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HomeMy WebLinkAbout2013_0823_Agenda_Packet_1Kathy Clark Chair Calvin Murashige Vice -Chair Warren Perry Secretary COUNTY OF KAUAI BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, August 23, 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 July 19, 2013 REOUEST FOR ADVISORY OPINION Members: Kurt Akamine Mark Hubbard Brad Nagano Paul Weil RAO 13 -006 Request dated July 29, 2013, from Lyle Tabata, Deputy County Engineer for the Department of Public Works, as to whether there is a conflict of interest for him to act as the RME for a local General Contracting firm while acting in his current capacity for the Department of Public Works RAO 13 -007 Letter dated August 12, 2013, from Wayne Katayama, Planning Commissioner, requesting an advisory opinion regarding whether he may accept a request from the County Clerk (on behalf of Councilmember Gary Hooser) to appear before the County Council's Economic Development (Sustainability /Agriculture /Food/Energy) & Intergovernmental Relations Committee regarding Bill No. 2491 to answer questions related to the possible impact the Bill may have on Kauai Coffee Company and for his input as stakeholder on the island DISCLOSURE a. Hugh A. Strom (Board of Water Supply) 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 412: Regular Executive Session Minutes of June 21, 2013 (no quorum in July) ES 413: Regular Executive Session Minutes of July 19, 2013 An Equal Opportunity Employer 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. ES4: 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 2/5/13 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. Resolution 2013 -1, defining the scope to establish a committee to investigate allegations that an employee of the County of Kaua'i violated various provisions of the Code of Ethics b. Memorandum requesting the presence of the complainant to provide further information to the Board of Ethics at its September 20, 2013 meeting ES -011: Review of the Board's responsibilities as relates to the scope of investigation for Resolution 2011 -1, adopted January 13, 2012, Resolution 2011 -2, adopted January 13, 2012, and Resolution 2012 -1 amending Resolution 2011 -1, adopted March 9, 2012 (Deferred to 8/23/13) RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES -012, ES -013, ES -7, ES -002, and ES -011 ANNOUNCEMENTS Next Meeting: Friday, September 20, 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 1St, 2013. This is one of our sustainability goals. Staff will provide cold Board of Ethics — August 23, 2013 21Page 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 §92 -4 and shall be limited to those items described in HRS §92 -5(a). c: Nicholas Courson, 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. 3 1 P a g e Board of Ethics — August 23, 2013 COUNTY OF KAUAI DRAFT To Be Appoved Minutes of Meeting OPEN SESSION Board/Committee: BOARD OF ETHICS Meeting Date July 19, 2013 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. End of Meeting: 2:11 p.m. Present Chair Kathy Clark; Vice -Chair Calvin Murashige; Secretary Warren Perry. Members: Mark Hubbard; Brad Nagano Also: Deputy County Attorney Nicholas Courson; Boards & Commissions Office Staff: Support Clerk Barbara Davis; Administrator Paula Morikami; Administrative Aide Teresa Tamura Excused Members: Kurt Akamine; Paul Weil Absent SUBJECT DISCUSSION ACTION Call To Order Chair Clark called the meeting to order at 1:00 p.m. with 5 members present. Approval of Regular Open Session Minutes of June 21, 2013 Mr. Nagano moved to approve the minutes as Minutes circulated. Mr. Murashige seconded the motion. Motion carried 4:1 abstain -Pe Disclosure a. Nicholas RH Courson ((Deputy County Attorneys b. Althea Kalei Lovell Arinaga (Kaua'i Historic Preservation Commission c. Ernest W Barreira (Budget and Purchasing Director) Mr. Perry moved to receive Disclosures a. through c. and deem complete. Mr. Hubbard seconded the motion. Motion carried 5:0 Executive Mr. Nagano moved to go into Executive Session Session at 1:06 p.m. Mr. Murashige seconded the motion. Motion carried 5:0 Attorney Courson read the purpose for the Board to go into Executive Session for items ES -012, ES -7, ES -002 and ES -011 as fully described in �o the posted agenda. S Board of Ethics Open Session July 19, 2013 Page 2 SUBJECT DISCUSSION ACTION Mr. Perry moved to invite Ms. Morikami, Ms. Tamura and Mr. Tanaka into Executive Session. Mr. Hubbard seconded the motion. Motion carried 5:0 Return to Open Ratify Board of Ethics actions taken in Executive Session for items: The Board resumed in Open Session at 2:10 p.m. Session ES -012, ES -7, ES -002, and ES -011 Mr. Murashige moved to ratify the Board's actions taken in Executive Session. ES -012 — Executive Minutes deferred to August ES -7 — On -going ES -002 — On -going ES -011 — On -going Mr. Hubbard seconded the motion. Motion carried 4:0 Announcements Next Meeting: Friday, August 23, 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 as of July 1 st, 2013. This is one of our sustainability goals. Staff will provide cold water using a filtered system (i.e. Brita), so lease bring in your water bottle that was provided to you. Adjournment I Chair Clark adjourned the meeting at 2:11 p.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 Kauai County Board of Ethics c/o Office of Boards and Commissions 444 Rice Street, Suite 150 Lihue, Kauai, Hawaii 96766 Dear Honorable Board Members, July 29, 2013 BOARDS & COMMISSIONS I have been appointed to the position of Deputy County Engineer for the Department of Public Works of the County of Kauai, and have been fulfilling my duties as such effective January 3, 2011. 1 am herby presenting myself before the Ethics Board at this time to request clearance to act as RME for a local General Contracting firm. The following are my reasons in regards to justification of this request: 1. 1 am a registered General Contractor license number ABC 29696 in the State of Hawaii. Prior to my employment with the County of Kauai, I worked as the Operations Manager of Aqua Engineers Inc., and as the RME for Briant Construction Company the construction subsidiary of Aqua Engineers Inc. 2. My position with the County is one that is appointed by the Mayor and therefore not considered permanent employment. It is therefore necessary for me to keep abreast of the Construction industry since I may have to refer back to it in the future as a source of income. By aligning myself with a firm I will continue to be able to keep pace of the industry and maintain my relationships throughout the state. I have carefully considered this request and feel that no conflict of interest can be generated because of my employment with the Department of Public Works. The role that I play in the Department is that of an administrative role and do not directly supervise anyone in the Building regulatory plans review and inspection and Engineering regulatory plans and inspection sections. As a licensed contractor there is a code of ethics which I must uphold. It is against my personal integrity to build anything that does not meet the code permit requirements of the County of Kauai. I would not place my client in jeopardy or threaten my professional ethic and my General Contractor's license. I would appreciate your favorable review of this request since it will allow me the opportunity to keep abreast of my profession and keeping ties in the industry. I will gladly make myself available to answer any questions you may have. Sincer ly, le Tabata RAO 13 - 006 Wayne K. Katayama 1190 Crossley Road Kapaa, HI 96746 Kathy Clark, Chairperson and Members of the Board of Ethics Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu'e, Hawai'i 96766 RECEIVED AUG 13 2013 BOARDS & COMMISSIONS August 12, 2013 Re: Request for Advisory Opinion by Planning Commission Chairperson Wayne Katayama. Aloha Chair Clark and Members of the County of Kaua'i Board of Ethics, I apologize for my absence as I am attending business meetings on the East Coast. I hope that this matter can be addressed in my absence. I am requesting an advisory opinion pursuant to Kaua'i County Charter Sec. 20.05 (D) (2) and Rule 5.1 of the Kauai County Board of Ethics Rules and Regulations on the following questions: Is there a conflict of interest for me to accept a request to appear before the County Council's Economic Development (Sustainability /Agriculture /Food /Energy) & Intergovernmental Relations Committee chaired by Councilmember Hooser regarding Bill No. 2491 to answer questions related to the possible impact the Bill may have on Kauai Coffee Company and for my input as stakeholder on the island? I am the President and General Manager of Kaua'i Coffee Company. On August 2, 2013, Council Clerk Ricky Watanabe requested my presence on behalf of Councilmember Gary L. Hooser. It appears from the August 2, 2013 request that Councilmember Hooser would like to ask me questions related to the possible impact of Bill No. 2491 may have on Kaua'i Coffee Company and for my input as a stakeholder on the island. Attached as Exhibit "A" is the letter from the County Clerk requesting my presence before the County Council. As the President and General Manager, I oversee and manage all of Kaua'i Coffee Company's operations. Bill No. 2491, in its current form, will have an impact on Kaua'i Coffee Company. I would like the opportunity to answer the committee's questions. I understand that prior advisory opinions of this body took a strict interpretation of Kaua'i County Charter Section 20.02(D), which restricted an officer or employee to "appear before any county board, commission or agency." However, given Councilmember Hooser's request for my presence, I submit this question to seek clarity as to whether there would be a conflict of interest if I were to honor the request to appear before the County Council and its committee. I will not gain Kathy Clark August 12, 2013 Page Two any financial benefit should I honor Councilmember Hooser's request other than my salary earned as a part of my normal operational duties with Kaua'i Coffee Company, Moreover, I will not gain any special privileges because of my appointment as a Planning Commissioner as I seek only to answer questions from Councilmember Hooser and other councilmembers about the impact Bill No. 2491 may have on Kauai Coffee Company. Is it a conflict of interest if I were to serve on any stakeholder working group that may be formed to formulate a clearer ordinance? The bill to introduce new ordinance needs clarity of community concerns, understanding of the pesticides being applied, and the infrastructure needed to be implemented to have meaningful information to best serve the public. Thank you for your consideration in this matter. Please contact me if you need any supplemental information pursuant to Rule 5.1 (c). Sincerely Wayne K Katayama Planning Commission Encl Exhibit A Letter Dated August 2, 2013 COUNTY COUNCIL Jay Furfaro, Chair Nadine K. Nakamura, Vice Chair Tim Bynum Gary L. Hooser Ross Kagawa Mel Rapozo JoAnn A. Yukimura Ms. Wayne Katayama President & General Manager Kauai Coffee Company 870 Halewili Road Kalaheo, Hawaii 96741 Dear Mr. Katayama: Council Services Division 4396 Rice Street, Suite 209 Llhu'e, Kauai, Hawaii 96766 August 2, 2013 OFFICE OF THE COUNTY CLERK Ricky Watanabe, County Clerk Jade K. Fountain- Tanigawa, Deputy County Clerk Telephone (808) 2414188 Fax (808) 241 -6349 Email cokcouncil@kauai.gov On August 5, 2013, the Economic Development (Sustainability / Agriculture / Food / Energy) & Intergovernmental Relations Committee will be holding a Special Committee Meeting to discuss Bill No. 2491, Committee Chair Gary L. Hooser is requesting your presence at this meeting to answer questions related to the possible impact the Bill may have on Kauai Coffee Company and for your input as a stakeholder (President & General Manager) on the island. Should you have any questions, please feel free to contact me or Council Services Staff at 241 4188. Your assistance in this matter is greatly appreciated. Sincerely, RICKY WATANABE County Clerk, County of Kauai a AN EQUAL OPPORTUNITY EMPLOYER