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Home My WebLink About2015_0619_AgendaPacketz Warren Perry Chair Maureen Tabura Vice -Chair Ryan de la Pena Secretary COUNTY OF KAUAI BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, June 19, 2015 1:00 p.m. or shortly thereafter Mo`ikeha Building, Liquor Conference Room 3 4444 Rice Street, Lihu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of May 15, 2015 Members: Addison Buloson Calvin Murashige Brad Nagano Mary Tudela COMMUNICATIONS BOE 2015 -17 Declaration of possible conflict dated 6/4/15 from Councilmember Kaneshiro related to Council Legal Document C 2015 -166 REQUEST FOR ADVISORY OPINION RAO 15 -009 Request dated 5/26/15 from Councilmember Chock as to whether there is a conflict of interest regarding his position on the Leadership Council of the Kauai Planning and Action Alliance's ( "KPAA ") Keiki to Career Initiative and his position as a member of the Kauai County Council RAO 15 -010 Request dated 6/4/15 from Councilmember Chock as to whether there is a conflict of interest regarding participation in the County Council proceedings and voting on a possible appropriation from the Public Access, Open Space, Natural Resources Preservation Fund for any project involving the Waipa Foundation DISCLOSURES a. Scott K. Sato (Deputy County Clerk) b. Jade K. Fountain - Tanigawa (County Clerk) c. Kaaina S. Hull (Deputy Director, Planning Department) d. Jeffrey Scott Iida (Civil Service Commission) e. Lawrence (Larry) Chaffin, Jr. (KHPRC) An Equal Opportunity Employer EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes § §92 -4 and 92 -5 (a) (2)(4), 92 -9 (a)(1-4) (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 -009: Regular Executive Session Minutes of May 15, 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 -010: BOE 15 -003 Complaint received 5/13/15 alleging an employee or officer of the county has breached the Code of Ethics as set forth in the Kaua'i County Charter section 20.02 and the Kauai County Code 1987 Article 1, Section 34.6, HRS 84 -13, RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES -009 and ES -010 ANNOUNCEMENTS Next Meeting: Friday, July 17, 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 §924 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; 2. The agenda item that you are providing comments on; and Board of Ethics — June 19, 2015 2 1 P a g e 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 Board of Ethics Attn: Barbara Davis Office of Boards & Commissions 4444 Rice Street, Suite 150 L-iiu`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. Board of Ethics — June 19, 2015 3 1 Page e' 11 ft Ljj r■ r r ra T b �COUNTY OF KAUAI a l Y'If 1 13 Minutes of Meeting OPEN SESSION 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 CSI ~r " \ P BOE 201545 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_ Attorn ey 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 CgjMjy 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 Board of Ethics Open Session May 15, 2015 Page 2 SUBJECT DISCUSSION ACTION representative of Hanalei Hawaiian Civic Canoe Club Mr. Roversi distributed a one page summary from HHF Planners (on file with 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 Board of Ethics Open Session May 15, 2015 Page 3 SUBJECT DISCUSSION ACTION 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 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 of private 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 Board of Ethics Open Session May 15, 2015 SUBJECT DISCUSSION ACTION 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 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. Board of Ethics Open Session May 15, 2015 Page 5 SUBJECT DISCUSSION ACTION 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 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. Board of Ethics Open Session May 15, 2015 OM EO K SUBJECT DISCUSSION ACTION Murashige seconded the motion. Motion carried 6:0 Announcements Next Meeting: Friday, June 19, 2015 —1:00 p.m. Adjournment I I Chair Perry adjourned the meeting at 2:28 pe 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 TO: FROM: RE: Council Services Division 4396 Rice Street, Suite 209 Llhu`e, Kauai, Hawaii 96766 MEMORANDUM June 4, 2015 Mel Rapozo, Council Chair and Members of the Kauai County Council Arryl Kaneshiro, Councilmember AK OFFICE OF THE COUNTY CLERK Jade K. Fountain- Tanigawa, County Clerk Scott K. Sato, Deputy County Clerk Telephone (808) 241 -4188 Fax (808) 241 -6349 Email cokcouncil@kauai.gov l j/ i U, �L' JUN 10 2015 BOAHur)'S x' POSSIBLE CONFLICT OF INTEREST RELATED TO LEGAL DOCUMENT C 2015 -166 Pursuant to Section 20.04(B) of the Kauai County Charter, Section 3 -1.9 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 at the June 4, 2015 Council Meeting regarding Legal Document C 2015 -166, which is a Right -of -Entry Agreement and Memorandum of Understanding between the County of Kauai and Grove Farm Company, Inc., due to my employment with Grove Farm Company, Inc. In light of the above, I will recuse myself from the aforementioned item and any subsequent meeting thereafter related to this item. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. YS:mn cc: June 17, 2015 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff f30 t, a 15- -!7 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 Council Services Division 4396 Rice Street, Suite 209 Llhu`e, Kauai, Hawaii 96766 May 26, 2015 Warren Perry, Chairperson Board of Ethics c/o Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu`e, Hawaii 96766 Dear Chair Perry and Members of the Board of Ethics: OFFICE OF THE COUNTY CLERK Jade K. Fountain- Tanigawa, County Clerk Scott K. Sato, Deputy County Clerk Telephone (808) 2414188 Fax (808) 241 -6349 Email cokcouncil@kauai.gov y._ . . I am seeking an advisory opinion on whether there is a conflict of interest regarding my position on the Leadership Council of the Kauai Planning and Action Alliance's ( "KPAA ") Keiki to Career Initiative and my position as a member of the Kauai County Council. In the Mayor's Fiscal Year 2015 -2016 Budget submittal and supplemental budget communication, the Mayor included an appropriation for $30,000 for KPAA in the Office of the Mayor. This appropriation was said to have been for the Community Indicators Report. A portion of the Community Indicators Report includes indicators related to public education, of which is used by KPAA's Keiki to Career Initiative. The KPAA Keiki to Career Initiative was funded in a separate line item and also included in the Mayor's Fiscal Year 2015 -2016 budget submittal and supplemental budget communication. It should be noted that I did recuse myself from the Keiki to Career item, due to my status as a member of the Leadership Council for the Keiki to Career Initiative. Although these appropriations were subsequently removed from the Fiscal Year 2015 -2016 Operating Budget during the Council's decision - making, and therefore negates any concerns of a conflict, I foresee this situation arising in the future and seek guidance in that respect. Please advise as to whether I will need to recuse myself from participating and voting on KPAA line items relating to the Community Indicators Report as well as any KPAA funding issues that may come up in the future, as long as I am a member of the Leadership Council for the Keiki to Career Intitiative. Thank you for your consideration of my request. Sincerely, MASON K. CHOCK Councilmember, Kauai County Council CNT:lc �A C7 % 5 0 0 AN EQUAL OPPORTUNITY EMPLOYER i COUNTY COUNCIL Mel Rapozo, Chair Ross Kagawa, Vice Chair Mason K. Chock Gary L. Hooser Arryl Kaneshiro KipuKai Kuali`i JoAnn A. Yukimura Council Services Division 4396 Rice Street, Suite 209 Llhu`e, Kauai, Hawaii 96766 June 4, 2015 Warren Perry, Chairperson Board of Ethics c/o Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu`e, Hawaii 96766 Dear Chair Perry and Board Members: OFFICE OF THE COUNTY CLERK Jade K. Fountain- Tanigawa, County Clerk Scott K. Sato, Deputy County Clerk - Telephone (808) 241 -4188 Fax (808) 241 -6349 Email cokcouncil@kauai.gov JUN 5 206 I am writing to request that the Board of Ethics provide me with an advisory opinion regarding my participation in County Council proceedings and voting on a possible appropriation from the Public Access, Open Space, Natural Resources Preservation Fund for any project involving the Waipa Foundation. I am not a member of the Waipa Foundation or its leadership, but I do have one (1) formal agreement with that organization through my organization Kauai Teen Challenge, doing business as Kupu a`e, for which I serve as President. No funds are exchanged between the Waipa Foundation and Kupu a`e, and no other contract exists between the organizations. Kupu a`e has a Right -of- -Entry Agreement to use land owned by Waipa for the purpose of facilitating the Kupu a`e "Waipa Challenge Ropes Course." From time to time, Kupu a`e allows the Waipa Foundation (students and other invitees) to use the challenge ropes course. It is my position that my organization's minimal and isolated involvement with the Waipa Foundation would not preclude me from participating in Council action regarding the Waipa Foundation. Section 20.02 of the Kauai County Charter reads in pertinent part as follows: "No officer or employee of the county shall:.. . C. Acquire financial interest in business enterprises which he may be directly involved in official action to be taken by him. D. Appear in behalf of private interests before any county board, commission or agency. E. Use his official position to secure a special benefit, privilege or exemption for himself or others." AN EQUAL OPPORTUNITY EMPLOYER l5�oio Chair Perry and Board Members Re: Advisory Opinion June 4, 2015 Page 2 None of the above restrictions apply to my circumstances (Subsections A., B., and F., not cited, are also inapplicable). Subsection 20.04.B. of the Kauai County Charter reads as follows: "B. Any elected official, appointed officer, employee, or any member of a board or commission who possesses or acquires such interest as might reasonably tend to create a conflict with his duties or authority, or who is an owner, officer, executive director or director of an organization, or whose member of his immediate family, which includes parents, siblings, spouse or children, is an owner, officer, executive director or director of an organization in any matter pending before him shall make full disclosure of the conflict of interest and shall not participate in said matter." I have not possessed or acquired any interest as might reasonably tend to create a conflict with my duties or authority, nor am I a Waipa Foundation owner, officer, et cetera. Thank you for your consideration and assistance in this matter. Should you need additional information, you may contact me at my Council Office at (808) 241 4188. You may also send any correspondence to me at the Office of the County Clerk, Council Service Division, whose address is listed above. Thank you for your attention to this matter. Sincerely, MASON K. CHOCK Councilmember, Kauai County Council JA:mn