HomeMy WebLinkAbout2015_1016_Minutes Open_APPROVEDCOUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Approved as circulated 11/13/15
Board /Committee:
BOARD OF ETHICS
Meeting Date
October 16, 2015
Location
Mo`ikeha Building, Liquor Conference Room 3
Start of Meeting: 1:00 p.m.
End of Meeting: 2:07 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; Administrator Jay
Furfaro
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 September 18, 2015
Ms. Tabura moved to approve the minutes as
Minutes
circulated. Mr. de la Pena seconded the motion.
Motion carried 5:2 abstain- Murashi e; Nagano)
Business
BOE 2015 -22 Memo dated 8/27/15 from the Charter Review Commission
seeking input on Article XX for the Kauai County Charter (On-going)
Chair Perry called for a motion to receive the communication.
Ms. Tudela so moved. Mr. Nagano seconded the
motion.
Attorney Courson stated he had been asked to look up areas of detriment as
relates to the ethical code. There were a number of examples where
detriment was included, and if the Board is in agreement Attorney Courson
will come up with some model language for review at the next meeting.
Attorney Courson then read language from various state and county levels
(on file with Boards and Commissions) saying when the Board asked him
about this he thought they might be focusing on §20.02 E uses his official
position to secure a special benefit, privilege or exemption for himself or
others. But §20.02 B mentions disclosing information for their personal
gain or benefit which the Board might also be interested in revising.
Board of Ethics
Open Session
October 16, 2015
Page 2
SUBJECT
DISCUSSION
ACTION
Chair Perry asked if they would be in violation of any Sunshine Law if the
Attorney emailed the proposal individually to the Board Members as long
as they do not discuss it among themselves between now and the next
meeting. The Board was informed that both the Attorney and the Staff can
send communications to all members in accordance with a ruling from OIP.
Mr. Murashige said Attorney Courson seemed to focus on detriment to the
official, but in looking at the minutes he thought the Chair was looking at
causing detriment to someone else. Chair Perry thought some of the
narrative did cover that to which Attorney Courson said it was meant to,
and he would certainly make his proposal in line with detriment to others.
Chair Perry said given what Attorney Courson found and what he will
present to the Board for review it can then go to the Charter Review
Commission for their action. The CRC would like to have all proposed
amendments by the end of December, 2015.
Motion carried 7:0
Executive
Attorney Courson cited that the Board would go
Session
into Executive Session pursuant to the Hawaii
Revised Statutes for ES -018 and ES -019 as fully
described on the posted agenda.
Mr. de la Pena moved to go into Executive
Session at 1:08 p.m. Mr. Nagano seconded the
motion. Motion carried 7:0
Return to Open
The Board returned to Open Session at 2:07 p.m.
Session
Ratify Board of Ethics actions taken in Executive Session for items: ES -018
and ES -019
Ms. Tudela moved to ratify the Board's actions.
Mr. Nagano seconded the motion. Motion carried
7:0
Announcements
Next Meeting: Friday, November 13, 2015 — 1:00 p.m.
Adjournment
Chair Perry adjourned the meeting at 2:07 p.m.
Board of Ethics
Open Session
October 16, 2015
Submitted by:
Page 3
Barbara Davis, Staff Support Clerk
() Approved as circulated.
() Approved with amendments. See minutes of
Reviewed and Approved by:
meeting.
Warren C.R. Perry, Chair