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HomeMy WebLinkAbout2014_0117_AgendaPacket Calvin Murashige Members: Chair Kurt Akamine Kathy Clark Mark Hubbard Warren Perry Paul Weil Vice-Chair Brad Nagano Secretary COUNTY OF KAUAI BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, January 17, 2014 9 : 00 a.m. or shortly thereafter Mo'ikeha Building, Liquor Conference Room 3 4444 Rice Street, Lmu'e, HI 96766 Oath of Office for reappointed members Kurt S. Akamine and Brad R. Nagano CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of December 20, 2013 ADVISORY OPINION RAO 14-001 Request received 12/20/13 from the Director of Public Works, Larry Dill, to review and advise whether there is a conflict for two Outside Employment Requests a. Kevin Suga, Bridge Maintenance Worker II as owner of Dan Suga Construction, which does remodeling and new construction homes b. Elvis Aviguetro, Bridge Maintenance Worker I, as owner of Pipe Works, which excavates and installs septic, water, electric, gas, sewer and drain lines. BUSINESS BOE 201344 Approval of Meeting Schedule for 2014 —Proposed Time Change (tentatively approved 12/20/13) DISCLOSURE a. Glen H. Takenouchi (Cost Control Commission) EXECUTIVE SESSION Pursuant to H.R.S. §924 and H.R.S . 92-5 (a) (4), the purpose of this executive session is 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-019: Briefing by the County Attorney on the constitutionality of Charter Section 20.02 D relative to the first amendment (Deferred 12/20/13) Pursuant to H.R.S. §92-4 and H.R. S. 92-5 (a) (2), 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 ESAU: 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) RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items. ES-019 and ES-002 ANNOUNCEMENTS Next Meeting: Friday, February 21 , 2014 — 9:00 a.m. OR 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 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 §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. 2 1 P a g e Board of Ethics — January 17, 2014 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-ihu`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 Page Board of Ethics – January 17, 2014 COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: BOARD OF ETHICS Meeting Date December 20, 2013 Location Mo `ikeha Building, Liquor Conference Room 3 Start of Meeting: 1 :01 p.m. End of Meeting: 1 : 15 p.m. Present Vice-Chair Calvin Murashige; Secretary Warren Perry; Members: Kurt Akamine; Mark Hubbard; Brad Nagano; Paul Weil Staff: Deputy County Attorney Nicholas Courson; Boards & Commissions Office: Support Clerk Barbara Davis; Administrator Paula Morikami; Administrative Aide Teresa Tamura Excused Chair Kathy Clark Absent SUBJECT DISCUSSION ACTION Call To Order Vice-Chair Murashige called the meeting to order at 1 :01 p.m. with 6 members present. Approval of Regular Qpen Session Minutes of November 15, 2013 Mr. Nagano moved to approve the minutes as Minutes circulated. Mr. Hubbard seconded the motion. Motion carried 5 : 1 Abstain-Weil Business BOE 2013- 13 Election of Chair, Vice-Chair, and Secretary for 2014 Mr. Nagano nominated Mr. Murashige as Chair. Mr. Weil seconded the motion. It was moved and seconded to close nominations. Motion carried 5 : 1 (Abstain-Murashige) Mr. Weil nominated Mr. Perry as Vice-Chair. O Mr. Akamine seconded the motion. It was b moved and seconded to close nominations. Motion carried 5 : 1 (Abstain-Perry) Mr. Akamine nominated Mr. Nagano as Secretary. Mr. Nagano nominated Ms. Clark as ..r Secretary. It was moved and seconded to close �' nominations. Motion to confirm Mr. Nagano Board of Ethics Open Session December 20, 2013 Page 2 SUBJECT DISCUSSION ACTION carried 5 : 1 BOE 2013 - 14 Approval of Meeting Schedule for 2014 Vice-Chair Murashige noted that currently the meetings are scheduled for the 3d Friday of the month at 1 :00 p.m. and asked if there were any objections to the schedule. Mr. Weil stated that he does not like meeting at 1 :00 p.m. on Fridays. Mr. Nagano said the Board used to have the meetings in the morning but that did not fit Chair Clark' s schedule and - questioned if it would be advantageous to anyone to again have the meetings in the morning. Mr. Weil replied yes; the contra-flow is on and traffic is not nearly as bad. It was noted that it still might present some problems with Ms. Clark's schedule but she would not be the Chair. Vice- Chair Murashige said it has been suggested that the meetings be held on Fridays during the morning, subject to further discussion at the January meeting when Ms. Clark returns. Mr. Perry made the motion to change the meeting time to 9 :00 a.m. based on the dates submitted in the schedule. Mr. Nagano seconded the motion. Motion carried 6:0 Disclosure a. Mason Kamalani Chock, Sr. (County Council Member) Mr. Perry moved to accept the disclosure and deem it complete. Mr. Akamine seconded the motion. Motion carried 6:0 Attorney Courson requested that ES-019 as relates to a Briefing by the County Attorney on the constitutionality of Charter Section 20.02 D relative to the first amendment be deferred to the January meeting, ES-018 : Regular Executive Session Minutes of November 15, 2013 With no questions or discussion of the Executive Session Minutes, Mr. Hubbard moved to approve the minutes as circulated during Open Session. Mr. Perry seconded the motion. Motion carried 4:2 Abstain — Weil, Akamine Announcements Next Meeting, Friday, January 17, 2014 — 9:00 a.m., Liquor Conference Board of Ethics Open Session i December 20, 2013 Page 3 SUBJECT DISCUSSION ACTION Room Adjournment Vice-Chair Murashige adjourned the meeting at 1 : 15 p.m. I i Submitted by:, Reviewed and Approved by: Barbara Davis, Staff Support Clerk Calvin Murashige, ViceZhair - i Approved as circulated. _ Approved with amendments. See minutes of meeting. r ' I ' t i Barbara Davis To: Paula Morikami Subject: RE: Outside Employment Requests -2 forms From : Mari Chan Sent: Thursday, December 19, 2013 5:03 PM - p�� - - To: Paula Morikami � (C Cc: Larry Dill �11 .� �—• ----� +� } Subject: Outside Employment Requests -2 forms DEC 2 0 201 IU i Aloha Paula, ( Please see 2 Outside Employment Requests for p_ O�+H � COMfVI1SSIG^,!� Kevin Suga ` Elvis Aviguetera Larry is requesting review by the Board of Ethics and advice on next steps for processing the request. Thank you for your assistance. Mari Chan County of Kauai Department of Public Works 4444 Rice Street, Suite 275 Lihue, Hawaii 96766 (808) 241-4996 (808) 241-6604 facsimile r-- _ DEC 2 0 2013 �J DEPARTMENT OF PERSONNEL SERVICES I BOARDS & COMMISS'\jc COUNTY OF KAUAI - - -- OUTSIDE EMPLOYMENT REQUEST 1, Employee Name: W e v,e% S AJ& 2. Employing Department: Pu 6 ) if= , Wo* kg 3. Immediate Supervisor's Name: SLOO 5jU,. 4. Job Title: QrIjIL r" u;v% ', wD%rlksr 5. Job Duties and Responsibilities: )� L 4001 'S 4.�IW�Or' . J /An .1911 P jf- k" 14 'CL app' /4 .1 e5 1 •�.r� G. Outside Employment Information : A. Company Name: pan Suit Con-54rw46A B. Type of Business: IZ �mede r a .. d N7h. on & C. Business Address: P a. Box 29g E l edc /-1,' 96705' D. Business Phone: _33 .5 6 y 9 z E. Job Title: - Ownu^ F. Job Duties `and Responsibiliities: 1 G. Work Hours: l7 — F : 0� 7 - ed s tt L514AI 7:ac,, 700 m EMPLOYING DEPARTMENT ACTION: Approve Refer to Board of Ethics Signature of Department Head/Representative: Date: /711513 ry V6, ed C1. ii-7d• Fni;! C 2 0 2013 J i BOARDS & COMMISSIONS DEPARTMENT OF PERSONNEL SERVICES COUNTY OF KAUAI OUTSIDE EMPLOYMENT REQUEST 16 Employee Name: klv,) Ayi/ ja a* eP ry 2. Employing Department: PN b « woe-ks 3. Immediate Supervisor's Name: g ei,;,, S,.0 N 4. Job Title: " 1?i� id : � mA4,„4. S. Job Duties and Responsibilities: /�Gr n7S wc�K kWn�ln411 cc an Sic i/c� /, OZ 6 re4e, a2jd S4uLt..r and irvb� , j��. hw r 4s qmwj an X f& ltir S aavre.! a,l hCy► rel&L d 1* 6. Outside Employment Information: A. Company Name: P; Work % B. Type of Business: ( kVkt I C. Business Address: "� IaA w, tA1�1 M� D. Business Phone: E. Job Title: F. l�u�tie3and Responsibilities, 7 0A L�L t5aVUId V )7o - ty I- t ti a< °I- b 1 V S G. Work Hours: EMPLOYING DEPARTMENT ACTION: / Approve V Refer to Board of Ethics Signature of Department Head/Representative: Date: • 12 � � 14 - o 6 - O. OF 1906 (� G p OF COUNTY OF KAUAI BOARD OF ETHICS 2014 Meeting Schedule January 17 February 21 March 21 Holiday: April 18 " April 25 confirmed (4th Friday) May 16 June 20 July 18 Holiday: August 15 **** August 22 confirmed (4th Friday) September 19 October 17 November 21 December 19 Meeting room has been scheduled for 9 :00 a .m . on the third Friday of each month , except as noted , pending further discussion of the schedule by the Board at the January meeting. Revised 12/20/13 BOE 2013- 14 4444 Rice Street, Suite 150 • Mu`e, Hawaii 96766 (808) 241=4919 • Fax (808) 241 =5127 .