Loading...
HomeMy WebLinkAboutNovember 17 2017 Board of Ethics Agenda PacketMary Tudela Chair Michael Curtis Vice -Chair Maureen Tabura Secretary COUNTY OF KAUA'I BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, November 17, 2017 1:00 p.m. or shortly thereafter Mo`ikeha Building, Liquor Conference Room 3 4444 Rice Street, L-1hu'e, HI 96766 W"'I a 111 APPROVAL OF MINUTES Open Session Minutes of October 20, 2017 Members: Susan Burriss Ryan de la Pena Calvin Murashige Mia Shiraishi BUSINESS BOE 2017-17 County Attorney Mauna Kea Trask respectfully requests an Open Session with the Board of Ethics to discuss the Board's authority, duties, and responsibilities COMMUNICATION BOE 2017-18 Possible Conflict of Interest dated October 20, 2017 from Arryl Kaneshiro relating to the nomination and appointment of Marissa L. Sandblom to the Charter Review Commission REQUEST FOR AN ADVISORY OPINION RAO 17-011 Request for an Advisory Opinion dated October 23, 2017 from Derek S.K. Kawakami relating to the nomination and appointment of Marissa L. Sandblom to the Charter Review Commission RAO 17-012 Request for an Advisory Opinion dated November 3, 2017 from Arryl Kaneshiro relating to the nomination and appointment of Marissa L. Sandblom to the Charter Review Commission RAO 17-013 Request for an Advisory Opinion dated November 7, 2017 from Mel Rapozo on what constitutes an a conflict of interest An Equal Opportunity Employer 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). RETURN TO OPEN SESSION DISCLOSURES 1. Mary E. Tudela - Board of Ethics 2. Herman J. Texeira - Open Space Commission ELECTION OF CHAIR AND VICE CHAIR FOR CALENDAR YEAR 2018 ANNOUNCEMENTS Next Meeting: N© Decenbr Meting; Next meeting scheduled Friday, January 19, 2018 —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 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. 2 1 P a g e Board of Ethics — November 17, 2017 Send written testimony Board of Ethics Attn: Lani Agoot Office of Boards & Commissions 4444 Rice Street, Suite 150 L-1hu`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 241-4917 at least five (5) working days prior to the meeting. 31Page Board of Ethics —November 17, 2017 1 COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: I BOARD OF ETHICS Meeting Date I October 20, 2017 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. End of Meeting: 1:53 p.m. Present Chair Mary Tudela; Vice Chair Michael Curtis. Members: Susan Burriss; Mia Shiraishi; Ryan de la Pena; Calvin Murashige Staff. Deputy County Attorney Nicholas Courson; Boards & Commissions Office Staff Administrative Specialist Lani Agoot; Administrator Paula M. Morikami Excused Maureen Tabura Absent SUBJECT DISCUSSION ACTION Call To Order Chair Tudela called the meeting to order at 1:00 .m. with 6 members present. Approval of Minutes Regular Open Session Minutes of July 21, 2017 Ms. Shiraishi requested an amendment on page 6 of the minutes to insert the word "taxable". Ms. Shiraishi moved to approve the minutes as amended. Mr. Curtis seconded the motion. Motion carried 4 ayes: 0 nays: 2 abstained. Communication BOE 2017-15 Possible Conflict of Interest and Recusal dated July 21, 2017 Mr. de la Pena moved to receive BOE 2017-15. Mr. Murashige seconded the motion. Motion carried 6:0. from Derek S.K. Kawakami related to a claim filed against the County of Kauai by N.F. Kawakami Store. Request for Advisory Opinion RAO 17-010 Request for an AdvisoryOpinion dated September 8, 2017 from Dee Crowell on whether an 89-day contract worker is considered an "emplovee" and whether that worker is subject to the restrictions ofpost- employment activity. Mr. Murashige stated that he felt the Attorney General previously opined on the 89-day contract issue and it was something the State Legislature has dealt with when they hire individuals. He also felt that this matter has been addressed at the State level. Mr. Courson said he has not looked into the Board of Ethics Open Session October 20, 2017 Page 2 SUBJECT DISCUSSION ACTION matter at the State level; however, in general, the County considers 89-day contract hires as employees from a Human Resources point of view. Ms. Burris asked whether or not this would be considered a legal opinion. Chair Tudela asked for clarification from Mr. Murashige and Ms. Burris if they were saying they felt the matter should be covered by another jurisdiction to which Mr. Murashige restated that he felt the issue has already been addressed by the Attorney General's office. Ms. Burriss clarified that her question was whether this was a request for a legal opinion as opposed to an opinion the Board had jurisdiction over. Mr. Courson explained that initially, Dee had the Planning Department contact the County Attorney's Office for their opinion, which they provided. He said (County Attorney) Mauna Kea felt that when it came to ethical questions, the Board of Ethics had the last say and Mr. Crowell was advised to seek an advisory opinion. Mr. Murashige commented that he felt it wasn't so much an advisory opinion but more of a legal opinion. Chair Tudela added that when she read the request she initially felt it wasn't a question the Board should entertain because the Board was being asked to anticipate something in the future that hasn't happened yet. Her question was should the Board entertain decision - making based on the question of whether or not someone was an employee on an 89-day contract, and questioned whether this was a Human Resources decision. Mr. Curtis stated that technically, he was an employee and technically it says that for the next year he can't represent anybody in front of the County. Mr. Courson clarified that Mr. Crowell was not currently an employee but was considering taking an 89-day contract. Mr. Curtis asked if Human Board of Ethics Open Session October 20, 2017 Page 3 SUBJECT DISCUSSION ACTION Resources considered him an employee to which Mr. Courson said yes. Mr. Courson added that he advised Mr. Crowell that if he chose to become an employee, he needed to consider section 3-1.10 of the County Charter. He added that section 3-1.10(b) would probably apply to Mr. Crowell the same way it applies to full-time employees and he didn't see an exception because Human Resources would consider him an employee. Mr. Courson stated that his instructions from the County Attorney were to always refer ethical matters to the Board of Ethics for their decision, regardless of whether the matter appeared to be open and shut. Mr. Courson advised the Board to invite Mr. Crowell into the discussion via conference call. Chair Tudela stated she wanted further clarification on the question that was being asked of the Board, saying that based on what she read; the question was regarding a future event that hadn't happened. Mr. Murashige stated that the Board needed a legal definition of "employee" and that was not determined by the Board of Ethics to which Mr. Courson agreed. Mr. Crowell joined the meeting via conference call at 1:15 p.m. Chair Tudela welcomed Mr. Crowell to the meeting and informed him that the Board had reviewed his request for an advisory opinion and gave him the option to provide comments. Mr. Crowell updated the Board regarding a position he was offered by the Planning Department for an 89-day contract, stating that he was currently the Director of KIUC and was looking for art -time work. He explained Board of Ethics Open Session October 20, 2017 Page 4 SUBJECT DISCUSSION ACTION that before he takes the job with the Planning Department, he wanted clarification as to whether he would be considered an "employee" and if so, would he be subject to the one (1) year Ethic's provision. Mr. Murashige stated that he believed there was a provision either in the by- laws or policy of KIUC where a County or State employee cannot serve as a Director, and suggested Mr. Crowell look into that as well. Mr. Crowell asked the Board if he would be considered a County employee if he were to accept the position to which Chair Tudela said that it was the Board's understanding that if he were to accept the position, based on the definition from the Department of Human Resources, he would be considered an employee. Mr. Courson addressed the Board saying that under the definitions section 3-1.3 of the Code of Ethics, "employee means any nominated, appointed or elected officer or employee of the County including members of boards, commissions, and committees and employees under contract with the County, but excluding council members." Mr. Courson confirmed to Mr. Crowell that he advised the Board that it was his understanding from Human Resources that the County considers 89-day contract hires to be employees of the County and they can receive benefits. Chair Tudela asked Mr. Crowell if he had any further questions to which he replied no. Chair Tudela asked for a motion on the matter. Mr. Murashige stated that he was unsure whether the Board could provide an advisory opinion on this matter, saying that he felt Mr. Crowell was seeking a legal opinion and the Board of Ethics wasn't the body to provide such an opinion. Ms. Burriss agreed, adding that it was a legal interpretation of what was applicable to an employee and not under the Board's jurisdiction. Board of Ethics Open Session October 20, 2017 Page 5 SUBJECT DISCUSSION ACTION Mr. Curtis disagreed, saying that it was clear that an employee was precluded from representing anybody in front of any County commission or board for one (1) year after their employment. He said the example provided by Mr. Crowell clearly falls within the parameters of the intent and Mr. Curtis moved that the Board find that Mr. letter of the law. Crowell's contractual relationship with the County is defined as employment and that would trigger the one (1) year abstinence from him representing anybody in front of the County. Mr. de la Pena seconded the motion. Chair Tudela read section 20.05 subsection D.2 of the County Charter. She clarified that Mr. Crowell's question was whether he would be defined as an employee and the Board's answer, based on Human Resources' definition of "employee", was yes. Mr. Crowell's second question was if he were to accept the 89-day contract with the Planning Department, would he be held to the one (1) year requirement. Chair Tudela stated that her concern was that the Board was being asked to provide an opinion on something that hadn't happened yet and wasn't sure that the Board had been in this situation before. Mr. Courson provided that advisory opinions were routinely about things that haven't taken place. Mr. Murashige stated that he agreed with Mr. Curtis in terms of outcome but questioned whether it was the Board's responsibility to make the determination and felt it was a legal opinion as opposed to an advisory opinion. He said the question wasn't whether Mr. Crowell would be violating the Ethics Code, but rather a question of whether he would be violating the County's regulations on who can and cannot appear before the County if you were an employee. Mr. Curtis stated that the question Mr. Crowell was asking the Board was if Board of Ethics Open Session October 20, 2017 Page 6 SUBJECT DISCUSSION ACTION he were to accept the position, would the one (1) year be invoked if he were to represent someone in front of the County and the answer would be yes, per his motion. Ms. Burriss clarified that she and Mr. Murashige didn't disagree with that premise. Her concern was that it was a legal opinion. Ms. Shiraishi stated that it was a two-part question; if he were considered an employee, then the Board would consider the second question. She said based on Human Resources, he would be defined as an employee and thus section 3 would be applicable to employees. Ms. Shiraishi added that she, too, questioned whether this was a legal question and out of the Board's jurisdiction. Mr. Murashige provided that if Human Resources already determined that Mr. Crowell would be an employee then there was nothing else the Board could do. Ms. Tudela agreed, adding that she felt this should not have been brought before the Board. Chair Tudela asked Mr. Crowell if he had spoken to anyone in the County about his request to which he provided that he spoke with Human Resources and a County Attorney and was advised in both cases to bring his request to the Board of Ethics. Mr. Courson stated that he felt the spirit of Mr. Crowell's question was if there was an exception for 89-day contracts; because the Code of Ethics is clear, a contract hire is an employee of the County and it would not have been necessary to seek an opinion. He said rendering an opinion based on the spirit of the question would be squarely within the Board's purview to say yes or no; however, he did not see an exception. Motion failed 3 ayes: 1 nay: 2 abstained. Board of Ethics Open Session October 20, 2017 Page 7 SUBJECT DISCUSSION ACTION Mr. Courson clarified that generally, boards and commissions were discouraged from abstentions unless there was an actual conflict, which would be a recusal and would be declared at the beginning of the item. He said it was the basic premise of Parliamentary Procedure, as he understood it, that members were there to vote. Mr. Courson added that it was not a rule and he couldn't force it, but it was something he strongly discourages. Chair Tudela asked if a commissioner could abstain if they decided to because she, as Chair, didn't want to impose on members to vote yes or no to which Mr. Courson said Robert's Rules state no one can be forced to vote. Mr. Murashige stated that if he were asked whether Mr. Crowell would be an employee, he would answer yes. Chair Tudela asked Mr. Murashige if he meant that the question should be split to which Mr. Murashige replied that if you answer the first part and say yes, he is an employee, then the second question is moot. Ms. Burriss agreed, saying that the Board has been advised by legal counsel that he would be considered an employee and with that advice, she would say he was an employee and the rest of the question would be moot. Mr. Curtis disagreed that it would be moot because further rules would apply to him as an employee and that was the opinion he was asking for and he already received it. Chair Tudela stated that she wanted to separate the two issues and asked for Mr. Murashige moved that Dee Crowell would a motion. be considered an employee if he were to accept an 89-day contract. Ms. Burriss seconded the motion. Motion carried 6:0. Mr. Crowell left the meeting at 1:40 p.m. Board of Ethics Open Session October 20, 2017 Page 8 SUBJECT DISCUSSION ACTION Business BOE 2017-16 Review and Possible Approval of 2018 Meeting Schedule Mr. de la Pena moved to approve the 2018 Meeting Schedule. Mr. Murashige seconded the motion. Motion carried 6:0. Disclosures 1. Eunice Park - Deputy Prosecuting Attorney 2. Galen T. Nakamura - Charter Review Commission 3. Alfred Levinthol - Fire Commission 4. Carol E. Suzawa - Charter Review Commission 5. Virginia M. Kapali - Charter Review Commission 6. Isaac K. Cockett - Charter Review Commission 7. Anthony K. Herndon - Deputy Prosecuting Attorney Mr. Murashige moved to receive disclosures 1 8. Mahealani M. Krafft - Deputy County Attorney through 8 and deem them complete. Mr. Curtis seconded the motion. Motion carried 6:0. Announcements Next Meeting: Friday, November 17, 2017 — 1:00 p.m., Mo'ikeha Building, Liquor Conference Room Chair Tudela announced that she will not be at the next meeting. Adjournment Mr. de la Pena moved to adjourn the meeting at 1:53 p.m. Mr. Murashige seconded the motion. Motion carried 6:0. Submitted by: Lani Agoot, Administrative Specialist Reviewed and Approved by: () Approved as circulated. () Approved with amendments. See minutes of meeting. 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 Council Services Division 4396 Rice Street, Suite 209 Lihu`e, Kauai, Hawaii 96766 October 20, 2017 TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: 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 • POSSIBLE CONFLICTOF • THE INTERVIEW••• OF MARISSA, L. D. • TO THE CHARTER REVIEW COMMISSION 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 the interview and appointment of Marisa L. Sandblom to the Charter Review Commission. I am recusing myself as this item involves the appointment of a colleague from my place of employment, Grove Farm Company, Inc. to the County's Charter Review Commission. In light of the above, I have recused myself from the aforementioned items at the October 18, 2017 Council Meeting and any subsequent meeting thereafter relating to this item. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. YS:mn cc: November 1, 2017 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff AN EQUAL OPPORTUNITY EMPLOYER ibo arwt-1 ^ 18 COUNTY COUNCIL Mel Rapozo, Chair Ross Kagawa, Vice Chair Arthur Bran 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 OFFICE OF THE COUNTY CLERK Jade K. Fountain-Tanigawa, County Clerk Scott K. Sato, Deputy County Clerk Telephone: (808) 241-4188 OAT 2 5 2011 Facsimile: (808) 241-6349 E-mail: col!kcouncil@kauai.gov R-ECE VEO 17 OCT Z P12 :44 October 23, 2017 C TO: Mel Rapozo, Council Chair and Members of the Kauai County Council .�---- FROM: Derek S.K. Kawakami, Councilmember O RE: POSSIBLE CONFLICT OF INTEREST RELATING TO THE NOMINATION AND APPOINTMENT OF MARISSA L. SANDBLOM TO THE CHARTER REVIEW COMMISSION Pursuant to Section 20.04(B) of the Kauai County Charter, Section 3.19 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 the nomination and appointment of Marissa L. Sandblom to the Charter Review Commission, because I am a Trustee of Waioh Corporation, a 501(c)(3) nonprofit organization whose mission is to preserve Kaua`i's numerous. cultural sites and collections, which includes the Grove Farm Museum in Lihu`e. r-1 Should you have any questions, pleas61661free''to-eontact me: your attention to this matter. AMK.ct , , , , .. , -.... cc: November 1, 2017 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff AN EQUAL OPPORTUNITY EMPLOYER PAC) it'( —. D I I Mary Tudela Chair Michael Curtis Vice Chair Maureen Tabura Secretary COUNTY OF KAUA'I BOARD OF ETHICS c/o Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu'e, HI 96766 October 30, 2017 Derek S.K. Kawakami, Councilmember Council Services Division 4396 Rice Street, Suite 209 Lihue, Hawaii 96766 RE: Request for Advisory Opinion Dear Mr. Kawakami Members: Mia Shiraishi Calvin Murashige Ryan de la Pena Susan Burriss The Board of Ethics received your request for an Advisory Opinion dated October 23, 2017. The next Board of Ethics meeting is scheduled for November 17, 2017. Your request will be reviewed by the Board at that time and you may ekpect a response shortly thereafter. It is suggested that you be present to answer any questions the Board members may have. If you should have any questions or concerns, please feel free to contact me at (808) 241-4917, or via email at la oot(Dkauai.gov, thank you. A, �o�" Lani Agoot Commission Support Clerk An Equal Opportunity Employer FAo m - bi I h 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 Llhu`e, Kauai, Hawaii 96766 MEMORANDUM November 3, 2017 TO: Mary Tudela, Chairperson - and Members of the Board of Ethics FROM: Arryl Kaneshiro, Councilmember �X. 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 I_ NOV - 6 2011 J --- c30F� i CGMlmissl �r,tc RE: POSSIBLE CONFLICT OF INTEREST RELATING TO MAYORAL APPOINTMENT OF MARISSA L. SANDBLOM TO THE CHARTER REVIEW COMMISSION 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 Resolution No. 2017-53, relating to confirmation of Mayoral Appointment Marissa L. Sandblom to the Charter Review Commission. I have declared a possible conflict of interest and recused myself from participating in the interview process of Marissa L. Sandblom on October 18, 2017, and will continue to recuse myself from further Council deliberation on this matter until the Board of Ethics issues its advisory opinion on whether I may be able to participate in future Council proceedings relating to Ms. Sandblom's appointment to the Charter Review Commission. Ms. Sandblom and I are colleagues at Grove Farm Company, Inc., where we may collaborate on certain projects. Should you have any questions, please feel free to contact me at the Office of the County Clerk, Council Services Division, at 241-4188. AMK:lc R.-r,A (9 -- al a AN EQUAL OPPORTUNITY EMPLOYER Mary Tudela Chair Michael Curtis Vice Chair Maureen Tabura Secretary COUNTY OF KAUA'I BOARD OF ETHICS c/o Office of Boards & Commissions 4444 Rice Street, Suite 150 Llu'e, HI 96766 November 6, 2017 Arryl Kaneshiro, Councilmember Council Services Division 4396 Rice Street, Suite 209 Lihue, Hawaii 96766 RE: Request for Advisory Opinion Dear Mr. Kaneshiro, Members: Mia Shiraishi Calvin Murashige Ryan de la Pena Susan Burriss The Board of Ethics received your request for an Advisory Opinion dated November 3, 2017. The next Board of Ethics meeting is scheduled for November 17, 2017, at 1:00 p.m. in the Mo'ikeha Building, Liquor Conference Room 3. Your request will be reviewed by the Board at that time and you may expect a response shortly thereafter. It is suggested that you be present to answer any questions the Board members may have. If you should have any questions or concerns, please feel free to contact me at (808) 2414917, or via email at lagoot6dUuai. ov, thank you. 4F�'-o(.)A e Lani Agoot Commission Support Clerk An Equal Opportunity Employer V A O '� _ O `; p\ 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 Llhu`e, Kauai, Hawaii 96766 November 7, 2017 Mary Tudela, Chairperson Board of Ethics c/o Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu`e, HI 96766 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 • 2011 �V f BOARDS & COMMISSIONS Dear Chairperson Tudela and Members of the Board of Ethics: I am requesting that the Board of Ethics provide me with an advisory opinion on what constitutes a conflict of interest, where I or other members of the Kauai County Council would be prevented from voting on a specific issue. Section 20.04(B) of the Kauai County Charter states in part "...who possess or acquires such interest as might reasonably tend to create a conflict with such person's duties or authority, or who is an owner, officer, executive director, or director of an organization or whose member of such person's immediate family which includes parents, siblings, spouse, or children is an owner, officer, executive director, or director of any organization in any matter pending before such person Discussion has occurred on the Council floor on a number of occasions inferring that a personal friendship, or the fact that a Councilmember is employed by a large company or business creates a "perceived conflict", therefore, in these situations (perceived conflict), the Councilmember would or was encouraged by members of the public to recuse themselves from voting on the issue. It appears clear to me that the perception of a conflict of interest is not a conflict of interest, therefore, Councilmembers are not required to recuse themselves and are allowed to vote. As Councilmembers we have been elected to represent our constituents and a large part of what we are entrusted to do is to decide and vote on matters that impact our community. It is my hope that the Board of Ethics will be able to provide and clarify in an advisory opinion when does a conflict of interest truly exist. AN EQUAL OPPORTUNITY EMPLOYER , Iq — IS Mary Tudela, Chairperson Conflict of Interest November 7, 2017 Page 2 Thank you for your attention to his matter. Should you have any questions, please feel free to contact me at 241-4188. I would also ask that I be notified when this matter appears before the Board of Ethics as I would welcome the opportunity to answer any questions that you may have. Sincerely, MEL 'A'• • Council Chair, Kauai County Council Mary Tudela Chair Michael Curtis Vice Chair Maureen Tabura Secretary COUNTY OF KAUA'I BOARD OF ETHICS c/o Office of Boards & Commissions 4444 Rice Street, Suite 150 L*Alu'e, HI 96766 November 8, 2017 Mel Rapozo, Chair Council Services Division 4396 Rice Street, Suite 209 Lihue, Hawaii 96766 RE: Request for Advisory Opinion Dear Mr. Rapozo, Members: Mia Shiraishi Calvin Murashige Ryan de la Pena Susan Burriss The Board of Ethics received your request for an Advisory Opinion dated November 7, 2017. The next Board of Ethics meeting is scheduled for November 17, 2017, at 1:00 p.m. in the Mo'ikeha Building, Liquor Conference Room 3. Your request will be reviewed by the Board at that time and you may expect a response shortly thereafter. It is suggested that you be present to answer any questions the Board members may have. If you should have any questions or concerns, please feel free to contact me at (808) 241-4917, or via email at lagoot(a,kauai.gov, thank you. cx� 'd Or- Lani Agoot Commission Support Clerk An Equal Opportunity Employer RAD 1q - bl3 A