HomeMy WebLinkAbout2016_0916_Minutes Open_APPROVEDCOUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Approved as circulated 10/21/16
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.
I 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 26th 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
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
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
Board of Ethics
Open Session
September 16, 2016 Page 2
SUBJECT
DISCUSSION
ACTION
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
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
Board of Ethics
Open Session
September 16, 2016 Page 3
SUBJECT
DISCUSSION
ACTION
pertains to information given by legal counsel to
the Board at their August 26th 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
income above $1,000 from business interests.
Ms. Tabura seconded the motion. Motion
carried 4:0
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
Board of Ethics
Open Session
September 16, 2016
Page 4
SUBJECT
DISCUSSION
ACTION
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
O Approved as circulated.
O Approved with amendments. See minutes of
Reviewed and Approved by:
meeting.
Ryan de la Pena, Chair