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HomeMy WebLinkAbout2018_0831_BOE OP Minutes APPROVEDCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION Auuroved as circulated on 9/21/18 Board/Commission: I BOARD OF ETHICS Meeting Date August 31, 2018 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. 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 AM l 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 carried 6:0. Executive ES-003: BOE 2018-08 Confidential letter dated May 29 2018 from Ma or Bernard P. Board of Ethics Open Session August 31, 2018 Page 2 SUBJECT DISCUSSION ACTION Session 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 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. Friday, 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