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Home My WebLink AboutBOE_2021_0115_Agenda_Packet 2.pdf BOARD OF ETHICS KELLY GENTRY, MEMBER DEAN TOYOFUKU, MEMBER MARY TUDELA, MEMBER SUSAN BURRISS, CHAIR MIA SHIRAISHI, VICE CHAIR JOHN LATKIEWICZ, SECRETARY REGULAR MONTHLY TELECONFERENCE MEETING NOTICE AND AGENDA Friday, January 15, 2021 1:00 p.m. or shortly thereafter Microsoft Teams Audio: + 1 469-848-0234, Conference ID: 546 362 69# 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 December 11, 2020 PUBLIC TESTIMONY COMMUNICATION REQUEST FOR AN ADVISORY OPINION RAO 2021-01 Request for an Advisory Opinion from Michael Contrades received January 4, 2021 relating to an offer of a part-time position as the Kaua'i Field Representative for Congressman-Elect Kaiali'i Kahele while also employed as a contract hire. RAO 2021-02 Request for an Advisory Opinion from Ka'aina Hull received January 5, 2021 relating to an outside employment offer to be the Kaua'i Field Representative for the Office of Senator Brian Schatz. 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, 12/11/2020). BOE 2020-37 Discussion and possible action regarding Advisory Opinion in response to RAO 2020-05. PAGE 2 BOARD OF ETHICS – JANUARY 15, 2021 DISCLOSURES Employees: 1. Mason Chock, Councilmember 2. Felicia Cowden, Councilmember 3. Bill DeCosta, Councilmember 4. Luke Evslin, Councilmember 5. Arryl Kaneshiro, Councilmember 6. KipuKai Kuali’i, Councilmember 7. Bernard Carvalho Jr., Councilmember 8. Jade Fountain-Tanigawa, County Clerk 9. Scott Sato, Deputy County Clerk 10. Laura Barzilai, Deputy County Attorney 11. Rebecca Like, Second Deputy Prosecuting Attorney 12. Jennifer Winn, Deputy Prosecuting Attorney 13. Kimberly Torigoe, Deputy Prosecuting Attorney 14. Keola Siu, Deputy Prosecuting Attorney 15. Katherine Caswell, Deputy Prosecuting Attorney 16. Justin Kollar, Prosecuting Attorney 17. Anne Clarkin, Deputy Prosecuting Attorney 18. Tyler Saito, Deputy Prosecuting Attorney 19. Tracy Murakami, Deputy Prosecuting Attorney 20. Michelle Lizama, Deputy Director of Finance 21. Cecilio Balaris Jr., Liquor Control Acting Director 22. Nalani Brun, Office of Economic Development Director 23. Sarah Blane, Chief of Staff 24. Todd Dickenson, Deputy Prosecuting Attorney 25. Matthew Arakawa, Deputy Prosecuting Attorney 26. Michael Gibson, Deputy Fire Chief 27. Leon Davenport III, Deputy Prosecuting Attorney 28. Henry Ross III, Deputy Prosecuting Attorney 29. Jeen Hee Kwak Pang, Deputy Prosecuting Attorney Volunteers: 30. Marissa Sandblom, Charter Review Commissioner 31. Laurie Yoshida, Salary Commissioner 32. Kenneth Rainforth, Police Commissioner 33. Dean Toyofuku, Board of Ethics Member EXECUTIVE SESSION ES-035 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 December 11, 2020, and to consult with its attorney on issues PAGE 3 BOARD OF ETHICS – JANUARY 15, 2021 pertaining to the Board’s powers, duties, privileges, immunities, and /or liabilities as they may relate to this item. ES-036: 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, February 19, 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. PAGE 4 BOARD OF ETHICS – JANUARY 15, 2021 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 OR OTHER ACCOMMODATION 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. Vice Chair Burriss corrected page 11, fourth paragraph, line two, “their” should be “there”. Page 12, third full paragraph, line three, “then approved” should be “then the Board would approve”. Page 12, fifth paragraph, “viewing” should be “view”. Chair Shiraishi corrected page 3, second to the last paragraph, “now” should be “not”. He is also going to “change” should be “train”. Page 8 last full paragraph, Mr. Fujimoto stated …but because he went “to”… should be “through”. Vice Chair Burriss moved to approve the minutes as amended. Secretary Tudela seconded. Voice Vote: 5 ayes, 0 nays Motion carried 5:0 Public Testimony None No action. Communication None No action. Request for an Advisory Opinion None No action. 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). Ms. Ching informed the Board that the certification of the ballot questions has been received and they can move forward with this item. She suggested starting with drafting the ordinance to adopt definition of regulatory employees. Chair Shiraishi asked the Board if they want to defer to next meeting. Board discussed deferring to January meeting with Mr. Ching and Mr. Foster to give Deputy County Attorney to prepare. Secretary Tudela moved to defer BOE 2020-34 to the next meeting. Member Tudela seconded. Voice Vote: 5 ayes, 0 nays Motion carried 5:0 Board of Ethics Page 2 Open Session December 11, 2020 SUBJECT DISCUSSION ACTION BOE 2020-35 Discussion and possible action regarding Advisory Opinion in response to RAO 2020-02. Board reviewed the opinion for Mr. Courson prepared by Mr. Foster. No action. BOE 2020-36 Discussion and possible action regarding Advisory Opinion in response to RAO 2020-04. Board reviewed the opinion for Mr. Izumo prepared by Mr. Foster, noted correction made by Chair Shiraishi regarding purchases of less than or equal to $1000 as previously discussed. No action. BOE 2020-37 Discussion and possible action regarding Advisory Opinion in response to RAO 2020-05. Mr. Foster presented additional information he read in the Hawaii Administrative Rules regarding RME responsibilities of an entire company. He stated that A company may have more than one RME, and one is assigned as the principal RME, and other is subordinate RME. Mr. Fujimoto represented that the company has a C licensed RME and Mr. Fujimoto has an A and C license. He presumes that the company wants him for his A license. It would be possible that he is the subordinate RME and would be responsible for only the projects under his license. Chair Shiraishi asked for questions or need to go into Executive Session. Mr. Foster stated that there is no need to go into Executive Session. Vice Chair Burriss asked if the request should be revisited or is it still appropriate to have him on as a subordinate RME if he is employed as an RME and company is still accepting County contracts. Mr. Foster answered that if members’ votes were contingent on him being the principal No action. Board of Ethics Page 3 Open Session December 11, 2020 SUBJECT DISCUSSION ACTION RME and having oversite over the whole company than they may want to revisit and ask him questions. If they have other reasons that outweigh this than there is nothing more to discuss with him. Board members discussed that though this is a consideration it does not change their votes. Member Toyofuku stated that for him it doesn’t matter, for one he has both an A and C license. Board would need to assume that the entity would assign Mr. Fujimoto A as a subordinate, but what if the company gets a County contract involving an A license, then he would be the primary RME on that contract. Member Toyofuku recalled a former opinion that they approved with the condition of no contracts with the County of Kauai and then had to revoke because the company did get contracts. He also stated that DMK, the company Mr. Fujimoto would be employed by has current contracts with the County. If they go back and revisit they will revisit every detail on every aspect and every precedence set before. Secretary Tudela, Vice Chair Burriss and Member Latkiewicz all agreed with Member Toyofuku. Chair Shiraishi also agreed and stated it does not change his mind whether he is primary or subordinate RME. BOE 2020-38 Review and possible approval of meeting schedule for 2021. Board reviewed calendar in the packet. Vice Chair Burriss moved to approve the meeting schedule for 2021. Member Toyofuku seconded. Voice Vote: 5 ayes, 0 nays Motion carried 5:0 BOE 2020-39 Election of Chair, Vice Chair and Secretary for Calendar Year 2021. Congratulations to Chair Elect Burriss, Vice Chair Elect Shiraishi and Secretary Elect Latkiewicz. Member Toyofuku moved to nominate Sue Burriss for Chair, John Latkiewicz for Secretary and Mia Shiraishi for Vice Chair. Secretary Tudela seconded. Voice Vote: 5 ayes, 0 nays Motion carried 5:0 Board of Ethics Page 4 Open Session December 11, 2020 SUBJECT DISCUSSION ACTION Disclosures None No action. Board discussed if there is a need for Charlie to attend executive session. He does not need to be present for approval of executive session minutes. Item to be discussed will be staffed by Special Counsel Nadine Ando. Mr. Foster will be available if needed. Mr. Foster left the meeting at 1:50pm 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, 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. The Board moved into Executive Session at 1:52 pm Vice Chair Burriss moved to go into executive session at 1:52pm. Secretary Tudela seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 Return to Open Session The Board resumed in Open Session at 3:18 pm Roll call: Member Gentry: excused 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 Page 5 Open Session December 11, 2020 Submitted by: Reviewed and Approved by: Anela Segreti, Administrative Specialist Susan Burriss, Chair ( ) Approved as circulated. ( ) Approved with amendments. See minutes of SUBJECT DISCUSSION ACTION Ratify on Board actions taken in Executive Session. Vice Chair Burriss moved to ratify actions taken in Executive Session. Secretary Tudela seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 Announcements Next Meeting: Friday, January 15, 2021 at 1:00pm Adjournment Without objection, the meeting adjourned at 3:19pm. Sec. 3-1.9 Requirements of Disclosure. (a)The Mayor, Councilpersons, all department heads and deputies, members of boards and commissions and the purchasing administrator, and any employee delegated or authorized to act on behalf of the Director of Finance and the Deputy Director of Finance in their absence shall, within thirty (30) days of assuming office, file with the Board of Ethics a list of all real property within the County in which he or she has any right, title or interest; a list of all business firms which contract for County business in which he or she has interest; all places of employment, including part-time employment; and 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. Amendments to the list, including additions, deletions or changes in title, interest in property or of employment, shall be made within thirty (30) days of the occurrence of the amendment. The list shall be a matter of public record. (b)All candidates for elective office shall, within seven (7) days of filing nomination papers, file with the Board of Ethics a list of all real property within the County in which he or she has any right, title or interest; a list of all business firms which contract for County business in which he or she has any interest; all places of employment, including part-time employment; and 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. Amendments to the list, including additions, deletions or changes in title, interest in property or of employment shall be made within seven (7) days of the occurrence of the amendment. The list shall be a matter of public record. (c)The Board of Ethics shall prescribe the form or forms to be executed and shall fix the date when the initial disclosure must be filed. (d)Any Councilmember who has a financial interest in any proposed legislation before the Council shall disclose on the record of the Council the nature and extent of the interest. (e)Any employee who has a financial interest in any proposed legislative action of the Council and who participates in discussion with or gives an official opinion or recommendation to the Council shall disclose on the record of the Council the nature and extent of the interests. (f)In addition to the non-compulsory meetings that can be called by the chairman or by a majority of the Board of Ethics there shall be one (1) compulsory meeting of the Board of Ethics that shall be held annually on a date designated by the Board of Ethics for the purpose of reviewing and verifying all disclosure forms to insure that they have been kept current and that any modifications thereon have been duly recorded. (g)Any violation of any of the provisions of this Section shall, at the option of the Director of Finance, render forfeit and void the contract, work, business, sale or transaction affected. Any violation of any of the provisions of this Section shall constitute cause for fine, suspension or removal from office or employment. (Ord. No. 142, May 7, 1969; Sec. 25, C.O. 1971; Sec. 3-1.9, R.C.O. 1976; Ord. No. 387, June 26, 1980; Ord. No. 956, August 28, 2013) BOE 2020-34