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HomeMy WebLinkAbout2014_0117_Minutes Open_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 2/21/14 Board/Committee : BOARD OF ETHICS Meeting Date January 17, 2014 Location Mo ` ikeha Building, Liquor Conference Room 3 Start of Meeting: 9 : 00 a.m. I End of Meeting : 10: 02 a.m. Present Chair Calvin Murashige; Vice-Chair Warren Perry; Secretary Brad Nagano; Members : Kurt Akamine ; Kathy Clark; Mark Hubbard Staff. Deputy County Attorney Nicholas Courson; Boards & Commissions Office : Support Clerk Barbara Davis; Administrator Paula Morikami; Administrative Aide Teresa Tamura. Also : County Engineer-Director of Public Works Larry Dill; Project Manager for Public Works Scott Suga; Public Works Employees Kevin Suga and Elvis Aviguetero Excused Member Paul Weil Absent SUBJECT DISCUSSION ACTION Prior to the start of the meeting, Council Administrative Assistant Eddie Topenio gave the Oath of Office to reappointed Board members Kurt S . Akamine and Brad R. Na ano Call To Order Chair Murashige called the meeting to order at 9 : 00 a.m. with 6 members present. Noting no changes to the agenda, Chair Murashige stated the agenda stands as posted. Approval of Regular Open Session Minutes of December 20, 2013 Mr. Perry moved to approve the minutes as Minutes circulated. Mr. Akamine seconded the motion. Motion carried 5 : 1 (abstain-Clark) Advisory RAO 14-001 Request received 12/20/ 13 from the Director of Public Opinion 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 1, as owner of Pipe Works, which excavates and installs septic, water, electric, gas, sewer and drain lines . Mr. Dill explained that two employees of Public Works have employment outside of their County jobs, and he is asking fora position from the Board Board of Ethics Open Session January 17, 2014 Page 2 SUBJECT DISCUSSION ACTION of Ethics on those outside jobs . Mr. Dill said from what the individuals stated on their Outside Employment Request, he was comfortable with the work they conduct outside of their County employment. Asked what the Human Resources policy states about working outside of your County position, Mr. Dill said he did not know. Mr. Dill further stated that Mr. Suga and Mr. Aviguetero do not make decisions on contracts in their County positions. Mr. Kevin Suga said his immediate supervisor is Mr. Scott Suga with Public Works, and the Dan Suga referenced on his employment request is his father whose company Kevin took over. Kevin stated he is the sole owner of that company, and Scott has nothing to do with the business . When asked if Scott had any substantial financial relationship with Kevin, who is his subordinate, Scott said he has no ties to Kevin' s company; it is solely Kevin. Asked if Dan Suga Construction engages in contracts with Public Works, Scott Suga said no. Mr. Elvis Aviguetero told the Board he had no authority to make contracts for Public Works nor does he have any contracts with the Department of Public Works . Mr. Aviguetero said he does not bid on County jobs, only private homeowner jobs . Mr. Akamine moved that the Board find there is no conflict for outside employment for Mr. Suga and Mr. Aviguetero . Ms. Clark seconded the motion. Mr. Hubbard assumed the motion meant there was no inherent conflict of interest in having these two outside employments, and questioned if the Board should caution that there still could be conflicts of interest with violations of §20 . 02 in the future because they do have outside employment. Motion carried 6 : 0 Business BOE 2013 - 14 Approval of Meeting Schedule for 2014 — Proposed Time Change (tentatively approved 12/20/13) Board of Ethics Open Session January 17, 2014 Page 3 SUBJECT DISCUSSION ACTION Chair Murashige explained that in December, at the request of Mr. Weil, the Board entertained switching the starting time for the meeting to the morning, but since Ms . Clark was not present he would like to entertain her comments as to any inconvenience and/or conflicts with her schedule. Ms. Clark said that 9 : 00 a.m. on any morning would be impossible for her, but if that works for the rest of the Board she would be resigning her position. Ms . Clark explained there are medical staff meetings, which are near impossible to move, as well as employee issues that occur in the mornings . Chair Murashige noted that Mr. Weil was not present at this meeting, but the Board is aware of his position, which is not so much a conflict as a convenience because of the traffic situation. Chair Murashige said it seems they need to seriously consider reverting back to 1 : 00 p .m. on Fridays even though there is an inconvenience to Mr. Weil. Mr. Perry moved that the Board of Ethics go back to meeting on the 3rd Friday of each month at 1 : 00 p .m. Mr. Akamine seconded the motion. Motion carried 5 : 1 abstain-Hubbard Disclosure a. Glen H. Takenouchi (Cost Control Commission) Mr. Perry moved to accept the disclosure and deem it complete. Mr. Akamine seconded the motion. Motion carried 6 : 0 Executive Attorney Courson stated that pursuant to H.R. S . Session § 92-4 and H.R. S . § 92-5 (a) (4) the Board is going into Executive Session for items ES-019 and ES-002 as fully described in the posted agenda. Mr. Perry moved to go into Executive Session at 9 :20 a.m. Mr. Hubbard seconded the motion. Motion carried 6 : 0 Return to Open The meeting resumed in Open Session at 10 : 02 Session a.m. Ratif y Board of Ethics actions taken in Executive Session for items : ES- Board of Ethics Open Session January 17, 2014 Page 4 SUBJECT DISCUSSION ACTION 019 and ES-002 Mr. Nagano moved to ratify the Boards actions taken in Executive Session. Mr. Akamine seconded the motion. Motion carried 6 : 0 Announcements Next Meeting: Friday, February 21 , 2014 at 1 : 00 p .m. Adjournment Chair Murashige adjourned the meeting at 10 : 02 a.m. Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Calvin Murashige, Chair O Approved as circulated. ( ) Approved with amendments. See minutes of meeting.