HomeMy WebLinkAbout2017_0317_BOE_Minutes_Open_ApprovedCOUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Auuroved as circulated on Auri121.2017
Board/Committee:
I BOARD OF ETHICS
Meeting Date
March 17, 2017
Location
Mo`ikeha Building, Liquor Conference Room 3
Start of Meeting: 1:00 p.m.
End of Meeting: 1:16 p.m.
Present
Chair Mary Tudela; Vice Chair Michael Curtis; Secretary Maureen Tabura. Members: Ryan de la Pena; Calvin Murashige; Brad
Nagano, Mia Shiraishi
Staff. Deputy County Attorney Bentley Adams; Boards & Commissions Office: Commission Support Clerk Sandra Muragin
Excused
Boards & Commissions Office Administrator Jay Furfaro
Absent
SUBJECT
DISCUSSION
ACTION
Call To Order
Chair Tudela called the meeting to order at 1:00
p.m. with 7 members present.
Approval of
Minutes
Regular Open Session Minutes of February 17, 2017
Mr. Nagano moved to approve the Open Session
Minutes of February 17, 2017. Mr. Murashige
seconded the motion. Motion carried with 7:0
Communication
BOE 2017-03 Letter dated February 7, 2017 from Thomas Canute, Board of
Mr. Curtis motioned to amend the agenda and
move BOE 2017-03 from Communications to
Request for an Advisory Opinion. Ms. Tabura
seconded the motion. Motion Carried 7:0
Water Supply regarding potential conflict of interest as current appointed
Board Member and Treasurer for the Kauai Habitat for Humanity (KHFH)
that is building affordable housing on Kauai. The Board of Water is
proposing a reduction in the current Facilities Reserve Charge (FRC) for
those individuals or entities building and/or developing affordable housing
on Kauai. The KHFH organization would benefit directly from the lower
FRC charge.
Chair Tudela informed the Board that an amendment to the agenda was
required. The first communication item, BOE 2017-03 is technically a
request for an advisory opinion. She asked the Board for a motion to amend
the agenda and move BOE 2017-03 from Communications to Request for
an Advisory Opinion.
BOE 2017-04 Copy of a memo dated FebrugnL 17 2017 from A 1
Board of Ethics
Open Session
March 17, 2017
Page 2
SUBJECT
DISCUSSION
ACTION
Kaneshiro, Council member to Council Chair Mel Rapozo regarding his
recusal for a possible conflict of interest relating to agenda items C 2017-58,
a dedication deed (Lot 1-A-5-A) from Grove Farm Compan., Incolporated,
Ms. Tabura moved to accept communication
to the County of Kauai. Mr. Kaneshiro is a Project Manager for Grove
BOE 2017-04. Mr. Nagano seconded the
Farm CompanyInc.
motion. Motion carried 7:0
Request for an
RAO 17-004 Letter dated February 27, 2017 from Sherman Shiraishi,
Advisory
Attorney, regarding association with Kauai Habitat for Humanity (KHH)
conflict of interest in considering the Department of Water rule changes that
Opinion
would impact fees for affordable housing units.
Chair Tudela acknowledged Attorney Sherman Shiraishi and asked if there
was anything in addition that he wanted to share with the Board members.
Mr. Shiraishi stated he did not but was available for any questions from the
Board.
Ms. Shiraishi recused herself from the discussion and remained in the room.
Mr. Curtis moved to receive RAO 17-004 and
Mr. Murashige stated he did not see a need to recuse himself but informed
that there is no conflict of interest. Mr. de la
the Board that he was a business partner with Mr. Shiraishi that ended back
Pena seconded the motion.
in 1999.
Motion carried 6:1 (recusal: Shiraishi)
Chair Tudela thanked Mr. Shiraishi for his time.
BOE 2017-03 Letter dated February 7, 2017 from Thomas Canute, Board of
Water Supply regarding_potential conflict of interest as current appointed
Board Member and Treasurer for the Kauai Habitat for Humanity (KHFH)
that is building affordable housing on Kauai. The Board of Water is
proposing a reduction in the current Facilities Reserve Charge (FRC) for
those individuals or entities building and/or developing affordable housing
on Kauai. The KHFH organization would benefit directly from the lower
Board of Ethics
Open Session
March 17, 2017
Page 3
SUBJECT
DISCUSSION
ACTION
FRC charge.
Mr. Murashige inquired if Mr. Canute was notified that his presence at the
meeting might assist the Board in determining receipt of his letter?
Chair Tudela asked Commission Support Clerk Muragin if Mr. Canute was
notified. Ms. Muragin answered not that she was aware of. Based on that
response Chair Tudela suggested to defer and give Mr. Canute an
opportunity to present himself. She then asked for advice from Deputy
County Attorney Bentley Adams.
Mr. Adams suggested the Board defer for process reason.
Chair Tudela addressed the Board that Mr. Adams suggested a deferral for
processing reasons and to allow Mr. Canute the opportunity to present
himself.
Mr. Curtis stated he didn't think a deferral was necessary.
Mr. Curtis motioned to receive Mr. Canute's
disclosure and find that there is no conflict of
Mr. Curtis said it's similar to Mr. Shiraishi's disclosure. Mr. Canute
interest. Mr. de la Pena seconded the motion.
disclosed his position and he did not see any conflict of interest and that is
why he made the motion to receive. Mr. Curtis stated that his presence
would not alter the Board's decision.
Mr. Murashige shared that he saw a slight difference from Mr. Shiraishi's
requests. He noted Mr. Shiraishi's involvement with Kauai Habitat For
Humanities (KHFH) would constitute as incidental. He stated it's not on a
regular basis, it could be but it's not, Mr. Shiraishi is not a non-profit
attorney. The issue with Mr. Canute's situation is that he is a Board
member. Mr. Murashige questioned the impact a board member would
have. He brought up a past situation that the Board reviewed regarding Mr.
Board of Ethics
Open Session
March 17, 2017
Page 4
SUBJECT
DISCUSSION
ACTION
Kukai Kuali'i. There was concern because of his involvement with the
YWCA (Young Women's Christian Association).
Chair Tudela acknowledged consistency with prior decisions as a way to
decide on potential conflicts. For comparison she remembered there was
one about the government, taxation or increases in prices that was going to
affect everyone. She believed the Board supported it and found it did not
have an issue. Chair Tudela said that Mr. Canute's disclosure is in the same
category because a vote would imply all non -profits not just the KHFH. She
stated that is why she is leaning more towards Mr. Curtis direction, because
any decision made would be for all non -profits not just specific to KHFH.
Mr. Nagano said he remembered the Kuali'i discussion. He said that Mr.
Kuali'i was a Board member and that it specifically funded the YWCA.
Chair Tudela agreed.
Ms. Shiraishi shared that a Board member has a certain duty to act in the
best interest of the organization serving. She felt he would have to vote for
the FRC (Facilities Reserve Charge) a certain way in order to support the
organization.
Mr. Curtis inquired about the differences for the Board of Water Supply
FRC between non -profits, home owners and new building permits.
Mr. Murashige stated it could be for individuals.
Mr. de la Pena confirmed it could be for individuals and entities building
affordable housing.
Motion carried 5:2 (nay: Murashige and
Chair Tudela called for the question.
Shiraishi)
Disclosures
1. Kimberly Asako Tori oe (DeppV Prosecuting Attorney)
Ms. Tabura moved to receive Disclosures 1, 2, 3,
Board of Ethics
Open Session
March 17, 2017
Page 5
SUBJECT
DISCUSSION
ACTION
2. Bentley Childs Adams III (DepILty County Attorney)
4 and deem them complete with Disclosure 5
3. Ginger Davis Grinpas (Deputy Prosecuting Attorney)
being incomplete for a blank area. Mr. de la
4. Alfred C. Garces Jr. (Fire Commission)
Pena seconded the motion. Motion carried 7:0
5. Michael Martinez (Fire Commission)
Announcements
Next Meeting: Friday, April 21, 2017 — 1:00 p.m., Mo'ikeha Building,
Liquor Conference Room
Adjournment
Mr. Murashige moved to adjourn the meeting at
1:16 p.m. Ms. Tabura seconded the motion.
Motion carried 7:0.
Submitted by:
Sandra M. Muragin, Commission Support Clerk
( X ) Approved as circulated. 4/21/17
( ) Approved with amendments. See minutes of meeting.
Reviewed and Approved by:
Mary Tudela, Chair