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HomeMy WebLinkAbout2015_1016_AgendaPacketWarren Perry Chair Maureen Tabura Vice -Chair Ryan de la Pena Secretary COUNTY OF KAUAI BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, October 16, 2015 1:00 p.m. or shortly thereafter Mo`ikeha Building, Liquor Conference Room 3 4444 Rice Street, Lihu'e, HI 96766 C�7:� 11 III IL�Z�7 -117147 r APPROVAL OF MINUTES Regular Open Session Minutes of September 18, 2015 BUSINESS BOE 2015 -22 Members: Addison Bulosan Calvin Murashige Brad Nagano Mary Tudela Memo dated 8/27/15 from the Charter Review Commission seeking input on Article XX for the Kauai County Charter (On- going) EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes § §92 -4 and 92 -5 (a) (2)(4), 92 -9 (a)(14) (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 -018: Regular Executive Session Minutes of September 18, 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 -019: 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 An Equal Opportunity Employer in the Kauai County Charter section 20.02 E and the Kauai County Code 1987 Article 1, Section 3 -1.6, HRS 84 -13. 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 (On- going) RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES -018 and ES-019 ANNOUNCEMENTS Next Meeting: Friday, November 20, 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 a _ 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. 2 1 P t e Board of Ethics — October 16, 2015 �t Send written testimonv to: Board of Ethics Attn: Barbara Davis Office of Boards & Commissions 4444 Rice Street, Suite 150 Uhu`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. P Board of Ethics — October 16, 2015 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 u } .�, t f .,rt r c tt i .. ✓, 7 .f.. .X. v +{ ., r. r, t 4. r. s -..r` z..r.. ✓ n ; -r t.. .> ,5. ,:: e. ,..: .. t. rs. .,i,x UA rft, .,,ads sf4az ?.:u ✓2t, z:uu ..$, t.,t ».<. .m<.,�., r,,, „er.,,.,d,Ak7+r. ,.. ..a +: rc. r..X ... ..: t {, .,<.,., „Xrr .,+,.,i,:,,,<,.:, ,.. R <,vfw . r,. .. x:. .,, r.3., „.,.ry <n.r„. :.rus., r:i . ✓,: ..:,,f, ✓�., ,, }e<., ",,.,,xau ,s,.,X:,, nek&,, < »,..,,,,. SUBJECT DISCUSSION ACTION Call To Order Chair Perry called the meeting to order at 1:00 .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 if it would be unethical for an officer or employee of the County \wondered 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 (i1 wondered if that has ever been incorporated in any Code. The Chair said (J1 perhaps legal counsel could explore that possibility. Attorney Courson clarified that the question was could he locate a Code of Ethics somewhere Board of Ethics Open Session August 28, 2015 i C s SUBJECT DISCUSSION ACTION 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 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. a Board of Ethics Open Session August 28, 2015 aM 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 Bernard P. Carvalho, Jr. Mayor Nadine K. Nakamura Managing Director Jay Furfaro Administrator Jan TenBruggencate, Chair Joel Guy, Vice -Chair Merilee (Mia) Ako Ed Justus Allan Parachini Patrick Stack Cheryl Stiglmeier COUNTY OF KAUAI CHARTER REVIEW COMMISSION TO: See Attached Distribution List Cc: Bernard P. Carvalho, Jr., Mayor Nadine K. Nakamura, Managing Director FROM: Via: DATE: Jan TenBruggencate, Chair Jay Furfaro, Administrator August 27, 2015 RE: Requesting Input on areas of the Kauai County Charter In accordance with Article XXIV of the Kauai County Charter, Section 24.03, the Charter Review Commission will sunset in 2016. As a result the Commission is soliciting comments and/or recommendations regarding specific areas of concern or issues related to your department and/or duties as determined by the Charter for consideration of inclusion on the 2016 General Election ballot. x-!7`1 The next Charter Review Commission meeting is scheduled for Monday, September 28, 2015, at 4:00 L u p.m. in the Moikeha Building, Meeting Room 2A/B, with subsequent meetings on the fourth Monday of each month. We would welcome you to attend our meeting to discuss your viewpoints and/or suggestions. The Commission will be accepting input for proposed ballot amendments through the end of 2015 at which time we will need to commence work on the legal review for all proposed amendments. If you would like to appear before the Charter Review Commission to discuss your concerns at any of our future meetings please contact Barbara Davis, Office of Boards and Commissions at bdavis(&kauai.gov or 241 -4917. Mahalo. $ 04e ao 15 -ate, 4444 Rice Street, Suite 150 • Lihu`e, Hawaii 96766 • (808) 241 -4917 • Fax (808) 241 -5127 ARTICLE XX CODE OF ETHICS Section 20.01. Standards of Conduct. In order to establish standard of integrity and morality ethics is hereby established, I n government service, a Section 20.02. No officer or employee of the county shall: A. Solicit, accept or gift, whether in the fore entertainment, hospitality, under circumstances in which gift is intended to influence duties or is intended as a part. a high code of receive, directly or indirectly, any of money, service, loan, travel, :ping or promise or in any other form, it can reasonably be inferred that the him in the performance of his official -eward for any official action on his B. Disclose information which, by law or practice, is not available to the public and which he acquires in the course of his official duties or use such information for his personal gain or for the benefit of anyone. 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. F. Use county property for other than public activity or purpose. Section 20.03. Contracts. A. The county shall not enter into any contract with an officer or employee or with a firm in which an officer or employee has a substantial interest involving services or property of a value in excess of $1,000.00 unless the contract is made after competitive bidding. (Amended 2010) B. The county shall not enter into a contract with any person or firm which is represented or assisted personally in the matter by a person who has been an employee of the agency within the preceding one year and who participated while in county employment with the subject matter of the contract. (Amended 2010) C. This section shall not apply to personal employment contract. Section 20.04. Disclosure. A. The mayor, councilpersons, all department heads and deputies, members of boards and commissions and the purchasing administrator, and any employee delegated or authorized to act on behalf of the director of finance and the deputy director of finance in their absence shall, within thirty (30) days of assuming office, file with the board a list of all real property within the county in which he has any right, title or interest, a list of all business firms which contract for county business in which he has any interest, and all their places of employment, including part -time r.. employment, all sources and amounts of income, business ownership, officer and director positions, debts, creditor interests in insolvent businesses and the names of persons represented before government agencies. Amendments to the list, including additions, deletions or changes in title, interest in property or of employment, shall be made within thirty (30) days of the occurrence of the amendment. The list shall be a matter of public record. (Amended 2010) 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 A in any matter pending before him shall make full disclosure of the conflict of interest and shall not participate in said matter.(Amended 1976, 1980, 2006, 2008) C. Penalties. (1) Any violation of any of the provisions of this section shall, at the option of void the contract, work, the business, director of sale finance, render forfeit and or transaction affected. (2) Any violation of any of the provisions of this section shall constitute cause or employment. for fine, suspension or removal from office D. The council shall, by ordinance, adopt and may, from time to time, revise and amend such complementary provisions as may be necessary to supplement the code of ethics. E. The mayor, the council and the board of ethics shall be responsible for the enforcement of provisions of this article. Section 20.05. Board of Ethics. There shall be a board of ethics. A. The board shall consist of seven members. (Amended 2006) B. The board shall annually select a chairman and a secretary from among its members and shall adopt rules necessary for the conduct of its meetings. C. The board shall meet at the call of the chairman or of a majority of its members. A majority of the membership shall constitute a quorum for the conduct of business, and the affirmative k vote of at least a majority shall be necessary to take any action. D. It shall be the function of the board: (1) To initiate, receive, hear and investigate complaints of violations of the code of ethics and to transmit its findings to the council as to complaints involving county officers and to the civil service commission as to employees. It may also, on its own, file impeachment proceedings in the circuit court, (2) To render advisory opinions or interpretations with respect to application of the code on request. All requests for advisory opinions shall be answered within forty five (45) days of its filing and failure to submit an advisory opinion within said forty five (45) days shall be deemed a finding of no breach of the code. Opinions rendered or deemed rendered shall be binding on the board in any subsequent charges concerning the officer or employee of the county until said opinion is amended or revoked by the board. (Amended 2010) (3) To prescribe a form for section and to implement the provisions. the disclosure provided in this requirements of the disclosure (4) To examine all disclosure statements filed and to comment on or advise corrective action to any matters that may indicate a conflict of interest. (Amended 1976) (5) To propose revisions of the code to assure its effectiveness. E. In the course of its investigations, the board shall have the power to administer oaths and subpoena witnesses and to compel the production of books and papers pertinent thereto. F. All hearings on complaints shall be Only findings of violations shall be referred civil service commission. Upon referral to service commission, the violations shall be similar item of council or civil service come closed to the public. to the council or the the council or civil treated as any other fission business. G. If any officer or employee, or former officer or employee, shall obtain an advisory opinion from the board and shall govern himself accordingly, or shall act in accordance with the opinions of the board, he shall not be held guilty of violating any of the provisions of the code. H. Cooperations. The council and mayor shall cooperate and provide financing and personnel help required by the commission in the performance of its duties.