HomeMy WebLinkAbout2016_1118_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, November 18, 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
Members:
Michael Curtis
Calvin Murashige
Brad Nagano
EXECUTIVE SESSION
Pursuant to H.R.S. §92 -4, 92 -9 (a)(1 -4) (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 -013 Executive Session Minutes of October 17, 2016
Executive Session Minutes of October 21, 2016
ES -014: BOE 16 -002 Pre Hearing Conference for a Complaint BOE 16 -002 alleging an
employee or officer of the County has breached Internal County
Regulations, Article 1, Section 3 -1.4, Kauai County Code of
Ethics, Internal County Regulations, Article 1, Section 3- 1.6(a),
Kauai County Code of Ethics, County Charter, Article XX,
Section 20.02(A) and Kauai County Code of Ethics, County
Charter, Article XX, Section 20.02(E) in the performance of
his, /her duties (Ongoing)
a. Resolution 2016 -1, adopted September 16, 2016, defining the
scope for an investigation into an allegation that an employee
or officer of the County has violated provisions of the Code of
Ethics
An Equal Opportunity Employer
ES -015: 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 perfonnance of his her duties (Ongoing)
a. Review of departmental policies from Chief Westennan
(Moved to December 16 meeting to accommodate the Chief's
travel schedule)
RETURN TO OPEN SESSION
Ratify Board of Ethics actions taken in Executive Session for items: ES -013, ES -014 and ES-
015
APPROVAL OF MINUTES
Open Session Minutes of October 17, 2016
Open Session Minutes of October 21, 2016
COMMUNICATION
BOE 2016 -12 Memorandum dated 10/19/16 from Councihnember Arryl
Kaneshiro to the County Council regarding possible Conflict of
Interest relating to Agenda Item C 2016 -212, C 2016 -222 and
Resolution No. 2016 -62, relating to an intergovernmental
agreement with the State of Hawaii, Department of Health for a
loan from the State Water Pollution Control Revolving Fund for
the Hanama'ulu and Kapaia Sewage Pump Stations (SPS)
renovations, Project NO. C150059 -23
DISCLOSURES
1. Kipukai L.P. Kuali'i (Councihnember)
2. Mahealani M. Krafft (Deputy County Attorney)
3. Teresa F. Tumbaga (Deputy County Attorney)
ANNOUNCEMENTS
Next Meeting: Friday, December 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).
21
Board of Ethics - November 18, 2016
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
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.
Board of Ethics -- November 18, 2016
COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Board /Committee:
I BOARD OF ETHICS
Meeting Date
I October 17, 2016
Location
Mo`ikeha Building, Meeting Room 2 A/B
Start of Meeting: 1:05 p.m.
End of Meeting: 1:19 p.m.
Present
Chair Ryan de la Pena; Vice Chair Mary Tudela. Members: Michael Curtis; Calvin Murashige; Brad Nagano
Staff. Deputy County Attorney Nicholas Courson; Boards & Commissions Office: Support Clerk Barbara Davis; Administrator Jay
Furfaro;
Excused
Secretary Maureen Tabura
Absent
SUBJECT
DISCUSSION
ACTION
Call To Order
Chair de la Pena called the meeting to order at
1:05 p.m. with 5 members present.
Executive
Deputy Attorney Courson read the provision to
Session
take the Board into Executive Session: Pursuant
to H.R.S. §92 -4 and §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.
Board of Ethics
Open Session
October 17, 2016 Page 2
SUBJECT
DISCUSSION
ACTION
ES -009: BOE 16 -002 Pre Hearing Conference
for a Complaint BOE 16 -002 alleging an
employee or officer of the County has breached
Internal County Regulations, Article 1, Section
3 -1.4, Kauai County Code of Ethics, Internal
County Regulations, Article 1, Section 3- 1.6(a),
Kauai County Code of Ethics, County Charter,
Article XX, Section 20.02(A) and Kauai County
Code of Ethics, County Charter, Article XX,
Section 20.02(E) in the perfonnance of his/her
duties (Ongoing)
a. Resolution 2016 -1, adopted September
16, 2016, defining the scone for an investigation
into an allegation that an employee or officer of
the County has violated provisions of the Code
of Ethics
Ms. Tudela moved that the Board go into
Executive Session at 1:05 p.m. Mr. Nagano
seconded the motion. Motion carried 5:0
Return to Open
Session
Ratify Board of Ethics actions taken in Executive Session for item: ES -009
Ms. Tudela moved to ratify the Board's actions.
Mr. Nagano seconded the motion. Motion carried
5:0
Announcements
Next Meeting: Friday, October 21, 2016 — 1:00 p.m. — Liquor Conference
Adjournment
Chair de la Pena adjourned the meeting at 1:19
p.m.
Board of Ethics
Open Session
October 17, 2016
Submitted by:
Page 3
Barbara Davis, Staff Support Clerk
() Approved as circulated.
() Approved with amendments. See minutes of
Reviewed and Approved by:
Ryan de la Pena, Chair
meeting.
COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
L roue�l
Board /Committee:
BOARD OF ETHICS
Meeting Date
October 21, 2016
Location
Mo`ikeha Building, Liquor Conference Room 3
Start of Meeting: 1:02 p.m.
End of Meeting: 2:20 p.m.
Present
Chair Ryan de la Pena; Vice Chair Mary Tudela; Secretary Maureen Tabura. Members: Michael Curtis; Calvin Murashige; Brad
Nagano
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 de la Pena called the meeting to order at
1:02 pan. with 6 members present.
Executive
Attorney Courson read: Pursuant to H.R.S. §92-
Session
4, 92 -9 (a)(1 -4) (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.
Board of Ethics
Open Session
October 21, 2016 Page 2
SUBJECT
DISCUSSION
ACTION
ES -010 Executive Session Minutes of
September 16, 2016
Executive Session Minutes of September 30,
2016
ES -011: BOE 16 -002
ES -012: BOE 16 -003
Ms. Tudela moved to go into Executive Session
at 1:04 p.m. Ms. Tabura seconded the motion.
Motion carried 6:0
Return to Open
The meeting resumed in Open Session at 2:11 p.m.
Session
Ratify Board of Ethics actions taken in Executive Session for items: ES-
0.1.0, ES -011 and ES -012
Mr. Nagano moved to ratify the Board's actions
taken in Executive Session. Mr. Murashige
seconded the motion. Motion carried 6:0
Approval of
Open Session Minutes of September 16, 2016
Ms. Tudela moved to approve the minutes of
Minutes
September 16, 2016 as circulated. Mr. Curtis
seconded the motion. Motion carried 4:2 (abstain
— Nagano and Murashige)
Open Session Minutes of September 30, 2016
Ms. Tudela moved to approve the minutes of
September 30, 2016 as circulated. Mr. Murashige
seconded the motion. Motion carried 5:1 (abstain
— Curtis)
Communication
BOE 2016 -11 Memorandum dated 9/8/16 from Councilmember Arryl
Kaneshiro regarding possible Conflict of Interest relating to Agenda Item C
2016 -192 and Bill No. 2637, A Bill for an Ordinance amending Ordinance
Board of Ethics
Open Session
October 21, 2016
Page 3
SUBJECT
DISCUSSION
ACTION
No. B- 2016 -812, as amended, relating to the Operating Budget of the
County of Kauai, State of Hawaii, for the fiscal year July 1, 2016 through
June 30, 2017, by revising the amounts estimated in the General Fund
Mr. Murashige moved to receive the
communication. Ms. Tudela seconded the
motion. Motion carried 6:0
Business
BOE 2016 -10 Review and discussion of revision to the Board of Ethics
Financial Disclosure Fonn as proposed at the September 16, 2016 meeting
(Ongoing)
The words "business interest from Section IV" was added to Section III
Current Annual Income.
Ms. Tudela moved to approve the revision. Mr.
Curtis seconded the motion. Motion carried 6:0
Disclosures
1. Nicholas R. Courson (Deputy County Attorney)
2. Adam Parrish Roversi (Deputy County Attorney)
3. Matthew Martel Bracken (Deputy County Attorney)
4. Ernest William Barreira (Assistant Chief Procurement Officer)
Ms. Tabura moved to receive disclosures 1
through 4 and deem theirs complete. Ms. Tabura
seconded the motion. Motion carried 6:0
Announcements
Next Meeting: Friday, November 18, 2016 — 1:00 p.m.
Adjournment
Chair de la Pena adjourned the meeting at 2:20
p.m.
Submitted by:
Barbara Davis, Staff Support Clerk
() Approved as circulated.
() Approved with amendments. See minutes of
Reviewed and Approved by:
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
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
L-ihu`e, Kauai, Hawaii 96766
MEMORANDUM
20 nig "
October 19, 2016
TO: Mel Rapozo, Council Chair
and Members of the Kauai County Council
FROM: Arryl Kaneshiro, Councilmember f4�1_
RE: POSSIBLE CONFLICT OF INTEREST RELATING TO
AGENDA ITEMS C 2016 -212, C 2016 -222, AND RESOLUTION
NO. 2016 -62, RELATING TO AN INTERGOVERNMENTAL
AGREEMENT WITH THE STATE OF HAWAII, DEPARTMENT
OF HEALTH FOR A LOAN FROM THE STATE WATER
POLLUTION CONTROL REVOLVING FUND FOR THE
HANAMA`ULU AND KAPAIA SEWAGE PUMP
STATIONS (SPS) RENOVATIONS, PROJECT NO. C150059 -23
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 C 2016 -212, C 2016 -222, and
Resolution No. 2016 -62, relating to an Intergovernmental Agreement with the State
Of Hawaii, Department Of Health for a loan from the State Water Pollution
Control Revolving Fund for the Hanamd'ulu And Kapaia Sewage Pump
Stations (SPS) Renovations, Project No. C150059 -23. I am recusing myself as these
items involve a "Wastewater Facilities Cost -Share Agreement between Ha`ili Moe,
Inc. and County of Kaua`i," which provides for a public- private partnership between
my employer, Grove Farm Company, Inc. and the County for renovation to the
County's existing Hanamd'ulu and Kapaia SPS. I am employed at Grove Farm
Company, Inc. as a Project Manager.
In light of the above, I will recuse myself from the aforementioned items at
the October 19, 2016 Council Meeting and any subsequent meeting thereafter
relating to these items.
;66E
AN EQUAL OPPORTUNITY EMPLOYER