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HomeMy WebLinkAbout2014_0221_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, February 21 , 2014 1 : 00 p.m. or shortly thereafter Mo'ikeha Building, Liquor Conference Room 3 4444 Rice Street, Llhu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of January 17, 2014 COMMUNICATION BOE 2014-01 Memo dated 1 /21/14 from Jay Furfaro, Council Chair, regarding a possible conflict of interest relating to Ernesto G. Pasion vs. County of Kauai, et. al. BUSINESS BOE 2014-02 Review and discussion of the County Council's revised Bill No. 2497, Draft 1 , amending the Kauai County Code as relates to the registration and regulation of lobbyists a. Floor Amendment dated February 5, 2014 amending Bill No. 2497, Draft 1 b. Lobbyist Registration Form, Draft form c. Lobbyist's Expenditures and Contributions Report, Draft form DISCLOSURE a.. Angela M. Anderson (Planning Commission) b. Kurt S. Akamine (Board of Ethics) c. Brad R. Nagano (Board of Ethics) d. Eugene K. Jimenez (Fire Commission) e. Dane K. Oda (Liquor Control Commission) f. C. Patrick Stack (Charter Review Commission) g. Heidy K. Huddy-Yamamoto (Fire Commission) h. Charles C. Iona (Police Commission) i. John H. Low (Civil Service Commission) An Equal Opportunity Employer j . Sheri S . Kunioka-Volz (Salary Commission) k. Clyde H. Nakaya (Board of Water Supply) 1. Joanne P. Nakashima (Cost Control Commission) m. Kipukai L.P. Kuall`i (Candidate for County Council) 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 powers, duties, privileges, immunities, and/or liabilities as they may. relate to this item, deliberate and take such action as appropriate. ES-001 : Regular Executive Session Minutes of January 17, 2014 Pursuant to H.R. S. §92-4 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. ES-019: Briefing by the County Attorney on the constitutionality of Charter Section 20.02 D relative to the first amendment (On-going) RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES-001 and ES-019 ANNOUNCEMENTS Next Meeting: Friday, March 21 , 2014 — 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 §92-4 and shall be limited to those items described in HRS §92-5(a). c: Nicholas Courson, Deputy County Attorney 2 1 P a g e Board of Ethics — February 21 , 2014 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. Send written testimony to. Board of Ethics Attn:. Barbara Davis Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu` e, HI 96766 Email: bdavis@kauai.gov Fax: 241 -5127 Phone: 2414919 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 — February 21 , 2014 COUNTY OF KAUAI T3 u Minutes of Meeting OPEN SESSION 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. 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 z be Elvis Aviguetro, Bridge Maintenance Worker I, as owner of Pipe lir Works, which excavates and installs septic, water, electric, gas, sewer and drain lines. f� Board of Ethics Open Session January 17, 2014 Page 2 SUBJECT DISCUSSION ACTION Mr. Dill explained that two employees of Public Works have employment outside of their County jobs, and he is asking for a position from the Board 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 Board of Ethics Open Session January 17, 2014 Page 3 SUBJECT DISCUSSION ACTION violations of 20.02 in the future because they do have outside employment. Motion carried 6 :0 Business BOE 2013 44 Approval of Meeting Schedule for 2014 — Proposed Time Change (tentatively approved 12/20/13) 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 Yd 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 §924 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 Board of Ethics Open Session January 17, 2014 Page 4 SUBJECT DISCUSSION ACTION 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. Ratify Board of Ethics actions taken in Executive Session for items: ES- 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 Approved as circulated. O Approved with amendments. See minutes of meeting. COUNTY COUNCIL Jay Furfaro, Chair Mason K. Chock, Sr., Vice Chair Tim Bynum Gary L. Hooser Ross Kagawa Mel Rapozo JoAnn A. Yukimura Council Services Division 4396 Rice Street, Suite 209 Lihu`e, Kauai, Hawaii 96766 MEMORANDUM January 21, 2014 otq OFFICE OF THE COUNTY CLERK Ricky Watanabe, County Clerk Jad� .F,,oytitanigawa, Deputy County Clerk 1% v 14 JAN 22 P1ephone (808) 241 -4188 (808) 241 -6349 Email cokcouncil @kauai.gov OFFICE OF THE MAY(R COUNTY OF KAUAI TO: Mason K. Chock, Sr., Council Vice Chair and Members of thee Kauai County Council FROM: Jay Furfaro, Council "Chair RE: POSSIBLE CONFLICT OF INTEREST FOR PASION V. COUNTY OF KAUAI Pursuant to Section 20.04(B) of the Kauai County Charter, Section 3.19 of the Kauai County Code 1987, as amended, and Rule 8 of the Rules of the Kauai County Council, I hereby provide written disclosure on the record of a possible conflict of interest relating to Ernesto G. Pasion vs. County of Kauai, et al., Civil No. 13 -1 -0340 (Fifth Circuit Court), as I am named in my individual capacity. For this reason, I am recusing myself from discussing or participating in the decision making regarding this matter. Your attention to this matter is appreciated. Should you have any questions, feel free to contact me or Council Services Staff. PM:mn cc: January 29, 2014 Council Meeting Agenda Ethics Commission 5 0E a.oi *- Ot AN EQUAL OPPORTUNITY EMPLOYER ORDINANCE NO , BILL NO . 2497, Draft 1 A BILL FOR AN ORDINANCE TO AMEND THE KAUAI COUNTY CODE 19879 AS AMENDED, BY ADDING A NEW ARTICLE TO CHAPTER 4, RELATING TO THE REGISTRATION AND REGULATION OF LOBBYISTS BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE OF HAWAII: SECTION 1 . Findings and Purpose . The Kauai County Council finds that County decision makers and the general public have the right to know upon whose behalf an individual is presenting testimony. The purpose of this bill is to require lobbyists to register with the County of Kauai and identify themselves as lobbyists prior to testifying before the County Council or County agencies . SECTION 2 , Chapter 4 of the Kauai County Code 1987, as amended, is hereby amended by adding a new Article 5 to read as follows: "ARTICLE 5. REGISTRATION AND REGULATION OF LOBBYISTS Sec. 44. 1 Declaration of Intent. The County Council hereby declares that in order for democratic government to operate responsibly, citizens must be afforded the fullest opportunity to petition their government and to express freely their opinions on legislation and government operations; that to maintain the integrity of the county's decision-making process, it is necessary to identify persons and organizations retained and employed to influence the passage or defeat of any legislation by the council or to influence action by the executive branch, and that their expenditures and activities be publicly and regularly disclosed. Sec. 4-5.2 Definitions. When used in this Article , the following words or phrases shall have the meaning given in ' this section unless it shall be apparent from the context that another meaning is intended. (1) "Administrative action" means the proposal, drafting, consideration, amendment, enactment, or defeat by any administrative agency of any rule, regulation, or other action governed by Hawaii Revised Statues (HRS) Section 91- 3 . (2) "Administrative agency" means a commission, board, agency, or other body, or official in the County government that is not a part of the legislative branch. (3) "Board of Ethics" means that board established by Section 20.05 of the Charter of the County of Kaua'i. (4) "Contested case" shall have the meaning defined in HRS Section 91- 1 . 1 ,60E a o /AI - o �, (5) "Contribution" includes a gift, subscription, forgiveness of a loan, advance, or deposit of money, or anything of value and includes a contract, promise, or agreement, whether or not enforceable, to make a contribution. (6) "Expenditure" includes a payment, distribution, forgiveness of a loan, advance, deposit, or gift of money, or anything of value and includes a contract, promise, or agreement, whether or not enforceable, to make an expenditure . "Expenditure" also includes compensation or other consideration paid to a lobbyist for the performance of lobbying services. "Expenditure" excludes the expenses of preparing written testimony and exhibits for a hearing before the County Council or an administrative agency. (7) "Legislative action" means the sponsorship, drafting, introduction, consideration, modification, enactment, or defeat of any bill, resolution, ordinance, amendment, report, nomination, appointment, or any other matter pending or proposed in the County Council, including the approval or veto of such . (8) "Lobbyist" means any person, who for pay engages, or is engaged, in lobbying or lobbying activities in excess of five (5) hours in any month or spends more than seven hundred fifty dollars ($ 750) in any reporting period described in Section 4-5. 5 except such persons as specifically excluded by Section 4-. 5. 3 (f) from the application of this Article. A person who accepts membership dues or contributions made, or a fee or salary paid, with the understanding that the person accepting the same intends to devote a portion of the funds contributed or the time for which the salary is paid to lobbying activities shall be deemed to be "engaged" to conduct such activities. (9) The term "lobbying" or "lobbying activities" shall mean preparing to communicate or communicating, directly or through an agent, or preparing to solicit or soliciting others to communicate, with a County officer or employee for the purpose of attempting to influence any Legislative action or Administrative action. (10) "Person" means a corporation, individual, union, association, firm, sole proprietorship , partnership , committee, club, limited liability ..company or any other organization or a representative of a group of persons acting in concert. Sec. 44. 3 Registration of lobbyists, requirements. (a) Every lobbyist shall file a registration form with the Board of Ethics within five (5) business days of becoming a lobbyist. (b) The registration form shall require the lobbyist or appropriate officer of lobbyist if a corporation or appropriate manager or member if the lobbyist is a limited liability company, to provide and certify under oath as true and correct the following information: (1) The name, business mailing address, and business telephone number of the lobbyist. 2 (2) The name and principal place of business of each person by whom the lobbyist is retained or employed or on whose behalf the lobbyist appears or works and a written authorization to act as a lobbyist from each person by whom the lobbyist is employed or with whom the lobbyist contracts. (3) The subject areas on which the lobbyist expects to lobby. (c) Prior to testifying before the County Council or administrative agency, a lobbyist shall disclose his or her status as a lobbyist and the person on whose behalf the lobbyist is appearing. (d) A lobbyist shall report any change in any of the information contained in the registration statement within ten (10) business days after the change has occurred. (e) A lobbyist shall file a notice of termination within ten (10) business days after the lobbyist ceases the activity which required the lobbyist's registration. The lobbyist and the employer of the lobbyist shall remain subject, however, to the requirements of Chapter 97 for the period during which the registration was effective . (f) This Article shall not apply to: (1) Any individual who represents oneself and not any other person before the County Council or administrative agency; provided that such individual must nonetheless file a statement of expenditures if the individual meets any of the provisions of Section 4-5. 5(a)(2) and (3); (2) Any federal, state, or county official or employee acting in the official's or employee's official capacity ; (3) Any newspaper or other regularly published periodical or radio or television station (including any individual who owns, publishes, or is employed by a newspaper or periodical or radio or television station) while publishing in the regular course of business news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge the passage or defeat of legislative or administrative action; (4) Any attorney who advises the attorney's clients on the construction or effect of proposed legislative or administrative action; provided that such attorney must nonetheless file a statement if the attorney meets the reporting statement requirements set forth in Section 4-5 . 5(a) (2) and (3); and (5) Any person who possesses special skills and knowledge relevant to certain areas of legislation, whose skills and knowledge may be helpful to 3 the County Council, administrative agency and executive branch of County government, and who makes an occasional appearance at the request of the County Council or an administrative agency, even though receiving reimbursement or other payment from the County Council or administrative agency for the appearance . Sec. 44.4 Renewal of registration. Each registered lobbyist shall renew the lobbyist's registration biennially by filing a registration and authorization form with the Board of Ethics by January 31, 2015 and on every odd-numbered year's session thereafter. Sec. 44. 5 Contributions and expenditures; statement. (a) The following persons shall file a statement of expenditures with the Board of Ethics on July 31 and January 31 of each year: (1) Each lobbyist. (2) Each person who spends seven hundred fifty dollars ($750) or more of the person's or any other person's money, including, but not limited to, amounts spent on print, electronic, broadcast or other media in any six-month period for the purpose of attempting to influence legislative or administrative action or a ballot issue by communicating or urging others to communicate with public officials . (3) Each person who employs or contracts for the services of one (1) or more lobbyists, whether independently or jointly with other persons. If the person is an industry, trade, or professional association, only the association is the employer of the lobbyist. (b) The July 31 report shall cover the period from January 1 through the last day of June . The January 31 report shall cover the period from July 1 through December 31 of the previous year. (c) The statement shall contain the following information: (1) The name and address of any person receiving lobbying expenditures from the person filing the statement in the amount of $25. 00 or more per day and the amount or value of such expenditure ; (2) The name and address of any person receiving lobbying expenditures from the person filing the statement in the aggregate amount of $ 150 . 00 or more per statement period and the amount or value of such expenditures; (3) If the lobbying expenditures made during the statement period exceed $750.00, the total sum or value of all such expenditures and an itemized list containing a general description of all expenditures; (4) The name and address of each person who, during the statement period and for the purpose of lobbying, contributed $25.00 or more to the person filing the statement; and 4 (5) The subject area of the legislative and administrative action and the title of the bill, resolution, permit, or action which was supported or opposed by the person filing the statement during the statement period. (d) The receipt or expenditure of any money for the purpose of influencing the election or defeat of any candidate for an elective office or for the passage or defeat of any proposed measure at any special or general election is included in the reporting requirement of this section. Sec. 44.6 Manner of filing; public records. All statements required by this Article to be filed with the Board of Ethics: (1) Shall be deemed properly filed when delivered or deposited in an established post office within the prescribed time, duly stamped, registered, or certified, and directed to the Board of Ethics; provided, however, in the event it is not received, a duplicate of the statement shall be promptly filed upon notice by the Board of Ethics of its nonreceipt; and (2) Shall be preserved by the Office of Boards and Commissions for a period of four (4) years from the date of filing; and shall constitute part of the public records. of the Office of Boards and Commissions and (3) Shall be posted on a website maintained by the Office of Boards and Commission within ten 10 business days of receipt by the Board of Ethics. Sec. 4-5. 7 Restricted activities. (a) No lobbyist shall accept or agree to accept any payment in any way contingent upon the defeat, enactment, or outcome of any proposed legislative or administrative action. (b) No person shall serve on any County advisory committee or task force while engaging in any lobbying or lobbying activities ; related to the matter being discussed, studied, analyzed or evaluated by such committee or task force . Sec. 4-5.8 Administration. (a) The Board of Ethics shall administer and implement this Article, and shall have the following powers and duties: (1) Initiate, receive, consider and respond to charges concerning alleged violations of this Article , and investigate or cause to be investigated on a confidential basis, the activities of any person to determine whether the person is in compliance with this Article ; (2) Prescribe forms for the statements and reports required by Sections 4- 5. 4 and 4-5. 5, and establish orderly procedures for implementing the requirements of those provisions; 5 (3) Render advisory opinions upon the request of any person subject to this Article . If no advisory opinion is rendered within forty-five (45) days after the request is filed with the Board of Ethics, it shall be deemed that an advisory opinion was rendered and that the facts and circumstances of that particular case do not constitute a violation of this Article . The opinion rendered or deemed rendered, until amended or revoked, shall be binding on the Board of Ethics in any subsequent charges concerning the person subject to this Article who sought the opinion and acted in reliance on it in good faith, unless material facts were omitted or misstated by the person in the request for an advisory opinion; (4) Issue subpoenas, administer oaths, and exercise those powers conferred upon the Board of Ethics by Section 20.05(E) of the Charter of the County of Kauai; (5) Adopt rules, not inconsistent with this Article, as in the judgment of the Board of Ethics seem appropriate for the carrying out of this Article and for the efficient administration of this Article, including every matter or thing required to be done or which may be done with the approval or consent or by order or under the direction or supervision of, or as prescribed by, the Board of Ethics. The rules, when adopted as provided in Chapter 91 , HRS shall have the force and effect of law; and (6) Have jurisdiction for purposes of investigation and taking appropriate action on alleged violations of this Article in all proceedings commenced within three years of an alleged violation of this Article . A proceeding shall be deemed commenced by the filing of a charge with the Board of Ethics or by the signing of a charge by three or more members of the Board of Ethics. Nothing shall bar proceedings against a person who by fraud or other device prevents discovery of a violation of this Article ; and (7) Report suspected violations of law to the appropriate law enforcement authorities. (b) Charges concerning the violation of this Article shall be in writing, signed by the person making the charge under oath, except that any charge initiated by the Board of Ethics shall be signed by three (3) or more members of the Board of Ethics . The Board of Ethics shall notify in writing every person against whom a charge is received and afford the person an opportunity to explain the conduct alleged to be in violation of the Article . The Board of Ethics may investigate such charges and render an informal advisory opinion to the alleged violator. The Board of Ethics shall investigate all charges on a confidential basis, having available all the powers herein provided; and proceedings at this stage shall not be public. If the informal advisory opinion indicates a probable violation, the person charged shall request a formal opinion or within a reasonable time comply with the informal advisory opinion. If the person charged fails to comply with such informal advisory opinion or if a majority of the members of the Board of Ethics determine that there is probable cause for belief that. a violation of this Article might have * occurred, a copy of the charge and a further statement of the alleged violation shall be personally served upon the alleged violator. Service shall be made by personal service upon the alleged violator wherever found or by registered or certified mail with request for a return receipt and marked deliver to addressee only. If after due 6 diligence service cannot be completed successfully in accordance with the above, service may be made by publication if so ordered by the circuit court of the circuit wherein the alleged violator last resided. The Board of Ethics shall submit to the circuit court for its consideration in issuing its order to allow service by publication an affidavit setting forth facts based upon the personal knowledge of the affiant concerning the methods, means, and attempts made to locate and effect service by personal service or by registered or certified mail in accordance with the above. Service by publication when ordered by the court shall be made by publication once a week for four (4) successive weeks of a notice in a newspaper of general circulation in the circuit of the alleged violator's last known state address. The alleged violator shall have twenty (20) days after service thereof to respond in writing to the charge and statement. (c) If after twenty (20) days following service of the charge and further statement of alleged violation in accordance with this section, a majority of the members of the Board of Ethics conclude that there is probable cause to believe that a violation of this Article has been committed, then the Board of Ethics shall set a time and place for a hearing, giving notice to the complainant and the alleged violator in the same manner as provided in subsection (b) . Upon the Board of Ethics' issuance of a notice of hearing, the charge and further statement of alleged violation and the alleged violator's written response thereto shall become public record. The hearing shall be held within ninety (90) days of the Board of Ethics' issuance of a notice of hearing. If the hearing is not held within that ninety-day period, the charge and further statement of alleged violation shall be dismissed; provided that any delay that is at the request of, or caused by, the alleged violator shall not be counted against the ninety-day period. All parties shall have an opportunity to: (1) Be heard; (2) Subpoena witnesses and require the production of any books or papers relative to the proceedings; (3) Be represented by counsel; and (4) Have the right of cross-examination. All hearings shall be in accordance with Chapter 91 , HRS All witnesses shall testify under oath and the hearings shall be open to the public. The Board of Ethics shall not be bound by the strict rules of evidence but the Board of Ethics' findings shall be based on competent and substantial evidence . All testimony and other evidence taken at the hearing shall be recorded. Copies of transcripts of the record shall be available only to the complainant and the alleged violator at their own expense . All fees collected under this Article shall be deposited into the general fund. 7 (d) A decision of the Board of Ethics pertaining to the conduct of any person subject to this Article shall be in writing and signed by three or more of the members of the Board of Ethics . A decision of the Board of Ethics rendered after a hearing together with findings and the record of the proceeding shall be a public record. (e) A person who files a frivolous charge with the Board of Ethics against any person covered by this Article shall be civilly liable to the person charged for all costs incurred in defending the charge, including but not limited to costs and attorneys' fees. In any case where the Board of Ethics does not issue a decision or final conclusion in which the Board of Ethics concludes that a person has violated this Article , the Board of Ethics shall, upon the written request of the person charged and after a contested case hearing, make a finding as to whether or not the charge was frivolous. The person charged may initiate an action in the circuit court for recovery of fees and costs incurred in Board of Ethics contested case proceedings within one (1) year after the Board of Ethics renders a decision that the charge was frivolous. The Board of Ethics' decision shall be binding upon the court for purposes of a finding pursuant to HRS Section 607- 14. 5 . Sec. 44.9 Penalties; administrative fines. (a) Any person who: (1) Fails to file any statement or report required by this Article; (2) Files a statement or report containing false information or material omission of any fact; (3) Engages in activities prohibited by Section 4-5 . 7; or (4) Fails to provide information required by Sections 4-5 . 3, 4-5 .4 or 4- 5. 5; shall be subject to an administrative fine imposed by the Board of Ethics that shall not exceed five hundred dollars ($500) for each violation of this Article . All fines collected under this section shall be deposited into the general fund. The Board of Ethics may suspend or revoke the certificate of registration of a lobbyist who has been found to have violated any provision of this Article . The suspension or revocation shall not exceed two (2) years from the date of the sanctions imposition. (b) No fine, suspension or revocation shall be assessed unless: (1) The Board of Ethics convenes a hearing in accordance with Section 3- 1 . 5-8(c) and Chapter 91 , HRS; and (2) A decision has been rendered by the Board of Ethics." SECTION 3. Severability Clause . If any provision of this Article or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of this Article and the application of such provisions to other persons or circumstances shall not be affected thereby. 8 SECTION 4. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included, SECTION 5. This ordinance shall take effect ninety (90) days after its approval. Introduced by ; JAY FURFARO DATE OF INTRODUCTION: Mhu`e, Kaua°i, Hawai`i V:\BILLS\2012-2014 TERM\Lobbyist Registration PM_cy.doc 11 P II _ +i r. i . s , (February 5, 2014) FLOOR AMENDMENT Bill No. 2497, Relating to the Registration and Regulation of Lobbyists INTRODUCED BY: 1 , Amend Bill No. 2497, Draft 1, by amending Section 4- 5 . 3 in Section 2 to read as follows: "Sec. 4-5.3 Registration of lobbyists, requirements. (a) Every lobbyist shall file a registration form with the Board of Ethics within five (5) business days of becoming a lobbyist. The registration form shall be available at the Office of Boards and Commissions and on its website . (b) The registration form shall require the lobbyist or appropriate officer of lobbyist if a corporation or appropriate manager or member if the lobbyist is a limited liability company, to provide and certify under oath as true and correct the following information: (1) The name, business mailing address, and business telephone number of the lobbyist. (2) The name and principal place of business of each person by whom the lobbyist is retained or employed or on whose behalf the lobbyist appears or works and a written authorization to act as a lobbyist from each person by whom the lobbyist is employed or with whom the lobbyist contracts . (3) The subject areas on which the lobbyist expects to lobby. (c) Prior to testifying before the County Council or administrative agency, a lobbyist shall disclose his or her status as a lobbyist and the person on whose behalf the lobbyist is appearing. (d) A lobbyist shall report any change in any of the information contained in the registration statement within ten (10) business days after the change has occurred. (e) A lobbyist shall file a notice of termination within ten (10) business days after the lobbyist ceases the activity which required the lobbyist's registration. The lobbyist and the employer of the lobbyist shall remain subject, however, to the requirements of Chapter 97 for the period during which the registration was effective . (f) This Article shall not apply to: ,8 &E = 6 / � - (1) Any individual who represents oneself and not any other person before the County Council or administrative agency; provided that such individual must nonetheless file a statement of expenditures if the individual meets any of the provisions of Section 4-5 . 5(a) (2) and (3); (2) Any federal, state, or county official or employee acting in the official's or employee's official capacity; (3) Any newspaper or other regularly published periodical or radio or television station (including any individual who owns, publishes, or is employed by a newspaper or periodical or radio or television station) while publishing in the regular course of business news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge the passage or defeat of legislative or administrative action; (4) Any attorney who advises the attorney's clients on the construction or effect of proposed legislative or administrative action; provided that such attorney must nonetheless file a statement if the attorney meets the reporting statement requirements set forth in Section 4-5 . 5(a) (2) and (3); and (5) Any person who possesses special skills and knowledge relevant to certain areas of legislation, whose skills and knowledge may be helpful to the County Council, administrative agency and executive branch of County government, and who makes an occasional appearance at the request of the County Council or an administrative agency, even though receiving reimbursement or other payment from the County Council or administrative agency for the appearance . " 24 Amend Bill No. 2497, Draft 2, by amending Section 4-5. 6 in Section 2 to read as follows: "Sec. 44. 6 Manner of filing; public records. All statements required by this Article to be filed with the Board of Ethics: (1) Shall be deemed properly filed when hand deliveredi [or deposited in an established post office] mailed within the prescribed time, duly stamped, registered, or certified, and directed to the Board of Ethics at the address provided on the registration form: transmitted via facsimile to the number provided on the registration , form: or transmitted via electronic mail to the e-mail address provide on the registration form; provided, however, in the event it is not received, a duplicate of the statement shall be promptly filed upon notice by the Board of Ethics of its nonreceipt; and (2) Shall be preserved by the Office ' of Boards and Commissions for a period of four (4) years from the date of filing; and F - l i shall constitute part of the public records of the Office of Boards and Commissions and (3) Shall be posted on a website maintained by the Office of Boards and Commission within ten 10 business days of receipt by the Board of Ethics." (Material to be deleted is bracketed. New material is underscored.) IW i - ti COUNTY OF KAUAI BOARD OF ETHICS c/o Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihu`e, Hawaii 96766 TEL: (808) 241 -1917 FAX: (808) 241 -5127 E -mail: Website: NOTE: This is a public document. THIS SPACE FOR OFFICE USE ONLY LOBBYIST REGISTRATION FORM (Tvna nr Print f!laawlvl Part I LOBBYIST iJ 9G . MAILING ADDRESS (Street) „l 4T6. OF 1 COUNTY OF KAUAI BOARD OF ETHICS c/o Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihu`e, Hawaii 96766 TEL: (808) 241 -1917 FAX: (808) 241 -5127 E -mail: Website: NOTE: This is a public document. THIS SPACE FOR OFFICE USE ONLY LOBBYIST REGISTRATION FORM (Tvna nr Print f!laawlvl Part I LOBBYIST NAME (Last) (First) (Middle) TELEPHONE MAILING ADDRESS (Street) FAX E -MAIL (City) (State) (Zip Code) EMPLOYING ORGANIZATION (Fill in only if you are employed by a buoness enti -wh" has been retained to lobby) TELEPHONE MAILING ADDRESS (Street) FAX E -MAIL (City) (State) (Zip Code) Part II ORGANIZATION NAME OF ORGANIZATION (Do not abbreviate) TELEPHONE MAILING ADDRESS (Street) FAX E -MAIL (City) (State) (Zip Code) NAME OF PERSON RESPONSIBLE FOR PREPARING ORGANIZATION'S EXPENDITURES STATEMENTS TELEPHONE MAILING ADDRESS (Street) FAX E -MAIL (City) (State) (Zip Code) zUt o{ 0 / 7` - 0 im. -D Part III DESCRIPTION OF SUBJECTS UPON WHICH YOU EXPECT TO LOBBY o Agriculture o Education ° Human Services ° Science, Technology & Economic Development o Communications & ° Government Operation o Intergovernmental ° Tourism & Recreation Public Utilities & Finance Relations, International Affairs ° Consumer Protection & ° Hawaiian Affairs ° Labor & Employment ° Transportation Commerce ° Culture, Arts, Historic o Health ° Pl anning, Land $ ° Other: (indicate below) Preservation Water Use Management ° Ecology, Energy ° Housing Environmental o Public Safety & Protection Corrections Part IV CERTIFICATION OF LOBBYIST I hereby certify that the information furnished above is, to the best of my knowledge, correct and complete. (Signature of Lobbyist ) (Date) Part V AUTHORIZATION TO LOBBY NAME TITLE OF AUTHORIZING OFFICER OR PERSON REPRESENTED NAME OF ORGANIZATION (if applicable) TELEPHONE MAILING ADDRESS (Street) FAX E -MAIL (City) (State) (Zip Code) I hereby authorize the above —named person to engage in lobbying activities on behalf of the undersigned. (Signature of Authorizing Officer or Person Represented) ate r .. a � Ct COUNTY OF HAUA`I BOARD OF ETHICS rlo Office of Boards and Commissions 4444 Rice Street, Suite 150 Liu e, Hawaii 96766 E-mail: cokcouncil®kauaigov TEL4 (808) 241.1917 FAX (808) 241-5127 LOBBYIST'S EXPENDITURES AND CONTRIBUTIONS REPORT REPORT YEAR: ❑ Amended Statement For Lobbying Reporting Period: January 1 - last day of February March: 1 - April 30 May 1 - December 31 LOBBYIST INFORMATION Last Name First Name M.I. Lobbyist Firm/Employer Mailing Address (Number and Street or P.O. Box) City State Zip Code Telephone Extension Email Address PART I. TOTAL EXPENDITURES (Attached Additional Sheets As Needed) EXPENDITURES (ROUND TO THE NEAREST DOLLAR) MADE BY LOBBYIST FOR EACH ORGANIZATION REPRESENTED b t�7 r d c Cy L5?J H 0 Owl G) q0 Organization's Names w m m 0 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Total Expenditures from Additional Attached Sheet(s) Add Total Expenditures (lines 1 through 16) jo Total Expenditures Page 1 of 2 ca EXPENDITURES OF $25 OR MORE PER PERSON PER DAY List all expenditures incurred by lobbyist for the purpose of lobbying of $25 or more per person per day during the statement period. Name On Behalf of ORG Amount or Value Check here if additional sheets are attached AGGREGATE EXPENDITURES OF $150 OR MORE PER PERSON List all expenditures incurred by lobbyist for the purpose of lobbying in the total sum of $150 or more perperson during the statement period. Name On Behalf of ORG Amount or Value Check here if additional sheets are attached PART II. CONTRIBUTIONS RECEIVED List all contributions received by lobbyist for the purpose of lobbying in the total sum of $25 or more perperson during the statement period. Name On Behalf of ORG Amount or Value ElCheck here if additional sheets are attached PART III. SUBJECT AREAS OF LOBBYING Legislative and/or administrative action in the following areas was supported or opposed during the statement period: ElAgriculture El Education 1:1 Human Services F1 Science, Technology & Economic Development ❑ Communications & Public ❑ Government Operation & ❑Intergovernmental Relations, El Tourism & Recreation Utilities .Kn.ance International Affairs ❑ Consumer Protection & ❑ Hawaiian Affairs ❑Labor & Employment 1:1 Transportation Commerce ❑ Culture, Arts, Historic ❑ Health ❑Planning, Land. & Water Use ❑ Other (indicate below) Preservation Management ❑ Ecology, Energy ❑ Housing ❑Public Safety & Corrections Environmental Protection AUTHORIZED PERSON Print Name of Authorized Person (Krst M.I. Last) Title Date (m/d/yyyy) F1CERTIFICATION: By checking this box, you signify and affirm that you are the person whose name appears as the "Authorized Person' above and the information contained in the form is true, correct and complete to the best of your knowledge and belief. You further certify that you understand that there are statutory penalties for failing to report the information required by Hawai'i law. Page 2 of 2