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Home My WebLink About2014_1219_Notice_Agenda 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, December 19, 2014 1 :00 p.m. or shortly thereafter Mo `ikeha Building, Liquor Conference Room 3 4444 Rice Street, Lihde, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of November 21 , 2014 BUSINESS BOE 2014-05 Election of Chair, Vice Chair, and Secretary for calendar year 2015 BOE 2014-06 Meeting Schedule for 2015 DISCLOSURES a. Adam Parrish Roversi (Deputy County Attorney) b. Arryl Jordan Kaneshiro (Councilmember) c. Donald Kaleialoha Okami, Sr. (Police Commission) d. Paula M Morikami (Office of Boards and Commissions) e. Calvin Ken Murashige (Board of Ethics) f. Richard James Jose (Civil Service Commission) g. Russell S Kyono (Board of Review) h. Darryl Duane Perry (Chief of Police) i. Leonard Aloysius Rapozo, Jr. (Director of Parks and Recreation) j . Bernard Patrick Carvalho, Jr. (Mayor) k. Gerald Thomas Rapozo (Director of Department of Liquor Control) 1. Michael M. Contrades (Deputy Chief of Police) m. Camilla Chieko Matsumoto(Salary Commission) n. Mauna Kea Kaukaohu Higuera Trask (County Attorney) 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 An Equal Opportunity Employer powers, duties, privileges, immunities, and/or liabilities as they may relate to this item, deliberate and take such action as appropriate. ES-009: Regular Executive Session Minutes of November 21 , 2014 RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES-009 ANNOUNCEMENTS Next Meeting: Friday, January 16, 2015 — 1 :00 p.m., Mo`ikeha Building, Liquor Conference Room O 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: 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 — December 19, 2014 Send written testimony to: Board of Ethics Attn: Barbara Davis Office of Boards & Commissions 4444 Rice Street, Suite 150 L1hu` 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 1 . 31Page Board of Ethics — December 19, 2014 x Man COUNTY OF KAUAI ` 4 r Minutes of Meeting OPEN SESSION 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 darequirement 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 tit situation. Mr. Nagano seconded the motion. �" It was announced that the motion carried, however Ms. Clark indicated that Board of Ethics Open Session November 21 , 2014 Page 2 SUBJECT DISCUSSION ACTION she did not vote on the motion as she did have a comment, but was not recognized in a timely manner. As maker of the motion, Mr. Perry said he 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. §92-45 H.R. S. §92-5 (a) (4), and 92-9 (a)( 14)(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. Board of Ethics Open Session November 21 , 2014 Page 3 SUBJECT DISCUSSION ACTION Session Mr. Perry moved to ratify the actions taken in Executive Session. Ms. Clark seconded the motion. Motion carried 4:0 Announcements Next Meeting: Friday, December 19, 2014 — 1 :00 .m. Adjournment Chair Murashige adjourned the meeting at 1 :41 .m. Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Calvin Murashige, Chair Approved as circulated. Approved with amendments. See minutes of meeting. os ►9 e � O R ti 0 COUNTY OF KAUAI BOARD OF ETHICS 2015 Meeting Schedule January 16 February 20 March 20 April 17 May 15 June 19 July 17 Holiday: August 21 **** August 28 confirmed (4th Friday) September 18 October 16 November 20 December 18 Meeting room has been scheduled for 1:00 a.m. on the third Friday of each month, except as noted, pending further discussion of the schedule by the Board. ie ® E C�6/#- 06 4444 Rice Street, Suite 150 • Lihu`e, Hawaii 96766• (808)241-4919• Fax(808)241-5127