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HomeMy WebLinkAbout2012_1116_Agenda_Meeting Packet 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 NOTICE OF MEETING AND AGENDA Friday,November 16, 2012 1:30 pm or shortly thereafter Mo'ikeha Building, Liquor Conference Room 3 4444 Rice Street, L-1hu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of October 12, 2012 REQUEST FOR AN ADVISORY OPINION RAO 12-009 Letter dated 10/2/12 from JoAnn A. Yukimura, Council Vice Chair, Kaua'i County Council, requesting an Advisory Opinion related to a campaign donation from an applicant for a zoning amendment that will come before the Council for decision-making in the next two months RAO 12-010 Letter dated 10/15/13 from Tim Bynum, Councilmember, Kaua'i County Council requesting an expedited review and Advisory Opinion relating to his participation in Council agenda items/Council issues involving the Office of the Prosecuting Attorney RAO 12-011 Letter dated 11/2/12 from Deputy County Attorney Mauna Kea Trask as legal counsel for the Kaua'i Fire Department as to whether a revised request for a 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 are allowable under the County of Kaua'i Code of Ethics 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. (Deferred from 10/19/22) 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-32: Regular Executive Session Minutes of October 12, 2012 Pursuant to H.R.S. §92-4 and H.R.S. 92-5 (a) (2) and (4),the purpose of this executive session is to consider the evaluation, dismissal or discipline of an employee or officer of the County in which charges have been alleged against an employee or officer where consideration of matters affecting privacy will be involved;provided that if the individual concerned requests an open meeting, an open meeting shall be held; and to consult with the Board's legal counsel on issues pertaining to the Board's and the County's powers, duties,privileges, immunities, and/or liabilities as they may relate to this item, deliberate and take such action as appropriate. ES-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) b. Production of materials, documents, records and response to Subpoena Duces Tecum and related information and materials. 21 Board of Ethics—November 16, 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(Ongoing) a. Departmental policy and practice on usage of County property ES-33: BOE 12-010 Complaint dated 10/31/12 alleging that an employee or officer of the County used their position to secure a special benefit for others RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES-2, ES-3, ES-7, ES-8, ES-16, ES-32 and ES-33 ANNOUNCEMENTS Next Meeting: Friday, December 21,2012—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 §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 31 Board of Ethics—November 16, 2012 3. Whether you will be testifying in person or submitting written comments only. 4. If you are unable to submit your testimony at least 24 hours prior to the meeting,please provide 10 copies of your written testimony at the meeting clearly indicating the name of the testifier; and While every effort will be made to copy, organize and collate all testimony received,materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The length of time allocated to persons wishing to present verbal testimony may be limited at the discretion of the chairperson or presiding member. Send written testimony to. Board of Ethics Attn: Barbara Davis Office of Boards & Commissions 4444 Rice Street, Suite 150 Lhu`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. 41 Board of Ethics—November 16, 2012 COUNTY OF KAUAI �bftw Minutes of Meeting OPEN SESSION Board/Committee: BOARD OF ETHICS Meeting Date I October 12,2012 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 9:00 a.m. End of Meeting: 11:00 a.m. Present Vice-Chair Mark Hubbard; Secretary Warren Perry; Members: Kathy Clark; Brad Nagano Also: Deputy County Attorney Mona Clark; Boards & Commissions Office Staff. Support Clerk Barbara Davis; Administrator Paula Morikami; Deputy County Attorney Mauna Kea Trask; Lt. Robert Craddick, Kauai Fire Department Excused Chair Kurt Akamine; Calvin Murashige; Paul Weil Absent SUBJECT DISCUSSION ACTION Call To Order Vice-Chair Hubbard called the meeting to order at 9:00 am with a quorum of 4 members present Approval of Regular Qpen Session Minutes of September 14, 2012 Mr. Perry moved to approve the minutes as Minutes circulated. Mr. Nagano seconded the motion. Motion carried 4:0 Special Open Session Minutes of September 19, 2012 Mr. Perry moved to approve the minutes as circulated. Ms. Clark seconded the motion. Motion carried 4:0 Request for an Deputy Attorney Trask requested the Board to consider RAO 12-008 as the Advisory first request since Lt. Robert Craddick of the Fire Department was present Opinion for that agenda item. The Board granted permission. RAO 12-008 Letter dated 9/28/12 from Deputy County Attorney Mauna Kea Task 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 o Fire Department personnel to witness his inspections and to receive N guidance regarding fire codes and fire standard interpretations CD co Board of Ethics Open Session October 12, 2012 Page 2 SUBJECT DISCUSSION ACTION Attorney Trask asked Lt. Craddick to explain what he does since he is specifically the person who deals with Mr.Nagano. Lt. Craddick stated he is the one who examines the plans, does public education and fire investigations. The Department deals with Mr.Nagano the same as with any other fire protection company for scheduling of acceptance tests for new hood systems, suppression systems, and alarm systems. If the Department is doing routine business inspections it is possible to run across Mr. Nagano's company's tag on existing systems that are annually inspected. On occasion Mr.Nagano will call asking for code interpretation or an overview of what the Fire Department thinks he should be doing in regard to the standards and code that regulate what they do. Ms. Clark thought Mr. Nagano's knowledge through the National Fire Protection, Inc. would be a benefit to sitting on the Fire Commission. Attorney Trask said the Fire Commission's duties,responsibilities and obligations include ensuring the honest and effective administration of the Fire Department generally, without getting involved in the day-to-day administrative operations as well as hiring and firing the Fire Chief. They are the appointing authority for the Chief and they field complaints from the public regarding the Fire Department. Mr. Hubbard asked Lt. Craddick if he thought Mr. Nagano had a conflict in working for the National Fire Protection, Inc., and being a member of the Fire Commission. Lt. Craddick responded no; not at all. It is just like any other person who is an architect or an engineer and whose plans come across our desk for stamping the plans. Lt. Craddick said he interacts with Mr. Nagano in the same way as any other business or professional person. In response to Ms. Clark's question, Mr. Nagano likewise would not get Board of Ethics Open Session October 12, 2012 Page 3 SUBJECT DISCUSSION ACTION work from his being on the Fire Commission. Attorney Clark asked what type of presentations Mr.Nagano makes to the Fire Department. Lt. Craddick said Mr. Nagano would call for a new system to be commissioned for a suppression system at a restaurant and Lt. Craddick assigns one of the inspectors who will fail or pass the system according to the standards and codes. Asked if Mr. Nagano would be present as the inspection occurs, Lt. Craddick said typically yes. Mr. Nagano's company also has people come in from Honolulu for different systems they install. They do fixed suppression systems which require an acceptance test that has to be witnessed by an inspector. Mr. Hubbard asked how long Mr. Nagano had been a Fire Commissioner and employed by National Fire Protection. Attorney Trask said Mr.Nagano was appointed earlier this year to the Fire Commission and his career is in the fire inspection industry but Attorney Trask did not have knowledge of how long that has been. Lt. Craddick stated that he has been dealing with Mr.Nagano for around three to five years. Attorney Clark directed the Board to the County Code, Section 3-1.7, Conflicts of Interest, which lists what employees can do. Employees are defined as including members of Boards and Commissions which says no councilman or employee shall assist any person or business or act in a representative capacity for a fee or other compensation............before the agency of which he is an employee. Mr. Hubbard said that is similar to 20.02 D of the Charter which says no employee shall appear in behalf of private interest before any county board, commission or agency. What the Deputy Attorney cited is narrower and has to do with a transaction if you appear or assist a business. Mr. Hubbard said Board of Ethics Open Session October 12, 2012 Page 4 SUBJECT DISCUSSION ACTION there are firefighters who are employed by private interests that deal with the Fire Department and who received approval from a prior Board of Ethics. Mr. Hubbard said on the surface it appears that just the fact that Mr. Nagano is a Fire Commissioner and is employed by a business that has some transactions with the Fire Department violates this section. It is not necessarily a conflict of interest but it violates 20.02 D and he questioned whether they were being too broad in letting others go. Attorney Trask said that was a good point and that is why this question arose. Some of our Boards and Commissions do require that industry individuals be on the board. Unlike the Planning Commission or other commissions that review permits and process such things, the Fire Commission does not get involved in the day-to-day operations or the decisions regarding situations like Mr. Nagano deals with. That is a distinguishing factor between the Planning Commission versus the Fire Commission. It is complex issue but if Mr.Nagano gets advice from this Board and follows it he is protected. Mr. Perry said the Chief is in charge of the entire Fire Department and he has subordinates of which some are inspectors who once in a while will inspect Mr.Nagano's work. The Fire Commission sits above the Fire Chief; there might be a conflict and he asked if Attorney Trask or Lt. Craddick could address that. Lt. Craddick said the inspectors are also members of the IAAI(International Association of Arson Investigators) and they have a canon of ethics that the Department is strictly held to, whether or not it is Mr.Nagano's work. The Department inspects on behalf of the Chief, who is like the fire marshal for the County. Although the staff is subordinate to him, they are independent of him in that they have to follow the strict standard according to the National Fire Protection Association Standards and the fire code that is the law through a legislative act at the Board of Ethics Open Session October 12, 2012 Page 5 SUBJECT DISCUSSION ACTION State level as well as the County ordinance. Does it make a difference that Mr. Nagano is a Fire Commissioner, not at all? Lt. Craddick said it was just recently he read in the Fire Commission minutes that Mr. Nagano was a Commissioner. Mr. Perry said he understands the need for the expertise of some people on the Fire Commission. Mr. Perry said he also understands there are two codes of ethics; the international one to which the inspectors comply as well as the County's code and this Board must apply the County's code. Attorney Clark interjected that the Board was not dealing with a subjective standard but an objective standard and the Board is not sitting in judgment of whether he believes he is doing something wrong or whether he is in fact doing something wrong. The Board is just being asked to apply the Code Mr. Perry moved that under RAO 12-008 there is and the Charter as you see applicable. a conflict of interest with regard to Charter §20.02 D and KCC §3-1.7 D relative to Mr. Mike Nagano sitting as a Fire Commissioner and being employed by the National Fire Protection. Mr. Nagano seconded the motion. Motion carried 4:0 RAO 12-007 Letter dated 9/10/12 from Deputy County Attorney Mauna Kea Trask as legal counsel for the Kauai Fire Department as to whether there is a conflict of interest for the 2013 Kauai Junior Lifeguard squad, Fire Department employees including Water Safety Officers. Comfy 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" ives„ Mr. Perry noted on page 2,paragraph 2 the letter stated According to the current ro osal 4Dventures will rely on the County to provide the Board of Ethics Open Session October 12, 2012 Page 6 SUBJECT DISCUSSION ACTION following support services: (1)Information—no problem (2)staffing and (3) the use of resources and equipment,for example ATVs,jet skis, boards, buoys,flags, etc. Mr. Perry asked Attorney Trask to help him address why that would not be a special benefit to 4Dventures as opposed to what any other individual could acquire. Attorney Trask said the production company's proposal does read a certain way but in talking with them, specifically about staffing and logistical support,they say they just want to film the Jr. Lifeguard program and be able to go on the jet ski to take some shots. The park personnel would be more for safety type things. Attorney Trask was not sure if the production company knew what they meant by that but he needed to present all the information to the Board. This project addresses an educational piece that the Fire Department and Ocean Safety Bureau(OSB) are always promoting so this would be an avenue to spread the message wider if this program is picked up and all the other contingencies are satisfied. Mr. Perry said the County does cooperate with people when they are doing movies but he does not know if the Board has ever looked into this special benefit. Attorney Trask did not think it was a special benefit because when you read what they say and listen to what they say it seems more benign. Attorney Trask thought the Fire Department/Ocean Safety Bureau would be happy to comply with some kind of modified decision by the Board if it is found appropriate to say the production company can film but not allow the County to provide certain things. In response to the question of who runs the Jr. Lifeguard Program, Attorney Trask said he thought it was a relationship between the Kaua'i Lifeguard Association(KLA), which he believes is a non-profit, and the Ocean Safety Bureau, which is a County agency. Attorney Trask thought that Kalani Vierra,the head of the Ocean Safety Bureau,may sit on the KLA Board but there is no formal relationship even though there may be a very large informal relationship. Board of Ethics Open Session October 12, 2012 Page 7 SUBJECT DISCUSSION ACTION Mr. Perry asked why couldn't there be a contract between the Jr. Lifeguard Program and the 4Dventures people. Attorney Trask said reality television is a novel thing and the Kaua'i Jr. Lifeguard squad is highly decorated; this production company wants to touch it. The KLA is very passionate about what they do and in getting the water safety message out; aside from that they don't know much about contracting. Attorney Trask did tell 4Dventures he needed to bring this before the Board of Ethics for an opinion and then talk with the union after that and ultimately get the County Council to sign off to have that protection for the County. Mr. Hubbard said that lifeguards do volunteer their time to do certain things; however when they run the Jr. Lifeguard Program the lifeguards who train the kids are all paid by the County because this is a state-wide program during the summer. It is worth it for the County to put in money, time and effort because the lifeguards do train and provide ocean safety awareness. This project does not seem to be too dissimilar from KLA's efforts and being non-profit they could work with this production company. Whatever they would do would be their own deal since the Board does not have any control over a non-profit. The question is can the County put in time, effort and money into this production, which is what 4Dventure is asking for with staffing,riding on the jet ski, etc., when there is no emergency involved. The question the Fire Department is asking is will this benefit the County? Will this advance our ocean safety awareness? If it does and the Chief is willing to put in a certain amount of money and a certain amount of staff, then they would like to do this. Will that be a special benefit? It could be a special benefit to the production company but it also benefits the County by advancing their goal of ocean safety awareness. Would that be a reasonable statement? Board of Ethics Open Session October 12, 2012 Page 8 SUBJECT DISCUSSION ACTION Attorney Trask said that is exactly the client's (the Fire Department) position in this whole thing. The Department is very big on education in this area and they advocate safety films on airplanes and work with the rescue tubes. Their big thing is the best way to stop a drowning is to prevent a drowning. Mr. Hubbard asked Attorney Clark if when there are other production companies filming on the island do they have a contract with the County and pay the County for use of whatever. Attorney Clark said the contracts that she has seen involve the right to go on to specific properties and film that property. They haven't involved the use of County employees or equipment. There is a provision in the Kaua'i County Code that deals with the licenses and what can be provided for in those instances. Attorney Clark thinks there is a distinction between a County supported event which would occur if someone went to the County Council and got their support in approving it as a County event. Attorney Clark did not know if an individual, the head of the Ocean Safety Bureau or the head of the Fire Department, can make that allocation himself. Mr. Nagano said he sees one as a County run program for the lifeguards teaching the kids safety and the other as a private firm which is not a County program and finds the two different. Mr. Hubbard asked Attorney Trask if the Kaua'i Lifeguard Association was the main sponsor of the program or was it actually the County's Ocean Safety Bureau. Attorney Trask said his understanding is that it is a joint program because the kids have to sign waivers and there is an involvement by the County in that they are trained by lifeguards. Attorney Trask did not know if the lifeguards were paid time or time and a half. Board of Ethics Open Session October 12, 2012 Page 9 SUBJECT DISCUSSION ACTION Mr. Hubbard asked if the production company would pay any of the county employees to be actors or pay them while they are being paid by the County. Attorney Trask said the last sentence of the first page of the communication states that 4Dventures is not requesting financial compensation from the County of Kaua'i and does not intend to compensate the County for its collaborations. They are there to film the product and sell it to the networks and the County gets nothing beyond that. Mr. Perry said the problem as he sees it, OSB will guarantee staffing and will guarantee the use of the ATVs and there is where the special benefit comes in. Giving them information, giving them some access rights is not a problem because that is the thing the general public can get a hold of but to guarantee them staffing, technical support including use of ATVs and jet skis is the problem. If OSB just has 4Dventures filming the event and does not guarantee them they will provide any equipment it should not be a conflict. The production company should get their own jet ski,board and equipment. As the request is stated right now, however,there is a problem with special benefits. Attorney Trask said Mr. Perry brought up a good point and as a matter of background,the Fire Department and KLA were approached by 4Dventures. In the general discussion,Attorney Trask advised 4Dventures that the potential issues are ethics,union, and ultimately the County Council. Attorney Trask requested a detailed written request in order to start the process with the understanding that it could stop at any given time. 4Dventures is not the County's client and we have not advised them of anything. Attorney Trask said if the Board does see a problem, on behalf of the client(Fire Department/OSB)who wants to realize this, they would be happy to follow an amended recommendation that the production company could film but without request#2, #3, etc., and they will comply. Board of Ethics Open Session October 12, 2012 Page 10 SUBJECT DISCUSSION ACTION Ms. Clark said it seems on the surface there is a different relationship needed with the whole thing. Has Attorney Trask considered going before the County Council and asking them to give permission to do something like this? Attorney Trask said §3.18 of the Charter says the Council shall not interfere with the administrative processes of the County. The question is what does that mean? This Board is the arbiter of ethics,not the County Council and not the County Attorney. Before anyone can be asked for their authority, ethics has to win. Mr. Perry said that since Attorney Trask had suggested an amended request, he would suggest Attorney Trask withdraw this request and discuss it further with the Fire Department/OSB and fashion it so there is no ethical question. Attorney Trask asked the Board to give him their recommendations so he can tailor the request accordingly. Mr. Perry suggested Attorney Trask review a copy of the draft of this meeting's minutes and the comments from the Board members which could assist him in limiting the discussion with OSB and 4Dventures. Mr. Perry said if the Board rules there is a conflict,Attorney Trask is stuck with that decision. It hamstrings OSB in dealing with 4Dventures. Attorney Trask said he understands the conflict to be questions that arise as to page 2,paragraph 2, item 2, item 3 and maybe item 4 and if that is the pleasure of the Board,he will withdraw the request at this time. Mr. Hubbard said Mr. Perry used the word guarantee but the 3'd paragraph seems that word is not appropriate and is a perfect out for the County. Since there is some concern and it appears there not will be a unanimous decision Board of Ethics Open Session October 12, 2012 Page 11 SUBJECT DISCUSSION ACTION of the Board,maybe if 4Dventures went to the Kaua'i Lifeguard Association and let the Kaua'i Lifeguard Association deal with the County, which they do already on this program, we would not have a problem because they are a non-profit. Let the non-profit deal with 4Dventures. Mr. Perry said as it is written it is OSB, a County agency,who is asking if there is a conflict. Attorney Trask said he would withdraw the request at this time in order to further discuss it with his client to amend any potential arrangement they might have with 4Dventures and KLA and will probably bring back a different schematic to the Board. Vice Chair Hubbard said it is the Board's understanding that the request for RAO 12-007 is being withdrawn Recess Vice Chair Hubbard called a recess at 9:52 a.m. The meeting was called back to order at 9:55 a.m. Business BOE 2012-17 Discussion and possible decision-making of adopting Robert's Rules of Order. Newl y Revised for matters of procedure governing the conduct of Board meetings not addressed by the Board's Rules Ms. Clark moved to defer this item to the next meeting. Mr.Perry seconded the motion. Motion carried 4:0 Disclosures a. Ernest Barreira(Budget&Purchasing Director) Mr. Perry moved to receive Disclosure a. and deem it complete. Mr. Nagano seconded the motion. Motion carried 4:0 Executive Attorney Clark stated that the Board would be Session going into Executive Session for items ES-30, ES-31, ES-2, ES-3, ES-7, ES-8, and ES-16 as fully described in the posted agenda. Mr. Perry moved to go into Executive Session at 10:00 Board of Ethics Open Session October 12, 2012 Page 12 SUBJECT DISCUSSION ACTION a.m. Ms. Clark seconded the motion. Motion carried 4:0 Return to Open The meeting resumed in Open Session at 11:00 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-30 and ES-31 Mr.Nagano moved to ratify the Boards' actions taken in Executive Session. Mr. Perry seconded the motion. Motion carried 4:0 Announcements Next Meeting: Friday,November 16,2012— 1:30 p.m. Ms. Clark will be off island in November Adjournment Meeting was adjourned at 11:00 a.m. Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Mark Hubbard, Vice Chair ( ) Approved as is. ( ) Approved with amendments. See minutes of meeting. COUNTY COUNCIL ,°F �. OFFICE OF THE COUNTY CLERK Jay Furfaro,Chair JoAnn A.Yukimura,Vice Chair v Ricky Watanabe,County Clerk Tim Bynum ' r, Jade K.Fountain-Tanigawa,Deputy County Clerk Dickie Chang KipuKai Kuali`i �9?, 4. Telephone(808)241-4188 Nadine K.Nakamura of Fax (808)241-6349 Mel Rapozo Email cokcouncil(&kauai.gov Council Services Division 4396 Rice Street, Suite 209 Llhu`e,Kauai,Hawaii 96766 L� 11 V LS �y October 2, 2012 OCT — 4 2012 !� BOARDS & COWI r- Mr. Kurt Akamine Chair and Members of the Board of Ethics c/o Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihu`e, HI 96766 Dear Chair Akamine and Members: RE: REQUEST FOR ADVISORY OPINION RELATED TO A CAMPAIGN DONATION FROM AN APPLICANT FOR A ZONING AMENDMENT THAT WILL COME BEFORE THE COUNCIL FOR DECISION- MAKING IN THE NEXT TWO MONTHS My campaign organization, JoAnn Yukimura's Many Friends, has received but not deposited a check in the sum of $250.00. It was tendered as an unsolicited campaign contribution from a corporate landowner that has applied for a zoning amendment that will be before the County Council in the next two months. The letter sent with the check was signed by attorneys for the corporate landowner who are representing the corporate landowner before the Council on the zoning application. As you know, I am a member of the Kauai County Council and a member of the Council's Planning Committee. The zoning amendment will be voted on by both bodies. I am choosing not to disclose the name of the person or company that has made a donation to my campaign because I believe they think they are following "common practice." The question I am raising, however, is whether this "common practice" violates the ethics provisions of the Kauai County Charter. My request is whether my acceptance of this donation and the deposit of this donation into my campaign funds will constitute a violation of Article XX, Section 20.02 which states: TJ:2012memos&1etters/JY Board of Ethics/ RAO 12-009 AN F.nTTAT.C)PPOR TT TNTTV FMPT OVFR Chair and Members of the Board of Ethics October 2, 2012 Page 2 No officer or employee of the county shall A. Solicit, accept or receive, directly or indirectly, any gift, whether in the form of money, service, loan, travel, . . . under circumstances in which it can reasonably be inferred that the gift is intended to influence him in the performance of his official duties . . . My goal is not to penalize but to obtain clarity for all candidates and for applicants before the Council as to what the ethical requirements and guidelines are in an election season. Inasmuch as this is a time-sensitive matter (the election will be over before your next regular meeting), I hereby request that you hold a special meeting in the next two weeks to discuss and rule on this matter. Your guidance will be deeply appreciated. Sincerely, OANN A. YUKIM RA Council Vice Chair, Kauai County Council i COUNTY COUNCIL 4 .. ; �� OFFICE OF THE COUNTY CLERK Jay Furfaro,Chair JoAnn A.Yukimura,Vice Chair Ricky Watanabe,County Clerk Tim Bynum Jade K.Fountain-Tanigawa,Deputy County Clerk Dickie Chang KipuKai Kuali`i 4, Telephone(808)2414188 Nadine K.Nakamura of Fax (808)241-6349 Mel Rapozo Email cokcouncilAkauai.gov Council Services Division 4396 Rice Street,Suite 209 ,,— Lit►u`e,Kauai,Hawaii 96766 ` � EC �r � t October 15, 2012 I' 2 2 2012 - Mr. Kurt Akamine - LS O'A S &COMMISSIONS Chair and Members of the Board of Ethics - C/o Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihu`e, HI 96766 Dear Chairperson Akamine and Members: RE: REQUEST FOR AN EXPEDITED REVIEW AND ADVISORY OPINION RELATING TO MY PARTICIPATION IN COUNCIL AGENDA ITEMS/ COUNCIL ISSUES INVOLVING THE OFFICE OF THE PROSECUTING ATTORNEY I would like to request that the County of Kauai Board of Ethics provide me with an expedited review and an Advisory Opinion on whether I have a conflict of interest that would preclude me from participating in Council agenda items, or Council issues involving the Office of the Prosecuting Attorney "OPA'. These Council agenda items /issues would include, but are not limited to instances when "OPA' requests Council approval to apply for, receive and expend various grants for the operation of"OPA' for any of its programs, and would also include any budgetary requests (i.e. request to hire personnel, fund other "OPA' programs, etc.). My request for an Advisory Opinion is prompted by my filing on September 19, 2012 of a civil lawsuit— more appropriately referenced as Tim Bynum vs. County of Kauai, et. al., Civil No. CV12-00523 RPL (U.S. District Court). In the lawsuit, I have named the County of Kauai as well as Shaylene Iseri-Carvahlo, Prosecuting Attorney as Defendants." Please note that during the September 26, 2012 Council Meeting subsequent to filing the lawsuit, I participated in several agenda items relating to "OPA'. In this meeting no one raised an objection to my participation. I participated in the tp discussion and voted with my colleagues to approve two grant requests from "OPA" Q (items C 2012-373 and C 2012-374). I also participated in ES-575 regarding the P.O.H.A.K.U. Program and related matters and subsequently made a motion to ry amend C 2012-381 (the "Open Session" item from the County Attorney) to increase the County Attorney's request for Special Counsel from $10,000 (original request) to $20,000 for Special Counsel's continued representation of"OPA' regarding the P.O.H.A.K.U. program and related matters. During that same meeting, I also voted to defer, in a 4-3 contested vote of the Council, C 2012-336, relating to "OPA's" T • /� 7 A A l A Chair and Members of the Board of Ethics October 15, 2012 Page 2 request to apply for, receive, and expend grant funding for the Keiki P.O.H.A.K.U. program (a juvenile diversion program). The Council at its meeting on October 3, 2012, was again considering "OPA's" request to apply for, receive and expend State of Hawaii, Office of Youth Services Grant funds for the Keiki P.O.H.A.K.U. program (C 2012-336), I had planned on participating in the discussion and deliberation on the item, however, when I asked Ms. Iseri-Carvalho if she felt that my participation in this item would pose a conflict, she replied that she believed that I had a conflict of interest. Given her statement, and out of an abundance of caution, I recused myself from participating in the discussion and deliberation on this item. Please understand that I believe that I do not have a conflict of interest if I participate in the discussion and deliberation of this item or any items involving "OPA' or any other County Department. All matters having to deal with "OPA' will occur in "Open Session" or in "Executive Session", both forums are recorded. Given my civil lawsuit, I would like to ask the Board of Ethics to revisit this issue and provide me with an Advisory Opinion on the matter. I value the judgment of the Board of Ethics and will abide by your findings. Should you have any questions, please feel free to contact me at 652-4575. Your attention to this matter is appreciated. Sincerely, Tim Bynum Councilmember Kauai County Council tvo� Bernard P. Carvalho,Jr. c Alfred B. Castillo,Jr. Mayor O County Attorney Gary K. Heu � of Amy I. Esaki Managing Director First Deputy OFFICE OF THE COUNTY ATTORNEY r I{. County of Kauali, State of Hawaii, 4444 Rice Street,Suite 220,Lihu`e,Hawaii 96766-1300 TEL(808)241-4930 FAX(808)241-6319 — 22012 November 2 2012 t BOARDS &COMMisSION10 Kurt Akamine, Chairperson and Members of the Board of Ethics Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu'e, Hawaii 96766 Re: Follow-Up Request for Advisory Opinion by the County of Kaua'i Fire Department Aloha Chair Akamine and Members of the County of Kauai Board of Ethics, Pursuant to the recommendations and discussion at the last Board of Ethics meeting, the Ocean Safety Bureau and the Fire Department of the County of Kaua'i is re-submitting its' request for an advisory opinion pursuant to Kauai County Charter section 20.05 (D) (2) and Rule 5.1 of the Kauai 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)? As previously stated 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 "transmedia" 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 Kaua'i Jr. Lifeguard Squad. The show will be shot on Kauai. 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. Pursuant to past discussions with the Board I amended the original proposal to remove any commitments that the County would have to make that caused this honorable body some concern. According to the amended proposal, attached, 4Dventures will rely on County to provide only 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). The remaining portions of the proposal are essentially the same. 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). Mahalo, Z:: rask Deputy County Attorney Attorney for the Fire Department, County of Kaua'i Mauna Kea Trask From: Serge Marcil [smarcil @4dventures.com] Sent: Thursday, November 01, 2012 2:08 PM To: Mauna Kea Trask Cc: Marcil Jennifer; KFD Ocean Safety Subject: Re: "Saving Lives" Attachments: 121101.Saving Lives Television Series Proposal Final COK revision.doc;ATT00002.htm Aloha Mauna Kea, I read the document and noticed the changes you made. IT'S ALL GOOD WITH US. For your information, I reformatted the document(without touching the actual content)when it came to bullet lists. I added the "-" in front of each listed item to make it easier to read. This is the reason why I'm sending the document back to you. Please contact us if there is anything else. We're looking forward to get the momentum going with this project. Thank you, and talk to you soon I hope. Aloha. Serge i "SAVING LIVES" -THE KAUAI JUNIOR LIFEGUARD SQUAD - 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. Swimming, 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. According to the World Health Organization, drowning 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 decline 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 subject. 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, author John T. Blalock even suggests "using different delivery methods and vehicles". "SAVING LIVES"precisely aims at bringing ocean safety awareness to the forefront 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/interactive 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 teenagers and children. TELEVISION Composed of thirteen 30-minutes episodes (Season 01), the television series chronicles the journey of eight young trainees (Kaua'i 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 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 important 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 fair way -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 making the team and trying to defend the island's tenth consecutive State championship title to competing in the 2013 National Lifeguard Championships'. 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 water 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 situations. INTERNET/BROADBAND "SAVING LIVES"can be described and understood as a participative experience to engage audiences rather than a simple television series with an accompanying 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 being invited to attend "real-life"training ' 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. opportunities,viewers will therefore be able to partake virtually in the project in several different ways. 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 interests them as efficiently as possible 5. Additional original content will also be added(e.g. interviews with real-life rescuers and survivors, "Interactive Top Ten"lists, etc.), and various strategies will be imagined in order to engage audiences on as many levels as possible, 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 topics 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 Kaua'i, 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 sunscreen, 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 training programs and certification courses for Kauai, Hawai'i 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. Many wonderful websites that relate to the subject of ocean safety exist(e.g. Kaua'i Explorer, Kauai Lifeguard Association, etc.) and the Internet/Broadband components of"SAVING LIVES"will not duplicate the information of such sites (and/or compete with other existing on- line resources). It will, on the contrary, support and complement the information that is readily available by bringing users to existing resources when appropriate6. Content here will be focused on original material that is relevant to the intended target audience (i.e. teenagers and children), and this content will be strategically tagged and placed on the web as to pop up on top of search engine lists.7 MOBILE The project's true interactive potential lies with what could best be described as `bridged content and applications'. Here, on various media platforms(integrated one to another from the project's official website),people will benefit from the expertise and support of the production team to not only be entertained,but to get involved and save lives. 5 If someone is interested in learning specifically about first aid training for example, it will be possible for that 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 Kaua'i will for example be redirected to www.kaua'iexplorer.com/ocean_report/ . 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. 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 phones$. 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 imagined, developed and implemented with the participation of various partners (e.g. The University of Hawaii's College of Engineering, Kauai Community College, County of Kauai 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 4Dventures 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, Kauai 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 experience 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 Kauai 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 Kauai Water Safety Task Force, etc.) B 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. -promoting Kaua'i both as a safe and beautiful place to enjoy water activities. IMPORTANT NOTES /CONCLUDING THOUGHT The actual production of the project will entirely be the responsibility of 4Dventures LLC.As such, 4Dventures will initiate, coordinate and control all creative, financial, technological and administrative aspects of the production process, from inception to completion. 4Dventures LLC is not requesting compensation from its partners (i.e. County of Kauai, Kauai Lifeguard Association, 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 to help identify content for the series,help prioritize the messages that will reach our audience, give advice when needed, etc. It is also important to know that participants (or their parents-when dealing with minors)will be required to sign an `Assumption 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 partners10, and remains open to suggestions, recommendations and guidance. The television series, as well as the interactive components of the project propose a fresh approach to educate, 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 concentrating in finance. As part of a task force, she participated 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 published 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 production(such as coaching child actors). In 2010, Jennifer moved to Kauai where she started 4Dventures LLC, a multimedia production company that aims at creating high quality projects. She was Executive Producer for the one-hour documentary special "The Perfect Song", as well 10 Expectations, responsibilities, concerns, etc. as the short film"Ho'ouluwehi Center at Ka'apuni", which has been submitted to the 2013 Sundance Film Festival. Last summer, she was introduced to the Kaua'i 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 perspective as executive producer. 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, Discovery Kids, YTV, CBC, Life Network, UK's Channel 5... /French: TV5 Canada-Monde, MusiquePlus, TFO, Radio-Canada, Canal D, France 6...). Although he has directed many educational children's television series (classics such as "Popular Mechanics for Kids" (72 episodes 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 projects he has done have gone on to win international awards (e.g. Parent's Choice Award, Alliance for Children and Television Award, Aurora Award, etc.), and he, himself,has been nominated three times by the Academy of Canadian Cinema and Television for a Gemini Award (Emmy equivalent) as "Best Director for an Information Program/Series", and once for a Gemeaux Award as "Best Director for Children Program/Series". (For a complete list of his work, please refer to Annex 03.) CONTACT Serge Marcil Creative Producer (t) 808 212 6473 (e) smarcil @4Dventures.com 1, l Annex A- Quotes from The Garden Island newspaper On March 15'h 2012, a Junior Guard and her friend, a Boy Scout, were walking along the Hanalei Pier when they noticed a woman in distress under the surface of the water. "The victim was apparently having a seizure and was unable to swim," said Jim Ingham, the Ocean Safety Bureau's North District supervisor. "Bystanders called 911 and the young pair jumped in to assist the woman, pulling her to the surface and while holding her head above water, made their way towards shore." Excerpt from the"Beach Safety Week focuses on having fun while staying safe"newspaper article that appeared on The Garden Island on May 22nd 2012 On March 3 0 2012, a Junior Guard and her swim coach made a save at Brennecke's Beach in Po'ipu, Ingham said. "They were finishing a long ocean swim when they came across a victim in the shore break", Ingham said. "The man was low in the water with his head down,unable to move. The pair brought the unconscious man to shore, asking for help in calling 911." Excerpt from the"Beach Safety Week focuses on having fun while staying safe"newspaper article that appeared on The Garden Island on May 22nd 2012 "SAVING LIVES" is... -the journey of eight teenagers working together as a team to make a difference and save lives -the knowledge, wisdom and life experiences of three regular lifeguards (and a weekly'guest star')who generously share what they know in order to guide and inspire participants and viewers - a hip and intelligent transmedia project that educates as much as it entertains - an experience that will appeal to all - from true water enthusiasts to timid toe-dippers.