Loading...
HomeMy WebLinkAbout2014_0221_Minutes Open_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 3/21/14 Board/Committee : BOARD OF ETHICS Meeting Date February 21 , 2014 Location Mo ` ikeha Building, Liquor Conference Room 3 Start of Meeting: 1 : 00 p.m. End of Meeting : 2 : 07 p.m. Present Chair Calvin Murashige; Vice-Chair Warren Perry; Secretary Brad Nagano; Members : Kurt Akamine ; Kathy Clark; Mark Hubbard Staff. Deputy County Attorney Stephen Hall; Boards & Commissions Office : Support Clerk Barbara Davis; Administrator Paula Morikami; Administrative Aide Teresa Tamura. Member of the Public : Jan TenBruggencate Excused Member Paul Weil Absent SUBJECT DISCUSSION ACTION Call To Order Chair Murashige called the meeting to order at 1 : 00 p.m. with 6 members present. Approval of Regular Open Session Minutes of January 17, 2014 Ms. Clark moved to approve the minutes as Minutes circulated. Mr. Nagano seconded the motion. Motion carried 6 : 0 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 Mr. Perry moved to receive the communication. Mr. Nagano seconded the motion. Motion carried 6 : 0 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 lobby 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 Mr. TenBruggencate said he became aware about a month and a half ago of Council Bill 2497 designed to regulate lobbyists. He stated he had concerns with this Bill and had addressed the County Council about those concerns. Board of Ethics Open Session February 21 , 2014 Page 2 SUBJECT DISCUSSION ACTION He does support lobbyist registration that identifies people paid to influence public opinion, but in order to be effective the registration needs to be transparent, fair, simple and supported by staff, this Bill fails on all four counts. It lacks transparency and provides loopholes, and is so complicated that people will find ways to avoid registration; it also piles immense duties on a volunteer Board. Mr. TenBruggencate described the numerous reports that would have to be filed under this Bill, which could include up to 6 financial reports per year, an annual report, and a closing report when they stop lobbying. Two interesting loopholes include attorneys who do not have to register, and the fact that the County Council can exempt anyone they choose. Twenty years ago this County had lobbyist registration, which was done by signing in on a clipboard held at the County Clerk' s office, indicating who they were lobbying for and for what. Maui and Honolulu still do it that way. The County of Hawaii has a lobbyist registration very much like Bill 2497 and both are patterned on the State Ethics law. The Bill adds complexity by prohibiting stakeholders who are considered paid lobbyists from participating on state boards, commissions, and advisory panels. If stakeholders are not allowed to participate in things in which they are involved, it is a disservice . Mr. TenBruggencate said he was asked about the staffing at the Boards & Commissions ' Office and, in his view, that office is fully tasked; it is not clear they have a lot of time to be taking on other duties . Mr. Perry asked if the County ordinance is not needed and the County should rely on state statutes to which Mr. TenBruggencate said no . Mr. Perry asked how they should improve on the ordinance. Mr. TenBruggencate suggested the Maui County ordinance; they do not go into financial disclosure, but just list who you are, who you are being paid to lobby on behalf of, and the issue you are trying to influence. That is the essential information the public needs. Since most of the lobbying is done at the County Council, that information should be kept in the Count Board of Ethics Open Session February 21 , 2014 Page 3 SUBJECT DISCUSSION ACTION Clerk ' s Office. Ms. Clark questioned how the Draft Bill had expanded so much following receipt of the previous comments from this Board. Ms . Morikami said each time she goes to the County Council meeting, there have been floor amendments to this Bill, and other Councilmembers are adding into it. After Mr. TenBruggencate spoke before Council, the Chair suggested deferring the Bill until March 5 in which time they could research the other three counties. Ms . Morikami was also not sure the Office of Boards and Commissions could implement all of the details of the Bill. Ms. Clark asked why the Board — non-paid staff — are the ones to police all of these people; that was not what she signed on for. What is the liability for the Board when something goes wrong? Ms. Morikami further added the Office did not have enough staff if financial disclosures are being filed every two months, six times a year; do we go through each one to see if all have filed and send notices if not. Mr. Hubbard said it appears not only the lobbyist has to register, but also the person employing the lobbyist must file a financial, and it gets posted on the website by a certain period of time so people know who lobbyists are . Complaints would come back before this Board. Mr. Hubbard felt filing once a year was sufficient. Mr. Nagano questioned why we would need to know about their financials; it is who you are, what you are lobbying for and who you are lobbying for. Chair Murashige thought the main purpose of a lobbyist bill is transparency; to see who someone represents . But if the bill requires Board of Ethics Open Session February 21 , 2014 Page 4 SUBJECT DISCUSSION ACTION lobbyists update their financials every two months maybe the Councilmembers should update their financials every two months because they have a direct influence over what happens . The purpose is quite clear. The Maui ordinance is very simple and yet it identifies the necessities. Mr. TenBruggencate pointed out the possibility of a highly paid lobbyist who would fly in, do their lobbying and fly out. If someone were to file a complaint it would be the Board' s job to fly out and find them. Someone who may lobby once every two years would still have to file financial disclosures every other month. Ms . Clark asked if the question is whether there should be disclosures, or is the question whether this is something the Board of Ethics should be responsible for. Chair Murashige stated that state statutes require counties to come up with a lobbyist registration ordinance . Ms. Clark questioned if someone is lobbying before the County Council why wouldn't the Council be responsible for registering the lobbyists rather than the Board of Ethics. Mr. Hubbard said if the lobbying only happens at County Council then the Council should take care of it. If lobbying happens with Administration or other committees and boards then it probably should be the Board of Ethics. Attorney Hall stated that Attorney Courson would be happy to draft a letter on behalf of the Board of Ethics as well as represent the Board' s concerns to Council upon his return to the office. While this Draft Bill appears to be modeled after the Big Island, there are some subtle differences and one is Mr. Hubbard moved that the Board of Ethics that lobbyist registration forms are filed with the clerk of the Council . urge the County Council to not adopt Bill 2497, Draft I and look at a simpler Bill based on Maui' s lobbyists registration. Mr. Perry Board of Ethics Open Session February 21 , 2014 Page 5 SUBJECT DISCUSSION ACTION seconded the motion. Mr. Akamine said he would feel comfortable saying in its current form the Board of Ethics will not support (inaudible) and ask the Council not to Motion carried 6 : 0 adopt this Bill. Mr. Hubbard suggested they say due to its complexity. Disclosures 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) j . Sheri S . Kumoka-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) Ms. Clark moved to receive disclosures a. through m. and deem them complete. Mr. Akamine seconded the motion. Motion carried 6 : 0 Ms. Clark voiced concern about referring Bill 2497, Draft 1 for the County Council to look at Maui' s lobbyist bill. Ms. Clark strongly feels that the lobbyist bill does not belong under the responsibility of the Board of Ethics because of all the complications that could be involved. When the County Council redrafts the bill the Board should recommend the County Clerk be responsible for the oversight of registration. Mr. Nagano noted that Mr. Hubbard had pointed out that agencies other than the County Council could be lobbied, which takes it outside of the County Clerk' s responsibility. Attorney Hall said the County Clerk' s Board of Ethics Open Session February 21 , 2014 Page 6 SUBJECT DISCUSSION ACTION Office is responsible for the legislative side of the County, and yet if the Bill is modeled after the Big Island, the County Clerk is responsible. Mr. Hubbard said if a complaint comes forward it would be brought before the Board of Ethics, but it seems the Board does not have any power to do anything. It seems much more appropriate if a complaint is made that it goes to the Prosecuting Attorney who has power to say they violated the law. Ms . Clark said the Board does not have the power or the resources to be responsible for this. Ms. Clark moved to reconsider the previous Mr. Akamine suggested that rather than referring to any other jurisdiction, motion regarding Bill 2497, Draftl . Mr. Akamine the Board say they do not agree with this Bill being adopted and consider seconded the motion. Motion carried 6: 0 that the enforcement and administration be done by the County Clerk. Ms. Clark moved that the Board of Ethics urge the County Council to not adopt Bill 2497, Draft 1 and to consider placement of the responsibility of oversight other than with the Board of Ethics. Mr. Perry seconded the motion. Mr. Akamine said to state a motion "other than the Board of Ethics" seems to be self-serving and suggested recommending the County Clerk. Mr. Nagano thought they could keep the same motion since the Maui bill does not say the Board of Ethics and then recommend this be monitored by the County Clerk rather than the Board of Ethics . Board of Ethics Open Session February 21 , 2014 Page 7 SUBJECT DISCUSSION ACTION Ms. Clark said she was just advised that there is no monitoring in the Maui lobbyist registration so, in that case, the Office of Boards and Commissions could administer it. Chair Murashige said the Maui Board reviews all registration forms for completeness . Mr. Hubbard felt that the Board' s recommendation did not give much weight. Referring to the Maui registration, while it does not say Board of Ethics in the body of the language, it does mean the Board of Ethics since it is part of their Clerical Rules, Board of Ethics . Mr. Hubbard suggested referring to something similar to the Maui Rules with the County Clerk administering it. Motion was withdrawn by Ms. Clark; second was withdrawn by Mr. Perry, Mr. Hubbard moved that the Board recommend the County Council not adopt Bill 2497, Draftl and instead seek a simpler version of a lobbyist registration such as is found at Maui County with the further suggestion that the administering entity be the County Clerk. Mr. Perry seconded the motion. Motion carried 6 : 0 At the request of Attorney Hall and in the absence of Attorney Courson, ES-019 was deferred to the March meeting eliminating the need for an executive session at this time. ES-001 Regular Executive Session Minutes of January 17, 2014 Mr. Akamine moved to receive the minutes as circulated. Ms . Clark seconded the motion. Motion carried 6 : 0 Announcements Next Meeting: Friday, March 21 , 2014 — 1 : 00 p.m. Chair Murashi e will not be present at the Board of Ethics Open Session February 21 , 2014 Page 8 SUBJECT DISCUSSION ACTION March meeting and Vice-Chair Perry will chair that meeting. Chair Murashige also said he had asked Ms. Morikami to look at some revisions to the Disclosure Statement for the Board' s consideration at the April meeting. Adjournment Chair Murashige adjourned the meeting at 2 : 07 p.m. Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Calvin Murashige, Chair O Approved as circulated. O Approved with amendments . See minutes of meeting.