HomeMy WebLinkAbout2018_0720_BOE OP Minutes APPROVEDCOUNTY OF KAUAI
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.
End of Meeting: 2:40 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 Sinclair Salas-Ferguson. 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.
Executive
ES-003: BOE 2018-08 Confidential letter dated May 29, 2018, from Mayor Bernard P.
Carvalho Jr. relatingto o 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
copies of all documents relating to Resolution No. 2018-1 and to reschedule the
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
documents.
Chair Curtis entertained a motion to enter into Executive Session pursuant to HRS §92-
4, §92-5(a)(2) and (4), and §92-9(a)(1-4) and (b).
Mr. de la Pena moved to enter into
Board of Ethics
Open Session
July 20, 2018
Page 2
SUBJECT
DISCUSSION
ACTION
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.1.C.M. Des Marais — Candidate for Mayor
3. Dominic C. Acain — Candidate for County Council
4. Mark L. Ishmael — Deputy County Attorney
Board of Ethics
Open Session
July 20, 2018
Page 3
SUBJECT
DISCUSSION
ACTION
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 Kauai 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. Toyof iku 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 Kauai Resort. The Board members
concurred that they had no problem with Mr. Acain's disclosure statement.
With regard to Disclosure 2, Ana -Lucia d.1.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 1 through 8 complete,
except Disclosure 2. Ms. Tudela
seconded the motion. Motion
carried 6:0.
Announcements
Next Meeting. Friday, 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.
Motion carried 6:0.
Board of Ethics
Open Session
July 20, 2018
Page 4
SUBJECT
DISCUSSION
ACTION
Chair Curtis adjourned the meeting
at 2:40 p.m.
Submitted by:
Darcie Agaran, Staff Support Clerk
( X ) Approved as circulated.
( ) Approved with amendments. See minutes of
Reviewed and Approved by:
meeting.
Michael Curtis, Chair