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Home My WebLink About2018_0921_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, September 21, 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 August 31, 2018 Members: Susan Burriss Ryan de la Pena Mary Tudela Dean Toyof iku BUSINESS BOE 2018-12 Discussion and possible decision -making on distributing reminders to update disclosure statements pursuant to Section 20.04 of the Charter of the County of Kauai BOE 2018-13 Discussion and possible amendment or revocation of a prior advisory opinion, RAO 13-006 BOE 2018-14 Discussion and possible decision -making on amending the Disclosure Statement to include a "date" field COMMUNICATION REQUEST FOR AN ADVISORY OPINION RAO 18-003 Request for an Advisory Opinion dated August 28, 2018, from Arryl Kaneshiro relating to a possible conflict of interest relating to Bill No. 2719 DISCLOSURES 1. Ana -Lucia d.I.C.M. Des Marais — Candidate for Mayor 2. Lyle M. Tabata — Acting County Engineer 3. Susan H. Burriss — Board of Ethics An Equal Opportunity Employer 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 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-008 Executive Session Minutes of August 31, 2018 RETURN TO OPEN SESSION Ratify Board actions taken in Executive Session for Item ES-008 ANNOUNCEMENTS Next Meeting: Friday, October 19, 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: Mark Bradbury, 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. Board of Ethics — September 21, 2018 2 1 P a g e 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 laizootkkauai.gov at least seven calendar days prior to the meeting. Board of Ethics — September 21, 2018 3 1 P a g e COUNTY OF KAUAI Minutes of Meeting OPEN SESSION RIAUV��'JA'ggG��4 Board/Commission: I BOARD OF ETHICS Meeting Date I August 31, 2018 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. I End of Meeting: 2:55 p.m. Present Chair Michael Curtis. Secretary Mia Shiraishi. Members: Susan Burriss, Mary Tudela, Dean Toyofuku, and Ryan de la Pena. Also: Deputy County Attorney Mark Bradbury. Boards & Commissions Office Staff Administrator Nicholas R. Courson and Support Clerk Darcie Agaran. Excused Vice Chair Maureen Tabura. 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 July 20, 2018 Minutes Chair Curtis asked if there were any corrections to the minutes to which there were none. Mr. de la Pena moved to approve the Open Session minutes of July 20, 2018, as circulated. Ms. Tudela seconded the motion. Motion carried 6:0. Business There was no business. Communication BOE 2018-11 Possible conflict of interest and recusal dated July 19, 2018, from Arrvl Kaneshiro, relating to a Ma,. o�ppointment to the Planning Commission Mr. de la Pena moved to receive BOE 2018-11. Ms. Shiraishi seconded the motion. Motion Board of Ethics Open Session August 31, 2018 Page 2 SUBJECT DISCUSSION ACTION carried 6:0. Executive ES-003: BOE 2018-08 Confidential letter dated May 29, 2018, from Mayor Bernard P. Carvalho Jr. relatingtgations that an employee or officer of the County of Kauai Session possibly violated the Code of Ethics (Ongoing) ES-007: Executive Session Minutes of April 20, 2018, and July 20, 2018 Ms. Tudela moved to enter into Executive Session at 1:02 p.m. Mr. de la Pena seconded the motion. Motion carried 6:0. Return to Open Ratify Board actions taken in Executive Session for items: ES-003 and ES-007 The Board resumed in Open Session Session at 2:46 p.m. Mr. de la Pena moved to ratify the actions taken in Executive Session for ES-003 and ES-007. Ms. Tudela seconded the motion. Motion carried 6:0. Disclosures 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 Ms. Burriss asked what type of situation required a new (updated) disclosure statement to which Chair Curtis replied any change to the information required in the disclosure statement, noting that the update is required within 30 days of the change. Ms. Burriss asked if the death of her husband would be a cause for a new (updated) disclosure to which Chair Curtis replied yes. Board of Ethics Open Session August 31, 2018 Page 3 SUBJECT DISCUSSION ACTION Ms. Burriss stated that she hadn't noticed it before, but the notary section of the disclosure statement states "undated" for the document date. She noted that it would be a good idea to revise the form to include a "date" section because the date the statement was completed and the date the statement was filed could be years apart. Chair Curtis agreed. Ms. Burriss recommended adding a "date" section in the disclosure statement. Administrator Courson stated that revisions to the form was something the Board votes on, so the recommendation would need to be placed on a future agenda for discussion in Open Session. Ms. Burriss asked if it wouldn't be a clerical change to which Administrator Courson replied that it was a clerical change; however, it would be treated like any other revision to the form. Chair Curtis proposed to place it on the next agenda. Administrator Courson stated that the notary indicates when the disclosure statement was notarized. Ms. Burriss noted that that could be when the person finally went to the bank to get it notarized. Administrator Courson replied true, but the form should be signed in front of a notary. Administrator Courson added that if four board members are in favor of revising the disclosure statement, the revision will be made. Chair Curtis noted that he would vote against it. Administrator Courson explained that that was why it's placed on the agenda because different people have different feelings. Ms. Burriss apologized for bringing up the revision (because there was a lot that would go into revising the disclosure statement) and rescinded her recommendation to add a "date" section. Chair Curtis entertained a motion to deem Disclosures 1 through 4 complete. Mr. de la Pena moved to deem Disclosures 1 through 4 complete. Ms. Burriss seconded the motion. Board of Ethics Open Session August 31, 2018 Page 4 SUBJECT DISCUSSION ACTION Motion carried 6:0. Chair Curtis entertained a motion to deem Disclosure 5 complete. Ms. Burriss moved to deem Disclosure 5 complete. Mr. de la Pena seconded the motion. Motion carried 5:0:1 (Abstention -Chair Curtis). Announcements Next Meeting:y, September 21, 2018 — 1:00 p.m., Mo`ikeha Building, Liquor Conference Room 3 Adjournment Ms. Burriss moved to adjourn. Mr. de la Pena seconded the motion. Motion carried 6:0. Chair Curtis adjourned the meeting at 2:55 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 6 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 August 28, 2018 Michael Curtis, Chairperson and Members of the Board of Ethics c/o Office of Boards & Commissions 4444 Rice Street, Suite 150 Lihu`e, Hawaii 96766 OFFICE OF THE COUNTY CLERK Jade K. Fountain-Tanigawa, County Clerk Scott K. Sato, Deputy County Clerk Dear Chairperson Curtis and Members of the Board of Ethics: Telephone: (808) 241-4188 Facsimile: (808) 241-6349 E-mail: cokcouncil@kauai.gov RE: POSSIBLE CONFLICT OF INTEREST & REQUEST FOR ADVISORY OPINION RELATING TO BILL NO. 2719, AGRICULTURE DISTRICTS DESIGNATIONS I am writing to request that the Board of Ethics provide me with an advisory opinion regarding my participation in County Council proceedings and voting on Bill No. 2719, Agriculture Districts designations. I am employed by Grove Farm Company, Inc. ("Grove Farm"), and the company owns property that have been designated as Important Agricultural Lands ('IAL"). The amendments proposed in Bill No. 2719 are based on establishing designations that have an islandwide effect and are not intended to focus only on lands owned by Grove Farm. Because Grove Farm Company is not the subject of this proposed amendment, I believe I should be allowed to continue to participate in discussions on this matter. Should you have any questions, please feel free to contact me at the Office of the County Clerk, Council Services Division, at 241-4188. Sincerely, a4MJW� ARRYL KANESHIRO Councilmember, Kauai County Council AMK:lc cc: Nicholas R. Courson, Boards & Commissions Administrator AN EQUAL OPPORTUNITY EMPLOYER Rho ' 5 - 003