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HomeMy WebLinkAbout2013_0118_Agenda_Packet Kathy Clark Members: Chair Kurt Akamine Mark Hubbard Calvin Murashige Brad Nagano Vice-Chair Paul Weil Warren Perry Secretary COUNTY OF KAUAI BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, January 18 , 2013 1 : 30 pm or shortly thereafter Mo 'ikeha Building, Liquor Conference Room 3 4444 Rice Street, Lliiu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of December 21 , 2012 DISCLOSURES a. Justin Francis Kollar (Prosecuting Attorney) b. Harold Daniel Brown (Fire Commission) c. Sherman T. Shiraishi (Board of Water) EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes § § 92-4 and 92-5 (a) (4), 92-9 (a)( 14) (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-36 : Regular Executive Session Minutes of December 21 , 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 An Equal Opportunity Employer 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 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) RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items : ES-2, ES-3 , ES-7, ES4 , ES-36 ANNOUNCEMENTS Next Meeting: Friday, February 15 — 1 : 30 p.m. , Mo 'ikeha Building, Liquor Conference Room ADJOURNMENT 2 1 P a g e Board of Ethics — January 18 , 2013 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. 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 testimonto . Board of Ethics Attn: Barbara Davis Office of Boards & Commissions 4444 Rice Street, Suite 150 L-1hu` 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. 31l? age Board of Ethics — January 18 , 2013 COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: BOARD OF ETHICS Meeting Date December 21, 2012 Location Mo ` ikeha Building, Liquor Conference Room 3 Start of Meeting: 1 : 31 p.m. End of Meeting: 2 : 02 p.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 ; Administrative Aide Teresa Tamura Excused- Absent SUBJECT DISCUSSION ACTION Call To Order Chair Akamine called the meeting to order at 1 : 31 p.m. with a quorum of 7 members present. Approval of Regular Open Session Minutes of November 16, 2012 Mr. Perry moved to approve the minutes as Minutes circulated. Mr. Murashige seconded the motion. Motion carried 7 : 0 Business BOE 2012- 17 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. (Approved 11 /16/12 for Rule-making process) a. Rule-making process for adding Rule 13 to the Board of Ethics ' Rules and Regulations, Part I, and Interpretive Rules, Part II, outlining the Parliamentary Authority under which the Board of Ethics conducts a meeting. Mr. Perry moved to proceed with the rule= making process and the publication of notice for a Public Hearing. Mr. Weil seconded the motion. Motion carried 7 : 0 BOE 2012- 18 Election of Chair, Vice Chair and Secretary for 2013 Chair — Mr. Murashige nominated Kathy Clark. Board of Ethics Open Session December 21 , 2012 Page 2 SUBJECT DISCUSSION ACTION Mr. Perry seconded the motion. Chair Akamine nominated Warren Perry. Mr. Weil seconded the motion. Mr. Nagano nominated Calvin Murashige. Mr. Hubbard seconded the motion. Mr. Murashige moved to close the nominations. Mr. Nagano seconded the motion. Mr. Perry noted there were at least 2 very qualified nominees and withdrew his name from the nominations. Motion to elect Kathy Clark as Chair for 2013 carried 6 : 1 (Nagano) Vice Chair — Mr. Hubbard nominated Calvin Murashige. Mr. Weil seconded the motion. Ms. Clark nominated Kurt Akamine. Motion carried 6 : 1 (abstain — Murashige) Mr. Akamine stated he wished to withdraw from the Vice Chair nomination. Secretary — Mr. Hubbard nominated Warren Perry. Ms. Clark seconded the motion. Mr. Weil moved the nominations be closed and the Board cast a unanimous ballot. Motion carried 7 : 0 BOE 2012- 19 Approval of 2013 Meeting Schedule Mr. Nagano moved to approve the meeting schedule. Mr. Murashige seconded the motion. Motion carried 7 : 0 Chair Akamine noted he would not be available for the January meeting. Disclosure a. Sally Motta (Finance Department) Mr. Perry moved to receive the disclosure and deem complete. Ms. Clark seconded the motion. Motion carried 7 : 0 Board of Ethics Open Session December 21 , 2012 Page 3 SUBJECT DISCUSSION ACTION Executive, Attorney Clark read the purpose for the Board to Session go into Executive Session for items ES-34, ES-2, ES-3 , ES-7, ES-8 , ES- 16 and ES-35 as fully described in the posted agenda. Mr. Perry moved to go into Executive Session at 1 :46 p.m. Ms. Clark seconded the motion. Motion carried 7 : 0 Return to Ratify Board of Ethics action taken in Executive Session for items : ES-2, Open Session ES-3 , ES-7, ES4, ES46, ES-34 and ES-35 Mr. Nagano moved to ratify the Board ' s actions taken in Executive Session. Mr. Murashige seconded the motion. Motion carried 7 : 0 ES-34 : Motion to approve carried 7 : 0 ES-2, ES-3 , ES-7, ES-8 : Ongoing ES- 16 : Motion to dismiss complaint carried 7 : 0 ES-35 : Motion to receive carried 7 : 0 Adjournment Chair Akamine adjourned the meeting at 2 : 02 .m. Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Kurt Akamine, Chair ( ) Approved as is . ( ) Approved with amendments. See minutes of meeting.