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Home My WebLink About2015_0717_AgendaPacketJ C C Warren Perry Chair Maureen Tabura Vice -Chair Ryan de la Pena Secretary COUNTY OF KAUAI BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, July 17, 2015 1:00 p.m. or shortly thereafter Mo`ikeha Building, Liquor Conference Room 3 4444 Rice Street, L11hu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of June 19, 2015 Members: Addison Buloson Calvin Murashige Brad Nagano Mary Tudela COMMUNICATIONS BOE 2015 -1 S Communication dated 6/5/15 From Council Chair Rapozo to Councilmember Kaneshiro regarding Request to Reconsider Conflict of Interest Declaration relating to Treatment and Healing Services Center DISCLOSURES a. Sara Ann McNamee (Deputy Prosecuting Attorney) b. Michael T Martinez (Fire Commission) c. Merrilee Mia Ako (Charter Commission) d. Teresa F. Tumbaga (Deputy County Attorney) 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 -011: Regular Executive Session Minutes of June 19, 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 An Equal Opportunity Employer 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 -012: BOE 15 -004 Discussion and decision - making on whether the Board of Ethics shall initiate an investigation under Rule 6.2 into an allegation that 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 E and the Kaua'i County Code 1987 Article 1, Section 34.6, HRS 84 -13, of which the nature and scope of the investigation be defined by resolution. RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES -011 and ES -012 ANNOUNCEMENTS ( Next Meeting: Friday, August 14, 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; 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. 2 1 P a g e Board of Ethics — July 17, 2015 0 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 Li1iu`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 — July 17, 2015 3 1 P a g e J `' y1" rid COUNTY OF KAUAI " Minutes of Meeting OPEN SESSION Board/Committee: BOARD OF ETHICS Meeting Date June 19, 2015 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:01 p.m. I End of Meeting: 2:26 p.m. Present Chair Warren Perry; Secretary Ryan de la Pena. Members: Addison Bulosan; Calvin Murashige; Brad Nagano; Mary Tudela Staff Boards & Commissions Office: Support Clerk Barbara Davis; Administrator Jay Furfaro Excused Vice Chair Maureen Tabura Minutes Absent circulated. Mr. Murashige seconded the motion. SUBJECT DISCUSSION ACTION Call To Order Chair Perry called the meeting to order at 1:01 p.m. with 6 members present. Approval of Regular Open Session Minutes of May 15, 2015 Mr. Nagano moved to approve the minutes as Minutes circulated. Mr. Murashige seconded the motion. Motion carried 6:0 Communications BOE 2015 -17 Declaration of possible conflict dated 6/4/15 from Councilmember Kaneshiro related to Council Legal Document C 2015 -166 Mr. de la Pena moved to receive the communication. Mr. Murashige seconded the motion. Motion carried 6:0 Request for 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 Advisory Opinion 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 Chair Perry stated that Councilmember Chock was not available. The Chair said it might be appropriate to table the request to the next meeting or go by what is presented in the meeting packet. Staff reminded the Board that they have 45 days from the filing to deliver an Advisory Opinion so it would not make the next meeting. Board of Ethics Open Session June 19, 2015 Page 2 SUBJECT DISCUSSION ACTION 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 M project involving the Waipa Foundation Mr. Murashige moved that the Board find there is a conflict for both requests. Mr. Nagano seconded the motion. Motion carried 6:0 Disclosures a. Scott K. Sato (Deputy County Clerk b. Jade K. Fountain -Tani ag wa (CoILnV Clerkj C, Kaaina S. Hull (Deputy Director, Planning Department d. Jeffrey Scott Iida (Civil Service Commission) e. Lawrence (Larry Chaffin, Jr. (KHPRC) Ms. Tudela moved to accept Disclosures a. through e. and deem them complete. Mr. de la Pena seconded the motion. Motion carried 6:0 Executive Chair Perry said he would entertain a motion for Session the Board to go into Executive Session for the reasons as fully described on the posted agenda. Mr. Murashige moved to go into Executive Session at 1:12 p.m. Ms. Tudela seconded the motion. Motion carried 6:0 Return to Open Ratify Board of Ethics actions taken in Executive Session for items: ES- The meeting resumed in Open Session at 2:26 p.m. Session 009 and ES -010 Mr. Murashige moved to ratify the actions taken in Executive Session. Mr. Nagano seconded the motion. Motion carried 6:0 Announcements Next Meeting: Friday, July 17, 2015 Adjournment Chair Perry declared the meeting adjourned at 2:26 p.m. Board of Ethics Open Session June 19, 2015 Page 3 Submitted by: Barbara Davis, Staff Support Clerk () Approved as circulated. () Approved with amendments. See minutes of Reviewed and Approved by: meeting. Warren C.R. 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 Council Services Division 4396 Rice Street, Suite 209 L3hu`e, Kauai, Hawaii 96766 MEMORANDUM June 5, 2015 TO: Arryl Kan��ees�shiro, Councilmember FROM: Mel Rapo�i5, council Chair 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 RE: REQUEST TO RECONSIDER CONFLICT OF INTEREST DECLARATION RELATING TO TREATMENT AND HEALING SERVICES CENTER At the June 3, 2015 Council Meeting, the Council approved Legal Document C 2015 -166, relating to a Right -Of -Entry Agreement and Memorandum of Understanding between the County of Kauai and Grove Farm Company, Inc. Approval of the legal documents will allow the County to conduct inspections, perform surveys, prepare studies, and complete any other necessary tasks to accomplish compliance with the State, County, and Federal rules and regulations prior to obtaining land use entitlements and to dedicate approximately five acres off Ma`alo Road, located mauka of Hanama`ulu, for the development of a Treatment and Healing Services Center. Article XX, Section 20.04 (B), of the Charter of the County of Kauai, relating to the Code of Ethics, states, "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 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." Due to this provision in the Charter and your employment with Grove Farm Company, Inc., you declared a possible conflict of interest in this matter and recused yourself from all discussion and deliberation. �66E , ol5- IS AN EQUAL OPPORTUNITY EMPLOYER Arryl Kaneshiro, Councilmember Re: Treatment and Healing Services Center June 5, 2015 Page 2 It is my opinion that the development of a Treatment and Healing Services Center is a broad issue that affects the overall health, safety and wellness of the residents of Kauai. This important issue deserves the participation of all Councilmembers given their ability to participate without conflict. I would like to request your consideration to rescind your conflict declaration as I do not believe that there is a conflict in participating in future agenda items relating to the Treatment and Healing Services Center even though the Center will be located on land owned by Grove Farm Company. Thank you for your consideration and response. Should you have any questions, please feel free to see me or Council Services Staff. YS:lc cc: Board of Ethics✓