The URL can be used to link to this page

Home My WebLink About2015_0828_AgendaPacketWarren Perry Chair Maureen Tabura Vice -Chair Ryan de la Pena Secretary COUNTY OF KAUAI BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, August 28, 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 July 17, 2015 Members: Addison Bulosan Calvin Murashige Brad Nagano Mary Tudela COMMUNICATIONS BOE 2015 -19 Communication dated 7/17/15 from Councilmember Kuali'i to Council Chair regarding a possible conflict of interest and recusal related to Kauai Victim of Crime Act Expansion Project 15 -VA -3 Grant for the Office of the Prosecuting Attorney BOE 2015 -20 Communication dated 8/3/15 from Councilmember Kuali'i to Council Chair regarding a possible conflict of interest and recusal related to the Fiscal Year 2014 Edward J Byrne Memorial Justice Assistance Grant (JAG) to fund the Sex Assault Prosecuting Unit for the Office of the Prosecuting Attorney BOE 2015 -21 Communication dated 8/3/15 from Councilmember Yukimura to Council Chair regarding a possible conflict of interest Legal Document C 2015- 212 relating to the License Agreement for the Three Portables and a portion of the grounds immediately surrounding the portables located at the Kauai War Memorial Convention Hall DISCLOSURES a. Jett James Jaspar (Open Space Commission) b. Mahealani Michelle Krafft (Deputy County Attorney) c. Keola Aiona Siu (Deputy Prosecuting Attorney) d. Sheng S.C. Sheng (Deputy Prosecuting Attorney) An Equal Opportunity Employer EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes § §924 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 -013: Regular Executive Session Minutes of July 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 -014: BOE 15 -004 Information gathering, discussion and possible decision - making as related to Resolution 2015 -1 on the Board of Ethics initiation of 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 Kauai County Code 1987 Article 1, Section 34.6, HRS 84 -13. a. Investigation whether any officer or employee of the County used his or her official position with the County to secure special benefits, privileges, or exemptions in the hiring of an employee b. Investigation whether any officer or employee of the County used his or her official position with the County to secure special benefits, privileges, or exemptions for another ES -015: BOE 15 -005 Anonymous communication dated 7/21/15 alleging that an employee or officer of the County has breached the Code of Ethics by showing favoritism to private industry RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES -013, ES -014 and ES- 015 ANNOUNCEMENTS Next Meeting: Friday, September 18, 2015 — 1:00 p.m., Mo`ikeha Building, Liquor Conference Room ADJOURNMENT 2 1 P a g e Board of Ethics — August 28, 2015 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. 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 L-1hu`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 — August 28, 2015 fi wwwrlrw COUNTY OF KAUAI W =W46 Minutes of Meeting OPEN SESSION Board/Committee: BOARD OF ETHICS Meeting Date July 17, 2015 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. End of Meeting: 1:36 p.m. Present Chair Warren Perry; Vice Chair Maureen Tabura; 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 Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Perry called the meeting to order at 1:00 p.m. with 7 members present. Approval of Regular Open Session Minutes of June 19, 2015 Mr. de la Pena moved to approve the minutes as Minutes circulated. Mr. Nagano seconded the motion. Motion carried 6:1 1 abstention — Tabura Communications BOE 2015 -18 Communication dated 6/5/15 from Council Chair Rapozo to Ms. Tabura moved to receive the Councilmember Kaneshiro regarding_ Request to Reconsider Conflict of communication. Mr. de la Pena seconded the Interest Declaration relatiniz to Treatment and Healing Services Center motion. Motion carried 7:0 Disclosures a. Sara Ann McNamee (Deputy Prosecuting Attorney) Mr. Nagano moved to receive disclosures a. b. Michael T Martinez (Fire Commission) through d. and deem them complete. Mr. c. Merrilee Mia Ako (Charter Commission) Murashige seconded the motion. Motion carried d. Teresa F. Tumba a u .V Cognly Attorne 7:0 Executive Deputy Attorney Courson cited that the Board Session ^\ V would go into Executive Session pursuant to the Hawaii Revised Statutes for ES -011 and ES -012 S as fully described on the posted agenda. Ms. Tudela moved to go into Executive Session at 1:09 p.m. Ms. Tabura seconded the motion. Board of Ethics Open Session July 17, 2015 _- SUBJECT DISCUSSION ACTION Motion carried 7:0 Return to Open Session Ratify Board of Ethics actions taken in Executive Session for items: ES. The meeting resumed in Open Session at 1::36 p.m. Mr. Nagano moved to ratify the Boards actions. Mr. de la Pena seconded the motion. Motion carried 7:0 011 and ES -012 Announcements Next Meeting: Friday, August 28, 2015 —1:00 p.m, Adjournment Chair Perry adjourned the meeting at 1:36 p.m, Submitted by: Barbara Davis, Staff Support Clerk { j Approved as circulated. Approved with amendments. See minutes of Reviewed and Approved by: Warren C.R. Perry, Chair meeting: 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 Llu`e, Kauai, Hawaii 96766 MEMORANDUM July 17, 2015 TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: KipuKai Kuah'i, Councilmember('--� 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 •_ 7C_, 1 /C�, It r ��y / /�/ Ii _ Li �4 JUI.2 12015 BOAriDj CCsi� �Vls�S1Cr, !� I RE: POSSIBLE CONFLICT OF INTEREST AND RECUSAL RELATED TO KAUAI VICTIM OF CRIME ACT EXPANSION PROJECT 15-VA-3 GRANT FOR THE OFFICE OF THE PROSECUTING ATTORNEY 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 relating to the Kauai Victim of Crime Act Expansion Project 15 -VA -3 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. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. AO:cy cc: August 5, 2015 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff BOE ao/s- 0 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 MEMORANDUM August 3, 2015 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 AUG - 42015 TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: KipuKai Kuah'i, Councilmember c �r RE: POSSIBLE CONFLICT OF INTEREST AND RECUSAL RELATING TO THE FISCAL YEAR 2014 EDWARD J. BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) TO FUND THE SEX ASSAULT PROSECUTING UNIT FOR THE OFFICE OF THE PROSECUTING ATTORNEY 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 relating to the Fiscal Year 2014 Edward J. Byrne Memorial Justice Assistance Grant (JAG) to fund the Sex Assault Prosecuting Unit for 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. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. JA:cy cc: August 19, 2015 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff IsoC Q015---\O 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 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 Llhu`e, Kauai, Hawaii 96766 MEMORANDUM AUG _ 7 August 3, 2015 TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: JoAnn A. Yukimura, Councilmember RE: POSSIBLE CONFLICT OF INTER T LEGAL DOCUMENT C 2015 -212 - RELATING TO THE LICENSE AGREEMENT FOR THE THREE PORTABLES AND A PORTION OF THE GROUNDS IMMEDIATELY SURROUNDING THE PORTABLES LOCATED AT THE KAUAI WAR MEMORIAL CONVENTION HALL 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 • possible conflict of interest relating to Agenda item (Legal Document) C 2015 -212, • request for approval of the license agreement between the County of Kauai and the Boys & Girls Club of Hawaii, for the three (3) portables and a portion of the grounds immediately surrounding the portables located at the Kauai Memorial Convention Hall Lihu`e. The possibility of a conflict exists as I am on the Kauai Advisory Board for the Boys & Girls Club of Hawaii. In light of the above, I will recuse myself from discussing or participating in Agenda item C 2015 -2120 Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. CNT:mn cc: August 19, 2015 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff AN EQUAL OPPORTUNITY EMPLOYER