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Home My WebLink About2015_0515_AgendaPacketWarren Perry Chair Maureen Tabura Vice -Chair Ryan de la Pena Secretary COUNTY OF KAUAI BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, May 15, 2015 1:00 p.m. or shortly thereafter Mo`ikeha Building, Liquor Conference Room 3 4444 Rice Street, L-1hu'e, HI 96766 Oath of Office for new member Addison Buloson CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of April 17, 2015 Members: Addison Buloson Calvin Murashige Brad Nagano Mary Tudela COMMUNICATIONS BOE 2015 -15 Declaration of possible conflict of interest related to C2015424, Office on Violence Against Women Grant for the Office of the Prosecuting Attorney BOE 2015 -16 Declaration of possible conflict of interest related to Kauai Victim of Crime Act Expansion Project 13 -VA -3 (Office of the Prosecuting Attorney) REQUEST FOR ADVISORY OPINION RAO 15 -008 Request for an advisory opinion from Deputy County Attorney Adam Roversi as to whether he can do volunteer service on the Community Advisory Committee for the new Black Pot Park Master Plan, as a representative of Hanalei Hawaiian Civic Canoe Club DISCLOSURES a. Savita Agarwal (Police Commission) b. Mari Lynne Aki Yokoi (Fire Commission) c. David Ernest Helder (Historic Preservation Review Commission) d. Thomas M. Nizo (Fire Commission) e. Addison Charles Suero Bulosan (Board of Ethics) f. Gerald W. "Chip" Bahouth (Police Commission) An Equal Opportunity Employer EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes § §92 -4 and 92 -5 (a) (2)(4), 92 -9 (a)(14) (b), the purpose of this executive session is to receive and approve Executive Session minutes and to consult with the Commission's legal counsel on issues pertaining to the Commission's and the County's powers, duties, privileges, immunities, and/or liabilities as they may relate to this item, deliberate and take such action as appropriate. ES -008: Regular Executive Session Minutes of April 17, 2015 Pursuant to H.R.S. §92 -4 and H.R.S. 92 -5 (a) (2) and (4), the purpose of this executive session is to consider the evaluation, dismissal or discipline of an employee or officer of the County in which charges have been alleged against an employee or officer where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held; and to consult with the Board's legal counsel on issues pertaining to the Board's and the County's powers, duties, privileges, immunities, and/or liabilities as they may relate to this item, deliberate and take such action as appropriate. ES -007: BOE 15 -002 Complaint received 3/20/15 alleging an employee or officer of the county has breached the Code of Ethics as set forth in the Kaua'i County Charter and the Kaua'i County Code 1987 in the performance of his/her duties (On- going) RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES -008 and ES -007 ANNOUNCEMENTS Next Meeting: Friday, June 19, 2015 —1:00 p.m., Mo`ikeha Building, Liquor Conference Room 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; SUMT Board of Ethics — May 15, 2015 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 testimony to: Board of Ethics Attn: Barbara Davis Office of Boards & Commissions 4444 Rice Street, Suite 150 Llhu` 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. 3 1 P a g e Board of Ethics — May 15, 2015 F COUNTY OF KAUAI J r m r Minutes of Meeting OPEN SESSION 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 Minutes 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 y future......." was also an important statement. He asked that those c 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 Ld indicate his testimony is on file with the office. Ms. Tudela so moved. Mr. de la Pena seconded Board of Ethics Open Session April 175 2015 Page 2 SUBJECT DISCUSSION ACTION the motion. Page 7, line 4 change "prospective" to perspective 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 EntryAgreement) 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 (CEDS) — 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 Ma orOperating 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 Ma orb '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 Board of Ethics Open Session April 17, 2015 Page 3 SUBJECT DISCUSSION ACTION BOE 2015 -12 Declaration of possible conflict dated 3/13/15 from Councilmember Arryl Kaneshiro related to the Appropriation for the East Kauai Soil & Water Conservation District in the Fiscal Year 2015 — 2016 Mayor's Operating 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 201544 Declaration of possible conflict dated 3/18/15 from Councilmember Mason Chock relating to the Appropriation for the Comprehensive Economic Development Strategies (CEDS) — Keiki to 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. Board of Ethics Open Session April 1'7, 2015 SUBJECT DISCUSSION ACTION 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 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. Na ano seconded the Board of Ethics Open Session April 17, 2015 Page 5 SUBJECT DISCUSSION ACTION motion. Motion carried 5:0 Announcements Next meeting: Friday, May 15, 2015 —1:00 p8m, Adjournment Chair Perry adjourned the meeting at 2:14 p.m. Submitted by: Barbara Davis, Staff Support Clerk Approved as circulated. { Approved with amendments. See minutes of Reviewed and Approved by meeting. Warren Perry, Chair COUNTY COUNCIL Mel Rapozo, Chair Ross Kagawa, Vice Chair Mason K. Chock Gary L. Hooser Arryl Kaneshiro KipuKai Kuali`i JoAnn A. Yukimura L , Council Services Division ,'1 "} 2 ,�'C 4396 Rice Street, Suite 209 LW7 J 1hu`e, Kauai, Hawaii 96766 & commisslof"s MEMORANDUM April 21, 2015 OFFICE OF THE COUNTY CLERK Ricky Watanabe, County Clerk Jade K. Fountain - Tanigawa, Deputy County Clerk Telephone (808) 2414188 Fax. (808) 241 -6349 Email cokcouncil@kauai.gov '15 APR 22 18 :41 TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: KipuKai Kuali`i, Councilmember (!�--� ter, RE: POSSIBLE CONFLICT OF INTEREST RELATED TO C 2015 -124, OFFICE ON VIOLENCE AGAINST WOMEN GRANT FOR THE OFFICE OF THE PROSECUTING ATTORNEY Pursuant to Section 20.04(B) of the Kauai County Charter, Section 3 -19 of the Kauai County Code 1987, as amended, and Rule No. 8 of the Rules of the Council of the County of Kauai, I hereby provide written disclosure on the record of a possible conflict of interest regarding C 2015 -124, relating to the Office on Violence Against Women Grant application by the Office of the Prosecuting Attorney, due to my employment with the YWCA of Kauai. In light of the above, I will recuse myself from the aforementioned item. Thank you for your attention to this matter. Should you have any questions, please feel free to contact the Office of the County Clerk, Council Services Division at 241 -4188. AO:cy cc: May 6, 2015 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff 48 0E X0/5 -ice AN EQUAL OPPORTUNITY EMPLOYER COUNTY COUNCIL Mel Rapozo, Chair Ross Kagawa, Vice Chair Mason K. Chock Gary L. Hooser Arryl Kaneshiro KipuKai Kuali`i JoAnn A. Yukimura OFFICE OF THE COUNTY CLERK Ricky Watanabe, County Clerk Jade K. Fountain- Tanigawa, Deputy County Clerk Telephone (808) 2414188 Fax (808) 241 -6349 Email cokcouncil@kauai.gov Council Services Division 4396 Rice Street, Suite 209 Lniu`e, Kauai, Hawaii 96766 r `` MEMORANDUM APR 2 9;� April 21, 2015 TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: KipuKai Kuah'i, Councilmember `' t , ��^+E /� �•i RE: POSSIBLE CONFLICT OF INTEREST RELATED TO KAUAI VICTIM OF CRIME ACT EXPANSION PROJECT 13-VA-3 (OFFICE OF THE PROSECUTING ATTORNEY) Pursuant to Section 20.04(B) of the Kauai County Charter, Section 3.19 of the Kauai County Code 1987, as amended, and Rule No. 8 of the Rules of the Council of the County of Kauai, I hereby provide written disclosure on the record of a possible conflict of interest regarding the grant application by the Office of the Prosecuting Attorney for the Kauai Victim of Crime Act Expansion Project 13 -VA -3, due to my employment with the YWCA of Kauai. In light of the above, I will recuse myself from the aforementioned item. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. AO:dmc cc: May 6, 2015 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff AN EQUAL OPPORTUNITY EMPLOYER Bernard P. Carvalho, Jr. Mayor Nadine K Nakamura Managing Director OFFICE OF THE COUNTY ATTORNEY County of Kauai, State of Hawaii 4444 Rice Street, Suite 220, Llhu`e, Hawaii 96766 -1300 TEL (808) 241 -4930 FAX (808) 241 -6319 April 20, 2015 Warren Perry, Chair County of Kauai, Board of Ethics 4444 Rice St., Suite 150 L11hu`e, HI 96766 Dear Chair Perry, Mauna Kea Trask County Attorney Stephen F. Hall First Deputy �rw ! �_ MR 2 0 2015 Bt OAR D6 & I am writing to request an advisory opinion relating to community volunteer work and my role as Deputy County Attorney. _More specifically, I am seeking an opinion regardin�the_pr9prie of my volunteer service on the Community Advisory Committee for the new Black Pot Park Master Plan, as a representative of Hanalei Hawaiian Civic Canoe Club. Within the County Attorney's Office I am a member of the "litigation team" as opposed to the "advice and counsel" team. As such, I represent the County in civil litigation either filed against or brought by the County and its various departments. For many years, I have volunteered as a coach and member of the Steering Committee of the Hanalei Hawaiian Civic Canoe Club. Founded in 1973, as a recreational offshoot of the non- profit Hanalei Hawaiian Civic Club, the "Hanalei Canoe Club" has just under three hundred members from ages 6 to 74, dedicated to the sport of outrigger canoe paddling. I presently volunteer as the men's division coach and as a member of the Steering Committee, The County recently contracted with private consultant HHF Planners to develop a new Master Plan for the expansion of Black Pot Beach Park in Hanalei. HHF will eventually present alternative master plan proposals to its client, the Department of Parks and Recreation. As part of HHF's planning process, HHF is forming a Community Advisory Committee ( "CAC "). The CAC is tentatively to be composed of eighteen local stakeholder representatives who will be charged with attending three planning meetings to advise HHF during the planning process. The CAC is purely advisory, and will have no authority beyond this advisory role. Hanalei Canoe Club currently holds a long -term lease to property located mauka of "Sheehan's Boatyard" and other land recently acquired by the County for the expansion of Black Pot Beach Park. As such, HHF is seeking a representative from Hanalei Canoe Club to sit on the CAC to represent the interests of the Canoe Club during the Black Pot planning process. Although the Canoe Club currently has no property or financial interest in the park, it will certainly be affected by the manner in which the neighboring park will be developed in the future. The Steering Committee of the Canoe Club has asked that I represent the Club on the CAC. An Equal Opportunity Employer RAO /6*�40009 11 Because there is only a two -week window between the announcement of the CAC's formation and the deadline to submit names for representatives to join the CAC, I have gone ahead and submitted an application to be the Hanalei Canoe Club representative. I nonetheless could later withdraw my name and seek out an alternative Club representative if the Ethics Commission views my position on the CAC as ethically problematic. I look forward to hearing from the Commission, and would be more than happy to provide additional information if required. Thank you for your time. Sincerely, Adam P. Roversi Deputy County Attorney 4444 Rice St., Suite 220 L'Aiu`e, HI 96766 (808) 242 =4930 aroversi auai.gov 2