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HomeMy WebLinkAbout2016_0826_AgendaPacketRyan de la Pena Chair Mary Tudela Vice -Chair Maureen Tabura Secretary COUNTY OF KAUA'I BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, August 26, 2016 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 June 17, 2016 Members: Michael Curtis Calvin Murashige Brad Nagano COMMUNICATION BOE 2016 -09 Press Release of 7/28/16 requiring Lobbyists to register with the Office of the County Clerk REOUEST FOR AN ADVISORY OPINION RAO 16 -005 Request received 7/13/16 From Allan Parachini, Chair of the Charter Review Commission, as to whether there is a conflict of interest with his consulting agreement with the Kauai Island Utility Cooperative for which he will be advising KIUC on various communications issues RAO 16 -006 Request received 8/8/16 from the Life's Choices Coordinator, Theresa Koki, to review and advise whether there is a conflict for three Outside Employment Requests for the PFS Prevention Coordinator Maile Murray a. Pono Assessment and Counseling Services, LLC who engage in Drug and Alcohol Assessments and Individual Counseling b. WorkLife Hawaii who engage in Employment Assistance Programs (Child and Family Service) c. Child and Family Services who engage in Social Services EXECUTIVE SESSION 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 An Equal Opportunity Employer 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 -004: BOE 16 -002 Complaint dated 7/12/16 alleging an employee or officer of the county has breached the Code of Ethics as set forth in the Kaua'i County Charter and the Kaua'i County Code 1987 in the performance of his/her duties Pursuant to H.R.S. §92 -4 and H.R.S. §92 -5 (a) (4), the purpose of this executive session 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: ES -005: Reviewing Financial Disclosures for conflicts of interest RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES -004 and ES -005 DISCLOSURES 1. Justin F. Kollar (Candidate for Prosecuting Attorney) 2. Derek S.K. Kawakami (Candidate for County Council) 3. Peter M. Morimoto (Deputy County Attorney) 4. Timothy T. Tate (Deputy Prosecutor) 5. Sinclair Salad- Ferguson (Deputy County Attorney) 6. Beth A. Tokioka (Board of Water Supply) 7. Chad Pacheco (Fire Commission) 8. Gary Pacheco (Liquor Control Board) 9. Melvin Rapozo (Candidate for Council) 10. Mason Chock (Candidate for Council) 11. Juno -Ann Apalla (Candidate for Council) ANNOUNCEMENTS Next Meeting: Friday, September 16, 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 21Page Board of Ethics — August 26, 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 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 1 P a g e Board of Ethics — August 26, 2016 .� �� 00_19,0 COUNTY OF KAUAI .,�,. Minutes of Meeting OPEN SESSION Board /Committee: I BOARD OF ETHICS Meeting Date I June 17, 2016 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. End of Meeting: 1:33 p.m. Present Vice Chair Mary Tudela; Secretary Maureen Tabura. Members: Michael Curtis; Calvin Murashige Staff: Deputy County Attorney Nicholas Courson; Boards & Commissions Office: Support Clerk Barbara Davis Excused Chair Ryan de la Pena. Member Brad Nagano Absent SUBJECT DISCUSSION ACTION Call To Order Vice Chair Tudela called the meeting to order at 1:00 p.m. with 4 members present. Approval of Regular Open Session Minutes of April 15, 2016 Mr. Curtis moved to approve the minutes as Minutes circulated. Mr. Murashige seconded the motion. Motion carried 6:0 Following a request for clarification of Attorney Courson's comment on "workers who do side things" it was explained that it referred to people who do "side jobs, things" so the minutes stood as approved. Request for an RAO 16 -004 Letter dated 6/1!16 from Kanani Fu, Housing Director, requesting an Advisory Opinion on whether there is a conflict with her Advisory position and being a participant in the Homebuyer Loan program Opinion administered by the Housing Agency Mr. Curtis moved to accept Ms. Fu's report and find that currently it is not a conflict of interest. Mr. Murashige seconded the motion for discussion. Vice Chair Tudela asked Ms. Fu to share anything compelling or note- worthy from her perspective that she might not have covered in her written submittal. Ms. Fu stated she is currently the Housing Director for the County of Kauai and began that role on March 1, 2016. Prior to her capacity as the Housing Board of Ethics Open Session June 17, 2016 Page 2 SUBJECT DISCUSSION ACTION Director she was a participant in the County of Kaua`i's homebuyer loan program in 2011, which is open to Kauai residents and is targeted towards home ownership. Ms. Fu and her spouse were participants who went through the program and when they became home -buyer ready they applied and received a loan for their primary residence. The loan is administered through the Housing Agency. When it carne to her attention while filing her financial disclosure she wanted to ensure there was no conflict of interest or a perception that it could be a conflict of interest since she administers the Housing Agency now and directly supervises those that administer the home buyer loan program. Mr. Murashige asked Ms. Fu if there is anything she can do in her current position as the Housing Director that would in any way impact her current loan from the Housing Agency. Ms. Fu said the loan can be impacted if the interest rate is to change and her loan is a fixed interest rate for 15 years. (The program) is based on Administrative Rules set by the Housing Agency in addition to guidelines that need to be followed on the Federal regulations as they administer the moneys to the County. The interest rate is set by the Housing Agency. Her contract is a fixed loan for 15 years and then a balloon payment is due. If (the Housing Agency) wants to change any of that it has to be through the Admin Rules which is an unlikely scenario. Mr. Murashige said speaking hypothetically if their Agency were to decide to change the interest rate would it be something the Agency does unilaterally or would it have to go through a confirmation process approved by some higher authority. Ms. Fu said the Administrative Rules would have to go through a formal Board of Ethics Open Session June 17, 2016 Page 3 SUBJECT DISCUSSION ACTION public hearing process. The Agency does vet their Administrative Rules _ through the SBBC and because it involves Federal they have to vet it through the Federal. There are different agencies and formal procedures to go through in order to change Admin Rules which ultimately has to be signed off by Ms. Tanigawa, the County Clerk and with approval by the Lt. Governor (sic). Mr. Curtis said even if that were to happen would that affect her fixed loan. Ms. Fu said it could potentially because the Admin Rules can be tailored so you get grandfathered in or take what occurs to be better. Attorney Courson asked if all this did happen would it apply to all loans or is there any scenario that would apply in which Ms. Fu could change only her loan. Ms. Fu said no. They have to base it on the source of funding, but it could affect only a certain amount of people that stay under that funding source. Attorney Courson said Ms. Fu could change rules for loans attached to a funding source but cannot change the rules for one specific loan. Ms. Fu said it has to be the funding source. With no further questions, Vice Chair Tudela explained the Board would deliberate on the question to which Ms. Fu was advised she could go or stay because it was open session. Mr. Curtis and Mr. Murashige both said they had no issues. Attorney Courson said to make sure he is on the right point he would Board of Ethics Open Session June 17, 2016 Page 4 SUBJECT DISCUSSION ACTION analyze it as the only potential conflict seems like it could arise from §20.02 E which is use his official position to secure a special benefit privilege or benefit for himself or others and the Board's questions demonstrated that Ms. Fu is not in a position to secure a special benefit as any benefit would be applied to a class. Members of the Board concurred. Motion that the Board finds there is no conflict carried 4:0 Disclosures 1. Jo Ann Shimamoto (Salary Commission) 2. Russell M. Wong (Charter Commission) 3. Juno -Ann A. Apalla (Candidate for County Council) 4. Gary A. Pacheco (Liquor Control Commission) 5. Chad K. Pacheco (Fire Commission) 6. Michael T. Martinez (Fire Commission) 7. Richard S. Fukushima (Candidate for County Council) 8. Ross K. Kagawa (Candidate for County Council) 9. Melvin F. Rapozo (Candidate for County Council) 10. Arthur J. Brun (Candidate for County Council) 11. Wallace G. Rezentes (Managing Director) 12. Agyl J. Kaneshiro (Candidate for County Council) 13. Gary L. Hooser (Candidate for County Council) 14. Mason K. Chock (Candidate for County Council) 15. Ashley S. Uyeno -Lee (Deputy Prosecuting Attorney) 16. JoAnn A. Yukimura (Candidate for County Council) Mr. Curtis said as a realtor they cover themselves with everything with disclosures, but when they snake a decision they don't give an opinion about why. When you give an opinion about why it gives people leverage to argue against you. That is an attorney's approach and perspective to where a realtor's approach is if you don't say anything they can't grab anything to argue against your decision. Board of Ethics Open Session June 17, 2016 Page 5 SUBJECT DISCUSSION ACTION Attorney Courson said in the nature of government we want to be transparent about why we are deciding what we decide. Mr. Curtis said he votes one way or the other without an opinion behind it and perhaps the decision of the Board can be a decision without an opinion behind it and rest on the judgement of the members. Attorney Courson said they are certainly free as a body to move in that direction. Mr. Curtis said so Attorney Courson's last comment in the last motion was out of place. Attorney Courson said it would be if that is the direction they wish to move in; prior Boards have wanted to express a basis for their opinions. Mr. Curtis asked why because if there is an appeal it gives the appellant a hook and a reason for an appeal. A decision without an opinion is a decision resting on itself and stands for itself. For instance this last discussion the Attorney read rules that are already relevant to everybody into the decision and the discussion. Staff stated that is part of the rules to which Mr. Curtis agreed saying you don't have to state it. Attorney Courson said you may open yourself to an argument that the decision was arbitrary and capricious and while you have wide discretion if you give no decision at all it is very likely to be overturned from a legal point of view. Mr. Curtis said arbitrary and capricious are attorney words and may be the hook that allows a challenge. Ms. Tabura moved to accept disclosures 1 through 16 and deem them complete. Mr. Murashige seconded the motion. Mr. Curtis said Mason, Mel, Chad Pacheco, Gary Pacheco, and Apalla have sole proprietor interest in businesses that they indicate there is no income from. Mason has 100% interest in the business but no income. Mel has his legal services business and no income, Chad has 10% interest in a business and no income, Gary has 100% interest and Apalla has 25% interest in Fashion Week and they indicate no income from these 100% sole proprietorships. If Mel's legal business is out of business and received no Board of Ethics Open Session June 17, 2016 Page 6 SUBJECT DISCUSSION ACTION receipts last year then he received no income. Mason disclosed he had income from the County for his business that he has 100% interest in but no income and so he is questioning the active businesses disclosed and the no income reported. Vice Chair Tudela said she is waiting for legal counsel's review but from the Board's perspective they approve them and deem them as complete as in nothing has been omitted. Vice Chair Tudela said Mr. Curtis is questioning that there is information missing from those because of the 100% ownership of a business with no income indicated. Mr. Curtis felt there was inconsistent information on the fonns that he perceived. Asked if this had ever come up before Staff said not as long as they declare whether they are making money or not. Mr. Curtis said they heard from Mason that his business has a contract with the County. Vice Chair Tudela said she wants a legal response to the responsibility of the Ethics Board as to accepting them as being complete — not specific to the data provided by the individual. Attorney Courson said the only thing he is prepared to clarify at this point is that the past practice of this Board has been to simply deem complete. If the Board wants him to revisit whether or not that is right — he has never looked into in but just knows that has been the practice. Mr. Curtis said he perceives an inconsistency in the information provided. Ms. Tabura remembered concerns in the past which Vice Chair Tudela thought it was because they were incomplete. In the disclosures Mr. Curtis has put forward they are all complete in that there is a zero under income so we have been given the infonnation and Vice Chair Tudela did not see that as an issue because it is possible to have a business, to have a license and no Board of Ethics Open Session June 17, 2016 Page 7 SUBJECT DISCUSSION ACTION income. Mr. Curtis agreed it was possible but he said they know that Mason Chock has a contract with the County for his business. Vice Chair Tudela called for the vote. Motion to accept disclosures 1 through 16 and deem as complete failed 2:2 (Nay- Curtis; Tabura) Mr. Curtis moved to receive disclosures with the exception of 3, 4, 5, 9 and 14. Mr. Murashige seconded the motion. Motion carried 4:0 Asked how the Board would like to handle those specific disclosures Attorney Courson said it would depend on the result of the research and if it is the purpose of the Board to check if they are complete, then they are complete. If it is the purpose of the Board to move actively to investigate inconsistencies then they will cross that bridge then. Vice Chair Tudela said the first step is for counsel to look at all the documents to make sure there is a clear understanding of what the Board's role is for acceptance of disclosures and bring that information to the Board next month. Mr. Murashige moved to defer disclosures 3, 4, 5, 9, and 14 until legal advice is received from counsel. Mr. Curtis seconded the motion. Motion carried 4:0 Announcements Next meeting_ : Friday, July 15 at 1:00 p.m. Adjournment Mr. Curtis moved to adjourn the meeting at 1:33 p.m. Mr. Murashige seconded the motion. Motion carried 4:0 Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk () Approved as circulated. ( ) Approved with amendments. See minutes of Mary Tudela, Vice Chair meeting. COUNTY COUNCIL Mel Rapozo, Chair Ross Kagawa, Vice Chair Mason K. Chock Gary L. Hooser Arryl Kaneshiro KipuKai Kuali`i JoAnn A. Yukimura FOR IMMEDIATE RELEASE Council Services Division 4396 Rice Street, Suite 209 Lihu`e, Kauai, Hawaii 96766 July 28, 2016 Contact: Jade K. Fountain - Tanigawa, County Clerk Phone: (808) 241 -4188 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 cokcouncita kauai.gov LOBBYISTS NOW REQUIRED TO REGISTER WITH THE OFFICE OF THE COUNTY CLERK, COUNCIL SERVICES DIVISION LIHU'E, HAWAI'I: The Office of the County Clerk, Council Services Division is now accepting Lobbyist Registration Statements. Pursuant to Ordinance No. 999, which was passed in January 2016, lobbyists are now required to register with the County of Kaua'i, disclose the amount of money used by lobbyists to influence government decision making, and identify themselves as lobbyists prior to testifying before the County Council or County agencies. According to the Ordinance, a lobbyist is defined as any individual who for pay or other consideration engages in lobbying on behalf of another person in excess of five (5) hours in any month of any reporting period or spends more than $750 lobbying during any reporting period. Lobbyists are required to disclose who they are lobbying for at the time they engage in lobbying a Kaua'i County legislative or administrative officer and file a Lobbyist Registration Statement with the Office of the County Clerk no later than five days after engaging in lobbying. In addition, all lobbyists, those who spend $750 for paid media to influence government and each person who employees or contracts for the services of one or more registered lobbyists must file a Contributions and Expenditures Statement with the Office of the County Clerk on or before January 31,1 of each year. -more- AN EQUAL OPPORTUNITY EMPLOYER Lobbyist Registration Statement and Contributions and Expenditure Statement forms can be downloaded at www.kauai.gov /council /lobbyistregistration or filled out at the Office of the County Clerk, Council Services Division, 4396 Rice Street, Suite 209, Lihu'e, Hawai i, 96766. Additional information regarding the lobbyist law, such as those who are exempt and potential penalties is also provided on the website. For more information, contact the Office of the County Clerk, Council Services Division, at (808) 241 -4188. M -pau- Allan Parachini Communications and Public Relations Consulting 2319 Kamali'i Street, Kilauea, HI 96754 7 -8 -2016 Ryan de la Pena Board of Ethics c/o Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu`e, HI 96766 Dear Mr. de la Pena: tyJ JUL 132016- I am the chair of the Kauai County Charter Review Commission. I write at the suggestion of Jay Furfaro to make the Board of Ethics aware that I recently entered into a consulting agreement with the Kauai Island Utility Cooperative under which I will be advising KIUC on various communications issues for the next few months. It occurred to me that I should make the Board of Ethics aware of this new affiliation and seek an opinion from you that there is no conflict of interest, if that's appropriate. If you have any questions or concerns, please let me know. Sincerely, RAO W 'D ob Voice: (808) 320 -3853 Fax: (808) 320 -3854 Mobile: (626) 676 -5328 E -mail: aparachini @parachinigroup.com l" AUG -8 2016 DEPARTMENT OF HUMAN RESOURCES COUNTY OF KAUAI OUTSIDE EMPLOYMENT REQUEST 1. Employee Name: Maile Murray 2. Employing Department: Life's Choices Kauai 3. Immediate Supervisor Name: Theresa Koki 4. Job Title: PFS Prevention Coordinator 5. Job Duties & Responsibilities: Drug and alcohol prevention coordinator for ADAD contract, capacity building, grant management, assessment and evaluation of community needs. 6. Outside Employment Information: A. Company Name: Pono Assessment and Counseling Services, LLC B. Type of Business: Drug and Alcohol Assessments and Individual Counseling C. Business Address: PO Box 966 Lihue, HI 96766 D. Business Phone: 808- 635 -2837 E. Job Title: Owner, CSAC. SAP F. Job Duties & Responsibilities: Provide substance abuse assessments for individuals, substance abuse education primarily for DUI offenders. G. Work Hours: EMPLOYING DEPARTMENT ACTION: As needed, on -call, weekends only ❑ Approve MRefer to Board of Ethics Signature of Department Head / Representative: Date: p 0/0 874 I HR -414 01/15 f�v / 6 -ode Q. DEPARTMENT OF HUMAN RESOURCES AUG - 8 2016 � I COUNTY OF KAUAI OUTSIDE EMPLOYMENT REQUEST 1. Employee Name: Maile Murray 2. Employing Department: Life's Choices Kauai 3. Immediate Supervisor Name: Theresa Koki 4. Job Title: PFS Prevention Coordinator 5. Job Duties & Responsibilities: Drug and alcohol prevention coordinator for ADAD contract, capacity building, grant management, assessment and evaluation of community needs. 6. Outside Employment Information: A. Company Name: WorkLife Hawaii B. Type of Business: Employment Assistance Program (Child and Family Service) C. Business Address: 1001 Bishop St., #780 Honolulu, HI 96813 D. Business Phone: 808- 543 -8445 E. Job Title: EAP Counselor IV F. Job Duties & Responsibilities: Provide contracted substance abuse assessments and referrals to employees with positive drug screens. G. Work Hours: As needed, on -call EMPLOYING DEPARTMENT ACTION: ❑ Approve Refer to Board of Ethics Signature of Department Head / Representative: Date: d911 HR -414 01/15 1. 2. 3. 4. 5. DEPARTMENT OF HUMAN RESOURCES COUNTY OF KAUAI OUTSIDE EMPLOYMENT REQUEST it it t : AUG -8 2016 Employee Name: Maile Murray Employing Department: Life's Choices Kauai Immediate Supervisor Name: Theresa Koki Job Title: PFS Prevention Coordinator Job Duties & Responsibilities: Drug and alcohol prevention coordinator for ADAD contract, capacity building, grant management, assessment and evaluation of community needs. 6. Outside Employment Information: A. Company Name: Child and Family Service B. Type of Business: Social Services C. Business Address: 2970 Kele St. suite 203 Lihue, HI 96766 D. Business Phone: 808- 245 -5914 E. Job Title: CSAC, SAP F. Job Duties & Responsibilities: Provide new employees training in previous work on substance abuse assessments and program management. G. Work Hours: EMPLOYING DEPARTMENT ACTION: ❑ Approve As needed, after hours, weekends Kefer to Board of Ethics Signature of Department Head / Representative: Date: gl D g1-,7,-0 1 HR -414 01/15 RAO 16, i�) 0 ea 0-, - ' AUG ` 8 2016 DEPARTMENT OF PERSONNEL SERVICES COUNTY OF KAUAI 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, Y'la�l k rY A V(6m , hereby acknowledge that I have read and (Print Name) understand the contents of this NOTICE TO EMPLOYEES concerning disclosure and consequences of not disclosing OUTSIDE EMPLOYMENT. r T 1r.-ap Signature of EVnployee Date