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Home My WebLink About2015_1113_AgendaPacketWarren Perry Chair Maureen Tabura Vice -Chair Ryan de la Pena Secretary COUNTY OF KAUAI BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, November 13, 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 October 16, 2015 LZ11u ll►i[�7�ti 11 C17►T.� Members: Addison Bulosan Calvin Murashige Brad Nagano Mary Tudela BOE 2015 -23 Memo dated 10/9/15 from Councilmember Hooser to Council Chair Rapozo regarding possible conflict of interest and recusal relating to Bill No 2600 (Beneficial Tax Rate for Property Used for Long Term Affordable Rental) BOE 2015 -24 Memo dated 10/19/15 from Councilmember Yukimura to Council Chair Rapozo regarding possible conflict of interest C 2015 -266 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 119 Q01 0 013 8 0] WMAI 1i fi.Y�1:�'(�Til►1 [�7►1 RAO 15 -011 Request dated 10/9/15 from Councilmember Hooser as to whether there is a conflict to participate in Council proceedings and vote on Bill 2600 relating to beneficial tax rate for property used for long term affordable rental as a homeowner who might benefit from this tax saving if the Bill is amended and passed RAO 15 -012 Request from Public Works as to whether there is a conflict for John Harder, Solid Waste Division, to oversee the conceptual design contract for the proposed materials recovery facility for outside employment on a temporary /part time basis An Equal Opportunity Employer 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) DISCLOSURES a. Wallace Rezentes, Jr. (Board of Water) b. Roy Ho (Planning Commission) c. Gregory Gimenez (Deputy Prosecuting Attorney) d. Anne Kristin Clarkin (Deputy Prosecuting Attorney) 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 -020: Regular Executive Session Minutes of October 16, 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 -021: 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 Kaua'i 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 -020 and ES -021 ANNOUNCEMENTS Next Meeting: Friday, December 18, 2015 — 1:00 p.m., Mo`ikeha Building, Liquor Conference Room 2 1 P a Board of Ethics — November 13, 2015 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. 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 Lihu`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 i'a;�c Board of Ethics — November 13, 2015 Minutes of Meeting OPEN SESSION Board/Committee: I BOARD OF ETHICS Meeting Date I October 16, 2015 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. I 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 61 �� 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 L° position to secure a special benefit, privilege or exemption for himself or others. But §20.02 B mentions disclosing in ormation or their personal Board of Ethics Open Session October 16, 2015 I• .:- SUBJECT DISCUSSION ACTION gain or benefit which the Board might also be interested in revising. 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 Board of Ethics Open Session October 16, 2015 LM SUBJECT DISCUSSION ACTION 7:0 Announcements Next Meeting: Friday, November 13, 2015 — 1:00 p.m. Adjournment Chair Perry adjourned the meeting at 2:07 p.m. Submitted by: Barbara Davis, Staff Support Clerk () Approved as circulated. O 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 Lzhu`e, Kauai, Hawaii 96766 II/15i1%��: October 9, 2015 TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: Gary L. Hooser, Councilmember OFFICE OF THE COUNTY CLERK Jade K. Fountain - Tanigawa, County Clerk Scott K. Sato, Deputy County Clerk 1'elephone (808) 241 -4188 Fax (808) 241 -6349 Email cokcouncil@kauai.gov la f A, OCT i 52015 RE: POSSIBLE CONFLICT OF INTEREST AND RECUSAL RELATING TO BILL NO. 2600 (BENEFICIAL TAX RATE FOR PROPERTY USED FOR LONG TERM AFFORDABLE RENTAL) 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 Bill No. 2600, relating to the beneficial tax rate for property used for long term affordable rental, due to my previous enrollment in the County's Long Term Affordable Rental Tax Limit Program. Although my property is not currently enrolled in the program or receiving any benefit, I was previously receiving the beneficial tax rate and could potentially benefit should the Bill pass. 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. YS:lc cc: October 21, 2015 Council Meeting Agenda County of Kauai Board of Ethics � Council Services Staff goo aol.5• A3 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 Llbu`e, Kauai, Hawaii 96766 u�� October 19, 2015 TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: JoAnn A. Yukimura, Councilmemb OFFICE OF THE COUNTY CLERK Jade K. Fountain- Tanigawa, County Clerk Scott K. Sato, Deputy County Clerk < Telephone (808) 2414188 Fax (808) 241 -6349 Email cokcouncil@kauai.gov OCT 22ME RE: POSSIBLE CONFLICT OF INTER19SW C 2015 -266 - 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 a possible conflict of interest relating to Agenda item C 2015 -266, a 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, in Lzhu`e. The possible 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 -266. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. CNT:aa cc: November 4, 2015 Council Meeting Agenda County of Kauai Board of Ethics; Council Services Staff B0E aaI5 -4Q L 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 Divisiod 4396 Rice Street, Suite 209 Lthu`e, Kauai, Hawaii 96766 October 9, 2015 Warren Perry, Chairperson Board of Ethics c/o Office of Boards & Commissions 4444 Rice Street, Suite 150 Uihu`e, Hawaii 96766 Dear Chair Perry and Members of the Board of Ethics: OFFICE OF THE COUNTY CLERK Jade K. Fountain- Tanigawa, County Clerk Scott K. Sato, Deputy County Clerk Telephone (808) 2414188 Fax (808) 241 -6349 Email cokcouncil @kauai.gov ! d OCT 15 2015 C � _ "OAF IL ,x �C' I am writing to request that the Board of Ethics provide me with an advisory opinion regarding my participation in County Council proceedings and voting on Bill No. 2600, relating to the beneficial tax rate for property used for long term affordable rental. My wife and I own and rent a two bedroom house that has been enrolled in this program and benefitted from tax savings in the past, but is not currently enrolled nor receiving any benefit. If the Bill were amended and passed to extend the application date for owners to apply for the program to receive the beneficial tax rate, we could possibly benefit through tax savings should we choose to enroll in the program. We also rent out a room /studio in our home that does not presently qualify for any tax benefit, but could qualify if this same Bill is modified to allow rooms within homes to qualify in addition to separate dwellings, which are presently allowed. Thank you for your consideration and assistance in this matter. Should you need additional information, you may contact me at my Council Office at 241 -4188. You may also send any correspondence to me at the Office of the County Clerk, Council Service Division, whose address is listed above. YS:lc Thank you for your attention to this matter. AN EQUAL OPPORTUNITY EMPLOYER .1 ,P,Aa 15 -6 ii DEPARTMENT OF PERSONNEL SERVICES COUNTY OF KAUA'I OUTSIDE EMPLOYMENT REQUEST 1. Employee Name: 2. Employing Department: 3. Immediate Supervisor's Name: 4, Job Title: 5. ()Pi 1 tom. 'w L T 2 8 2015 zw Job Duties and Responsibilities: t"'X Acw-�J=C= —f'Lsr �nwiPTT s� �C� J.Y't7t C2 iF1� 6. Outside Employment Information: A. Company Name: B. Type of Business: C. Business Address: D. Business Phone: E. Job Title: F. Job Duties and Responsibilities: 45E�(S f IMACIAEO G. Work Hours: i5lA V�tk E; &6, Nlgi�Q!iQ EMPLOYING DEPARTMENT ACTION: W= Signature of Department Head /Representative: Vo�Refer to Board of Ethics Date: /Q 076 05� DEPARTMENT OF PERSONNEL SERVICES COUNTY OF KAUA'1 NOTICE TO ALL EMPLOYEES OUTSIDE EMPLOYMENT Any violation of the ethical standards in Section 20.02 of the Kauai County Charter, any conflict of interest as described in Section 3 -1.7 of the Kauai County Code, or any failure to make full disclosure as required by Section 20.04 of the Kauai County Charter shall constitute cause for fine, suspension or removal from office or employment, I, (Print Name) hereby acknowledge that I have read and understand the contents of this NOTICE TO EMPLOYEES concerning disclosure and consequences of not disclosing OUTSIDE EMPLOYMENT, C) L2� ignature of Employee 1� Af �ZD ate Outside Employment Request Attachment I am proposing to provide on- island coordination for the consultant selected to conduct the proposed Waste Composition Study for the County, including: contacts and scheduling with the landfill and trash haulers, coordination of the on- island work force, data recovery for existing diversion efforts, etc. I have currently contacted the following firms who have indicated interest in the project and offered my services. Cascadia Consulting Group — Seattle WA HDR — Honolulu HI CalRecovery —Concord CA MSW Consultants — Orlando FL GRS Analysis — Rochester MN Burns & McDonnell — Portland OR 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 Parachmi Patrick Stack Cheryl Stiglmeier CHARTER REVIEW COMMISSION TO: See Attached Distribution List Cc: Bernard P. Carvalho, Jr., Mayor Nadine K. Nakamura, Managing Director FROM: Jan TenBruggencate, Chair Via: Jay Furfaro, Administrator DATE: 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. The next Charter Review Commission meeting is scheduled for Monday, September 28, 2015, at 4:00 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. OB 01E a0[6 4444 Rice Street, Suite 150 • Lihu`e, Hawai °i 96766 • (808) 241 4917 • Fax (808) 241 -5127