Loading...
HomeMy WebLinkAbout2018_0615_BOE-Mtg PacketMichael Curtis Chair Maureen Tabura Vice Chair Mia Shiraishi Secretary COUNTY OF KAUA'I BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, June 15, 2018 1:00 p.m. or shortly thereafter Mo`ikeha Building, Liquor Conference Room 3 4444 Rice Street, L7hu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Open Session Minutes of April 20, 2018 COMMUNICATION DISCLOSURES Members: Susan Burriss Ryan de la Pena Mary Tudela Dean Toyofuku 1. Paula M. Morikami — Deputy Director of Finance 2. Todd J.M. Dickenson — Deputy Prosecuting Attorney 3. Norma Doctor Sparks — Candidate for County Council 4. Shirley R. Simbre-Medeiros — Candidate for County Council 5. Mia R. Shiraishi — Board of Ethics 6. Leonard A. Rapozo — Candidate for Mayor 7. Felicia E. Cowden — Candidate for County Council 8. Derek S.K. Kawakami — County Council/Candidate for Mayor 9. Wally K. Nishimura — Candidate for County Council 10. Ross K. Kagawa — Candidate for County Council 11. Melvin F. Rapozo — County Council/Candidate for Mayor 12. Richard S. Fukushima — Candidate for County Council 13. Roy G.T. Saito — Candidate for County Council 14. Erica J.A. Taniguchi — Open Space, Natural Resources, Preservation Fund Commission 15. Harold D.K. Vidinha — Candidate for County Council 16. Bill D. De Costa — Candidate for County Council 17. Arryl J. Kaneshiro — County Council 18. Arthur J. Brun — Candidate for County Council 19. JoAnn A. Yukimura — Candidate for Mayor An Equal Opportunity Employer 20. Theodore A. Daligdig III — Candidate for County Council 21. Heather K. Ahuna — Candidate for County Council 22. Adam P. Roversi — Candidate for County Council 23. Juno Ann A. Apalla — Candidate for County Council EXECUTIVE SESSION Pursuant to H.R.S. §92-4 and §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-003: BOE 2018-08 Confidential letter dated May 29, 2018, from Mayor Bernard P. Carvalho Jr. relating to allegations that an employee or officer of the County of Kauai possibly violated the Code of Ethics ES-004: BOE 2018-09 Anonymous communication, undated, alleging that an officer or employee of the County of Kauai has engaged in unethical behavior RETURN TO OPEN SESSION ANNOUNCEMENTS Next Meeting: Friday, July 20, 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). 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 1 P a g e Board of Ethics — June 15, 2018 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 testimonv to: Board of Ethics Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu`e, HI 96766 Phone: 241-4881 Phone: 241-5127 SPECIAL ASSISTANCE If you need an ASL Interpreter, materials in an alternate format, or other auxiliary aid support, or an interpreter for a language other than English, please contact Lani Agoot at (808) 241-4917 or lagootkkauai.gov at least seven calendar days prior to the meeting. 3 1 P a g e Board of Ethics — June 15, 2018 COUNTY OF KAUAI t[A t 3 9Z. w6j,= I Minutes of Meeting OPEN SESSION Board/Commission: I BOARD OF ETHICS Meeting Date April 20, 2018 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. End of Meeting: 1:20 p.m. Present Chair Michael Curtis; Secretary Mia Shiraishi; Members: Susan Burriss, Mary Tudela, Dean Toyofuku, 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 Vice Chair Maureen Tabura Absent SUBJECT DISCUSSION ACTION Call To Order Chair Curtis called the meeting to order at 1:00 m. with six members present. Approval of Minutes Regular _. Open Session Minutes of March 16, 2018 Mr. de la Pena moved to approve the Open Session minutes of March 16, 2018, as circulated. Ms. Shiraishi seconded the motion. Motion carried 6:0. Business There was no business. Communication BOE 2018-03 Possible conflict of interest dated March 20, 2018, from Arrvl Mr. de la Pena moved to receive BOE 2018-03. Ms. Shiraishi seconded the motion. Motion carried 6:0. 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 Ms. Tudela moved to receive BOE 2018-04. Mr. de la Pena seconded the motion. Motion carried 6:0. 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 Ms. Shiraishi moved to receive BOE 2018-05. Mr. Toyofuku seconded the motion. Motion carried 6:0. Kaneshiro relating to Bill No. 2698, the Mayor's proposed Operating Budget for Fiscal Year 2018-2019 — Appropriations for Grove Farm Company, Inc. Board of Ethics Open Session April 20, 2018 Page 2 SUBJECT DISCUSSION ACTION BOE 2018-06 Possible conflict of interest dated March 28, 2018, from Arryl Ms. Tudela moved to receive BOE 2018-06. Kaneshiro relating to C 2018-87, Grant of Easements from Grove Farm Ms. Burriss seconded the motion. Motion Properties, Inc., to the County of Kauai, Tax Map Key No. (4) 3-3-018-009 carried 6:0. BOE 2018-07 Possible conflict of interest dated March 28, 2018, from Arryl Ms. Tudela moved to receive BOE 2018-07. Mr. Kaneshiro relating to Bill No. 2698, the Mayor's proposed Operating Toyofuku seconded the motion. Motion carried Budget for Fiscal Year 2018-2019 — Appropriations for Kauai Philippine 6:0. Cultural Center Request for An RAO 18-002 Request for an Advisory Opinion dated January 23, 2018, from Derek S.K. Kawakami relating to a possible conflict of interest Advisory relating to C 2018-25 and Bill No. 2687 Opinion Mr. de la Pena moved that the Board find no conflict of interest. Ms. Tudela seconded the motion. Ms. Shiraishi stated that Commercial Properties Limited is currently a client of her law firm and she is doing work for them. She questioned whether or not she should recuse herself to which Deputy County Attorney Mark Bradbury said yes. Ms. Shiraishi recused herself. Mr. de la Pena said his reason for the motion was that he didn't see Commercial Properties Limited identified in Bill No. 2687. Chair Curtis stated that it appeared the increased density would be beneficial to commercial property business interests. He said regardless of whether or not Commercial Properties Limited is specifically going to receive increased density, they would benefit commercially from any increase in density. After further discussion the Board agreed there is a conflict of interest. Motion failed 0:5. Board of Ethics Open Session April 20, 2018 Page 3 SUBJECT DISCUSSION ACTION Ms. Tudela moved that the Board find there is a conflict of interest. Ms. Burriss seconded the motion. Motion carried 5:0. Executive ES-002 Executive Session Minutes of March 16, 2018 Ms. Tudela moved to go into Executive Session Session at 1:12 p.m. Mr. de la Pena seconded the motion. Motion carried 6:0. Return to Open Ratify Commission actions taken in Executive Session for item: ES-002 The Board resumed in Open Session at 1:13 p.m. Session Mr. de la Pena moved to ratify the action taken in Executive Session for ES-002. Ms. Tudela seconded the motion. Motion carried 6:0. Disclosures 1. Charles P. Stack — Charter Review Commission Ms. Burriss moved to receive disclosures 1 2. Jonelle M. Jardin — Police Commission through 7 and deem them complete. Ms. Tudela 3. Nicholas R. Courson - Administrator seconded the motion. Motion carried 6:0. 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 scheduled Friday, May 18, 2018 —1:00 p.m., Mo`ikeha Building, Liquor Conference Room 3 Adjournment Ms. Burriss moved to adjourn the meeting at 1:20 p.m. Mr. de la Pena seconded the motion. Motion carried 6:0. Submitted by: Lani Agoot, Administrative Specialist ( ) Approved as circulated. Reviewed and Approved by: Michael Curtis, Chair Board of Ethics Open Session April 20, 2018 Page 4 ( ) Approved with amendments. See minutes of meeting.