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HomeMy WebLinkAboutBOE_2020_0918_Notice_Agenda-PacketAn Equal Opportunity Employer Mia Shiraishi Members: Chair Kelly Gentry John Latkiewicz Susan Burriss Dean Toyofuku Vice Chair Mary Tudela Secretary COUNTY OF KAUA'I BOARD OF ETHICS NOTICE OF TELECONFERENCE AND AGENDA Friday, September 18, 2020 1:00 p.m. or shortly thereafter Microsoft Teams Audio: +1 469-848-0234, Conference ID: 831 659 943# 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 August 10, 2020 PUBLIC TESTIMONY COMMUNICATION BOE 2020-25 Possible conflict of interest from Council Chair Arryl Kaneshiro dated June 10, 2020 relating to C 2020-169, right-of-entry agreement on the June 17, 2020 Council Meeting. REQUEST FOR AN ADVISORY OPINION RAO 2020-02 Request for an Advisory Opinion from Nicholas Courson dated August 10, 2020 relating to whether it would be a conflict of interest for him to do transactional legal work while employed on a contract basis by the Kauai Emergency Management Agency. BUSINESS BOE 2020-26 Discussion and possible action regarding Advisory Opinion in response to RAO 2020-01. BOE 2020-27 Discussion and possible action regarding revising the disclosure statement. BOE 2020-28 Discussion and possible action on new employee orientation and acknowledgement on ethics. Board of Ethics – September 18, 2020 2 | Page DISCLOSURES Employees: 1. Hugo Cabrera, Office of the County Attorney 2. Arryl Kaneshiro, Councilmember Volunteers: 3. Kelly Gentry, Board of Ethics 4.Jennifer Carter, Civil Service Commission Candidates: 5. Richard Fukushima, 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-028 Executive Session Minutes of August 10, 2020 ES-029: BOE 2020-29 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 and make decisions regarding any response to the Complaint No. 20-001 served on August 24, 2020, in accordance with the Preliminary Opinion served on August 18, 2020 that may be received prior to the meeting (formal Answer to Complaint due on September 14, 2020). RETURN TO OPEN SESSION Ratify on Board actions taken in Executive Session. ANNOUNCEMENTS Next Meeting: Friday, October 16, 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. Board of Ethics – September 18, 2020 3 | Page cc: Charles Foster, Deputy 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 Meeting OPEN SESSION . Board/Commission: BOARD OF ETHICS Meeting Date Aug 10, 2020 Location Teleconference Start of Meeting: 1:00 p.m. End of Meeting: 2:55 p.m. Present Chair Mia Shiraishi, Vice Chair Susan Burriss, Secretary Mary Tudela. Members: Kelly Gentry, John Latkiewicz, Dean Toyofuku. Also: Deputy County Attorney Charles Foster. Boards & Commissions Office Staff: Administrator Ellen Ching and Administrative Specialist Anela Segreti. Testifier: Ed Renaud Excused Absent SUBJECT DISCUSSION ACTION Call To Order Prior to the start of the meeting the Board welcomed Kelly Gentry as their newest Board Member. Chair Shiraishi called the meeting to order at 1:00 p.m. Roll call: Member Gentry: present Member Latkiewicz: present Member Toyofuku: present Secretary Tudela: present Vice Chair Burriss: present Chair Shiraishi: present Six members present, which constituted a quorum. Approval of Minutes Open Session Minutes of July 14, 2020 Open Session Minutes of July 21, 2020 Chair Shiraishi entertained a motion to approve the minutes of July 14, 2020 and July 21, 2020 with no edits. Member Latkiewicz moved to approve the minutes of July 14, 2020 and July 21, 2020. Vice Chair Burriss seconded. Chair Shiraishi approved the minutes as read with no corrections. Board of Ethics Open Session August 10, 2020 Page 2 SUBJECT DISCUSSION ACTION Testimony None No action Communication BOE 2020-24 Possible conflict of interest from Council Chair Arryl Kaneshiro dated July 31, 2020 relating to C 2020-196 relating to a donation of gift certificates from Grove Farm Foundation, valued at $10,000.00 to help Kaua`i’s Kūpuna in need of assistance. Chair Shiraishi entertained a motion to receive. Vice Chair Burriss moved to receive BOE 2020-24. Member Toyofuku seconded. Voice Vote: 6 ayes, 0 nays Motion carried 6:0 Request for an Advisory Opinion RAO 2020-01 Request for an Advisory Opinion from Edmond Renaud dated July 27, 2020 relating to a possible conflict of interest relating to his marriage to an inactivated licensed contractor and his positions as Chief of Field Operations and Maintenance. Chair Shiraishi acknowledged that the board received that request and position description and asked Mr. Renaud if he wanted to add anything else. Mr. Renaud replied that was it. Chair Shiraishi entertained a motion. Board moved into discussion. Secretary Tudela questioned where is the potential conflict. Mr. Renaud replied that when this happened at a meeting, it was suggested by his supervisor, Troy Tanigawa, that he submit a request for an advisory opinion. He clarified that there was no complaint against him. He later found out that his wife was the licensed contractor for a company that was doing work at the hotel and they needed a contractor license and she was helping out. He testified that he is aware that in his position he should not be involved in any of this and that he was not, but he wanted to inform the board of the situation. Secretary Tudela clarified that his wife no longer has an ABC license for General Engineering, Independent, and other. Board of Ethics Open Session August 10, 2020 Page 3 Mr. Renaud clarified that his job is to review contracts after the engineer and project assistant has worked on them to make sure that everything is legal within the County. He also clarified that he approves within the division, than it is moved up and his is not the final approval. The contractor, D&K, used his wife’s license so they could do work and the County’s road division has contracts with them. He continued to clarify that he reviewed contracts by this contractor and they were the low bidder and everything was in line and allowed it to move forward for approval. Secretary Tudela asked him to clarify being asked to write a request for an advisory opinion. Mr. Renaud explained that when COVID-19 happened the local Contractors General Association of Hawaii was looking for contractors and they made a list available to the community of General Contractors and RMEs in case they needed assistance. His wife’s name was on the list and that’s how it came forward. Vice Chair Burriss asked if his wife planned to reactivate her contractor’s license. Mr. Renaud replied that he does not believe she will, but has told her that if she does get involved in something she cannot get involved in anything with the County as long as he is working. Chair Shiraishi asked Deputy County Attorney Charles Foster that they do not look at past behavior for a violation. They are only to advise on actions that have not yet happened. Mr. Foster stated that request can be made to assist officers and employees in the proper performance of their official duties and responsibilities in accordance with the Code of Ethics. It was clarified that Request for an Advisory Opinion is not to review actions that happened in the past, that would be a complaint. Chair Shiraishi is satisfied that Mr. Renaud’s wife’s license is inactivated and they have been told that she has no plans to reactivate at this time. She would question that if she does that he would contact the board with the issue. Member Toyofuku asked if the company that she had her license with have any current Vice Chair Burriss moved to find no conflict Member Toyofuku seconded. Roll call vote: Member Gentry: no conflict Member Latkiewicz: no conflict Member Toyofuku: no conflict Secretary Tudela: aye Vice Chair Burriss: aye, no conflict Chair Shiraishi: aye, no conflict Motion carried 6:0 Board of Ethics Open Session August 10, 2020 Page 4 contracts with the County. Mr. Renaud explained that she inactivated her license he believes on April 1. He doesn’t know why, she said she retired already and she wasn’t getting paid, she was just helping out and with the list that came out on the 20th with the Contractors Association she was already out. When he found out he checked all the accounts and there wasn’t anything with him. The company is finishing a contract with the County, but cannot apply for anymore until they get a licensed contractor. He also clarified that she was not getting payed and not an employee. The company has 90 days to obtain a licensed contractor. Ellen Ching, Administrator, stated that she heard discussion that if circumstances should change he should come before the board. She asked if a clarifying statement should be included in the letter. Chair Shiraishi confirmed she would like a statement regarding that in the letter. Board discussed that they should not place any judgement on what happened in the past already, that would be a complaint and not what they were to do today. Ms. Ching asked for a motion from the board to work with the Chair to draft a letter with guidance on moving forward. Member Toyofuku agreed with Ms. Ching and that this is something they have experienced before and believes that inserting the conditions moving forward that in whatever way possible that should his wife ever reactivate her license again they would recommend that he come forward for an advisory opinion. Making decision is based on today and moving forward. He acknowledged that the company was awarded a contract prior to knowing the facts, and for example if a complaint came in they would look over all those facts. He remembered that she was the RME and any permits or contracts that went through his office would have needed to be signed by her. He clarified for this opinion it is moving forward and doesn’t matter what happened before. Secretary Tudela stated that a question on this could come before the board and the decision they made today has no bearing on that. Vice Chair Burriss asked if they should reach out to the licensing bureau and perhaps they could put a cautionary message. Secretary Tudela moved that the Board of Ethics allow administration to confer with the Chair about added comments on the response to this request. Vice Chair Burriss seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Board of Ethics Open Session August 10, 2020 Page 5 Secretary Tudela suggested that it should be made to the County. Ms. Ching clarified that the contractor’s license is a State body and she could give a call to them. She stated that this is limited to County employees, similar to the previous one and if you’re an employee and work for the department giving the license that becomes problematic. Member Toyofuku suggested a FYI memo from the Board of Ethics. Ms. Ching offered to discuss this with HR and the Board agreed. Business BOE 2020-20 Discussion and possible action on returning to conducting Board of Ethics meetings on the third Friday of the Month beginning September 18, 2020. Sue thanked the Board for being flexible as she preferred Fridays. Secretary Tudela moved to return the Board of Ethics meeting to the third Friday of every month beginning September 18, 2020. Vice Chair Burriss seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Disclosures Candidates: 1. Justin Kollar, Candidate for Prosecuting Attorney 2. Addison Bulosan, Candidate for County Council 3. Victoria Franks, Candidate for County Council 4. Debralynn Carveiro, Candidate for County Council 5. Shirley Simbre-Medeiros, Candidate for County Council 6. Michael Dandurand, Candidate for County Council 7. Donovan Cabebe, Candidate for County Council 8. Clint Yago, Candidate for County Council Board of Ethics Open Session August 10, 2020 Page 6 SUBJECT DISCUSSION ACTION Chair Shiraishi asked how it works now that the primary is done and some of the candidates are out. Ms. Ching believes they are still obligated to file disclosures regardless of the results. She asked for follow-up as to whether all the candidates filed. Anela Segreti, Administrative Specialist, confirmed that not all candidates filed, none of the Council incumbents filed. Discussion that incumbents are assuming since they already have one on file that they do not need submit one as a candidate. Mr. Foster confirmed that they clearly have to file the disclosure, the question regarding once it becomes mute, does the body still need to act on them. He suggested that since they have filed they should act on them. Ms. Segreti stated that she did inquire with Council Services as to whether the incumbents needed to file and was told yes. Justin Kollar filed as a candidate. Vice Chair Burriss stated that #3, Victoria Franks, #4, and #7 used acronyms in section IV and should be returned for more information. Also #8, Clint Yago, there are blanks on sections VI, VIII, and IX. Ms. Segreti confirmed that for #8, Clint Yago, the incorrect form was sent to members to review. The correct form was uploaded for the board to review and he completed blank sections with an N/A. Members discussed the acronyms used by candidates #3, #4, and #7, to be clear to describe the acronyms so they can be clear as to a conflict. Discussion continued to whether the Board should pursue the disclosures for candidates that will not be moving forward. Mr. Foster clarified that the board can decide how to handle the disclosures of those candidates not moving forward. He stated that while there is a legal requirement to look at them, there’s no legal requirement that you send them back to anyone, there’s no legal requirement that you follow up on every one. The board can decide among themselves how to proceed. Board of Ethics Open Session August 10, 2020 Page 7 Ms. Ching suggested that the board may want to not approve as mute and that also not all information was submitted as requested for future reference. Board continued to discuss what acronyms versus name of company and initials and how they will know what the company does and whether there is a potential conflict. That will be placed on the agenda for another meeting and discussion. Member Latkiewicz moved to approve disclosures 1, 2, 5, 6, & 8. Vice Chair Burriss seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Vice Chair Burris moved to approve 3, 4, 7 with a conditional statement going back to them. Secretary Tudela seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 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-026 Executive Session Minutes of July 14, 2020 Executive Session Minutes of July 21, 2020 Board of Ethics Open Session August 10, 2020 Page 8 SUBJECT DISCUSSION ACTION ES-027: BOE 2020-24 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 and make decisions regarding the draft of a preliminary opinion 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. The Board moved into Executive Session at 2:08 pm Vice Chair Burriss moved to go into executive session. Secretary Tudela seconded. Voice vote 4 ayes, 0 nays. Motion carried 4:0 Return to Open Session Ratify on Board actions taken in Executive Session. The Board resumed in Open Session at 2:55 p.m. Vice Chair Burriss moved to ratify decisions made in Executive Session. Member Latkiewicz seconded. Voice vote 6 ayes, 0 nays. Motion carried 6:0 Announcements Next Meeting: Friday, September 18, 2020 – 1:00 p.m., Teleconference Board of Ethics Open Session August 10, 2020 Page 9 SUBJECT DISCUSSION ACTION Adjournment Without objection the meeting was adjourned at 2:55 p.m. Submitted by: Reviewed and Approved by: Anela Segreti, Administrative Specialist Mia Shiraishi, Chair ( ) Approved as circulated. ( ) Approved with amendments. See minutes of . COUNryCOUNCIL Arryl Kaneshiro, Chair Ross Kagawa, Vice Chair Arthur Brun Mason K Chock Felicia Cowden Luke A. Evslin KipuKai Kuali'i OFFICE OF THE COUN'TY CLERK Jade K. Fountain-Tanigawa, County Clerk Scott K. Sato, Deputy County Clerk Telephone: (808)2414188 Facsimile: (808)24t-6349 E-mail: cokcouncil@kauai.gov Council Services l)ivision 4396 fuce Street. Suite 209 Lihu'e, Kaua'i, Hawaii 96166 RECEIVED MEMORANDUM June 10,2020 BOARDS A COMMISSIONS TO Members of the Kaua'i County Council FROM: Arryl Kaneshiro, Council Chair f,[. RE: Pursuant to Section 20.04(8) ofthe Kaua'i County Charter, Section 3-1.9 ofthe Kaua'i County Code 1987, as amended, and RuIe No.8 ofthe Rules ofthe Council of the County of Kaua'i, I hereby provide written disclosure on the record of a possible conflict ofinterest relating to C 2020-169, regarding the Right-of-Entry Agreement to construct ard/or repair portions of Puhi Road for sidewalks and $ading, as well as for construction related to the Puhi Road drainage system, due to my employment with Grove Farm Company, Inc. Should you have any questions, please feel free to contact the OfEce of the County Clerk, Council Services Division, ar 241-4188. Thank you for your attention to this matter. AA:ss cc: AN EQUAL OPPORTUNITY EMPLOYER JUN 15 2020 POSSIBLE CONFLICT OF INTEBEST REGARDING C 2020-169, RIGHT-OF-ENTRY AGREEMENT ON THE JUNE 17, 2O2O COUNCIL MEETING July 8, 2020 Council Meeting Agenda County of Kaua'i Board of Ethics Council Services Staff BOE 2020-25 RAO 2020-02 KAUA‘I COUNTY BOARD OF ETHICS DISCLOSURE STATEMENT INSTRUCTION SHEET I.WHO MUST FILE. The Mayor, Council persons, Prosecuting Attorney, all department heads and deputies, members of boards and commissions, the purchasing agent, any employee delegated or authorized to act on behalf of the director of finance and deputy director of finance in their absence and all candidates for elective office. II.WHEN TO FILE. Disclosure forms must be filed within thirty (30) days of taking office or within seven (7) days of fling nomination paper as a candidate for office, as in the case may be. Section 3-1.9, Kaua‘i County Code 1987; Section 20.04, Charter of the County of Kaua‘i. III.WHAT TO FILE. Charter §20.04 says you must file a list of all property in which you have a right, title, or interest, a list of all business firms which contract for county business in which you have any interest, all places of your employment including part-time employment, all sources and amounts of income, business, ownership, officer and director positions, debts, creditor interests in insolvent businesses, and the names of persons represented before government agencies. IV.AMENDMENTS. Disclosure forms must be updated within thirty (30) days of any change in information requiring disclosure. V.PENALTY FOR FAILURE TO FILE. A violation of any provision of the Code of ethics of the Charter of the County of Kaua‘i shall be cause for fine, suspension, or removal from office or employment. VI.WHERE TO FILE. All Disclosure Statements may be filed on-line, or by mail or in person to the address as follows: Kaua‘i County Board of Ethics c/o Office of Boards and Commissions Mo‘ikeha Building 4444 Rice Street, Suite 150 Līhu‘e, Kaua‘i, Hawai‘i 96766 We suggest you make and retain a copy for your personal records. DISCLOSURE FORMS ARE PUBLIC RECORD BOE 2020-27 BOARD OF ETHICS COUNTY OF KAUA‘I DISCLOSURE STATEMENT THIS DOCUMENT SHALL BECOME A PUBLIC RECORD WHEN RECEIVED BY THE OFFICE OF BOARDS AND COMMISSIONS. PLEASE COMPLETE ALL SECTIONS, USE N/A IF YOU HAVE NOTHING TO REPORT FOR A PARTICULAR SECTION. NAME: (First) (Middle) (Last) Name of spouse: POSITION TITLE: Indicate your elected or appointed County position, Board or Commission, or the public office you are filing for: I am a Candidate for Public Office: (Name of Public Office) I am an Elected or Appointed official or delegated employee for Kaua‘i County: _______________ (Position Title) I am an Appointed member of a Board or Commission: __________________________________ (Name of Board or Commission) Employer Type of Business Position III.CURRENT ANNUAL INCOME – List all sources and amounts of income greater than $1,000 (i.e. wages, income from rental or real estate, loan repayments, stock dividends, interest on savings or bonds, retirement income, social security, etc.) including your County of Kaua‘i income. Source (Required: name of company) Current Annual Income (Round to the nearest $10,000. If more than $100,000, you may list > $100,000) I.GENERAL INFORMATION II.EMPLOYMENT – List all current employment other than County employment (including part-time) Business Name Percent Ownership Interest Check here if business contracts with the County Organization Name Type of Organization Position Address/Location Tax Map Key Number IV. BUSINESS INTEREST – List all business, partnerships, or sole proprietorships and the percentage of interest in which you have an interest (please identify acronyms appropriately). V. POSITION HELD IN BUSINESS OR ORGANIZATION – List in the space below the information requested for all organization (whether corporations, non-profit corporations, unincorporated organization, partnerships, etc., and identify acronyms appropriately) in which you are an official of the organization (for example, president, vice-president, secretary, treasurer, trustee, agent, board member, etc.) VI. CREDITORS – List the name of every person, business, organization, or corporation (excluding credit cards) to whom you owe money. VII. REAL PROPERTY – List the street address or tax map key number of any real estate in which you have an interest. (Pursuant to the Constitution of the State of Hawai‘i, Article XIV) Name of person, company, etc. Board/Commission/Agency Year I hereby swear under oath and certify, under penalty of perjury, and pursuant to HRS § 710-1061, that all of the information provided in this report is true and correct. I understand that providing false information may be a violation of Federal and State law. I further understand that if I acquire or possess an interest that might reasonably tend to create a conflict of interest with my duties or authority, or I or a member of my immediate family, which includes parents, siblings, spouse, or children, is an owner, officer, executive director, or director of an organization in any matter pending before me, I shall make full disclosure of the conflict of interest and shall not participate in said matter. _____________________________________ ________________________________ Signature Date VIII. REPRESENTATION BEFORE GOVERNMENT AGENCIES – List the names of all persons, corporations, organizations, partnerships, etc. that you have represented before any government agency, (Federal, State, or County) board, or commission in the last five years: IX. CREDITOR INTEREST IN INSOLVENT BUSINESSES – List the name of any insolvent business which owes money to you. X. CERTIFICATION