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HomeMy WebLinkAbout2013_0903_Minutes Open_APPROVEDCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as amended 10/25/13 Board/Committee: I BOARD OF ETHICS Meeting Date I September 3, 2013 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 5:00 p.m. I End of Meeting: 5:51 p.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 Nicholas Courson; Boards & Commissions Office Staff. Support Clerk Barbara Davis; Administrator Paula Morikami; Administrative Aide Teresa Tamura; Planning Commissioner Wayne Katayama Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Clark called the meeting to order at 5:00 .m. with 7 members present Request for Advisory Opinion Letter dated August 12, 2013, from Wavne Katavama, 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 ( Sustainabilitv /Agricultg e/Food/Energy) & Intergovernmental Relations Committee regarding Bill No. 2491 to answer questions related to the possible impact the Bill may have on Kauai Coffee Companv and for his input as stakeholder on the island (Moved to Special Meeting as the Board was unable to achieve a maiority vote during its 8/23/13 meeting) Mr. Katayama stated he did submit a letter to the Board explaining his position on this matter. As a background, Mr. Katayama did seek an opinion from the Boards and Commissions Office, and was told that any participation could not be done on behalf of Kaua'i Coffee while sitting in_ _ an active board or commission. That is the genesis for asking for this Board's opinion on this matter. As it stands now, the position of conflict as defined by this Board is so broadly written that it jeopardizes the ability for the County and the community to receive the benefit of all its resources. Mr. Katayama noted his appreciation to the Board for calling a special Deleted: Comty Board of Ethics Open Session September 3, 2013 Page 2 SUBJECT DISCUSSION ACTION meeting to consider his request since he has been asked to appear on September 9 at a committee meeting on this Bill. Mr. Perry commented that Mr. Katayama is familiar with Bill 2491 to which Mr. Katayama responded yes. But for Ricky Watanabe's letter of August 2, 2013 to Mr. Katayama requesting his presence before that committee on behalf of Committee Chair Hooser, would he have appeared on behalf of Kaua'i Coffee in front of the committee. Mr. Katayama said that is the reason for being at the Ethics meeting that afternoon. Under the current ruling he would resign his status as a member of the Planning Commission to appear. Mr. Perry thought Mr. Katayama was saying that if he did appear in front of the Committee Chair Gary Hooser, he would be thinking that he was acting on behalf of Kaua'i Coffee. Mr. Katayama responded that he would be acting on behalf of Kaua'i Coffee because the nature of Bill 2491 would put certain prohibitions on the way they currently do business, above and beyond either Federal or State statute. Therefore on the benefit for the community, we need to understand the criteria on which the County of Kaua'i will be empowering such limitations on commercial agriculture. Mr. Perry said the effects of the Bill are not this Board's concern. This Board's concern is whether his appearance before a County board, commission, council or whatever is on behalf of private interests and that question has been answered. Chair Clark asked for a motion to move into Executive Session to confer with the County Attorney. Mr. Nagano so moved. Mr. Akamine seconded the motion. Motion carried 7:0 Executive The Board moved into Executive Session at 5:06 Session p.m. at which time Attorney Courson read the appropriate H.R. S. statutes to take the Board into Executive Session. Board of Ethics Open Session September 3, 2013 Page 3 SUBJECT DISCUSSION ACTION Return to Open Continuance of Request for Advisory Opinion RAO 13 -007 Session Mr. Hubbard moved that the Board find that Mr. Katayama may appear before the County Council as an individual and he may give his opinion but he cannot appear in behalf of Kaua'i Coffee and further he cannot answer any questions regarding the impact of this Bill on Kaua'i Coffee. Mr. Perry Mr. Hubbard said the Board was not telling Mr. Katayama that he cannot seconded the motion. appear, but it is their opinion that it would be a violation of that section of the Charter to appear on behalf of Kaua'i Coffee. Mr. Akamine asked Mr. Katayama if his appearance before the County Council would have an effect on Kaua'i Coffee's business. Mr. Katayama said his role as President and General Manager of Kaua'i Coffee is to address policy issues that affect the on -going operations of the business. It is within his scope and responsibility to address these kinds of concerns as they appear. In this case this Bill has been put forward, not at his behest but it does impact the company, and he has been called as a resource. To limit his participation as an individual would not provide the right information, and for him to delegate that responsibility to someone else in the organization would not be proper or fitting. Mr. Perry took note that Mr. Katayama was called as a resource to address the County Council's Committee, and from his perspective given his duties and responsibilities with Kaua'i Coffee, he is the person to provide the information that the Committee Chair is seeking. Mr. Katayama stated that was true. But for this calling by Committee Chair Hooser, Mr. Perry asked if Mr. Katayama would have taken it upon himself to interject himself in this legislative process. Mr. Katayama said the answer would be yes. Mr. Perry asked if he would do that in his role as President and General Manager of Kauai Coffee if he did interject himself in this process. Mr. Board of Ethics Open Session September 3, 2013 Page 4 SUBJECT DISCUSSION ACTION Katayama said he would need to do that because that is the level of authority and responsibility that is bestowed in making these kinds of disclosures or commitments. Mr. Hubbard thanked Mr. Katayama for his service as a Planning Commissioner. Over the years, this issue has come up numerous times so the Charter Review Commission submitted a change to the public that would allow board and commission members to speak in behalf of, it was turned down by a large number of the voters. That is where this Board came up with the Interpretive Rules that define these various words in that section. Mr. Nagano pointed out that the letter sent to Mr. Katayama specifically asked him to be present at the meeting to answer questions related to the possible impact the Bill may have on Kaua'i Coffee and for his input as a stakeholder, President and General Manager. Mr. Nagano asked how the Board's motion would affect that letter. Chair Clark said Mr. Katayama had already addressed the fact that he could not speak to the Council outside of his role. Roll Call: Nay— Akamine; Aye - Hubbard; Nay - Murashige; Abstain- Nagano; Aye -Perry; Nay - Weil;Nay -Clark Motionfailed:4Nay /2Ayes /1 Abstain. Mr. Akamine moved that the Board does not prohibit Mr. Katayama from appearing before the Committee of the County Council in the representative capacity of Kaua'i Coffee and/or as an individual. Mr. Perry seconded the motion. Mr. Murashi e amended the motion to read as Board of Ethics Open Session September 3, 2013 Page 5 SUBJECT DISCUSSION ACTION stated by Mr. Akamine with the insertion "as requested by the Council ". Mr. Akamne seconded the motion. Mr. Weil said they were thrown a fast ball and they were ducking it; he is not comfortable with any of the approaches that have been taken even though he is very sympathetic to Mr. Katayama's position. The cure is not many opinion the Board may render under the current rules; the cure is in finding a way to amend those rules or enforcing it. He would go along with the suggestion that if the Board is going to duck they just duck and not render an opinion. Mr. Perry said the actual question would be is it a violation of the Code of Ethics. The Board is saying `he can appear as an individual on behalf of Kaua'i Coffee as requested by County Council' and that there is no violation of the Code. Mr. Akamine said he was willing to restate his motion or just put it as clarification and narrative as the Board moves forward. Motion on the amendment carried 7:0 Roll Call on the original motion as amended: Aye - Akamine; Nay - Hubbard; Aye- Murashige; Aye - Nagano; Aye -Perry; Aye -Weil; Aye -Clark Motion carries 6 Ayes: I Na Announcements Next Meetin : Frida September 20, 2013 —1:00 p.m. , Adjournment Mr. Akamine moved to adjourn the meeting at 5:51 p.m. Mr. Murashige seconded the motion. Motion carried 7:0 Board of Ethics Open Session September 3, 2013 Page 6 Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Kathy Clark, Chair ( ) Approved as is. (X ) Approved with amendments. See minutes of 10/25/13 meeting.