HomeMy WebLinkAboutBOE_2020_1120_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, November 20,2020
1:00 p.m. or shortly thereafter
Microsoft Teams Audio: +1 469-848-0234, Conference ID: 970 023 714#
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
EXECUTIVE SESSION
ES-034: BOE 2020-33 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 possibly make
decisions regarding the resolution of Complaint No. 20-001 and other related
matters.
RETURN TO OPEN SESSION
Ratify on Board actions taken in Executive Session.
APPROVAL OF MINUTES
Open Session Minutes of October 16, 2020
PUBLIC TESTIMONY
COMMUNICATION
REQUEST FOR AN ADVISORY OPINION
RAO 2020-04 Request for an Advisory Opinion from Russell Izumo dated October 6, 2020
relating to being offered the position of Automotive Superintendent for the
County of Kauai and the owner of Nex Gen Diesel, an authorized provider of
warranty services to the County of Kauai Auto Shop (Deferred 10/16/20).
RAO 2020-05 Request for an Advisory Opinion from Donald Fujimoto received October 15,
2020 relating to an Outside Employment Request to work as the Responsible
Managing Employee (RME) for DMK & Associates, Inc.
Board of Ethics – November 20, 2020
2 | Page
BUSINESS
BOE 2020-34 Discussion and possible action regarding the adoption of the Charter Amendment
on Disclosure Statements and next steps.
DISCLOSURES
Employees:
1. Luke Evslin, Councilmember
EXECUTIVE SESSION
ES-033 Pursuant to Hawai’i Revised Statutes §92-4, §92-5(a)(4), §92-9(a)(1-4) and (b),
the purpose of this Executive Session is for the Board to approve or amend the
Executive Session Minutes of October 16, 2020, and to consult with its attorney
on issues pertaining to the Board’s powers, duties, privileges, immunities, and /or
liabilities as they may relate to this item.
ES-035: BOE 2020-33 Pursuant to Hawai’i Revised Statutes §92-4, §92-5 (a) (4), the purpose of this
Executive Session is for the Board to consult with its attorney on questions and
issues pertaining to the Board’s powers, duties, privileges, immunities, and /or
liabilities as they may relate to RAO 2020-04.
ES-030: BOE 2020-32 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 an anonymous letter dated September 22, 2020 requesting the Board of
Ethics initiate an investigation into an allegation relating to an employee(s) or
officer(s) of the County (Deferred 10/16/20).
RETURN TO OPEN SESSION
Ratify on Board actions taken in Executive Session.
ANNOUNCEMENTS
Next Meeting: TBD
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: Charles Foster, Deputy County Attorney
Board of Ethics – November 20, 2020
3 | Page
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 October 16, 2020
Location Teleconference Start of Meeting: 1:01 p.m. End of Meeting: 3:54 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. Testifiers: Adam Roversi, Russell Izumo, Mike Tressler
Excused
Absent
SUBJECT DISCUSSION ACTION Call To Order Chair Shiraishi called the meeting
to order at 1:01 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 September 18, 2020
Vice Chair Burriss corrected page 2 where it says “all though” should be
“although”, and on page 7 “Burris” should be “Burriss”.
Secretary Tudela corrected page 3 “persay” to “perceive”.
Vice Chair Burriss moved to
approve the minutes of
September 18, 2020 as amended.
Member Toyofuku seconded.
Voice vote: 6 ayes, 0 nays
Motion carried 6:0
Board of Ethics
Open Session
October 16, 2020
Page 2
SUBJECT DISCUSSION ACTION
Public Testimony None No action
Communication BOE 2020-30 Memorandum from Councilmember Felicia Cowden dated October 7,
2020 relating to her recusal from Resolution No. 2020-44 (Mayoral Reappointment
of Dean A. Toyofuku to the Board of Ethics).
Chair Shiraishi entertained a motion to receive.
Secretary Tudela moved to
receive BOE 2020-30. Member
Latkiewicz seconded.
Voice Vote: 6 ayes, 0 nays
Motion carried 6:0
Request for an
Advisory Opinion
RAO 2020-03 Request for an Advisory Opinion from Adam Roversi dated September
23, 2020 relating to no Code of Ethics issue arising from working in a limited part-time
position with the Fifth Circuit Court.
Chair Shiraishi asked Deputy County Attorney Foster if Mr. Roversi would be allowed to
be Grand Jury Council as he works for the County of Kauai.
Mr. Foster replied that it is his opinion that he is, he can work at other jobs.
Chair Shiraishi stated that HRS Section 612-52, which states that it cannot be a public
employee, based on her research. She found that it refers to any person holding a
position in the service of a jurisdiction irrespective of the type of appointment and
jurisdiction includes the County of Kauai. She does not want to proceed if it is precluded
by statute.
Adam Roversi, County Director of Housing, stated that he was not aware of the statute
and it may moot his question and make it irrelevant. When he contacted the 5th circuit
court they did not raise any issues on their end, but asked him to address possible conflict
of interest and that prompted him to come before the Board in an abundance of caution.
The position has not been offered, it was a thought of applying. He stated he could
withdraw his request or alternatively state that if the court determines that he is not
precluded by the statute he would ask that the Board would find that there’s not an ethics
code violation.
Chair Shiraishi asked if it was time sensitive and if the Board could have an extension of
time to consider this.
Board of Ethics
Open Session
October 16, 2020
Page 3
SUBJECT DISCUSSION ACTION
Mr. Roversi answered that it would be fine with him. He would withdraw his request at
this point and will confer with Chief Judge Valenciano and clarify the statute and if Chair
is correct he will not resubmit his request.
Chair Shiraishi explained that she found the information on the Hawaii State Judiciary
Website where they are looking for Grand Jury Council.
Mr. Roversi formally withdrew his
request.
RAO 2020-04 Request for an Advisory Opinion from Russell Izumo dated October 6,
2020 relating to being offered the position of Automotive Superintendent for the County
of Kauai and the owner of Nex Gen Diesel, an authorized provider of warranty services
to the County of Kauai Auto Shop.
Chair Shiraishi stated that Russell Izumo and Mike Tressler were present to answer
questions. She asked if Mr. Izumo had anything to add to his written request.
Mr. Izumo clarified that in part one of his request that the County will not be billed for
any Cummins warranty service from his company. His company deals directly with
Cummins for warranty work. Mr. Izumo stated that his company is the only authorized
dealer on Kauai. He also wanted to clarify that he is asking if his company can provide
Cummins engine’s parts quotes to the County as the majority of the heavy trucks and
garbage trucks are powered by Cummins engines.
Mike Tressler, Acting Deputy County Engineer and Public Works Fiscal Management
Officer, added that there are processes in place through the procurement code. Parts that
are purchased under $1500 is done with a pCard and do not require a quote per se, so to
ensure that they are ethically transparent, if auto shop is to seek quotes for a Cummins’
part, even if under $1500, they will require, at minimum, one other quote and Mr. Izumo
would not sign off, Mr. Tressler would. They do know that in many cases he has the
lower price and they can get the parts quicker, and down time is less, which is important
to operations. Anything over $1500 requires three quotes, so the department feels there
are sufficient procedures in place to be sure that things remain transparent, they will see
the lowest price for the parts.
Chair Shiraishi entertained a motion.
Board of Ethics
Open Session
October 16, 2020
Page 4
SUBJECT DISCUSSION ACTION
Chair Shiraishi summarized that Mr. Izumo is requesting an opinion about whether
NexGen Diesel is able to provide warranty service to Cummins Inc. for the County of
Kauai equipment warranty issues and if NexGen is able to provide quotes and supply
engine parts to the County of Kauai Auto Shop.
Secretary Tudela asked for clarification on the relationship between Mr. Izumo and Mr.
Tressler, in terms of work.
Mr. Tressler explained that Mr. Izumo has been offered the position of the Auto Shop
Superintendent, which is the head of the Division and as the Acting Deputy County
Engineer and oversees the Department of Public Works daily operations and Auto shop is
under him as well as being the fiscal management officer for the department.
Secretary Tudela clarified that she had a concern that there is a supervisor in the County
which is also a 50% owner of an outside business that does warranty work for the County
and would also be involved in providing equipment parts under $1500.
Mr. Tressler stated that Mr. Izumo would be providing quotes for parts, not necessarily
just under $1500.
Secretary Tudela clarified that here is a situation of a supervisor of a department
authorizing purchases.
Mr. Tressler stated that it is his responsibility to authorize purchases, but also in some
instances the Superintendents. He wants it to be clear that when they obtain quotes from
NexGen he would not be in the chain to authorize those purchases if he is found to be the
lowest quote.
Secretary Tudela explained that the Board evaluates this against the Code and this one is
“fuzzy”.
Mr. Tressler stated that they do not obtain quotes of purchases under $1500 but will
obtain at least one other quote to maintain their integrity of the process.
Secretary Tudela asked what the impact will be on the department and County if the
Board finds a conflict.
For Discussion Vice Chair Burriss
moved to find no conflict. Member
Gentry seconded.
Board of Ethics
Open Session
October 16, 2020
Page 5
SUBJECT DISCUSSION ACTION
Mr. Tressler stated that it eliminates an opportunity from obtaining competitive quote
from the only authorized dealer on the island. On the warranty side they would not be
getting the warranty service from the only authorized dealer, which they pay for and
would need to deal with Cummins on that. He has thought it threw on the procurement
side, they obtain quotes and they go with the lowest.
Chair Shiraishi explained that they are to look at compliance or violation of the Code of
Ethics and pointed out that the two sections that are relevant are Section 20.02c. as well
as Section 20.03.
Vice Chair Burriss stated that there is in fact a conflict and we are faced with a dilemma
of being on a small island and there being one suitable provider, and how do we treat
this.
Member Latkiewicz asked if there have been similar cases.
Mr. Tressler stated that in the past they have used an alternative provider that does not
have any certified Cummins provider. He personally feels that the transaction is between
Cummins Corp and the County, it’s a warranty issue and does not involve NexGen. The
contractual agreement is between NexGen and Cummins. As far as the competitive
process of obtaining quote he suggest adding it to purchases under $1500.
Ellen Ching, Administrator, suggested to take a recess to consult with their County
Attorney.
Chair Shiraishi recessed the Open Session at 1:34pm
Chair Shiraishi reconvened the Open Session at 1:53pm
Chair Shiraishi requested additional time, until the November 20 meeting,
for legal counsel to research more on this issue.
Mr. Tressler and Mr. Izumo agreed.
Chair Shiraishi asked that they attend the November meeting.
Roll call:
Member Gentry: present
Member Latkiewicz: present
Member Toyofuku: present
Secretary Tudela: present
Vice Chair Burriss: present
Chair Shiraishi: present
Vice Chair Burris withdrew
her motion. Member Gentry
withdrew her second.
Board of Ethics
Open Session
October 16, 2020
Page 6
SUBJECT DISCUSSION ACTION
Chair Shiraishi entertained a motion to defer. Vice Chair Burriss moved to defer
RAO 2020-04 to the November 20,
2020 meeting. Member Gentry
seconded.
Voice Vote: 6 ayes, 0 nays
Motion carried 6:0
BUSINESS BOE 2020-31 Discussion and possible action regarding revisions made to the disclosure
statement.
Board reviewed revised disclosure statement presented.
No action
Disclosures Employees:
1. Aaron Larrimore, Office of the County Attorney
2. Lee Evslin, Councilmember
Candidates:
3. Felicia Cowden, Candidate for County Council
4. Mason Chock, Candidate for County Council
5. Kipukai Kuali`i, Candidate for County Council
Secretary Tudela stated that though incumbent candidates Evslin, Kuali`i and Chock did
not check that they are both councilmembers and candidates and suggested that the
record reflect that the Board is aware that they are both. She is not suggesting that they
be returned for clarification. She also pointed out that Councilmember Evslin did not list
his Island School salary.
Board discussed whether they needed clarification on the differences between
councilmember salaries.
Secretary Tudela moved to approve
Larrimore disclosure. Member
Latkiewicz seconded.
Voice vote: 6 ayes, 0 nays
Motion carried 6:0
Secretary Tudela moved to approve
Cowden, Kuali`i and Chock’s
disclosures. Vice Chair Burriss
seconded.
Voice vote: 6 ayes, 0 nays
Motion carried 6: 0
Secretary Tudela moved to return
Councilmember Evslin’s disclosure
for clarification on Island School
salary. Vice Chair Burriss
seconded.
Voice vote: 6 ayes, 0 nays
Motion carried 6:0
Board of Ethics
Open Session
October 16, 2020
Page 7
SUBJECT DISCUSSION ACTION
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-030: BOE 2020-32 Anonymous letter dated September 22, 2020 requesting the
Board of Ethics initiate an investigation into an allegation relating to an employee(s) or
officer(s) of the County.
ES-031 Executive Session Minutes of September 18, 2020
ES-032: BOE 2020-33 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 formal hearing for Complaint No. 20-001 referred to an
independent hearings officer on September 25, 2020.
The Board moved into Executive Session at 2:20 pm
Vice Chair Burriss moved to go into
executive session at 2:20pm.
Secretary Tudela seconded.
Voice vote: 6 ayes, 0 nays
Motion carried 6:0
Board of Ethics
Open Session
October 16, 2020
Page 8
Submitted by: Reviewed and Approved by:
Anela Segreti, Administrative Specialist Mia Shiraishi, Chair
( ) Approved as circulated.
( ) Approved with amendments. See minutes of
SUBJECT DISCUSSION ACTION
Return to Open
Session
Ratify on Board actions taken in Executive Session. The Board resumed in Open
Session at 3:52 p.m.
Roll call:
Member Gentry: present
Member Latkiewicz: present
Member Toyofuku: present
Secretary Tudela: present
Vice Chair Burriss: present
Chair Shiraishi: present
Vice Chair Burriss moved to
ratify decisions made in
Executive Session. Secretary
Tudela seconded.
Voice vote 6 ayes, 0 nays.
Motion carried 6:0
Announcements Next Meeting: Friday, November 20, 2020 – 1:00 p.m., Teleconference
Adjournment Without objection, the meeting
adjourned at 3:54 p.m.
RAO 2020-04
POLICY AND STANDARD OPERATING
PROCEDURE
County of Kaua’i
Department of Public Works Outside Employment Original:
DEPARTMENT OF PERSONNEL SERVICES
COUNTY OF KAUA‘I
OUTSIDE EMPLOYMENT REQUEST
1.Employee Name:______________________________________________________
2.Employing Department:______________________________________________________
3.Immediate Supervisor’s Name:______________________________________________________
4.Job Title:______________________________________________________
5.Job Duties and Responsibilities:
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
6.Outside Employment Information:
A.Company Name:______________________________________________________
B.Type of Business:______________________________________________________
C.Business Address:______________________________________________________
______________________________________________________
D.Business Phone:______________________________________________________
E.Job Title:______________________________________________________
F.Job Duties and Responsibilities:
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
G.Work Hours:______________________________________________________
EMPLOYING DEPARTMENT ACTION:
_____ Approve _____ Disapprove _____ Refer to Board of Ethics
Signature of Department Head/Representative:
______________________________________________ Date: _____________________________________
RAO 2020-05
Page 9
reasonable in scope, and must specify as clearly as possible documents or data desired
and show their relevancy.
(c)Time of Application. Application for subpoenas shall be made at least
five (5) days prior to the hearing. If application is made at a later time, the Board
may, in its discretion, continue the hearing or any part thereof.
(d)Enforcement. Enforcement of subpoenas served pursuant to these rules
will be effected by written application of the Board to any circuit judge.
RULE 3: DISCLOSURE REQUIREMENTS
3.1 WHO MUST FILE
The mayor, councilpersons, all department heads and deputies, members of
boards and commissions and the purchasing agent shall be required to file the
disclosure pursuant to the Code of Ethics.
3.2 PUBLIC INFORMATION
Disclosures filed with the Board are public record. It is provided however that
the personal contact information consisting of address and phone number shall be
redacted before release of the document by the Office of Boards & Commissions to a
member of the public.
3.3 PROCEDURE AFTER FILING
Each disclosure will be reviewed by the Board for conflicts of interest. If a
conflict or potential conflict is found, the Board will so notify the individual and
advise corrective action to be taken to avoid violation of the Code of Ethics. Where
the situation is deemed to have precedential value, the Board will proceed as though
the disclosure was a request for an advisory opinion, and after rendering such,
circulate a deleted advisory opinion to appropriate county agencies, officers, and
employees.
RULE 4: DISQUALIFICATION OF BOARD MEMBERS
4.1 REQUESTED DISQUALIFICATION
A party to a hearing may request disqualification of any Board member by
filing an affidavit alleging that such member cannot act impartially because of
personal bias or prejudice. Every such affidavit shall state the facts and reasons
therefore, and shall be filed at least ten (10) days before the hearing. The Board
BOE 2020-34
Who Must File Disclosure Statements
Comparison between State and Counties of Hawai‘i
2
State of Hawaii C & C Honolulu County of Hawai‘i Maui County County of Kaua‘i
EMPLOYEES The permanent
employees of the
legislature and its
service agencies, other
than persons employed
in clerical, secretarial,
or similar positions
All full-time employees of
the executive and legislative
branches of the City and
County of Honolulu who
are exempt from civil
service pursuant to sections
6-1103 and 6-1104, RC, but
excluding all persons hired
under the Comprehensive
Employment and Training
Acct and under subsections
(e), (f), (g), and (h) of
section 6-1003, RCH
All regulatory employees of
the County of Hawaii as
defined and described in
Section 2-91.1(7), HCC
“Regulatory employee”
means:
a. Supervisors of
inspectors
employed by the
department of
public works and
department of
environmental
management
b. Inspectors
employed by the
department of
public works and
department of
environmental
management
c. Supervisor of
liquor control
investigators
d. Liquor control
investigators
e. Buyers and
purchasing agents
f. Supervisors of real
property tax
appraisers
g. Real property tax
appraisers
h. Planners employed
by the department
of water supply
i. Legislative auditor
N/A Any employee delegated or
authorized to act on behalf of the
director of finance and deputy