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Home My WebLink About2018_0629_BOE Special Mtg Agenda PacketMichael Curtis Members: Chair Susan Burriss Ryan de la Pena Maureen Tabura Mary Tudela Vice Chair Dean Toyofuku Mia Shiraishi Secretary COUNTY OF KAUA'I BOARD OF ETHICS NOTICE OF SPECIAL MEETING AND AGENDA Friday, June 29, 2018 1:00 p.m. or shortly thereafter Mo`ikeha Building, Liquor Conference Room 3 .18 JJN 22 P 3 :26 4444 Rice Street, Lihu'e, HI 96766 0° r ICJ Cl,!- T11E (�tNT Y ClEa I CALL TO ORDER C0Will Y C U :!`I APPROVAL OF MINUTES Open Session Minutes of June 15, 2018 COMMUNICATION DISCLOSURES 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 (Ongoing) ES-005: BOE 2018-10 Letter dated June 15, 2018 relating to allegations that an employee or officer of the County of Kauai possibly violated the Code of Ethics W III 11-we lfi717a�1►(.�9E.`3.�[1�►i An Equal Opportunity Employer 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. 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 Uhu`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 latwt(),,kauai.gov at least seven calendar days prior to the meeting. Board of Ethics — June 29, 2018 I R.�.Al I 5T I @A U., j COUNTY OF KAUAI yjTjfl ,�U.,#ojgqj Minutes of Meeting OPEN SESSION Board/Commission: I BOARD OF ETHICS Meeting Date I June 15, 2018 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. IEnd of Meeting: 2:43 p.m. Present Chair Michael Curtis. Vice Chair Maureen Tabura. Secretary Mia Shiraishi. Members: Susan Burriss (entered at 1:22 p.m.), Mary Tudela, Dean Toyofuku, and Ryan de la Pena. Also: Deputy County Attorney Sinclair Salas-Ferguson. Boards & Commissions Office Staff: Administrator Nicholas R. Courson and Support Clerk Darcie Agaran. Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Curtis called the meeting to order at 1:00 p.m. with six members present which constituted a quorum. Approval of Open Session Minutes of April 20, 2018 Ms. Tudela moved to receive the Minutes Open Session minutes of April 20, 2018, as circulated. Mr. de la Pena seconded the motion. Motion carried 5:0:1 (Abstention -Ms. Tabura). Communication There was no communication. Disclosures I . 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 Board of Ethics Open Session June 15, 2018 Page 2 SUBJECT DISCUSSION ACTION 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 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 Ms. Tudela moved to receive Disclosures 1 through 23 — except Disclosures 7, 13, 19, and 20 — as complete. Mr. de la Pena seconded the motion. Motion carried 6:0. With regard to Disclosure 7, Felicia E. Cowden, Chair Curtis stated that a Honda car was listed as a creditor; however, he didn't think a Honda car was the loaner. Ms. Tabura had a question on her annual income. She noted that Ms. Cowden listed that she has 100 percent interest in a business, but no income was listed for that business. Ms. Tabura moved to reject the completeness of Disclosure 7. Ms. Tudela seconded the motion. Motion carried 6:0. Board of Ethics Open Session June 15, 2018 Page 3 SUBJECT DISCUSSION ACTION With regard to Disclosure 19, JoAnn A. Yukimura, Chair Curtis stated that there was a question regarding her "State of Hawaii" income. He stated that he was willing to assume it was retirement income. Ms. Tudela stated that she was not comfortable with assuming where the income was coming from. She felt that the Board needed to give everyone the same status of completeness. Chair Curtis noted that the income was from the State of Hawaii. Ms. Tudela stated that the question was whether or not Ms. Yukimura was employed by the State. Ms. Tabura moved to receive Disclosure 19 as complete. Mr. de la Pena seconded the motion. Motion carried 5:1 (Nay -Ms. Tudela). With regard to Disclosure 13, Roy G.T. Saito, Chair Curtis stated that Mr. Saito listed his annual income as $5,340. The question was whether that was his monthly or annual income. Chair Curtis noted that the disclosure asks for annual income. He added that the Board was going to suggest that it was an incomplete disclosure until it's clarified. Ms. Burriss entered the meeting at 1:22 p.m. Mr. de la Pena moved that Disclosure 13 was incomplete. Ms. Tabura seconded the motion. Motion carried 6:0:1 (Abstention - Ms. Burriss). With regard to Disclosure 20, Theodore A. Daligdig III, Chair Curtis stated that it appeared Mr. Daligdig listed his monthly income rather than annual income. Mr. de la Pena moved to reject Disclosure 20 as incomplete. Ms. Shiraishi seconded the motion. Board of Ethics Open Session June 15, 2018 Page 4 SUBJECT DISCUSSION ACTION Motion carried 7:0. Executive 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 Session 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 County Clerk Jade Fountain-Tanigawa stated that she provided a handout with regard to ES-003 and wanted to ensure that the Board received it. Ms. Fountain-Tanigawa noted that she was present to answer any questions. Chair Curtis confirmed that the Board received the handout. Chair Curtis entertained a motion to enter into Executive Session pursuant to HRS 92-4 and 92-5(a)(2) and (4). Ms. Tudela moved to enter into Executive Session at 1:25 p.m. Mr. de la Pena seconded the motion. Motion carried 7:0. Return to Open The Board resumed in Open Session Session at 2:42 p.m. Mr. de la Pena moved to ratify the actions taken in Executive Session for ES-003 and ES-004. Ms. Tudela seconded the motion. Motion carried 7:0. Announcements Next Meeting. Frida�T�June 29, 2018 — 1:00 p.m., Mo`ikeha Building, Liquor Conference Room 3 Board of Ethics Open Session June 15, 2018 Page 5 SUBJECT DISCUSSION ACTION Chair Curtis announced that there will be a special meeting in two weeks on June 29, 2018, at one o'clock in the Liquor Conference Room. Adjournment Ms. Tudela moved to adjourn. Mr. de la Pena seconded the motion. Motion carried 7:0. Chair Curtis adjourned the meeting at 2:43 p.m. Submitted by: Darcie Agaran, Staff Support Clerk () Approved as circulated. () Approved with amendments. See minutes of Reviewed and Approved by: meeting. Michael Curtis, Chair