HomeMy WebLinkAboutBOE_2020_1211_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, December 11,2020
1:00 p.m. or shortly thereafter
Microsoft Teams Audio: +1 469-848-0234, Conference ID: 580 779 529#
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 November 20, 2020
PUBLIC TESTIMONY
COMMUNICATION
REQUEST FOR AN ADVISORY OPINION
None
BUSINESS
BOE 2020-34 Discussion and possible action regarding the adoption of the Charter Amendment
on Disclosure Statements and next steps (Deferred 11/20/2020).
BOE 2020-35 Discussion and possible action regarding Advisory Opinion in response to RAO
2020-02.
BOE 2020-36 Discussion and possible action regarding Advisory Opinion in response to RAO
2020-04.
BOE 2020-37 Discussion and possible action regarding Advisory Opinion in response to RAO
2020-05.
BOE 2020-38 Review and possible approval of meeting schedule for 2021.
BOE 2020-39 Election of Chair, Vice Chair and Secretary for Calendar Year 2021.
Board of Ethics – December 11, 2020
2 | Page
DISCLOSURES
None
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 November 20, 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-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.
ANNOUNCEMENTS
Next Meeting: Friday, January 15, 2021 at 1:00 p.m.
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
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.
Board of Ethics – December 11, 2020
3 | Page
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 November 20, 2020
Location Teleconference Start of Meeting: 1:04 p.m. End of Meeting: 4:46 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. Requesters: Russell Izumo, Donald Fujimoto
Excused
Absent
SUBJECT DISCUSSION ACTION
Call To Order Chair Shiraishi called the meeting
to order at 1:04 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.
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.
Member Latkiewicz moved to go
into executive session at 1:08pm.
Vice Chair Burriss seconded.
Voice vote: 6 ayes, 0 nays
Motion carried 6:0
Board of Ethics Page 2
Open Session
November 20, 2020
SUBJECT DISCUSSION ACTION
Return to Open
Session
Ratify on Board actions taken in Executive Session. The Board resumed in Open
Session at 2:28pm
Roll call:
Member Gentry: present
Member Latkiewicz: present
Member Toyofuku: present
Secretary Tudela: present
Vice Chair Burriss: present
Chair Shiraishi: present
Member Latkiewicz moved to
ratify decisions made in
Executive Session. Vice Chair
Burriss seconded.
Voice vote 6 ayes, 0 nays.
Motion carried 6:0
Approval of
Minutes
Open Session Minutes of October 16, 2020
Secretary Tudela corrected page 5, first paragraph, last sentence “threw” to “through”.
Vice Chair Burriss moved to
approve the minutes of October
16, 2020 as amended. Member
Toyofuku seconded.
Voice vote: 6 ayes, 0 nays
Motion carried 6:0
Public Testimony None
No action.
Communication None No action.
Board of Ethics Page 3
Open Session
November 20, 2020
SUBJECT DISCUSSION ACTION
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).
Chair Shiraishi asked if Mr. Izumo had anything to add since last meeting. She
explained that deferral was requested to do more research and consult with attorney.
She suggested that Board go back into executive session to consult with attorney.
Member Latkiewicz moved to go
into executive session at 2:31pm.
Member Gentry seconded.
Voice vote: 6 ayes, 0 nays
Motion carried 6:0
Chair Shiraishi recapped the request from Mr. Izumo and entertained a motion for
discussion.
Vice Chair Burriss asked Mr. Izumo how many employees would be doing warranty
work.
Mr. Izumo replied two, him and another person.
Vice Chair Burriss confirmed with Mr. Izumo that he will not be engaging in warranty
work during his County work hours and that he felt comfortable with other employee
working under his supervision after County hours. Mr. Izumo confirmed.
Secretary Tudela asked Mr. Izumo asked Mr. Izumo to quantify the degree of harm the
County has experienced over the past twelve months because of the current procedure for
procurement that does now use warranty replacement supplies from Nex Gen.
Mr. Izumo clarified that the negative side is that there is a backlog of vehicles in need of
repair, including rubbish and refuse transfer trucks, and this is more of what his business
does. If there is warranty, work it’s sent to another company that he hears takes longer to
do things to engine work. His work is primarily engine work and the harm to the County
is equipment down time, which is approximately 15-18 trucks. He expressed that the
benefits to the County is that he can do warranty things as the authorized dealer and has
more access to information than the other business used. He is also going to change
The Board resumed in Open
Session at 3:00pm
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
find no conflict subject to
restrictions. Secretary Tudela
seconded.
Voice vote 6 ayes, 0 nays.
Motion carried 6:0
Board of Ethics Page 4
Open Session
November 20, 2020
SUBJECT DISCUSSION ACTION
some of the County workers with dealership level trouble shooting.
Secretary Tudela stated that when doing training as an employee of the County a concern
is that it should be done off County time, so not being paid by two different entities.
Mr. Izumo stated that he would be teaching for free on the job.
Member Toyofuku stated that he liked that warranty work would be done after County
hours, and clarified that the vehicles getting warranty work would be taken to the Nex
Gen location. Mr. Izumu confirmed.
Ms. Ching asked Mr. Izumu if he had accepted the position as Automotive
Superintendent. He confirmed two days ago.
Ms. Ching asked if Robert Yamamoto was his supervisor. Mr. Izumo confirmed that he
is Mr. Yamamoto’s supervisor.
Ms. Ching asked for clarification for quicker, better service regarding engines and down
time for the trucks. She asked what is the problem with them being down. He confirmed
that if the machines are down, trash cannot be picked up. He stated that he is not
soliciting any work to be done, it’s mainly warranty and is not directed to the County, it’s
for the County through Cummings Engine warranty because he can file the warranty
direct. Repair side of warranty work the County will not be responsible for, it all goes to
his business and certain things the present company cannot do, because it’s restricted to
dealers. The trucks out of warranty they will try to do in house training and bring them
up to date on modern electrics. Number one priority is refuse pickup because it leads to
overtime as they have overtime due to doubling up on trucks.
Ms. Ching asked to clarify Cummings and Nex Gen and if the warranty contract is with
Cummings or Nex Gen. Mr. Izumu stated that he represents Cummings in doing the
warranty and files it through Cummings and Cummings reimburses Nex Gen.
Chair Shiraishi stated that the Board is looking at this as he being the owner of Nex Gen
and his work at the County that looks like a conflict of interest in sense that no employee
shall take any official action directly affecting the business or any other undertaking in
which he has a substantial financial interest, but she understands that the service he
Vice Chair Burriss amended her
motion to find a conflict of interest
subject to the following restrictions:
1. Mr. Izumo will proceed in
Board of Ethics Page 5
Open Session
November 20, 2020
SUBJECT DISCUSSION ACTION
would be providing would be a benefit to the County and this could be a situation in
which they could set restrictions to allow him to do both and in terms of providing quotes
and providing parts to the County it was mentioned that anything over $1500 requires
competitive bidding and under that amount there would be an additional bid if Nex Gen
is a bidder. She would note that the Charter Section 23.03A instead of $1500 threshold,
it would have anything over $1000 in this case would have to be competitively bid and
would also add on that things under $1000 would require an additional bid if Nex Gen is
a bidder. Chair Shiraishi also likes that Mr. Izumo would recuse himself from all
responsibility regarding the bidding process and someone else, Mike Tressler, would be
signing, not Mr. Izumo.
Board discussed the amended motion and clarified as noted in numbers 4-6.
Vice Chair Burriss clarified for Mr. Izumo that the work is not being solely by his other
employee it’s just that Mr. Izumo’s participation in the warranty work is going to take
place after County hours. Mr. Izumo confirmed.
Mr. Izumo dropped off the meeting before the final vote. Ms. Ching will call to notify.
Mr. Izumo rejoined the meeting and was notified of the vote.
Vice Chair Burriss thanked Mr. Izumo for information provided and wished him luck.
Mr. Izumo thanked the Board for their time.
accordance with his request
dated October 6, 2020.
2. With regard to any warranty
repairs they will be done off site
and outside of normal County
business hours for Mr. Izumo
and in part done by his
employee subject to his
supervision.
3. With regard to parts, any bids
over $1000 will require
competitive bidding. And
anything under $1000 that
involves Nex Gen will also
require at least one additional
bid in addition to Nex Gen’s,
purchases and procurement of
parts.
Secretary Tudela seconded the
amended motion.
4. Amendment to #3, purchases
equal to or under $1000 that
involves Nex Gen will also
require at least one additional
bid.
5. Amendment adding to #3 that in
regards to parts anything over
$1000 would go through the
normal procurement process.
6. Mr. Izumo will be recuse
himself from authorizing
responsibilities handled by the
Fiscal Management Officer and
Acting Deputy County
Engineer.
Secretary Tudela seconded the
Board of Ethics Page 6
Open Session
November 20, 2020
SUBJECT DISCUSSION ACTION
additional amendments to the
amended motion.
Roll call vote:
Member Toyofuku: Aye,
although on the initial
perception with Nex Gen and
Mr. Izumo’s position there is
a perceived conflict of
interest, but due to special
circumstances: 1. Nex Gen is
the only certified warranty
dealer on the island and there
is obvious benefits to the
County to allow Mr. Izumo
in his position and allow Nex
Gen to possibly bid on parts
and provide warranty service
to the County. Besides the
special circumstances he is
pleased with the conditions
put forth to ensure a fair
bidding and purchasing
process.
Secretary Tudela: Aye, a
conflict is found, in this case
there is a special
circumstance that harms and
benefits the County and with
these restrictions we solve
most issues for the County
and clarify the restrictions on
Mr. Izumo’s responsibility
Board of Ethics Page 7
Open Session
November 20, 2020
SUBJECT DISCUSSION ACTION
and when they should occur
in both jobs.
Vice Chair Burriss: Aye,
there is indeed a conflict, and
is satisfied that with the
restrictions imposed that it is
in the best interest of the
County where as it will save
money, it will save time and
may lead to better trained
employees on the County
level in addition to getting
the service work done
outside of the County
employment.
Member Latkiewicz: Aye,
whether there is a potential
conflict of interest, it has
been thoroughly documented
the processes for insuring
that doing the best can for
the County.
Member Gentry: Aye, understand
that there is a conflict of interest and
is satisfied that the outlines that have
been amended and made the obvious
changes to the commitment and is in
the best interest of the County.
Chair Shiraishi: Aye, while
there is a perception of a
conflict of interest, there are
Board of Ethics Page 8
Open Session
November 20, 2020
SUBJECT DISCUSSION ACTION
mitigating factors, special
circumstances in which Mr.
Izumo’s employment at the
County and his ownership of
Nex Gen will be beneficial to
the County and he’s made it
clear that he’s going to do all
his warranty work on his
own time using his own
resources, not County
resources, and the
Safeguards that is detailed in
his letter and in the motion is
enough to mitigate the ethics
concern.
6 ayes:0 nays
Motion carried
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.
Mr. Fujimoto joined the meeting by telephone.
Chair Shiraishi asked Mr. Fujimoto if he had anything to add other than what he
submitted. He answered that he was available to answer any questions,
Chair Shiraishi asked how the request got routed to the Board of Ethics.
Mr. Fujimoto stated that there is a form requesting outside work, but because he went to
this before he submitted a request to Ellen Ching to forward to the Board of Ethics.
Chair Shiraishi clarified if the request should have been seen by his department first or
could they go ahead with it since the check box at the bottom to forward it to the Board
Board of Ethics Page 9
Open Session
November 20, 2020
SUBJECT DISCUSSION ACTION
was not checked.
Mr. Fujimoto stated that Troy (Tanigawa) is new to this as the Acting County Engineer
and his understanding since going through this previously was that Lyle (Tabata) had
forwarded to the Board for clarification, but it is his understanding that no action was
going to be taken by the department until the Board of Ethics ruled. He’s not sure that
Mr. Tanigawa was aware that he was supposed to forward the form.
Charles Foster, Deputy County Attorney, stated that he saw nothing in the rules that
would prevent the Board from taking action at this time, Rule 5 of the Board of Ethics
Rules and Regulations.
Chair Shiraishi moved forward with discussion and called for a motion.
Secretary Tudela is questioning what is being asked and the form of which it came to the
Board. There was no cover letter to explain.
Chair Shiraishi asked Mr. Fujimoto to explain what he is asking of the Board today.
Mr. Foster stated that the rule states that a request for an advisory opinion is considered
filed when the Board has received in writing all the information deemed necessary by it
to make a proper determination. He further explained that it’s up to the body to
determine if they have the information now, can gather the information by speaking with
the applicant, or want to wait and ask him to provide further information.
Mr. Fujimoto stated that the reason he applied is because he’s interested in providing his
RME services, license to DMK & Associates. He did submit a formal request to his
supervisor who could have ruled yes or no, but because of potential for conflict he
recommended that he apply to the Board of Ethics. Mr. Fujimoto explained that in his
position he regulates permits, road and grading, however his understanding from DMK is
that the projects they would bid would not conflict with his position. DMK is looking at
bidding for private sector as well as State for off island. If a situation of considering a
bidding, he would submit a request to the Board of Ethics regarding a conflict. He
understands that he could recuse himself. They are situations where his supervisor has
done some permitting requirements when he’s not there, so he’s not sure why he
wouldn’t be able to handle projects that he recuse himself from. He prides himself in his
professionalism and would hold the firm to a higher standard if there is a situation of his
Board of Ethics Page 10
Open Session
November 20, 2020
SUBJECT DISCUSSION ACTION
license is involved in a permit or something to be sure that they are not considered for
preferential treatment. Boards approval would be for performing work that would not
conflict with his position.
Chair Shiraishi clarified that Mr. Fujimoto is asking that while employed at Public Works
to also be the RME for DMK and Associates.
Chair Shirishi opened it up for discussion and questions for Mr. Fujimoto.
Member Toyofuku asked Mr. Fujimoto if DMK has any current County contracts.
Mr. Fujimoto believes they do have some contracts but not his jurisdiction, Solid Waste
and Roads Division, but those areas are not within his authority. DMK already has a C
license, his license would add to their ability to expand their services.
Member Toyofuku clarified that Mr. Fujimoto is requesting to be the RME for DMK &
Associates. He clarified that under the state definition the RME is the Responsible
Managing Employee for that entity in its entirety.
Mr. Fujimoto confirmed, but stated that the Statutes states that there could be more than
one RME and stated that the person that currently holds the C license would also be
considered an RME.
Chair Shiraishi questioned that even though there are multiple RMEs, she assumed that
each is responsible for every contract and knowing what is going on at the company at all
times, and it is not that each are responsible for specific projects.
He confirmed that her assumption is correct, and they would be clear who could sign for
each contract and would have to recuse himself for conflict should it come up for review
in the company.
Secretary Tudela remembered that they had a like challenge regarding RME. She
questioned why a second RME is needed.
Mr. Fujimoto stated that the current RME is for a C license. C is a subcontract license.
A subcontractor can only perform their licensed work and he believes up to two other
subcontractors that cannot exceed a certain percentage of the work. With an A license
Secretary Tudela moved for
discussion purposes to find no
conflict. Member Latkiewicz
seconded.
Board of Ethics Page 11
Open Session
November 20, 2020
SUBJECT DISCUSSION ACTION
they could expand their work, he does have an AEC, area could expand to building and
surveying work and give them more flexibility.
Vice Chair Burriss asked if he will be compensated for being the RME, and would he be
compensated per project that he actively manages.
Mr. Fujimoto stated that if he gets the approval he will be compensated by a set salary.
Vice Chair Burriss expressed that she feels that he is going to be the principal RME for
the company, regardless of their being other RMEs at the C level and asked if that leaves
him as the last resort of being in charge of the management.
Mr. Fujimoto stated that she is correct and he would have a huge responsibility to make
sure that the firm is doing everything per contractors’ law.
Secretary Tudela asked if the RME position would also be another full time job, and is
concerned about when he will do work for other company since County position is full
time.
Mr. Fujimoto said that the primary purpose is his license, being able to bid and expand
services. As an RME he would be responsible, but to the level of everyday tasks. He
would be more overview, books are correct based on contracting law. His compensation
is based on up to 10 hours per week and any additional time would require additional
compensation.
Secretary Tudela does not see a compelling reason it should be him. She stated that she
sees a conflict with someone who has responsibility for a company that may or may not
have project with the County is a conflict.
Mr. Fujimoto stated that there will be times when they’ll be a conflict, but it shouldn’t
prevent him from getting this outside work, assuming that there is a condition that the
approval is only if the firm does not secure any work that would be in conflict with his
current position should handle it, but he also feels it would be unfair to him because there
are situations where others with conflict just recuse themselves. In terms of the
Engineering Division he’s only in charge of section within the Division. The firm has
told him that they are willing to use his license only for projects that would not conflict
Board of Ethics Page 12
Open Session
November 20, 2020
SUBJECT DISCUSSION ACTION
with his position.
Chair Shiraishi stated that she is having trouble seeing how an employee of the County
that manages grading and road permits and as an RME he would be responsible for the
entire company regardless of whether they have a project in his purview or not and RME
is responsible for the whole company. She questioned how he can work full-time for the
County in Public Works Engineering Division and DMK also has contracts with the
County whether or not it is in his specific purview at the County.
Mr. Fujimoto stated that if the Board feels that there is a conflict that that should maybe
be the basis of an approval and that they can no longer have any contracts with the
County and then it would be up to them if they still want to use his services. They have
current contracts and they may choose to not use him with that condition. He again
stated that he did not think it would be fair for the Board to say that they cannot do any
contracts with the County because he works for the County. He believes that there are
others that work for other firms that have contracts with the County.
Vice Chair Burriss stated that she does view this as a conflict and as long as they have
County contracts she believes that is the case. She does not feel they are in a position
today to say if they do not have County contracts than approval. She suggested that he
come back at a later date when as, and if they have divested themselves out of County
contracts and can provide assurance that they will not enter into future ones.
Mr. Fujimoto clarified that Vice Chair Burriss is stating that the firm would have to
divest themselves from all County contracts before considering allowing him to work for
them.
Vice Chair Burriss that would be her viewing, but she is only one person on the Board.
Member Toyofuku also sees a conflict in this situation, and shared that the Board has
dealt with RMEs before and they recently revoked a previous opinion allowing a County
employee to be an RME. He was granted an opinion to be an RME with a condition that
the company could not have any contracts with the County of Kauai and it was revoked
because the company later secured contracts with the County later. He shared that there
is precedent.
Board of Ethics Page 13
Open Session
November 20, 2020
SUBJECT DISCUSSION ACTION
Mr. Fujimoto stated that that person was in a position much higher and broader reach and
he was given permission to work as an RME. He has limited authority and they want to
place conditions does not seem fair. He stated that he is willing to do what Board wants.
Member Toyofuku stated that he does not support granting the RME.
Secretary Tudela stated that she would like to remove her motion of no conflict.
Ellen Ching, Boards and Commissions Administrator, clarified that there are three
options: 1. To approve-vote for the motion, 2. To deny-vote against the motion, 3. Defer
and request more information.
Chair Shiraishi asked if anyone felt the need to defer.
Chair Shiraishi called for the vote of motion on the floor of no conflict.
Mr. Fujimoto asked if there was a time where the company did not have any contracts
would the Board consider his request.
Chair Shiraishi stated that he always may return with another request.
Roll Call Vote:
Member Toyofuku: Nay,
from the basics he sees a
potential conflict as being
Responsible Managing
Employee for a contracting
company that already has
current County contracts is
his main concern.
Secretary Tudela: Nay, she
sees inherent conflict here.
Vice Chair Burriss: Nay, the
RME is the last step for
calling the shots in terms of
any function that’s going on
for this company which has
existing contracts, it is an
inherent conflict.
Member Latkiewicz: Nay,
see there is a potential
conflict of interest, and also
nothing has been offered as a
remedy or a possible work
around.
Member Gentry: Nay, sees there are
some conflict of interest with the
request.
Chair Shiraishi: Nay, he is a
full time employee with the
County and wants to be an
RME for a company that
Board of Ethics Page 14
Open Session
November 20, 2020
SUBJECT DISCUSSION ACTION
Mr. Fujimoto engaged the board in a discussion on the results of the motion. He
requested a copy of the decision regarding his last request. Staff will forward the letter
sent to his supervisor with that decision.
already has contracts with
the County and she does not
believe that appropriate
safeguards can be placed to
mitigate the ethics concerns
in this situation.
0 ayes:6 nays
Motion failed
BUSINESS BOE 2020-34 Discussion and possible action regarding the adoption of the Charter
Amendment on Disclosure Statements and next steps.
Ms. Ching suggested that the item be deferred as the election results will be certified on
Monday the 23rd. There are steps to complete such as an ordinance to define regulatory
employees, but any tangible discussion will need to be after certification of election
results.
Chair Shiraishi entertained a motion to defer.
Secretary Tudela moved to defer
BOE 2020-34. Member Toyofuku
seconded.
Voice vote: 6 ayes, 0 nays
Motion carried 6:0
Disclosures Employees:
1. Lee Evslin, Councilmember
Ms. Ching explained that the re-elected Councilmembers will be submitting disclosures
again after they take the oath of office, as they resign.
Councilmember Evslin’s disclosure was resubmitted to clarify his salary at Island School.
Vice Chair Burriss moved to
approve Evslin updated disclosure.
Member Gentry seconded.
Voice vote: 6 ayes, 0 nays
Motion carried 6:0
Motion carried 6: 0
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.
Board of Ethics Page 15
Open Session
November 20, 2020
SUBJECT DISCUSSION ACTION
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).
The Board moved into Executive Session at 4:26 pm
Secretary Tudela moved to go into
executive session at 4:26pm.
Member Gentry seconded.
Voice vote: 6 ayes, 0 nays
Motion carried 6:0
Return to Open
Session
Ratify on Board actions taken in Executive Session. The Board resumed in Open
Session at 4:40 pm
Roll call:
Member Gentry: present
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. Member
Latkiewica seconded.
Voice vote 6 ayes, 0 nays.
Motion carried 6:0
Board of Ethics Page 16
Open Session
November 20, 2020
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
Announcements Next Meeting: TBD
Staff explained that the calendar approved at the beginning of the year did not have a
December meeting.
Board discussed a need for a December meeting and scheduled a meeting for the third
Friday, December 18th at 1:00pm.
Ms. Ching clarified that if Special Counsel Ando contacts staff in the next week an
earlier date will be coordinated and the December 18 meeting cancelled.
Adjournment Without objection, the meeting
adjourned at 4:46pm.
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Jun 11 King Kamehameha I Day
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