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Home My WebLink About2014_1121_AgendaPacket Calvin Murashige Members: Chair Kathy Clark Ryan de la Pena Maureen Tabura Warren Perry Mary Tudela Vice-Chair Brad Nagano Secretary COUNTY OF KAUAI BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, November 21 , 2014 1 :00 p.m. or shortly thereafter Mo`ikeha Building, Liquor Conference Room 3 4444 Rice Street, Lilide, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of August 22, 2014 REQUEST FOR ADVISORY OPINION RAO 14-007 Request of 10/1 /14 from the Managing Director seeking an opinion if a conflict of interest exists which would preclude her from being involved in County matters and/or decisions affecting Grove Farm a. Letter dated October 16, 2014, from the Managing Director waiving the 45 day requirement of the Board to render an Advisory Opinion DISCLOSURES a. Sally Tobin (Deputy Prosecuting Attorney) b. Joseph Figaroa (Public Access, Open Space Commission) c. Melinda Mendes (Deputy Prosecuting Attorney) d. Michelle Lee Premeaux (Deputy Prosecuting Attorney) e. Philip J Dureza (Deputy County Attorney) EXECUTIVE SESSION 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. An Equal Opportunity Employer ES-008: BOE 14-002 Complaint dated 10/15/14 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 Kauai County Code 1987 RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES-008 ANNOUNCEMENTS Next Meeting: Friday, December 19, 2014 — 1 :00 p.m., Mo`ikeha Building, Liquor Conference Room ADJOURNMENT Q 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. 2 1 P a g e Board of Ethics — November 21 , 2014 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. - r i 31Page Board of Ethics — November 21 , 2014 COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: BOARD OF ETHICS Meeting Date August 22, 2014 Location Mo `ikeha Building, Liquor Conference Room 3 Start of Meeting: 1 :00 p.m. End of Meeting: 1 : 12 p.m. Present Chair Calvin Murashige; Secretary Brad Nagano; Members: Kathy Clark; Ryan de la Pena; Maureen Tabura; Mary Tudela Staff Deputy County Attorney Nicholas Courson; Boards & Commissions Office: Support Clerk Barbara Davis; Administrator Paula Morikami; Administrative Aide Teresa Tamura Excused Absent Vice-Chair Warren Perry SUBJECT DISCUSSION ACTION Call To Order Chair Murashige called the meeting to order at 1 :00 p.m. with 6 members present. Approval of Regular Open Session Minutes of July 18, 2014 Mr. Nagano moved to approve the minutes as Minutes circulated. Mr. de la Pena seconded the motion. Motion carried 6: 0 Business BOE 2014-04 Review and discussion of Ethics Disclosure Statements (On- going) a. County of Kauai b. City and County of Honolulu Q, c. County of Maui d. County of Hawaii S e. State of Hawaii — Lon form orm f. State of Hawaii — Short form Chair Murashige stated the Board had talked to Deputy Attorney Courson noting that the charter does not differentiate on disclosures between elected %4Z ftj officials and volunteers so they could not use two separate categories. Ms. Clark moved to leave the Disclosure form as is. Mr. de la Pena and Mr. Nagano seconded the motion. Motion carried 6 :0 Board of Ethics Open Session August 22, 2014 Page 2 SUBJECT DISCUSSION ACTION Disclosures a. Bill D. De Costa (Candidate for County Council — original filed with BOE 6/3/14) b. Dustin Barca (Candidate for Mayor — original filed with BOE 6/24/14) c. Ivory McClintock (Public Access. Open Space Commission) d. Sally Tobin (Deputy Prosecuting Attorneys Mr. Nagano moved to accept disclosures a., b., c., and deem complete with do returned for completion of County income. Ms. Tabura seconded the motion. Motion carried 6:0 Executive ES-007: Regular Executive Session Minutes of July 18, 2014 Mr. Nagano moved to approve the minutes as Minutes circulated. Ms. Clark seconded the motion. Motion carried 6:0 Announcements Ms. Morikami updated the Board on the Lobbyist Registration Bill which Council received, and will now be starting over with a new document based on input and amendments they have received. Next Meeting: Friday, September 19, 2014 — 1 :00 p.m. Adjournment Chair Murashige adjourned the meeting at 1 : 12 m. Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Calvin Murashige, Chair O Approved as circulated. ( j Approved with amendments. See minutes of meeting. lOb ( ' Bernard P. Carvalho, Jr. o �� Nadine K. Nakamura Mayor - Managing Director lit t: of OFFICE OF THE MAYOR I �— County of Kauai, State of Hawaiif 4444 Rice Street, Suite 235, L-1hu`e, Hawaii 96766 I �!J OCT 3 2014 TEL (808) 241 -4900 FAX (808) 241 -6877 BO] RDS £4 CORD MIS ; October 1 , 2014 Chair Calvin Murashige and Members of the Board of Ethics c/o Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihue, HI 96766 Dear Chair Murashige and Members of the Board of Ethics : Via this letter, I am requesting an advisory opinion from the Board of Ethics ("Board") whether a conflict of interest exists under the following circumstances. Grove Farm Company ("Grove Farm") awards annual, merit-based, college scholarships of $20,000 to three high school seniors on Kauai. Names of proposed scholarship recipients are submitted by three public high schools to Grove Farm for consideration. In 2014, Kapa' a High School submitted my daughter Casey' s name for consideration. I was not involved in any capacity in this decision by Kapa' a High School. Casey then underwent an interview and application process by Grove Farm. After due ( consideration, Grove Farm awarded Casey one of the described scholarships for 2014. Again, I was not involved in any way, shape, or form in Grove Farm' s decision to award Casey this four- year scholarship (it is distributed in increments of $5,000 per year). As Managing Director, I am responsible for the overall operations of the County. Part of this responsibility involves working with the various department heads and their staff concerning matters that Grove Farm does or may have an interest in. Such matters include, but are not limited to, real property tax issues, leases involving Grove Farm property, land-use issues involving Grove Farm, and projects the County and Grove Farm may both be involved in such as infrastructure cost-sharing agreements. I would appreciate the Board' s advisory opinion as to whether, because of my daughter' s scholarship award, a conflict of interest exists which would preclude me from being involved in County matters and/or decisions affecting Grove Farm. If the Board believes such a conflict exists, I would also appreciate the Board' s guidance on how long this conflict will continue to exist. Av An Equal Opportunity Employer October 1 , 2014 f Chair Calvin Murashige and Members of the Board of Ethics c/o Office of Boards and Commissions 4444 Rice Street, Suite 150 Uhu` e, Hawaii 96766 Page 2 I will be present at the meeting at which this request is considered by the Board to answer any questions Board members may have. Thank you very much for your time and consideration of this request, Sincerely, ? Nadine K. Nakamura _ Managing Director 1 t' y Bernard P. Carvalho, Jr. o�� " F �-�°� Nadine K Nakamura Mayor U Managing Director OFFICE OF THE MAYOR County of Kauai, State of Hawaii + OCT 7 2014 4444 Rice Street, Suite 235, Lniu`e, Hawaii 96766 TEL (808) 241 -4900 FAX (808) 241 -6877 i gOkF uS S O ° tdii� � . October 16, 2014 Chair Calvin Murashige and Members of the Board of Ethics c/o Office of Boards and Commissions 4444 Rice Street, Suite 150 L-ihu` e, Hawaii 96766 Dear Chair Murashige and Members of the Board of Ethics, I understand that the Board of Ethics will not be meeting on October 17, 2014, as scheduled, due to a lack of a quorum. It is understandable considering many of the Board Members' priorities with preparations for the impending tropical storm Ana. I would like to waive your 45 day requirement of the Board rendering an Advisory Opinion on my request and am willing to wait for your decision at your next scheduled Board meeting on November 21 , 2014. Thank you. Sincerely, .& (A/e /Jdj4A�� Nadine K. Nakamura Managing Director An Equal Opportunity Employer