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HomeMy WebLinkAbout2014_1121_Minutes Open_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 12/19/14 Board/Committee : BOARD OF ETHICS Meeting Date November 21 , 2014 Location Mo ` ikeha Building, Liquor Conference Room 3 Start of Meeting: 1 : 00 p.m. End of Meeting : 1 :41 p.m. Present Chair Calvin Murashige; Vice-Chair Warren Perry; Secretary Brad Nagano . Member: Kathy Clark Staff. Deputy County Attorney Nicholas Courson; Boards & Commissions Office : Support Clerk Barbara Davis; Administrator Paula Morikami. Testifier: Managing Director Nadine Nakamura Excused Members : Ryan de la Pena; Maureen Tabura; Mary Tudela Absent SUBJECT DISCUSSION ACTION Call To Order Chair Murashige called the meeting to order at 1 : 00 p.m. with 4 members present, which constitutes a quorum. Approval of Regular Open Session Minutes of August 22, 2014 Ms. Clark moved to approve the minutes as Minutes circulated. Mr. Nagano seconded the motion. Motion carried 4 : 0 Request for RAO 14-007 Request of 10/ 1 / 14 from the Managing Director seeking an Advisory opinion if a conflict of interest exists which would preclude her from being Opinion 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 Managing Director Nadine Nakamura was present to answer any questions the Board might have to which Mr. Perry commented the letter explained the situation well, and did not need anything more from Ms. Nakamura to which Mr. Nagano and Ms. Clark agreed. Mr. Perry moved that the Board' s decision is to find there is no conflict given the facts of the situation. Mr. Nagano seconded the motion. It was announced that the motion carried, however Ms . Clark indicated that she did not vote on the motion as she did have a comment, but was not recognize in a timely manner. As maker of the motion, Mr. Perry said he Board of Ethics Open Session November 21 , 2014 Page 2 SUBJECT DISCUSSION ACTION would ask for a reconsideration on the motion to which Ms . Clark said they had already announced the determination to the requestor of the opinion. Ms. Clark said to note her agreement to the motion. Motion carried 4 : 0 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) Staff requested a determination from the Board as to what constitutes a completed disclosure since over time the requirements fluctuate somewhat allowing disclosures to pass through with blank sections. Mr. Perry moved to accept disclosures a, c, and e and deem them to be complete with disclosures b and d noted as incomplete. Ms. Clark seconded The Board requested that each section have something in it to indicate they the motion. looked at the section. Motion carried 4 : 0 Executive Mr. Perry moved to go into Executive Session at Session 1 : 15 p.m. and invite Staff to attend. Mr. Nagano seconded the motion. Motion carried 4 : 0 Attorney Courson stated that pursuant to H.R. S . §92-41 H.R. S . § 92-5 (a) (4), and 92-9 (a)( 1 -4)(b) the Board is going into Executive Session for item ES-008 : BOE 14-002 as fully described in the posted agenda. Return to Open Ratify Board of Ethics action taken in Executive Session for items : ES-008 The meeting resumed in Open Session at 1 :40 p.m. Session Mr. Perry moved to ratify the actions taken in Executive Session. Ms . Clark seconded the Board of Ethics Open Session November 21 , 2014 Page 3 SUBJECT DISCUSSION ACTION motion. Motion carried 4 : 0 Announcements Next Meeting: Friday, December 19, 2014 — 1 : 00 p.m. Adjournment Chair Murashige adjourned the meeting at 1 :41 p.m. Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Calvin Murashige, Chair ( ) Approved as circulated. O Approved with amendments . See minutes of meeting.