HomeMy WebLinkAbout2015_0918_Minutes Open_APPROVEDCOUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Approved as circulated 10/16/15
Board /Committee:
BOARD OF ETHICS
Meeting Date
September 18, 2015
Location
Mo`ikeha Building, Liquor Conference Room 3
Start of Meeting: 1:00 p.m.
End of Meeting: 1:21 p.m.
Present
Chair Warren Perry; Vice Chair Maureen Tabura; Secretary Ryan de la Pena. Members: Addison Bulosan; Mary Tudela
Staff. Deputy County Attorney Nicholas Courson; Boards & Commissions Office: Support Clerk Barbara Davis; Administrator Jay
Furfaro
Excused
Members: Calvin Murashige; Brad Nagano
Absent
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 August 28, 2015
Mr. de la Pena moved to approve the minutes as
Minutes
circulated. Mr. Bulosan seconded the motion.
Motion carried 5:0
Business
BOE 2015 -22 Memo dated 8/27/15 from the Charter Review Commission
seeking input on Article XX for the Kauai County Charter
Ms. Tabura moved to receive the
communication. Ms. Tudela seconded the
motion.
Ms. Tudela said she vaguely recalls a situation where the Board was asking
for more clarity in the language but does not remember what the clause was
that was in question. Chair Perry said what has always bothered him about
the Code is it talks about the benefits to yourself and to other people, and
wondered if it would be unethical for an officer or employee of the County
of Kauai to use his or her official position to cause a detriment to someone
else. In other words, someone does not like someone else and intentionally
causes a situation in which files are lost or permits are never granted, and
wondered if that has ever been incorporated in any Code. The Chair said
perhaps legal counsel could explore that possibility. Attorney Courson
clarified that the question was could he locate a Code of Ethics somewhere
in which they address detriment to anyone. Ms. Tudela said she thought of
it as a reciprocity clause where it shows it is not just one - sided; it could go
Board of Ethics
Open Session
September 18, 2015
Page 2
SUBJECT
DISCUSSION
ACTION
the other way. Attorney Courson commented that the Board might want to
consider the "to appear in behalf of provision, which has caused issues in
the past. Staff stated that issue is on the Charter Commission's agenda for
this month. Ms. Tudela also suggested cleaning up the gender language to
which Staff said that is also being done by the Charter Commission.
Attorney Courson said sending those suggestions on would not hurt; it
shows the Board of Ethics raised it, and it might be worthwhile as it builds a
record. Attorney Courson asked if the Board wanted him to look up what
special benefit meant to which the Board concurred.
Motion carried 5:0
Disclosures
a. Leon J.C. Davenport III (Deputy Prosecuting Attorney)
Ms. Tabura moved to accept the Disclosure and
deem it complete. Mr. de la Pena seconded the
motion. Motion carried 5:0
Executive
Ms. Tudela moved to go into Executive Session
Session
at 1:12 p.m. Ms. Tabura seconded the motion.
Attorney Courson cited that the Board would go
into Executive Session pursuant to the Hawaii
Revised Statutes for ES -016 and ES -017 as fully
described on the posted agenda.
Motion carried 5:0
Return to Open
The meeting resumed in Open Session at 1:21 p.m.
Session
Ratify Board of Ethics actions taken in Executive Session for items: ES -016
and ES -017
Mr. de la Pena moved to ratify the Board's actions
taken in Executive Session. Mr. Bulosan seconded
the motion. Motion carried 5:0
Announcements
Next Meeting: Friday, October 16, 2015
Adjournment
Chair Perry adjourned the meeting at 1:21 p.m.
Board of Ethics
Open Session
September 18, 2015
Submitted by:
Page 3
Barbara Davis, Staff Support Clerk
O Approved as circulated.
() Approved with amendments. See minutes of
Reviewed and Approved by:
meeting.
Warren C.R. Perry, Chair