HomeMy WebLinkAboutBOE_2020_0221_Notice_Agenda-PacketAn Equal Opportunity Employer
Mia Shiraishi Members:
Chair Ryan de la Pena
Maureen Tabura
Susan Burriss Dean Toyofuku
Vice Chair John Latkiewicz
Mary Tudela
Secretary
COUNTY OF KAUA'I BOARD OF ETHICS
NOTICE OF MEETING AND AGENDA
Friday, February 21, 2020
1:00 p.m. or shortly thereafter
Mo‘ikeha Building, Liquor Conference Room 3
4444 Rice Street, Līhu'e, HI 96766
OATH OF OFFICE FOR BOARD OF ETHICS MEMBER JOHN LATKIEWICZ TERM ENDING
ON DECEMBER 31, 2022
CALL TO ORDER
APPROVAL OF MINUTES
Open Session Minutes of January 17, 2020
COMMUNICATION
BOE 2020-03 Letter from County Clerk, Jade Fountain-Tanigawa, dated January
31, 2020 regarding the 2019 County of Kaua’i Lobbyist
Registration.
BOE 2020-04 Letter from County Attorney, Matthew Bracken, dated February 6,
2020 regarding request for a response to Ken Taylor's
Communication dated January 17, 2020.
REQUEST FOR AN ADVISORY OPINION
None
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.
Board of Ethics – February 21, 2020 2 | Page
BOE 2019-22 Discussion and possible action by the Board to provide notice to
County employees regarding ethics requirements for former
employees.
BOE 2019-33 Discussion and possible action by the Board of Ethics to provide
ethics training for County employees.
BOE 2019-29 Update on presentation to the Charter Review Commission
meeting on the proposed language to Amend Charter Section 20.04
A. Disclosure.
BOE 2019-31 Update on presentation to the Charter Review Commission
meeting on the proposed language to amend Charter 20.05.D.2.
BOE 2020-02 Permitted Interaction Group recommendations on an ordinance to
require annual gift disclosures.
DISCLOSURES
Employees:
1. Teresa Tumbaga, Deputy County Attorney
2. Ernest Barreira, Assistant Chief Procurement Officer
3. Michelle Lizama, Deputy Director of Finance
4. Jenna Tatsey, Deputy County Attorney
5. Arthur Brun, Councilmember
6. Felicia Cowden, Councilmember
7. Todd Raybuck, Police Chief
8. Todd Jenson, Deputy County Attorney
Volunteers:
9. Elizabeth Hahn, Civil Service Commission
10. Jan TenBruggencate, Charter Review Commission
11. Lori Otsuka, Planning Commission
12. Patrick Ono, Salary Commission
13. Randall Nishimura, Liquor Control Commission
14. John Latkiewicz, Board of Ethics
15. Carolyn Larson, Kaua’i, Historic Preservation Commission
16. Melvin Chiba, Planning Commission
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
Board of Ethics – February 21, 2020 3 | Page
County’s powers, duties, privileges, immunities, and /or liabilities as they may relate to this item,
deliberate and take such action as appropriate.
ES-011 Executive Session Minutes of January 17, 2020
ES-012: BOE 2020-05 Pursuant to Hawai‘i Revised Statutes (HRS) Sections 92-4 and 92-
5(a)(4), and Kaua‘i County Charter Section 20.05(B), the Office of
the County Attorney, requests an Executive Session with the
Board, to provide the Board with a briefing on the process for
administrative rulemaking. This briefing and consultation involves
providing legal advice and discussion on the rulemaking process
and documents as they relate to this agenda item
ES-013: BOE 2020-06 Update on Resolution 2019-1 for 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, March 20, 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
Board of Ethics – February 21, 2020 4 | Page
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;
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.
COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Board/Commission: BOARD OF ETHICS Meeting Date January 17, 2020
Location Mo‘ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. End of Meeting: 2:59 p.m.
Present Chair Mia Shiraishi, Vice Chair Susan Burriss, Secretary Mary Tudela. Members: Ryan de la Pena, Maureen Tabura, Dean Toyofuku.
Also: Deputy County Attorney Todd Jenson. Boards & Commissions Office Staff: Administrator Ellen Ching and Administrative
Specialist Anela Segreti.
Testifier: Ken Taylor
Excused
Absent
SUBJECT DISCUSSION ACTION
Call To Order Chair Shiraishi called the meeting
to order at 1:00 p.m. with six
members present which constituted
a quorum.
Approval of
Minutes
Open Session Minutes of December 20, 2019
Ms. Tudela had a correction to page 3, second sentence, They amendment should be The
amendment.
Mr. de la Pena moved to approve
the minutes as of December 20,
2019 as amended. Ms. Tabura
seconded. Motion carried 6:0.
Communication BOE 2020-01 Email from Ken Taylor dated 12/15/19 regarding Bill 2745 and a
potential conflict of interest for Mayor Kawakami.
Ken Taylor stated he sent the email documenting a complaint not a communication. He
was surprised to see it as a communication and reminded the board that when the Mayor
was on the Council he excused self from voting on these issues, which indicated to him
that the Mayor had a potential conflict of interest and should be addressed at this level.
He was not sure whether the bill had been signed but feels that if it has or has been
allowed to become law without his signature that it is wrong and should be revoked and
dealt with properly. Feels the Board has an obligation to review the situation and make
Ms. Tudela moved to receive BOE
2020-01. Mr. de la Pena seconded.
Motion carried 6:0
Board of Ethics Page 2
Open Session
January 17, 2020
SUBJECT DISCUSSION ACTION
a determination. He believes that there will be other similar situations. He restated that
he strongly believed that the Board has an obligation to address the issue raised in his
email and not just accept it as a communication.
Chair Shiraishi requested that the Board go into executive session to consult with their
attorney.
Pursuant to Hawai'i Revised Statutes, (“H.R.S.”) §92-7 (a), the Board deemed
necessary, to hold an Executive Session on a communication dated 12/15/19 from Ken
Taylor without the written public notice if the Executive Session was not anticipated in
advance. Any such Executive Session shall be held pursuant to H.R.S. §92-4 and shall
be limited to those items described in H.R.S. §92-5(a). Discussions held in Executive
Session are closed to the public.
Board moved into executive session at 1:05pm.
Board resumed in open session at 1:26pm.
Todd Jenson, Deputy County Attorney, addressed Mr. Taylor thanking him for taking
time to come in. He explained that Mr. Taylor’s email was received in December and
that the agenda had already been posted and therefore it was too late to put the email on
that agenda and was therefore placed on this agenda.
Mr. Taylor stated that he understood.
Mr. Jenson recognized the value of his concerns and the importance of being a
community watch dog. He further stated that the concern in the email is now in front of
the Board of Ethics and explained that they look at complaints, and allegation that a
County official or employee has done something wrong, a violation of the code of ethics
Board of Ethics Page 3
Open Session
January 17, 2020
SUBJECT DISCUSSION ACTION
or something illegal and that they can come in the form of an official complaint, signed
and notarized; they may be asked to provide an advisory opinion. When Mr. Taylor’s
email was received, it was determined that it was a communication, an expression of his
concern about something happening in the County government, and placed on the agenda
as such. He explained that the Bill that Mr. Taylor referenced was already far through
the process of being adopted as an ordinance and was adopted. He gave a copy of the
ordinance (on file) to Mr. Taylor. Mr. Jenson further explained that given the timing of
his email and where the ordinance was at the County Council as to why he may feel like
it wasn’t addressed timely in December.
Mr. Taylor acknowledged that he understood the timing of the email being on the
agenda. He didn’t anticipate that it would be on the agenda until this month. In his email
he asked for an opinion and seeing it as a communication surprised him, because he
knows that decisions are not made on communications. He expressed that he felt that it
was imperative that it be brought back and investigated, because if the Mayor does own
property in the area it is a potential self-serving financial situation to up zone that land,
and needs to be dealt with in a proper ethical process.
Ms. Tudela asked Mr. Taylor if he had spoken with anyone else in the County about his
concern.
Mr. Taylor responded that he had not spoken to anyone else.
Ms. Burris explained that when the Board gets a request for an advisory opinion it
typically comes from the person with the potential conflict and with some background
that enables the Board to make a ruling on the request. That is why it was not addressed
as he may have seen in the past. She also explained that the Bill had been passed before
the December Board meeting.
Board of Ethics Page 4
Open Session
January 17, 2020
SUBJECT DISCUSSION ACTION
Mr. Taylor asked if it was adopted by the Council and Mr. Jenson confirmed that it had.
Chair Shiraishi clarified that Request for Advisory Opinions can only come from an
employee or an officer of the County. The reason that the email was not classified as a
complaint was because it did not follow the formal requirements for a complaint, it was
not notarized. She explained that he is free to file a complaint following the
requirements that it be signed and notarized. She also stated that his communication
could be forwarded to the Mayor if the Board decides to do that.
Ms. Burris asked Mr. Jenson that given that it is now an ordinance does the Board have
any teeth in the matter.
Mr. Jenson replied, yes, ordinances get stricken down.
Several amendments were made to the motion before the vote, the final motion was
agreed upon by Ms. Tudela and Ms. Burris.
Mr. Toyofuku requested to go into executive session to consult with Counsel.
Ms. Tudela moved to forward to
the Mayor’s office the email
from Mr. Ken Taylor dated
12/15/19 regarding Bill 2745 and
a potential conflict of interest and
request a response to the Board
of Ethics. Ms. Burris seconded.
Mr. Toyofuku moved to go into
executive session. Ms. Tudela
seconded. Motion carried 6:0
Board of Ethics Page 5
Open Session
January 17, 2020
SUBJECT DISCUSSION ACTION
Pursuant to Hawai'i Revised Statutes, (“H.R.S.”) §92-7 (a), the Commission deemed
necessary, to hold an Executive Session on a communication dated 12/15/19 from Ken
Taylor without the written public notice if the Executive Session was not anticipated in
advance. Any such Executive Session shall be held pursuant to H.R.S. §92-4 and shall be
limited to those items described in H.R.S. §92-5(a). Discussions held in Executive
Session are closed to the public.
Board moved into Executive Session at 1:44pm.
Board returned to Open Session at 1:55pm.
The Board voted on the motion made before the Executive Session.
Mr. Taylor made a final comment that he is looking forward to the results.
The Board thanked him for coming in.
Ms. Tudela moved to forward to
the Mayor’s office the email
from Mr. Ken Taylor dated
12/15/19 regarding Bill 2745 and
a potential conflict of interest and
request a response to the Board
of Ethics. Ms. Burris seconded.
Motion carried 6:0
Board of Ethics Page 6
Open Session
January 17, 2020
SUBJECT DISCUSSION ACTION
Request for an
Advisory Opinion
None
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.
Ellen Ching, Administrator reported that more information will be provided to them at
the next meeting and requested this item be deferred.
Ms. Tudela moved to defer BOE
2018-17. Mr. de la Pena
seconded. Motion carried 6:0
BOE 2019-22 Discussion and possible action by the Board to provide notice to County
employees regarding ethics requirements for former employees.
Ms. Ching reported that the best way to do this would be to talk with HR and develop
a form as part of employee departures and will work with HR on this. She requested
a deferral of this item.
Ms. Tudela moved to defer BOE
2019-22. Ms. Tabura seconded.
Motion carried 6:0
BOE 2019-33 Discussion and possible action by the Board of Ethics to provide ethics
training for County employees.
Ms. Ching reported that she is looking to have this scheduled for about April. She
further explained that the past training was okay, but she would like to step it up. She
will go through the basic information and then look at creating an improved training.
Board of Ethics Page 7
Open Session
January 17, 2020
SUBJECT DISCUSSION ACTION
Board discussed trainings that they attended. She suggested that short videos on
possible situations would be a good way to conduct trainings. She requested to defer
this item.
Ms. Tabura moved to defer BOE
2019-33 to the second quarter of
2020. Ms. Tudela seconded.
Motion carried 6:0
BOE 2019-31 Discussion, review and possible action by the Board of Ethics on draft of
proposed language to amend Charter 20.05.D.2 and delete “an opinion within 45 days is
deemed a finding of no breach of the Code of Ethics.”
Chair Shiraishi reminded Board that this item was deferred for more research which is in
their packets. The Board reviewed the documents and discussed how other Counties’
Charters address advisory opinions.
Board looked at proposed language as previously discussed and worked on language to
propose to amend the Charter.
Ms. Tudela questioned the language in the motion, feeling it was redundant.
Ms. Ching pointed out that “person” was added to list of county employee or an officer.
They discussed the language in the motion and worked on revising the language.
Mr. Jenson suggested that the language about “or deemed rendered” is not needed,
because that section is being eliminated.
Mr. Toyofuku moved to amend the
proposal to amend the Charter to
read, All requests for advisory
opinions shall be rendered pursuant
to a written request of any elected
or appointed officer or employee
concern and may be rendered
pursuant to the request of any
person.
Board of Ethics Page 8
Open Session
January 17, 2020
SUBJECT DISCUSSION ACTION
Board discussed and came up with this language: To render All requests for advisory
opinions shall be rendered pursuant to a written request of any elected or appointed
officer or employee. Opinions rendered shall be binding on the board in any subsequent
charges concerning the officer or employee of the county until said opinion is amended
or revoked by the board.
Ms. Burriss asked for the definition of charges.
Mr. Jenson doesn’t believe that there is a definition of charges in the Charter and would
default to the dictionary and common use of the definition.
Ms. Burriss stated charges as opposed to the word matters.
Board discussed charges versus matters versus complaints.
Ms. Ching discussed with Board about changing the word “charges” and suggested
staying with the main issue for the change in the Charter.
Ms. Tabura left the meeting at 2:29pm before vote and returned at 2:30pm after vote.
Mr. Toyofuku moved to amend his
motion to amend the Charter to read,
“To render advisory opinion or
interpretations with respect to
application of the code on request.
All requests for advisory opinions
shall be rendered pursuant to a
written request of any elected or
appointed officer or employee.
Opinions rendered shall be binding
on the board in any subsequent
charges concerning the officer or
employee of the county until said
opinion is amended or revoked by
the board.” Mr. de la Pena seconded.
Motion carried 5:0, 1 absent.
Ms. Tudela moved to submit the
proposed Charter amendment of
20.05.D2 to the Charter Review
Commission. Mr. de la Pena
seconded. Motion carried 6:0
Board of Ethics Page 9
Open Session
January 17, 2020
SUBJECT DISCUSSION ACTION
BOE 2020-02 Permitted Interaction Group recommendations on an ordinance to
require annual gift disclosures.
Mr. Toyofuku gave an initial update on the first meeting of the Permitted Interaction
Group (PIG) meeting. Group met and reviewed the language from the other counties
and have narrowed it down to a direction of what they are looking at.
Mr. Toyofuku moved to defer BOE
2020-02. Ms. Tudela seconded.
Motion carried 6:0
Disclosures Employees:
1. Charles Foster, Deputy County Attorney
2. Gerald Rapozo, Liquor Control Director
3. Todd Raybuck, Police Chief
4. Nicholas Courson, First Deputy County Attorney
5. Robert Westerman, TA Fire Chief
Volunteers:
1. Mia Shiraishi, Board of Ethics
2. Maureen Tabura, Board of Ethics
3. Victoria Wichman, Kaua’i Historic Preservation Commission
4. Craig DeCosta, Board of Review
5. Stella Fujita, Board of Review
6. Karen Ono, Open Space Preservation Commission
7. Julie Simonton, Board of Water Supply
8. Sean Mahoney, Planning Commission
Ms. Burriss moved to accept
disclosures of Employees 1-5. Mr.
Toyofuku seconded. Motion carried
6:0.
Ms. Burriss moved to accept
disclosure of Volunteer 1. Ms.
Tabura seconded. Chair Shiraishi
recused herself. Motion carried 5:0
Ms. Burriss moved to accept
disclosure of Volunteer 2. Ms.
Tudela seconded. Ms. Tabura
recused herself. Motion carried 5:0
Ms. Burriss moved to accept
disclosures of Volunteers 3-8. Ms.
Tabura seconded. Motion carried
6:0
Board of Ethics Page 10
Open Session
January 17, 2020
SUBJECT DISCUSSION ACTION
Executive
Session
Chair Shiraishi entertained a motion.
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.
The Board moved into Executive Session at 2:55pm.
Mr. Toyofuku moved to go into
executive session. Ms. Tudela
seconded. Motion carried 6:0.
Return to Open
Session
Ratify Board actions taken in Executive Session. The board resumed in Open Session
at 2:59pm
Ms. Tudela moved to ratify
decisions made in Executive
Session. Ms. Tabura seconded.
Motion carried 6:0
Announcements Next Meeting: Friday, February 21, 2020 – 1:00 p.m., Mo‘ikeha Building, Liquor
Conference Room 3.
Adjournment Mr. Toyofuku moved to adjourn the
meeting, Mr. de la Pena seconded.
Chair Shiraishi adjourned the
meeting at 2:59pm
Submitted by: Reviewed and Approved by:
Anela Segreti, Administrative Specialist Mia Shiraishi, Chair
( ) Approved as circulated.
( ) Approved with amendments. See minutes of meeting.
AN EQUAL OPPORTUNITY EMPLOYER
COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro, Chair
Ross Kagawa, Vice Chair Jade K. Fountain-Tanigawa, County Clerk
Arthur Brun Scott K. Sato, Deputy County Clerk
Mason K. Chock
Felicia Cowden
Luke A. Evslin Telephone: (808) 241-4188
KipuKai Kuali‘i Facsimile: (808) 241-6349
E-mail: cokcouncil@kauai.gov
Council Services Division
4396 Rice Street, Suite 209
Līhu‘e, Kaua‘i, Hawai‘i 96766
January 31, 2020
Mia Shiraishi, Chair
and Members of the Board of Ethics
c/o Office of Boards & Commissions
4444 Rice Street, Suite 150
Līhu‘e, Hawai‘i 96766
Dear Chair Shiraishi and Members of the Board of Ethics:
RE: 2019 COUNTY OF KAUA‘I LOBBYIST REGISTRATION
Ordinance No. 999, Relating to the Registration of Lobbyists was adopted by
the Council of the County of Kaua‘i on second and final reading on March 23, 2016
and approved by the Mayor on March 30, 2016. Pursuant to Ordinance No. 999, all
lobbyists must file a Lobbyist Registration Statement with the Office of the County
Clerk, as early as possible, but no later than five (5) days after engaging in lobbying.
Lobbyists must also file a Lobbyist Contributions & Expenditures Statement on or
before January 31st of each year, which shall cover the period from January 1 st
through December 31st of the previous year.
This letter is to notify you that as of December 31, 2019, the following lobbyists
have submitted their Lobbyist Registration Statement and remain active:
1.ARAKAWA, David (Land Use Research Foundation of Hawai‘i)
2.BELLES, Michael J. (Hawai‘i Electrician’s Market Enhancement Program)
3.BELLES, Michael J. (Island School)
4.BELLES, Michael J. (PRW Princeville Development Company LLC)
5.BELLES, Michael J. (CIRI Land Development Company)
6.BRODY, Bev (Get Fit Kaua‘i / Hawai‘i Public Health Institute)
7.BUKOSKI, Kika G. (Plumber and Fitters UA Local 675)
8.CLAY, Murray Richard (Ulupono Initiative)
9.COOKE, Jesse K. (Ulupono Initiative)
10. DELAUNAY, Christopher M. (Pacific Resource Partnership)
11. FREDERICK, Anne C. (Hawai‘i Alliance for Progressive Action (H.A.P.A.))
12. GAUG, Kevan Greg (Ulupono Initiative)
13. GOLD, Joy (KYD, Inc.)
BOE 2020-03
Mia Shiraishi, Chair
and Members of the Board of Ethics
Re: 2019 County of Kaua‘i Lobbyist Registration
January 31, 2020
Page 2
14. GRAHAM JR., Max W.J. (Lorence H. Leight and Brit Momaday -Leight,
Trustees)
15. GRAHAM JR., Max W.J. (PRW Princeville Development Company LLC)
16. HENNESSEY, Amy Melinda (Ulupono Initiative)
17. HOLLAND, Fern Anuenue (Hawai‘i Alliance for Progressive Action
(H.A.P.A.))
18. JUNG, Ian Kawika (Hawai‘i Electrician’s Market Enhancement Program)
19. JUNG, Ian Kawika (PRW Princeville Development Company LLC)
20. KINNEY, Nathaniel Keoki (Hawai‘i Construction Alliance)
21. KOBAYASHI, Ryan (Hawai‘i Laborers’ Union)
22. MIDDLEBROOK, Matthew (Airbnb, Inc.)
23. PERRIELLO, Mark L. (Kaua‘i Chamber of Commerce)
24. PRATT, David W. (Island School)
25. RIETOW, Allan S. (The Nature Conservancy)
26. ROONEY, Kathleen King (Ulupono Initiative)
27. SAIKI, Valerie Kei (Hawai‘i Public Health Institute)
28. SHIGEMOTO, Tom H. (Alexander and Baldwin, Inc.)
29. SOQUENO, Eugene Paul (Hawai‘i Building & Construction Trades
Council)
30. THONGSAVAT, Adam (Airbnb, Inc.)
31. TOKIOKA, Beth (Kaua‘i Island Utility Cooperative)
32. YAMANE, Michael (Kaua‘i Island Utility Cooperative)
As of the date of this letter, the following lobbyist has not submitted their 2018
Lobbyist Contributions & Expenditures Statement:
1.ARAKAWA, David (Land Use Research Foundation of Hawai‘i)
As of the date of this letter, the following lobbyists have not submitted their
2019 Lobbyist Contributions & Expenditures Statement:
1.ARAKAWA, David (Land Use Research Foundation of Hawai‘i)
2.RIETOW, Allan S. (The Nature Conservancy)
All Statements are considered public record and are posted on the Council’s
website at www.kauai.gov/Council/LobbyistRegistration.
Mia Shiraishi, Chair
and Members of the Board of Ethics
Re: 2019 County of Kaua‘i Lobbyist Registration
January 31, 2020
Page 3
Should you have any questions, please feel free to contact the Office of the
County Clerk, Council Services Division at 241-4188.
Sincerely,
JADE K. FOUNTAIN-TANIGAWA
County Clerk, County of Kaua‘i
cc: Ellen Ching, Boards & Commissions Administrator
www.kauai.gov
4444 Rice Street Suite 220 • Līhu‘e, Hawai‘i 96766 • (808) 241-4930 (b) • (808) 241-6319 (f)
An Equal Opportunity Employer
OFFICE OF THE COUNTY ATTORNEY
T H E C O U N T Y O F K A U A ‘ I
DEREK S. K. KAWAKAMI, MAYOR
MICHAEL A. DAHILIG, MANAGING DIRECTOR
MATTHEW M. BRACKEN
COUNTY ATTORNEY
NICHOLAS R. COURSON
FIRST DEPUTY
February 6, 2020
Mia Shiraishi
Chair, County of Kaua‘i Board of Ethics
c/o Office of Boards & Commission
4444 Rice Street, Suite 150
Līhu‘e, Hawai‘i 96766
RE: REQUEST FOR A RESPONSE TO KEN TAYLOR’S COMMUNICATION DATED
JANUARY 17, 2020
Dear Ms. Shiraishi,
On December 23, 2019, Mayor Derek S.K. Kawakami signed Bill Number 2745 (Bill) into law.1 The
Bill amended Kaua‘i County Code Section 10-5A.7(a)(20) by removing a prohibition on additional
rental units (ARUs) within the Rice Street Neighborhood Design District.
Our elected officials work hard to pass general laws that apply uniformly across the County. A law is
considered a general law, so long as it “applies uniformly to a particular class.”2 The class needs to
be reasonable, genuine, and not illusory.3 The Bill equally affects all properties within the Rice Street
Neighborhood Design District, which is the heart of the Līhu‘e Town Core. The change is also
supported by the Kaua‘i County General Plan, which encourages new growth around the existing
town cores. Additionally, the Special Planning Areas were introduced to focus growth within
existing town cores to protect Kaua‘i’s rural character. The Bills’ removal of the prohibition on
ARUs, brings the Rice Street Neighborhood Design District into conformity with every other
residential district on the island.4 The legislative process for this bill and the reasoning for the
amendment was discussed in multiple forums open to the public.
Bill 2745 was introduced by Councilmembers Luke Evslin and Mason Chock. As it was a zoning
bill, it was referred and reviewed by the Kaua‘i County Planning Commission. Each meeting was
publicly noticed providing members of the community with an opportunity to testify and comment
on the proposed change. After the Planning Commissions’ review, the Bill proceeded through
Council with a first reading, further review at a committee meeting, a scheduled public hearing, and
the final reading. The legislative process for this general law was in strict conformity with the
Charter.5
1 The signing ceremony is also available on facebook: https://www.facebook.com/watch/?v=702122127273463
2 Sierra Club v. Dep't of Transportation of State of Hawai'i, 120 Haw. 181, 214, 202 P.3d 1226, 1259 (2009), as
amended (May 13, 2009).
3 Id.
4 See. K.C.C. § 8-30.1.
5 See Kaua‘i County Charter Section 4.02. BOE 2020-04
Mia Shiraishi, Chair
County of Kaua‘i Board of Ethics
February 6, 2020
Page 2
Furthermore, courts “are generally reluctant to interfere with legislative zoning decisions based
on conflict of interest grounds.”6 The rationale “for this reluctance is that legislative action is highly
visible and widely felt.”7 A Pennsylvania court found that when a zoning board official was “as
acting in a legislative capacity, the fact that the official owned affected property did not necessarily
disqualify the official.”8 The passage of Bill 2745 was widely visible to the citizens of the County of
Kaua‘i. After receiving primarily over-whelming community support, property owners within the
Rice Street Neighborhood Design District can now construct ARUs in conformity with every other
property owner within a residential district.
Even though this Bill is a general law and it is highly unlikely that a court would invalidate this
legislation, it is paramount to note that no actual conflict of interest exists. A conflict of interest is
defined as “any official action directly affecting [a] business or other undertaking in which he or she
has a substantial financial interest…”9 A financial interest is defined as “an interest held by an
individual, his or her spouse or his or her minor children.”10 Neither the Mayor, his spouse, nor his
children hold a direct financial interest in a property impacted by Bill 2745. Mayor Kawakami, while
serving as a councilmember recused himself from Bill 2678, a bill that increased density within the
Rice Street Neighborhood Design District, because a relative’s interest in a property within the
district. The relation does not create a conflict of interest as defined by the Kaua‘i County Code.
Kaua‘i is a small island and many members of our community have far reaching familial ties. Our
elected officials often pass laws that affect friends and family. Depending on the generality of the
law and code of ethics implications, our elected officials often seek guidance from the Board of
Ethics. The Mayor is grateful to every member of the Board of Ethics for the willingness to
volunteer and sacrifice their time for the benefit of our community.
Please contact me if you have any questions or concerns.
Sincerely,
Matthew M. Bracken
County Attorney
6 § 25:234.Conflicts of interest and undue influence, 8A McQuillin Mun. Corp. § 25:234 (3d ed.)
7 Id.
8 Id.
9 K.C.C. § 3-1.7.
10 K.C.C. § 3-1.3.
BOE 2020-04