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HomeMy WebLinkAbout2014_0321_Minutes Open_APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 4/25/14 Board/Committee : BOARD OF ETHICS Meeting Date March 21 , 2014 Location Mo ` ikeha Building, Liquor Conference Room 3 Start of Meeting: 1 : 00 p.m. End of Meeting : 1 : 33 p.m. Present Vice-Chair Warren Perry; Secretary Brad Nagano ; Members : Kurt Akamine; Kathy Clark; Mark Hubbard; Paul Well Staff: Deputy County Attorney Nicholas Courson; Boards & Commissions Office : Support Clerk Barbara Davis; Administrator Paula Morikami; Administrative Aide Teresa Tamura Also : Mayor Bernard P. Carvalho, Jr. ; Councilmember Gary Hooser Excused Chair Calvin Murashige Absent SUBJECT DISCUSSION ACTION Call To Order Vice-Chair Perry called the meeting to order at 1 : 00 p.m. with a quorum of 6 members present. Approval of Regular Open Session Minutes of February 21 , 2014 Mr. Nagano moved to approve the minutes as Minutes circulated. Ms. Clark seconded the motion. Motion carried 5 : 1 abstain-Weil Advisory RAO 14-003 Letter dated 2/26/ 14 from Gary L. Hooser, Councilmember, Opinion requesting an advisoryopinion 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 Mr. Nagano moved to receive the communication. Mr. Akamine seconded the motion. Motion carried 5 : 1 (abstain-Weil) Vice-Chair Perry asked for a motion to entertain or not the request for an Advisory Opinion. Ms. Clark said she would like more information about who the non-profit organization is . Vice-Chair Perry stated they need a motion in order to discuss the request. Mr. Hubbard moved that the Board find no inherent conflict in a councilmember being on a board of directors of an organization. Ms . Clark seconded the motion for the pu ose of Board of Ethics Open Session March 21 , 2014 Page 2 SUBJECT DISCUSSION ACTION discussion. Mr. Weil questioned the word "inherent", which limits it unfairly. Mr. Hubbard responded that Councilmember Hooser' s request was stated in such a way as to concern him and contained two caveats; not appearing before the County Council and not receiving government funding. While those two areas might lead to a conflict of interest those are not the only actions that might lead to conflicts of interest. Mr. Hubbard stated he did not see an inherent conflict with a councilmember being on a board of directors of an organization. Should a conflict arise the councilmember can resolve such conflict by declaring such conflict and recusing oneself from the decision-making process; by ensuring he does not benefit financially from the situation; by not appearing before any county department or agency in behalf of the private organization ; by ensuring the organization does not receive a special benefit, privilege or exemption; by not disclosing information which is not available to the public; or by simply resigning from the board of directors of said organization. That was why the word "inherent" was used in the motion. Mr. Akamine thought Mr. Hubbard' s motion did not appear to be consistent with the matter brought before the Board, which specifically said it was a non-profit and therefore asked the Chair to clarify if the motion was appropriate for the matter. Vice-Chair Perry said that Mr. Hubbard' s motion is more expansive than the narrow question in the request. Mr. Akamine asked if it is more expansive should the Board narrow down the motion. Vice-Chair Perry thought the motion was appropriate for this advisory opinion. Mr. Hubbard said he did make it broad and understands the concern. His Board of Ethics Open Session March 21 , 2014 Page 3 SUBJECT DISCUSSION ACTION concern is if it is narrow it might give some indication that only that is approved and other things are not. Ms. Clark did not think the Board was being asked to answer the question in perpetuity; they are being asked to answer the question for Councilmember Hooser and suggests the Board stick to what they are being asked. Mr. Hubbard said as long as it is clear that the negative is not implied. After the motion was read back to the Board, Mr. Akamine said he would not be supportive of that motion and perhaps a new motion should be made. Mr. Weil said as stated it is far too narrow; it does not leave any room for exceptions and is a disservice to Mr. Hooser. Mr. Akamine called for the question. Vice-Chair Perry requested a Roll Call vote to determine if the Board wished to cease further debate on this matter. Roll Call Vote to cease debate : Aye-Akamine; Aye-Clark; Nay-Hubbard; Nay- Nagano; Nay-Perry; Nay-Weil. Motion failed 2 :4 Asked what board Mr. Hooser would be serving on, Mr. Hooser said he was just looking for clarity and guidance on whether or not he could sit on a board if that board is not in front of the Council, and does not take money from the government then he felt there is probably no conflict and that it is probably okay, but he is hoping for something in writing to say yes. Mr. Hooser said he serves on two boards now in Honolulu that deal with agriculture, but do not testify in front of the Council nor receive any money from Kauai County. Since this discussion started, Mr. Hooser said he noted it was more complicated than he would like it to be in terms of a Board of Ethics Open Session March 21 , 2014 Page 4 SUBJECT DISCUSSION ACTION ruling or an opinion for him, and that it may inadvertently affect other people. Mr. Akamine explained that people coming before the Board in the past have been specific, and the request came in the form of whether there was a conflict to sit on a particular board; Mr. Hooser' s request is very general, and it would be very helpful if he would be more specific to a board that he is entertaining to participate in. Mr. Hooser said the two organizations are the Organic Farmers Association and the other is the National Rural Agricultural Development Corporation. Mr. Hooser said perhaps he could withdraw the question, or get an informal opinion, or informal feedback. If this panel believes in general that if he sits on a board he could not take money or lobby, generally speaking that is not a problem. Mr. Hooser again said he could withdraw the question. Mr. Weil said his concern has been that as phrased the request, if granted, could be used as a precedent or simply speaking, a blank check for others to rely upon. That is not fair to him or to any other member of the Council or to this Board. Sticking in the word inherent just broadened it and made it worse; Mr. Weil said he could not support it. Mr. Akamine stated the Code of Ethics § 3 - 1 .7 clearly could address providing an informal opinion. Mr. Hooser said he would be happy to consult with that and withdraw his request. Ms. Clark said from her perspective she could not support this as is. Mr. Hooser said he realizes there is a lot more to it, and appreciates the Mr. Hubbard withdrew his motion. Ms . Clark complexity after hearing the Board' s discussions. withdrew her second. Board of Ethics Open Session March 21 , 2014 Page 5 SUBJECT DISCUSSION ACTION Mayor Carvalho stopped by to thank the Board for doing the work they do noting that this particular Board has been approached in so many different ways, but they have undertaken every single issue and made decisions. The Mayor went on to say that Administration tries its best to provide the Board with all the resources needed, and the Boards and Commissions ' team is doing an excellent job in trying to do everything needed to prepare the Board. The Mayor then focused on Mark Hubbard, thanking him for his 6 years of service to this Board. 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) Ms. Clark moved to receive the communication. Mr. Akamine seconded the motion . Motion carried 6 : 0 Disclosures 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 (Mayoral Candidate) Mr. Akamine moved to receive Disclosures a. through j . and deem them complete . Ms. Clark seconded the motion. Motion carried 6 : 0 Announcements Next Meeting: Friday, April 25 , 2014 — 1 : 00 p .m. Adjournment Vice-Chair Perry adjourned the meeting at 1 : 33 Board of Ethics Open Session March 21 , 2014 Page 6 SUBJECT DISCUSSION ACTION P.M. Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Warren Perry, Vice-Chair O Approved as circulated. ( ) Approved with amendments . See minutes of meeting.