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HomeMy WebLinkAboutBOE_2020_0721_Notice_Agenda PacketAn 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, July 21, 2020 1:00 p.m. or shortly thereafter Microsoft Teams Audio: +1 469-848-0234, Conference ID: 546 242 962# 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 June 9, 2020 Open Session Minutes of June 16, 2020 TESTIMONY COMMUNICATION None REQUEST FOR AN ADVISORY OPINION None BUSINESS BOE 2020-20 Discussion and possible action on the County Departments return to a 5 days a week, 8 hours per day schedule as it relates to changes in the Board of Ethics meeting schedule. BOE 2020-21 Approval of change in meeting schedule to the second Monday of the month starting August 10, 2020 at 1:00pm by teleconference until meetings can be held in person. DISCLOSURES Employees: 1. Adam Roversi, Housing Director Board of Ethics – July 21, 2020 2 | Page Candidates: 2. Jade Battad, Candidate for County Council 3. Bernard Carvalho, Jr., 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-024 Executive Session Minutes of June 9, 2020 Executive Session Minutes of June 16, 2020 ES-025: BOE 2020-22 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 the informal hearing held on July 14, 2020 and make decisions regarding Complaint 20-001 under Rule 6.2 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. Use the officer or employee’s official position to secure a special benefit, privilege, or exemption for the officer or employee or others. f. Use county property for other than public activity or purpose. 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: Monday, August 10, 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 Board of Ethics – July 21, 2020 3 | Page 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 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 asegreti@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 Special Meeting OPEN SESSION . Board/Commission: BOARD OF ETHICS Meeting Date June 9, 2020 Location Teleconference Start of Meeting: 1:30 p.m. End of Meeting: 2:01 p.m. Present Chair Mia Shiraishi, Vice Chair Susan Burriss, Secretary Mary Tudela. Members: John Latkiewicz, Dean Toyofuku. Also: Special Counsel Nadine Ando, 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 1:30 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. Board of Ethics Open Session June 9, 2020 Page 2 SUBJECT DISCUSSION ACTION Executive Session ES-020: BOE 2020-16 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 conduct an informal hearing regarding Complaint 20-001 under Rule 6.2 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. Use the officer or employee’s official position to secure a special benefit, privilege, or exemption for the officer or employee or others. f. Use county property for other than public activity or purpose. 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. Chair Shiraishi entertained a motion to move into Executive Session. The Board moved into Executive Session at 1:43 pm. Vice Chair Burriss moved to go into executive session. Member Toyofuku seconded. Voice vote 5 ayes, 0 nays. Motion carried 5:0 Board of Ethics Open Session June 9, 2020 Page 3 SUBJECT DISCUSSION ACTION Return to Open Session Ratify Board actions taken in Executive Session. The board resumed in Open Session at 1:59 pm Secretary Tudela moved to ratify decisions made in Executive Session. Member Latkiewicz seconded. Voice vote 5 ayes, 0 nays. Motion carried 5:0 Announcements Next Meeting: Tuesday, June 16, 2020 – 1:00p.m., Teleconference Adjournment Chair Shiraishi entertained a motion to adjourn. Member Toyofuku moved to adjourn. Member Latkiewicz seconded. Voice vote 5 ayes, 0 nays. Motion carried 5:0 Meeting adjourned at 2:01 p.m. Board of Ethics Open Session June 9, 2020 Page 4 Submitted by: Reviewed and Approved by: Anela Segreti, Administrative Specialist Mia Shiraishi, Chair ( ) Approved as circulated. ( ) Approved with amendments. See minutes of . COUNTY OF KAUAI Minutes of Meeting OPEN SESSION . Board/Commission: BOARD OF ETHICS Meeting Date June 16, 2020 Location Teleconference Start of Meeting: 1:05 p.m. End of Meeting: 2:41 p.m. Present Chair Mia Shiraishi, Vice Chair Susan Burriss (joined at 1:09 p.m.), Secretary Mary Tudela. Members: John Latkiewicz, Dean Toyofuku. Also: Deputy County Attorney Charles Foster. Boards & Commissions Office Staff: Administrator Ellen Ching and Administrative Specialist Anela Segreti. Excused Deputy County Attorney Todd Jenson 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 Chair Shiraishi: present Four members present, which constituted a quorum. Vice Chair Burriss: joined at 1:09 p.m. Board of Ethics Open Session June 16, 2020 Page 2 SUBJECT DISCUSSION ACTION Approval of Minutes Open Session Minutes of May 19, 2020 No revisions. Member Toyofuku moved to approve Open Session Minutes of May 19, 2020. Member Latkiewicz seconded. Voice vote: 4 ayes, 0 nays Motion carried 4:0 Testimony None No action Communication None No action Request for an Advisory Opinion None No action Business BOE 2018-18 Update on statement regarding Council member Brun. Ellen Ching, Administrator, updated Board that the statement and County Attorney’s letter (both on file) have been uploaded to the Boards webpage and sent as a link to inquiries. Vice Chair Burris joined the meeting at 1:09 p.m. Chair Shiraishi updated Vice Chair Burris on what she missed. No action Disclosures Employees: 1. Michelle Lizama, Deputy Director of Finance 2. Teresa Tumbaga, Deputy County Attorney 3. Todd Raybuck, Chief of Police Member Latkiewicz moved to approve the disclosures of Michelle Lizama, Teresa Tumbaga and Todd Raybuck. Vice Chair Burriss seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 Board of Ethics Open Session June 16, 2020 Page 3 SUBJECT DISCUSSION ACTION Volunteers: 4. Dee Crowell, Liquor Control Commission 5. Laurie Yoshida, Salary Commission Candidates: 6. Edgar Justus IV, Candidate for County Council 7. Clint Yago, Candidate for County Council Members discussed concerns over Mr. Yago’s entry of “new job” under Employment section and blanks under Sections VI, VIII, IX, they request clarification on these items. 8. Wally Nishimura, Candidate for County Council 9. Billy DeCosta, Candidate for County Council 11. Jade Battad, Candidate for County Council Vice Chair Burris questioned salary stated as monthly vs. annual. Board discussed sending back a disclosure for amounts of income. This one does not seem correct, disclosure request annual salary and should be clarified for consistency. Member Toyofuku moved to approve the disclosures of Dee Crowell and Laurie Yoshida. Vice Chair Burriss seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 Secretary Tudela moved to return Clint Yago’s disclosure for clarification that there is no current income and Sections VI, VIII, and IX. Vice Chair Burriss seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 Vice Chair Burris moved to return Jade Battad’s disclosure for clarification on whether salary stated is annual. Member Latkiewicz seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 Board of Ethics Open Session June 16, 2020 Page 4 SUBJECT DISCUSSION ACTION 10. Rory Parker, Candidate for County Council Members discussed that Mr. Parker’s entry on none for employment and income and whether this could be accurate. Chair Shiraishi stated that she read he identifies as a house husband. Secretary Tudela stated that he did say none so he consciously completed the form. Board discussed that they have no problem with it as he intentionally entered none. Chair Shiraishi called for a motion to approve Candidates numbers 6,8,9, and 10. Secretary Tudela moved to approve Candidates 6-Edgar Justus IV, 8-Wally Nishimura, 9- Billy DeCosta, and 10-Rory Parker. Vice Chair Burriss seconded. Voice vote: 5 ayes, 0 nays 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; 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. Member Toyofuku moved to go into executive session. Secretary Tudela seconded. Voice vote 5 ayes, 0 nays. Motion carried 5:0 Board of Ethics Open Session June 16, 2020 Page 5 SUBJECT DISCUSSION ACTION The Board moved into Executive Session at 1:27pm Return to Open Session Ratify on Board actions taken in Executive Session. The Board resumed in Open Session at 2:40 p.m. Secretary Tudela moved to ratify decisions made in Executive Session. Member Toyofuku seconded. Voice vote 5 ayes, 0 nays. Motion carried 5:0 Announcements Next Meeting: Tuesday, July 21, 2020 – 1:00 p.m., Teleconference Possible change in meeting day to be discussed by email. Adjournment Without objection the meeting was adjourned at 2:41 p.m. Submitted by: Reviewed and Approved by: Anela Segreti, Administrative Specialist Mia Shiraishi, Chair ( ) Approved as circulated. ( ) Approved with amendments. See minutes of .