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HomeMy WebLinkAbout2015_0220_Minutes Open_APPROVEDCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 3/20/15 Board /Committee: BOARD OF ETHICS Meeting Date February 20, 2015 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:01 p.m. End of Meeting: 2:03 p.m. Present Chair Warren Perry; Vice Chair Maureen Tabura; Secretary Ryan de la Pena. Members: Kathy Clark; Brad Nagano (1:12 p.m.) Staff. Deputy County Attorney Nicholas Courson; Boards & Commissions Office: Support Clerk Barbara Davis; Administrator Paula Morikami Excused Members: Calvin Murashige; Mary Tudela Absent SUBJECT DISCUSSION ACTION Call To Order Chair Perry called the meeting to order at 1:01 p.m. with 4 members present. Approval of Minutes Regular Open Session Minutes of January 16, 2015 Ms. Tabura moved to approve the minutes as circulated. Mr. de la Pena seconded the motion. Motion carried 4:0 Communication BOE 2015 -02 Notice to the County Council from Council Chair Rapozo of Mr. de la Pena moved to receive the communication. Ms. Tabura seconded the motion. Motion carried 4:0 aapossible conflict of interest regarding the Salary Commission's Resolution No. 2014 -1 as relates to salaries of certain officers and employees of which his brother is one of the officers or employees who may benefit from the proposed salary increase Request for an Advisory Opinion RAO 15 -005 Request of 1/7/15 from Council Chair Rapozo as to whether there is a conflict for him to participate in deliberation and decision - making on the Salary Commission's Resolution 2014 -1 of which his brother may benefit from the proposed salary increase Ms. Tabura pointed out that a page was missing from the Resolution provided by Council Chair Rapozo's office which makes it hard to render a decision. Ms. Clark was not sure it was significant because the question was whether or not he should be involved in his brother getting a raise, but Ms. Tabura was unsure since she did not know what was missing in the Board of Ethics Open Session February 20, 2015 Page 2 SUBJECT DISCUSSION ACTION Resolution. Ms. Clark moved that there is a conflict of interest. Ms. Tabura seconded the motion for discussion purposes. Ms. Tabura noted the Resolution as presented does not show any conflict because there is no listing for the Director of Liquor. Staff explained the page was missing from the original submittal, but the salary is in the same range as others listed and the position is part of the Salary Resolution. Ms. Morikami explained all of the positions that the Salary Resolution covers totals 57 positions. Chair Mel Rapozo's brother is the Director of Liquor and is one of the 57 positions listed. Chair Perry said if there is or is not a conflict they need to nail down where it falls in the Code of Ethics, and he does not see it. 20.02 E: uses official position to secure a special benefit, but is it a special benefit when there are 56 others including himself. Ms. Tabura questioned how the Council can pass a Resolution when it benefits themselves. Chair Perry thought the name of the game was "special benefit ". Ms. Clark asked how they get to vote on their own pay raise. Staff explained that Council used to set their own salaries, but they do not do that anymore. It is done by the Salary Commission but increases for Council could not be enacted for another two years. Ms. Clark stated she has no problem with people getting raises but voting to give myself or my brother a raise isn't the best way to do it. Ms. Tabura said they all have to vote for themselves, and this makes it hard even though she did not think it was a real conflict. Board of Ethics Open Session February 20, 2015 Page 3 SUBJECT DISCUSSION ACTION Ms. Morikami said an increase in the Salary Resolution for Councilmembers would not take effect until after the next election so they would not necessarily be voting for themselves and it does not affect the current sitting Councilmembers. Motion failed 0:4 Ms. Tabura moved that there is no conflict. Ms. Clark seconded the motion. Deputy Attorney Courson asked if the Board wanted to address the Council's Rules 5 and 8 mentioned in Chair Rapozo's request. Chair Perry said there was no opinion on the Council Rules. Chair Perry asked if it would be okay with the Board for clarification purposes that they render an opinion that it is not a special benefit. Ms. Clark stated that was not Mr. Rapozo's question so should they render an opinion about something they are not asked. Deputy Attorney Courson said he would find it useful in writing the advisory opinion versus just saying there is no conflict, and the opinion may benefit other County employees and serve as precedential value. Ms. Morikami further clarified that the Salary Commission only sets the maximum allowed and it is up to the appointing authority whether they want to give the maximum allowed salary. Gerald Rapozo, Director of Liquor Control, is appointed and hired by the Liquor Commission so they determine whether or not he gets an increase and how much. Motion carried 4:1 (recusal -Na ano) RAO 15 -006 Request of 1/12/15 from Councilmember Kaneshiro as to whether there is a conflict of interest for him to participate in Council hearings and voting as relates to community plan amendments and other matters not specific to HMI but that Council action may have an effect on these companies Chair Perry noted that an updated letter from Councilmember Kaneshiro was received at the start of the meeting. Deputy Attorney Courson pointed out that however they frame the motion Board of Ethics Open Session February 20, 2015 __ SUBJECT DISCUSSION ACTION Councilmember Kaneshiro did set out four questions in his letter. Ms. Clark moved that there is a conflict on nos. 1, 2, 3, and 4. Mr. de la Pena seconded the motion for discussion purposes. Ms. Clark stated she does not know what Haili Moe is and she does not know Mr. Kaneshiro's total relationship to it so it is difficult to figure out what type of impact there may be on this whole thing. Deputy Attorney Courson thought Councilmember Kaneshiro might have explained it a bit more at the previous meeting. Mr. Nagano noted from the minutes of January 16 that Mr. Kaneshiro's percentage of ownership in Haili Moe is .207183°/x. Ms. Clark again said she does not know what Haili Moe is or what it does and did not feel Mr. Kaneshiro described it very well because he talks mostly about Grove Farm. Mr. Nagano said Grove Farm is a major owner of HMI. Ms. Clark said Mr. Kaneshiro indicated he is also an employee of Grove Farm so it is not very clear; is he getting paychecks from the same company twice? Ms. Clark noted she was not clear on this at the last meeting and is even less clear this time because of the Community Plan which she does know something about; the Community Plans project long term business relationships, but she does not understand the impact here. Ms. Clark asked if they should table this request until Mr. Kaneshiro can explain it. Deputy Attorney Courson reminded the Board that the Charter requires an opinion be rendered within 45 days. If the Board passes on this question then it is understood to be acceptable. Deputy Attorney Courson said maybe they could do an interim opinion that has an express disclaimer based on what information is available that this appears to be a conflict. If Councilmember Kaneshiro wants to come back and supplement that the Board is open to changing its position. Chair Perry noted that the motion is that Councilmember Kaneshiro is in conflict with all 4 inquiries. Ms. Clark said assuming the motion passes would they want the motion to Board of Ethics Open Session February 20, 2015 Page 5 SUBJECT DISCUSSION ACTION say there appears to be a conflict with the information they have, which opens the door for him to come back. Deputy Attorney Courson said that would be his suggestion if the Board can provide some discussion that justifies writing wiggle room into the Advisory Opinion to invite him to come back. There was something very similar to this previously that was ruled no conflict. Ms. Clark said her point is that she does not know enough about this. Ms. Tabura agreed that she would need to better know what his company does and to better understand how it could potentially impact his role. Chair Perry asked if it would assist Mr. Kaneshiro or anyone looking at the Opinion to cite the provisions. Deputy Attorney Courson said it would be very helpful to say this is a conflict under which provision(s) and allow him to address the Board's concerns directly. Ms. Clark suggested the provisions could be §20.02 C, D, and E. Chair Perry said §20.04 B: any elected official, appointed officer....... who possesses, not as much as someone who goes out and acquires, and that is the problem with §20.02 C. It seem like while you are an officer or employee you acquire that financial interest. Meanwhile §20.04 B says if you possess that financial interest. §20.02 C seems to be prospective, after you are employed then you acquire the financial interest. Chair Perry did not know if Mr. Kaneshiro was appearing on behalf of special interest ( §20.02 B); he might be wearing his County Council hat and not appearing on behalf but taking action that might reasonably infer that he has a conflict. Chair Perry asked for an amendment to the motion to nail down provisions that appear to make it a conflict. Ms. Clark amended the original motion to include §20.02 C, D, E and §20.04 B in support of the conflict. Mr. de la Pena seconded the amendment. Motion to amend carried 5:0 Motion on the original motion as amended Board of Ethics Open Session February 20, 2015 '._- SUBJECT DISCUSSION ACTION carried 5:0 Disclosures a. Lawrence John Dill (County Engineer) b. George K. Costa (Economic Development Director) c. Dee M. Crowell (Deputy Planning Director) d. Jan Hashizume (Cost Control Commission) e. Charles G. King (Salary Commission) f. Janine M.Z. Rapozo ,Director of Human Resources) Mr. de la Pena moved to receive all the disclosures and deem them complete. Ms. Clark seconded the motion. Motion carried 5:0 Executive Deputy Attorney Courson stated that pursuant to Session H.R.S. §92 -4, H.R.S. §92 -5 (a) (2) (4) the Board is going into Executive Session for items ES -002 and ES -003: BOE 15 -001 as fully described in the posted agenda. Ms. Tabura moved to go into Executive Session at 1:40 p.m. Mr. de la Pena seconded the motion. Motion carried 5:0 Return to Open Ratify Board of Ethics actions taken in Executive Session for items: Mr. de la Pena moved to ratify the actions taken in Session ES -02 and ES -003 Executive Session. Mr. Nagano seconded the motion. Motion carried 5:0 Announcements Next Meeting: Friday, March 20, 2015 Adjournment Chair Perry adjourned the meeting at 2:03 p.m. Submitted by: Barbara Davis, Staff Support Clerk O Approved as circulated. O Approved with amendments. See minutes of Reviewed and Approved by: meeting. Warren Perry, Chair Board of Ethics Open Session February 20, 2015 Page 7