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HomeMy WebLinkAbout2020_0721_BOE OP Minutes APPROVED COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as circulated 08/10/2020. Board/Commission: BOARD OF ETHICS Meeting Date July 21, 2020 Location Teleconference Start of Meeting: 1:12 p.m. End of Meeting: 3:19 p.m. Present Chair Mia Shiraishi, Vice Chair Susan Burriss,. Members: John Latkiewicz, Dean Toyofuku. Also: Deputy County Attorney Charles Foster. Boards & Commissions Office Staff: Administrator Ellen Ching and Administrative Specialist Anela Segreti. Excused Secretary Mary Tudela Absent SUBJECT DISCUSSION ACTION Call To Order Chair Shiraishi called the meeting to order at 1:12 p.m. Roll call: Member Latkiewicz: present Member Toyofuku: present Secretary Tudela: excused Vice Chair Burriss: present Chair Shiraishi: present Four members present, which constituted a quorum. Approval of Minutes Open Session Minutes of June 9, 2020 Chair Shiraishi entertained a motion to approve the minutes of June 9, 2020. Member Toyofuku moved to approve the minutes of June 9, 2020. Member Latkiewicz seconded. Voice vote: 4 ayes, 0 nays Motion carried 4:0 Board of Ethics Open Session July 21, 2020 Page 2 SUBJECT DISCUSSION ACTION Open Session Minutes of June 16, 2020 Chair Shiraishi noted that on page 3 the date that Secretary Tudela can not attend meeting says July 22, 2020 and should be July 21, 2020. The headers on the minutes of June 16 have June 9. Vice Chair Burriss moved to approve Open Session Minutes of June 16, 2020 as amended. Member Toyofuku 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 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. Ellen Ching notified the Board that the County is moving back to a 5-8 schedule. There was discussion to move the meeting to the second Monday of the month. We are able to now return to third Friday of the month. Members stated that they were available either day, Vice Chair Burriss prefers Friday. They asked that Secretary Tudela be contacted and asked if she is okay with moving back to the third Friday of the month. Vice Chair Burriss moved that the meetings return to the third Friday of the month with Secretary Tudela’s approval starting August 21, 2020. Member Latkiewicz seconded. Voice vote: 4 ayes, 0 nays Motion carried 4:0 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. Members and staff discussed how to treat this agenda item. Discussion of keeping the August 10 date and go to third Friday starting September. Member Latkiewicz moved to approve to meet on August 10, 2020 at 1:00 pm. Vice Chair Burriss seconded. Voice vote: 4 ayes, 0 nays Motion carried 4:0 Board of Ethics Open Session July 21, 2020 Page 3 SUBJECT DISCUSSION ACTION Disclosures Vice Chair Burriss asked to take a recess to review the disclosures. Recess: 1:29 pm – 1:34 pm Employees: 1. Adam Roversi, Housing Director Candidates: 2. Jade Battad, Candidate for County Council 3. Bernard Carvalho, Jr., Candidate for County Council No items addressed for the three disclosures. Chair Shiraishi asked about Candidate Yago’s disclosure. Staff explained that it had not been sent to him as there was no contact information and it was suggested to send it to the County Clerk. Staff will send it this week. Ms. Ching explained that a memo has been sent to the County Clerk regarding candidates that did not file disclosures. Member Toyofuku moved to approve disclosures 1, 2, & 3. Member Latkiewicz seconded. Voice vote: 4 ayes, 0 nays Motion carried 4:0 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 June 9, 2020 Executive Session Minutes of June 16, 2020 Board of Ethics Open Session July 21, 2020 Page 4 SUBJECT DISCUSSION ACTION 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. The Board moved into Executive Session at 1:40 pm Member Toyofuku moved to go into executive session. Member Latkiewicz 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 2:40 p.m. Vice Chair Burriss moved to ratify decisions made in Executive Session. Member Latkiewicz seconded. Voice vote 5 ayes, 0 nays. Motion carried 5:0 Announcements Next Meeting: Monday, August 10, 2020 – 1:00 p.m., Teleconference Board of Ethics Open Session July 21, 2020 Page 5 SUBJECT DISCUSSION ACTION Adjournment Without objection the meeting was adjourned at 3:19 p.m. Submitted by: Reviewed and Approved by: Anela Segreti, Administrative Specialist Mia Shiraishi, Chair ( X ) Approved as circulated. ( ) Approved with amendments. See minutes of .