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HomeMy WebLinkAbout2013_0517_Notice_AgendaKathy Clark Chair Calvin Murashige Vice -Chair Warren Perry Secretary COUNTY OF KAUA'I BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, May 17, 2013 1:00 p.m. or shortly thereafter Mo'ikeha Building, Liquor Conference Room 3 4444 Rice Street, Lihu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of April 19, 2013 Members: Kurt Akamine Mark Hubbard Brad Nagano Paul Weil REQUEST FOR ADVISORY OPINION RAO 13 -004 Request dated May 7, 2013, from Paula M. Morikami, Administrator for the Office of Boards and Commissions, as to whether there is a conflict of interest for Hugh Strom, Executive Vice President of Aqua Engineers, Inc., to be appointed and serve as a member on the Board of Water Supply DISCLOSURE a. Ernest L. Kanekoa, Jr. (Police Commission) b. Heidy K. Huddy - Yamamoto (Fire Commission) c. Joanne P. Nakashima (Cost Control Commission) d. Angela M. Anderson (Planning Commission) EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes § §92 -4 and 92 -5 (a) (4), 92 -9 (a)(14) (b), the purpose of this executive session is to receive and approve Executive Session minutes and to consult with the Commission's legal counsel on issues pertaining to the Commission's and the County's powers, duties, privileges, immunities, and/or liabilities as they may relate to this item, deliberate and take such action as appropriate. ES -007: Regular Executive Session Minutes of April 19, 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 An Equal Opportunity Employer 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 -008: 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 -009: 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 (Ongoing) a. Memorandum dated 4/26/13 from Council Chair Furfaro requesting notification at a Committee of the Whole meeting for an update when Special Councils have been retained and the status of funds available as the investigation progresses. RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES -007, ES -008, and ES -009 ANNOUNCEMENTS Next Meeting: Friday, June 21, 2013 — 1:00 p.m., Mo'ikeha Building, Liquor Conference Room The Office of Boards and Commissions will no longer be providing bottled water to our members starting July 15t, 2013. This is one of our sustainability goals. Staff will provide cold water using a filtered system (i.e. Brita), so please bring in your water bottle that was provided to you. Mahalo. 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 §924 and shall be limited to those items described in HRS §92 -5(a). c: Mona Clark, Deputy County Attorney 2 1 P a g e Board of Ethics — May 17, 2013 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 Llhu`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. Board of Ethics — May 17, 2013 3 1 P a g e COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: BOARD OF ETHICS Meeting Date April 19, 2013 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 9:00 a.m. End of Meeting: 9:37 a.m. Present Chair Kathy Clark; Secretary Warren Perry; Members: Kurt Akamine; Mark Hubbard; Brad Nagano Also: Deputy County Attorney Jennifer Winn; Boards & Commissions Office Staff: Support Clerk Barbara Davis; Administrator Paula Morikami; and Kauai Historic Preservation Review Commissioner Stephen W. Long Excused Vice -Chair Calvin Murashige; Paul Weil Absent SUBJECT DISCUSSION ACTION Call To Order Chair Clark called the meeting to order at 9:00 a.m. with a quorum of 5 members resent. Approval of Re ular Open Session Minutes of March 15, 2013 Mr. Akamine moved to approve the minutes as Minutes circulated. Mr. Nagano seconded the motion. Mr. Perry questioned the wording in the first full paragraph on Page 7 but with the absence of Attorney Clark and Mr. Murashige, the Board would not be able to clarify what was said or if the comments were substantive. Motion to approve as circulated carried 5:0 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. Mr. Akamine moved to receive communications BOE 2013 -08 and BOE 2013 -09. Mr. Perry seconded the motion. Motion carried 5:0 Nakamura, Council Vice - Chair, regarding a possible Conflict of Interest related to any and all Boards and Commissions Request for Memorandum dated April 1, 2013, from Stephen W. Long, Vice -Chair of the Kauai Historic Preservation Review Commission r uestin Advisory Opinion Board of Ethics Open Session April 19, 2013 Page 2 SUBJECT DISCUSSION ACTION clarification as to the extent of professional architectural services he can provide to his private clients, while serving as a County Commissioner Mr. Long advised the Board that he was appointed by the County Council to the Historic Preservation Review Commission and is currently the Vice - Chairman of that Commission. Mr. Long stated he is a practicing architect within the community and is asking for a clarification on the boundaries of his professional services and his volunteer services with the County and how that might interface with any other Commissions and the County's ethical concerns. Mr. Long stated he has been on the Commission for approximately 6 months and the Commission is supported by Myles ( Hironaka), Ian (Jung), and Shan (Jimenez) from the Planning Department and the County Attorney's Office. Mr. Long thought Mr. Hironaka's role was to support the Historic Preservation Commission. Ms. Morikami added that Mr. Hironaka was like an Office Manager and she did not think he reviewed plans. Mr. Hubbard ascertained that Mr. Hironaka does not work the front office area nor does he appear before the Planning Commission. Ms. Morikami added that Mr. Hironaka used to be the long -range planner for the Planning Department and took over Mr. Tsuchiya's position when he retired. Mr. Hubbard asked if an architect who has dealings with the Department would be dealing with Mr. Hironaka. Ms. Morikami said as she understands it they would not have any dealings with Mr. Hironaka. Mr. Long believed the planner assigned to the Commission was Dale Cua. Ms. Davis pointed out that photocopy on the back of Mr. Long's request letter was an outline of the ordinance governing the Historic Preservation Review Commission and the requirements listed in that ordinance for appointment to the Commission. Mr. Hubbard said in 2007, the Board of Ethics ruled for Caven Raco, an architect who was on the Planning Board of Ethics Open Session April 19, 2013 Page 3 SUBJECT DISCUSSION ACTION Commission, that he could continue doing his work as an architect and dealing with clients but he could not have direct interface with the Planning Department, Mr. Akamine noted there was also an Advisory Opinion given in January 2007 in which the Planning Department was requesting clarification for the Historic. Preservation Review Commission, which requires one member to be a licensed architect but poses a potential conflict if that person has worked on projects that come before the Commission for review. Additionally that Commission member may wish to bid on projects. The findings were referenced to the Code of Ethics § §20.02 C, 20.03 A, and 20.04 B, which point out several areas of potential or clear conflict; clear conflict on the voting if there is an issue of financial interest and a contractual issue if this individual's firm is awarded a contract. It was recommended that any appointee be given those sections for review. Mr. Perry said he looked at the. Code and the Charter and any member who possesses an interest which might reasonably tend to create a conflict with his duties or authorities, which Mr. Perry believed were the duties or authorities of his Commission, shall make full disclosure and shall not participate in that matter. Chair Clark asked if requiring an architect be part of the Commission has any bearing. Mr. Perry said the fact that an architect is required to be on the Commission shows that maybe sometimes the right hand doesn't know what the left hand is doing. Mr. Akamine moved that there is no conflict for Mr. Long to be a part of the Kaua'i Historic Preservation Review Commission. Mr. Perry Mr. Perry said given the statements of Mr. Long, he did not think there seconded the motion. was a conflict between what he is doing as a private architect and his duties and authority as a Commission member of the Historic Preservation Review Commission. Mr. Hubbard said relating to Mr. Lon 's request Board of Ethics Open Session April 19, 2013 Page 4 SUBJECT DISCUSSION ACTION letter, the third paragraph says Mr. Long always communicates openly and while he is a Commissioner he will not be the applicant or authorized agent for his client's permit applications and will not appear before any Commissions including his own nor discuss any architectural plans with any Commissioner. If any of Mr. Long's client's permits or issues come before his Commission, Mr. Hubbard said he assumed Mr. Long would recuse himself and not participate. Mr. Long said absolutely. Motion carried 5:0 Mr. Long thanked the Board for their time and stated it is really a pleasure for him to serve on the Kauai Historic Preservation Review Commission and he appreciates the opportunity to continue as such. Disclosures 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] Mr. Akamine moved to receive and deem complete disclosures a, b, c, and d. Mr. Nagano seconded the motion. Mr. Hubbard stated that the Charter does not require the Board to "deem complete" the disclosures and the internal County Regulations say the Board should make sure the people keep the disclosures up to date. Motion carried 5:0. Executive Session Mr. Perry moved to go into Executive Session at 9:28 a.m. Mr. Nagano seconded the motion. Motion carried 5:0 Attorney Winn read the purpose for the Board to go into Executive Session for items ES -006, ES -7; and ES -002 as fully described in the posted agenda. Return to Open Ratify Board of Ethics actions taken in Executive Session for items: ES- Board of Ethics Open Session April 19, 2013 Page 5 SUBJECT DISCUSSION ACTION Session 006, ES -7, and ES -002 Mr. Akamine moved to ratify actions taken by the Board of Ethics in Executive Session. Mr. Perry seconded the motion. Motion carried 5:0 Announcements Next Meeting: Friday, May 17, 2013 — 1:00 p.m. Adjournment Chair Clark adjourned the meeting at 9:37 a.m. Submitted by: Barbara Davis, Staff Support Clerk () Approved as is. () Approved with amendments. See minutes of _ Reviewed and Approved by: meeting. Kathy Clark, Chair Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director May 7, 2013 OFFICE OF THE MAYOR BOARDS AND COMMISSIONS County of Kauai, State of Hawaii 4444 Rice Street, Suite 150, Lihu`e, Hawaii 96766 TEL (808) 241 -4917 FAX (808) 241 -5127 Kathy Clark, Chair and Members of the Board of Ethics Office of Boards and Commissions 4444 Rice Street, Suite 15 L-1hu`e, Hawaii 96766 Paula M. Morikami Boards and Commissions Administrator Re: Request for an Advisory Opinion by the Office of Boards and Commissions for Board of Water Nominee Hugh Strom Aloha Chair Clark and Members of the Board of Ethics, The Office of Boards and Commissions is requesting an advisory opinion pursuant to Kauai County Charter section 20.05 (D) (2) and Rule 5.1 of the Kauai County Board of Ethics Rules and Regulations on the following question: 1. Is there a conflict of interest for Mr. Strom to be appointed and serve as a member on the Board of Water Supply as an employee of Aqua Engineers, Inc.? Aqua Engineers, Inc. provides high quality water and wastewater services in Hawaii. Aqua Engineers was sub - contracted by Grove Farm Company to design, build, operate and maintain the first surface water treatment plant on Kauai. The filtered surface water services the towns of Lihue, Puhi, and Hanama`ulu. The County of Kauai Department of Water (DOW) purchases water from Grove Farm. In addition, Aqua Engineers runs several private water systems which use DOW water. Mr. Strom's current position at Aqua Engineers, Inc. is Executive Vice President. Thank you for your consideration in this matter. incerely, Pt Paula M. Morikami, Administrator Office of Boards and Commissions An Equal Opportunity Employer