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HomeMy WebLinkAbout07/02/2014 Special Council Meeting minutes - Interviews and ES-735 SPECIAL COUNCIL MEETING JULY 2, 2014 The Special Council Meeting of the Council of the County of Kaua`i was called to order by Council Vice Chair, Mason K. Chock, Sr., at the Council Chambers, 4396 Rice Street, Room 201, Lihu`e, Kauai, on Wednesday, July 2, 2014 at 8:41 a.m., after which the following members answered the call of the roll: Honorable Tim Bynum Honorable Mason K. Chock, Sr. Honorable Gary L. Hooser (present at 8:32 a.m.) Honorable Ross Kagawa (not present) Honorable Mel Rapozo Honorable JoAnn A. Yukimura Excused: Honorable Jay Furfaro APPROVAL OF AGENDA. Mr. Rapozo moved for approval of the agenda as circulated, seconded by Ms. Yukimura, and carried by a vote of 5:0:2 (Chair Furfaro was excused). PUBLIC COMMENT. Pursuant to Council Rule 13(e), members of the public shall be allowed a total of eighteen (18) minutes on a first come, first served basis to speak on any agenda item. Each speaker shall be limited to three (3) minutes at the discretion of the Chair to discuss the agenda item and shall not be allowed additional time to speak during the meeting. This rule is designed to accommodate those who cannot be present throughout the meeting to speak when the agenda items are heard. After the conclusion of the eighteen (18) minutes, other members of the public shall be allowed to speak pursuant to Council Rule 12(e). There being no one to give public comment, the meeting proceeded as follows: INTERVIEWS: 1. BOARD OF ETHICS • Mary E. Tudela — Term ending 12/31/2016 There being no objections, the rules were suspended. SPECIAL COUNCIL MEETING 2 JULY 2, 2014 Mr. Chock: Good morning, Mary. If you could introduce yourself and share a little bit about you and your interest here for the Board of Ethics. MARY TUDELA: My name is Mary Tudela and I am a very short term resident of Kaua`i, at this point. I moved here about a year and a half ago or so and this is my home. I have made Kauai my home. I am originally from Puerto Rico, raised in the Chicago area, had significant corporate experience working for the local telephone company like the Hawaiian Telcom equivalent of the midwest states. I had a twenty-five (25) year career there as a Corporate Executive. When the company was bought out, I decided to retire for the first time and went off to seminary and now I am a priest in the Episcopal tradition and I have done a number of different things as a member of clergy. I have worked in a large church. I then left the large church to initiate a new non-profit for pastoral psychotherapy in the area that I lived in. I still am on that staff. I do leadership clergy and business consulting. Essentially leadership assessment and leadership efficacy work. I have two (2) children, they are both adults, thank God, and they live on the mainland. One is a teacher and the other is sophomore at DePaul University in Chicago. I think that is all...thumbnail sketch. Mr. Chock: Thank you for sharing and I would like to ask if the Councilmembers have any questions. JoAnn, would you like to go first? Ms. Yukimura: Yes. Thank you very much for being available to do this job. You have a most interesting background and my first question is as a priest, there must be codes of ethics that you follow? Ms. Tudela: Oh, absolutely. None the least of which are the Ten Commandments. Yes, actually there are spiritual code of ethics. There is also the national church which is the umbrella organization that manages all of the Episcopal churches across the country. That includes the Diocese of Hawaii, which has a fairly extensive ethic code and they happen to call it ecclesiastical discipline. That title is a little scary but...and that unfortunately came out of the issues and the challenges of the roman tradition a few years ago...the Roman Catholic tradition and so all of the national churches started to look at their ethics particularly towards clergy and how we behave. So it is extensive. Ms. Yukimura: Do you have any experience in the implementation and enforcement of the code of ethics? Ms. Tudela: I have no experience in the church. I have significant experience on the business side. I led a few businesses and so when you supervise people the issues of ethics always come up, whether it is a personnel issue or a resource issue. I have also sat on a fairly significant hospital board and I was SPECIAL COUNCIL MEETING 3 JULY 2, 2014 on their ethics committee. That of course was medical ethics which is a different twist of course. These are decisions of life or death and whether or not certain treatments should be given to a particular patient particularly when the patient and the doctors do not agree. So I have hospital ethic experience and significant corporate ethics experience. Ms. Yukimura: It seems like you are very prepared for this position that you are being proposed for. Based on your corporate experience what you feel are the essentials for good ethical conduct in terms of a corporation, educating and eliciting from its employees, and management good ethical behavior? Ms. Tudela: Well the primary responsibilities sit on the corporation to inform. People tend to behave the way they are expected to behave. That has been my experience so from the corporate perspective it is the responsibility of the "supervisor," if you will, to communicate what the expectations is. In my experience we use to have every employee sign a code of ethics and we use to call it code of conduct and so when you are hired you sign a code of conduct that says I will not do these things. Now unfortunately these things were things like bringing firearms into the workplace and that kind of thing. It was pretty serious because I was in an urban setting, but then the supervisor has to ensure, somebody has to ensure, and typically it is the supervisor that the performance is appropriate to the code that has been agreed upon. So it is an agreement between the supervisors and the employee. It says this is the way you will behave if you are going to be an employee here, and then, of course whenever there is an ethical issue it is usually about money in a corporate setting, inappropriate use of or that kind of thing, and then there is a decision that has to be made. The first thing is what is the law? Clearly what does the law say? Are going to follow the law, and then the behavior, was the behavior appropriate to that particular circumstance? Things that come up to the management level is what I call the 5149, that is so clear, what the answer usually is. Those are already handled so they do not come up to the management ranks. Ms. Yukimura: Although I am not sure that is the case in this County. Ms. Tudela: Well it will be interesting to see. The one (1) thing I will tell you is that I do not have any government experience, voluntary government experience so there is something here for me to learn, so I think that is important, that you cannot just come in assuming everything. Ms. Yukimura: Based on what you just said and what little knowledge I have about some of the issues that come up in the County I think there is an important, possibly missing link in terms of management that you will not directly influence or impact, because you will be making mostly case by case SPECIAL COUNCIL MEETING 4 JULY 2, 2014 decisions, but I would urge you to work with your colleges to give input to the Mayor and to the Human Resources Department if you feel that there are things that can be done through the management system that will inform and improve the way we do ethics in the County. Thank you very much. Ms. Tudela: Thank you. Mr. Chock: Any further questions Members? Yes, Councilmember Bynum? Mr. Bynum: I just want to take a moment to thank you for your willingness to serve and to say that is a board that has some outstanding members on it, some outstanding past members. I would encourage you to reach out to the former members and talk to them generically because they are deciding very weighty and important issues. It is a commission that gets very sophisticated and technical, and so I know that you bring the skills to make those kinds of judgments so I am very pleased that you are stepping up to serve. Thank you very much. Ms. Tudela: You are welcome. Mr. Chock: Any other questions members? No? Oh, go ahead please. Ms. Yukimura: So on your résumé, you show being an interim rector at Kapa`a, but you are a permanent rector, is that... Ms. Tudela: No. I specialize in what is called interim ministry. Essentially, I call it substitute priesting so I take over congregations in a...it is sort of this subliminal space between the time they lose a pastor and the time the permanent pastor arrives. So I served at Kapa'a for about nine (9) months while they were selecting Reverend Ryan Newman, who is now the rector of that church, and I am the only member of the clergy in the Episcopal tradition on the island who does not have a permanent assignment here. As an example, the last two (2) Sundays I was at St. Michael's in Lihue as Reverend Miller was off island and so I tend to back them up when they are away because I do consulting and leadership work, I do not see myself ever as a permanent pastor. I see myself coming in, taking care of an organization while they are in transition. I also do consulting when there are issues in the church, issues of leadership, or issues of... Ms. Yukimura: Will you be able to conduct your professional work and still make the monthly meetings of the Ethics Board? SPECIAL COUNCIL MEETING 5 JULY 2, 2014 Ms. Tudela: Actually, I am not succeeding at retiring. I am trying to retire the consulting work and so I do not market any of my tasks so the answer is absolutely yes. Right now I have one (1) project that I am working and it is due in November with the outcome. Ms. Yukimura: What happens if you are called to be a interim priest somewhere? Ms. Tudela: I would not leave the island. Ms. Yukimura: I see. Okay. Ms. Tudela: Thank you for that clarification. Mr. Chock: We have a follow up question. Councilmember Bynum. Mr. Bynum: I think you just answered it. I know I have a real investment in people filling their terms particularly on these boards that get involved in really weighty matters. I think I heard the answer that you feel confident that you could fulfill the term? Ms. Tudela: Yes, I have no intention of leaving the island. I have to go back every November for a particular meeting of the diocese, but other than that I...I am trying to retire. Mr. Bynum: So Kaua`i is your retirement home? Ms. Tudela: Yes. I have no other residence. • Mr. Bynum: Welcome. It is a pretty nice place to hang out. Ms. Tudela: It sure is. Mr. Chock: One (1) more question. Ms. Yukimura: So you were Senior Vice President of Compliance at SBC Communications? Ms. Tudela: That is correct. Ms. Yukimura: In that position...excuse my ignorance, but compliance means... SPECIAL COUNCIL MEETING 6 JULY 2, 2014 Ms. Tudela: I supervised a staff of fifty (50) attorneys. I am not an attorney. The compliance for that particular job was during the transition when SBC purchased Ameritech Corporation and because of my broad experience in the telephone company, I had extensive experience in all of the departments they had me lead the group of lawyers that dealt with the Department of Justice and the Federal Communications Commission (FCC) in Washington because there was a fairly significant agreement between the government and the corporation to allow the merger to occur. So there were some two or three thousand (2,000 — 3,000) things we had to track, and I was the person in charge of many lawyers who made sure that we followed it to the letter. Ms. Yukimura: The only disadvantage at this public dialogue is that you might have a harder time remaining retired. There may be some people trying to hire you. Ms. Tudela: I am working hard, Councilmember to not let that happen. Ms. Yukimura: Thank you very much. Ms. Tudela: You are welcome. Thank you. Mr. Chock: Thank you as well for the current service you already provide and I am going to echo some of what Councilmember Yukimura said. Do not think about retiring anytime soon. I think there are some things we could talk about, certainly in leadership development as I am a practitioner and could use some work but I think the larger message about looking at the root of some of our ethical issues that come up and trying to see if we can resolve them prior to them coming to the forefront. Certainly there are the standard ones that I know you folks deal with when it comes to defining the law, like you said the percentage wise. I think you said fifty-one (51) forty-nine (49) but certainly we are looking at how we can be more proactive in affecting the system. I just thank you for your contribution and look forward to having you. I think we are confirming this either later or next week rather. Ms. Tudela: You are welcome. Mr. Chock: Thank you. Ms. Tudela: Thank you. Mr. Chock: I do not see anyone in the gallery for public testimony so we will move to our interviewee. SPECIAL COUNCIL MEETING 7 JULY 2, 2014 2. COST CONTROL COMMISSION: • Jan Hashizume — Term ending 12/31/2016 Mr. Chock: I will ask Jan Hashizume to come up and she will be applying for the Cost Control Commission. If you could introduce yourself and give us a brief introductory. JAN HASHIZUME: Good morning. My name is Jan Hashizume and I have three (3) daughters and a grandson. My oldest daughter and my grandson are on `Oahu. My middle daughter, Jannon, just graduated from high school last year from Kauai High and my youngest daughter, Joni, graduated from Kaua`i High this past year. I received my bachelors in accounting from University of Hawaii (UH) Manoa and later I got my neighbor island Master of Business Administration (MBA) in the same year that my oldest daughter got her electrical engineering degree from UH. I have been a Certified Public Accountant (CPA) for over twenty (20) years. I have mainly been working in small public accounting firms on `Oahu and now on Kauai. Mr. Chock: I am going to ask if there are any questions from Councilmembers. I would just like to say thank you and I think I am on the same track as you. I am going to graduate with my masters with my son too, hopefully. Thank you for your service and being here. I know that this is an area that we need to get filled and have been waiting for. Members, any questions? I will start with Councilmember Bynum. Mr. Bynum: Just thank you. Thank you very much for being willing to serve, and the Mayor is on a roll in terms of appointing good people. Our Boards and Commissions have become more proactive and involved every year, so thank you for your willingness to serve. Ms. Hashizume: Thank you. Mr. Chock: Councilmember Yukimura. Ms. Yukimura: The Mayor is on a roll in terms of appointing women thankfully. Mr. Bynum: That is what I was going to say but I was being more tactful. Ms. Yukimura: I want to be celebrating. Jan, thank you very much for your willingness to be on this board. What are both your anticipations and•fears about being on the Cost Control Commission? SPECIAL COUNCIL MEETING 8 JULY 2, 2014 Ms. Hashizume: It will be a new experience. I do not really have any experience with the County government but I feel with my background and probably going over with the current members and past members and even the current employees that we can come out with kind of recommendations Ms. Yukimura: Yes, I think it will be very interesting for you because the County is a big organization, one thousand plus (1,000+) employees and a one hundred sixty-eight million dollar ($168,000,000) Operating Budget so there will be a lot of learning but I know that we will also gain from your insights and background so it is a good match. Thank you very much. Ms. Hashizume: Thank you very much. Mr. Chock: Any other questions? Again, thank you for your service and we look forward from hearing from you and the great work that you contribute. Ms. Hashizume: Thank you for the opportunity. Mr. Chock: At this time I do not see anyone in the audience to testify, so we will call this meeting back to order, and we do not need a motion or action on this so that concludes our interviews, Boards and Commissions interviews and we are going to move to our next item, and just in time we have our County Attorney, Ian Jung in the room. If you could move us in our direction of Executive Session. IAN K. JUNG, Deputy County Attorney: Good morning Vice Chair and Members of the Council. Mr. Chock: I am sorry. Excuse me one (1) second. Mr. Bynum: Are we conducting the meeting that starts at 10:00 a.m.? Mr. Chock: No, we are in the Special Council Meeting for ES... Mr. Bynum: Okay, I just wanted to confirm that. Mr. Chock: Okay. Proceed please. SPECIAL COUNCIL MEETING 9 JULY 2, 2014 EXECUTIVE SESSION: ES-735 Pursuant to Hawaii Revised Statutes (HRS) Sections 92-4 and 92-5(a)(4), and Kaua`i County Charter Section 3.07(e), the Office of the County Attorney requests an Executive Session with the Council, to provide the Council with a briefing on EEOC Charge Nos. 486-2013-00066, 486-2013-00345, 486-2013-00047, 486-2013-00343, 486-2013-00005, and 486-2013-00342 concerning the County of Kaua`i, Kauai Police Department, and related matters. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item. Mr. Jung: This matter was deferred from June 18, 2014. Mr. Chock: Anyone who would like to testify on this item? Seeing none, any further discussion before we move into Executive Session? Mr. Rapozo moved to convene in Executive Session for ES-735, seconded by Ms. Yukimura, and carried by the following vote: FOR EXECUTIVE SESSION: Bynum, Hooser, Rapozo, TOTAL— 5, Yukimura, Chock AGAINST EXECUTIVE SESSION: None TOTAL— 0, EXCUSED & NOT VOTING: Kagawa, Furfaro TOTAL — 2, RECUSED & NOT VOTING: None TOTAL — 0. Mr. Chock: Thank you, five (5) ayes. Can we break and be back in the room in three (3) minutes? Would that be sufficient? Thank you. ADJOURNMENT: There being no further business, the Special Council Meeting adjourned at 8:54 a.m. e Aspectfully submitted, ll I / JA WI ' . FOUNTAIN-TANIGAWA Deputy County Clerk :lm