HomeMy WebLinkAbout2018_03_16_BOE_Minutes_Open Sess ApprovedCOUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Approved as circulated 4/20/18
Board/Commission:
I BOARD OF ETHICS
Meeting Date
March 16, 2018
Location
Mo`ikeha Building, Liquor Conference Room 3
Start of Meeting: 1:00 p.m.
End of Meeting: 1:44 p.m.
Present
Chair Michael Curtis; Vice Chair Maureen Tabura; Secretary Mia Shiraishi; Members: Susan Burriss (entered at 1:03 p.m), Mary Tudela
(entered at 1: 05 p.m.), 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
Absent
SUBJECT
DISCUSSION
ACTION
Call To Order
Chair Curtis called the meeting to order at 1:00
m. with 5 members present.
Approval of
Regular _. Open Session Minutes of February 16, 2018
Ms. Shiraishi moved to approve the Open
Minutes
Session minutes of February 16, 2018, as
circulated. Mr. Toyofuku seconded the motion.
Motion carried 5:0.
Business
There was no business.
Communication
There were no communications.
Request for An
RAO 18-001 Request for An Advisory pinion dated March 6, 2018, from
Ms. Tabura moved that the Board find there is
Clayton Tremaine regarding a possible conflict of interest,
Advisory
no conflict of interest. Mr. de la Pena seconded
Opinion
the motion.
Chair Curtis stated that he wanted to know what Mr. Tremaine's role was at
Garden Isle Disposal before making a determination.
Ms. Shiraishi said her concern was with regard to the tipping fees at the
Kekaha Landfill for commercial vehicles. She questioned whether or not
Mr. Tremaine would be in a position to waive tipping fees for a Garden Isle
Disposal truck.
Ms. Burriss entered the meeting at 1: 03 p.m.
Board of Ethics
Open Session
March 16, 2018
Page 2
SUBJECT
DISCUSSION
ACTION
Ms. Tudela entered the meeting at]: 05 p.m.
The Board discussed the fact that it was difficult to render a decision
without more information and without Mr. Tremaine present to answer their
questions. Ms. Tudela stated that she could not support the motion on the
floor because Mr. Tremaine was not present and the Board had questions
about authority and decision -making.
Ms. Shiraishi cited Section 3-1.7(b) of the Kauai County Code, "No
employee shall acquire a financial interest in any business or other
undertaking which he has reason to believe may be directly involved in
official action to be taken by him. " She said an "official action " was his
work at the landfill, and he would be acquiring a financial interest if he took
the job at Garden Isle Disposal. Ms. Shiraishi stated that there was reason
to believe that Mr. Tremaine, in his official action at the landfill, would
have some direct involvement with the Garden Isle Disposal trucks at the
landfill.
With no further discussion, Chair Curtis called for the vote.
Motion failed 0:7.
Administrator Nicholas Courson cited Rule 5(b) of the Board of Ethics
Rules and Regulations, "All requests for advisory opinions to the Board
shall be in writing and shall contain, (1) the name of the person requesting
the opinion, (2) the County agency in which he serves or works, (3) his
position therein, (4) the nature and duties of his service or employment, (5)
the date of the request, (6) contact information, (7) a statement of the facts
and circumstances upon which the Board is to make its determination, and
(8) the signature of the person requesting the opinion. " He said if the
Board was unable to make a determination at this time, the Office of Boards
Board of Ethics
Open Session
March 16, 2018
Page 3
SUBJECT
DISCUSSION
ACTION
and Commissions could send Mr. Tremaine a letter that would include the
language of Rule 5(b), and advise him that the Board needed more
information. Chair Curtis stated that the motion was denied; however, Mr.
Courson was welcome to advise Mr. Tremaine. Mr. Courson clarified that
although the motion was denied, there was no action taken on the request.
Ms. Tudela reiterated her position that she needed more information from
Mr. Tremaine in order to make a decision. Chair Curtis stated that it was
not the Board of Ethics' role to request more information from Mr.
Tremaine; however, the Administrator was welcome to advise the requestor.
Ms. Tudela moved that Administrator Nicholas
Courson request additional information from Mr.
Tremaine based on Rule 5(b). Ms. Burriss
seconded the motion. Motion carried 7:0.
Executive
ES-001 Anonymous communication dated February 16, 2018, alleging that an
Mr. de la Pena moved to go into Executive
officer or employee of the County of Kauai engaged in unethical or corrupt
Session
Session at 1:11 p.m. Ms. Tudela seconded the
behavior
motion.
Deputy County Attorney Mark Bradbury read H.R.S. §92-4 and 92-5(a) (2) and
(4) into the record.
Motion carried 7:0.
Return to Open
The Board resumed in Open Session at 1:36 p.m.
Session
Ms. Tudela moved to ratify the action taken in
Executive Session for ES-001. Mr. de la Pena
seconded the motion. Motion carried 7:0.
Disclosures
1. Cecelia K. Hoffman (Candidate for County Council)
Ms. Tudela moved to receive disclosures 1
2. Luke A. Evslin (Candidate for County Council)
through 7 and deem them complete. Ms. Tabura
3. Kipukai L.P. Kualii (Candidate for County Council)
seconded the motion. Motion carried 7:0.
4. Melvin F. Rapozo (Candidate for Mayor)
5. Milo K.F. Spindt (Candidate for County Council)
6. Cameron N. Takamura (Deputy County Attorney)
7. Steven Kyono (Acting Manager & Chief Engineer, Department of
Board of Ethics
Open Session
March 16, 2018
Page 4
SUBJECT
DISCUSSION
ACTION
Water)
Announcements
Next meeting scheduled Friday, April 20, 2018 — 1:00 p.m., Mo`ikeha
Building, Liquor Conference Room 3
Adjournment
Ms. Tabura moved to adjourn the meeting at
1:44 p.m. Ms. Shiraishi seconded the motion.
Motion carried 7:0.
Submitted by:
Lani Agoot, Administrative Specialist
() Approved as circulated.
() Approved with amendments. See minutes of
Reviewed and Approved by:
meeting.
Michael Curtis, Chair