HomeMy WebLinkAbout2015_0417_Minutes Open_APPROVEDCOUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Approved as circulated 5/15/15
Board /Committee:
BOARD OF ETHICS
Meeting Date
April 17, 2015
Location
Mo`ikeha Building, Liquor Conference Room 3
Start of Meeting: 1:00 p.m.
End of Meeting: 2:14 p.m.
Present
Chair Warren Perry; Vice Chair Maureen Tabura; Secretary Ryan de la Pena. Members: Brad Nagano; Mary Tudela
Staff: Deputy County Attorney Nicholas Courson; Boards & Commissions Office: Support Clerk Barbara Davis; Administrator Paula
Morikami. Audience Member Ken Taylor
Excused
Member Calvin Murashige
Absent
SUBJECT
DISCUSSION
ACTION
Call To Order
Chair Perry called the meeting to order at 1:00
p.m. with 5 members present.
Approval of
Regular Open Session Minutes of March 20, 2015
Minutes
Mr. Taylor addressed members of the Council (sic) stating the minutes are
supposed to reflect somewhat what went on during the meeting and he felt
his comments were stated in the simplest of terms. He felt it was more
important to reflect his statement that "potential conflict of interest means
any action or decision or recommendations by a person acting in a capacity
as a public official" and it goes on. He further felt that "A potential
conflict of interest arises where a person has private interests that could
conflict with their public duties. A perceived conflict of interest can exist
where a third party could form the view that a person's private interest
could improperly influence the performance of their duties now or into the
future......." was also an important statement. He asked that those
statements be added to the minutes.
Chair Perry said he would entertain a motion to accept the minutes and
attach Mr. Taylor's testimony to them since the original minutes do
indicate his testimony is on file with the office.
Ms. Tudela so moved. Mr. de la Pena seconded
the motion.
Page 7, line 4 change "prospective" to perspective
Board of Ethics
Open Session
April 17, 2015
Page 2
SUBJECT
DISCUSSION
ACTION
Page 10, last line insert opinion following the word "standing"
Page 11, line 19 insert a comma following no and before anymore
Motion to approve minutes with corrections
approved 5:0
Communications
BOE 2015 -07 Declaration of possible conflict dated 3/10/15 from
Councilmember Arryl Kaneshiro regarding C 2015 -74 (Grove Farm Right
of Entry Agreement)
BOE 2015 -08 Declaration of possible conflict dated 3/13/15 from
Councilmember JoAnn Yukimura related to the Appropriation for the
Comprehensive Economic Development Strategies WEDS) — Keiki to
Career Workforce Readiness Project in the Fiscal Year 2015 — 2016
Mayor's Operating Budget Submittal
BOE 2015 -09 Declaration of possible conflict dated 3/13/15 from
Councilmember KipuKai Kualii related to the Appropriation for the
YWCA in the Fiscal Year 2015 — 2016 Mayor's Operating Budget
Submittal
BOE 2015 -10 Declaration of possible conflict dated 3/13/15 from
Councilmember Arryl Kaneshiro related to the Appropriation for the
Kauai Economic Development Board (KEDB) — Food & Agriculture
Program in the Fiscal Year 2015 — 2016 Mayor's Operating Budget
Submittal
BOE 2015 -11 Declaration of possible conflict dated 3/13/15 from
Councilmember Arryl Kaneshiro related to Appropriations for Grove Farm
Company, Inc. in the Fiscal Year 2015 — 2016 Mayor's Operating Budget
Submittal
BOE 2015 -12 Declaration of possible conflict dated 3/13/15 from
Councilmember ALryj Kaneshiro related to the Appropriation for the East
Board of Ethics
Open Session
April 17, 2015
Page 3
SUBJECT
DISCUSSION
ACTION
Kauai Soil & Water Conservation District in the Fiscal Year 2015 — 2016
Ma, orperating Budget Submittal
BOE 2015 -13 Declaration of possible conflict dated 3/13/15 from
Councilmember JoAnn Yukimura related to the Appropriation for the Boys
& Girls Club in the Fiscal Year 2015 — 2016 Mayor's Operating Budget
Submittal
BOE 2015 -14 Declaration of possible conflict dated 3/18/15 from
Councilmember Mason Chock relating to the Appropriation for the
g (CEDS) — Keiki to
Comprehensive Economic Development Strategies
_
Career Workforce Readiness Project in the Fiscal Year 2015 — 2016
Mayor's Operating Budget Submittal
Ms. Tabura moved to accept all of the
declarations as listed. Mr. Nagano seconded the
motion.
Mr. Taylor said one of the things that has come up is when a
Councilperson can talk about an issue. The question is when does a
perceived conflict begin and end.
Chair Perry asked Mr. Taylor for any one specific area related to the
communications to which Mr. Taylor referenced BOE 2015 -08 noting Ms.
Yukimura participates in an activity outside her Council duties, and when
it comes time to possibly give funds to that organization she wants to step
down. Chair Perry stated they all know that. Mr. Taylor said the question
is when does a conflict begin and end. It doesn't begin at a vote of a
decision making process; the conflict takes place as well in the discussion
leading up to a decision. This is what needs to be clarified.
Ms. Tudela explained a Councilmember submits their declaration to
document their conflict of interest, which is their responsibility to
communicate to us per the Code of Ethics. Essentially the Board is
Board of Ethics
Open Session
April 17, 2015
SUBJECT
DISCUSSION
ACTION
accepting their declaration of a conflict of interest in a specific case and
that is all that this is about.
Motion carried 5:0
Disclosures
a. Charlotte Leilani Hoomanawanui (Historic
Preservation Commission)
b. Victoria Lea Wichman (Historic Preservation
Commission)
c. Jay Joseph Furfaro (Administrator Boards &
Commissions)
d. Ken Masao Shimonishi (Director of Finance)
e. Kimo M. Keawe (Planning Commission)
f. James Daniel Whitfield (Cost Control Commission)
g. Tricia -Lynn Kalanihookaha Yamashita (Cost
Control Commission)
Ms. Tabura moved to accept disclosures a.
through g. and deem them complete. Ms. Tudela
seconded the motion. Motion carried 5:0
Executive
Ms. Tabura moved to go into Executive Session
Session
at 1:21 p.m. Mr. de la Pena seconded the
motion. Motion carried 5:0
Deputy Attorney Courson cited that the Board
would go into Executive Session pursuant to the
Hawaii Revised Statutes for ES -006 and ES-
007 as fully described on the posted agenda.
Return to Open
Ratify Board of Ethics actions taken in Executive Session for items: ES-
Session
006 and ES -007
Ms. Tabura moved to ratify actions taken in
Executive Session. Mr. Nagano seconded the
motion. Motion carried 5:0
Announcements
Next meeting: Friday, May 15, 2015 — 1:00 p.m.
Adjournment
Chair Perry adjourned the meeting at 2:14 p.m.
Board of Ethics
Open Session
April 17, 2015
MWOMMI
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