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HomeMy WebLinkAbout2013_0419_Agenda_Packet1Kathy Clark Chair Calvin Murashige Vice -Chair Warren Perry Secretary COUNTY OF KAUAI BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, April 19, 2013 9:00 a.m. or shortly thereafter Mo'ikeha Building, Liquor Conference Room 3 4444 Rice Street, L-ihu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of March 15, 2013 Members: Kurt Akamine Mark Hubbard Brad Nagano Paul Weil COMMUNICATIONS BOE 2013 -08 Memorandum dated March 12, 2013, from JoAnn A. Yukimura, Councilmember, regarding a possible Conflict of Interest related to Agenda Item C 2013 -99, Update on the Keiki to Career — Workforce Readiness, Comprehensive Economic Development Strategy Project BOE 2013 -09 Memorandum dated March 28, 2013, from Nadine K. Nakamura, Council Vice - Chair, regarding a possible Conflict of Interest related to any and all Boards and Commissions REQUEST FOR ADVISORY OPINION RAO 13 -003 Memorandum dated April 1, 2013, from Stephen W. Long, Vice -Chair of the Kaua'i Historic Preservation Review Commission, requesting clarification as to the extent of professional architectural services he can provide to his private clients, while serving as a County Commissioner DISCLOSURE a. JoAnn A. Yukimura (County Council) b. Heath A. Prow (Building Board of Appeals) c. Laurie L. Yoshida (Cost Control Commission) d. Linda M. Dela Cruz (Public Access, Open Space Commission) 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 -006: Regular Executive Session Minutes of March 15, 2013 Pursuant to H.R.S. §924 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 -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) 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 Kauai County Charter and the Kaua'i County Code 1987 in the performance of his/her duties r (Ongoing) l a. Memorandums dated April 3, 2013, from the Board of Ethics to the County Council requesting special counsels to assist with its investigation b. Designation of representation before the County Council to request special counsels to assist with the investigation of an alleged breach of the Code of Ethics RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES -006, ES -7, and ES -002, ANNOUNCEMENTS Next Meeting: Friday, May 17, 2013 —1:00 p.m., Mo'ikeha Building, Liquor Conference Room p. 13 Lei 11:7►1u I �1►Y Y 21Page Board of Ethics — April 19, 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 §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. 3113abe Board of Ethics — April 19, 2013 COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Aft,( +� ' ;tt J Board/Committee: I BOARD OF ETHICS Meeting Date I March 15, 2013 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 9:00 a.m. End of Meeting: 11:17 a.m. Present Chair Kathy Clark; Vice -Chair Calvin Murashige; 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; Imaikalani Aiu Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Clark called the meeting to order at 9:00 a.m. with a quorum of 7 members present. Approval of Regular Open Session Minutes of February 15, 2013 Mr. Nagano moved to approve the minutes as Minutes circulated. Mr. Akamine seconded the motion. Motion carried 6:1 (abstain-Murashige) 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 A eg nda Mr. Akamine moved to receive the communication. Mr. Murashige seconded the motion. Motion carried 7:0 Request for RAO 13 -002 Request dated February 12, 2013 from Imaikalani Aiu, Special Assistant to the Housing Director for an Advisory Opinion as to Advisory whether there is a conflict of interest with his County employment and an Opinion avnointed volunteer position as a Department of Hawaiian Homelands Commissioner Mr. Hubbard asked Mr. Aiu if he would anticipate any situation that might U p arise where he would have discretionary authority that would impact both or anizations such that there might be a conflict of interest. Mr. Aiu said w A y Board of Ethics Open Session March 15, 2013 SUBJECT DISCUSSION ACTION in particular, things like legislative matters in which the Department of Hawaiian Homelands has supported legislation that requires housing credits from the County and the County has thought those exactions were too extreme. Mr. Aiu stated he does not hold any authority on the County side or speak for the County Housing Agency; that authority lies under the discretion of the Director, ultimately. Mr. Aiu does not approve the legislative package but as commissioners they are responsible for accepting, endorsing, and making changes to the legislative package if needed. Ultimately that authority rests with the State Legislature and it is only the position that the Commission takes. In those matters, Mr. Aiu does recuse himself. Attorney Clark asked Mr. Aiu to provide more information about his statement that he has engaged with the County in discussions on various collaborations in his capacity as a commissioner. Mr. Aiu said two in particular they are looking at is an inventory of lands that the County obtained from the State and is looking to partner with the Department of Hawaiian Homelands to develop a small agriculture project on one of those parcels. The other is in Anahola where they are looking to partner with DHHL to restore the irrigation systems in return for some agricultural use. That is still in the very conceptual stage but Mr. Aiu has been engaged in discussions with the Department, acting on both hats. Mr. Akamine moved that the Board find there is no conflict of interest. Mr. Perry seconded the motion. Mr. Hubbard said in and of itself there is no conflict but there could be situational conflicts arising in which case Mr. Aiu should recuse himself and Mr. Hubbard would like that caveat in the finding; however, holding two positions in itself would not be a conflict. Mr. Perry felt that was understood. Mr. Akamine pointed out that Mr. Aiu did say on those occasions he would recuse himself. Board of Ethics Open Session March 15, 2013 OM- �I SUBJECT DISCUSSION ACTION Attorney Clark asked for clarification noting for those occasions where there is a conflict, Mr. Aiu said he would recuse himself but the paragraph on page 2 of Mr. Aiu's letter indicates he is acting in both capacities and asked if he did not consider that as a conflict. Mr. Aiu said no because those are engaging in or proposing partnerships that would be mutually beneficial to both entities or that is at least the goal. Attorney Clark said he would be representing both entities in those discussions to which Mr. Aiu said yes. Mr. Hubbard thought Mr. Aiu should not make decisions for either party but he could be a mediator for both sides. Mr. Aiu said he understood. Mr. Aiu further said when it comes to a formal vote he plans to recuse himself. Mr. Weil said unless the letter strongly states the views Mr. Hubbard expressed, and with which Mr. Weil agrees, he would vote no on finding no conflict. Chair Clark asked if Mr. Akamine wanted to amend his motion to include Mr. Hubbard's suggestion. Mr. Akamine said Mr. Aiu had stated in some situations he would represent both parties and wondered if that would be a conflict. Mr. Aiu said it is more in the moderation and facilitation capacity of knowing the interests of both entities of the County and the Trust and looking for opportunities to bring them together where they can help each other out. When it comes to actual action items put before a vote for the Hawaiian Homes Commission, Mr. Aiu said he would have to recuse himself because he would carry an interest from the County side. Attorney Clark pointed out 20.04 B on matters that come before someone, the person shall make a full disclosure of the conflict and not participate. Whether there is an alignment of interest is going to be a question of fact and someone will have to determine that question of fact and you want the person who has the interest on both sides making that determination. Board of Ethics Open Session March 15, 2013 Um SUBJECT DISCUSSION ACTION Mr. Perry said there was no problem with all the hypothetical things that could arise but the one problem he has is the Code of Ordinances in the Code of Ethics is very specific in talking about fee, compensation, financial interest and yet Mr. Perry said he has not heard one thing about this whole matter that says Mr. Aiu has a fee or compensation or financial interest. For that reason, Mr. Perry supports the motion. Attorney Clark commented that it is true in the Ordinances but the Charter does not talk about compensation but an interest as might reasonably tend to create a conflict with the duties or authority. Attorney Clark reminded the Board of a prior discussion about non -profit organizations and if only talking about compensation there would never be a conflict if someone is with a non= profit organization. Mr. Perry said that takes him back to his original question when he was first appointed to this Board of what determines the Board's authority and do they apply the Charter's Code of Ethics or the County Code ,which Mr. Aiu cited, or the Board's Rules of Practice and Procedure; which takes precedence or does the Board pick and choose. Mr. Hubbard said Mr. Aiu mentioned he would have some authority as the Hawaiian Homes Commission but would he ever have any authority on the County side to make some agreement with the Hawaiian Homes. Mr. Aiu said no. Mr. Hubbard said the Board needs to determine if there is a conflict on the County side; if he has no authority to make any decisions there is no conflict in and of itself. Mr. Akamine asked Attorney Clark in pointing out 20.04 B, if she was stating there appears to be a conflict. Attorney Clark said you cannot simultaneously represent two different bodies in an action that is before your agency and thought, per se, it was a violation of 20.04 B regardless of whether there is compensation involved and regardless in the grand scheme it might be beneficial to the County. You have to look at and apply the law f Board of Ethics Open Session March 15, 2013 Page 5 SUBJECT DISCUSSION ACTION if there is a conflict. Mr. Weil asked if compensation was applied by Mr. Aiu being a paid County employee and therefore the loyalty of compensation. Mr. Perry asked what interest Mr. Aiu possessed or acquired such as it might reasonably tend to create a conflict with Mr. Aiu's County duties or authorities. Chair Clark pointed out that Mr. Aiu's letter states he is involved in project development, grant funding and legislative efforts. Mr. Perry said that as a member of the Hawaiian Homes Commission that is Mr. Aiu's duty and obligation. Chair Clark said that is actually his position with the Housing Agency. Mr. Perry said Mr. Aiu is with the County and he acquires another interest but Mr. Perry said he takes interest as something for personal gain or something that benefits someone. Right now as a member of the Hawaiian Homes Commission that does not entail an interest that Mr. Aiu has. Mr. Murashige noted in the example Mr. Aiu gave on page 2 that he has engaged with the County in discussions on various collaborations and questioned who he was engaging with as a commissioner for DHHL. Mr. Aiu said within the County it is the Office of Economic Development and within the Housing Agency leadership team. Mr. Murashige asked who Mr. Aiu is representing to the leadership team, DHHL or the County. Mr. Aiu said it is the County. Mr. Murashige asked if there was someone else from DHHL that he was engaged with. Mr. Aiu said yes, with the mechanics of DHHL staff has to come into play. Mr. Murashige said in these situations Mr. Aiu is acting in the capacity of a County employee. Mr. Aiu said when DHHL staff is present, yes. Mr. Murashige said when DHHL staff is not there does he still have discussions regarding DHHL matters. Mr. Aiu said yes, he will still say there is an opportunity with DHHL for a partnership and tell the County how he sees it. Mr. Murashi a said in that situation where staff from DHHL is not present and Board of Ethics Open Session March 15, 2013 SUBJECT DISCUSSION ACTION Mr. Aiu brings up the possibility of partnership, does he look at it from the perspective of the County. Mr. Aiu said that he is looking at it from the perspective of both; something that is beneficial to the County and to DHHL. Mr. Murashige said he had no problem when Mr. Aiu says he works for the County and is looking out for the County's interest but when he says he is looking out for DHHL then it creates a potential conflict. If his discussions involve DHHL and he is looking out for DHHL, there is a conflict. Mr. Weil asked if it was a fact that the staff members report to him. Mr. Aiu said no, they report to the Director. Mr. Weil asked through Mr. Aiu; Mr. Aiu said no. Mr. Weil asked what authority, if any, Mr. Aiu has over any of the staff members. Mr. Aiu said their authorities are to approve any type of land disposition, to approve budgets, to approve funding requests; they do not have any authority to hire, fire, or discipline any of the staff but they do work with the staff like any board does. All requests are required to go through the chair. Mr. Weil asked if Mr. Aiu's position was senior or junior to theirs. Mr. Aiu said it is distinct in the same way the Council is distinct from the Administration or should be. It is the managing board whereas the department is the operations and administration. Motion failed 3 ayes (Hubbard; Perry; Chair Clark called for the vote on the motion of no conflict. Murashige):4 nays (Weil, Nagano, Akamine, Clark) Mr. Nagano moved that the Board find there is a conflict of interest. Mr. Akamine seconded the motion. Motion carried 4 ayes (Weil, Nagano, Akamine, Clark): 3 nays (Hubbard; Perry; Murashige) Attorney Clark asked if the Board wanted to define the areas of conflict or Board of Ethics Open Session March 15, 2013 Page 7 r SUBJECT DISCUSSION ACTION just that overall there is a conflict. Chair Clark said it is impossible to have 2 masters. Mr. Perry said for a matter of clarification and elucidation in the future he would like to track the wording of 20.04 B and point out exactly where it is that this situation can give rise to a conflict. Mr. Hubbard asked if they could agree that it is the authority, not the County job, where Mr. Aiu would have a conflict and he should not make a decision that benefits someone else in the conflict. Mr. Aiu said he has no authority on the County side or the DHHL side. He did discuss this with the Attorney General and there are other employees of other State and other County agencies on the Hawaiian Homes Commission and the AG believes there is no conflict as long as they recuse themselves from motions which involve their agencies or their Counties. Furthermore there is State statute that governs time that a County employee spends with a State Commission so it is already an acknowledged practice by State Law. Attorney Clark said the Board should consider the statement of if it is dealing with your agency or the County that there is a conflict but there is not otherwise. Mr. Murashige said there may be a conflict if dealing with the agency but the County is too broad. Attorney Clark said the only thing before the Board now is the agency that Mr. Aiu works for and his position with DHHL. Mr. Akamine said he seconded the motion that there is a conflict and it was stated in general and hence the discussion to clarify. The motion has been voted on and the Board can either ask for reconsideration or there can be another motion made as to the direction for the County Attorney on what was truly meant by the motion. Chair Clark said the motion has carried and thinks that is the answer unless it is brought back for reconsideration. Business BOE 2013 -06 Discussion on whether to change meeting times and or dates to best accommodate all Board Members' schedules Board of Ethics Open Session March 15, 2013 m- _ . SUBJECT DISCUSSION ACTION Morning meetings were preferred by Mr. Nagano and Mr. Weil but very difficult for Chair Clark's schedule with most of her medical staff meetings occurring in the mornings. Staff offered the morning of the 3'd Monday of each month, the afternoon of the 4t' Thursday, or Friday morning or afternoon. Starting in April, the Board agreed to keep the meetings on the 3rd Friday of the month but move the time up to 1:00 p1m, 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 Staff explained that concern has been expressed from a board and commission member with listing their personal residence address or TMK number because of sensitive matters they are working on. Staff asked the Board to consider a notation of "personal residence" in this area without identifying the actual location. Attorney Clark said Article XIV of the State Constitution says to list property interests but does not say how it has to be listed. Attorney Clark said another way to deal with it is to redact it as being a privacy interest if there is a request. Mr. Hubbard said under State Law now, a person does not have to disclose their personal residence. Attorney Clark said the way it reads is all financial disclosure statements shall include but not be limited to sources and amounts of income, business ownership, officer and director positions, ownership of real property so it is probably better to have the disclosure (of property) and then redact it for privacy interests than to not have the disclosure at all but it is not specific in that is says ownership of real property has to be disclosed. Mr. Murashige said the purpose of a disclosure is to disclose what interests you may have and to list `personal residence' makes the disclosure meaningless; it makes more sense if there is a need to redact when a request is made. Board of Ethics Open Session March 15, 2013 Page 9 SUBJECT DISCUSSION ACTION Mr. Perry questioned what the term "list" means as stated in the disclosure section of the Charter. Also there was a change to the State statute that filers are no longer required to disclose information about real property that is their personal residence. Mr. Hubbard also questioned Act 135. Mr. Akamine said when the Board receives the disclosure statements the action the Board takes is "to receive and deem complete" so any subsequent requests by the person completing the disclosure can be acted upon then. Mr. Akamine felt the disclosure should be left as it is and upon request check if there is a legal basis to redact it. Ms. Morikami explained that one commission member up for reappointment said when she was on a State board they changed the law where it is no longer required to give your personal address and the Hawai'i State Ethics Commission changed their disclosure form for item 6 and 7 which is interests in real property held/acquired, excluding personal Mr. Hubbard moved to change the disclosure residence(s). statement, item 7 to coincide with the State's disclosure statement specifically excluding personal residences. Mr. Akamine and Mr. Perry simultaneously seconded the motion. Motion carried 7:0 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) h. John H. Murphy (Deputy Prosecutor) i. Dorothea K. Hayashi (Open Space Commission) j. Michael C. Machado (Salary Commission Fes, Board of Ethics Open Session March 15, 2013 Page 10 SUBJECT DISCUSSION ACTION 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) Mr. Akamine moved to receive the disclosures (a. -r.) and deem complete. Mr. Nagano Mr. Hubbard stated he would like to delete the phrase and deem complete seconded the motion. because the Board does not know if the disclosure is complete but the Board is receiving it. Motion carried 7:0 Mr. Murashige said that while Disclosures were being reviewed he looked at the State's Disclosure form and it is a lot more detailed than Kaua'i's form. Mr. Murashige asked Ms. Morikami why Kaua'i has not copied the State form and she said because of our Charter, Kaua'i's disclosures are not confidential but the other islands, depending on the filer's position, are confidential. Mr. Murashige noted that the State does require a lot more detail than Kaua'i's disclosure. Executive Mr. Murashige moved to go into Executive Session Session at 10:02 a.m. Mr. Akamine seconded the motion. Motion carried 7:0 Attorney Clark read the purpose for the Board to go into Executive Session for items ES -003, ES- 2, ES -3, ES -7, ES -8, ES -002, ES -004 and Es- 005 as fully described in the posted agenda. Return to Open Ratify Board of Ethics actions taken in Executive Session for items: Session ES -003, ES -2, ES -3, ES -7, ES -8, ES -002, ES -004 and ES -005 Mr. Akamine moved to ratify the Board's actions taken in Executive Session. Mr. Board of Ethics Open Session March 15, 2013 Page 11 0 SUBJECT DISCUSSION ACTION Hubbard seconded the motion. Motion carried 7:0 Announcements Next Meeting: Friday, April 19, 2013 —1:00 o.m. Mr. Weil advised the Board he would not be in attendance at the April meeting. Adjournment Chair Clark adjourned the meeting at 11:17 a.m. Submitted by: Barbara Davis, Staff Support Clerk Reviewed and Approved by: () Approved as is. () Approved with amendments. See minutes of meeting. Kathy Clark, Chair COUNTY COUNCIL Jay Furfaro, Chair Nadine K. Nakamura, Vice Chair Tim Bynum Gary L. Hooser Ross Kagawa Mel Rapozo JoAnn A. Yukimura C' C BOARDS & COMMISSIONS J Council Services Division 4396 Rice Street, Suite 209 Lihu`e, Kauai, Hawaii 96766 MEMORANDUM March 12, 2013 OFFICE OF THE COUNTY CLERK Ricky Watanabe, County Clerk Jade K. Fountain - Tanigawa, Deputy County Clerk TO: Jay Furfaro, Council Chair and Members of the Kauai County Council FROM: JoAnn A. Yukimura, Councilmemb '13 m, 1 Telephone (808) 241 -4188 Fax (808) 241 -6349 Email cokcouncil @kauai.gov NIAP 13 � C'l :02 RE: POSSIBLE CONFLICT OF INTERERT RELATED TO AGENDA ITEM C 2013-99, UPDATE ON THE KEIKI TO CAREER - WORKFORCE READINESS, COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY PROJECT 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 No. 8 of the Rules of the Kauai County Council, I hereby provide written disclosure on the record of a possible conflict of interest at the March 13, 2013 Council Meeting relating to agenda item C 2013 -99 as I am on the Leadership Council for the Keiki to Career Initiative. In light of the above, I will recuse myself from the aforementioned item during the March 13, 2013 Council Meeting and any subsequent meeting thereafter related to this item. If you have any questions, please feel free to contact me. Thank you for your attention to this matter. SS:lc cc: March 27, 2013 Council Meeting Agenda County of Kauai Board of Ethics ve Council Services Staff AN EQUAL OPPORTUNITY EMPLOYER BOE 2013 -08 COUNTY COUNCIL Jay Furfaro, Chair Nadine K. Nakamura, Vice Chair Tim Bynum Gary L. Hooser Ross Kagawa Mel Rapozo JoAnn A. Yukimura Council Services Division 4396 Rice Street, Suite 209 Lihu`e, Kauai, Hawaii 96766 MEMORANDUM March 28, 2013 OFFICE OF THE COU-N Ricky Watanabe:, Jade K. Fountain - Tanigawa, Deputy TO: Jay Furfaro, Council Chair and Members of the Kauai County Council FROM: Nadine K. Nakamura, Council Vice -Chair 1ikW Telephone ( 8C Fax Email cokcounc- I D # MAR 2 8 2C I BOARDS & COMM M RE: POSSIBLE CONFLICT OF INTEREST RELATED TO ANY XAM ALL BOARDS AND COMMISSIONS Pursuant to Section 20.04(B) of the Kauai County Charter, Section 3 -1. E the Kauai County Code 1987, as amended, and Rule 8 of the Rules of the Ka t- - County Council, I hereby provide written disclosure on the record of a posvi conflict of interest relating to any and all Budget matters related to the Offices -� Boards and Commissions, due to my husband's law firm work with this Office. In light of the above, I will recuse myself from the discussion and decisi making during the Budget Review Sessions and any subsequent meetings relate this Office. If you have any questions, please feel free to contact me. Thank you for y attention to this matter. cc: April 10, 2013 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff BOE 201 AN EQUAL OPPORTUNITY EMPLOYER Stephen W. Long, AIA & Associates Architects Engineers Planner April 1, 2013 TO: Kathy Clark, Kauai County Board of Ethics [FOIE V1 -tm;� MR 1 2013 J BOARDS & COMMISSIONS' C..::: Clarification on Providing Professional Services as a Commissioner Aloha Commissioner Clark, I am writing this letter as Vice - Chairman of the Kauai Historic Preservation Review Commission, to obtain clarification from the Board of Ethics as to what extent I may provide professional architectutral services to my private clients, while serving as a County Commissioner. At my County Council interview I made it clear that I was a practicing architect in the community. As part of my professional services my architectural plans must obtain Planning Department review and approval. My As -Built plans are often part of a Special Use Permit Application, which takes a team of consultants to prepare the Application. C -iIways communicate openly at the front counter with the Planners reviewing the plans. While I am �dCommissioner I will not be the Applicant or Authorized Agent for my client's permit applications. I will not appear before any County Commissions, including the KHPRC. I will not discuss my architectural plans with -any Commissioner. Do you see any conflict of interest in the work I have identified above. I have seen other Commissioners excuse themselves from hearing certain applications that they are a party to. Sincerely, Stephen W. Long PO Box 223459 Princeville, HI 96722 808 - 652 -8000 slong808(cDg mail. com RAO 13 =003