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Home My WebLink About2016_1021_Notice_AgendaRyan de la Pena Chair Mary Tudela Vice -Chair Maureen Tabura Secretary COUNTY OF KAUA'I BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, October 21, 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 -010 Executive Session Minutes of September 16, 2016 Executive Session Minutes of September 30, 2016 ES -011: BOE 16 -002 Formal Hearing for 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 -012: 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. Request to the HR Director or HR Manager to share County hiring policies and procedures and clarify if there is a policy on nepotism RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES -010, ES- 011and ES -012 APPROVAL OF MINUTES Open Session Minutes of September 16, 2016 Open Session Minutes of September 30, 2016 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 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 BUSINESS BOE 2016 -10 Review and discussion of revision to the Board of Ethics Financial Disclosure Form as proposed at the September 16, 2016 meeting (Ongoing) 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) ANNOUNCEMENTS Next Meeting: Friday, November 18, 2016 — 1:00 p.m., Mo`ikeha Building, Liquor Conference Room ADJOURNMENT 2 1 P a g e Board of Ethics — October 21, 2016 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 BLIC 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 naive 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 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 -- October 21, 2016 COUNTY OF KAUAI Minutes of Meeting OPEN SESSION gH'AFT1T�o� ft An ; Board /Committee: BOARD OF ETHICS Meeting Date I September 16, 2016 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. End of Meeting: 2:39 p.m. Present Chair Ryan de la Pena; Vice Chair Mary Tudela; Secretary Maureen Tabura. Member: Michael Curtis Staff: Deputy County Attorney Nicholas Courson; Boards & Commissions Office: Support Clerk Barbara Davis Excused Members: Calvin Murashige; Brad Nagano Absent SUBJECT DISCUSSION ACTION Call To Order Chair de la Pena called the meeting to order at 1:00 p.m. with 4 members present which constitutes a quorum. Request to Staff stated there was a need to have a motion to amend the agenda to Amend the clarify and consult with Legal Counsel as pertains to information given to Agenda the Board at their August 26`h meeting as pertains to ES -004: BOE 16 -002 Mr. Curtis so moved. Ms. Tabura seconded the motion. Motion carried 4:0 Approval of Regular Open Session Minutes of August 26, 2016 Ms. Tabura moved to approve the minutes as Minutes circulated. Mr. Curtis seconded the motion. Motion carried 4:0 Executive Attorney Courson said he called OIP (Office of Information Practices) Session noting that previous board members disliked reading the purpose for the Executive Session in its entirety and wanted an abbreviated version. OIP b said there is nothing written but the key thing is it is important to give a description as much as you can of what you are going into Executive for and give the justification for it in the minutes. The way he has been doing it does not quite accomplish that goal so the easiest thing to do is the practice of all other Boards and have the Attorney read it. Also the proper thing to do is to read the provisions and then vote (to go into Executive). Attorney Courson read the provisions: Pursuant WAC Board of Ethics Open Session September 16, 2016 Page 2 SUBJECT DISCUSSION ACTION 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 -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 Additionally, 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 Board of Ethics Open Session September 16, 2016 Page 3 SUBJECT DISCUSSION ACTION 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) as pertains to information given by legal counsel to the Board at their August 26`h meeting. Mr. Curtis moved to go into Executive Session at 1:05 p.m. Ms. Tudela seconded the motion. Motion carried 4:0 Return to Open Ratify Board of Ethics actions taken in Executive Session for items: ES -006 and ES -007 Session Ms. Tudela moved to ratify the decisions made in Executive Session. Mr. Curtis seconded the motion. Motion carried 4:0 Business BOE 2016 -10 Review and discussion of any necessary revisions to the Board of Ethics Financial Disclosure Form Ms. Tudela said after a lengthy discussion last time what they ended up with was the fact that things listed in Business Interests do not indicate an income for that business interest in Section III. If we want to fix it we can change the form in one of two ways. Either put a note at the top of Section IV that says any income over $1,000 with any of these interests must be listed in Section III. If there is no income please briefly explain why. Or you can do the inverse of that and in Section III say include all income above $1,000 including any listing of business interests in Section IV. Mr. Curtis and Mr. de la Pena concurred. Ms. Tudela moved to include in Section III all pincome above $1,000 from business interests. Ms. Tabura seconded the motion. Motion carried 4:0 Board of Ethics Open Session September 16, 2016 Page 4 SUBJECT DISCUSSION ACTION Disclosures 1. Mark L. Bradbury (County Attorney's Office) 2. Sean M. VanDemark (Prosecuting Attorney's Office) Mr. Curtis moved to receive disclosures 1 and 2 and deem them complete. Ms. Tabura seconded the motion. Motion carried 4:0 Announcements Next Meeting: Special Meeting on Friday, September 30, 1:00 p.m. in Meeting Room 2 A/B Next Regular Meeting: Friday, October 21, 2016, 1:00 p.m. in the Liquor Conference Room Adjournment Meeting was adjourned at 2:39 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 OF KAUAI Minutes of Meeting OPEN SESSION oRfit i� I c�uu�u��l Board /Committee: I BOARD OF ETHICS SPECIAL MEETING Meeting Date September 30, 2016 Location Mo`ikeha Building, Meeting Room 2 A/B Start of Meeting: 1:05 p.m. I End of Meeting: 1:54 p.m. Present Chair Ryan de la Pena; Vice Chair Mary Tudela; Secretary Maureen Tabura. Members: Calvin Murashige; Brad Nagano Staff: Deputy County Attorney Teresa Tumbaga; Boards & Commissions Office: Support Clerk Barbara Davis; Administrator Jay Furfaro; Excused Absent Member Michael Curtis 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 Tumbaga read: Pursuant to Session 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 w meeting, an open meeting shall be held; and to consult with the Board's legal counsel on issues S 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 -007: BOE 16 -003 Complaint received 8i 15' 16 alleging an employee or officer of the Board of Ethics Open Session September 30, 2016 Page 2 SUBJECT DISCUSSION ACTION 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 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 Mr. Murashige moved to go into Executive Session at 1:06 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 -007 Ms. Tabura moved to ratify the Board's actions Session on ES -007. Mr. Nagano seconded the motion. Motion carried 5:0 Announcements Meetings: Monday, October 17, 2016, 1:00 p.m. -- Meeting Room 2 A/B Friday, October 21, 2016, 1:00 p.m. — Liquor Conference Room Adjournment Chair de la Pena adjourned the meeting at 1:54 —t -- -p.m' - - Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Ryan de la Pena, Chair () Approved as circulated. () Approved with amendments. See minutes of meeting. COUNTY COUNCIL Mel Rapozo, Chair Ross Kagawa, Vice Chair Mason K. Chock Gary L. Hooser Arryl Kaneshiro KipuKai Kuali`i JoAnn A. Yukimura 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 Council Services Division 4396 Rice Street, Suite 209 Lthu`e, Kauai, Hawaii 96766 I i k C MEMORANDUM I September 8, 2016 SEP 1 2 2016 TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: Arryl Kaneshiro, Councilmember �K RE: POSSIBLE CONFLICT OF INTEREST RELATING TO AGENDA ITEM C 2016 -192 AND BILL NO. 2637, A BILL FOR AN ORDINANCE AMENDING ORDINANCE 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 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 -192 and Bill No. 2637, A Bill For An Ordinance Amending Ordinance 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. I am recusing myself as the Bill would appropriate funding in the Office of Economic Development — Grant -In -Aid, for Special Events Security for the K61oa Plantation Days Parade, and I am a Board Member and Parade Coordinator for the K51oa Plantation Days event. 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. YS:lc cc: September 21, 2016 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff j5 OE Ao /b -l/ AN EQUAL OPPORTUNITY EMPLOYER KAUAI COUNTY BOARD OF ETHICS 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) (1\/Iiddle) (Last) Name of spouse: 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: I am an Elected or Appointed official for Kauai County: I am an Appointed member of a Board or Commission: (Name of Public Office) (Position Title) (Name of Board or Commission) II. EMPLOYMENT — List all employment other than County employment (including part -time) Employer Position III. CURRENT ANNUAL INCOME — List all sources and amounts of income greater than $1,000 (i.e. business interest from Section IV, wages, income from rental or real estate, loan repayments, stock dividends, interest on savings or bonds, retirement income, social security, etc) including your County of Kauai income. Source (Required: name of company) Current Annual Income (Use the appropriate Letter Code from the instruction sheet': 46 . oC C�oJ6 -/0 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 VI. CREDITORS — List the name of every person, business, organization, or corporation (excluding credit cards) to whom you owe money. VII. REAL PROPERTY — List the street address or tax map key number of any real estate in which you have an interest. (Pursuant to the Constitution of the State of Hawaii, Article XM 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 of person, company, etc. Board /Commission /Agency Year I1. CREDITOR INTEREST IN INSOLVENT BUSINESSES List the name of any insolvent business which owes money to you. Z. CERTIFICATION — NILIST BE SIGNED IN FRONT OF A NOTARY Pt TBLIC I hereby certify 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 make full disclosure of the conflict of interest and shall not participate in said matter. Signature Document Date: Document Description: Notary Name: # Pages: Subscribed and sworn before me this day of. Notary Public, State of Hawaii My Commission E.%pires. _Circuit 20