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Home My WebLink About2016_1216_Notice_AgendaRyan de la Pena Chair Mary Tudela Vice -Chair Maureen Tabura Secretary COUNTY OF KAUAI BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, December 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 Members: Michael Curtis Calvin Murashige Brad Nagano 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 -016 Executive Session Minutes of November 18, 2016 ES -017: BOE 16 -002 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. Review and approval of final disposition of Complaint ES -018: 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 (Ongoing) a. Review of departmental policies from Chief Westerman An Equal Opportunity Employer (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 -016, ES -017 and ES- 018 APPROVAL OF MINUTES Open Session Minutes of November 18, 2016 BUSINESS BOE 2016 -12 Election of Chair, Vice Chair and Secretary DISCLOSURES 1. Arthur James Brun (County Council) 2. Scott Kiichi Sato (Deputy County Clerk) 3. Derek SK Kawakami (County Council) 4. Mason Kamalani Chock (County Council) 5. Ross Kiyoshi Kagawa (County Council) 6. Arryl Jordan Kaneshiro (County Council) 7. Melvin F Rapozo (County Council) ANNOUNCEMENTS Next Meeting: Friday, January 20, 2017 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. 21Pabe Board of Ethics — December 16, 2016 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 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 - December 16, 2016 9, RA F�T�T B� W �e � COUNTY OF KAUAI � Minutes of Meeting OPEN SESSION Board /Committee: BOARD OF ETHICS Meeting Date November 18, 2016 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. End of Meeting. 1:18 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 1:00 p.m. with 5 members present. Executive Attorney Courson stated Pursuant to H.R.S. 592 - 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 O charges have been alleged against an employee or officer where consideration of matters P affecting privacy will be involved, provided that if the individual concerned requests an open meeting, an open meeting shall be held; and to OQ 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, U deliberate and take such action as appropriate for ES -013, ES -014 and ES -015. Board of Ethics Open Session November 18, 2016 Page 2 SUBJECT DISCUSSION ACTION Ms. Tudela moved to go into Executive Session at 1:01 p.m. Mr. Nagano seconded the motion. Motion carried 5:0 Return to Open Ratify Board of Ethics actions taken in Executive Session for items: ES- Mr. Nagano moved to ratify the Board's actions Session 013, ES -014 and ES -015 taken in Executive Session. Mr. Murashige seconded the motion. Motion carried 5:0 Approval of Open Session Minutes of October 17, 2016 Mr. Nagano moved to approve the minutes as Minutes circulated. Ms. Tudela seconded the motion. Motion carried 5:0 Open Session Minutes of October 21, 2016 Ms. Tudela moved to approve the minutes as circulated. Mr. Murashige seconded the motion. Motion carried 5:0 Communication BOE 2016 -12 Memorandum dated 10/19/16 from Councilmember Agyl 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 intergovennnental 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 Mr. Murashige moved to receive the communication. Ms. Tudela seconded the motion. Motion carried 5:0 Disclosures 1. Kipukai L.P. Kuali'i (Councilmember) 2. Mahealani M. Krafft (Deputy County Attorney) 3. Teresa F. Tuimbaga (Deputy County Attorney) Ms. Tudela moved to receive Disclosures 2 and 3 and deem them complete with Disclosure 1 being incomplete for blank areas. Mr. Murashige seconded the motion. Staff made a note that by the December meeting Mr. Kuali'i would no Board of Ethics Open Session November 18, 2016 Page 3 SUBJECT DISCUSSION ACTION longer be in office. Motion carried 5:0 Announcements Mr. Furfaro noted there would soon be a full Commission with Mia Shiraishi awaiting Council confinnation and Mr. Nagano agreeing to hold over for 90 days. Next Meeting: Friday, December 16, 2016 — 1:00 p.m. Adjournment Ms. Tudela moved to adjourn the meeting at 1:18 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