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HomeMy WebLinkAbout2015_0515_Minutes Open_APPROVEDCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 6/19/15 Board /Committee: BOARD OF ETHICS Meeting Date May 15, 2015 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. End of Meeting: 2:28 p.m. Present Chair Warren Perry; Secretary Ryan de la Pena. Members: Addison Bulosan; Calvin Murashige; Brad Nagano; Mary Tudela Staff. Deputy County Attorney Nicholas Courson; Boards & Commissions Office: Support Clerk Barbara Davis; Administrator Jay Furfaro. Also: Deputy County Attorney Adam Roversi Excused Vice Chair Maureen Tabura Absent SUBJECT DISCUSSION ACTION Prior to the start of the meeting, County Clerk Jade Fountain - Tanigawa gave the Oath of Office to new Board member Addison Bulosan. Call To Order Chair Perry called the meeting to order at 1:00 p.m. with 6 members present. Approval of Minutes Regular _ Open Session Minutes of April 17, 2015 Mr. de la Pena moved to approve the minutes as circulated. Mr. Nagano seconded the motion. Motion carried 6:0 Communications BOE 2015 -15 Declaration of possible conflict of interest related to C2015- Ms. Tudela moved to receive both communications. Mr. Murashige seconded the motion. Motion carried 6:0 124, 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 pinion from Depu y Counjy 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 Mr. Roversi distributed a one page summary from HHF Planners (on file with Board of Ethics Open Session May 15, 2015 Page 2 SUBJECT DISCUSSION ACTION Boards & Commissions) spelling out what they are doing, which supplements his request for an Opinion. Beyond what is in his letter, he would reiterate Hanalei Canoe Club is not physically located in the County park or the future planned park; it is a neighboring property owner so the canoe club does not have a property or financial interest in the park, per se, just an interest in how the park develops as a neighboring entity and community group. Mr. Roversi also mentioned that he is part of the litigation team from the County Attorney's Office and handles broad civil litigation on behalf of the County. In that litigation team position, he is not typically in an advice and counsel position for the Department of Parks or any other park; his time is spent going to court for litigation. He suggested that being involved in the Community Advisory Committee isn't conflicting with his day -to -day activities of providing consultation to the Department of Parks or any other entity because that is not the scope of his job. Mr. Roversi then stated he would be happy to answer any questions from the Board. Mr. Murashige asked Deputy Attorney Courson if the Community Advisory Committee was a committee under the County of Kauai. Mr. Courson replied that he was not sure. Mr. Roversi said the information he handed out describes the committee specifically as opposed to a broad description. It is his understanding that it is an entity created by HHF Planners to provide them with information that, HHF Planners this private entity who has been subcontracted by Department of Parks, will then present alternative proposals to Parks who will make whatever ultimate decisions. HHF Planners is coming up with three recommended alternatives based on input from the CAC, and a bunch of open community meetings they are intending to have, and present their three plans to Parks. Parks will make whatever ultimate decisions that have to be made that will then be approved by the County Council as well. Mr. Murashige noted the last sentence in the handout says individuals interested in participating in the CAC will be asked to submit an application for review by the County; it concerns Mr. Murashige that the Board of Ethics Open Session May 15, 2015 Page 3 SUBJECT DISCUSSION ACTION County would review applications for those who sit on the committee. Chair Perry said the County is hiring HHF to tell them what they do with Black Pot Beach Park and is contracting for the study to be done. The Deputy County Attorney is asking as a member of the Hanalei Hawaiian Civic Canoe Club is he going to have a conflict. What it boils down to if you look at the Code of Ethics is there going to be some special benefit or conflict of interest. Mr. Murashige said he was looking at §20.02 D which says appearing in behalf ofprivate interest before any county board, commission or agency. In other words the committee............ Mr. Murashige said if it is construed as a county board, commission or agency. Chair Perry said that is pretty clear and for Mr. Roversi's edification §20.02 says no officer or employee of the county shall...... and then you get down to D appear in behalf of private interest before any county board, commission or agency. Chair Perry called for further discussion or questions. Mr. Roversi added that the reason he came to the Board is the steering committee of the Hanalei Canoe Club asked him to be on their board. There are no doubts that other people at the canoe club can do this, but they deemed him, as one of the longest term members who is on the steering committee, as the most knowledgeable about the park since he grew up there and knowledgeable about the history of the canoe club. Attorney Courson asked Mr. Murashige when he cited §20.02 D appear in behalf of private interest before any county board, commission or agency was he saying Deputy County Attorney Roversi because of his membership and later appearing before Council is the concern? Mr. Murashige said no, he was questioning what the exact status of the advisory committee is; is it an extension of the County? If it is as an employee then 20.02 D would seem to say he cannot. If it is an independent organization then perhaps it is a different story. Attorney Courson said he would have to look at the contract as he does not advise Parks and is not familiar with how that was set up. If it is in fact somehow a Board of Ethics Open Session May 15, 2015 SUBJECT DISCUSSION ACTION county board, he would not be appearing in behalf of private interest before that board; he would be a member of that board and §20.02 D necessarily would bar him. If it is not a county board and he has to go before Council that would be the bigger problem if he was a representative. The relationship with the County is probably pretty critical, but Mr. Courson did not know what the relationship was. Mr. Nagano questioned why the County would review the applications. Attorney Courson thought they may have felt the need for some level of control over who was on it, but it is the contractor we hired, HHF Planners, and they are creating a Community Advisory Committee, but he does not know why the County would ask for a review; he would have to ask Parks. Chair Perry said there is a difference between appearing in behalf of versus being a member of to which Attorney Courson agreed. Mr. Nagano said if there was a litigation situation that came out of this, would there be someone else besides Mr. Roversi to handle it? Mr. Roversi said he currently is the men's head coach at the Hanalei Canoe Club, so if any litigation arose involving Black Pot Park that in any way had some sort of relationship to Hanalei Canoe Club, he would already recuse himself regardless of whether he participates in the CAC or not. As part of his job on the litigation team, he already would not be involved in anything like that. Attorney Courson said they have discussed this and County Attorney Trask is aware of Mr. Roversi's membership so that potential conflict is already identified and is acceptable to us; this is an extension of something we are already aware of. Chair Perry asked what is the pleasure of the Board and is there a motion one Ms. Tudela moved that the Board find no way or the other. conflict. Mr. de la Pena seconded the motion. Motion carried 6:0 Executive Mr. Furfaro recused himself, as Administrator of Session this Board, from the Executive Session based on his 14 years of being a colleague of the Board of Ethics Open Session May 15, 2015 Page 5 SUBJECT DISCUSSION ACTION respondent. Mr. de la Pena moved to go into Executive Session at 1:15 p.m. Ms. Tudela seconded the motion. Deputy Attorney Courson cited that the Board would go into Executive Session pursuant to the Hawaii Revised Statutes for ES -008 and ES- 007 as fully described on the posted agenda. Motion carried 6:0 Return to Open The meeting resumed in Open Session at 2:18 p.m. Session Ratify Board of Ethics actions taken in Executive Session for items: ES -008 and ES -007 Mr. de la Pena moved to ratify the Board's actions taken in Executive Session. Mr. Murashige seconded the motion. Motion carried 6:0 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) Mr. de la Pena moved to accept Disclosures a. through f. and deem them complete. Mr. Murashige seconded the motion. Motion carried 6:0 Announcements Next Meeting: Friday, June 19, 2015 — 1:00 p.m. Adjournment Chair Perry adjourned the meeting at 2:28 p.m. Board of Ethics Open Session May 15, 2015 Submitted by: mime Barbara Davis, Staff Support Clerk O Approved as circulated. () Approved with amendments. See minutes of Reviewed and Approved by: meeting. Warren Perry, Chair