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HomeMy WebLinkAbout2016_0916_AgendaPacketRyan de la Pena Chair Mary Tudela Vice -Chair Maureen Tabura Secretary COUNTY OF KAUAI BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, September 16, 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 Members: Michael Curtis Calvin Murashige Brad Nagano Regular Open Session Minutes of August 26, 2016 EXECUTIVE SESSION Pursuant to H.R.S. §92 -4, 92 -9 (a)(14) (b), and §92 -5 (a) (2) and (4), the purpose of this executive session is to receive and approve Executive Session minutes; 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 -006 Executive Session Minutes of August 26, 2016 ES -007: BOE 16 -003 Complaint received 8/15/16 alleging an employee or officer of the county has breached Section 20.02 E of 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 RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES -006 and ES -007 BUSINESS BOE 2016 -10 Review and discussion of any necessary revisions to the Board of Ethics Financial Disclosure Form An Equal Opportunity Employer DISCLOSURES 1. Mark L. Bradbury (County Attorney's Office) 2. Sean M. VanDemark (Prosecuting Attorney's Office) ANNOUNCEMENTS Next Meeting: Friday, October 21, 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 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 2� Board of Ethics - September 16, 2016 SPECIAL ASSISTANCE If you need an alternate fonnat 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. 31Page Board of Ethics - September 16, 2016 COUNTY OF KAUAI Minutes of Meeting OPEN SESSION DRAFTJTj@ Be�A'11groue�1 Board /Committee: I BOARD OF ETHICS Meeting Date August 26, 2016 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:01 p.m. End of Meeting: 1:56 p.m. Present Chair Ryan de la Pena; Vice Chair Mary Tudela; Secretary Maureen Tabura. Members: Michael Curtis; Brad Nagano Staff. County Attorney Mauna Kea Trask; Boards & Commissions Office: Support Clerk Barbara Davis Excused Member: Calvin Murashige Absent SUBJECT DISCUSSION ACTION Call To Order Chair de la Pena called the meeting to order at 1:01 p.m. with 5 members present. Approval of Regular Open Session Minutes of June 17, 2016 Mr. Nagano moved to approve the minutes as Minutes circulated. Mr. Curtis seconded the motion. Motion carried 5:0 Communication BOE 2016 -09 Press Release of 7/28/16 requiring Lobbyists to register with the Office of the County Clerk Q Staff explained this was included in the packet because many of the Board Members were here when the County Council was trying to make that a duty of this Board. The Board's involvement now would be if there is an X alleged violation. Ms. Tabura moved to receive the communication. Mr. Nagano seconded the motion. Motion carried 5:0 Request for an _ 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 Advisory with his consulting agreement with the Kauai Island Utility Cooperative for Opinion which he will be advising K1UC on various communications issues Mr. Allan Parachini was present to answer any questions presented by the Board of Ethics Open Session August 26, 2016 Page 2 SUBJECT DISCUSSION ACTION f Board. Mr. Parachini said he made this request at the suggestion of Jay Furfaro just to leave no "t" uncrossed or "i" un- dotted. This relationship with KIUC that he entered into is a part-time temporary consulting gig. Their communications director left and he has considerable back ground in PR and journalism so he is filling in with them. His immediate predecessor as chairman of the Charter Review Commission, Jan TenBruggencate, was and is on the KIUC Board and chairs it right now. Mr. Parachini, out of an abundance of caution, wanted to make sure that this Board feels there is no conflict. Ms. Tabura moved that the Board find there is no conflict of interest. Mr. Curtis seconded the motion. Motion carried 5:0 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 Ms. Theresa Koki and Ms. Maile Murray were present to answer any questions presented by the Board. Ms. Koki was asked to summarize the request for an Advisory Opinion. Ms. Koki explained that Ms. Murray is a substance abuse counselor and was formerly and still is involved with the EAP (Employee Assistance Program) contract. (The County) has employees that go to the EAP for counselling but for her situation she will not do anymore employees. Her other employer, the EAP contract that she had, would only consider her for different EAP contracts. We wanted to make sure there is no conflict because it is the same contract. Board of Ethics Open Session August 26, 2016 Page 3 SUBJECT I DISCUSSION Ms. Tabura asked that Ms. Murray's position be explained again. Ms. Koki stated Ms. Murray is appointed to the Mayor's Office Life's Choices Kauai; she is our prevention coordinator. Her former life (sic) she was with Child and Family Service who has the County of Kaua`i's EAP contract. Ms. Murray wants to continue to help out Child and Family Services and is an on -call employee for EAP services. They know that she will not be doing any County employees. Ms. Tabura asked what the ADAD contract is that is noted in the Job Duties & Responsibilities. Ms. Koki explained that is the Alcohol and Drug Abuse Division of the Department of Health who is the grant funder for her position. Ms. Tudela said she had a couple of questions directed to Ms. Murray's role with a focus on decision - making authority and does she make decisions on government prograins. Referring to the grant management in the job and responsibilities section and the question is she is an employee of the County through a specific grant and the work is similar with what her outside employment request would entail. Ms. Koki said no, it is very different to which Ms. Tudela asked how it is different as she is particularly concerned in Ms. Murray's job with the County and does she have authority to make decisions that would impact those third parties. Ms. Koki said for Ms. Murray's former job at Child and Family Services and her current on -call job she is a substance abuse counselor, certified substance abuse counselor. For the County of Kauai she is a prevention coordinator. The grant we received was to do prevention work in the community. She does not oversee any employee that she has either treated in the past or knows. Ms. Tudela asked if in her grant management responsibility she is not making decisions about any of these 3 outside employers. Ms. Koki said no, she is not. ACTION Board of Ethics Open Session August 26, 2016 Page 4 SUBJECT DISCUSSION ACTION Mr. Curtis asked if she administers the grant that funds these positions to which Ms. Koki said no, it funds Ms. Murray's position only and the grant is for community building and other prevention resources. Mr. Curtis said then she has no control over the (grant) money to which Ms. Koki said she would be spending the money. Mr. Curtis said to the benefit of the other employers and again Ms. Koki said no, not all. Those are treatment and we are doing prevention. Ms. Tudela asked Ms. Koki if she saw any overlap or conflict of interest herself. Ms. Koki said in the beginning she was quite concerned about her EAP continuance, especially since she did work with some employees and had to release them back to work, but Ms. Murray is very trustworthy in that she would keep the confidentiality laws in place and Ms. Koki does not have any problem with her. As soon as she told Ms. Koki that she had told her former employer that she would not be doing any County employees they did say when there is a County employee they would call in someone from the other islands. There were no further questions from the Board for either Ms. Koki or Ms. Murray. Ms. Tudela moved that the Board find there is no conflict of interest. Mr. Curtis seconded the motion. Motion carried 5:0 Executive County Attorney Mauna Kea Trask read the HRS Session provisions as detailed on the agenda to take the Board into Executive Session. Mr. Curtis moved to go into Executive Session at 1:14 p.m. Ms. Tudela seconded the motion. Motion carried 5:0 Board of Ethics Open Session August 26, 2016 Page 5 SUBJECT DISCUSSION ACTION Return to Open Ratify Board of Ethics actions taken in Executive Session for items: ES -004 The meeting resumed in Open session at 1:39 and ES -005 Session p.m. Mr. Nagano moved to ratify actions taken on ES- 004 to proceed to a formal hearing and ES -005 to receive advice from counsel. Ms. Tabura seconded the motion. Motion carried 5:0 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 Salas - 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) Ms. Tudela commented that she thought people were not connecting Section IV indicating their business interest and the percent of ownership interest with Section III listing all sources and amount of income. Ms. Tabura moved to receive disclosures 1 through 11 and deem them complete. Mr. Curtis seconded the motion. Motion carried 5:0 Announcements Next meeting: Friday, September 16, 2016 — 1:00 p.m. Mr. Nagano stated that both he and Mr. Murashige will not be present at the September meeting. Adjournment Chair de la Pena adjourned the meeting at 1:56 p.m. Board of Ethics Open Session August 26, 2016 Submitted by: Page 6 Barbara Davis, Staff Support Clerk () Approved as circulated. () Approved with amendments. See minutes of Reviewed and Approved by: meeting. Ryan de la Pena, Chair KAUAI COUNTY BOARD OF ETHICS DISCLOSURE STATEMENT INSTRUCTION SHEET I. WHO MUST FILE. The 1\1ayor, Council persons, Prosecuting Attorney, all department heads and deputies, members of boards and commissions, the purchasing agent, and all candidates for elective office. II. WHEN TO FILE. Disclosure forms must be filed within thirty (30) days of taking office or within seven (7) days of fling nomination paper as a candidate for office, as in the case may be. Section 3 1.9, Kauai County Code 1987; Section 20.04, Charter of the County of Kauai. III. WHAT TO FILE. Charter §20.04 says you must file a list of all property in which you have a right, title, or interest, a list of all business firms which contract for county business in which you have any interest, all places of your employment including part -time employment, all sources and amounts of income, business, ownership, officer and director positions, debts, creditor interests in insolvent businesses, and the names of persons represented before government agencies. IV. AMENDMENTS. Disclosure forms must be updated within thirty (30) days of any change in information requiring disclosure. V. PENALTY FOR FAILURE TO FILE. A violation of any provision of the Code of ethics of the Charter of the County of Kauai shall be cause for fine, suspension, or removal from office or employment. VI. WHERE TO FILE. All Disclosure Statements should be filed by mail or in person, addressed a�, follows: Kauai County Board of Ethics c/o Office of Boards and Commissions Mo`ikeha Building 4444 Rice Street, Suite 150 Lihu`e, Kauai, Hawaii 96766 We suggest you make and retain a copy for your personal records. DISCLOSURE FORMS ARE PUBLIC RECORD .BCE a64- is BOARD OF ETHICS COUNTY OF KAUAI DISCLOSURE STATEMENT THIS DOCUMENT SHALL BECOME A PUBLIC RECORD AFTER THE BOARD OF ETHICS HAS EXAMINED IT AND DEEMED IT TO BE COMPLETE I. GENERAL INFORMATION NAME: (First) Name of spouse: (,fiddle) (Last) POSITION TITLE: Indicate your elected or appointed County position, Board or Commission, or the public office you are filing for: ❑ I am a Candidate for Public Office: F-11 un an Elected or Appointed official for Kauai County: ❑ I am an Appointed member of a Board or Commission: (Nlame of Public Office) (Position Title) (Name of Board or Commission) II. EMPLOYMENT — List all employment other than County employment (including part-time) Employer Position Source (Required: name of company) Current Annual Income (Round to the nearest $10,000. If more than $100,000, you may list > $100,000) IV. BUSINESS INTEREST — List all business, partnerships, or sole proprietorships and the percentage of interest in which you have an interest (please identify acronyms appropriately). Business Name Percent Ownership Interest Check here if business contracts with the County V. POSITION HELD IN BUSINESS OR ORGANIZATION —List in the space below the information requested for all organization (whether corporations, non -profit corporations, unincorporated organization, partnerships, etc., and identify acronyms appropriately) in which you are an official of the organization (for example, president, vice - president, secretary, treasurer, trustee, agent, board member, etc.) Organization Name Position Address/ Location Tax Map Key Number VIII. REPRESENTATION BEFORE GOVERNMENT AGENCIES — List the names of all persons, corporations, organizations, partnerships, etc. that you have represented before any government agency, (Federal, State, or County) board, or commission in the last five years: Name ofperson, company, etc. Board /Commission /Agency Year X. CERTIFICATION — MUST BE SIGNED IN FRONT OF A NOTARY PI_TBLIC I hereby certif}, that the above statement made by me are true, complete, and accurate to the best of my knowledge and belief. I further understand that if I acquire or possess an interest that might reasonably tend to create a conflict of interest with my duties or authority, or I or a member of my immediate family, which includes parents, siblings, spouse, or children, is an owner, officer, executive director, or director of an organization in any matter pending before me, I shall snake full disclosure of the conflict of interest and shall not participate in said matter. Document Date: Document Description: Notary Name: Subscribed and sworn before me this Notary Public, State of Hawaii Ally Commission Expires: # Pages. day of Signature _Circuit 20