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Home My WebLink About2012_0713_Notice_Agenda_Amended Kurt Akamine Members: Chair Kathy Clark Calvin Murashige Mark Hubbard Brad Nagano Vice-Chair Paul Weil Warren Perry Secretary COUNTY OF KAUAI BOARD OF ETHICS AMENDED NOTICE OF MEETING AND AGENDA Friday, July 13, 2012 9:00 a.m. or shortly thereafter Mo'ikeha Building, Liquor Conference Room 3 4444 Rice Street, Lihu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of June 8, 2012 REQUEST FOR ADVISORY OPINION RAO 12-003 Email dated 6/13/12 from Councilmember KipuKai Kuali'i withdrawing his request for an advisory opinion as to whether he has a conflict of interest if he participates in County Council agenda items as relates to the Office of the Prosecuting Attorney's VOCA program, and the Office of Economic Development. Request to be resubmitted to the Board of Ethics for the August 10 meeting DISCLOSURES for review and examination by the Board of Ethics a. Shaylene Iseri-Carvalho (Candidate for Prosecuting Attorney b. Jane Gray(Historic Preservation Commission) c. Danita Aiu (Historic Preservation Commission) d. Benjamin Lizama, Jr., (Board of Review) e. Jimmy Miranda(Fire Commission) f. Michael Nagano (Fire Commission) g. Jay Furfaro (Candidate for County Council) h. Stephen Long (Historic Preservation Commission) i. Nadine Nakamura(Candidate for County Council) j. Tim Bynum(Candidate for County Council) k. Dick Chang (Candidate for County Council) 1. Ross Kagawa (Candidate for County Council) m. JoAnn Yukimura(Candidate for County Council) n. Luke Evslin(Public Access, Open Space Commission) o. Gary Hooser(Candidate for County Council) 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-17: Executive Session Minutes of June 8, 2012 ES-21: BOE 2012-15 Confidential communication from the County Attorney providing the Board of Ethic with a copy of a report raising significant concerns about potential misappropriation and use of County resources Pursuant to H.R.S. §92-4 and H.R.S. 92-5 (a) (2) and(4), the purpose of this executive session is to consider the evaluation, dismissal or discipline of an employee or officer of the County in which charges have been alleged against an employee or officer where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held; and to consult with the Board's legal counsel on issues pertaining to the Board's and the County's powers, duties, privileges, immunities, and/or liabilities as they may relate to this item, deliberate and take such action as appropriate. ES-2: BOE 11-003 Letter dated 11/25/11 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—July 13, 2012 ES-8: BOE 12-002 Letter dated 2/1/12 requesting the Board of Ethics to initiate an investigation into an allegation that an employee or officer of the County has improperly used County property for other than public activity or purpose a. Resolution 2012-1 amending Resolution 2011-1, adopted March 9, 2012, defining the scope for an investigation into an allegation that an employee or officer of the County has improperly used county resources and or County property for other than public activity or purpose (ongoing) ES-16: BOE 12-004 Complaint dated 5/10/12 alleging that an employee or officer of the County is improperly using County property for other than public activity or purpose (deferred 6/8/12) ES-18: BOE 12-005 Complaint dated 6/1/12 alleging that an employee or officer of the County has used discriminative and or biased decision making regarding benefits ES-19: BOE 12-006 Request from an employee or officer for an opinion from the Board of Ethics dated 6/3/12 as to whether conflicts of interest exist in actions taken by another officer(s) or employee(s) of the County ES-20: BOE 12-007 Complaint dated 6/12/12 alleging that an employee or officer of the County improperly disclosed information not available to the public and acquired in the course of their official duties ES-22: BOE 12-008 Complaint dated 7/6/12 alleging an employee or officer's bias or prejudice on an on-going matter in which the employee or officer is required to take official action. RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES-17, ES-21, ES-2, ES-3, ES-7, ES-8, ES-16, ES-18, ES-19, ES-20, and ES-22 ANNOUNCEMENTS Next Meeting: Friday, August 10, 2012—9:00 a.m., Mo'ikeha Building, Liquor Conference Room ADJOURNMENT 3 1 P a g e Board of Ethics—July 13, 2012 NOTICE OF EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes §92-7 (a), the Commission may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to HRS §92-4 and shall be limited to those items described in HRS §92-5(a). c: Mona Clark, Deputy County Attorney PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours prior to the meeting indicating: 1. Your name and if applicable, your position/title and organization you are representing; 2. The agenda item that you are providing comments on; and 3. Whether you will be testifying in person or submitting written comments only. 4. If you are unable to submit your testimony at least 24 hours prior to the meeting,please provide 10 copies of your written testimony at the meeting clearly indicating the name of the testifier; and While every effort will be made to copy, organize and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The length of time allocated to persons wishing to present verbal testimony may be limited at the discretion of the chairperson or presiding member. Send written testimony Board of Ethics Attn: Barbara Davis Office of Boards & Commissions 4444 Rice Street, Suite 150 Li-hu`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. 4 1 P a g e Board of Ethics—July 13, 2012