HomeMy WebLinkAbout2017_0519_BOE_PacketMary Tudela
Chair
Michael Curtis
Vice -Chair
Maureen Tabura
Secretary
COUNTY OF KAUA'I BOARD OF ETHICS
NOTICE OF MEETING AND AGENDA
Friday, May 19, 2017
1:00 p.m. or shortly thereafter
Mo`ikeha Building, Liquor Conference Room 3
4444 Rice Street, Lihu'e, HI 96766
CALL TO ORDER
APPROVAL OF MINUTES
Open Session Minutes of April 21, 2017
COMMUNICATION
RECEIVED
Members:
Susan B ss _9 All ,07
Ryan dePeii'd
Calvin Murashige
Mia ShiraishiOrFiC€ OF
I E COUNTY CLERK
CbUNTY OF KAUM
BOE 2017-08 Copy of a memorandum dated April 25, 2017 from Mason K.
Chock, Councilmember to Council Chair Mel Rapozo and
Members of the Kauai County Council regarding a possible
conflict of interest relating to Resolution No. 2017-33, Resolution
authorizing the filing of the Kauai County 2017 Action Plan
(Community Development Block Grant) with the Department of
Housing and Urban Development, United States of America, for a
grant under Title 1 of the Housing and Community Development
Act of 1974 and 1987 (Public Laws 93-383 and 100-242), as
amended.
BOE 2017-09 Email follow-up from Chief of Police Darryl D. Perry and Deputy
County Attorney Peter Morimoto requesting citation of the specific
section and language in which the decision was based for RAO 17-
006.
BUSINESS
BOE 2017-10 Commissions practice on Request for an Advisory Opinion
decision citations discussion.
An Equal Opportunity Employer
DISCLOSURES
1. Wade Larry Lord (Planning Commission)
2. Linda Kaauwai-Iwamoto (Fire Commission)
3. Henry Ramsey Ross (Deputy Prosecuting Attorney)
4. Nicholas Courson (Deputy County Attorney)
ANNOUNCEMENTS
Next Meeting: Friday, June 16, 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 Board 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.
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: Sandra Muragin
Office of Boards & Commissions
4444 Rice Street, Suite 150
Lihu`e, HI 96766
Email: smuragin@kauai.gov
2 1 P a e
Board of Ethics — May 19, 2017
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.
31Pa-,c
Board of Ethics -- May 19, 2017
COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
±=W,T(
:TUM
Board/Committee:
BOARD OF ETHICS
Meeting Date
April 21, 2017
Location
Mo`ikeha Building, Liquor Conference Room 3
Start of Meeting: 1:02 p.m.
I End of Meeting: 1:38 p.m.
Present
Chair Mary Tudela; Vice Chair Michael Curtis; Secretary Maureen Tabura. Members: Susan Burriss. Ryan de la Pena; Calvin
Murashige; Mia Shiraishi
Staff. Mayor's Chief of Staff Paula Morikami, Deputy County Attorney Sinclair Salas-Ferguson; Boards & Commissions Office:
Commission Support Clerk Sandra Muragin
Excused
Absent
SUBJECT
DISCUSSION
ACTION
Call To Order
Chair Tudela called the meeting to order at 1:02
p.m. with 7 members present.
RAO 17-007 Verbal request from Administrator Jay Furfaro of The Office
of Boards and Commissions requesting guidance in clarifying the Kauai
County Board of Ethics Disclosure Statement requirements as it pertains to
disclosing income from stock sales and real property.
Chair Tudela asked to move item RAO 17-007 to an administrative sub -
hearing or defer for discussion because the Board of Ethics is not inclined to
take verbal requests. Deputy County Attorney Sinclair Salas-Ferguson
stated that he is filling in for Deputy County Attorney Nicholas Courson and
Paula Morikami, Mayor's Chief of Staff, has declined to speak on the issue.
He referred to the Board of Ethics Rules and Regulations, Rule 5: Advisory
Opinion, b., "All requests for advisory opinions made to the Board shall be
in writing... "
Mr. Murashige moved to defer RAO 17-007.
Mr. de la Pena seconded the motion. Motion
carried 7:0.
Board of Ethics
Open Session
April 21, 2017
Page 2
SUBJECT
DISCUSSION
ACTION
Approval of
Minutes
Regular Open Session Minutes of March 17, 2017
Mr. de la Pena moved to approve the Open
Session Minutes of March 17, 2017. Mr.
Murashige seconded the motion. Motion carried
6:1 (Ms. Burris Abstained)
Communication
BOE 2017-05 Copy of a memorandum dated March 21, 2017 from Amyl
Mr. Murashige moved to receive the
communication. Mr. Curtis seconded the motion.
Motion carried 7:0
-
Ms. Tabura moved to receive the
communication. Mr. Murashige seconded the
motion. Motion carried 7:0
Mr. de la Pena moved to receive the
communication. Ms. Tabura seconded the
Kaneshiro, Councilmember to Council Chair Mel Rapozo and Members of
the Kauai County Council regarding his recusal for a possible conflict of
interest relating to Bill No. 2645, the Mayor's Proposed Operating Budget
for Fiscal Year 2017-2018 regardingthe he appropriations for the East Kauai
Soil & Water Conservation district.
Mr. Salas-Ferguson read the communication for the record.
BOE 2017-06 Copy of a memorandum dated March 21, 2017 from Arryl
Kaneshiro, Councilmember to Council Chair Mel Rapozo and Members of
the Kauai County Council regarding his recusal for a possible conflict of
interest relating to Bill No. 2645, the Mayor's Proposed Operating Budget
for Fiscal Year 2017-2018 regardingthe he appropriations for Grove Farm
Company, Inc.
Mr. Salas-Ferguson read the communication for the record.
BOE 2017-07 Copy of a memorandum dated March 17, 2017 from JoAnn
A. Yukimura, Councilmember to Council Chair Mel Rapozo and Members
of the Kauai County Council regarding her recusal for a possible conflict of
interest relating to Bill No. 2645, the Mayor's Proposed Operating Budget
for Fiscal Year 2017-2018 regardingthe he appropriations for the Boys & Girls
Club.
Mr. Salas-Ferguson read the communication for the record.
Board of Ethics
Open Session
April 21, 2017
Page 3
SUBJECT
DISCUSSION
ACTION
motion. Motion carried 7:0
Request for an
RAO 17-006 Letter dated March 2, 2017 from Chief of Police Darryl D.
Perry requesting to review copy of a letter and application dated February 9,
Advisory
2017 from Ms. Vykkv Gamble, EAH Housing Property Supervisor seeking
Opinion
applicants for the Resident Police Officer Program at Kaniko'o 11 and
determine if it violates the County of Kauai Code of Ethics.
Assistant Police Chief Rob Gausepohl said changes were made to the
original tenancy agreement. He said the resident Police Officer program has
also been arranged with Pa'anau Village in K61oa and Kalepa Village in
Hanamd'ulu and it benefits the community and Police Department.
Mr. Murashige moved there is a conflict. Ms.
Tabura seconded the motion.
Chair Tudela asked Mr. Gausepohl how many resident Police Officer
programs are on island. Mr. Gausepohl said he couldn't confirm how many
resident police officers are in these housing projects under the rent without
paying arrangement.
Mr. Murashige asked if these other arrangements came before the Board of
Ethics and Mr. Gausepohl responded he didn't know.
Ms. Shiraishi asked for clarification because it states the resident Officer has
no responsibility but if they see something do they have an obligation to
respond. Mr. Gausepohl said they are not to act as security for the facility.
The housing project wants an Officer with a police car in the parking lot for
visibility. The agreement is clear that it is not between the County of Kauai
it's between the Police Officer in good standing and the housing project.
Theoretically, Ms. Shiraishi said, they could get a pool of applicants that do
not have a patrol car and would have to select from that pool. Mr.
Gausepohl agreed that a Police Officer without a patrol car could fill this
resident program.
Board of Ethics
Open Session
April 21, 2017
Page 4
SUBJECT
DISCUSSION
ACTION
Mr. Murashige asked if it was fair to assume from an income standpoint that
any Police Officer would not qualify to be a resident there. Mr. Gausepohl
did not know the particulars on income qualification.
Chair Tudela stated that based on the Board of Ethics Code it clearly states
no gifts, nor can they benefit from their position in any way.
Mr. Murashige said he understands how the presence of a resident Police
Officer would benefit the project but in a normal process the Police Officer
due to income would not qualify.
Ms. Shiraishi said the Kauai Police Department has contracts with private
businesses to hire Police Officers and asked if this is something the housing
project could contract. Mr. Gausepohl replied that they probably do not
have the budget for it.
Deputy County Attorney Peter Morimoto assigned to service the Police
Department directed the Board to The Charter, Section 20.02 A. and E. and
read "No officer or employee of the county shall: Solicit, accept, or receive,
directly or indirectly, any gift, whether in the form of money, service, loan,
travel, entertainment,... or in any other form, under circumstances in which
it can reasonably be inferred that the gift is intended to influence the officer
or employee in the performance of the officer or employee's official duties
or is intended as a reward for any official action on the officer or
employee's part. " He said no action will be taken in the Officer's official
capacity and there is no reward for taking any action, it's giving free rent
and the Officers presence on the premises.
Mr. Murashige and Mr. Curtis both agreed that the Officer would be taking
action by being a resident. The Officer would be occupying the apartment
in exchange for free rent. Mr. Morimoto referenced and read if "the gift is
Board of Ethics
Open Session
April 21, 2017
Page 5
SUBJECT
DISCUSSION
ACTION
intended to influence the officer or employee in the performance of the
officer or employee's official duties or is intended as a reward for any
official action on the officer or employee's part. " He doesn't see what the
official action is because the Officer would be off duty when he returns to
the resident apartment.
Mr. Gausepohl shared that at times when officially off duty he has assisted
several incidences and received no benefits and as a Police Office it's
expected by the Community that they act and perform to protect the public
all the times.
Chair Tudela asked if Pa'anau Village and Kalepa Village had the same
Resident Police Officer Program agreement and both Mr. Gausepohl and
Mr. Morimoto did not know. Mr. Morimoto stated he did not draft the
agreement he made corrections to their standard agreement.
Mr. Salas-Ferguson read the following and recommended the Board use one
of the sub -sections to make their decision:
• The Charter Section 20.02 E.
• A Guide to Ethical Issues in the Kauai County Government
1. Article 1, Section 3-1.6 & County of Kauai, Article XX,
Section 20.02 E. A.
2. Section 3-1.1. Construction
3. Section 3-1.4 Gifts (a) and (b)
4. Section 3-1.6 Fair Treatment (a) (1), (2), (3), (4)
Mr. Curtis that stated it appears the Police Officer would receive
preferential treatment because the resident program is only available to
Police Officers.
Chair Tudela stated there is a motion on the floor that says there is a conflict
Board of Ethics
Open Session
April 21, 2017
Page 6
SUBJECT
DISCUSSION
ACTION
with the code and Counsel has recommended attaching a reason for the
conflict from the four different sections read. Chair Tudela called for the
question.
Motion carried 7:0
Chair Tudela said that Counsel has advised the Board to attach a reason for
the conflict and if no reason is attached then it creates open issues going
forward. Mr. Curtis said he is of the opinion the vote was taken and the
Chair Tudela moved to attach a rationale to the
matter passed.
motion as advised by Counsel.(No second to the
motion)
Mr. Morimoto commented the rationale should be stated because the Board
would not want to have an arbitrary and capricious decision that is not based
on the law.
Disclosures
1. Michael Martinez (Fire Commission)
2. Heather Kanoe Ahuna (Planning Commission)
3. Susan Howie Burriss (Board of Ethics)
4. Craig Anthony De Costa (Board of Reivew)
5. Wade Larry Lord (Planning Commission)
6. Russell Mark Kapi`olani Wong (Board of Review)
Ms. Tabura moved to receive Disclosures 1, 3, 4,
6 and deem them complete. Mr. de la Pena
seconded the motion. Motion carried 6:1 (Ms.
Burris Abstained)
Mr. Curtis moved to receive Disclosure 2 and
deem complete. Mr. Murashige seconded the
motion. Motion carried 7:0
Ms. Tabura moved that section 3 is incomplete
on Disclosure 5 and deemed incomplete. Mr. de
la Pena seconded the motion. Motion carried 7:0
Announcements
Next Meeting: Friday, May 19, 2017 — 1:00 p.m., Mo'ikeha Building,
Liquor Conference Room
Board of Ethics
Open Session
April 21, 2017
Page 7
SUBJECT
DISCUSSION
ACTION
Adjournment
Mr. Murashige moved to adjourn the meeting at
1:38 p.m. Ms. Tabura seconded the motion.
Motion carried 7:0.
Submitted by:
Sandra M. Muragin, Commission Support Clerk
() Approved as circulated.
() Approved with amendments. See minutes of meeting.
Reviewed and Approved by:
Mary Tudela, Chair
COUNTY COUNCIL
Mel Rapozo, Chair
Ross Kagawa, Vice Chair
Arthur Brun
Mason K. Chock
Arryl Kaneshiro
Derek S.K. Kawakami
JoAnn A. Yukimura
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
Council Services Division
4396 Rice Street, Suite 209 _
Lihu`e, Kauai, Hawaii 96766
u ;
i
MEMORANDUM 1 '
u� APR 2 7` 1
April 25, 2017 j
B0A1F,'` S & CO"AM1SS1C`>;,S
TO: Mel Rapozo, Council Chair
and Members of the Kauai County Council
FROM: Mason K. Chock, Councilmember
RE: POSSIBLE CONFLICT OF INTEREST RELATING TO
RESOLUTION NO. 2017-33, RESOLUTION AUTHORIZING THE
FILING OF THE KAUA`I COUNTY 2017 ACTION PLAN
(COMMUNITY DEVELOPMENT BLOCK GRANT) WITH THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
UNITED STATES OF AMERICA, FOR A GRANT UNDER
TITLE I OF THE HOUSING AND COMMUNITY
DEVELOPMENT ACT OF 1974 AND 1987 (PUBLIC LAWS 93-383
AND 100-242), AS AMENDED
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 funding for "Public Services —
Namahoe Leadership Voyaging Program (Leadership Kaua`i)" in the amount
of $35,000, which is part of the funding appropriated in Resolution No. 2017-33,
Resolution Authorizing The Filing Of The Kauai County 2017 Action Plan
(Community Development Block Grant) With The Department Of Housing And
Urban Development, United States Of America, For A Grant Under Title I Of The
Housing And Community Development Act Of 1974 And 1987 (Public Laws 93-383
And 100-242), As Amended.
I am recusing myself from the discussion and vote on the funding for the
Namahoe Leadership Voyaging Program as I will potentially be contracted by
Leadership Kauai; however, I plan to participate in the vote on the remaining
projects outlined in Resolution No. 2017-33, of which will be taken ad seriatim. In
light of the above, I have recused myself from the aforementioned items at the
April 26, 2017 Council Meeting.
Should you have any questions, please feel free to contact me. Thank you for
your attention to this matter.
YS:cy
cc: May 17, 2017 Council Meeting Agenda
County of Kauai Board of Ethics
Council Services Staff
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