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Home My WebLink About2018_0831_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, AuguA-24AUGUST 31, 2018 1:00 p.m. or shortly thereafter Mo`ikeha Building, Liquor Conference Room 3 4444 Rice Street, Lihu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Open Session Minutes of July 20, 2018 BUSINESS Members: Susan Burriss Ryan de la Pena Mary Tudela Dean Toyofuku COMMUNICATION BOE 2018-11 Possible conflict of interest and recusal dated July 19, 2018, from Arryl Kaneshiro, relating to a Mayoral appointment to the Planning Commission 17I,Y4I11J.—I0 am 1. Felicia E. Cowden — Candidate for County Council 2. Trinette P. Kaui — Salary Commission 3. Aubrey Summers — Historic Preservation Review Commission 4. Nancy A. Kanna — Public Access, Open Space, and Natural Resources Preservation Fund Commission 5. Michael C. Curtis — Board of Ethics EXECUTIVE SESSION Pursuant to H.R.S. §92-4, §92-5(a)(2) and (4), and §92-9 (a)(1-4) and (b), the purpose of this executive session is to receive and approve Executive Session minutes; 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 An Equal Opportunity Employer 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-007 Executive Session Minutes of April 20, 2018, and July 20, 2018 RETURN TO OPEN SESSION Ratify Board actions taken in Executive Session for items: ES-003 and ES-007 ANNOUNCEMENTS Next Meeting: Friday, September 21, 2018 — 1:00 p.m., Mo`ikeha Building, Liquor Conference Room 3 . u• 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. Board of Ethics — August�4AUGUST 31, 2018 _ 2 P a x.,, e 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 lagooQ-i)kauai.,,_ov at least seven calendar days prior to the meeting. Board of Ethics — AtrguA-24AUGUST 31, 2018 3 1 P a e II a I I I MM Minutes of Meeting OPEN SESSION Board/Commission: I BOARD OF ETHICS Meeting Date July 20, 2018 Location Mo'ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. I End of Meeting: 2:40 p.m. Present Chair Michael Curtis. Secretary Mia Shiraishi. Members: Susan Burriss, Mary Tudela, Dean Toyoftiku, 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 Vice Chair Maureen Tabura. Absent ig A IS 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 uorum. 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 (Ongoing) ES-006: Executive Session Minutes of June 15, 2018 and June 29, 2018 Chair Curtis suggested that the Board enter into Executive Session and ask Mr. Lyle Tabata to address the Board with his request that was received in writing, requesting CD copies of all documents relating to Resolution No. 2018-1 and to reschedule the fi interview. Administrator Courson announced that Mr. Tabata just informed him that he was no longer requesting for a delay in the interview; however, he renewed his request for the odocuments. Chair Curtis entertained a motion to enter into Executive Session pursuant to HRS §92- Board of Ethics Open Session July 20, 2018 Page 2 SUBJECT DISCUSSION ACTION 4, §92-5(a)(2) and (4), and §92-9(a)(1-4) and (b). Mr. de la Pena moved to enter into Executive Session at 1:01 p.m. Ms. Shiraishi seconded the motion. Discussion: Ms. Tudela asked if they needed to call in Mr. Tabata as soon as they enter into Executive Session to which Chair Curtis replied no. With no further discussion, Chair Curtis called for the vote. Motion carried 6:0. Return to Open Ratify Board actions taken in Executive Session for items: ES-003 and ES-006 The Board resumed in Open Session Session at 2:27 p.m. Mr. de la Pena moved to ratify the actions taken in Executive Session for ES-003 and ES-006. Ms. Tudela seconded the motion. Motion carried 6:0. Approval of Open Session Minutes of June 29, 2018 — Special Meeting Minutes Chair Curtis asked if there were any changes or corrections to the minutes. Hearing none, Chair Curtis entertained a motion to approve the Open Session Minutes of June 29, 2018. Ms. Tudela moved to approve the Open Session minutes of June 29, 2018, as circulated. Mr. de la Pena seconded the motion. Motion carried 6:0. Communication There was no communication. Disclosures 1. Mason K. Chock — Candidate for County Council 2. Ana -Lucia d.I.C.M. Des Marais — Candidate for Mayor 3. Dominic C. Acain — Candidate for County Council Board of Ethics Open Session July 20, 2018 Page 3 SUBJECT DISCUSSION ACTION 4. Mark L. Ishmael — Deputy County Attorney 5. Wally K. Nishimura — Candidate for County Council 6. Kenneth N. Rainford — Salary Commission 7. Teresa F. Tumbaga — Deputy County Attorney 8. Roy G.T. Saito — Candidate for County Council With regard to Disclosure 3, Dominic C. Acain, Mr. de la Pena stated that a security officer position at the Sheraton Kaua'i Resort was listed under Employment, but there was no annual income listed for that employer. Ms. Tudela noted that Mr. Acain listed that he received $11,000 in industrial accident checks since January 1, 2018. Chair Curtis stated that Sheraton was now owned by Marriott. Ms. Tudela asked if he was saying it's the same employer to which Chair Curtis replied yes. Mr. Toyofuku pointed out that if Mr. Acain was injured and receiving workman's compensation, he would not be receiving salary. He would only receive the workman's compensation, but still be considered as employed with the Sheraton Kaua'i Resort. The Board members concurred that they had no problem with Mr. Acain's disclosure statement. With regard to Disclosure 2, Ana -Lucia d.I.C.M. Des Marais, Chair Curtis noted that she listed 5 employers and an annual income of $1,000. Ms. Tudela suggested to ask Ms. Des Marais for clarification. Mr. de la Pena moved to deem Disclosures I through 8 complete, except Disclosure 2. Ms. Tudela seconded the motion. Motion carried 6:0. Announcements Next Meeting: Fridgy, August 24, 2018 — 1:00 p.m., Mo'ikeha Building, Liquor Conference Room 3 Adjournment Mr. de la Pena moved to adjourn. Ms. Tudela seconded the motion. Board of Ethics Open Session July 20, 2018 Page 4 SUBJECT DISCUSSION ACTION Motion carried 6:0. Chair Curtis adjourned the meeting at 2:40 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 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-diu`e, Kauai, Hawaii 96766 MEMORANDUM July 19, 2018 TO: Mel Rapozo, Council Chair and Members of the Kauai County Council FROM: Arryl Kaneshiro, Councilmember ajC 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 r E L] i A 2 0 2018 J 13 OA i,73 chi V0'V""IJS1 RE: POSSIBLE CONFLICT OF INTEREST AND RECUSAL RELATED TO MAYORAL APPOINTMENT TO THE PLANNING 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 Mayoral appointment of Elesther Calipjo to serve on the Planning Commission, because Mr. Calipjo is a member of my immediate family. In light of the above, I will recuse myself from any agenda item related to this Mayoral appointment. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. AMK:mn cc: August 8, 2018 Council Meeting Agenda County of Kauai Board of Ethics Council Services Staff ME, 2010 - I I AN EQUAL OPPORTUNITY EMPLOYER