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HomeMy WebLinkAboutApril 20 2018 Board of Ethics Agenda PacketMichael Curtis Chair Maureen Tabura Vice -Chair Mia Shiraishi Secretary COUNTY OF KAUA'I BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday April 20, 2018 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 March 16, 2018 BUSINESS Members: Susan Burriss Ryan de la Pena Mary Tudela Dean Toyofuku COMMUNICATION BOE 2018-03 Possible conflict of interest dated March 20, 2018, from Arryl Kaneshiro relating to Bill No. 2698, the Mayor's proposed Operating Budget for Fiscal Year 2018-2019 — Appropriations for Kauai Soil Conservation BOE 2018-04 Possible conflict of interest dated March 20, 2018, from Mason Chock relating to Bill No. 2698, the Mayor's proposed Operating Budget for Fiscal Year 2018-2019 — Appropriations for Leadership Kauai BOE 2018-05 Possible conflict of interest dated March 20, 2018, from Arryl Kaneshiro relating to Bill No. 2698, the Mayor's proposed Operating Budget for Fiscal Year 2018-2019 — Appropriations for Grove Farm Company, Inc. BOE 2018-06 Possible conflict of interest dated March 28, 2018, from Arryl Kaneshiro relating to C 2018-87, Grant of Easements from Grove Farm Properties, Inc., to the County of Kauai, Tax Map Key No. (4) 3-3-018:009 An Equal Opportunity Employer BOE 2018-07 Possible conflict of interest dated March 28, 2018, from Arryl Kaneshiro relating to Bill No. 2698, the Mayor's Operating Budget for Fiscal Year 2018-2019 — Appropriations for Kauai Philippine Cultural Center REQUEST FOR AN ADVISORY OPINION RAO 18-002 Request for an Advisory Opinion dated January 23, 2018, from Derek S.K. Kawakami relating to a possible conflict of interest relating to C 2018-25 and Bill No. 2687 NOTICE OF EXECUTIVE SESSION Pursuant to H.R.S. §92-4 and H.R.S. 92-5 (a) (2) and (4), the purpose of this executive session is 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-002 Executive Session Minutes of March 16, 2018 RETURN TO OPEN SESSION Ratify Commission actions taken in Executive Session for items: ES-002 DISCLOSURES l . Charles P. Stack — Charter Review Commission 2. Jonelle M. Jardin — Police Commission 3. Nicholas R. Courson — Administrator 4. Clint A. Yago — Candidate for Mayor 5. Debra Kekaualua — Candidate for Mayor 6. Wally K. Nishimura — Candidate for County Council 7. Victoria H. Franks — Candidate for County Council ANNOUNCEMENTS Next Meeting: Next meeting scheduled Friday, May 18, 2018 —1:00 p.m., Mo`ikeha Building, Liquor Conference Room 3 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). Board of Ethics — April 20, 2018 cc: Sinclair Salas—Ferguson, 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: 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 241-4917 at least five (5) working days prior to the meeting. Board of Ethics — April 20, 2018 COUNTY OF KAUAI - hum - Minutes of Meeting OPEN SESSION Board/Commission: I BOARD OF ETHICS Meeting Date I March 16, 2018 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. I End of Meeting: 1:44 p.m. Present Chair Michael Curtis; Vice Chair Maureen Tabura; Secretary Mia Shiraishi; Members: Susan Burriss (entered at 1: 03 p.m.), Mary Tudela (entered at 1: 05 p.m.), Dean Toyof iku, and Ryan de la Pena Staff. Deputy County Attorney Mark Bradbury; Boards & Commissions Office Staff. Administrative Specialist Lani Agoot and Administrator Nicholas R. Courson Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Curtis called the meeting to order at 1:00 p.m. with 5 members present. Approval of Regular Open Session Minutes of February 16, 2018 Ms. Shiraishi moved to approve the Open Minutes Session minutes of February 16, 2018, as circulated. Mr. Toyofuku seconded the motion. Motion carried 5:0. Business There was no business. Communication There were no communications. Request for An RAO 18-001 Request for An Advisory pinion dated March 6, 2018, from Ms. Tabura moved that the Board find there is Advisory Clayton Tremaine regarding a possible conflict of interest. no conflict of interest. Mr. de la Pena seconded Opinion the motion. Chair Curtis stated that he wanted to know what Mr. Tremaine's role was at Garden Isle Disposal before making a determination. Ms. Shiraishi said her concern was with regard to the tipping fees at the Kekaha Landfill for commercial vehicles. She questioned whether or not Mr. Tremaine would be in a position to waive tipping fees for a Garden Isle Disposal truck. Board of Ethics Open Session March 16, 2018 Page 2 SUBJECT DISCUSSION ACTION Ms. Burriss entered the meeting at 1: 03 p. in. Ms. Tudela entered the meeting at 1: 05 p.m. The Board discussed the fact that it was difficult to render a decision without more information and without Mr. Tremaine present to answer their questions. Ms. Tudela stated that she could not support the motion on the floor because Mr. Tremaine was not present and the Board had questions about authority and decision -making. Ms. Shiraishi cited Section 3-1.7(b) of the Kauai County Code, "No employee shall acquire a financial interest in any business or other undertaking which he has reason to believe may be directly involved in official action to be taken by him. " She said an "official action " was his work at the landfill, and he would be acquiring a financial interest if he took the job at Garden Isle Disposal. Ms. Shiraishi stated that there was reason to believe that Mr. Tremaine, in his official action at the landfill, would have some direct involvement with the Garden Isle Disposal trucks at the landfill. With no further discussion, Chair Curtis called for the vote. Motion failed 0:7. Administrator Nicholas Courson cited Rule 5(b) of the Board of Ethics Rules and Regulations, "All requests for advisory opinions to the Board shall be in writing and shall contain, (1) the name of the person requesting the opinion, (2) the County agency in which he serves or works, (3) his position therein, (4) the nature and duties of his service or employment, (S) the date of the request, (6) contact information, (7) a statement of the facts and circumstances upon which the Board is to make its determination, and (8) the signature of the person requesting the opinion. " He said if the Board of Ethics Open Session March 16, 2018 Page 3 SUBJECT DISCUSSION ACTION Board was unable to make a determination at this time, the Office of Boards and Commissions could send Mr. Tremaine a letter that would include the language of Rule 5(b), and advise him that the Board needed more information. Chair Curtis stated that the motion was denied; however, Mr. Courson was welcome to advise Mr. Tremaine. Mr. Courson clarified that although the motion was denied, there was no action taken on the request. Ms. Tudela reiterated her position that she needed more information from Mr. Tremaine in order to make a decision. Chair Curtis stated that it was not the Board of Ethics' role to request more information from Mr. Tremaine; however, the Administrator was welcome to advise the requestor. Ms. Tudela moved that Administrator Nicholas Courson request additional information from Mr. Tremaine based on Rule 5(b). Ms. Burriss seconded the motion. Motion carried 7:0. Executive ES-001 Anonymous communication dated February 16, 2018, alleging that an Mr. de la Pena moved to go into Executive officer or employee of the County of Kauai engaged in unethical or corrupt Session Session at 1:11 p.m. Ms. Tudela seconded the behavior motion. Deputy County Attorney Mark Bradbury read H.R.S. §92-4 and 92-5(a) (2) and (4) into the record. Motion carried 7:0. Return to Open The Board resumed in Open Session at 1:36 p.m. Session Ms. Tudela moved to ratify the action taken in Executive Session for ES-001. Mr. de la Pena seconded the motion. Motion carried 7:0. Disclosures 1. Cecelia K. Hoffinan (Candidate for County Council) Ms. Tudela moved to receive disclosures 1 2. Luke A. Evslin (Candidate for County Council) - through 7 and deem them complete. Ms. Tabura 3. Kipukai L.P. Kualii (Candidate for County Council) seconded the motion. Motion carried 7:0. 4. Melvin F. Rapozo (Candidate for Mayor) 5. Milo K.F. Spindt (Candidate for County Council) 6. Cameron N. Takamura (Deputy County Attorney) Board of Ethics Open Session March 16, 2018 Page 4 SUBJECT DISCUSSION ACTION 7. Steven Kyono (Acting Manager & Chief Engineer, Department of Water) Announcements Next meeting scheduled Friday, April 20, 2018 — 1:00 p.m., Mo`ikeha Building, Liquor Conference Room 3 Adjournment Ms. Tabura moved to adjourn the meeting at 1:44 p.m. Ms. Shiraishi seconded the motion. Motion carried 7:0. Submitted by: Lani Agoot, Administrative Specialist Reviewed and Approved by: () Approved as circulated. () Approved with amendments. See minutes of meeting. Michael Curtis, 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 MEMORANDUM March 20, 2018 TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: Arryl Kaneshiro, Councilmember AK 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 MAR 2 12018 J BOARDS & COMMISSIONS RE: POSSIBLE CONFLICT OF INTEREST RELATING TO BILL NO. 2698, THE MAYOR'S PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2018-2019 — APPROPRIATIONS FOR KAUA`I SOIL CONSERVATION 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 Bill No. 2698, the Mayor's Proposed Operating Budget for Fiscal Year 2018-2019 regarding the appropriation to Kauai Soil Conservation in the Department of Public Works — Grant -In -Aid, as I am a Director for the East Kauai Soil & Water Conservation District. In light of the above, I will recuse myself from the aforementioned item during the Fiscal Year 2018-2019 Departmental Budget Reviews, Budget Call -Backs, and Decision -Making, related to this item, 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. JA:lc cc: April 11, 2018 Council Meeting Agenda a, �tfu`z ad of :Eics Council Services Staff Fiscal Year 2018-2019 Budget File AN EQUAL OPPORTUNITY EMPLOYER la mo.-n-A COUNTY COUNCIL Mel Rapozo, Chair Ross Kagawa, Vice Chair Arthur Brun Mason K. Chock Arryl Kaneshiro Derek S.K. Kawakami JoAnn A. Yukimura. lye] Council Services Division 4396 Rice Street, Suite 209 L-ihu'e, Kaua'i, Hawaii 96766 Mel Rapozo, Council Chair and Members of the Kaua'i County Council FROM: Mason K. Chock, Councilmember 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 raw 1XVAR6M _7 il ii 2 RE: POSSIBLE CONFLICT OF INTEREST RELATING TO BILL NO. 2698, THE MAYOR'S PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2018-2019 — APPROPRIATION FOR LEADERSHIP KAUA'I Pursuant to Section 20.04(B) of the Kaua'i County Charter, Section 3-1.9 of the Kaua'i County Code 1987, as amended, and Rule No. 8 of the Rules of the Council of the County of Kaua'i, I hereby provide written disclosure on the record of a possible conflict of interest relating to Bill No. 2698, the Mayor's Proposed Operating Budget for Fiscal Year 2018-2019 regarding the appropriation for Leadership Kaua'i training in the Office of the Mayor, as I am a volunteer and facilitator for the annual Leadership Kaua'i adult class. Additionally, Leadership Kaua'i and my company, Kupu a'e Leadership Development, are partners in leadership initiatives on Kaua'l. In light of the above, I will recuse myself from the aforementioned item during the Fiscal Year 2018-2019 Departmental Budget Reviews, Budget Call -Backs, and Decision -Making, related to this item, 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. JA:lc cc: April 11, 2018 Council Meeting Agenda County of Kaua'i Board of Ethics Council Services Staff Fiscal Year 2018-2019 Budget File AN EQUAL OPPORTUNITY EMPLOYER ?>OF- 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 March 20, 2018 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 RE: POSSIBLE CONFLICT OF INTEREST RELATING TO BILL NO. 2698, THE MAYOR'S PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2018-2019 — APPROPRIATIONS FOR GROVE FARM COMPANY, INC. 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 Bill No. 2698, the Mayor's Proposed Operating Budget for Fiscal Year 2018-2019 regarding the appropriation to Grove Farm (Puhi Metals Recycling) Liabilities in the Department of Finance — Administration and 800 MHz Radio Site Lease: Grove Farm appropriation in the Emergency Management Agency, as I am a Project Manager employed by Grove Farm Company, Inc. In light of the above, I will recuse myself from the aforementioned items during the Fiscal Year 2018-2019 Departmental Budget Reviews, Budget Call -Backs, and Decision -Making, related to these items, and any subsequent meeting thereafter related to these items. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. JA:lc cc: April 11, 2018 Council Meeting Agenda X.ounty'of Kauail Board of.Ethic. s Council Services Staff Fiscal Year 2018-2019 Budget File AN EQUAL OPPORTUNITY EMPLOYER O'� —b.5 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 L-1hu`e, Kauai, Hawaii 96766 MEMORANDUM March 28, 2018 TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: Arryl Kaneshiro, Councilmember 141-1- 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 APR 3 2018 RE: POSSIBLE CONFLICT OF INTEREST RELATING TO AGENDA ITEM C 2018-87, GRANT OF EASEMENTS FROM GROVE FARM PROPERTIES, INC., TO THE COUNTY OF KAUA`I, TAX MAP KEY NO. (4) 3-3-018:009 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 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 Agenda item C 2018-87, Grant of Easements from Grove Farm Properties, Inc., conveying easements to the County of Kauai, Tax Map Key No. (4) 3-3-018:009, Lihu`e, Kauai, Hawaii, for access, utility, and drainage, due to my employment with Grove Farm, Incorporated. In light of the above, I will recuse myself from the aforementioned item. Should you have any questions, please contact me. Thank you for your attention to this matter. CNT:ct cc: April 11, 2018 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff AN EQUAL OPPORTUNITY EMPLOYER 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 March 28, 2018 TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: Arryl Kaneshiro, Councilmember AK 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 APR 3 2Q18 RE: POSSIBLE CONFLICT OF INTEREST RELATING TO BILL NO. 2698, THE MAYOR'S PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2018-2019 — APPROPRIATIONS FOR KAUA`I PHILIPPINE CULTURAL CENTER 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 Bill No. 2698, the Mayor's Proposed Operating Budget for Fiscal Year 2018-2019 regarding the appropriation to Kauai Philippine Cultural Center in the Office of the Mayor — Grant -In -Aid, as my immediate family member is a member of the Board of Directors and is a Corporate Officer of the organization. In light of the above, I will recuse myself from the aforementioned item during the Fiscal Year 2018-2019 Departmental Budget Reviews, Budget Call -Backs, and Decision -Making, related to this item, 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. JA:dmc cc: April 11, 2018 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff Fiscal Year 2018-2019 Budget File AN EQUAL OPPORTUNITY EMPLOYER ut 0-1 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 January 23, 2018 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 A 32018 `' u J BOARDS & COMMISSIONS TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: Derek S.K. Kawakami, Councilmember �T RE: POSSIBLE CONFLICT OF INTEREST RELATING TO C 2018-25 AND BILL NO. 2687 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 2018-25 and Bill No. 2687 as this Bill would increase residential density in the Lihu`e Town Core Urban Design District. My business, Commercial Properties Limited, has properties for lease on Rice Street in Lihu`e, in addition, I am also a stockholder and boardmember of Haupu Associates (aka Rice Shopping Center). Via this memorandum, I am seeking and requesting an advisory opinion from the County Board of Ethics on whether a conflict of interest exists in this situation. During the interim, I will recuse myself from participating in deliberation on the aforementioned matters. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. YS:lc cc: February 7, 2018 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff AN EQUAL OPPORTUNITY EMPLOYER I v k© t 00 — 00 _