HomeMy WebLinkAboutBOE_2020_0616_Notice_Agenda-Packet 1An Equal Opportunity Employer
Mia Shiraishi Members:
Chair John Latkiewicz
Dean Toyofuku
Susan Burriss
Vice Chair
Mary Tudela
Secretary
COUNTY OF KAUA'I BOARD OF ETHICS
NOTICE OF TELECONFERENCE AND AGENDA
Tuesday, June 16, 2020
1:00 p.m. or shortly thereafter
Microsoft Teams Audio: +1 469-848-0234, Conference ID: 845 497 17#
This meeting will be held via Microsoft Teams conferencing only. Members of the public are invited to
join this meeting by calling the number above with the conference ID information. You may testify
during the video conference or submit written testimony in advance of the meeting via e-mail, fax, or
mail. To avoid excessive noise/feedback, please mute your microphone except to testify.
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES
Open Session Minutes of May 19, 2020
TESTIMONY
COMMUNICATION None
REQUEST FOR AN ADVISORY OPINION
None
BUSINESS
BOE 2020-18 Update on statement regarding Councilmember Brun.
DISCLOSURES
Employees:
1. Michelle Lizama, Deputy Director of Finance
2. Teresa Tumbaga, Deputy County Attorney
3. Todd Raybuck, Chief of Police
Volunteers:
4. Dee Crowell, Liquor Control Commission
5. Laurie Yoshida, Salary Commission
Board of Ethics – June 16, 2020
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Candidates:
6. Edgar Justus IV, Candidate for County Council
7. Clint Yago, Candidate for County Council
8. Wally Nishimura, Candidate for County Council
9. Billy DeCosta, Candidate for County Council
10. Rory Parker, Candidate for County Council
11. Jade Battad, Candidate for County Council
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-018 Executive Session Minutes of May 19, 2020
ES-022: BOE 2020-19 Pursuant to Hawai‘i Revised Statutes §92-4 and §92-5 (a) and (2) and (4), the
purpose of this Executive Session is for the Board to discuss rescheduling of the
informal hearing regarding Complaint 20-001 and other related matters where
consideration of matters affecting privacy will be involved, and to consult with its
attorney on questions and issues pertaining to the Board’s powers, duties,
privileges, immunities and liabilities as they may relate to this agenda item.
RETURN TO OPEN SESSION
Ratify on Board actions taken in Executive Session.
ANNOUNCEMENTS
Next Meeting: Tuesday, July 21, 2020 – 1:00 p.m., Teleconference
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
Board of Ethics – June 16, 2020
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PUBLIC COMMENTS and TESTIMONY
SPEAKER REGISTRATION
Prior to the Day of the Meeting: Persons wishing to testify are requested to register their name, phone
number, and agenda item via email at asegret@kauai.gov; or by calling 808-241-4917.
On the Day of the Meeting: Persons who have not registered to testify by the time the Commission
meeting begins will be given the opportunity to speak on an item following oral testimonies of
registered speakers.
Each speaker is limited to a three-minute presentation on each item.
WRITTEN TESTIMONY
Prior to the Day of the Meeting: Testimony may be emailed: asegreti@kauai.gov faxed: 808-241-5127,
or mailed: County of Kauai, Office of Boards and Commissions, Board of Ethics, 4444 Rice St., Ste.
300, Lihue, HI 96766.
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 May 19, 2020
Location Teleconference Start of Meeting: 1:06 p.m. End of Meeting: 4:23 p.m.
Present Chair Mia Shiraishi, Vice Chair Susan Burriss, Secretary Mary Tudela. Members: John Latkiewicz, Dean Toyofuku.
Also: Deputy County Attorneys Todd Jenson, Charles Foster. Boards & Commissions Office Staff: Administrator Ellen Ching
and Administrative Specialist Anela Segreti.
Excused
Absent
SUBJECT DISCUSSION ACTION
Call To Order
Chair Shiraishi called the meeting
to order at 1:06 p.m.
Roll call:
Member Latkiewicz: present
Member Toyofuku: present
Secretary Tudela: present
Vice Chair Burriss: present
Chair Shiraishi: present
Five members present, which
constituted a quorum.
Approval of
Minutes
Open Session Minutes of April 17, 2020
Vice Chair asked for clarification as to why Jan TenBruggencate disclosure is appearing
in this months agenda as he was approved previously. Noted that he had a change and
submitted an updated disclosure.
Secretary Tudela noted that location of meeting should be changed to teleconference.
Member Latkiewicz moved to
approve the minutes of April 17,
2020 as amended. Member
Toyofuku seconded.
Roll call vote:
Member Latkiewicz: aye
Member Toyofuku: aye
Secretary Tudela: aye
Vice Chair Burriss: aye
Chair Shiraishi: aye
Motion carried 5:0
Board of Ethics Page 2
Open Session
May 19, 2020
SUBJECT DISCUSSION ACTION
Testimony A member of the public called in and did not identify self or register to provide
testimony.
Caller was removed from
meeting and attempts were made
to reconnect individual. Once
contacted individual was no
longer available to join meeting
as something had come up.
Communication BOE 2020-14 Lobbyist statement from Allan Rietow dated 4/20/2020.
Secretary Tudela moved to
receive BOE 2020-14 for the
record. Member Toyofuku
seconded.
Roll call vote:
Member Latkiewicz: aye
Member Toyofuku: aye
Secretary Tudela: aye
Vice Chair Burriss: aye
Chair Shiraishi: aye
Motion carried 5:0
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.
Chair Shiraishi thanked the Deputy County Attorneys for their work on this item. stated
that she preferred deferring this item until Board could meet in person.
Board of Ethics Page 3
Open Session
May 19, 2020
SUBJECT DISCUSSION ACTION
Vice Chair agreed that item be deferred stating that it shouldn’t be rushed.
Member Toyofuku and Secretary Tudela also agreed.
Todd Jenson, Deputy County Attorney stated that it was fine to defer.
Ellen Ching, Boards and Commissions Administrator, informed the Board that the
Charter Commission met on the proposed amendment regarding including regulatory
employees filing disclosures has been approved to go on the ballot.
Chair Shiraishi asked if a meeting was needed to define a regulatory employee.
Board discussed whether deferring this item will affect the ballot proposal as to defining
regulatory employees, and if this is needed now. It was decided that it would not and
definition would come later once election results are certified.
Vice Chair Burriss moved to defer
BOE 2018-17. Secretary Tudela
seconded.
Vice Chair Burriss amended motion
to defer BOE 2018-17 until the
Board can meet in person.
Secretary Tudela seconded the
amended motion.
Vice Chair Burriss amended motion
to defer BOE 2018-17 until the
Board can meet in person or until
election results are certified,
whichever occurs first. Secretary
Tudela seconded the amended
motion.
Roll call vote:
Member Latkiewicz: aye
Member Toyofuku: aye
Secretary Tudela: aye
Vice Chair Burriss: aye
Chair Shiraishi: aye
Motion carried 5:0
Disclosures Employees:
1. Adam Roversi, Housing Director
Vice Chair Burriss stated that he did not include greater than sign before $100,000.00 for
salary, but he could make exactly $100,000 annually.
Ms. Ching stated that she believes per the Salary Resolution the salary for the Housing
Director is more than $100,000.00
Secretary Tudela moved to approve
the disclosure of Adam Roversi.
Vice Chair Burriss seconded.
Secretary Tudela amended motion
moved to send a letter to Adam
Roversi to clarify his salary. Vice
Chair Burriss seconded the amended
motion.
Board of Ethics Page 4
Open Session
May 19, 2020
SUBJECT DISCUSSION ACTION
Volunteers:
2. Laurie Yoshida, Salary Commission
Board discussed response from Ms. Yoshida regarding the absence of the address of her
property because of threats. They discussed what she is required to disclose and what is
the best way to address the issue and respond.
Charles Foster, Deputy County Attorney, pointed out that they have to go by the code
and to make an accommodation the Board would need to go to Council.
Mr. Jenson pointed out that the point of disclosure is to avoid conflict. He does not see
that with her appointment to Salary Commission the disclosure of her TMK or address
would not be a conflict.
The statute does not allow for any adjustments by the Board. Board discussed whether
they wanted to pursue a change in the Charter to allow for adjustments.
Ms. Ching, offered to speak with Ms. Yoshida directly to explain what is required.
Sue Burriss dropped off of meeting at 1:47pm
Board recessed at 1:51pm
Sue Burriss returned to meeting at 1:52 pm
Board reconvened meeting at 1:56pm
Roll call vote:
Member Latkiewicz: aye
Member Toyofuku: aye
Secretary Tudela: aye
Vice Chair Burriss: aye
Chair Shiraishi: aye
Motion carried 5:0
Vice Chair Burriss moved to have
Counsel write letter on the Boards
behalf regarding the requirement that
the Board cannot approve the
disclosure of Lori Yoshida.
Secretary Tudela seconded.
Roll call vote:
Member Latkiewicz: aye
Member Toyofuku: aye
Secretary Tudela: aye
Vice Chair Burriss: aye
Chair Shiraishi: aye
Motion carried 5:0
Board of Ethics Page 5
Open Session
May 19, 2020
SUBJECT DISCUSSION ACTION
3. Jan TenBruggencate, Charter Review Commission
Secretary Tudela expressed concern on type of consulting is provided by company,
Island Strategy, and possible conflicts.
Board discussed the vagueness of consulting agencies and thoughts that Mr.
TenBruggencate would request an advisory opinion if a possible conflict arose, and they
should get clarification for consistency.
Ms. Ching explained that he will be doing with the County and that it would be good for
the Board to request clarification.
Vice Chair Burriss moved to accept
the disclosure of Mr.
TenBruggencate. Member Toyofuku
seconded.
Vice Chair Burriss withdrew her
motion.
Vice Chair Burriss moved to have
Counsel write letter on the Boards
behalf to Jan TenBruggencate
regarding the clarification on the
scope of work. Member Toyofuku
seconded.
Roll call vote:
Member Latkiewicz: aye
Member Toyofuku: aye
Secretary Tudela: aye
Vice Chair Burriss: aye
Chair Shiraishi: aye
Motion carried 5:0
Board of Ethics Page 6
Open Session
May 19, 2020
SUBJECT DISCUSSION ACTION
4. Jonathan Lucas, Open Space Commission
5. Francis DeGracia, Planning Commission
Vice Chair Burriss and Secretary Tudela asked whether a representative of the
Carpenter’s Union would have a conflict on the Planning Commission.
Board discussed potential conflict. Ms. Ching explained that Planning is required to
have a labor representative and clarification of a direct benefit to the Commissioner. Mr.
DeGracia is an employee of the union.
Mr. Foster stated that being in an industry would not necessarily be a conflict. He
looked for language to define conflict. He read Section 3-1.7 of the Code of Ethics, and
after reviewing this, he gave the opinion that this situation does not raise a conflict of
interest, and if situation arose they would be required to recuse self.
Vice Chair Burriss moved to approve
the disclosure of Jonathan Lucas.
Secretary Tudela seconded.
Roll call vote:
Member Latkiewicz: aye
Member Toyofuku: aye
Secretary Tudela: aye
Vice Chair Burriss: aye
Chair Shiraishi: aye
Motion carried 5:0
Vice Chair Burriss moved to approve
the disclosure of Francis DeGracia.
Secretary Tudela seconded.
Roll call vote:
Member Latkiewicz: aye
Member Toyofuku: aye
Secretary Tudela: aye
Vice Chair Burriss: aye
Chair Shiraishi: aye
Motion carried 5:0
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;
Board of Ethics Page 7
Open Session
May 19, 2020
SUBJECT DISCUSSION ACTION
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-018 Executive Session Minutes of April 17, 2020
ES-015: BOE 2020-09 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
examples of code amendments providing for fines for failure to file disclosure
statements. This briefing and consultation involves providing legal advice and discussion
on the amendments and documents as they relate to this agenda item.
ES-017: BOE 2020-10 Communication received April 16, 2020 related to agenda item.
ES-019: BOE 2020-15 Discussion and possible action 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 E
and F, 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:
e. 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.
f. Use county property for other than public activity or purpose.
ES-020: BOE 2020-16 Pursuant to Hawai‘i Revised Statutes (HRS) Sections 92-4 and
Board of Ethics Page 8
Open Session
May 19, 2020
SUBJECT DISCUSSION ACTION
92-5(a)(4) the Board requests an Executive Session with Special Counsel to discuss
complaint process.
The Chair entertained a motion to move into Executive Session.
The Board moved into Executive Session at 2:32pm.
Member Toyofuku moved to go into
executive session. Vice Chair
Burriss seconded.
Voice vote 5 ayes, 0 nays.
Motion carried 5:0
Return to Open
Session
Ratify Board actions taken in Executive Session.
The board resumed in Open Session
at 4:20pm
Roll call:
Member Latkiewicz: present,
Member Toyofuku: present
Secretary Tudela: present
Vice Chair Burriss: present
Chair Shiraishi: present
Secretary Tudela moved to ratify
decisions made in Executive
Session. Vice Chair Burriss
seconded.
Voice vote 5 ayes, 0 nays.
Motion carried 5:0
Announcements Next Meeting: Tuesday, June 16, 2020 – 1:00p.m., Teleconference
Secretary Tudela has a conflict with date and time, and questioned confidence of
teleconference. Confirmed meeting will be by teleconference.
Board of Ethics Page 9
Open Session
May 19, 2020
SUBJECT DISCUSSION ACTION
Adjournment Without objections Chair Shiraishi
adjourned the meeting at 4:23pm
Submitted by: Reviewed and Approved by:
Anela Segreti, Administrative Specialist Mia Shiraishi, Chair
( ) Approved as circulated.
( ) Approved with amendments. See minutes of .
OFFICE OF BOARDS & COMMISSIONS
OFFICE OF THE MAYOR
THE COUNTY OT KAUA'I
fI I FN CHING
,\l)\11\.'l5l R/\ I ()R
DTREK S. K. KAIVA(AII'I, MAYOR
IVIICHAEL A. DAHILIG, I!'IANACINC DIRECTOR
MEMORANDUM
Date: April 30,2020
To: Whom lt May Concern
From: Mia Shiraishi, Chair and Members of the Board of Ethics
Re: BOARD OF ETHICS STATEMENT ON COUNCILMEMBER ARTHUR BRUN
The Office of Boards and Commissions has received inquiries following the arrests of
Councilman Arthur Brun involving criminal charges for alleged violations of both Federal
and State laws. Some have asked why the Board of Ethics ofthe County of Kauai has
not taken any action to investigate Councilman Brun and attempt to remove him from
public office.
After consulting with the Office of the County Attorney it is our understanding the Board
of Ethics'duties are limited to initiating, receiving, hearing or investigating complaints of
violations of the Code of Ethics as defined in the County Charter and the County Code
of Ordinances.
While the Board is vested with the power to file impeachment proceedings, it may only
do so for violations of the Code of Ethics.
As such, the Board of Ethics does not have the jurisdiction or the legal authority to
initiate any investigations or proceedings against Councilmember Brun.
For more detailed information you may refer to lhe document tifled "A guide to Ethical
lssues in the Kauai County Government" which can be found at Kauai.gov/Board of
Ethics webpage.
wu,rv.kauai.gov
4444 Ric€ Street Suite 150 . Lihu,e, HaM/ai,i 96266. gr]fl241-4922 (b) . (8o8) 241-5127 (f)
An Equal Opportunity Employer
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