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Dean Toyofuku Members:
Chair Ryan de la Pena
Maureen Tabura
Mia Shiraishi Mary Tudela
Vice Chair
Susan Burriss
Secretary
COUNTY OF KAUA'I BOARD OF ETHICS
NOTICE OF MEETING AND AGENDA
Friday, November 15, 2019
1:00 p.m. or shortly thereafter
Mo‘ikeha Building, Liquor Conference Room 3
4444 Rice Street, Līhu'e, HI 96766
CALL TO ORDER
APPROVAL OF MINUTES
Open Session Minutes of October 18, 2019
COMMUNICATION
None
REQUEST FOR AN ADVISORY OPINION
RAO 2019-07 Request for an Advisory Opinion from Julie Simonton dated
October 10, 2019 relating to a possible conflict of ethics to her
nomination for appointment to the Board of Water.
BUSINESS
BOE 2018-17 Discussion and possible action by the Board of Ethics to provide
explicit recommendation(s) on how to improve the existing
countywide disclosure requirement and to discuss and propose a
fine schedule for non-compliance. Review and discuss HRS
section 46-1.5(24), County of Honolulu Chapter 6 Ethics Board
Sec. 3-8.5, Chapter 14 Ethics Board of Appeals.
BOE 2019-22 Discussion and possible action by the Board to provide notice to
County employees regarding ethics requirements for former
employees.
BOE 2019-29 Discussion and possible action by the Board of Ethics to draft
language to Amend Charter Section 20.04 A. Disclosure to submit
to Charter Review Commission for review.
Board of Ethics – November 15, 2019 2 | Page
BOE 2019-30 Discussion and possible action by the Board of Ethics to require
annual gift disclosures.
BOE 2019-31 Discussion and possible action by the Board of Ethics to revise the
ethics rule to state that the Board of Ethics should render an
advisory opinion within 45 days of receipt of the request, but
delete the provision that failure to do so within 45 days is deemed
a finding of no breach of the Code of Ethics.
BOE 2019-32 Discussion and possible action by the Board of Ethics to delete
from the ethics rules the requirement that disclosure forms must be
notarized.
BOE 2019-33 Discussion and possible action by the Board of Ethics to provide
ethics training for County employees.
BOE 2019-34 Discussion and possible action by the Board of Ethics to build a
database of ALL previous opinions and consider reviewing old
opinions which may be in violation of any laws, rules, regulations
that may have changed.
BOE 2019-35 Discussion and approval to add a December 2019 meeting.
BOE 2019-36 Review and Possible Approval of Meeting Schedule for 2020.
BOE 2019-37 Election of Chair, Vice Chair and Secretary for Calendar Year
2020.
DISCLOSURES
Volunteer
1. Katherine Lewi Otsuji-Board of Review
EXECUTIVE SESSION
Pursuant to Hawai’i Revised Statutes §92-4, §92-5 (a) (2) and (4), §92-6 (a) (b), the purpose of
this Executive Session is to consult with the Board’s legal counsel on issues pertaining to
Resolution 2019-1 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;, 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 October 18, 2019
Board of Ethics – November 15, 2019 3 | Page
ES-007: BOE 2019-24 Review of Resolution 2019-1 for initiating an investigation under
Rule 6.2 into an allegation that an employee or officer of the
County has breached the Code of Ethics as set forth in the Kaua'i
County Charter section 20.02 A and E, the Kaua'i County Code
1987, as amended by June 2019 Code Supplement, Article 1,
Section 3-1.4 and 3-1.6.
No officer or employee of the county shall:
a. Solicit, accept, or receive, directly or indirectly, any gift,
whether in the form of money, service, loan, travel,
entertainment, hospitality, thing, or promise, or in any other
form, under circumstances in which it can reasonably be
inferred that the gift is intended to influence the officer or
employee in the performance of the officer or employee’s
official duties or is intended as a reward for any official action
on the officer or employee’s part.
b. Use county property for other than public activity or purpose.
RETURN TO OPEN SESSION
Ratify on Board actions taken in Executive Session.
ANNOUNCEMENTS
Next Meeting: Friday, January 17, 2020 – 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). Discussions held in Executive
Session are closed to the public.
cc: Office of the 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;
Board of Ethics – November 15, 2019 4 | Page
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.
Send written testimony to:
Board of Ethics
Office of Boards & Commissions
4444 Rice Street, Suite 150
Līhu‘e, HI 96766
Phone: (808) 241-4917 Fax: (808) 241-5127
SPECIAL ASSISTANCE
IF YOU NEED AN AUXILIARY AID/SERVICE, OTHER ACCOMODATION DUE TO A
DISABILITY, OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS,
PLEASE CONTACT THE OFFICE OF BOARDS & COMMISSIONS AT (808) 241-4917 OR
ASEGRETI@KAUAI.GOV AS SOON AS POSSIBLE. REQUESTS MADE AS EARLY AS
POSSIBLE WILL ALLOW ADEQUATE TIME TO FULFILL YOUR REQUEST.
UPON REQUEST, THIS NOTICE IS AVAILABLE IN ALTERNATE FORMATS SUCH AS
LARGE PRINT, BRAILLE, OR ELECTRONIC COPY.