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HomeMy WebLinkAbout2013_0315_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, March 15 , 2013 9 : 00 a.m. or shortly thereafter Mo ' ikeha Building, Liquor Conference Room 3 4444 Rice Street, Li1iu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of February 15 , 2013 COMMUNICATIONS BOE 2013 -05 Memorandum dated February 27, 2013 , from Jay Furfaro, Council Chair, regarding a Possible conflict of Interest regarding ES-602 on the February 27, 2013 Council Meeting Agenda REOUEST FOR ADVISORY OPINION RAO 13 -002 Request dated February 12 , 2013 from Imaikalani Aiu, Special Assistant to the Housing Director for an Advisory Opinion as to whether there is a conflict of interest with his County employment and an appointed volunteer position as a Department of Hawaiian Homelands Ce Commissioner BUSINESS BOE 2013 -06 Discussion on whether to change meeting times and or dates to best accommodate all Board Members ' schedules BOE 2013 -07 Discussion and possible decision-making on the Disclosure Statement for Section VII Real Property and whether filers need to disclose the address/TMK for property used for their personal residence. DISCLOSURE a. Karen S . Matsumoto (Civil Service Commission) b. Amy A. Mendonca (Planning Commission) c. Savita Agarwal (Fire Commission) d. John K. Isobe (Planning Commission) e. Pauline D Ventura (Liquor Control Commission) f. Roy M. Morita (Civil Service Commission) g. Duane R. Curammeng (Board of Appeals) An Equal Opportunity Employer h. John H. Murray (Deputy Prosecutor) L Dorothea K. Hayashi (Open Space Commission) J . Michael C. Machado (Salary Commission) k. Josephine A. Sokei (Liquor Control Commission) 1. Lisa R. Arin (Deputy Prosecutor) m. Kathleen A. Clark (Board of Ethics) n. James R. O ' Connor (Police Commission) o. Jan W. TenBruggencate (Charter Review Commission) p. Mona W. Clark (Deputy County Attorney) q. Warren C.R. Perry (Board of Ethics) r. Mary Lou Barela (Charter Review Commission) 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 rr the Commission' s legal counsel on issues pertaining to the Commission' s and the County' s l powers, duties, privileges, immunities, and/or liabilities as they may relate to this item, deliberate and take such action as appropriate. ES-003 : Regular Executive Session Minutes of 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. 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) b . Letter dated February 19, 2013 from Deputy County Attorney Clark requesting the deposition and a final report of matters relating to ES-2, ES-3 , and ES-8 c. Deposition as provided by Special Counsel as relates to ES-2, ES-3 , and ES-8 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 2I .Page Board of Ethics — March 15 , 2013 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) c. Deposition and Exhibits as provided by Counsel 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-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 (Ongoing) a. Memorandum dated February 20, 2013 , from the Board of Ethics requesting special counsels to assist with its investigation ES-004 : BOE 13 -002 Complaint dated February 15, 2013 , that an officer or employee of the County has breached the Code of Ethics, § 20.03 , Item E based on favoritism and discrimination ES-005 Request dated February 15 , 2013 , to various agencies including the Board of Ethics for assistance with living conditions RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items : ES-003 , ES-2, ES-3 , ES-7, ES- 8, ES-002, ES-004 and ES-005 3IPage Board of Ethics — March 15, 2013 ANNOUNCEMENTS Next Meeting: Friday, April 19, 2013 — 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 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. 4 ( Page Board of Ethics — March 15 , 2013 COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: BOARD OF ETHICS Meeting Date February 15, 2013 Location Mo ` ikeha Building, Liquor Conference Room 3 Start of Meeting: 1 : 30 p.m. End of Meeting: 3 : 25 p.m. Present Chair Kathy Clark; Secretary Warren Perry; Members : Kurt Akamine; Mark Hubbard; Brad Nagano ; Paul Weil Also : Deputy County Attorney Mona Clark; Boards & Commissions Office Staff: Support Clerk Barbara Davis ; Administrator Paula Morikami; Administrative Aide Teresa Tamura; Deputy County Attorney Mauna Kea Trask Excused Vice-Chair Calvin Murashige Absent SUBJECT DISCUSSION ACTION Prior to the start of the meeting, Council Administrative Assistant Eddie Topenio gave the Oath of Office to Board members Kathleen Clark and Warren Perry. Call To Order Chair Clark called the meeting to order at 1 : 30 p.m. with 6 members present which constituted a uorum. Public Hearing BOE 2013 -01 Kaua'i County Board of Ethics Rules and Regulations (notice published January 16, 2013 in the Garden Island newspaper) Chair Clark called the Public Hearing to order at 1 : 30 p .m. and asked for public comments on the proposed adoption of Parliamentary Authority to the Board ' s Rules . With no one coming forth to provide comments, Chair Clark closed the Public Hearing, Request to Chair Clark noted the receipt of a letter from Deputy County Attorney Amend the Mauna Kea Trask and asked for a motion to add the request for an Agenda Advisory Opinion to the agenda just before the agenda item Business. Mr. Perry so moved. Mr. Akamine seconded the motion. Motion carried 6 : 0 Approval of Regular Open Session Minutes of January 18 , 2013 Mr. Perry moved to approve the minutes as Minutes circulated. Mr. Akamine seconded the motion. Motion carried 6 : 0 V1 Lo Board of Ethics Open Session February 15 , 2013 Page 2 SUBJECT DISCUSSION ACTION 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 the Agenda Item C 2013 -46 (Kaua'i Island Utility Cooperative (KIUC) Interconnection Agreements Mr. Perry moved to receive both communications . Mr. Akamine seconded the motion. Motion carried 6 : 0 Request for RAO 13 -001 Letter dated February 1 , 2013 , from JoAnn Yukimura, Advisory Councilmember, requesting an advisory opinion regarding her role as a Opinion member of both the Kaua'i County Council and the Leadership Council of the Keiki to Career Kaua'i Project who will be presenting a progress ss report to the County Council on March 13 , 2013 Mr. Weil moved that the Board find there is no conflict. Mr. Akamine seconded the motion. Mr. Nagano said read from the criteria of the Keiki program in which their fundraising efforts will be to "secure support for multi-year funding of the backbone function from public, private and corporate sources". Mr. Nagano questioned if "public" needs to be clarified because if that is the government there is a conflict as a Councilperson. Mr. Hubbard stated that he is also a member of the Leadership Council for Keiki to Career; however, he does not feel he has a conflict with regard to discussing this request. Mr. Hubbard said he liked Mr. Nagano ' s comments because the question always comes up about money. Mr. Hubbard said he would like to see the motion reflect the question "do I have a conflict of interest which would prohibit me from participating in a Council meeting as it relates to the progress report (emphasis stated by Mr. Hubbard) for the project". Mr. Hubbard' s answer was no; there is no Board of Ethics Open Session February 15 , 2013 Page 3 SUBJECT DISCUSSION ACTION conflict. Mr. Hubbard said he suspects Ms. Yukimura might want a little more than that such as what if they ask the Council for money but the Board should not answer that right now because the Board is not being asked to answer that. Mr. Nagano asked if the draft program was not also part of her letter to the Board. Mr. Akamine said the question that was asked is "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?" Mr. Nagano ' s point is well taken but it was not about funding; she is asking about that one meeting as it relates to the progress report of that project. Mr. Akamine asked if the Board needed to clarify the motion to reflect Ms. Yukimura' s question. Mr. Perry said he bounced off of the request from the ethics provision and it says any elected official (JoAnn Yukimura) who is an owner, officer, executive director or director of an organization who possesses interest and might reasonably tend to create a conflict with his duties or authorities but it does not specify what sort of things are coming before that person that may or may not cause a conflict. This (Leadership) Council does not have a Board of Directors, they have a Council so what does the Council analogous do . Mr. Hubbard said they act as an advisory board; they do not have the fiduciary. Mr. Perry said he looked at what a Leadership Council does, the purpose, the responsibilities and it smells like they have a chair, it smells like a board of directors. You can call it a member of a council but Mr. Perry sees it as members of a council who are members of a board of directors. In the Charter it says if you are a director; this looks like a director, smells like a director, makes noise and has responsibilities like a director and it does not specify which sorts of actions are or are not in conflict. Just given the clear wording and reasonable interpretation of ethics, there is a conflict because Mr. Perry thinks Ms. Yukimura belongs to a board of directors of a non-profit organization that will come before her for official action, so there is a conflict. Mr. Na ano said it also states Board of Ethics Open Session February 15, 2013 Page 4 SUBJECT DISCUSSION ACTION that she is a member of the executive committee. Mr. Perry said Ms. Yukimura also says the executive committee takes direction from the Leadership Council and she is a member of the Leadership Council and while not knowing what a Council is, it smells like a board of directors. Chair Clark said the question before this Board is is there a conflict with her sitting on the County Council when they receive progress reports and not recusing herself. Mr. Perry said that is the direct language from Ms. Yukimura' s request but sitting on the Council also infers official action; not just sitting there doing nothing. Chair Clark said the Board needs to answer the question before them and there is a motion on the floor. Mr. Hubbard said if the Board wishes to expand and say there is a conflict he would tend to agree with Mr. Perry and Mr. Nagano. However, one could argue that these two functions, the Leadership Council and Keiki Career, are for public education and the interests are the same as the County Council . If the Leadership Council asked the County Council for a letter of recommendation, Mr. Hubbard thought there would be no conflict there because that is something the County Council can give lots of. If they ask for money from the County Council that is money that could go to someone else and even though the interests are very similar there is a conflict. Even though it is not a board it is very likely it will be a board in the future if they spin off and become their own non-profit. The conflict of interest definition in the State Ethics talks about advisory boards so if this is expanded, there is a conflict. Mr. Hubbard said he would say there is no conflict with a progress report on March 13 if they are very specific. But if it is expanded and the Leadership Council comes back and asks for money then Ms. Yukimura would ask for another opinion. Mr. Weil said that is what she would have to do . Chair Clark said this Board always tells her to answer the question before Board of Ethics Open Session February 15, 2013 Page 5 SUBJECT DISCUSSION ACTION them. Mr. Akamine said what is before the Board today is the question of whether Ms. Yukimura has a conflict as it relates to the progress report on that particular date. Chair Clark said if the Board agrees to that she would suggest the letter be very firm stating the response is for this particular question. Mr. Perry believed the letter could say as a director of an organization and a member of the County Council there is a conflict if one acts as a member of the County Council on something coming from that organization. Mr. Perry said he did not want to get caught in people asking for opinions where they state it so narrowly. Mr. Weil said the counterpoint is this Board ' s function is not to speculate on what other scenarios might become involved. Attorney Clark said the question of participation has something to do if, as a participant in the matter before the Board, the participant directs any of the questions or focuses the attention or somehow has an effect on what is coming before the Board. The general rule of when the Attorneys go to Council as far as if there is a conflict, the person recuses themself and does not participate at any level in the conversation concerning the item before the Council, not just whether they vote on the item. Mr. Perry agreed saying "shall not participate". Mr. Nagano asked if that same scenario would fit Mr. Hubbard as he is on the Leadership Council and he is discussing it or influencing this Board. Mr. Hubbard said he would agree if the request came from the Leadership Council that he would have a conflict. But the request came from Ms. Yukimura who happens to be on the Leadership Council and the decision is about Ms. Yukimura, not the Leadership Council . Mr. Akamine said in addressing this particular request the Board needs to be careful it not be interpreted to have a broader impact about other Council member' s activities outside the Council . Mr. Akamine said the motion needs to be specific to the relative question that Board of Ethics Open Session February 15 , 2013 Page 6 SUBJECT DISCUSSION ACTION was given to the Board. Mr. Weil said they have already said that the opinion letter, if the motion passes, should deal with the specificity of the motion which relates solely to the question raised by the inquiry. Mr. Akamine asked that the motion be restated. Mr. Weil said the motion is that the Board finds, with reference to the specific letter and question posed by Ms. Yukimura, there is no conflict. Roll Call : Akamine — Aye; Hubbard — Nay; Nagano — Nay; Perry — Nay; Weil — Aye; Clark — Aye. Motion failed : 3 : 3 Mr. Perry said if they make a motion to say there was a conflict the vote would probably also be 3 : 3 . It was also noted that the next Board of Ethics meeting is after the March 13 County Council meeting which precludes asking Ms. Yukimura to appear before the Board to answer questions. Mr. Akamine referenced Mr. Nagano ' s comment and asked the County Attorney to opine on Mr. Hubbard' s participation in the decision on this matter given his capacity on the Leadership Council. Attorney Clark said they would still need a majority vote even if Mr. Hubbard did not participate. Chair Clark asked if they could respond to Ms. Yukimura saying the Board did not feel it had enough information to reach a majority opinion. Mr. Akamine moved to advise Ms. Yukimura that the Board did not have enough information to reach a majority opinion. Mr. Perry seconded the motion. Motion carried 4:2 (nays — Hubbard; Weil) Mr. Hubbard moved that the Board reply to the request for an opinion stating that the Board considers Ms. Yukimura as a director of an or anization therefore under Section 20. 04 B she Board of Ethics Open Session February 15 , 2013 Page 7 SUBJECT DISCUSSION ACTION would be in conflict if she participates in any meeting related to the Leadership Council before the County Council. Chair Clark said that was an opinion and the Board just voted (that there was not enough information to make an opinion) . Mr. Hubbard said his motion was a motion to make a decision. Attorney Clark asked if this was a motion to reconsider Mr. Akamine ' s motion. It was agreed that the last motion was not in order, Letter dated February 13 , 2013 , from Deputy County Attorney Trask requesting an advisory opinion on whether there is a conflict of interest if he attends the March 2, 2013 , Humane Society Fundraiser as a guest of Grove Farm Senior Vice President Michael Tressler, Deputy County Attorney Trask thanked the Board for accommodating his request to be placed on the agenda. Mr. Trask stated he does not have any pending litigation cases against Grove Farm. They are a very large landowner on the island so there are a lot of issues including the sighting for the new landfill, the Puhi Metals issue and more recently the Planning Department' s support of Grove Farm' s petition to the LUC (Land Use Commission) for their self-designation of their lands as Ag lands. The decision was made totally by the Planning Department and Mr. Trask had nothing to do with that decision but he did represent the Planning Department in front of the Land Use Commission and there are a myriad of other issues involving Grove Farm. Mr. Trask stated he provides his client (the County of Kaua'i) with advice and counsel as well as representation but does not make any policy calls and would never make the ultimate call of whether to go right or left with Grove Farm or any one of its corporate subsidiaries. Mr. Trask stated he is involved in the process and does give advice to keep the client informed in order to make the decision ultimately. Mr. Trask said he did call the Office of Disciplinary Counsel, which is an Board of Ethics Open Session February 15 , 2013 Page 8 SUBJECT DISCUSSION ACTION agency on the arm of the Hawai'i Supreme Court that advises licensed attorneys in the State of Hawai'i and prosecutes charges under the Hawai'i Rules of Professional Conduct and are the specific rules for attorneys. Mr. Trask received an oral opinion from Charlene Norris who referred Mr. Trask back to the Board of Ethics as there is nothing in the Attorney Rules. Mr. Akamine asked if the invitation was as a guest of Grove Farm via Mike Tressler or Mike Tressler personally. Mr. Trask understood it as Mike Tressler personally. With a lot of these fundraisers the people who are in and around town, they are giving, and choose to or have a need to attend these charities so they buy tables and invite people to join them. Mr. Trask again said he understood the invitation was as Mr. Tressler' s guest but he did not think to ask further whether it was Grove Farm. Mr. Perry said the pilikia part was "guest of Grove Farm Senior Vice President Mike Tressler". You remove those words and leave only Mike Tressler you do not have a problem. Mr. Perry said that Mr. Trask stated he considered Mr. Tressler as a social friend, acquaintance, and questioned how that relationship developed. Was it as a member of the County Attorney' s Office or as an individual prior to that because a lot of governmental workers do form those friendships and relationships. The Code of Ethics says no officer or employee of the County shall solicit, accept or receive directly or indirectly any gift, money, service, loan, travel, entertainment under circumstances in which it can reasonably be inferred that the gift is intended to influence him in the performance of his official duties or is intended as a reward for past actions; that is the pilikia part. Mr. Trask said he may have met Mr. Tressler throughout his life but the majority, if not 100% of that time, was through County work. Mr. Hubbard stated this was a gift, which is not insignificant, and Mr. Trask cannot accept it; it does not matter about any relationship. Mr. Trask said it all comes down to reasonableness and can it reasonably be inferred. Board of Ethics Open Session February 15, 2013 Page 9 SUBJECT DISCUSSION ACTION Mr. Trask said he would not allow anything to influence him as far as advising his client but as arbiters of reasonableness he will follow the Board ' s decision. Mr. Perry moved it would be a conflict for Deputy County Attorney Mauna Kea Trask to attend the March 2, 2013 , Humane Society fundraiser as a guest of Grove Farm' s Senior Vice President Mike Tressler. Mr. Weil seconded the motion. Motion carried 6 : 0 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 Mr. Perry moved that the Board adopt Robert' s Rules. Mr. Akamine seconded the motion. Motion carried 6 : 0 Disclosures 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) Board of Ethics Open Session February 15 , 2013 Page 10 SUBJECT DISCUSSION ACTION 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) Mr. Hubbard asked if the Board requires every source of income be listed or only those sources over $ 10,000. Chair Clark said she thought you list the source of income and if it is less than $ 10,000 you do not have to say what it is and if it is more than $ 100,000 you list it as greater than $ 100,000. The form does say to list all your employers but that does not help if someone is self-employed. Based on what Mr. Blake submitted, Mr. Perry said the disclosure would be deemed complete unless the Board finds information otherwise where they can then go back to that person. Mr. Perry pointed out that Council Chair Furfaro stated he had not represented anyone since 2010 but the request is to list (representation) for the past 5 years. Chair Furfaro stated the Board does have his previous disclosure and he also did not list income under $ 10,000 so he is confused now. Mr. Perry suggested relative to -the 2010 date Mr. Furfaro can list on his disclosure "for prior representation see prior submission". Mr. Perry also stated that he did not think Councilmember Yukimura' s form was complete because there was nothing listed for the Youth Council for which she just sent a letter to this Board. Mr. Hubbard said it is not a Board, just an initiative. Mr. Perry asked how he could rule her disclosure as deemed complete when at this meeting he heard about the Youth Council . Chair Clark then read the request for Item V of the Disclosure. Mr. Hubbard said technically it is just an advisory board. Mr. Nagano said it is still an organization. Keiki to Career is an initiative, it is not an organization. KPA is an organization. Mr. Akamine moved to deem complete and Board of Ethics Open Session February 15, 2013 Page 11 SUBJECT DISCUSSION ACTION receive disclosures a. through y. with the exception of m. Mr. Nagano seconded the motion. Motion carried 6 : 0 Mr. Hubbard moved to deem complete and receive disclosure m. Mr. Weil seconded the motion. Mr. Perry stated Ms. Yukimura' s letter refers to the attached Leadership Council Charter and she is a member of that organization and in so many words is a director of that organization. Mr. Hubbard withdrew his motion. Mr. Weil withdrew his second. Mr. Akamine noted it would be helpful to the Board if disclosures could be completed with either a zero or some indication of current annual income. Ms. Davis said the people could be called back in to complete the sections but keep in mind that disclosures are sometimes mailed in or sent via inter- office mail and the office does not always see the applicant. In the case of Mr. Blake, he was a County Council appointee and they forwarded the disclosure to our office. Mr. Hubbard said maybe this Board should . review how to complete the form because in the past they had to write N/A but a previous Board got rid of that because everyone was leaving it blank and the forms had to be sent back. Mr. Hubbard said he was not saying either way was right or wrong. It was noted for the record that Mr. Furfaro was present at the meeting and clarified that he had resigned from all boards since 2010. Executive Attorney Clark read the purpose for the Board to Session go into Executive Session for items ES-001 , ES- 2, ES-3 , ES-7, ES-8 and ES-002 as fully described in the posted agenda. Mr. Perry moved to go into Executive Session at 2 :41 p.m. Mr. Akamine seconded the motion. Board of Ethics Open Session February 15 , 2013 Page 12 SUBJECT DISCUSSION ACTION Motion carried 6 :0 Return to Open Ratify Board of Ethics actions taken in Executive Session for items : Session ES-001 , ES-2, ES-3 , ES-7. ES-8 and ES-002 Mr. Akamine moved to ratify the Board' s actions taken in Executive Session. Mr. Weil seconded the motion. Motion carried 6 : 0 Announcements Chair Clark asked if it would be agreeable for the Board Members to change the meeting time on March 15 to 9 :00 a.m. instead of the scheduled 1 : 30 p.m. The Board agreed to meet at 9 : 00 a.m. on March 15 . March agenda to include consideration of future meeting days and times. Adjournment Chair Clark adjourned the meeting at 3 :25 p.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 ��5� % 90O 5 P OFFICE OF THE COUNTY CLERK Jay Furfaro, Chair Nadine K. Nakamura, Vice Chair U ^pkicky Watanabe, County Clerk Tim Bynum Jade K. Fountain-Tanigawa, Deputy County Clerk Gary L. Hooser v►a Ross Kagawa Telephone (808) 241 -4188 0 Mel Rapozo of 013 FEB 26 0 2 :4 ax (808) 241 -6349 JoAnn A. Yukimura Email cokcouncil @kauai.gov Council Services Division 4396 Rice Street, Suite 209 Lihu`e, Kauai, Hawaii 96766 T . C ' i MEMORANDUM February 26, 2013 o 2 Z 2013 . .4) f TO : All Councilmembers � BOARDS & COMMISSI J FROM : Jay Furfaro , Council Chair RE : POSSIBLE CONFLICT OF INTER REGARDING ES-602 ON THE FEBRUARY 27, 2013 COUNCIL MEETING AGENDA 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 ES -602 , regarding a claim filed on my behalf against the County. The claim was filed on or about October 30 , 2012 , and was previously on the Council's agenda as C 2012- 441 . As I have a direct personal interest in the outcome of this claim, I am recusing myself from participating in this matter. Should you have any questions , please feel free to contact the Council Services Division at 241 - 4188 . Thank you for your attention to this matter . CNT: aa cc : March 13 , 2013 Council Meeting Agenda Board of Ethics AN EQUAL OPPORTUNITY EMPLOYER OMLIh I � February 12, 2013 r ! ' ' FEB 12 2013 E 1 L Chair Kathleen Clark and r BOARDS & COMMISSIONS a Members of the Board of Ethics c/o Office of Boards and Commissions 4444 Rice Street, Suite 150 Uh u 'e, Hl 96766 Dear Chair Clark and Members of the Board of Ethics, I am writing to request an Advisory Opinion on whether my appointed volunteer position as a Department of Hawaiian Homelands Commissioner is a conflict with my county employment My current position is Special Assistant the Housing Director. As such I am involved in project development, grant funding and legislative efforts for the County Housing Agency. My responsibilities as a DHHL Commissioner are in essence the sound management of the trust assets to serve the purposes of the Hawaiian Homes Act. More specifically this is carried out through the approval of leases and other land dispositions, budget and spending approvals, and setting policy in line with the strategic goals of the Commission . With regard to Section 3-1 . 7 of the Kauai County Code : (a) No employee shall take any official action directly affecting: (1) A business or other undertaking in which he has a substantial financial interest; or (2) A private undertaking in which he is engaged as legal counsel, advisor, consultant, representative, or other agency capacity. (b) No councilman or employee shall acquire financial interests in any business or �. .. other undertaking which he has reason to believe may be directly involved in official action to be taken by him. These provisions speak largely to business and financial interests in private entities. The Department of Hawaiian Homelands is public entity in which, I have no financial interest. I do not meet the blood quantum to be a beneficiary of the trust, nor do I receive any salary as a Commissioner. My compensation is limited to travel and meal expenses. (c) No councilman or employee shall assist any person or business or act in a representative capacity before any County agency for a contingent compensation in any transaction involving the County. (d) No councilman or employee shall assist any person or business or act in a representative capacity for a fee or other compensation to secure passage of a bill or to obtain a contract, claim, or other transaction or proposal in which he has participated or will participate as a councilman or employee, nor shall he assist any person or business or act in a 20 A representaiyi. a capacity for a fee or other compensation on a bill, contract, claim or other transaction or proposal before the Council or agency of which he is an employee or councilman. 1 have engaged with the County in discussions on various collaborations in my capacity as a Commissioner, however this is not done for any compensation, and it has always been at the level of conceptual discussion or proposal on collaborative projects with the intent of benefit to both the County and DHHL. Representation on behalf of DHHL in any official transaction before the County would be handled by the Chair or her designee. (e) No employee shall assist any person or business or act in a representative capacity before a County agency for a fee or other consideration on any bill, contract, claim, or other transaction or proposal involving official action by the agency if he has official authority over that County agency unless he has complied with the disclosure requirements of Section 3- 1.9. (Sec. 20. 01, Art. XX, Charter; Sec. 25, C. O. 1971; Sec, 3-1 . 7, R. C. O. 1976) My position with the County does not carry any authority over the Housing Agency to engage in transactions. By and large the authority of DHHL and the Housing Agency have little overlap as the county does not have jurisdiction over DHHL lands. Permits for land development on DHHL lands within the County of Kauai are required by DHHL to ensure that development standards are complied with and issued as a courtesy by the County. The Kauai County Housing Agency does control the issuance of Affordable Housing tax credits to DHHL. As practice I am not involved in these discussions or decisions and have conversely recused myself from decision making on the Commission . Much of the language in the code of ethics ties any representation to receiving compensation or having a financial interest, neither of which I have in the Department of Hawaiian Homelands . As such I believe I can continue to serve in both capacities and foster a mutually beneficial relationship between the two agencies. r I hope the board concurs with this conclusion and look forward to discussing this with you . Please let me know if you have any questions. Thank you . Mahalo, Imaikalani Aiu Special Assistant to the Housing Director NOTICE OF CHANGES TO FINANCIAL DISCLOSURE LAW ( EFFECTIVE JANUARY 1 , 2006 ) In 2005 , the State Legislature passed Act 135 . This act took effect on January 1 , 2006 . Act 135 made changes to the financial disclosure law for state officials and employees . These changes are reflected in a new financial disclosure form that has been sent to financial disclosure filers this year. Act 135 made the following changes to. the financial disclosure law: • Filers must now report ownership interests in businesses and real property located outside the State of Hawaii in addition to reporting ownership interests in businesses and real property that are located in the State of Hawaii . In the past , filers were only required to report those interests located within the State . • Filers are no longer required to disclose information about real property that is their personal residence (or the personal residence of their spouse or dependent children ) . In the past, this information was required to be reported on the financial disclosure form . For security reasons , this requirement has been eliminated . • If a filer leaves a state position that requires a financial disclosure statement , and the filer has not filed a disclosure statement within the past one hundred and eighty days , he or she must file an "exit disclosure statement" with the State Ethics Commission within thirty days of leaving that state position . The financial disclosure form and instructions that filers are receiving this year reflect the changes made by Act 135 . If you would like to react Act 135 , visit the Hawaii State Ethics Commission 's website at www . hawaii . gov/ethics and click on " New Legislation . " If you have any questions about the financial disclosure law, or if you need help filling out you r form , please contact the Commission 's office at (808 ) 587-0460 . J?jE 626 /6 - 07 atisc .. G aa� � 0 BOARD OF ETHICS COUNTY OF KAUAI DISCLOSURE STATEMENT THIS DOCUMENT SHALL BECOME A PUBLIC RECORD AFTER THE BOARD OF ETHICS HAS EXAMINED IT AND DEEMED IT TO BE COMPLETE I . GENERAL INFORMATION NAME: ( First) ( Middle) ( Last) ^Jme of Spouse: POSITION TITLE : Indicate your elected or appointed County position , Board or Commission , or the public office you are filing for: ❑ 1 am a Candidate for Public Office : (Name of Public Office) ❑ 1 am an Elected or Appointed Official of Kaua'i County: (Position Title) ❑ 1 am an Appointed member of a Board or Commission (Name of Board or Commission ) II . EMPLOYMENT list all employment other than County employment (including part time employment) EMPLOYER POSITION III . CURRENT ANNUAL INCOME - list all sources and amounts of income greater than $ 1 , 000 (i .e. , wages , income from rental of real estate, loan repayments , stock dividends, interest on savings or bonds, retirement income, social security etc. ) including your County of Kaua'i income Source (required: name of company) Current Annual Income (you may round to nearest $ 10,000 . If more than $ 100,000, you may list >$ 1001000) Disclosure Form April 8 , 2011 We BUSINESS INTERESTS - list all businesses, partnerships or sole proprietorships and the percentage of interest in which you have an interest ( please identify acronyms appropriately) . Business Name Percent Ownership Interest Check here if Business contracts With the Count V. POSITION HELD IN BUSINESS OR ORGANIZATION - List in the space below the information requested for all organizations (whether corporations, non-profit corporations, unincorporated organizations , partnerships , etc. , and identify acronyms appropriately) in which you are an official of the organization (for example president, vice-president, secretary, treasurer, trustee, agent, board member, etc. ) COr4anization Name Position VI . CREDITORS - List the name of every person , business, organization or corporation (excluding credit cards) to whom you owe money. VII . REAL PROPERTY — list the street address or tax map key number of any real estate in which you have an interest. (pursuant to The Constitution of the State of Hawai'i , Article XIV) Address/Location Tax Map Key Number Disclosure Form April 8 , 2011 VIII . REPRESENTATION BEFORE GOVERNMENT AGENCIES - List the names of all persons , corporations , organizations, partnerships, etc. , that you have represented before any government agency ( Federal, State or County), board or commission in the last five years : Name of person , company, etc. Board/Commission/Agency Year IX. CREDITOR INTEREST IN INSOLVENT BUSINESSES = List the name of any insolvent business which owes money to you . CERTIFICATION - MUST BE SIGNED IN FRONT OF A NOTARY PUBLIC I hereby certify that the above statements made by me are true, complete and accurate to the best of my knowledge and belief. I further understand that if I acquire or possess an interest that might reasonably tend to create a conflict of interest with my duties or authority, or I or a member of my immediate family, which includes parents, siblings, spouse or children , is an owner, officer, executive director or director of an organization in any matter pending before me, I shall make full disclosure of the conflict of interest and shall not participate in said matter. Signature Doc. Date: # Pages: Doc. .Description: Notary Name: Circuit Subscribed and sworn to before me this day of , 20_ Notary Public, State of Hawaii My commission expires: Disclosure Form April 8 , 2011