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HomeMy WebLinkAbout2014_0321_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, March 21 , 2014 1 :00 p.m. or shortly thereafter Mo'ikeha Building, Liquor Conference Room 3 4444 Rice Street, Lihu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of February 21 , 2014 Advisory Opinion RAO 14-003 Letter dated 2/26/14 from Gary L. Hooser, Councilmember, requesting an advisory opinion as to whether or not a conflict of interest exists for a Councilmember to serve on the Board of Directors of a non-profit, 501 (c)(3) organization that does not lobby or appear before the County Council nor receive funding from any government organization BUSINESS BOE 2014-02 Letter dated 2/26/14 from Calvin Murashige, Board of Ethics Chair, to Jay Furfaro, Council Chair and the Kauai County Council recommending the Council not adopt revised Bill No_ 2497, Draft 1 , and to seek a simpler version which would be administered by the County Clerk (On-going) DISCLOSURE a. Camilla C. Matsumoto (Salary Commission) b. Michael Y. Nagano (Board of Appeals) c. Laurie K. Ho (Board of Water) d. Melvin F. Rapozo (County Council Candidate) e. Bradley M. Maruyama (Fire Commission) f. Wayne K. Katayama (Planning Commission) g. Arthur J. Brun (County Council Candidate) h. Ronald J. Horoshko (County Council Candidate) i. Edgar S. Justus IV (Charter Review Commission) j . Debralynn DesilvaCarveiro (County Council Candidate) An Equal Opportunity Employer ANNOUNCEMENTS Next Meeting: Friday, April 25, 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 111, 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 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 testimoU to: Board of Ethics Attn: Barbara Davis Office of Boards & Commissions 4444 Rice Street, Suite 150 _ - - 2 Page Board of Ethics — March 21 , 2014 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, t, r 3 ( Page Board of Ethics — March 2112014 - COUNTY OF KAUAI Minutes of Meeting OPEN SESSION 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. I 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 Jav 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 lobbyists n 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 h� to Board of Ethics Open Session February 21 , 2014 Page 2 SUBJECT DISCUSSION ACTION 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. 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 Board of Ethics Open Session February 21 , 2014 Page 3 SUBJECT DISCUSSION ACTION 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 County 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. Board of Ethics Open Session February 21 , 2014 Page 4 SUBJECT DISCUSSION ACTION 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 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 Board of Ethics Open Session February 21 , 2014 Page 5 SUBJECT DISCUSSION ACTION 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 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 . Kunioka-Volz (Salary Commission) k. Clyde H. Nakaya (Board of Water Supply) 1, Joanne P. Nakashima (Cost Control Commission) Me Kipukai L_ .P. Kuall` i (Candidate for County Council) Ms. Clark moved to receive disclosures a, through me and deem them complete. Mr. Akamine seconded the motion. Motion carried 6:0 Ms. Clark voiced concern about referring Bill 2497, Draft I 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 Board of Ethics Open Session February 21 , 2014 Page 6 SUBJECT DISCUSSION ACTION 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 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, Draft 1 . 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. Board of Ethics Open Session February 21 , 2014 Page 7 SUBJECT DISCUSSION ACTION 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. 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 Board of Ethics Open Session February 21, 2014 Page 8 SUBJECT DISCUSSION ACTION 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 Murashige will not be present at the 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 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. COUNTY COUNCIL F OFFICE OF THE COUNTY CLERK Jay Furfaro, Chair X 1905 Mason K. Chock, Sr., Vice Chair O �4� Ricky Watanabe, County Clerk Tim Bynum v Jade K. Fountain-Tanigawa, Deputy County Clerk Gary L. Hooser Ross Kagawa tA� Mel Rapozo 'pj,� Telephone (808) 241 -4188 JoAnn A. Yukimura OF Fax (808) 241 -6349 Email cokcouncil @kauai.gov Council Services Division _ 4396 Rice Street, Suite 209 l� � ,/,7 i Lihu e, Kauai, Hawaii 96766 r V t 1 February 26, 2014 ! ; FEB Z 8 204 BOARD & COMMISSI Calvin Murashige , Chair and Members of the Board of Ethics c/o Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu`e, Hawaii 96766 Dear Chair Murashige and Members of the Board of Ethics: Pursuant to Section 20. 05(D) (2) of the Charter of the County of Kauai, I am requesting an advisory opinion as to whether or not a conflict of interest exists if a Councilmember serves on the Board of Directors of a non-profit, 501 (c) (3) organization that does not lobby or appear before the Kauai County Council, nor receives any funding from any government organization. Should you have any questions, please feel free to contact me or Council Services Staff at 241-4188. ncerely, GARY L. HOOSER Councilmember, Kauai County Council SS :lm cc: Paula M. Morikami, Boards & Commissions Administrator l y - 003 AN EQUAL OPPORTUNITY EMPLOYER 1 08 dry Calvin Murashige �o b� Members: Chair l Kurt Akamine Kathy Clark aq `r Mark Hubbard Warren Perry Ta OF A Paul Weil Vice-Chair Brad Nagano Secretary COUNTY OF KAUAI BOARD OF ETHICS c/o Office of Boards & Commissions 4444 Rice Street, Suite 150 L-ihu'e, HI 96766 February 26, 2014 Jay Furfaro, Council Chair and Councilmembers Kauai County Council 4396 Rice Street, Suite 209 Lihu` e, Hawaii 96766 RE: Revised Bill No. 2497 Draft 1 , Amending the Kauai County Code as it Relates to the Registration and Regulation of Lobbyists Dear Chair Furfaro and Councilmembers: At its regularly scheduled meeting on February 21 , 2014, the Board of Ethics discussed agenda item BOE 2014-02 : "Review and discussion of the County Council ' s revised Bill No. 2497, Draft 1 , amending the Kauai County Code as [it] relates to the registration and regulation of lobbyists." After substantial discussion, the Board unanimously approved a motion to recommend that the County Council not adopt revised Bill No. 2497, Draft 1 and instead seek a simpler version such as that found with Maui County' s lobbyist bill. The Board further approved a motion to have this Bill administered by the County Clerk, rather than the Board of Ethics. As a brief explanation, the Board generally believed the language to be more than was necessary to achieve the goals of the Bill. After examining the language and scope of a similar ordinance from Maui County, the Board thinks we could use a more streamlined approach. Focused on the logistics of enforcing the terms of Bill 2497, the Board is of the opinion that the responsibilities would be better suited to the County Clerk' s Office. An Equal Opportunity Employer 4 PP tY I i Chair Furfaro and Councilmembers February 25, 2014 Page 2 Assuming the issue is in front of the County Council on that date, I have asked Paula. Morikami and Deputy County Attorney Stephen Hall to represent this body and answer any questions that you may have. Because of his court schedule, we are unsure of the availability of our Vice-Chair Warren Perry to be at your meeting and I will be off-island at that time. Sincerely, AA Calvin Murashige Chair, Board of Ethics i I An Equal Opportunity Employer •