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HomeMy WebLinkAbout1-20-17 Agenda PacketMary Tudela Chair Michael Curtis Vice -Chair Maureen Tabura Secretary COUNTY OF KAUA'I BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, January 20, 2017 1:00 p.m. or shortly thereafter Mo`ikeha Building, Liquor Conference Room 3 4444 Rice Street, Lilide, HI 96766 Members: Ryan de la Pena Calvin Murashige Brad Nagano Mia Shiraishi Oath of Officefor Ryan de la Pena, Maureen Tabura (reappointees) and Mia Shiraishi (new appointee) CALL TO ORDER APPROVAL OF MINUTES Open Session Minutes of December 16, 2016 COMMUNICATION BOE 2017-01 Memo dated 12/16/16 from Councilmember Arthur Brun to the County Council regarding a possible conflict of interest relating to Bill No. 2643 repealing Article 23 of Chapter 22 relating to Pesticides and Genetically Modified Organisms REOUEST FOR AN ADVISORY OPINION RAO 17-001 Request received 12/12/16 From Arthur Brun, Councilmember, as to whether there is a conflict of interest for him to participate in County Council proceedings and voting on Bill No. 2643 repealing Article 23 of Chapter 22 relating to pesticides and genetically modified organisms since he is also employed by Syngenta ROA 17-002 Request received 1/6/17 From Kunani Fu, Director of Housing, whether there is a conflict of interest under the Code of Ethics in holding the position as the Housing Director for KCHA and the granting of her request to waive the CFR 982.161 item 3, which "prohibits the tenancy of the unit if the owner is any public official, member of governing body, or State of local legislators, who exercise functions or responsibilities with respect to the program." An Equal Opportunity Employer DISCLOSURES 1. Thomas J. Canute (Board of Water Supply) 2. Kilipaki K.F. Vaughn (Deputy Fire Chief) 3. Jade K. Fountain-Tanigawa (County Clerk) 4. JoAnn A. Yukimura (County Council) 5. Paul N. Endo (Liquor Control Commission) 6. Laurie K. Ho (Board of Water) 7. Roy M. Morita (Police Commission) 8. Mia Shiraishi (Board of Ethics) 9. Sean M Mahoney (Planning Commission) EXECUTIVE SESSION Pursuant to H.R.S. §92-4, 92-9 (a)(1-4) (b), and §92-5 (a) (4), the purpose of this executive session is to receive and approve Executive Session minutes 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-001 Executive Session Minutes of December 16, 2016 RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES-001 ANNOUNCEMENTS Next Meeting: Friday, February 17, 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 1 P a g e Board of Ethics — January 20, 2017 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 Office of Boards & Commissions 4444 Rice Street, Suite 150 Lhu`e, HI 96766 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 1 P a g e Board of Ethics — January 20, 2017 COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: I BOARD OF ETHICS Meeting Date IDecember 16, 2016 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:02 p.m. End of Meeting: 1:56 p.m. Present Chair Ryan de la Pena; Vice Chair Mary Tudela; Secretary Maureen Tabura (1:03 p.m.). Members: Michael Curtis; Calvin Murashige Staff Deputy County Attorney Nicholas Courson; Boards & Commissions Office: Support Clerk Barbara Davis; Administrator Jay Furfaro Excused Member Brad Nagano Absent SUBJECT DISCUSSION ACTION Call To Order Chair de la Pena called the meeting to order at 1:02 p.m. with 5 members present. Executive Ms. Tudela moved to go into Executive Session Session at 1:02 p.m. Mr. Murashige seconded the motion. Attorney Courson stated 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 review and approve the final disposition of a complaint identified as BOE 16-002; to review departmental policies as related to a complaint identified as BOE 16-003, 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 for ES-016, ES-017 and ES-018. Board of Ethics Open Session December 16, 2016 Page 2 SUBJECT DISCUSSION ACTION Motion to go into Executive Session carried 4:0 Ms. Tabura entered the meeting at 1:03 p.m. Return to Open Ratify Board of Ethics actions taken in Executive Session for items: ES - 016; ES-017 and ES-018 Session Ms. Tudela moved to ratify items for ES-016; ES-017 and ES-018. Mr. Murashige seconded the motion. Motion carried 5:0 Approval of Regular Open Session Minutes of November 18, 2016 Minutes Ms. Tabura noted for the record that she was listed as present for the meeting but she was not in attendance. Mr. Curtis moved to accept the minutes with corrections. Ms. Tudela seconded the motion. Motion carried 5:0 Business BOE 2016-12 Election of Chair, Vice Chair and Secretary Mr. Murashige nominated and moved to ratify Mary Tudela for Chair. Mr. Curtis seconded the motion. Motion carried 5:0 Mr. Murashige nominated Mike Curtis for Vice Chair. Ms. Tabura seconded the motion. Motion carried 5:0 Ms. Tudela recommended that Maureen Tabura continue as Secretary. Mr. Murashige seconded the motion. Motion carried 5:0 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) Board of Ethics Open Session December 16, 2016 Page 3 SUBJECT DISCUSSION ACTION 7. Melvin F Rapozo (County Council) Mr. Kawakami needs to add his County salary to the income section and convert the number of shares shown to a percentage. Ms. Tudela moved to approve and deem complete Disclosures 1, 2, 4, 5, 6, & 7 and return Mr. Kawakami's to include County salary and percentage shares of ownership. Ms. Tabura seconded the motion. Motion carried 5:0 Announcements Mr. Furfaro said we are moving next year's standard training to the second quarter of the year (April, May, June). Mr. Furfaro then explained the number of commissioners being sought for the various new and on -going boards and commissions. We also have an opportunity to work with the Office of Hawaiian Affairs and the Native Hawaiian Legal Corporation for some training in January. We were only allocated 40 seats for the County so all Commissions did not necessarily get invitations until we got a better idea of how our RSVPs are working. We have 3 vacancies and today is the last day to identify who is going to be participating in that training. Mr. Furfaro asked if there were any Board members interested in participating in this event on Wednesday, January 11. Mr. Furfaro also announced that Barbara Davis is retiring at the end of this month. Cherisse Zaima will be assisting with the meeting(s) in the interim. Next Meeting: Friday, January 20, 2017 — 1:00 p.m. Adjournment Chair de la Pena adjourned the meeting at 1:56 p.m. Submitted by: Barbara Davis, Staff Support Clerk Reviewed and Approved by: Ryan de la Pena, Chair Board of Ethics Open Session December 16, 2016 Page 4 ( ) Approved as circulated. ( ) Approved with amendments. See minutes of meeting. COUNTY COUNCIL Mel Rapozo, Chair Ross Kagawa, Vice Chair Arthur Brun Mason K. Chock Arryl Kaneshiro Derek S.K. Kawakami JoAnn A. Yukimura Council Services Division 4396 Rice Street, Suite 209 Lihu`e, Kauai, Hawaii 96766 MEMORANDUM December 16, 2016 TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: Arthur Brun, Councilmember A. OFFICE OF THE COUNTY CLERK Jade K. Fountain-Tanigawa, County Clerk Scott K. Sato, Deputy County Clerk Telephone: (808) 241-4188 Facsimile: (808) 241-6349 E-mail: cokcouncil@kauai.gov l DEC 2 1 2016 RE: POSSIBLE CONFLICT OF INTEREST RELATING TO BILL NO. 2643, REPEALING ARTICLE 23 OF CHAPTER 22, RELATING TO PESTICIDES AND GENETICALLY MODIFIED ORGANISMS 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 regarding Bill No. 2643, repealing Article 23 of Chapter 22, relating to pesticides and genetically modified organisms. On December 12, 2016, I sent a request to the Board of Ethics to inquire as to any conflict that may exist regarding my participation in Bill No. 2643 because I am an employee of Syngenta Seeds on Kauai. I have been notified that my request will not appear on the Board of Ethics' agenda until January 20, 2017. In light of the above, I will recuse myself from the aforementioned item until I receive a response from the Board of Ethics. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. JA:lc cc: January 12, 2017 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff AN EQUAL OPPORTUNITY EMPLOYER J� COUNTY COUNCIL Mel Rapozo, Chair Ross Kagawa, Vice Chair Arthur Brun Mason K. Chock Arryl Kaneshiro Derek S.K. Kawakami JoAnn A. Yukimura Council Services Division 4396 Rice Street, Suite 209 LYhu`e, Kauai, Hawaii 96766 December 12, 2016 Ryan de la Pena, Chairperson and Members of the Board of Ethics c/o Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu`e, Hawaii 96766 Dear Chair de la Pena and Members of the Board of Ethics: OFFICE OF THE COUNTY CLERK Jade K. Fountain-Tanigawa, County Clerk Scott K. Sato, Deputy County Clerk Telephone: (808) 2414188 Facsimile: (808) 241-6349 E-mail: cokcouncil@kauai.gov L C� d , I�= U; DEC 12 2016 I BoAr": I v0M1V1ISSk,4 t I am writing to request that the Board of Ethics provide me with an advisory opinion regarding my participation in County Council proceedings and voting on Bill No. 2643, repealing Article 23 of Chapter 22, relating to pesticides and genetically modified organisms (See Enclosed). By way of background, SECTION 1 of Bill No. 2643 lists the following findings and purpose: "The Kauai County Council finds that by Judgment issued in Syngenta Seeds. Inc., et al. v. County of Kauai, Civ. No. 14-00014 BMK (D. Haw. filed Aug. 25, 2014), the Court declared Ordinance No. 960, codified as Chapter 22, Article 23 of the Kauai County Code 1987, as amended, "is preempted by state law and is therefore invalid." On November 18, 2016, the District Court's Judgment was affirmed by the United States Court of Appeals for the Ninth Circuit in Syngenta Seeds, Inc., et al. v. County of Kauai et al , No. 14-16833, D.C. No. 1:14-cv-00014-BMK. Accordingly, the purpose of this Bill is to repeal the invalid law." In addition to my service as a Councilmember, I am an employee of Syngenta on Kauai, and have been so employed since 2004. However, neither I nor any member of my immediate family is "an owner, officer, executive director or director of Syngenta (Subsection 20.04.B. of the Kauai County Charter). Additionally, the law that would potentially be repealed, Chapter 22, Article 23 of the Kauai County Code 1987, as amended, has already been invalidated by the United States Court of Appeals for the Ninth Circuit and the County Council's action in effectuating the formal repeal would simply remove the already invalid law from the Code. kA0 /9-00 1 AN EQUAL OPPORTUNITY EMPLOYER Chair de la Pena and Members of the Board of Ethics Re: Advisory Opinion December 12, 2016 Page 2 Please note that the tentative Council schedule for Bill No. 2643 is: December 14, 2016 First Reading, January 12, 2017 Public Hearing, January 19, 2017 Committee Meeting, and January 25, 2017 Second and Final Reading. Accordingly, an expedited response at your earliest convenience would be greatly appreciated. Thank you for your consideration and assistance in this matter. Should you need additional information, you may contact me at my Council Office at (808) 241-4188. You may also send any correspondence to me at the Office of the County Clerk, Council Services Division, whose address is listed above. Thank you for your attention to this matter. Sincerely, ARTHUR BRUN Councilmember, Kauai County Council JA:cy Enclosure ORDINANCE NO. BILL NO. A BILL FOR AN ORDINANCE TO AMEND THE KAUVI COUNTY CODE 1987, AS AMENDED, BY REPEALING ARTICLE 23 OF CHAPTER 22, RELATING TO PESTICIDES AND GENETICALLY MODIFIED ORGANISMS BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUA`I, STATE OF HAWAPI: SECTION 1. Findings and purpose. The Kauai County Council finds that by Judgment issued in Syngenta Seeds. Inc., et al. v. County of Kauai, Civ. No. 14-00014 BMK (D. Haw. filed Aug. 25, 2014), the Court declared Ordinance No. 960, codified as Chapter 22, Article 23 of the Kauai County Code 1987, as amended, "is preempted by state law and is therefore invalid." On November 18, 2016, the District Court's Judgment was affirmed by the United States Court of Appeals for the Ninth Circuit in Syngenta Seeds. Inc., et al. y County of Kauai et al., No. 14-16833, D.C. No. 1:14-cv-00014-BMK. Accordingly, the purpose of this Bill is to repeal the invalid law. SECTION 2. Chapter 22, Article 23 of the Kauai County Code 1987, as amended, is hereby repealed in its entirety. SECTION 3. In place of the repealed Chapter 22, Article 23 of the Kauai County Code 1987, as amended, Article 23 shall be designated as reserved. SECTION 4. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. SECTION 5. This Ordinance shall take effect upon its approval. Introduced by: MEL RAPOZO 2 ROS KAGAWA DATE OF INTRODUCTION: Lihu`e, Kauai, Hawaii V:\BILLS\2016-2018 TERM\Repeal KCC Ch 22 Art 23 Ord 960 JA_dmc.docx Proposed Draft Bill (No. 2643) January 5, 2017 Kanani Fu 4972 Laukona Street Lihue, HI 96766 County of Kauai Office of Boards & Commissions Board of Ethics 4444 Rice Street, Suite 150 Lihue, HI 96766 Dear Board of Ethics members, Ev,, JAN _ 6 ji, 2oi7 BOARDS' & 00110MiSSlot-1s I am the sole care giver to my father, who suffers from ongoing medical and health problems. As a United States Veteran, my father receives a housing voucher from the Department of Veterans Affairs (VA) under the VASH Program. Due to his health and need for ongoing medical care, it is in my father's best interest that he resides with me so I can care for him. My father's housing voucher would come to me as payment to offset his living costs. The VA supports this as I can provide my father with a stable living situation and at the same time provide him with ongoing care. In the State of Hawaii, the VASH Program is administered through a partnership between the VA and the State Hawaii Housing Public Authority (HPHA). Because HPHA is located on Oahu, HPHA contracts certified Housing Authorities (HA) on the outer islands to administer the VASH Program. On Kauai, HPHA contracts the Kauai County Housing Agency (KCHA), as it is the only certified HA in this County. Under this partnership, HPHA pays KCHA an administrative fee to administer the rent voucher. KCHA does not influence the policies of the VASH Program, determine the program participants, or the set the voucher amounts because the VASH Program rests under the authority of HPHA. As the Housing Director of KCHA, I oversee and approve administrative facets pertaining to KCHA and its programs. The VASH Program is not one of KCHA's programs per se, but a program under the authority of a separate entity. I have requested and have received a waiver by the Housing Choice Voucher (HCV) Program Manager from CFR 982.161 item 3, which "prohibits the tenancy of the unit if the owner is any public official, member of a governing body, or State of local legislators, who exercises functions or responsibilities with respect to the program." I am requesting an advisory opinion on whether I have a conflict of interest under the Code of Ethics in holding the position as the Housing Director for KCHA and the granting of my request to waive CFR 982.161 item 3. Ultimately, I want to ensure that by accepting my father's housing voucher for the VASH program, I am free of any conflicts of my professional capacity. For your consideration, I have attached a letter from me to the HCV Program Manager dated 12/27/2017 requesting a waiver and a response letter to me dated 12/28/2018 that grants my request. Sincerely, A I 4z_ e Kanani Fu attach �002- December 27, 2016 Kanani Fu 4972 Laukona Street Lihue, HI 96766 Kauai County Housing Agency Housing Choice Voucher Rental Assistance Bricen Moritsugu, HCV Program Manager 4444 Rice Street, Suite 330 Lihue, HI 96766 Dear Mr. Moritsugu, COUNIF Y UAI FIousl' uG' 16 DEC 28 P 3 :22 r� I AckLv_ — On Wednesday 12/21/2016, my father, Donald Kagawa, was involved in a motor vehicle accident as a pedestrian struck by a moving vehicle. As a result, Donald sustained a fractured hip, internal bleeding due to trauma and overall body contusions. He has since undergone 2 surgeries, a hip fracture repair and a laparotomy. Dependent on his recovery progress, Donald may require additional surgical procedures. As a result of this accident, Donald will require ongoing medical attention, home health services, and caregiver services to recover and to stay alive. Donald is a United States Veteran and can receive medical and social services assistance from the Department of Veterans Affairs. One type of assistance is a Housing Voucher through the VASH program that will provide him with a rental subsidy. The Veterans Affairs will allow for Donald to utilize his rental subsidy and reside with me as I am (and has always been) his sole care giver. Consequently, without a place of residence, Donald will not be able to receive the ongoing medical attention and home health services that the Veterans Affairs is able to provide and he will not recover. In my capacity and the Housing Director, I oversee the administrative facets pertaining to the Housing Agency, its programs, and its employees. The Housing Agency is structured that Division Managers, such as yourself, manage and administer the program. And though I oversee the Housing Agency, I do not consider my role as an influence of the Housing programs mainly because the Housing Agency programs are administered using Federal guidelines and Administrative Rules that have been adopted through public hearings and approved by our elected officials including the Kauai County Council and the Mayor. Taking all of the above into consideration, I would like to request a waiver of 24 CFR 982.161 item 3. which "prohibits the tenancy of the unit if the owner is any public official, member of a governing body, or State or local legislators, who exercises functions or responsibilities with respect to the programs." In the pass, the County Housing Agency, through the approval of the Housing Choice Voucher Program Manager, has granted such waivers. Shall my request be granted by you, the Manager, I will then pursue an advisory opinion from the County of Kauai Board of Ethics Commission on whether I have a conflict of interest under the Code of Ethics. Thank you for your consideration. Sinc rely, i Kanani Fu Bernard P. Carvalho, Jr. Mayor Wallace G. Rezentes, Jr. Managing Director Kanani Fu 4972 Laukona Street Lihue, HI 96766 cqY of OF 0 KAUA`I COUNTY HOUSING AGENCY Rental Assistance Division County of Kauai, State of Hawaii Pi`ikoi Building 4444 Rice Street Suite 336 L'giu`e Hawaii 96766 TEL(808)2414440 FAX(B08)241-5119 December 28, 2016 Re: REQUEST TO WAIVE 24 CFR 982.161 ITEM 3 PERTAINING TO THE HOUSING CHOICE VOUCHER PROGRAM Dear Ms. Fu, Kanani Fu Housing Director JAN _ _J In response to your request dated December 27, 2016, to waive 24 CFR 982.161 Item 3 pertaining to the Housing Choice Voucher Program, I have taken into consideration the Program's Administrative Plan Federal regulations governing the Housing Choice Voucher (HCV) Program, and the reference material from our training provider Nan McKay & Associates (NMA) in rendering the following decision: Your father, Donald Kagawa, is eligible for a Veterans Affairs Supportive Housing (VASH) voucher and will not be utilizing a Housing Choice Voucher approved by the Kauai County Housing Agency (Housing Agency). Firstly, we recognize that Mr. Kagawa is not a regular HCV voucher holder through the Housing Agency, but rather a VASH voucher holder though the US Department of Veterans Affairs (VA). Secondly, the VASH Program is a partnership between the VA and the US Department of Housing & Urban Development (HUD) aimed at providing rental subsidy assistance to eligible veterans. In Hawaii, VASH voucher holders are under the authority of the State of Hawaii Public Housing Authority (HPHA) located on Oahu. Due to our State's unique makeup of islands, HPHA partners with County Housing Agencies to administer the VASH voucher. Once HPHA approves a VASH voucher, the County Housing Agencies then administers the voucher. HPHA reimburses the County Housing Agencies for administrative fees pertaining to the VASH voucher on HPHA's behalf. Based on the above, I do not consider the Housing Director to have an influence on the policies of the VASH Program because it is under the authority of HPHA and not the Housing Agency. In addition, the Housing Agency is structured such that program policy and decisions including day-to-day operations fall under the prevue of the respective Division Managers. In conclusion, in considering the aforementioned and a review of the information presented, I am inclined to grant your request to waive 24 CFR 982.161 Item 3 upon you receipt of a "No Conflict" Advisory Opinion from the Kauai County Board of Ethics. Sincerely, Bricen Moritsugu Housing Choice Voucher Program Manager An Equal Opportunity Employer