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HomeMy WebLinkAbout2016_0415_AgendaPacketRyan de la Pena Chair Mary Tudela Vice -Chair Maureen Tabura Secretary COUNTY OF KAUAI BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, April 15, 2016 1:00 p.m. or shortly thereafter Mo`ikeha Building, Liquor Conference Room 3 4444 Rice Street, Lihu'e, HI 96766 Oath of Office for new Board Member Michael Curtis CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of March 18, 2016 Members: Michael Curtis Calvin Murashige Brad Nagano COMMUNICATIONS BOE 2016 -02 Possible Conflict of Interest and Recusal dated 3 10 16 from KipuKai Kualii related to Resolution No. 2016 -30, Kauai County 2016 Action Plan (Community Development Block Grant) BOE 2016 -03 Possible Conflict of Interest dated 3,1616 16 from KipuKai Kualii relating to Bill No. 2625, the Mayor's Proposed Operating Budget for Fiscal Year 2016 -07 — Appropriations for the YWCA BOE 2016 -04 Possible Conflict of Interest dated 3,16 16 from Arryl Kaneshiro relating to Bill No. 2625, the Mayor's Proposed Operating Budget for Fiscal Year 2016 -2017, Appropriations for Grove Farm Company, Inc. in the Fiscal Year 2016 -2017 Mayor's operating Budget Submittal BOE 2016 -05 Possible Conflict of Interest dated 3' 16'16 from Arryl Kaneshiro relating to Bill No. 2625, the Mayor's Proposed Operating Budget for Fiscal Year 2016 -2017 and the Appropriations for the East Kauai Soil & Water Conservation District BOE 2016 -06 Possible Conflict of Interest dated 3/16/16 from Mason Chock relating to Bill No. 2625, the Mayor's Proposed Operating Budget for FY 2016 -2017, Appropriations for Leadership Kauai An Equal Opportunity Employer BOE 2016 -07 Possible Conflict of Interest dated 3/17/16 from JoAnn Yukimura relating to Bill No. 2625, Mayor's Proposed Operating Budget for Fiscal Year 2016 -2017 and Appropriation for the Boys and Girls Club BOE 2016 -08 Possible Conflict of Interest dated 3/17/16 from Arryl Kaneshiro relating to Bill No. 2625, the Mayor's Proposed Operating Budget for Fiscal Year 2016 -2017 and the Appropriations for the Kauai Economic Development Board (KEDB) Food &Agriculture Program REQUEST FOR AN ADVISORY OPINION RAO 16 -003 Request from Mason K. Chock, Councilmember, as to whether there is a DISCLOSURES conflict for him as president of Kupu`ae, dba Kauai Team Challenge, to provide leadership training to managers and supervisors for the County of Kaua`i's Department of Human Resources under the County's Procurement Process 1. Catherine A. Adams (Police Commission) 2. William Floyd Gibson (Liquor Control Commission) 3. Matthew Aaron Bernabe (Candidate for County Council) 4. Michael Gerald Perel (Charter Review Commission) 5. Norma Doctor Sparks (Candidate for County Council) 6. Heather Kanoe Ahuna (Planning Commission) 7. Lawrence John Dill (Board of Water Supply) 8. Kanani B. Fu (Housing Director) ANNOUNCEMENTS Next Meeting: Friday, May 20, 2016 - 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 2 1 P a g e Board of Ethics — April 15, 2016 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 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. 3 Board of Ethics — April 15, 2016 COUNTY OF KAUAI Minutes of Meeting OPEN SESSION R R'���rgroue�l Board /Committee: I BOARD OF ETHICS Meeting Date March 18, 2016 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. End of Meeting: 1:39 p.m. Present Chair Ryan de la Pena; Vice Chair Mary Tudela. Members: Calvin Murashige; Brad Nagano: Warren Perry Staff: Deputy County Attorney Nicholas Courson; Boards & Commissions Office: Support Clerk Barbara Davis; Administrator Jay Furfaro; Deputy Director of Finance Sally Motta Excused Member: Maureen Tabura Absent SUBJECT DISCUSSION ACTION Call To Order Chair de la Pena called the meeting to order at 1:00 p.m. with 5 members present. Approval of Regular Open Session Minutes of February 19, 2016 Mr. Perry moved to approve the minutes as Minutes circulated. Mr. Murashige seconded the motion. Motion carried 5:0 Request for an RAO 16 -002 Request from Sally Motta, Deputy Director of Finance, requesting an opinion as to whether there is a conflict to provide a Advisory testimonial on behalf of Atlas Insurance Brokers, the contracted insurance Opinion broker for the County of Kauai Ms. Motta said the County of Kauai has to have insurance for automobiles and different items. In order to get the best service we go through a broker sand in this particular case the company is Atlas Insurance Agency. We have been using them for a long time. They used to be under a different name and when Bill Sandkuhler, who is our actual broker that we work with in that company, moved from Gallagher Insurance to Atlas we went with him. We have a contract called a Service Agreement for Insurance Broker Services and we are continuing and just executed this contract in October of last year. We have a long standing relationship with them and as I put in my letter I have been asked to personally execute a document talking about the Board of Ethics Open Session March 18, 2016 Page 2 SUBJECT DISCUSSION ACTION service we have been getting from them for years. What is in the actual testimonial statement is all very correct and has been approved as to the content, but the question was raised as to whether or not if we execute this it would be in violation of Section 20.02 and that is the reason for coming here. Mr. Nagano asked how it got to Atlas Insurance because way back the initial contract was awarded to Aeon and then transferred to Gallagher and then transferred to Atlas without any RFQs or RFPs put out. Ms. Motta said they do not have to go out on bid on a RFP when they are working with a service agreement for insurance. That is per HRS (Hawai`i Revised Statutes). Mr. Perry stated that Ms. Motta would be testifying on behalf of Atlas Insurance. Ms. Motta said it was based on a phone conversation she received from an agency that they are working with to prepare it because they are in the process of possibly going to another State agency to use this to show they have worked with us and that we are very happy with the service that they have provided. Mr. Perry asked if the testimony would be given in front of the County Council. Ms. Motta said no, it was a phone conversation. Chair de la Pena asked if it would be attached to the RFP. Ms. Motta said they are calling it a testimonial excerpt. She called me, she wrote it out and sent it to me in an email and asked if we could put it on our letterhead and if I would be able to sign on behalf of the County of Kauai. Mr. Perry asked where it would be submitted. Ms. Motta said it would go to the company that is putting together the RFP that they are working on with another agency. Asked if this was another county agency or a state agency outside of Kauai County Ms. Motta said Kauai already has them so it is for another agency. Mr. Perry said in her capacity of the Deputy Finance Director she has experience with Atlas and Atlas said based on your experience with us would you feel comfortable writing to whomever saying Board of Ethics Open Session March 18, 2016 Page 3 SUBJECT DISCUSSION ACTION that Atlas is a good guy based on your experience. Mr. Perry asked if the letter was going to be sent to any county board, commission or agency. Ms. Motta said the letter would be given to (the requester) to include with the RFP. Ms. Tudela asked if she had ever done anything like this before in her capacity. Ms. Motta said she has not been asked to so the answer is no. Ms. Tudela asked if she was aware that the County has done this in any way to which Ms. Motta said she could not answer that as she did not know. There were no further questions for Ms. Motta so she exited the meeting. Mr. Nagano asked if Section 20.02 D would apply here. Attorney Courson said you could not say with absolute certainty because Ms. Motta did not disclose who, but he would highly doubt it because Atlas covers the County so any board, commission or agency is already represented by Atlas. Mr. Perry said he asked if it was going to be submitted to any County board, commission or agency and Ms. Motta had said no. Mr. Murashige said it bothers him with why should the County get involved with a private company especially in a letter. Nothing prevents this other agency from picking up the phone and calling Kauai and asking questions. When we say they can send a letter endorsing the work this company has done it bothers him even if it is a different State agency. Reading 20.02 does not fall as a prohibition but it does bother him. Mr. Nagano added that this letter can be used for any purpose not just for another State agency. Mr. Perry said that would be his response to Mr. Murashige — what Section. At first he thought it was going to be appear in behalf of a private interest and asked if Atlas was a private interest. Submitting something is an appearance on behalf of but Mr. Perry could not see a violation of the Code. Ms. Tudela agreed with everything she has heard and it is not uncommon Board of Ethics Open Session March 18, 2016 Page 4 SUBJECT DISCUSSION ACTION for this to happen, but the question is does the County want to have — essentially it is an endorsement — so does the County want to endorse an outside insurance company, so there is potential with 20.01 E in the future, but we can't be predictive. If she gives this lovely letter and there is a possibility she will get some kind of benefit, but we don't know that is the case but it sets us up for potential issues later. It really is a decision on whether the County wants to endorse; it would set a precedence. Ms. Tudela did not think there was anything in the Code that says Ms. Motta should not do it. There is potential to accrue a benefit but that is speculative. Mr. Nagano thought Ms. Motta saw this as a one -time thing but the letter is all inclusive and they can use this for any purpose. Chair de la Pena said it can even be used when there is a re- compete for their contract with the County. Ms. Tudela said if she were Ms. Motta's boss she would say no way and added she did not think it was in the best interest of the County to be endorsing an insurance company regardless of how wonderful they are to us. It is not in the best interest for us to endorse anyone; we should be neutral on all these matters. Ms. Tudela said she did not see anything in the Code from which she could make a motion. Attorney Courson said 20.05 D (2) says if the Board does not render an Advisory Opinion within 45 days there will be a finding of no breach of the code and suggested that if the Board does nothing that is what will result. Mr. Perry reminded the Board when they were sworn in their job on the Board of Ethics was to receive questions, receive Advisory Opinions and act on it. Ms. Tudela asked whose responsibility is it in County governance to decide whether or not we endorse something. She said she is about to motion that the Board is not going to look at it but defer it somewhere else. Mr. Furfaro said the Mayor is the Chief Executive Officer of the corporation called the County of Kauai and what programs are done usually come from Board of Ethics Open Session March 18, 2016 Page 5 SUBJECT I DISCUSSION I ACTION the Administration. If no action is taken it passes and what Mr. Perry said is probably the right approach. This is an agency we do business with that is asking for the endorsement so the question is a little bit backwards. Ms. Tudela said she understands but her own executive experience says if she is the CEO she does not want her brand in an endorsement for another brand that she cannot control what they are going to do. It could embarrass us and personally she does not think this is a good thing to do. But the question she was asked was does it violate the Code and she does not think it violates the Code. Mr. Furfaro wanted to make sure Ms. Tudela understood his response as the Administrator of Boards and Commissions he is not trying to influence any outcome but to follow procedure. In the future there should be a motion and a second to have the discussion from which they could have taken a vote. Attorney Courson said they were not necessarily out of order but that it is a best practice that Council does and it does result in having something to vote on. If the Board prefers to do it this way he cannot point at a rule that says they can't do it this way. Mr. Furfaro asked to clarify what he said for the Attorney and his time on the process here. The best practices are to have discussion knowing there is a motion on the floor. It was noted that is Robert's Rules. Attorney Courson said he has recommended that before too but sometimes the Board, not knowing which way they want the motion, has wanted to discuss it and we have deferred to that. So while he would agree with Jay that it is the best practice because they can always vote the motion down he thought it was within the Board's purview to decide how to do that. Ms. Tudela moved that the Board find that there is no conflict with the Code and further suggest this be communicated to another body, perhaps even the Mayor, where a decision needs to be Board of Ethics Open Session March 18, 2016 Page 6 SUBJECT DISCUSSION ACTION endorse and perhaps even start with Ms. Motta's supervisor who should probably be the Director of the Department of Finance. Mr. Perry seconded the motion relative to there being no conflict. Ms. Tudela stated that she had moved what she was uncomfortable with and wanted to clarify that (the question of endorsement) should go to the Director of Finance and not the Mayor. Attorney Courson said he remembers two times when companies wanted permission to use our "seal" and he looked for who had the authority to decide who can use our "seal" or not. Attorney Courson could not find any rule so he has made the same recommendation and it would behoove us as a County for the Council and the Mayor to get together and decide how we have the authority — because that is a form of endorsement — but as far as he knows that discussion has not happened. Kicking this up to the Director of Finance to make sure everyone is cool with this seems a prudent course. Mr. Murashige asked if that could be included in the letter that the Chair signs — the fact that some of the Board members have reservations about endorsements but as far as 20.02 there is no violation. Based on Mr. Murashige's explanation, Mr. Perry seconded the entire motion. Attorney Courson said it would say something along the lines of the Board after full discussion does not see a conflict in 20.02 E however as a matter of prudence the Board would recommend clearing this decision with the Director of Finance. Ms. Tudela felt this might be fraught with potential challenges in the future. Asked if they wanted those concerns articulated in the letter, noting they would be in the minutes. Ms. Tudela said she was happy to have it in the letter; it is not this Board's responsibility to make decisions about what the County endorses or doesn't. Attorney Courson Board of Ethics Open Session March 18, 2016 Page 7 SUBJECT DISCUSSION ACTION said the wisdom of the policy is not something the Board wants to get involved in but is limiting its opinion to the fact that it is not a technical violation, but we recommend talking to the Director to make sure he is on board. Mr. Perry said it is not a violation period — not technical. Motion carried 5:0 Business BOE 2016 -01 Election of Secretary for remainder of calendar year 2016 Mr. Nagano moved to nominate Ms. Tabura with Mr. Murashige seconding the nomination. Mr. Perry moved to close the nominations. Ms. Tudela seconded the motion. Motion carried 5:0 Disclosures 1. Deatri Alexis Nakea (Historic Preservation Commission) 2. Glenda Nogami- Streufert (Planning Commission) 3. Michael Carlton Curtis (Board of Ethics) 4. Fely L. Faulkner (Civil Service Commission) 5. Tyler Rand Radighiero (Cost Control Commission) 6. Lisa Ruth Arin (Candidate for Prosecuting Attorney) 7. Laurie LK Yoshida (Cost Control Commission) 8. Ted K. Blake (Open Space Public Access Commission) 9. Althea K. Arinaga (Historic Preservation Commission) Mr. Perry moved that disclosures 1 through 6 and 8 through 9 be received and deemed as complete. Mr. Murashige seconded the motion. Mr. Perry said Ms. Yoshida noted that primary residence information is no longer needed and he wants to request the basis for her dictating to the Board what is no longer required. Motion carried 5:0 ES -003: Regular Executive Session Minutes of February 19, 2016 With no q uestions, changes or discussion it was determined there was not a Board of Ethics Open Session March 18, 2016 Page 8 SUBJECT DISCUSSION ACTION need to convene in Executive Session. Mr. Nagano moved to approve the minutes as circulated. Mr. Murashige seconded the motion. Motion carried 5:0 Announcements Next Meeting: Friday, April 15, 2016 — 1:00 p.m. Mr. Furfaro recognized Warren Perry for his two terms on the Board and thanked him on behalf of the Mayor for his service. Adjournment e� Chair de la Pena adjourned the meeting at 1:39 p.m. Submitted by: Barbara Davis, Staff Support Clerk Reviewed and Approved by: () Approved as circulated. () Approved with amendments. See minutes of meeting. Ryan de la Pena, 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 Llhu`e, Kauai, Hawaii 96766 MEMORANDUM March 10, 2016 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 i` MAR 14 2016 TO: Mel Rapozo, Council Chair -` - And Members of the Kauai County Council S FROM: KipuKai Kuah'i, Councilmember�,�l, � � 1 RE: POSSIBLE CONFLICT OF INTEREST AND RECUSAL RELATED TO RESOLUTION NO. 2016 -30, KAUAI COUNTY 2016 ACTION PLAN (COMMUNITY DEVELOPMENT BLOCK GRANT) 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 Resolution No. 2016 -30, Kauai County 2016 Action Plan (Community Development Block Grant), specifically item f. Economic Development by Workforce Development (Hawaiian Community Development Corporation), because I serve as President of the Homestead Community Development Corporation, and item g. Photovoltaic System & Air Conditioning Units for Family Violence Shelter (YWCA of Kaua`i), 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. AMK:mn cc: March 23, 2016 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff Soy- aoiG -z. 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 Libu`e, Kauai, Hawaii 96766 MEMORANDUM March 16, 2016 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 Ir I, MAR 18 2016 - I TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: KipuKai Kuah'i, Councilmember �4;4�9 .4.�- RE: POSSIBLE CONFLICT OF INTEREST RELATING TO BILL NO. 2625, THE MAYOR'S PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2016 -2017 — APPROPRIATIONS FOR THE YWCA 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 Mayor's Proposed Operating Budget for Fiscal Year 2016 -2017 YWCA (Office of Economic Development — Grant -In -Aid), as I am the Director of Operations for this organization. In light of the above, I will recuse myself from the aforementioned items during the Fiscal Year 2016 -2017 Departmental Budget Reviews, Budget Call- Backs, and Decision - Making, related to this item, and any subsequent meeting thereafter related to this item. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. JA:cy cc: April 6, 2016 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff Fiscal Year 2016 -2017 Budget File DoE ao/6 -83 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 Lihu`e, Kauai, Hawaii 96766 MEMORANDUM 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 March 16, 2016 18 2o, rl TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: Arryl Kaneshiro, Councilmember RE: POSSIBLE CONFLICT OF INTEREST RELATING TO BILL NO. 2625, THE MAYOR'S PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2016 -2017, APPROPRIATIONS FOR GROVE FARM COMPANY, INC. IN THE FISCAL YEAR 2016 -2017 MAYOR'S OPERATING BUDGET SUBMITTAL 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 Grove Farm (Puhi Metals Recycling) Liabilities appropriation in the Department of Finance — Administration and 800 MHZ Radio Site Lease: Grove Farm appropriation in the Civil Defense Agency, as reflected in Bill No. 2625, the Mayor's Proposed Operating Budget For Fiscal Year 2016 -2017, as I am a Project Specialist employed by Grove Farm Company, Inc. In light of the above, I will recuse myself from the aforementioned items during the Fiscal Year 2016 -2017 Departmental Budget Reviews, Budget Call- Backs, and Decision - Making, related to this item, and any subsequent meeting thereafter related to this item. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. JA:lc cc: April 6, 2016 Council Meeting Agenda County of Kauai Board of Ethics Q Council Services Staff Fiscal Year 2016 -2017 Budget File AN EQUAL OPPORTUNITY EMPLOYER COUNTY COUNCIL Mel Rapozo, Chair Ross Kagawa, Vice Chair Mason K. Chock Gary L. Hooser Aryl Kaneshiro KipuKai Kuali`i JoAnn A. Yukimura Council Services Division 4396 Rice Street, Suite 209 Llhu`e, Kauai, Hawaii 96766 MEMORANDUM March 16, 2016 TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: Arryl Kaneshiro, Councilmember Ay— 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 MAR 18 2016 - - -- •� -- ,��,.�.. •; III RE: POSSIBLE CONFLICT OF INTEREST RELATING TO BILL NO. 2625, THE MAYOR'S PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2016 -2017 AND THE APPROPRIATIONS FOR THE EAST KAUAI SOIL & WATER CONSERVATION DISTRICT 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 Kaua'i, I hereby provide written disclosure on the record of a possible conflict of interest relating to Bill No. 2625, the Mayor's Proposed Operating Budget for Fiscal Year 2016 -2017 specifically, the East Kauai Water appropriation in the Office of Economic Development – Grant -In -Aid, and Kauai Soil Conservation appropriation in the Department of Public Works – Grant -In -Aid, as I am a Director for the East Kauai Soil & Water Conservation District. In light of the above, I will recuse myself from the aforementioned item during the Fiscal Year 2016 -2017 Departmental Budget Reviews, Budget Call- Backs, and Decision - Making, related to this item, and any subsequent meeting thereafter related to this item. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. JA:cy cc: April 6, 2016 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff Fiscal Year 2016 -2017 Budget File 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 March 16, 2016 TO: Mel Rapozo, Council Chair and Members of the Kauai County Council 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 Ir MAR 18 2016 FROM: Mason K. Chock, Councilmember RE: POSSIBLE CONFLICT OF INTEREST RELATING TO BILL NO. 2625, THE MAYOR'S PROPOSED OPERATING BUDGET FOR FY 2016 -2017 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 as it relates to Bill No. 2625, the Mayor's Proposed Operating Budget for the Fiscal Year 2016 -2017, specifically the appropriation for Leadership Kauai (Office of the Mayor), as I am a volunteer and facilitator for the annual Leadership Kauai adult class. Additionally, Leadership Kauai and my company, Kupu a`e Leadership Development, are partners in leadership initiatives on Kauai. In light of the above, I will recuse myself from the aforementioned item during the Fiscal Year 2016 -2017 Departmental Budget Reviews, Budget Call- Backs, and Decision - Making, related to this item, and any subsequent meeting thereafter related to this item. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. JA:mn cc: April 6, 2016 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff Fiscal Year 2016 -2017 Budget File 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 March 17, 2016 TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: JoAnn A. Yukimura, 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 RE: POSSIBLE CONFLICT OF INTEREST RELATING TO BILL NO. 2625, MAYOR'S PROPOSED OPERATING BUDGET FISCAL YEAR 2016 -2017 AND THE APPROPRIATION FOR THE BOYS & GIRLS CLUB 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. 2625, the Mayor's Proposed Operating Budget for Fiscal Year 2016 -2017, and the appropriation to the Boys & Girls Club (Department of Parks & Recreation — Kaua`i War Memorial Convention Hall), 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 the aforementioned item during the Fiscal Year 2016 -2017 Departmental Budget Reviews, Budget Call- Backs, and Decision - Making, related to this item, and any subsequent meeting thereafter related to this item. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. JA:mn cc: April 6, 2016 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff 1 Fiscal Year 2016 -2017 Budget File D a 6) ` 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 March 17, 2016 TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: Arryl Kaneshiro, Councilmember NK 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 RE: POSSIBLE CONFLICT OF INTEREST RELATING TO BILL NO. 2625, THE MAYOR'S PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2016 -2017 AND THE APPROPRIATIONS FOR THE KAUAI ECONOMIC DEVELOPMENT BOARD (KEDB) — FOOD & AGRICULTURE PROGRAM 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. 2625, the Mayor's Proposed Operating Budget for Fiscal Year 2016 -2017 specifically the appropriation to the Kauai Economic Development Board (KEDB) — Food & Agriculture Program (Office of Economic Development — Grant -In -Aid), as I am a committee member on the KEDB Food & Agriculture Committee. In light of the above, I will recuse myself from the aforementioned item during the Fiscal Year 2016 -2017 Departmental Budget Reviews, Budget Call- Backs, and Decision - Making, related to this item, and any subsequent meeting thereafter related to this item. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. JA:mn cc: April 6, 2016 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff b Fiscal Year 2016 -2017 Budget File 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 Llihu`e, Kauai, Hawaii 96766 March 28, 2016 Ryan de la Pena, Chairperson Board of Ethics c/o Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu`e, Hawaii 96766 Dear Chair de la Pena 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 ' r �u 1312016 BOAFi:',� lox I am the president of Kupu`ae, dba Kauai Team Challenge. Kupu`ae was selected by the County of Kauai's Department of Human Resources to provide leadership training to managers and supervisors. I am enclosing a copy of the procurement for your review. I hereby request that the Board of Ethics provide me with an advisory opinion regarding whether my participation in the Council's deliberation and decision - making on the County's budget as it relates to the Department of Human Resources would violate any ethical provision contained in either the Kauai County Charter or the Kauai County Code. If you need additional information, you may contact my direct line at (808) 241 -4095 or the Office of the County Clerk, Council Services Division at (808) 241 -4188. You may send any correspondence to me at the Office of the County Clerk, Council Services Division in the address as shown on the letterhead. Thank you for your prompt attention to this matter. PM:cy Enclosure Sincerely, .00 MASON K. CHOCK Councilmember, Kauai County Council RAO /6 -OD3 AN EQUAL OPPORTUNITY EMPLOYER Peter Morimoto From: Ernest Barreira Sent: Tuesday, March 15, 2016 4:24 PM To: Peter Morimoto Cc: Mauna Kea Trask; Nicholas Courson; Jade Tanigawa Subject: RE: competitive bids Hi Peter. I have reviewed the sections you've noted and still believe that a small purchase is determined to be a competitive process since multi - bidders must be solicited to offer a price quote. Please note the following excerpt: §103D -305 Small purchases; prohibition against parceling. (a) Procurements of less than $100,000 for goods or services, or $250,000 for construction shall be made in accordance with procedures set forth in rules adopted by the policy board that are designed to ensure administrative simplicity and as much competition as is practicable; There are only two types of procurement that would be considered non- competitive: exemptions under HRS chapter 103D -102 and sole source procurements pursuant to HRS chapter 103D -306. Hope this helps. Thanks. Ernest "Ernie" W. Barreira, M.S. Assistant Chief Procurement Officer /Budget Chief Division of Purchasing Department of Finance Ph. (808)241 -4295 Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and /or privileged information. Any review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. Bernard P. Carvalho, Jr. Mayor Nadine K Nakamura Managing Director February 10, 2016 To: Kupu a'e DEPARTMENT OF HUMAN RESOURCES County of Kauai, State of Hawaii 4444 Rice Street, Suite 140, Lihu`e, Hativai'i 96766 TEL(808)241-4956 FAX(808)241-6593 Janine M.Z. Rapozo Director of Human Resources We are requesting a quote for the items) /service(s) listed in Question #1 below. Please complete questions #1 -3 below and return this form by February 19, 2016. 1. Please provide the cost for the items) /service(s) listed below: ITEM / SERVICE UNIT PRICE MyEverythingDiSC Training* $ 21-9-09-00 per training session' If there is tax, please provide tax percentage. ❑ No I Yes 4.16 0,0 (Not to exceed 4.16 0a) * Reouirements: Two (2) six -hour training sessions with 40 participants for each session. Includes Everything DiSC Work of Leaders profile assessment for 80 participants and facilitation fee which includes preparation, printing, facilitation materials, unlimited comparison reports, and access to internet -based model of myeverythingdisc.com. Training sessions will be held at the County of Kaua'i facilities (no facility fees). 2. Does your company accept Purchase Orders? ❑ No )( Yes $ (If yes, indicate amount of surcharge, if any) 3. Does your company accept P -Cards (credit cards)? D No Yes $� A97. 7. D t0+41 (If yes, .indicate amount of surcharge, if any) COMPLETED BY: ANEQUAL OPPORTUNITY EMPLOYER COUNTY OF KAUAI SMALL PURCHASE WRITTEN QUOTATIONS Date: February 10, 2016 Offeror's Name: KWu a'e Phone/Fax No (808) 345 -7941 Address: 121 Lihau St City /State/Zip Code IKapaa, HI 96746 Vendor Representative: Shyla Avau PROVIDE A QUOTATION for the following good/service/construction ( 0 see attached specifications): Telephone Bid: Note: ®Complete questionnaire attached. Description: Award shall be MOST ADVANTAGEOUS including price, all taxes, charges, freight, etc. by ❑ unit price per item, ® Total Sum Bid, ❑ Total Sum Bid by Group Deliver all items Win _ days to: N/A QUOTES ACCEPTED BY(Omail, ®fax ®email this quotation by 2/19/2016.11:59 nm HST to the following): Dept/Agency: HR , Address: 4444 Rice Ste 140 City /State/Zip Code: Lihue, HI 96766 Contact Person: Debbie Ponce Phone/Fax No. (808) 24111923 ; (808) 241 -6593 VENDOR TO COMPLETE THE SECTION BELOW Item No. Description of item(s) QTY UNIT PRICE TOTAL PRICE 1. Ev twn4 Disc !AorK 6 Le4ders As TO 4 90.00 4}000.00 2• FAc M4 on Free 2 $900-0.0 1 Soo - 00 3. SUB -TOTAL from additional page Additional information or terms (i.e. delivery time, warranty period, etc.): TOTAL SUM BID ❑Includes additional items) Quote No. _� Price( hall remain firm for � 0 days. n Vendor Representative: L �0 Si afore ate Title: CA M S�A'p If award is greater than $2,500, HCE compliant? ® Yes, ❑ No SPO FORM - 10A(2/13/ 12) Page 1 (4 t A (I A w, 11 Print Nam (gM�� =t��l _ Phone Number &VATrA: fi7RILUVAIW4 • i Fax Number Date V� o r Please fax the completed quote request to (808) 241 -6593 Attn: Debbie, or e-mail to dp nce gMi.gov. If you have any questions, please feel free to call me at 241 -4923. Thank You, Debbie Ponce HR Specialist U ANEQUAL OPPORTUNITYEMPLOYER A reD. Y, 1U 0 !V :J /HY Bernard P. Carvalho, Jr. Mayor Nadine K. Nakamurs Managing Director February 10, 2016 To: Think, LLC DEPARTMENT OF HUMAN RESOURCES County of Kauai, State of Hawaii 4444 Rice Sheet, Suite 140, Mire, Hawei'i 96766 TEL(808)241-4956 FAX(808)241-6593 Janine M.Z. Rapozo Director of Hmnan Rmatuce: We are requesting a quote for the item(s) /service(s) listed in Question #1 below. Please complete questions #1 -3 below and return this form by February 19, 2016. 1. Please provide the cost for the item(s) /service(s) listed below: ITEMIULUgE UNIT PRICE MyEverythingDiSC Training* $_ 0 T� N �-3 0er training session* If there is tax, please provide tax percentage: ❑ No p" Yes ►. % (Not to exceed 4.16%) * Requirements Two (2) six-hour training sessions with 40 participants for each session, Includes Everything DiSC Work of Leaders profile assessment for 80 participants and facilitation fee which includes preparation, printing, facilitation materials, unlimited comparison reports, and access to internet -based model of myeverythingdi9c.com. Training sessions will be held at the County of Kaua'i facilities (no facility fees), 2. Does your company accept Purchase Orders? ❑ No ,n"Yes $ lt� (If yes, indicate amount of surcharge, if arty) 3. Does your company accept P -Cards (credit cards)? ❑ No )e Yes $ (If yes, indicate amount of surcharge, if any) AN EQUAL 0PP0R371NI17EMPZ0YER 1•e0. 9. LU.0 1V:j /HV Itn. I!yi r, 9 THINK, LLC 500 Ale Moana Boulevard Water Front Plena, Building 7, Suite 400 Honolulu, HI 96813 (608)224 -8694 samhUlhink tr'aining.com hapl wwwattfnk training.com Estimate 1164 ADDRESS 811113 TO Debbie Ponce Debbie Ponce County of Kauai County of Kauai DATE 4444 Pico Street, Suite 140 4444 Rice Street, Suite 140 02/19/2016 Uhue, HI 96766 Lihue, HI 96766 SALES REP Sarah ACTIVITY QTY RATE AMOUNT Training Senrloes: Facilitation of 5 hour Everything DISC Work of Leaders 2 3,750.OD 7,500.00T Workshop Everything DISC Work of Leaders Profile 80 88.75 7,90D.00T Discount: 30A Discount on each Everything DiSC Profile 80 •2.95 - 296.80 EPIC Credits Sub Account One time Set-up Fee W -801 1 150.00 160.007 Discount: 50% off of EPIC Sub Account 1 -80.00 -80.00 MyEverythingDiso.com accounts for all participants 80 0.00 O.00T EPIC Account Tutorial and Ongoing Phona Support 1 0.00 O.00T Training Materials: Includes printed handouts, Everything DiSC Interaction 80 15.00 1,200.00T Guide, Everything DiSC Style Guide per person Unlimited access to creating Everything DISC Comparison Reports 1 0.00 O.00T Everything DISC Facilitator Report 2 98.75 197.50T This estimate is inclusive of travel expenses 77haakyoulorrequesdng th/s estimate. We would be honom d b serve SUBTOTAL 16,640.70 JVU. TAX (4.16'x) 70-5.43 TOTAL $17,346.13 THANK YOU Accepted By Accepted Date Bernard P. Carvalho, Jr. Mayor Nadine K. Nakamura Maaagit 2 Dheabr February 10, 2016 DEPARTMENT OF HUMAN RESOURCES County of Kana -i, State of Hawaii 4444 Rim Sheet, suhe 140, Lmu'e, Hawaii 96766 TEL (808) 241-4956 PAX (808) 241 -6593 To: Kauai Community College Janine KL Rapozo Dhumr of Hansa Rmareea We are requesting a quote for the items) /service(s) listed in Question #1 below. Please complete questions #1 -3 below and return this form by Febraary 19.2016. 1. Please provide the cost for the items )/service(s) listed below: ITEM / SERVICE UNIT PRICE MyEverythingDiSC Training* $ -4AW per training session* If there is tax, please provide tax percentage: Ct No ❑ Yes % (Not to exceed 4.16%) * meats: Two (2) six-hour training sessions with 40 participants for each session. Includes Everything DISC Work of Leaders profile assessment for 80 participants and facilitation fee which includes preparation, printing, ixcilitation materials, unlimited comparison reports, and access to internee based model of myeverythingdisc.com. Training sessions will be held at the County of Kauai thcilides (no hiccility fees). 2. Does you company accept Purchase Orders? ❑ No M Yes S jo (if yea, indicate amount of surcharge, if any) I Does your company accept P -Cards (credit cards)? ❑ No ® Yes $ _ (If Yea, indicate amount of aum6arge, if any) ANEQUAL OPPOBTUNn7MIPLOYEB COUNTY OF KAUAI SMALL PURCHASE WRITTEN QUOTATIONS Deis E&M 19.2016 Offemes Name: Rand Community College OCET Phone/Fax No (80 8) 2454319 Add em: 3 -1901 Km muaUi Hwv. City/Staft0p Code Lie. HI 96766 Vendor Represantadve: Pgggy Lake PROVIDE A QUOTATION for the following good/service!constructian ( M see attached specifications). Telephone Bid: Note: ®Complete gaesdonnalre atitae:hed. Description: Award shall be MOST ADVANTAGEOUS including price, ar�t+g , cbarges, freigbt, etc. by ❑ unit price per item, ® Total Sum Bid, ❑ Total Sum Bid by Group Deliver all items Win_ days to: N/ QUOTES ACCEPTED BYC1ma% Ofix Zmafi this quotation by 2/19/2016.11:59 M HST to the following): Dept /Agency: HR. Address: 4444 Rice Ste 140 City/St WZig Code: _ L>bue. HI 96766 Contact Person: Debbie Ponce Pbone/Fax No. (808) 241 -4923 1 (8091241 -6593 VENDOR TO COMPLETE THE SECTION BELOW Item No. Description of itean(s) QTY UNIT PRICE TOTAL PRICE 1. gnrjftg DISC Por Leaders 2 4A00 8J= 2. 3. SUB -TOTAL ftm additional page Additional information or tams (Le. delivery time, weaauty peaiod, etc.): TOTAL SUM BID 8,800 Quote No. 001 Veulor firm for 180 days. D ❑ Includes additional items) Title: Training Coordinator If award is greater than $2,500, HCE compHuV (3 Yes, ❑ No spoFORM -IDA( ISM) Pegs 1 COUNTY OF KAUAI RECORD OF SMALL PURCHASE Agency: Human Resources/ Date:_ 2/23/2016 Dept or Agency) /(Div) Debbie Ponce Contact Person: Requisition No. Written Informal # QUOTATIONS RECEIVED: Part A. Description of good/service /construction (Include all items & saecifications): Two (2) six -hour training sessions with 40 participants for each session. Includes Everything DISC Work of Leaders profile assessment for 80 participants and facilitation fee which includes preparation, printing, facilitation materials, unlimited comparison reports, and access to internet -based model of myeverythingdisc.com. Training sessions will be held at the County of Kaua'i facilities (no facility fees). cart is. quotations �iollctted (include all applicable taxes, tees, delivery costs, etc.; Provide all supporting documents, eg SPO 10 or like documents; List recommended vendor as #1): Part C. Justification for im or inability to obtain minimum three quotations, if Part D. Justification for award made to other than lowest quotation (not applicable for construction above $5,000 as award shall be to lowest quotation): Debbie Ponce Print Name of Authorized Employee soliciting quotations Signature Date Signature: Procurement Officer/Designee approval Date & PO #: SPO Form -10 Cty Rev (119 /15) FILE A COPY AS SUPPORTING DOCUMENTATION IN THE PROCUREMENT FILE. Vendor Name Representative Phone No. Date of Quote Amount Quoted 1. Kupu a'e dba Kauai Team Challenge Shyla Ayau (808) 345 -7941 2/16/2016 $5800.00 Compliant with HRS 103D- 310(c) requirements? ® Yes ❑ No,. FEIN /SSN: 2034 (last four digits) Date verified via HCE: 2/23/2016 Vendor Name above is ❑ Entity Name or ® dba/Trade Name on HCE 2. Kaua'i Community College OCET Peggy Lake (808) 245 -8319 2/19/2016 $8800.00 3. THINK Sarah K- Nakamura (808) 224 -6694 2/19/2016 $17,346.13 4. 5. Part C. Justification for im or inability to obtain minimum three quotations, if Part D. Justification for award made to other than lowest quotation (not applicable for construction above $5,000 as award shall be to lowest quotation): Debbie Ponce Print Name of Authorized Employee soliciting quotations Signature Date Signature: Procurement Officer/Designee approval Date & PO #: SPO Form -10 Cty Rev (119 /15) FILE A COPY AS SUPPORTING DOCUMENTATION IN THE PROCUREMENT FILE. CERTIFICATE OF VENDOR COMPLIANCE STATE OF HAWAII STATE PROCUREMENT OFFICE CERTIFICATE OF VENDOR COMPLIANCE This document presents the compliance status of the vendor identified below on the issue date with respect to certificates required from the Hawaii Department of Taxation (DOTAX), the Internal Revenue Service, the Hawaii Department of Labor and Industrial Relations (DLIR), and the Hawaii Department of Commerce and Consumer Affairs (DCCA). Vendor Name: KAUAI TEAM CHALLENGE INC. DBA/Trade Kauai Team Challenge Incorporated Name: 9 P Issue Date. 02123/2016 Status: Compliant Hawaii Tax#: W2012010801 FEIN /SSN #: XX- XXX2034 UI #: XXXXXX5210 DCCA FILE #: 200143 Status of Compliance for this Vendor on issue date: Form Department(s) Status A -6 Hawaii Department of Taxation Compliant Internal Revenue Service Compliant COGS Hawaii Department of Commerce & Consumer Affairs Compliant LIR27 Hawaii Department of Labor & Industrial Relations Compliant Status Legend: Status Description Exempt The entity is exempt from this requirement Compliant https: 'vendors.ehawaii.gov/hce/buyer/view—certificate.html?id -8574