16, ES -30 and ES -31 ANNOUNCEMENTS Next Meeting: Friday, November 16, 2012 —1:30 p.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 HRS §924 and shall be limited to those items described in HRS §92 -5(a): c: Mona Clark, Deputy County Attorney PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24 -hours prior to the meeting indicating: 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. Board of Ethics — October 12, 2012 31Pabe 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 Llhu`e, HI 96766 Email: bdavis@kauai.gov Fax: 241 -5127 Phone: 241 4919 SPECIAL ASSISTANCE If you need an alternate format or an auxiliary aid to participate, please contact the Boards & Commissions Support Clerk at 241 -4919 at least five (5) working days prior to the meeting. 41Page Board of Ethics — October 12, 2012 COUNTY OF KAUAI Minutes of Meeting OPEN SESSION R AN To BE, I 'a .ArGUNA Board/Committee: BOARD OF ETHICS Meeting Date September 14, 2012 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 9:00 a.m. 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, p es it is anything relating to OPA or VOCA funding; those 2 would be N CD W Board of Ethics Open Session September 14, 2012 Page 2 SUBJECT I DISCUSSION I ACTION separate. OPA would be the County Council approving money to OPA. VOCA is the County Council approving a grant that comes from 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 Board of Ethics Open Session September 14, 2012 SUBJECT LM DISCUSSION discussing. Attorney Clark said they could clarify what they meant but if there is an 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 ACTION Board of Ethics Open Session September 14, 2012 SUBJECT DISCUSSION ACTION 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 general because there would not be any conflict with OPA in general, only as it pertains to VOCA and the YWCA. We would now be saying there is a conflict in all matters relating to OPA....... I ..,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. Board of Ethics Open Session September 14, 2012 Page 5 SUBJECT I DISCUSSION 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 Kuali`i on any issue that came up with respect to the YWCA. The concern might be money given 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 KualVi 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. ACTION Board of Ethics Open Session September 14, 2012 SUBJECT I DISCUSSION 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 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 Kuall'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 Kuall'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 and OED or just the VOCA and whether or not ACTION Board of Ethics Open Session September 14, 2012 Page 7 SUBJECT I DISCUSSION the intent of the motion would be the conflict of interest only and/or a special benefit. Chair Akamine said as a matter of procedure the intent was to clarify and not correct 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 Kuall'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, Clark said the question arises in connection with respect to the ACTION Mr. Hubbard moved that the intent of his motion on page 9 and 10 of the August 10 minutes was Mr. Hubbard moved that the Board find that Councilmember Kuall'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 seconded the motion. Board of Ethics Open Session September 14, 2012 SUBJECT DISCUSSION ACTION 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 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 Kual-N'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. Board of Ethics Open Session September 14, 2012 LEM SUBJECT DISCUSSION ACTION 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 on. If the budget did not have a line item and it did not specify the YWCA Mr. Weil called for the question. Roll call vote we did not address that. as to whether discussion should be ended: Clark — aye; Hubbard — aye; Murashige — aye; Nagano — aye; Perry — aye; Weil — aye; Akamine — 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 Board of Ethics Open Session September 14, 2012 SUBJECT DISCUSSION ACTION 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) 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, ES46 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 Board of Ethics Open Session September 14, 2012 Page 11 SUBJECT DISCUSSION ACTION the 3 Friday of the month, 1:00 or 1:30 p.m. Mr. Perry moved to change the Board's meeting date to the Yd 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 Regular Meeting: Friday, October 12, 2012 — 9:00 a.m. Adjournment Chair Akamine adjourned the meeting at 10:57 a.m. Submitted by: Barbara Davis, Staff Support Clerk () Approved as is. () Approved with amendments. See minutes of Reviewed and Approved by: meeting. Kurt Akamine, Chair COUNTY OF KAUAI Minutes of Meeting OPEN SESSION — SPECIAL MEETING N 11 Board/Committee: BOARD OF ETHICS Meeting Date September 19, 2012 Location Mo`ikeha Building, Meeting Room 2 A/B Start of Meeting: 8:00 a.m. I End of Meeting: 8:55 a.m. Present Chair Kurt Akamine; 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; Gale Ching, Esq.; Regan Iwao, Esq. sssssss sed Vice -Chair Mark Hubbard nt L SUBJECT DISCUSSION ACTION Call To Order Chair Akamine called the meeting to order at 8:00 a.m. with 6 members present Executive Attorney Clark stated that the Board would be Session going into Executive Session for the purpose of ES -29 as fully described in the posted agenda. Mr. Perry moved to go into Executive Session at 8:00 a.m. Mr. Murashige seconded the motion. Motion carried 6:0 Return to Open The Board returned to Open Session 8:55 a.m. Session Ratify Board of Ethics actions taken in Executive Session for items: ES -29 Mr. Murashige moved to ratify the Board's actions. Mr. Nagano seconded the motion. Motion carried 6:0 Announcements Next Meeting: Friday, October 12 at 9:00 a.m. Adjournment Chair Akamine adjourned the special meeting at 8:55 a.m. N CD Cn Board of Ethics Open Session September 19, 2012 Page 2 Submitted by: Barbara Davis; Staff Support Clerk Approved as is. Approved with amendments. See minutes of Reviewed and Approved by; meeting. Kurt Akamine, Chair Bernard P. Carvalho, Jr. Mayor Gary K. Hen Managing Director OFFICE OF THE COUNTY ATTORNEY County of Kauai, State of Hawaii 4444 Rice Street, Suite 220, Llu`e, Hawaii 96766 -1300 TEL (808) 241 -4930 FAX (808) 241 -6319 September 10, 2012 Kurt Akamine, Chairperson and Members of the Board of Ethics Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu'e, Hawaii 96766 Alfred B. Castillo, Jr. County Attorney Amy I. Esaki First Deputy Vr, i G SEP 1 32012 ' J �. ......................... BOARDS & COMMISSIONS Re: Request for Advisory Opinion by the County of Kauai Fire Department Dear Chair Akamine and Members of the County of Kaua'i Board of Ethics: The Ocean Safety Bureau and the Fire Department of the County of Kauai is requesting an advisory opinion pursuant to Kaua'i County Charter section 20.05 (D) (2) and Rule 5.1 of the Kaua'i County Board of Ethics Rules and Regulations on the following question(s): 1) Is 4Dventures' proposed reality show based on the 2013 Kaua'i Junior Lifeguard squad and the attendant areas of support being requested to be provided by the County allowable under the County of Kaua'i code of Ethics, including but not limited to sections 20.02 (d), (e) and (f)? The County of Kauai Fire Department and Ocean Safety Bureau has recently been approached by production company 4Dventures LLC regarding the filming of a television "reality show" currently entitled "Saving Lives" (working title). "Saving Lives" aims at bringing ocean safety awareness to a broad television audience and also involves a larger "transmediaIt concept that not only involves television but also intemet/broadband and mobile technological platforms. Produced and shot over the course of a full year this scripted teen reality project aims to entertain young viewers while providing valuable information that could save lives and promotes healthy life habits and behaviors to teenagers. "Saving Lives" will be comprised of thirteen (13) thirty minute television episodes and will chronicle the "journey' of eight (8) young trainees ( Kaua'i teens ages 13 —17) as they work at earning a spot on the 2013 Kauai Jr. Lifeguard Squad. The show will be shot on Kauai. RAO 12 -007 An Equal Opportunity Employer Kurt Akamine, Chairperson, and Members of the Board of Ethics September 10, 2012 Page 2 The content of the project will be the result of a collaborative effort between 4Dventures LLC and various collaborating partners, including but not limited to the County of Kauai Fire Department and Ocean Safety Bureau. Under the current proposal 4Dventures will initiate, coordinate and control all creative, financial, technological and administrative aspects of the production process from inception to completion. 4Dventures is not requesting financial compensation from the County of Kaua'i and does not intend to compensate the County for its' collaboration. According to the current proposal 4Dventures will rely on the County to provide the following support services; (1) Information services (including but not limited to assisting in identifying content, helping to prioritize the message that will reach the audience, and give advice when needed); (2) staffing (including but not limited to ensuring the participation of the Water Safety Officers, certified lifeguard instructors and county park employees on select shooting days; (3) technical support (including but not limited to authorizing the use of resources and equipment (e.g. ATVs, jet skis, boards, buoys, flags, etc.); and (4) logistical support (including but not limited to helping secure access to various shooting locations such as county beaches and parks, put 4Dventures with "third parties promote the "Saving Lives" project whenever and wherever possible. It is understood that in providing the aforementioned support services that "real life" situations and necessity will always prevail over the "Saving Lives" project and that 4Dventures' expectation of support will only be given when available and only if not detrimental to the regular operations and activities of the County. 4Dventures will also address any and all concerns regarding waivers of the participants in their production and will develop Assumption of Risk/Release forms for all participants. Because I am the Deputy County Attorney assigned to the County's Fire Department, and because I have requested to prepare this request on behalf of my client, I am authorized to make this request for an advisory opinion. Thank you for your consideration in this matter. Please contact me if you need any supplemental information pursuant to Rule 5.1 (c). Sincerely, M UNXKEA TRASK Deputy County Attorney cc: Kaua'i Fire Department i•:s-= fco�. t � Ail 0 Ft •I R _: • R Do you have what it takes tc kip 4161111MAII Om a 16 With its beautiful white sand beaches and pristine'^' =- , warm waters, Kauai is without a doubt one of the best places in the world to enjoy the ocean. Swim- ming, surfing, snorkeling, or simply strolling along the beach can be great fun - but if you don't know what you're doing, it can also be dangerous. s -.. According to the World Health Organization, drown- ing is the second leading cause of unintentional death worldwide after road traffic accidents. In the United States alone, an average of ten unintentional drowning deaths occur every day, and it is estimated that five times as many people are injured daily due to near - drowning incidents. Despite current risk reduction efforts - and the fact that the number of annual fatalities has been on the de- cline in Kauai since 2008, the Garden Island has the highest rate of drowning incidents per capita in all of Hawaii, and people here are six times more likely to die in the water than anywhere else in the nation. So one question immediately comes to mind: What can be done? Many events focused on ocean safety education awareness have been held in the past (e.g. The 2010 State of Hawaii Drowning Prevention and Ocean Safety Conference) and many studies /research papers have been written on the sub- ject. Over and over, the need for strong media and communications programs is identified as one of the most urgent priorities. Some of the many suggested strategies include the use of social media /cell phone updates /travel websites, and in his 2010 "When In Doubt, Don't Go Out" descriptive research study, au- thor John T. Blalock even suggests "using different delivery methods and ve- hicles" "SAVING LIVES" precisely aims at bringing ocean safety awareness to the fore- front through an innovative and original approach. FORMAT "SAVING LIVES" is a transmedia concept that involves television, internet/ broadband and mobile platforms. Produced and shot over the course of a full year, this scripted teen reality project aims at entertaining young viewers /in- teractive participants, while providing valuable information that could potentially save lives. It offers strong positive models that support the ocean safety message and promote healthy life habits /behaviors to teenag- ers and children. TELEVISION Composed of thirteen 30- minutes episodes (Season 01), the televi- sion series chronicles the journey of eight young trainees (Kauai teens between the age of 13 and 17) as they work at earning a spot in the 2013 Kauai Junior Lifeguard squad. Taking place on Kauai beaches and various exterior venues (where the trainees practice and compete), the show will also bring viewers to other locations (e.g. schools, community centers, etc.) where it will become clear EINIarsaKc lta= 6 es s that to be a Junior Lifeguard, one also needs to excel at school, help and volunteer within the community, etc. Just as the Kauai Junior Lifeguard program is designed to teach young people ocean safety and lifesaving skills through a. hands-on approach, so will "SAVING LIVES: But it will transcend its mission by promoting im- portant concepts and ideas such as: • aiming at always trying your best • working and collaborating with others towards the completion of a common goal • developing problem solving skills that apply to everyday life • engaging in competition in a fairway • being in good physical condition and having healthy life habits • staying focused on the goals one sets for him /herself - thus realizing the importance of staying in school and away from drugs and /or other negative influences. The series begins as our recruits are brought together for the first meeting of the training season. Week after week, they will improve their skills and learn new things. We will see them achieve great successes, from mak- ing the team and trying to defend the island's tenth consecutive State championship title to competing in the 2013 National Lifeguard Championship's'. It will not always be easy for them though, and we will see them struggle along the way. Sometimes, we will even see some of them fail, but they will always get up and try again... until they succeed. They will ultimately understand that succeeding (i.e. being a winner) is not about finishing first, but rather about doing your best and always believing in yourself. They will learn that being a lifeguard is all about being dedicated to what you do, compassionate towards others and reliable - traits they will hopefully carry on with them in life as they become adults. Each episode will have a dominant theme (e.g. basic prevention 2, intervention techniques3, qualities /traits required to be a lifeguard 4, etc.), as well as specific sub - themes (e.g. marine ecology, traditional Hawaiian wa- ter wisdom, meteorology, etc.). Based on the specifics of each episode, a set of activities and challenges will be presented to our young lifeguards. These new experiences will test them in many ways, and regardless of outcome, each participant will always feel empowered and better prepared to face new challenges and situ- ations. as `• INTERNET/ BROADBAND "SAVING LIVES'can be described and understood as a participative experience to engage audiences rather than a simple television series with an accompany- ing website. While the television component of the project features exceptional young ocean athletes going through the process of becoming junior lifeguards, the internet/broadband part of the project aims at making it easier for all to get involved. In addition to be- ing invited to attend "real -life" training opportunities, viewers will therefore be able to partake virtually in the project in several different ways. i -- There will obviously be an official website where it will be possible for users to stream and /or download full episodes. The available content will not only be presented in its integral form, but it will also be regrouped thematically so that people can get to what in- terests them as efficiently as possible'. Additional original content will also be added (e.g. interviews with real -life rescuers and survi- vors, "Interactive Top Ten" lists, etc.), and various strategies will be imagined in order to engage audiences on as many levels as pos- sible, including: • having viewers suggest content (i.e. what they would like to see as a narrative for the television series - e.g. coverage of new top- ics relating to water safety, suggestions as to the "weekly guest", invitations for the cast to visit their schools, etc.) • having people send in questions and /or inquiries - whether it is about life- saving techniques or simple facts about Kauai, its beaches and beyond (e.g. best time of the year to see whales, best place to standup paddle on the island of Kauai, best sun- screen, etc.) • offering educational games that relate to the subject of water safety • hosting on -line contests with the possibility of winning great prizes (e.g. trip to Kauai, surfboards, etc.) • creating and regularly updating a database of upcoming train- ing programs and certification courses for Kauai, Hawaii and nationwide • establishing a "KJL Akamai Bulletin Board ", where people will be invited to share what they know about water safety, express an opinion, give advice, etc. t� .a i Many possibilities are now being conceptualized and include a'SAVING LIVES Mobile Application'that would allow ordinary people to trigger an alarm from their smart phoneS8 . Through real-time, geo-tagged/GPS input, this emergency call would instantly appear on all certified lifeguards/junior lifeguards'smart devices - given they are within a certain radius of the emergency. The call would clearly identify the location of the situation as well as the identity of the person calling for help, thus generating a response that could potentially and quickly dispatch people and resources until the arrival of regular emergency response personnel (i.e. KPD, KFD, EMS, etc.). This particular idea is at a developmental stage, but the hope is that endeavors such as this one can be imag- ined, developed and implemented with the participation of various partners (e.g. The University of Hawaii's College of Engineering, Kaua! Community College, County of Kaua'i Information Technology Division, etc.) to effectively save lives here and abroad. GOALS AND OBJECTIVES Although "SAVING LIVES" primarily aims at empowering youth with knowledge, skills and positive attitudes, the goals of the project are numerous and will most definitely impact everyone, from viewers and residents to visitors and people everywhere. The content of the project will be the result of a collaborative effort between 413ventures LLC (the production company behind the creation of the project) and various collaborating partners whose input and feedback will be essential (e.g. Kaua'i Ocean Safety Bureau, Kaua'i Lifeguard Association, etc.). "SAVING LIVES "will evolve as a concept, but the idea is clearly to reach as many people as possible and to spread the word about ocean safety awareness in a fun and engaging way. In that context, some of the objectives of the project include: • increasing public awareness around the subject of water safety • involving the audience (i.e. television viewers and virtual participants) in a project that is both entertaining and informative • creating a broad multimedia platform that will serve as an effective educational resource relating to water safety • making it appealing and easier for the general public to get involved in existing water safety programs and projects • providing our participants' with a unique opportunity to learn new skills, meet new people and experi- ence new things • recognizing the quality of work done every day by regular lifeguards, as well as those in charge of hiring them (i.e. Ocean Safety Bureau, the Kaua'i Fire Department, the County of Kauai, etc.) • increasing the visibility of all collaborating partners, thus potentially improving the chances for them to receive additional private /corporate funding • supporting initiatives and "parallel projects" brought forth by agencies and programs that share the same concern for safety - both from the public and private sectors (e.g. the WAVE Project, the Kaua'i Water Safety Task Force, etc.) • promoting Kaua'i both as a safe and beautiful place to enjoy water activities. r k fY � n_ I£ I V U cluction process, from inception to completion. 4Dventures LLC is not requesting compensation from its partners (i.e. County of Kaua'i, Kaua'i Lifeguard As- sociation, etc.) to develop, produce and/or distribute this project, nor does it intend to compensate any of these partners for their collaborations. Notwithstanding, 4Dventures will rely on its partners to provide: • information: help identify content for the series, help prioritize the messages that will reach our audience, give advice when needed, etc. • staffing: ensure the participation of the Water Safety Officer, certified lifeguard instructors and county park employees on select shooting days • technical support: authorize the use of resources and equipment (e.g. ATVs, jet skis, boards, buoys, flags, etc.) by qualified/authorized personnel on select shooting days • logistital support: help secure access to various shooting locations such as county beaches and parks, put 4Dventures in contact with "third parties" (e.g. organizations, companies, individuals, etc.), promote the "SAVING LIVES" project whenever and wherever possible, etc. It is understood that real-life situations/needs will ALWAYS prevail over the production of this project. As such, it is understood that the help 4Dventures is T VV.11 expecting from its partners (i.e. information, staffing, N technical support and logistical support) will only be given when available - and only if it isn't detrimental to the regular operation s/activities of these partners. It is also important to know that participants (or their parents - when dealing with minors) will be required to sign anAssumption of Risk and Release'document prior to any involvement, releasing 4Dventures LLC and all collaborating partners from any loss, property damage or personal injury, including death, that may be sustained as a result of their participation in the "SAVING LIVES" project. 4Dventures is looking forward to answer questions regarding the involvement of collaborating partners'O, and remains open to suggestions, recommendations and guidance. �6 'WrOl' 4'- V, The television series, as well as the interactive components of the project propose a fresh approach to edu- cate, inform and help disseminate the ocean safety message. Through its innovative creative approach and use of cutting-edge technology, "SAVING LIVES'will undoubtedly become a model of effective water safety prevention for years to come. It is our firm belief that it will indeed help save lives - and we can only hope that it will receive the endorsement and support of as many people as possible. .�ls , A, �6 'WrOl' 4'- V, The television series, as well as the interactive components of the project propose a fresh approach to edu- cate, inform and help disseminate the ocean safety message. Through its innovative creative approach and use of cutting-edge technology, "SAVING LIVES'will undoubtedly become a model of effective water safety prevention for years to come. It is our firm belief that it will indeed help save lives - and we can only hope that it will receive the endorsement and support of as many people as possible. THE PRODUCTION TEAM Jennifer Marcil - Executive Producer Jennifer has a strong business background with an MBA from Loyola University of Chicago concentrat- ing in finance. As part of a task force, she participat- ed in strategic planning and implementation of the worldwide budget for a top international accounting firm. Moving on to investment research, she forecast industry performances and her analyses were pub- lished weekly for a variety of industries including the entertainment sector. Jennifer has been involved in film and television production for over twenty years and her past work experiences include consulting for Disney Interactive to create projected budgets for the company, as well as various aspects of produc- tion (such as coaching child actors). In 2010, Jennifer moved to Kauai where she started 413ventures LLC, a multimedia production company that aims at creat- ing high quality projects. She was Executive Producer for the one -hour documentary special "The Perfect Song', as well as the short film "Ho'ouluwehi Center at Ka'apuni , which has been submitted to the 2013 .Y. J .V h,. 4..... +}` t V. y Sundance Film Festival. Last summer, she was intro- 'W duced to the Kauai Junior Lifeguards when her two daughters participated in the'Keiki Program: Her solid financial savvy, coupled with her on and off camera experience provide her with a uniquely balanced perspec- Serge Marcil - Creative Producer Over his 25 -year career, Serge has directed more than 300 hours of television programming for a range of broadcasters in two languages (English: Discovery Canada -US- Europe, National Geographic, Discov- ery Kids, YTV, CBC, Life Network, UK's Channel 5... / French: TV5 Canada - Monde, MusiquePlus, TFO, Ra- dio- Canada, Canal D, France 6...). Although he has directed many educational children's television series (classics such as "Popular Mechanics for Kids" (72 epi- sodes from 1997 to 2001) and "Mystery Hunters" (52 episodes from 2005 to 2008)), factual programs and other television genres, most of Serge's directing has been in the documentary genre. Many of the proj- ects he has done have gone on to win international awards (e.g. Parent's Choice Award, Alliance for Chil- dren andTelevision Award, Aurora Award, etc.), and he has been nominated three times by the Academy of Canadian Cinema and Television for a Gemini Award (Emmy equivalent) as "Best Director for an Informa- tion Program /Series ", and once for a Gemeaux Award as "Best Director for Children Program /Series" (A complete list of his work is given in Annex 03.) CONTACT Serge Maral Creative Producer (t) 808 212 6473 (e) smarcil @4Dventures.com (w) www.4Dventures.com FOOTNOTES 4Dventu res LLC 1. To be held in August 2013 in Manhattan Beach, California. 2. Personal safety skills, recognition of aquatic hazards, what to do if caught in a rip current, identification of beach flags, etc. 3. Lifesaving practices and techniques for the rescue of persons in distress (e.g. rescue using rescue buoys and surfboards, approaching a person in distress, etc.), information regarding emergency medical care treatment of persons injured in or around the water (e.g. CPR, First Aid, etc.), scene safety, activation of an emergency plan, etc. 4. Being assertive, working as a team, being a good listener, being brave, being in excellent physical condition, etc. 5. If someone is interested in learning specifically about first aid training for example, itwill be possible forthat person to enter "first aid training" as key words in the Content Search Box to immediately be given access to all segments of all episodes relating to the subject of first aid training. 6. Users seeking ocean reports for the island of Kauai will for example be redirected to www.kaua'iexplorer. com/ocean.report/ . 7. Ways of increasing the visibility of the project will be studied, and great efforts will be made to make this content readily available to the general public at the airport, at car rental agencies, at shopping centers, at hotel lobbies, and through Hawaii visitor's television channel. 8. When witnessing an emergency - whether it concerns someone experiencing serious problems in the water or someone in immediate need of medical assistance. 9. Eight teenagers, as well as all of those directly involved with the production of the project. 10. Expectations, responsibilities, concerns, etc. ANNEX 01. MISCELLANEOUS FACTS Junior Lifeguard Program The Kaua'i Junior Lifeguard Program started in 1997 with about a dozen youngsters. This year, 225 partici- pants registered to the summer program, and Kaua'i still reigns as state champions, a title they've earned for the past nine consecutive years. The 2012 Junior Lifeguard Program involved more than 400 youngsters across the state of Hawaii. At the'2012 State of Hawai'i Junior Lifeguard Championships', held at the Ala Moana Beach Park, Oahu on July 28, teams from Kauai, Maui, and Hawaii competed in various events that included a 1,000 meter beach run, 250 meter swim, 400 meter board paddle, 100 meter run swim run and beach flags. The'2013 State of Hawaii Junior Lifeguard Championships'will take place on the island of Maui in July. The '2013 United States Lifeguard Association's National Lifeguard Championships' will be held in Manhattan Beach (California) in August, and plans are being made to send a team to represent the State of Hawaii. Kauai Ocean Safety Bureau The Kaua'i Ocean Safety Bureau currently staffs 10 state of the art, fiberglass surveyor towers covering the coastline from Ke'e Beach to Kekaha Beach. The Bureau is staffed with 45 fulltime OSB personnel and utilizes 11 pickup trucks, 8 all- terrain vehicles (ATV) and 5 jet skis outfitted with rescue sleds, in addition to floatation devices and information on how to save a drowning victim at 100 locations. These figures reflect the highest number of OSB personnel, enhanced rescue equipment and surveyor towers in operations in the history of the island. The OSB's educational risk reduction strategies currently include school visitations, career days, public service announcements, as well as having ocean safety signs and brochures situated at the airport and hotels, ocean safety videos playing on the Kauai visitor's information channel and sponsoring an educational website called Kauai Explorer. "SAVING LIVES" The "Saving Lives" project shares both the Ocean Safety Bureau and Kaua'i Lifeguard Association's missions of promoting water safety awareness and educating people of dangers that could occur while visiting beach locations. Furthermore, it supports the OSB's objectives of. • decreasing drowning and water related injuries through an innovative /popular approach • promoting Kauai's guarded beaches as safe visitor destinations and safe recreational areas for residents • establishing collaborations and partnerships between public and private entities to promote water safety • providing first aid and rescue support services for the general public - through the interactive components of the project. ANNEX 02: "Youth Patrol" Written by Catharine Lo (taken from'Hana Hou: The Magazine of Hawaiian Airlines'- Feb. /March 2011) Their numbers are inked on their arms, but some have gone further by writing on their backs with Sharpies. The competitors from Kaua'i have "True North "and "Top of the Island Chain Rep"The kids from Maui: "Maui Boys "and "Kihei Boy. "Hawai'i Island: "FBI" ("From Big Island"). The Oahu contingent sports North Shore Life- guard Association tees, with the girls'shirts fashionably knotted at the waist. One hundred and fifty top achievers from each island - ages 13 to 17 - line the shore at Kalapaki Beach, Kaua'i, to compete in the 2010 Junior Lifeguard State Championship. A brigade of senior lifeguards in their signature yellow shirts and red shorts beam from behind their polarized glasses. Some of the Islands' most illustrious watermen are on hand: Kaua'i lifeguard captain and world champion tandem surfer Kalani Vierra, outrigger sailing canoe captain Marvin Otsuji, longtime Pipeline lifeguard Mark Cunningham and Makaha canoe surfing steersman Mel Pu'u. The junior guards will test their mettle in five events: a 1,000 -meter run, beach flags (a crowd - pleasing adap- tation of musical chairs), a 100 -meter run /swim /run, a 200 -meter swim and a six - person paddleboard relay. "It's ruthless," says Kaua'i's Sarah Faraola, describing the level of competition. But the 16- year -old has little to worry about: The Kauai Junior Lifeguards have the home -beach advantage. Faraola, a six -year junior guard veteran, goes on to take second in the 15- to- 17- yearold girls' 1,000 -meter run behind fellow Kauaian Lianna Patey. Teammate Pierce Murphy wins the boys' 15 -to -17 division for the third consecutive year. The Kaua'i kids represent in beach flags as well, where they race to grab twelveinch sections of garden hose —the "flags " — planted in the sand. Twenty -five yards away the contestants lie flat next to each other in a row, stomach down, with their elbows out and hands crossed under their chins. "Heads up! "the official calls. All heads lift. "Heads down! "the official shouts. Heads drop. At the whistle the competitors pop up, turn and charge for the flags, often diving for a piece of hose. There's one less flag than the number of players, and whoever comes up short is toast. Kaua'i sweeps the event, taking first, second and third place in the girls' 13 -to -14 and girls' 15 -to -17 beach flags. They've also taken the boys' 15 -to -17 run. The results aren't surprising — Kaua'i has held the title of state champion six years running, and they're poised to capture a seventh. According to water safety advocate Rebecca Johnson, drowning remains the second leading cause of death of children in developed countries. "For every child that drowns," she stresses, "another ten almost drown," leaving many with permanent trauma or handicaps. Johnson presented these statistics at the 2010 State of Hawaii Drowning Prevention and Ocean Safety Conference, which took place at the Kauai Marriott Resort adjacent to Kalapaki Beach the two days prior to the competition. While the junior lifeguard programs acclimate kids to the water and strengthens their swimming abilities, "the spinoff is so important," says Ralph Goto, Honolulu's ocean safety administrator for the past three de- cades. By teaching CPR, first aid and rescue techniques, he adds, it turns participants into skilled lifesavers who can assist professional lifeguards in emergencies —they become what Kaua'i Lifeguard Association President Monty Downs calls "force multipliers" On Oahu the junior lifeguard program reaches about 1,200 youth with two months of week -long sessions led by Honolulu lifeguards. O'ahu's North Shore Lifeguard Association organizes a separate summer pro- gram staffed by off -duty lifeguards. Kaua'i hosts approximately 250 participants each summer, and Maui and Hawai'i Island, 130 and 60, respectively. There are similar programs in coastal states like New Jersey, New York, Florida, Virginia and California. The most popular are in California —the Newport Beach program is in such high demand that it charges $600 to participate. HawaiTs junior guard sessions, meanwhile, are free, supported by donors and sponsors. Junior lifeguard programs evolved separately on Kaua'i, Maui, Oahu and Hawaii Island, with training that addresses the conditions and environmental challenges specific to the beaches on these islands. On north - facing beaches, for example, lifeguards must work under highsurf advisory conditions that don't usually affect the south shores. The greatest hazard at one beach might be undertow; at another it's sharp reef. While individual junior guard programs focus on the risks guards are likely to encounter, they share the aim of empowering kids with the skills and awareness they need to be safe in the ocean. Former lifeguard Pat Durkin, who helped kick off KauaTs junior guard program, teaches ocean safety to kids beginning at age 8. The purpose of his work and the mission of the junior lifeguards, he explains, is twofold: "One, don't be a statistic. Two, learn to recognize a distress situation and know how you can help" Have the Kauai junior guards helped? Most definitely, says Kaua'i instructor and seventeen -year lifeguard veteran Eugene Ancheta. On several occasions he whistled to junior guards out surfing to tow distressed swimmers back to shore. Sarah Faraola recounts how she and some friends recently assisted swimmers off Kealia Beach. "They were trying to swim but weren't getting anywhere. They stayed in the same place. So we paddled out to them on our surfboards and told them to grab our leashes. Sometimes people think they're OK, but by the time they realize they're in trouble, they're already tired. Then they get frantic" The Kaua'i program gets strong support from parents who recognize how valuable it is in a place like Kaua'i, which is surrounded by notoriously rough and unpredictable water. They encourage their kids to sign up year after year, and the kids encourage their friends to join, too. Credit for what makes the Kaua'i program so exceptional, though, goes to the coaches who devote their time, giving personal attention and positive reinforcement. "These kids are really hungry, quick learners, "says Kalani Vierra, who's been involved with the Kaua'i junior guards program since its inception in 1997. "They have fun, and the experience helps them learn lifesaving techniques to use in situations where they probably wouldn't have acted before" "I used to tell parents that before junior guards came about, their kids would be hanging out at the beach, drinking, smoking and ripping off cars, says Goto. Instead, the summer program leaves kids with a deep respect for what it means to be a Hawai'i lifeguard working in what Goto calls "some of the most challenging environments in the universe" KauaTs summer junior lifeguard sessions are intensive. Kids learn to recognize beach and ocean hazards. How do you escape a rip current? How do you relieve jellyfish stings? How do you rescue a conscious versus an unconscious victim? They learn CPR, first aid and how to conduct rescues with equipment like surfboards, bodyboards and fins. A daily regimen of stretching, running and swimming gets the kids conditioned. They practice push -ups and pop -ups to ready them for the beach flags event. They race around buoys with pad - dleboards. But it's not all grueling training. The junior lifeguards surf, bodyboard, jet -ski and socialize. The one word repeatedly used to describe the program is simply "fun." It's fun for the instructors, too. "I wish they had this kine program when I was young, "says Ancheta, who grew up in Kapa'a. He says he was afraid of the water "big time "after being pushed into a swimming pool without knowing how to swim. Eventually after high school he did learn, and he went on to excel as a triathlete (he competed in the 1991 Ironman). Later he became a high school track and swimming coach before becom- ing a lifeguard. A handful of KauaTs junior guards have gone on to become Kaua'i County lifeguards. "If a kid doesn't know how to swim, I will take the time to help him out, because I don't want what happened to me to happen to any of them," says Ancheta, who has seen scores of teenagers through the program. "Sometimes it's hard. We can bring only thirty kids when we compete off - island. I want to bring them all. Sometimes I wish I could give up my tickets. At the awards ceremony the suspense grows as individual medals and goody bags are handed out. Event sponsor OluKai presents a $12,000 check to support the junior lifeguard programs on all the islands. When the state champion is finally announced, it's met with a deafening scream. It's Kaua'i again, with a total of 187 points to beat Oahu (112 points), Hawai'i Island (61 points) and Maui (32 points). "I'm so amped! Lucky seven! "cries Dana Augustine, posing next to the trophy. The high school senior holds back tears. "My mom signed me up three years ago for the Kalapaki Beach session. I wanted to go body - boarding instead. I'm so glad I didn't. I love these people. "We're not cocky, but we have so much pride," she says. The junior guards showed her she could excel in sports even though she wasn't an exceptional athlete. "I tell people who haven't signed up yet,'You don't know what it's like to win a state title!"' "The most important thing they teach us is no matter where you are, you can be the one to make the dif- ference, "Augustine says. She's planning to apply for college and join the Air Force. But would she consider a career as a Hawai'i lifeguard? She grins. "That would be a dream job!" ANNEX 03: RESUME SERGE MARCIL Director / Writer / Field Producer ■ Nominated by the Academy of Canadian Cinema and Television for the 2006 Gemeaux Awards as "Best Director - Children Program / Series" ■ Nominated by the Academy of Canadian Cinema and Television for the 2000, 1999 and 1998 Gemini Awards as "Best Director - Information Program / Series" ■ Nominated by the Academy of Canadian Cinema and Television for the 1993 Gemeaux Awards as "Best Researcher - Cultural and Entertainment Program / Series" Fluently Bilingual (English / French) '10211 DREAM CRUISES Field Producer / Cameraman / Soundman 6 Episodes '10 -'11 SOLEIL TOUT INCLUS (French) Field Producer / Cameraman / Soundman 8 Episodes '09210 ROSES DES SABLES (French) Field Producer / Cameraman / Soundman 13 Episodes '08-'09 SURVIVE THIS Director 5 Episodes 108-109 PLUS LOIN, PLUS SPORT (French) Director 10 Episodes '02 -'08 MYSTERY HUNTERS Director 52 Episodes '07 -'09 ACTIVE -TOI (French) Director / Writer 15 Episodes '05 -'07 PRANK PATROL Director 10 Episodes '05 -'07 LA QUITE (French) Director / Writer 15 Episodes Megafun Productions (Travel Channel - tvasion) Megafun Productions (evasion) Megafun Productions (M6, tvasion) 9Story Entertainment (Cartoon Network - YTV) Megafun Productions (TV5) Apartment 11 Productions (Discovery Kids, YTV) Instinct Films (TFO) Apartment 11 (YTV) Instinct Films (TFO) Productions 2006 MAD LAB Director / Writer 4 Episodes '04 -'06 MY BRAND NEW LIFE - JE VIS TA VIE Director / Writer 10 Episodes 2005 THE GREATEST EVER... Director / Writer 1 Episode 2005 EDIBLE INCREDIBLEI Segment Producer 10 Episodes 2004 WHAT'S THAT ABOUT? Director 3 Episodes 2003 IN SEARCH OF THE DINOSAUR TREE Director / Writer 1 -hour Documentary Special 2003 FEAR FIGHTERS Director / Writer 3 Episodes '00 -'03 DOGS WITH JOBS Director / Writer 39 Episodes '00 -'02 FAMOUS HOMES AND HIDEAWAYS Director 22 Episodes '97201 POPULAR MECHANICS FOR KIDS Director / Writer 72 Episodes '0041 BRAINBOUNCE Director 2 Episodes '9841 Y.A.A. - Director / Writer 24 Episodes TO THE MAX 2000 L'ART D'ETRE PARENT (French) Director 3 Episodes Cineflix Canada / England (National Geographic, Discovery) Instinct Films (YTV, TFO) Cineflix Canada / England (Discovery, UK's Channel 5) Apartment 11 (CBC) Productions Pixcom (Discovery, RDI) Greenspace Prods. / Tele- Images (Discovery, France 5, etc.) CMJ Productions (Discovery, Canal D) Cineflix Productions (National Geographic, Life) Zone 3 / Hearst Entertainment (US syndication, WTN) TVA International / Hearst Ent. (US syndication, Global, SRC) Megafun Productions (TVO, TFO) TVA International (WHAM, YTV) Telefiction (Canal Vie) '98-'01 STREET CENTS Field Producer/ Writer 20 Segments '9V99 LES DEBROUILLARDS (French) Field Producer/ Writer 12 Segments '96 '97 TOURNEE DU GRAND DUC (French) Director 1996 L.A. JAVA Director (Internet Sitcom) 1996 R.D.F. PRESENTS... Associate Producer '95 -'96 JUST KIDDING Director / Associate Producer 1995 VEST JUSTE UNE FARCE (French) Director / Writer 13 Episodes '90 '95 PERFECTO, DALAI LAMA SPECIAL, etc. Director / Field Producer / Researcher / Writer 1989 'Live Sporting Events' Assistant Director EDUCATION 1986 B.A. 1982 D.E.C. es Arts Concordia University Ahuntsic College CBC (CBC) Motion International (SRC) Coscient Productions (TV5 International) Keppler Entertainment (Los Angeles) RDF Television inc. (London) (BBC - England) Productions Films Rozon inc. (RTL - Germany) Productions Films Rozon inc. (SRC) MusiquePlus / MuchMusic (MusiquePlus / MuchMusic) RDS / The Sport Network (RDS / The Sport Network) Television / Communications Cinema 4jpwg� r" 4* e ANNEX 04: Documentary filmmaker makes Kauai his home �# Written by Tom Laventure (taken from The Garden Island - July 2V2012) „! ' � f Ok Fr �y Kaua'i is a long way from his native Montreal, but Serge Marcil and his family say it has become home for many reasons. w ; As an independent director and videographer, Marcil was globe- hopping on television documentary assign- ments for several cable channels. Kaua'i was a favorite vacation spot and is now a home base for a production company, 4Dventures, as his career takes a turn toward producing. "I became familiar with Hawai'i while filming for the Travel Channel," said Marcil, the company's creative pro- ducer. For the past 25- years, Marcil said he has filmed or directed more than 300 hours of television programming for a range of broadcasters in French and English. The bulk of his diverse directing and filming are factual programs and documentaries. His work can be seen on the Discovery Channel of Canada, U.S. and Europe; National Geographic, Discovery Kids, YTV, CBC, Life Network, UK's Channel 5. His French language work includes TVS; Canada - Monde; Mu- siquePlus,TFO; Radio- Canada, Canal D; and France 6. Marcil said he has directed many children's educational television series including 72 episodes of "Popular Mechanics for Kids from 1997 to 2001. He also directed 52 episodes of "Mystery Hunters "from 2005 to 2008. His work was nominated three times for the Academy of Canadian Cinema and Television's "Gemini" Award - the Canadian equivalent of the Emmy — for "Best Director for an Information Program or Series" He was also nominated for a Gemeaux Award as "Best Director for Children Program or Series" Marcil met his wife Jennifer while working in Los Angeles. The two moved to Montreal in 1995, as work began to shift towards "Hollywood North," a term he said came as Canadian incentives welcomed more film produc- tions to Montreal and Toronto. With his documentary and educational video work requiring frequent trips to Europe, Asia and Africa, Marcil said he was away for weeks at a time. As he decided to shift away from travel work, the family, including a spouse and two daughters, moved to Kaua'i in 2010. "I was gone for three weeks at a time and my wife and I decided that Kaua'i was comfortable and we decided to make this our home" Marcil said. The couple formed 4Dventures with Jennifer as executive producer. Marcil's background in international film- making proved helpful for producing in Hawai'i, he said. Kaua'i is a great place to continue freelance work with the occasional film assignment to pay the bills, he said. The goal is to cut down on the traveling projects while dedicating more time to producing. The first half -year was an opportunity to get to know everyone in business on the island, he said. This led to filming the Kaua'i Music Festival for a one -hour program, along with work for Hawai'i television, and eventu- ally his own high- definition film work. Marcil said he enjoyed the music festival and said his six years with MTV programming helped prepare him with a lot of music video experience. Traveling around the world. Marcil has an appreciation for the environment and it is reflected in his projects. After meeting with Kaua'i Community College (KCC) staff and Prof. Eric Knutzen, director of the Sustainable Living Center, Marcil suggested a way to bring the emerging media communication department together. He created a course on digital media production with a focus on conservation documentaries. It is related to a current project to be completed in August and entered in the General Electric Focus Forward international documentary short competition on the theme of innovation and technology. The film focuses on Kaua'i as a sustainable living leader. It showcases a sustainable housing project that was brought about by partnerships between the county, KCC carpentry students, nonprofits and private industry. "Its amazing stuff," Marcil said. "This is an incredible model of sustainability and I am very happy to promote the project and the company and my work. What they are doing is great and the county and the state is be- hind them." s. Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director OFFICE OF THE COUNTY ATTORNEY County of Kaua`ii, State of Hawai`ii 4444 Rice Street, Suite 220, LYhu`e, Hawaii 96766 -1300 TEL (808) 241 -4930 FAX (808) 241 -6319 September 28, 2012 Kurt Akamine, Chairperson and Members of the Board of Ethics Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu'e, Hawaii 96766 Re: Request for Advisory Opinion by Fire Commissioner Mike Nagano, Alfred B. Castillo, Jr. County Attorney Amy I. Esaki First Deputy 282012 BOARDS & COMMISSIONS Aloha Chair Akamine and Members of the County of Kauai Board of Ethics, Fire Commissioner Mike Nagano is requesting and advisory opinion pursuant to Kaua'i County Charter section 20.05 (D) (2) and Rule 5.1 of the Kaua'i County Board of Ethics Rules and Regulations on the following question(s): (1) Is there a conflict of interest for Mr. Nagano to sit as a Fire Commissioner and also be employed by National Fire Protection, Inc? National Fire Protection, Inc. is a full service fire protection contractor that provides quality products and services at cost - effective price points. (See attachment "A ") They provide inspection, testing, maintenance, and construction of every type of fire protection system. Their certified fire protection professionals offer to manage their customer's: Portable and wheeled fire extinguishers. • Emergency and Exit Lights Building fire hoses, pipes, and valves. Street fire hydrants. Buiding/Warehouse /Hangar fire sprinklers. Kitchen /restaurant range hood fire suppression. • Clean agent fire suppression systems. Fire alarm systems. RAO 12 -008 Mass notification systems. Alarm 24/7/365 monitoring. National Fire Protection, Inc., is local, nationally, NICET, and manufacture certified. Their company has special capabilities in the following types of projects: • Medical Facilities (hospitals, clinics, out - patient) • Computer Data Processing (LAN/WAN rooms, Clean Rooms, Server Farms) • Defense - oriented (all military bases) • Residential (single or multifamily, retirement homes, day care) • Education (private, state, government) • Hospitality and Resort Facilities • Restaurants and Kitchens • Industrial (petrochemical, wind farms, photovoltiac facilities, and warehouses) • Special situations not normally considered As the Kaua'i Representative of National Fire protection Inc., Mr. Nagano provides inspection, testing, maintenance, and construction services for his customers. He does interact with the Kaua'i Fire Department by calling the Fire Department to arrange for Fire Department personnel to witness his inspections and calls them for guidance regarding fire code and fire standard interpretations. Because I am the Deputy County Attorney assigned to the County's Fire Commission and because I have been requested to prepare this request on behalf of my client, I am authorized to make this request for an advisory opinion. Thank you for your consideration in this matter. Please contact me if you need any supplemental information pursuant to Rule 5.1 (c). Mahalo, na-K�a Trask Deputy County Attorney Attorney for the Fire Department, County of Kaua'i National Fire Protection - Home N - NATIONAL FIRE PROTECTION Ff O • Contact • Free Quote • Home • About Us • Suppression Systems • Kitchen Hood • Portable Extin ishers • Halon 1301 • FM -200 / HFC -227ea • ECARO-25 / HFC -125 / FE -25 • NOVEC 1230 / Sapphire / FK- 5 -1 -12 • Inergen I IG -541 • Proinert f IG-55 • CO2 • Dry Chemical • Water Mist • Fire Sprinkler • Fire Hose • Large Water Pump Delivery Systems • Firefigbting FOAM Products • Vehicle Systems • Alarm Systems • Fire Alarm Systems • GSA (Government) Fire Alarm Systems • Mass Notification • FCI -7200 Upgrade Program • 24/7/365 Alarm Monitoring • Audio Visuals • Smoke Detectors • Residential Smoke /CO Detectors • Heat Detectors • Linear Heat Detection • VESDA / HSSD • Video Smoke Detection Page 1 of 6 National Fire Protection - Inspection & Testing • Flame Detection • Gas Detection • Inspection & Testing • Projects • Current • Legacy • Fire Prevention • For the kids • For your home • For the elderly • For the workplace • For your community • FEMA Life Safety • Your local fire department • Fire Protection Higher Education Tramn� Fire News • Local Hawaii Fire News • NFPA Codes and Standards News • Press Release Inspection & Testing Page 2 of 5 National Fire Protection Inc. is a local fire protection company with a local reputation as a full service fire protection contractor that provides quality products and services at cost - effective price points. We provide inspection, testing, maintenance, and construction of every type of fire protection system. With fully capable offices on Oahu, Maui, Big Island, and Kauai we are able to provide standardized statewide fire protection solutions like none other. Our certified fire protection professionals (with over 265 total years of fire protection experience combined) can help you i�iY.iiB:�f • Portable and wheeled fire extinguishers. • Emergency and Exit Lights • Building fire hoses, pipes, and valves. • Street fire hydrants. • Buiding/Warehouse/Hangar fire sprinklers. • Kitchen/restaurant range hood fire suppression. • Clean agent fire suppression systems. • Fire alarm systems. • Mass notification systems. • Alarm 24/7/365 monitoring. We are local, nationally, NICET, and manufacture certified so that we can make your life safety responsibility our top priority. Our company has special capabilities in the following types of projects: • Medical Facilities (hospitals, clinics, out - patient) ` National Fire Protection - Inspection & Testing • Computer Data Processing (LAN/WAN rooms, Clean Rooms, Server Farms) • Defense - oriented (all military bases) • Residential (single or multi - family, retirement homes, day care) • Education (private, state, government) • Hospitality and Resort Facilities • Restaurants and Kitchens • Industrial (petrochemical, wind farms, photovoltiac facilities, and warehouses) • Special situations not normally considered Page 3 of 5 These construction activities are supported by a strong company commitment to provide all necessary inspection, testing and maintenance services for all types of systems. No matter what the schedule or scope of your next project, we are the fire protection systems choice for you. In this high -speed world we live in of overnight mail, faxes and e-mail we haven't forgotten that it's still about "people doing business with people." Home Fire Sprinklers Schedule 84 I IN ial Apff4 1gPRTS wit hv'r d oy'I t I I s ' I l EMAIL US TO LEARN MORE ABOUT GSA SCHEDULE 84 » HAWAII REPORTS COM1 a i FEBMD ' National Fire Protection - Home National Fire Protection Inc. has built a local reputation as a full- service protection contractor that provides quality products and services at cost- effective price points. With offices on Oahu, Maui, Big Island, and Kauai we are able to provide standardized statewide fire protection solutions like none other Our certified professionals can help you manage your fire extinguishers, suppression systems, fire alarm systems, and fire detection & control equipment_ We are NICET and manufacturer certified so that we can make your life safety responsibility our top priority. .DDRESSING THE NEEDS CF L00 `.L i:C %l ;rfy9UNITY IN FIRE PRE'.#ENTI0N AN r." PROTECTION SCLUTiCtINS Pease cal foi a free I fe cafet, consultation ►►► Page 3 of 6 • Fire Alarms • Fire Sprinklers • Range hoods • Fire Extinguishers • Fire Pumps • Foam Fire Systems • Emergency Liehts • Smoke Detectors • MASS Notification • Engineering Design • Government & Local • inspection & Testing • Maintenance • ANSUL • FIKE • Gamewell FCI • Pyro -Chem • VESDA • Backflow Tesrine National Fire Protection 808448 -8811 www.notionnifireine.com info @nationalfireinc.com