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HomeMy WebLinkAbout2013_0215_Agenda_Packet Kathy Clark Members: Chair Kurt Akamine Mark Hubbard Calvin Murashige Brad Nagano Vice-Chair Paul Weil Warren Perry Secretary COUNTY OF KAUA'I BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, February 15, 2013 1 : 30 pm or shortly thereafter Mo ' ikeha Building, Liquor Conference Room 3 4444 Rice Street, Lihu'e, HI 96766 Oath of Office for Kathleen Clark and Warren Perry CALL TO ORDER PUBLIC HEARING BOE' 2013 -01 Proposed adoption of Parliamentary Authority of the Kaua' i County Board of Ethics Rules and Regulations Part I and Interpretive Rules Part II (notice published January 16`h in the Garden Island newspaper) ` CLOSE PUBLIC HEARING APPROVAL OF MINUTES Regular Open Session Minutes of January 18, 2013 COMMUNICATIONS BOE 2013 -02 Memorandum dated January 11 , 2013 , from JoAnn Yukimura, Councilmember, regarding a Possible Conflict of Interest C 2013 -44 Request for an Extension to the License Agreement Between the Boys and Girls Club of Hawai'i and the County of Kaua'i BOE 2013 -03 Memorandum dated January 22, 2013 , from Nadine K. Nakamura, Council Vice Chair, regarding a Possible conflict of Interest — January 17, 2013 Council Meeting Relating to Agenda Item C 2013 -46 (Kaua'i Island Utility Cooperative (KIUC) Interconnection Agreement) REQUEST FOR ADVISORY OPINION RAO 13 -001 Letter dated February 1 , 2013 , from JoAnn Yukimura, Councilmember, requesting an advisory opinion regarding her role as a member of both the Kauai County Council and the Leadership Council of the Keiki to Career Kaua'i Project who will be presenting a progress report to the County Council on March 13 , 2013 , An Equal Opportunity Employer a. Draft copy of the Keiki to Career Kauai Leadership Council Charter BUSINESS BOE 2013 -04 Deliberation and possible decision-making on the proposed adoption of Parliamentary Authority of the Kaua' i County Board of Ethics Rules and Regulations Part I and Interpretive Rules Part II DISCLOSURE a. Eugene Keith Jimenez (Fire Commission) b. Theodore Kawahinehelelani Blake (Public Access, Open Spaces) c. Nadine Kuniko Nakamura (County Council) d. Ross Kiyoshi Kagawa (County Council) e. Gary Lee Hooser (County Council) f. Joseph Jay Furfaro (County Council) g. Tim Lee Bynum (County Council) h. Jade K. Fountain-Tanigawa (Deputy County Clerk) i. Melvin F. Rapozo (County Council) j . Ricky Watanabe (County Clerk) k. Frederick Kamuela Cobb-Adams (Director of Housing) 1. Tracy Jean Murakami (Deputy Prosecuting Attorney) m. JoAnn Ai Yukimura (County Council) n. Ginger Dania Grinpas (Deputy Prosecuting Attorney) o . Teresa F . Tumbaga (Deputy Prosecuting Attorney) p. Kevin Kenji Takata (First Deputy Prosecuting Attorney) q. Jenelle Renee Hughes (Deputy Prosecuting Attorney) r. Shauna Lee Cahill (Deputy Prosecuting Attorney) s. Henry Ramsey Ross, III (Deputy Prosecuting Attorney) t. Rebecca Ann Vogt (Second Deputy Prosecuting Attorney) u. Timothy John Tobin (Deputy Prosecuting Attorney) v. Gary Lee Nelson (Deputy Prosecuting Attorney) w. Melinda Kathleen Mendes (Deputy Prosecuting Attorney) x. Harold Daniel Brown (Fire Commission) y. Steven Ashley Hunt (Director of Finance) 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-001 : Regular Executive Session Minutes of January 18, 2013 2 1 P a g e Board of Ethics — February 15 , 2013 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. E&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) E&I 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) E&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 E&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 3IPage Board of Ethics — February 15 , 2013 employee or officer of the County has improperly used county resources and or County property for other than public_ activity or purpose (Ongoing) ES-002 : BOE 13 -001 Complaint dated 2/4/ 13 that an officer or employee of the County has breached the Code of Ethics as set forth in the Kaua'i County Charter and the Kaua'i County Code 1987 in the performance of his/her duties RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items : ES-001 , ES-2, ES-3 , ES-7, ES-8, and ES-002 ANNOUNCEMENTS Next Meeting: Friday, March 15 — 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 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 a b 4 :E' e Board of Ethics — February 15 , 2013 Office of Boards & Commissions 4444 Rice Street, Suite 150 L-ihu` 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. .S1 :Page Board of Ethics — February 15, 2013 STATE AND COUNTY STATE AND COMM NO'T'ICE OF PUBLIC HEARING The Board of Ethics ("Ethics") will hold a public hearing in the Kauai County Liquor Conference Room on the 1st floor of the Wikeha Building, located at 4444 Rice Street, Lihu'e, Kauai, Hawaii, on February 16, 2013 at 1:30 p.m. or as soon as possible thereafter, for purposes of hearing and receiving public testimony and comments from all interested persons regarding the following item: PROPOSED ADOPTION OF PARLIAMENTARY AUTHORITY of the KAUAI COUNTY BOARD OF ETHICS RULES AND REGULATIONS PART I and INTERPRETIVE RULES PART 11 The purpose and authority for the proposed rule is set forth in the Kauai County Board of Ethics (hereafter "Board") Rules and Regulations, Part I, which states: RULE 1. GENERAL PROVISIONS. 1. 1 Purpose: These rules are made pursuant to Section 20.06 B of the Charter of the County of Kaua'i, and are intended to provide for the efficient administration of the Code of Ethics. The proposed rule states: \ RULE 13, PARLIAMENTARY AUTHORITY i Meetings shall be conducted in accordance with the Hawai'i Revised Statutes. the Sunshine Law and procedures established in these Rules. On all matters of procedure not addressed in these Rules. the Commission may refer to Robert's Rules of Order. Newly Revised. for guidance in developing procedures for the conduct of Board meetings. Note: New rules adopted to proceed to rule-making and public hearing are underscored A copy of the proposed rules will be mailed to any interested person who requests a copy and pays the required fees for the copy and the postage. Requests may be made by phone, facsimile, or by mail. All requests may be addressed to Barbara Davis, Commission Support Clerk, Office of Boards & Commissions, County of Kauai, located at 4444 Rice Street, Room #160, Lihu'e, Hawaii 96766. Phone: (808) 241-4919. Fax: (808) 241-6127. Requests may be made up to and including the date of the public hearing. The proposed rules may be reviewed in person between the hours of 7:46 a.m. and 4:30 p.m., Monday through Friday (excluding ` State of Hawaii holidays), at the Office of Boards & Commissions. Proposed rules may be reviewed any time up to and including the date of the public hearing. All interested persons may submit data, views, arguments, or other testimony orally or in writing, or both, concerning. the proposed rules. Data, views, arguments, or other testimony may be submitted any time up to and including the date of the public hearing, or at the public hearing itself. Data, views, arguments, or testimony may be submitted via phone, facsimile, or by mail to the address and telephone numbers listed above. Requests may be made up to and including the date of the public hearing. The Board may impose a time limit for each person presenting testimony at the hearing. BY ORDER OF THE BOARD: Kathy Clark, Chairperson NOTE: Special Accommodations for persons with disabilities are available upon request five (6) days prior to the meeting date. Please call Barbara Davis, Commission Support Clerk, Office of Boards & Commissions, County of Kaua% located at 4444 Rice Street, Room #160, Lfhu`e, Hawaii 96766. Phone: (808) 241-4919. Fax: (808) 241-6127. (January 16. 2013) So E COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: BOARD OF ETHICS Meeting Date January 18, 2013 Location Mo `ikeha Building, Liquor Conference Room 3 Start of Meeting: 1 : 30 p.m. End of Meeting: 1 :43 p .m. Present Chair Kathy Clark; Vice-Chair Calvin Murashige; Secretary Warren Perry; Members : Mark Hubbard; Brad Nagano; Paul Weil Also : Deputy County Attorney Mona Clark; Boards & Commissions Office Staff: Administrator Paula Morikami; Administrative Aide Teresa Tamura Excused Member: Kurt Akamine Absent SUBJECT DISCUSSION ACTION Call To Order Chair Clark called the meeting to order at 1 : 30 p.m. with a quorum of 6 members present. Approval of Regular Open Session Minutes of December 21 , 2012 Mr. Perry moved to approve the minutes as Minutes circulated. Mr. Nagano seconded the motion. Motion carried 6 : 0 Disclosures a. Justin Francis Kollar (Prosecuting Attorney) b . Harold Daniel Brown (Fire Commission) c. Sherman T. Shiraishi (Board of Water) Mr. Weil moved to receive the disclosures and deem them complete. Mr. Murashige seconded the motion. Motion carried 6 : 0 Executive Attorney Clark read the purpose for the Board to Session go into Executive Session for items ES-36, ES-2, ES-3 , ES-7 and ES-8 as fully described in the posted agenda. Mr. Perry moved to go into Executive Session at 1 : 37 p.m. Mr. Hubbard seconded the motion. Motion carried 6 : 0 Return to O en Mr. Hubbard moved to return to Open session at UU � Board of Ethics Open Session January 18 , 2013 Page 2 SUBJECT DISCUSSION ACTION Session 1 :43 p.m. Mr. Murashige seconded the motion. Motion carried 6 : 0 Announcements Next Meeting: Friday, February 15 , 2013 , 1 : 30 p .m. Mr. Murashige noted he would not be at the February meeting. Adjournment Chair Clark adjourned the meeting at 1 :43 m. Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Kathy Clark, Chair ( ) Approved as is. ( ) Approved with amendments. See minutes of meeting. COUNTY COUNCIL ��c ,°F OFFICE OF THE COUNTY CLERK Jay Furfaro, Chair Nadine K. Nakamura, Vice Chair Ricky Watanabe, County Clerk Tim Bynum jr Jade K. Fountain-Tanigawa, Deputy County Clerk Gary L. Hooser �a R Ross Kagawa `9�, 4� Telephone (808) 241 -4188 Mel Rapozo of Fax (808) 241 -6349 JoAnn A. Yukimura Email cokcouncil @kauai.gov Council Services Division 4396 Rice Street, Suite 209 L1hu`e, Kauai, Hawaii 96766 MEMORANDUM f [ Q' V I January 11 , 2013 JAN 17 2013 BOARDS & COMMIS ONE TO : Jay Furfaro, Council Chair ' - -- --- _ __MM S and Members of the Kauai County Council FROM: JoAnn A. Yukimura, Councilmember ` RE : POSSIBLE CONFLICT OF INTEREST C 201344 REQUEST FOR AN EXTENSION TO THE LICENSE AGREEMENT BETWEEN THE BOYS AND GIRLS CLUB OF HAWAPI AND THE COUNTY OF KAUAI Pursuant to Section 20 . 04(B) of the Kauai County Charter, Section 3- 1 . 9 of the Kauai County Code 1987 , as amended, and Rule 8 of the Rules of the Kauai County Council, I hereby provide written disclosure on the record of a possible conflict of interest relating to item C 2013 44, because I am the Vice President of the Kauai Branch Advisory Board of the Boys and Girls Club . For this reason , I am recusing myself from discussing or participating in the decision making regarding item C 2013 44. If you have any questions, please contact me . Thank you for your attention to this matter. CNT: aa cc: January 30, 2013 Council Meeting Agenda Council Services Staff County of Kauai Board of Ethics � p � ao /3 - off. AN EQUAL OPPORTUNITY EMPLOYER COUNTY COUNCIL t90OP 6 05 .5- OFFICE OF THE COUNTY CLERK Jay Furfaro, Chair 0 Nadine K. Nakamura, Vice Chair v Ricky Watanabe, County Clerk Tim Bynum i Jade K. Fountain-Tanigawa, Deputy County Clerk Gary L. Hooser Ross Kagawa 9�� �4�yQ Telephone (808) 241 -4188 Mel Rapozo of Fax (808) 241 -6349 JoAnn A. Yukimura Email cokcouncil @kauai.gov Council Services Division 4396 Rice Street, Suite 209 L-ihu`e, Kauai, Hawaii 96766 MEMORANDUM r JAN 2 3 2W3 January 22, 2013 Y ? BOARDS & COMMISSIONS TO : Jay Furfaro, Council Chair and Members of the Kauai County Council FROM : Nadine K. Nakamura, Council Vice Chair RE : POSSIBLE CONFLICT OF INTEREST — JANUARY 17, 2013 COUNCIL MEETING RELATING TO AGENDA ITEM C 201346 Pursuant to Section 20 . 04(B) , Kauai County Charter, Sec. 3- 1 . 9, Kauai County Code 1987 , as amended, and Council Rule No . 8 , this is to provide disclosure of a possible conflict of interest at the January 17 , 2013 Council Meeting regarding Legal Document C 2013 - 46, relating to Council approval of the Indemnification Provisions contained in the Kauai Island Utility Cooperative (KIUC) Interconnection Agreement, Schedule "NEM Pilot" for County Renewable Energy Projects , due to my husband's law firm' s work with the KIUC . In light of the above , I will recuse myself from the aforementioned item during the January 17 , 2013 Council Meeting and any subsequent meeting thereafter related to this item . Thank you for your attention to this matter. YS : cy cc: County of Kauai Board of Ethics January 30, 2013 Council Meeting Agenda ao13 - �3 AN EQUAL OPPORTUNITY EMPLOYER COUNTY COUNCIL � � 119o0° OFFICE OF THE COUNTY CLERK Jay Furfaro, Chair Nadine K. Nakamura, Vice Chair Ricky Watanabe, County Clerk Tim Bynum l►_t Jade K. Fountain-Tanigawa, Deputy County Clerk Gary L. Hooser w Ross Kagawa Telephone (808) 241 -4188 Mel Rapozo of Fax (808) 241 -6349 JoAnn A . Yukimura Email cokcouncil @kauai.gov Council Services Division 4396 Rice Street, Suite 209 Lihu`e, Kauai, Hawaii 96766 February 1 , 2013 Kathleen Clark, Chair and Members of the Board of Ethics c/o Office of Boards and Commissions FEB 42013 1 4444 Rice Street, Suite 150 Z.Lihu`e , Hawaii 96766 0/,P, Dear Chair Clark and Members : I am seeking an advisory opinion regarding my role as a member of both the Kauai County Council and the Leadership Council of the Keiki to Career Kauai Project. I am also a member of the Executive Committee of the Leadership Council, but since the Executive Committee's authority comes from the Leadership Council and works within the limits set by the Leadership Council, it seems the Leadership Council is the main issue (see attached Leadership Council Charter) . On March 13 , 2013 , the County Council will receive a progress report from the Kauai Planning and Action Alliance ("KPAA") regarding the Keiki to Career — Workforce Readiness, Comprehensive Economic Development Strategy Project ("Project") . I joined in with the Keiki to Career effort because of my interest and role as a Councilmember in the welfare of young people on Kauai. I feel that my Council work and participation on the Keiki to Career effort are aligned or moving toward the same goals . However, because it is a principle of ethics that the person engaged in a possible conflict of interest should not make the evaluation him or herself, I am making this request. Under the Charter and County Code's ethics provisions, do I have a conflict of interest that would prohibit my participating in the March 13 , 2013 Council Meeting as it relates to the progress report on the Project? If there is found to be a conflict, I request that you specify what interests are in opposition to each other . RAO 1M01 AN EQUAL OPPORTUNITY EMPLOYER Ms . Kathleen Clark, Chair of the Boards of Ethics Re : Kauai Planning and Action Alliance ("KPAA") February 1 , 2013 1 Page 2 , Thank you for your consideration of my request . Sincerely, XN)• rYi q t f ( � l •` f J ANN A. YUKIMUAA Councilmember, Kauai County Council Attachment PM:lc Keiki to Career Kauai Leadership Council Charter Background The source of inspiration was an article entitled Collective Impact: Creating Large Scale Social Change by John Kania and Mark Kramer "If we work collectively with a common vision, mission and goals, and have a commitment to continuous improvement, we can achieve large scale social change ." The discussion started in August 2011 with a diverse group of Kauai community members. An effort for youth development that spans from cradle to career was targeted because the data said that : • About one third of Kauai's population is under the age of twenty-four • 10% of babies born on Kauai have low birth weight • 4% of teenage girls are mothers • 29% of children live in single-parent homes • 16% of children live in poverty • 6% of children are abused • 6% of children have no health insurance • 84% of students graduate from high school on time • 46% of recent high school graduates are college-ready in reading • 19% of recent high school graduates are college-ready in math Ready by 21 (readyby2l .org) was chosen as the national model to inform guide the efforts . A vision and mission was developed . • Vision: An island community where Kauai's keiki through young adults are healthy, competent, confident and caring �= • Mission : To unite the .community in nurturing and developing Kauai's young people from keiki to career so they are ready to learn and ready for life . Leadership Council Purpose The purpose the Leadership Council ( LC) is to provide broad oversight of the Keiki to Career initiative, which focuses on the development and well-being of our keiki to young adults, using a collective action approach . • The LC maintains a broad perspective of the Keiki to Career initiative ( Le., it "sees the big picture" ) and oversees and considers recommendations from the initiative's committees, coordinating action and making decisions to guide the initiative. • The Leadership Council develops or approves policies and specific strategies toward the success of the initiative as a whole, and monitors progress to ensure impact . Leadership Council Responsibilities • Develops and oversees elements of the Keiki to Career action plan, to include: RAO 13 -001 a DRAFT DRAFT DRAFT o Fund, resource and partnership development strategy ■ Determine strategies to engage funders in the initiative ■ Develop community, business and other partners who can provide financial and non-monetary resources for the initiative ■ Secure support for multi-year funding of the backbone function from public, private and corporate sources o Data and continuous improvement strategy ■ Oversee the development of a system to gather data and assessments from Keiki to Career partners on identified indicators, then analyze data and prepare reports for internal and external use ■ Determine programmatic and structural changes needed to improve impact based on results o Communications and community engagement strategy ■ Develop strategies to maintain close communication with and involvement of principals and teachers ■ Develop strategies to share with parents, families, and the broader community information on the Keiki to Career initiative, progress and impact and encourage their involvement ■ Develop talking points and training for Leadership Council members to support their role as champions of this initiative ■ Offer training to Keiki to Career partners to support the effective implementation of the action plan • Reviews recommendations from the initiative's committees and makes decisions on behalf of the Keiki to Career initiative . • Maintains an overview of the Keiki to Career initiative and develops strategies to strengthen the initiative as needed . • Tracks, collaborates and maintains relationships with other education change initiatives or efforts within other communities and at the state and federal levels. • Members of the Leadership Council serve as the champions and spokespeople for the initiative, in accordance with a unified communications strategy. • The Chair of the Leadership Council is the primary point of contact and provides guidance to Kauai Planning & Action Alliance's Keiki to Career lead staff person, in his/her role in carrying out backbone organization functions and activities. Norms of Practice Meetings : Participants: • Start and end on time • Listen to learn • Have clear objectives o Contribute clearly and concisely • Are clearly focused on the larger purpose • Demonstrate shared leadership 2 DRAFT DRAFT DRAFT • Are structured so everyone has a voice • Create unity in differences, working • Promote dialogue that produces action — toward shared solutions and agreements action that produces results • Are inclusive • Trust themselves and others to speak the • Agenda and materials are provided in truth advance of the meetings • Are responsible for bringing meeting materials provided in advance • Stick to the agenda • Defer topics to a future meeting when a topic, not on the agenda, comes up • Delegate work and report back at the next session • Promote motivation, engagement, empowerment, fun and creativity Requires a Technical Approach Requires an Adaptive Approach Knowledge, expertise and skills currently exist to No fixed approach that everyone uses— address the technical issues collaboration is required to find the best "next step." Adaptive issues move in unpredictable directions and cannot be controlled . Leadership Council Ad Hoc Committees • Ad hoc Leadership Council committees will be formed to oversee strategy development and implementation for: o Fund, resource and partnership development o Data and continuous improvement o Communications and community engagement ■ Ad hoc committee membership can include members of the Leadership Council and others. The Chair of each ad committees shall be a member of the Leadership Council. • Ad hoc committee recommendations must be ratified by the Leadership Council . Decision Making Authority and Process • The LC has the responsibility for making decisions on behalf of the entire initiative after reviewing and considering the recommendations received from committees. • The LC will operate by modified consensus, to develop recommendations and will strive for full consensus whenever possible. (Consensus = everyone can live with it. ) If full consensus cannot be reached, a scale of agreement may be used . 3 DRAFT DRAFT DRAFT SCALE OF AGREEMENT 1 I 2 I 3 I 4 I 5 I really like this I like it. It It 's not I have mixed I cannot idea and can suffices. It' s necessarily feelings, but support it . I support it good my wouldn't prefer enthusiastically. enough . preference stand in the something but it doesn't way of this different. defeat my going interests. I will forward . support it. • If one or more Leadership Council members cannot live with the decision (a 5 on the scale ), a small group will meet with the person (s) to better understand their position and to see if a restated recommendation can be developed that will gain everyone's support. • As a last resort, a vote will be taken and the majority will prevail . • If there is an issue requiring discussion and a decision but insufficient time for the LC to conduct its discussion, the LC can refer the issue to its Executive Committee to develop a recommendation which will be brought back to the LC for a final decision . • If the occasion arises where a decision is needed before a Leadership Council meeting can be held, the Executive Committee will make a tentative decision and an email will be sent to all LC members for their input and agreement with the tentative decision, with .a time limit for that input (e .g., two days) . If one or more LC members cannot live with the Executive Committee recommendation, they will be asked to state their objections clearly. Then the Executive Committee will meet again to make a final decision after considering the objections expressed . • A quorum of the Leadership Council will be fifty percent ( 50%) of the total number of members plus one . A quorum of the LC is necessary to make decisions. Leadership Council Membership ■ Membership on the Leadership Council shall be by invitation from the Leadership Council . • Members shall be composed of thought leaders in the community and top-level decision makers of partnering organizations. • A multi-year commitment to the Keiki to Career initiative shall be a condition of participation . • Leadership Council members representing partnering organizations shall complete a Memorandum of Understanding' ( MOU ) affirming their commitment to the values, vision and mission of Keiki to Career Kauai and a willingness to participate in collective action . The MOU will include a statement that articulates the partnering group's anticipated involvement in and contribution to the initiative . In addition to developing action plan recommendations, the role 1 A Memorandum of Understanding ( MOU) is a formalized statement of the mutual expectations of two agencies. Although not a legally binding document, an MOU represents a signed commitment on the part of two or more parties to conduct interagency business in a specified manner. It expresses a convergence of will between the parties, indicating an intended common line of action, rather than a legal commitment. 4 DRAFT DRAFT DRAFT of the each participating partner is to serve as liaison between their group and the focus area committee, bringing input from their organization and sharing updates back to that organization and colleagues. Ex Officio Members • The Leadership Council may designate individuals with desired expertise or affiliations to serve as non-voting ex officio members. Ex-officio members will not be counted in establishing a quorum . • It is expected that each Keiki to Career focus area committee, during action planning and during the implementation phase, will include one or more Leadership Council members who will present the work of the committee to the LC and articulate the rationale for the committee's recommendations. (Approved by the Keiki to Career Leadership Council, October 19, 2012) Executive Committee Purpose The Leadership Council's Executive Committee acts on behalf of the LC within specified guidelines. Authority • The Executive Committee's authority comes from the Leadership Council and is limited . Executive Committee Responsibilities • The Executive Committee, on occasion and following a procedure outlined below, may be called upon to make decisions on behalf of the Leadership Council . • The Executive Committee may be called upon to advise the Keiki to Career staff person on issues related to implementation of the action plan and the operation of the Keiki to Career initiative. Executive Committee Decision Making Process • The Executive Committee will operate by consensus, whenever possible, to develop recommendations . ( Consensus = everyone can live with it. ) • If full consensus cannot be reached, a modified consensus approach will be used that includes first using the scale of agreement (5-point scale ) and then, as a last resort, taking a vote and going with the majority. SCALE OF AGREEMENT 1 I 2 I 3 I 4 5 I really like this I like it. It It's not I have mixed I cannot idea and can suffices. It's necessarily feelings, but support it, support it good my wouldn't I prefer enthusiastically. enough . preference stand in the something but it doesn't way of this different . defeat my going interests. I will forward . support it . 5 DRAFT DRAFT DRAFT • Executive Committee recommendations will be reviewed by the Leadership Council, and the LC will decide whether or not to ratify the recommendation • if there is an issue requiring discussion and a decision but insufficient time for the LC to conduct its discussion, the LC can refer the issue to the Executive Committee to develop a recommendation which will be brought back to the LC for a final decision . • If the occasion arises where a decision is needed before a Leadership Council meeting can be held, the Executive Committee will make a tentative decision and an email will be sent to all LC members for their input and agreement with the tentative decision, with a time limit for that input (e .g., two days) . If one or more LC members cannot live with the Executive Committee recommendation, they will be asked to state their objections clearly. Then the Executive Committee will meet again to make a final decision after considering the objections expressed . • A quorum of the Leadership Council will be fifty percent (50%) of the total number of members plus one . A quorum of the LC is necessary to make decisions. (NEW) Executive Committee Membership ' The members of the Executive Committee: • Also serve on the Leadership Council . • Are willing to make a time commitment to Keiki to Career and the Leadership Council . • Are key thought leaders of Keiki to Career who support the initiative vision and mission . • Maintain an overview of Keiki to Career, and when called upon to make a decision for the_ initiative, consider the diverse perspectives represented and act on behalf of the initiative as a whole. Executive Committee Membership The initial membership of the Executive Committee shall consist of: • Bill Arakaki • Helen Cox �.r • Mason Chock • Mark Hubbard • Lisa Mireles • JoAnn Yukimura Meetings Meeting Agendas and Notes 6 RULE 13. PARLIAMENTARY AUTHORITY Meetings shall be conducted in accordance with the Hawaii Revised Statutes, the Sunshine Law and procedures established in these Rules. On all matters of procedure not addressed in these Rules, the Commission may refer to Robert's Rules of Order, Newly Revised, for guidance in developing procedures for the conduct of Board meetings. Note: New rules adopted to proceed to rule-making and public hearing are underscored Kauai County Board of Ethics Part II Interpretive Rules Rule 1 : General Provisions 1 . 1 Purpose These rules are intended to provide clarity as to the interpretation of Article XX of the Charter. 1 .2 Compliance with Section 20 . 02D. Section 20. 02D states : "No officer or employee of the County shall appear in behalf of private interests before any County board, commission or agency. " The following definitions shall apply to the interpretation Charter section: a) Officer — the term "officer" shall include the following: ( 1 ) Mayor and members of the council; (2) Any person appointed as administrative head of any agency of the county or as a member of any board or commission; (3)The first deputy appointed by the administrative head of any department; and (4) Deputies of the county attorney. It clarifies that while the definition includes members of County (and not State) boards and commissions, it does not include members of County or State sanctioned Advisory Committees/Boards which are not authorized under the Charter. b) Employee — the term "employee" shall mean any person, except an officer, employed by the county or any department thereof c) Appear — the term "appear" shall mean the providing of oral or written testimony at a publicly noticed meeting or hearing of a board, commission, council or agency. Written or oral communication with agencies outside of a publicly noticed meeting or hearing shall not constitute an appearance. This interpretation shall not prohibit: Bolt as/3 - a � Page 20