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Home My WebLink AboutJuly 21 2017 Board of Ethics Meeting PacketMary Tudela Chair Michael Curtis Vice -Chair Maureen Tabura Secretary COUNTY OF KAUA'I BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, July 21, 2017 1:00 p.m. or shortly thereafter Mo`ikeha Building, Liquor Conference Room 3 4444 Rice Street, Lihu'e, HI 96766 APPROVAL OF MINUTES Open Session Minutes of June 16, 2017 Members: Susan Burrlss Ryan de la Pena Calvin Murashige Mia Shiraishi RECEIVED 17 JUL 12 Iq 1 * VF 7'i' CI '1t= x N � Y F U z i. COMMUNICATION BOE 2017-12 Possible Conflict of Interest dated June 21, 2017 from JoAnn A. Yukimura relating to ES-907, a briefing on the Notice to Appeal of Sunshine Law Complaint (S Appeal 17-11) BOE 2017-13 Possible Conflict of Interest dated June 9, 2017 from Arryl Kaneshiro relating to C 2017-143, a Water System Use Agreement between Grove Farm Company, Inc., and the County of Kauai for the Adolescent Treatment and Healing Center. BUSINESS BOE 2017-14 Meeting Date Change: August 18, 2017, Statehood Day/Holiday REQUEST FOR AN ADVISORY OPINION RAO 17-009 Request dated July 5, 2017 from Arthur Brun, Councilmember, requesting a written advisory opinion regarding the Disclosure Statement. An Equal Opportunity Employer EXCUTIVE 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-005 Executive Session Minutes of June 16, 2017 RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES-005 DISCLOSURES 1. Shaylyn K. Kimura - Open Space Commission 2. Arthur J. Brun - County Council 3. Derek S.K. Kawakami - County Council 4. Paula M. Morikami - Administrator, Boards and Commissions 5. Christopher A. White - Board of Review 6. Ricky R. Watanabe - Charter Review Commission 7. Jan W. Tenbruggencate - Charter Review Commission 8. Gerald K. Ida - Kauai Historic Preservation Review Commission ANNOUNCEMENTS Next Meeting: Friday, August 18, 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). cc: Nicolas Courson, Deputy County Attorney PUBLIC COMMENTS and TESTIMONY 2 1 P a g e Board of Ethics — July 21, 2017 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: Lani Agoot Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu`e, HI 96766 Email: lagoot@kauai.gov Fax: 241-5127 Phone: 241-4917 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 (Page Board of Ethics — July 21, 2017 COUNTY OF KAUAI Minutes of Meeting OPEN SESSION JIt D111", 0 Board/Committee: --BOARD OF ETHICS Meeting Date I June 16, 2017 Location Mo'ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. End of Meeting: 1:20 p.m. Present Vice Chair Michael Curtis; Secretary Maureen Tabura. Members: Calvin Murashige; Susan Burriss; Mia Shiraishi Staff- Deputy County Attorney Mahealani Krafft; Boards & Commissions Office Staff. Administrative Specialist Lani Agoot; Administrator Paula M. Morikami Excused Mary Tudela, Ryan de la Pena Absent SUBJECT DISCUSSION ACTION Call To Order Vice Chair Curtis called the meeting to order at 1:00 p.m. with 5 members present. Approval of Regular Open Session Minutes of Mgy 19, 2017 Minutes Vice Chair Curtis requested that Chair Tudela!s documents referenced on page 4 of the minutes be included in the minutes for the purposes of disclosure and to be in line with the Sunshine Law. On pages 7, 8 and 9, Vice Chair asked that his motion be corrected to read "Mr. Curtis moved to refer (replacing the word defer) this question to the County Attorney for disposition." Vice Chair Curtis asked to correct the spelling of the word "nativity" to Ms. Burriss moved to approve the minutes as "naivete" on page 19. amended. Mr. Murashige seconded the motion. Motion carried with 5:0. Request for RAO 17-008 Letter dated June 5, 2017 from Housing Director Kanani Fu requesting an advisoryopinion on whether there is a conflict with her Advisory position and a Community Development Block Grant (CDBG) that has been Opinion tentatively awarded to 'Ae Kamalij Preschool where her two children attend. Mr. Murashige recused himself from this item. Board of Ethics Open Session June 16, 2017 Page 2 SUBJECT DISCUSSION ACTION Ms. Fu was present to answer any questions presented by the Board. Ms. Burriss asked Ms. Fu if she was on the committee that selected which programs received monies, to which Ms. Fu responded that she was not and clarified the process for the Community Based Development Grant Program for the Board. The grant process requires a Citizens Advisory Committee to select program objectives every 5 years and sets up the criteria for the scoring and ranking of the applications. The ranked applications are then given to Ms. Fu to forward to the Mayor who is the authority of the CDBG program. Upon approval by the Mayor, they are then forwarded to Council for approval. Ms. Tabura moved that the Board finds there is no conflict of interest. Ms. Shiraishi seconded the motion. Motion carried 4:0. Mr. Murashi e returned to the meeting. Executive ES-003 Executive Session Minutes of May 19, 2017 Deputy County Krafft read: Pursuant to H.R.S Session §92-4, 92-9 (a) (1-4), and §92-5 (a) (2) and (4), ES-004 Complaint received May 26, 2017 alleged unethical use of public the purpose of this executives session is to receive and approve Executive Session Minutes; to consider the evaluation, dismissal or funds, police assets, and personnel to provide unethical and unauthorized police motorcades and escorts. 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 Board of Ethics Open Session June 16, 2017 Page 3 SUBJECT DISCUSSION ACTION action as appropriate. Vice Chair Curtis moved to go into Executive Session at 1:07 p.m. Ms. Shiraishi seconded the motion. Motion carried 5:0. Return to Open Ratify Board of Ethics actions taken in Executive Session for items: ES-003 The meeting resumed in Open Session at 1:16 and ES-004 Session p.m. Mr. Murashige moved to ratify actions taken in Executive Session. Ms. Burriss seconded the motion. Motion carried 5:0. Disclosures 1. James Edward Guerber (Kauai Historical Preservation) Ms. Tabura moved to receive disclosures 1 and 2 2. Kanani Brandy Fu (Housing Director) and deem them complete. Mr. Murashige seconded the motion. Motion carried 5:0. Announcements Next Meeting: Friday, July 21, 2017 —1:00 p.m., Mo'ikeha Building, Liquor Conference Room Adjournment Mr. Murashige moved to adjourn the meeting at 1:20 p.m. Ms. Burriss seconded the motion. Motion carried 5:0. Submitted by: Lani Agoot, Administrative Specialist Reviewed and Approved by: () Approved as circulated. O Approved with amendments. See minutes of meeting. Michael Curtis, Vice Chair 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 MEMORANDUM June 21, 2017 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 ,JlIN2I201T J BOARDS & COMMISSIOMIS TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: JoAnn A. Yukimura, Councilmember RE: POSSIBLE CONFLICT OF INTEREST RELATING TO ES-907, A BRIEFING ON THE NOTICE TO APPEAL OF SUNSHINE LAW COMPLAINT (S APPEAL 17-11) This memorandum supersedes the memorandum sent to you and dated June 16, 2017. 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 ES-907, a briefing on the Notice to Appeal of Sunshine Law Complaint (S Appeal 17-11), as I am involved in the appeal. In light of the above, I will recuse myself from the aforementioned item at the June 21, 2017 Committee Meetings and any subsequent meeting thereafter related to this item. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. SS:aa cc: June 28, 2017 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff AN EQUAL OPPORTUNITY EMPLOYER POE, aOl (I ^ k1a COUNTY COUNCIL Mel Rapozo, Chair Ross Kagawa, Vice Chair Arthur Brun Mason K. Chock Arryl Kaneshiro Derek S.K. Kawakami JoAnn A. Yukimura M '•3TI M Council Services Division 4396 Rice Street, Suite 209 Lihu`e, Kauai, Hawaii 96766 June 9, 2017 Mel Rapozo, Council Chair and Members of the Kauai County Council Arryl Kaneshiro, Councilmember "K- 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 'i ` 14217 i 30A .f &ICOMM1SSiC)INS POSSIBLE CONFLICT OF INTEREST RELATING TO C 2017-143 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 2017-143, relating to a Water System Use Agreement between Grove Farm Company, Inc., and the County of Kauai, for the Adolescent Treatment and Healing Center, as I am a Project Manager employed by Grove Farm Company, Inc. In light of the above, I have recused myself from the aforementioned item at the June 14, 2017 Council Meeting and any subsequent meetings. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. JA:lc cc: June 28, 2017 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff rid AN EQUAL OPPORTUNITY EMPLOYER COUNTY COUNCIL Mel Rapozo, Chair JUL -- 7 2017 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 July 5, 2017 Mary Tudela, Chair ✓ and Members of the Board of Ethics c/o Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu`e, Hawaii 96766 Dear Chair Tudela 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) 241-4188 Facsimile: (808) 241-6349 E-mail: cokcouncil@kauai.gov I am writing to ask for a written advisory opinion as to whether I would need to submit an amended Disclosure Statement after receiving life insurance proceeds (issued as two separate payments) as a beneficiary due to the death of an insured person. After review of The Charter Of The County Of Kauai, this scenario is not defined under the definition of "Annual Income" nor does it fall under the list for which a mid -year amendment must be filed with the Board of Ethics. Thank you for your attention to this request. Should you have any questions, please feel free to contact me at 241-4096. Sincerely, ARTHUR BRUN Councilmember, Kauai County Council SS:lc cc: Paula M. Morikami, Boards & Commissions Administrator AN EQUAL OPPORTUNITY EMPLOYER