HomeMy WebLinkAboutBOE_2021_0219_Notice_Agenda Packet.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, February 19, 2021
1:00 p.m. or shortly thereafter
Microsoft Teams Audio: + 1 469-848-0234, Conference ID: 585 876 016#
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 January 8, 2021
Open Session Minutes of January 15, 2021
PUBLIC TESTIMONY
COMMUNICATION
BOE 2021-01 Possible conflict of interest and recusal dated January 19, 2021, from
Councilmember Mason Chock regarding ES-1040 relating to the
utilization of the Public Access, Open Space, Natural Resources
Preservation Fund for the acquisition of real property for land
conservation purposes.
BOE 2021-02 Possible conflict of interest and recusal dated January 19, 2021, from
Councilmember Luke Evslin regarding ES-1040 relating to the utilization
of the Public Access, Open Space, Natural Resources Preservation Fund
for the acquisition of real property for land conservation purposes.
BOE 2021-03 Letter from County Clerk Jade Fountain-Tanigawa dated February 1, 2021
regarding the 2020 County of Kaua'i Lobbyist Registration.
REQUEST FOR AN ADVISORY OPINION
None
PAGE 2
BOARD OF ETHICS – February 19, 2021
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, 1/15/2021).
BOE 2021-04 Review and discussion of Advisory Opinion in response to RAO 2021-01.
BOE 2021-05 Review and discussion of Advisory Opinion in response to RAO 2021-02.
DISCLOSURES
Employees:
1. Tyler Saito, Deputy Prosecuting Attorney
Volunteers:
2. Fely Faulkner, Civil Service Commissioner
3. Leland Kahawai, Liquor Control Commissioner
4. Kenneth Rainforth, Salary Commissioner
5. Beth Tokioka, Civil Service Commissioner
6. Dean Pigao, Police Commissioner
EXECUTIVE SESSION
ES-001 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
January 8, 2021 and January 15, 2021, 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-002: BOE 2021-06 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 resolution of Complaint No. 20-001 and other related
matters.
ES-003: BOE 2021-07 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 a notarized formal complaint received February 2, 2021,
charging that an employee or officer of the County has a conflict
of interest related to the Anahola Hawaiian Homes Association.
ES-004: BOE 2021-08 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 a notarized formal complaint received February 8, 2021,
charging that an employee or officer of the County has breached
PAGE 3
BOARD OF ETHICS – February 19, 2021
the Code of Ethics as set forth in the Kaua’i County Charter
section 20.02 B, 20.02 E and 20.02 F.
No officer or employee of the county shall:
B. Disclose information which, by law or practice, is not available
to the public and which the officer or employee acquires in the
course of the officer or employee’s official duties or use such
information for the officer or employee’s personal gain or for the
benefit of anyone.
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.
RETURN TO OPEN SESSION
Ratify on Board actions taken in Executive Session.
ANNOUNCEMENTS
Next Meeting: Friday, March 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.
PAGE 4
BOARD OF ETHICS – February 19, 2021
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 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.
COUNTY OF KAUAI
Minutes of
Special Meeting
OPEN SESSION
Board/Commission: BOARD OF ETHICS Meeting Date January 8, 2021
Location Teleconference Start of Meeting: 1:00 p.m. End of Meeting: 1:49 p.m.
Present Chair Susan Burriss, Vice Chair Mia Shiraishi, Secretary John Latkiewicz. Members: Dean Toyofuku. Mary Tudela
Also: Special Counsel Nadine Ando, Boards & Commissions Office Staff: Administrator Ellen Ching and Administrative
Specialist Anela Segreti.
Excused Kelly Gentry
Absent
SUBJECT DISCUSSION ACTION
Call To Order Chair Burris called the meeting to
order at 1:00 p.m.
Roll call:
Member Gentry: excused
Member Toyofuku: present
Member Tudela present
Secretary Latkiewicz:present
Vice Chair Shiraishi: present
Chair Burriss: present
Five members present, which
constituted a quorum.
Board of Ethics
Open Session
January 8, 2021
Page 2
SUBJECT DISCUSSION ACTION
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.
Chair Burriss entertained a motion to move into Executive Session.
The Board moved into Executive Session at 1:03 pm.
Vice Chair Shiraishi moved to go
into executive session. Secretary
Latkiewicz seconded.
Voice vote 5 ayes, 0 nays.
Motion carried 5:0
Return to Open
Session
Ratify on Board actions taken in Executive Session The board resumed in Open Session
at 1:41 pm
Roll Call:
Member Gentry: excused
Member Toyofuku: present
Member Tudela present
Secretary Latkiewicz:present
Vice Chair Shiraishi: present
Chair Burriss: present
Five members present, which
constituted a quorum.
Member Tudela moved to ratify
decisions made in Executive
Session. Vice Chair Shiraishi
seconded.
Voice vote 5 ayes, 0 nays.
Motion carried 5:0
Board of Ethics
Open Session
January 8, 2021
Page 3
SUBJECT DISCUSSION ACTION
Announcements Next Meeting: Tuesday, January 15, 2021 – 1:00p.m., Teleconference
Adjournment Without objection Chair Burriss
adjourned the meeting at 1:49 p.m.
Submitted by: Reviewed and Approved by:
Anela Segreti, Administrative Specialist Susan Burriss, Chair
( ) Approved as circulated.
( ) Approved with amendments. See minutes of
COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
.
Board/Commission: BOARD OF ETHICS Meeting Date January 15, 2021
Location Teleconference Start of Meeting: 1:02 p.m. End of Meeting: 2:27 p.m.
Present Chair Susan Burriss, Vice Chair Mia Shiraishi, Secretary John Latkiewicz. Members: Kelly Gentry, Dean Toyofuku, Mary Tudela.
Also: Deputy County Attorney Charles Foster. Boards & Commissions Office Staff: Administrator Ellen Ching and
Administrative Specialist Anela Segreti. Requestors: Michael Contrades, Ka’aina Hull.
Excused
Absent
SUBJECT DISCUSSION ACTION
Call To Order Member Gentry joined the meeting at 1:12pm due to technical issues. Chair Burriss called the meeting
to order at 1:02 p.m.
Roll call:
Member Gentry: tardy
Member Toyofuku: present
Member Tudela: present
Secretary Latkiewicz:present
Vice Chair Shiraishi: present
Chair Burriss: present
Five members present, which
constituted a quorum.
Approval of
Minutes
Open Session Minutes of December 11, 2020
Secretary Latkiewicz corrected at the bottom of pg. 2, “Mr. Foster to give
Deputy County Attorney “to” prepare, should be “time to prepare.” Continuing
on page 2, third section, “He stated that “A” should be “a” company may have
more. Top of page 3, If they have other reasons that outweigh this “than”,
should be “then”.
Member Tudela corrected on page 2, Tudela motioned and seconded.
Secretary Latkiewicz moved to
approve the minutes as amended.
Member Tudela seconded.
Voice Vote:
5 ayes, 0 nays
Motion carried 5:0
Board of Ethics Page 2
Open Session
January 15, 2021
SUBJECT DISCUSSION ACTION
Public Testimony None
Communication None
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.
Member Tudela asked if Mr. Contrades knew when his contract will end and how many
hours he works.
Mr. Contrades stated that his contract currently ends in April, he is aware there is more
work but it is up to the County if he will continue. He currently works 40 hours/week,
and takes off as needed.
Member Tudela asked Mr. Foster and Ms. Ching regarding conflicts relative to
campaigns, but is not sure if it is relevant to County employment.
Mr. Foster stated that there are no restrictions relative to this request. He researched
other counties and state ethic. State ethics said that it is not an unusual case and should
be dealt with like other employment issues. He stated that it is unrelated to campaign
issues.
Member Tudela clarified that if there is a finding of no conflict would they need to make
it clear that campaigning is not allowed.
Mr. Foster stated that it’s at the Boards discretion to place any limitations, but it is not
part of his request.
Member Toyofuku confirmed with Mr. Foster that he could not find any previous
precedence and as far as the County Charter and Ethics Rules there is no ethical
concerns. He further stated that he is comfortable with approving, Mr. Contrades, as Mr.
Member Tudela moved to approve
RAO 2021-01 for discussion. Vice
Chair Shiraishi seconded.
Board of Ethics Page 3
Open Session
January 15, 2021
SUBJECT DISCUSSION ACTION
Contrades has spoken to the Mayor and HR and they have no issues with it and is
supportive. He also noted the response from the Federal Ethics with three conditions as
well as Congressman Kahale’s understanding under those conditions. He understands
that he will have to follow all federal rules and guidelines so is not concerned with the
campaigning.
Chair Burriss entertained a motion.
Vice Chair Shiraishi thanked Mr. Contrades for providing the Board with information
that the Board would want. She also appreciated that he stated that he will not engage in
Federal work on County time and will recuse himself or seek Board clarification should a
conflict arise along with the three conditions from Federal Ethics.
Vice Chair Shiraishi moved to find
no conflict. Member Toyofuku
seconded.
Voice Vote:
6 ayes, 0 nays
Motion carried 6:0
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.
Chair Burriss entertained a motion to receive or find no conflict.
The Board did not have any questions for Mr. Hull.
Chair Burriss entertained a motion to find no conflict.
Member Toyfuku stated that the request is similar to Mr. Contrades request except for a
U.S. Senator and he also has the Mayor and Managing Director’s support. He wanted to
make it clear that Mr. Hull will take his own personal time to conduct his duties as liaison
for Senator Schatz.
Mr. Hull stated that he will take vacation when he has to take meetings or when the
Senatir visits.
Member Toyofuku pointed out that this is a similar situation to Mr. Izumo and for the
record having Mr. Contrades and Mr. Hull as liaisons for a Congressman and a Senator
on paper may be or will be a benefit to the County of Kauai.
Mr. Hull responded to concerns of campaigning activities. He stated that the Federal
Secretary Latkiewicz moved to
receive RAO 2021-02 for
discussion. Member Tudela
seconded.
Voice Vote:
6 ayes, 0 nays
Motion carried 6:0
Board of Ethics Page 4
Open Session
January 15, 2021
SUBJECT DISCUSSION ACTION
Standards are stricter than State and County standards, and that when campaigns occur at
the Federal level salaried staff cannot take part in the campaign. He noted that staff may
take leave away from the office to participate, but that he will not be participating with
the campaign.
Member Tudela moved to find no
conflict. Vice Chair Shiraishi
seconded.
Voice Vote:
6 ayes, 0 nays
Motion carried 6:0
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).
Ms. Ching suggested asking for a motion to defer due to length of agenda.
Chair Burriss entertained a motion to defer.
Vice Chair Shiraishi moved to defer
BOE 2020-34. Secretary
Latkiewicz seconded.
Voice Vote:
6 ayes, 0 nays
Motion carried 6:0
BOE 2020-37 Discussion and possible action regarding Advisory Opinion in response
to RAO 2020-05.
For review only.
No action.
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
Board of Ethics Page 5
Open Session
January 15, 2021
SUBJECT DISCUSSION ACTION
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
Members noted that Tyler Saito is incomplete, position left blank and no source of
income.
Secretary Latkiewicz is concerned about the use of abbreviations and incompleteness of
positions being completely filled in. Board discussed enlarging that section to the
electronic form, and ask for acronyms to be spelled out.
Secretary Latkiewicz noted that Kenneth Rainforth’s income includes his wife’s.
Secretary Latkiewicz moved to
approve #1-#17 inclusive and #19-
#31 inclusive. Member Tudela
seconded.
Voice Vote:
6 ayes, 0 nays
Motion carried 6:0
Board of Ethics Page 6
Open Session
January 15, 2021
SUBJECT DISCUSSION ACTION
Board discussed whether more information is a problem, as well as breaking out Stocks
and Bonds and specifying brokerage firm, assets manager versus the income of each,
pension, stocks and bonds.
Chair Burriss entertained a motion to send back anything that is not submitted by
category.
Ms. Ching deferred to Mr. Foster regarding the motion and that it is a policy and is not
an agenda item.
Mr. Foster stated that it can be a part of discussion but no action can be taken.
Chair Burriss entertained a motion to approve 1 - 17 inclusive and 19-31 inclusive and
33. Vice Chair Shiraishi pointed that Member Toyofuku’s needs to be separate.
Board recessed from 1:57pm-2:02pm
Secretary Latkiewicz moved to
approve #33. Vice Chair Shiraishi
seconded.
Voice Vote:
5 ayes, 0 nays
Motion carried 5:0:1
Member Toyofuku abstained
Member Tudela moved to return
#18 for occupation and source of
income. Secretary Latkiewicz
seconded.
Voice Vote:
6 ayes, 0 nays
Motion carried 6:0
Secretary Latkiewicz moved to
return #32 for clarification on his
own income, independent, and
sources of income broken down.
Vice Chair Shiraishi seconded.
Voice Vote:
6 ayes, 0 nays
Motion carried 6:0
Board of Ethics Page 7
Open Session
January 15, 2021
SUBJECT DISCUSSION ACTION
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
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.
The Board moved into Executive Session at 1:52 pm
Member Toyofuku moved to go
into executive session at 2:02pm.
Member Tudela seconded.
Voice vote:
6 ayes, 0 nays
Motion carried 6:0
Return to Open
Session
The Board resumed in Open
Session at 2:23pm
Roll call:
Member Gentry: present
Member Toyofuku: present
Member Tudela: present
Secretary Latkiewicz:present
Vice Chair Shiraishi: present
Chair Burriss: present
Six members present, which
constituted a quorum.
Board of Ethics Page 8
Open Session
January 15, 2021
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. Member Tudela moved to ratify
actions taken in Executive Session.
Secretary Latkiewicz seconded.
Voice vote:
6 ayes, 0 nays
Motion carried 6:0
Announcements Next Meeting: Friday, February 19, 2021 at 1:00pm
Adjournment Vice Chair Shiraishi moved to
adjourn the meeting Member Gentry
seconded.
Voice vote:
6 ayes, 0 nays
Motion carried 6:0
Meeting adjourned at 2:27pm.
COUNTY COUNCIL
Arryl Kaneshiro, Chair
Mason K. Chock. Vice Chair
Bemard P. Carvalho, Jr.
Felicia Cowden
Bill DeCosta
Luke A. Evslin
KipuKai Kuali'i
OFFICE OF TIIE COLN.TY CLERK
Telephone: (E08)241-4188
Facsimile: (808)241-6349
E-mail: cokcouncil@kauai.gov
TO
Council Services Division
4396 Rice Street. Suite 209
Lihu'e, Kaua'i, Hawai'i 96766
flEAlrEo
JAN 22 2021
aoAmtE cor..sgoi.s
January 19,2O2l
ArryI Kaneshiro, Council Chair
and Members of the Kaua'i County Council
FROM: Mason K. Chock, Councilmember
RE:
Pursuant to Section 20.04(8) of the Kaua'i County Charter, Section 3-1.9 of
the Kaua'i County Code 1987, as amended, and Rule No. 8 of the Rules of the
Council ofthe County of Kaua'i, I hereby provide written disclosure on the record of
a possible conflict of interest relating to ES- 1040, relating to the utilization of Public
Access, Open Space, Natural Resources Preservation Fund for the acquisition of
real property for Iand conservation purposes, as I was recently on the Board of
Directors for Milama Hule'ia who act as stewards of the land in Hule'ia, which is on
the Public Access, Open Space, Natural Resources Preservation Fund Commission's
list for potential acquisitions.
Out of an abundance ofcaution, I will recuse myself from the aforementioned
item at the January 21, 2027 Special Council Meeting and any subsequent
meetings.
AAO:mn
cc: January 27,2021Council Meeting Agenda
County of Kaua'i Board of Ethics
Council Services Staff
AN EQUAL OPPORTTJMTY EMPLOYER
Jade K. Fountain-Tanigawa, Counry Clerk
Scort K. Sato. Deputy County Clerk
MEMORANDUM
POSSIBLE CONFLICT OF INTEREST REGARDING ES-1040
RELATING TO THE UTILIZATION OF THE PUBLIC ACCESS,
OPEN SPACE, NATURAL RESOURCES PRESERVATION
FUND FOR THE ACQUISITION OF REAL PROPERTY FOR
LAND CONSERVATION PURPOSES
Should you have any questions, please feel free to contact the Office of the
County Clerk, Council Services Division, at 24I-4I88.
BOE 2021-01
COUNTY COUNCIL
Arryl Kaneshiro, Chair
Mason K. Chock. Vice Chair
Bemard P. Carvalho. Jr.
Felicia Cowden
Bill DeCosta
Luke A. Evslin
KipuKai Kuali'i
Couocil Services Division
4396 Rice Street. Suite 209
Lihu'e, Kaua'i, Haw al'i 96'166
January 19, 2021
ArryI Kaneshiro, Council Chair
and Members of the Kaua'i County Council
OI.'FICE OF THE COL NT}' CLERI(
Jade K. Fountain-Tanigawa, County Clerk
Scott K. Sato, Deputy County Clerk
TO
FROM: Luke A. Evslin, Councilmember (--.
RE:POSSIBLE CONFLICT OF INTEREST REGARDING ES-1040
RELATING TO THE UTILIZATION OF THE PUBLIC ACCESS,
OPEN SPACE, NATURAL RESOURCES PRESERVATION
FUND FOR THE ACQUISITION OF REAL PROPERTY FOR
LAND CONSERVATION PURPOSES
Pursuant to Section 20.04(8) of the Kaua'i County Charter, Section 3-1.9 of
the Kaua'i County Code 1987, as amended, and Rule No. 8 of the Rules of the
Council of the County of Kaua'i, I hereby provide written disclosure on the record of
a possible conflict of interest relating to ES-1040, relating to the utilization of the
Public Access, Open Space, Natural Resources Preservation Fund for the
acquisition of real property for land conservation purposes, as I was recently on the
Board of Directors for Malama Hule'ia who act as stewards of the land in Hule'ia,
which is on the Public Access, Open Space, Natural Resources Preservation Fund
Commission's list for potential acquisitions.
Out of an abundance of caution, I will recuse myself from the aforementioned
item at the January 21, 2021 Special Council Meeting and any subsequent
meetings.
Should you have any questions, please feel free to contact the Office of the
County Clerk, Council Services Division, at 241-4188.
AAO:lc
cc: January 27,2O2l Council Meeting Agenda
,zfovfiy of Kaua'i Board of Ethics
Council Services Staff
1/
I
AN EQUAL OPPORTTINITY EMPLOYER
MEMORANDUM
Telephone: (808)241-4188
Facsimile: (808)241-6349
E-mail: cokcouncil@kauai.gov
IEOEl\'EO
JAN 2 2 2021
BSR08 & C(x ,66tO S
BOE 2021-02
AN EQUAL OPPORTUNITY EMPLOYER
COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro, Chair
Mason K. Chock, Vice Chair Jade K. Fountain-Tanigawa, County Clerk
Bernard P. Carvalho, Jr. Scott K. Sato, Deputy County Clerk
Felicia Cowden
Bill DeCosta
Luke A. Evslin Telephone: (808) 241-4188
KipuKai Kuali‘i Facsimile: (808) 241-6349
E-mail: cokcouncil@kauai.gov
Council Services Division
4396 Rice Street, Suite 209
Līhu‘e, Kaua‘i, Hawai‘i 96766
February 1, 2021
Susan Burriss, Chair
and Members of the Board of Ethics
c/o Office of Boards & Commissions
4444 Rice Street, Suite 150
Līhu‘e, Hawai‘i 96766
Dear Chair Burriss and Members of the Board of Ethics:
RE: 2020 COUNTY OF KAUA‘I LOBBYIST REGISTRATION
Ordinance No. 999, Relating to the Registration of Lobbyists was adopted by
the Council of the County of Kaua‘i on second and final reading on March 23, 2016
and approved by the Mayor on March 30, 2016. Pursuant to Ordinance No. 999, all
lobbyists must file a Lobbyist Registration Statement with the Office of the County
Clerk, as early as possible, but no later than five (5) days after engaging in lobbying.
Lobbyists must also file a Lobbyist Contributions & Expenditures Statement on or
before January 31st of each year, which shall cover the period from January 1 st
through December 31st of the previous year.
This letter is to notify you that as of December 31, 2020, the following lobbyists
have submitted their Lobbyist Registration Statement and remain active:
1.ARAKAWA, David (Land Use Research Foundation of Hawai‘i)
2.BELLES, Michael J. (Hawai‘i Electrician’s Market Enhancement Program)
3.BELLES, Michael J. (Island School)
4.BELLES, Michael J. (PRW Princeville Development Company LLC)
5.BELLES, Michael J. (CIRI Land Development Company)
6.BRODY, Bev (Get Fit Kaua‘i / Hawai‘i Public Health Institute)
7.BUKOSKI, Kika G. (Plumber and Fitters UA Local 675)
8.CLAY, Murray Richard (Ulupono Initiative)
9.COOKE, Jesse K. (Ulupono Initiative)
10. COX, John (Kaua‘i Island Utility Cooperative)
11. DELAUNAY, Christopher M. (Pacific Resource Partnership)
12. DEMELLO, Keith Anthony (Ulupono Initiative)
13. FREDERICK, Anne C. (Hawai‘i Alliance for Progressive Action (H.A.P.A.))
14. GAUG, Kevan Greg (Ulupono Initiative)
BOE 2021-03
Susan Burriss, Chair
and Members of the Board of Ethics
Re: 2020 County of Kaua‘i Lobbyist Registration
February 1, 2021
Page 2
15. GRAHAM JR., Max W.J. (Lorence H. Leight and Brit Momaday -Leight,
Trustees)
16. GRAHAM JR., Max W.J. (PRW Princeville Development Company LLC)
17. HENNESSEY, Amy Melinda (Ulupono Initiative)
18. HOLLAND, Fern Anuenue (Hawai‘i Alliance for Progressive Action
(H.A.P.A.))
19. JUNG, Ian Kawika (Hawai‘i Electrician’s Market Enhancement Program)
20. JUNG, Ian Kawika (PRW Princeville Development Company LLC)
21. KENT, Joseph (Grassroot Institute of Hawai‘i)
22. KINNEY, Nathaniel Keoki (Hawai‘i Construction Alliance)
23. KOBAYASHI, Ryan (Hawai‘i Laborers’ Union)
24. MIDDLEBROOK, Matthew (Airbnb, Inc.)
25. MUNEKATA, Micah-Seth K. (Ulupono Initiative)
26. PERRIELLO, Mark L. (Kaua‘i Chamber of Commerce)
27. PRATT, David W. (Island School)
28. RIETOW, Allan S. (The Nature Conservancy)
29. ROONEY, Kathleen King (Ulupono Initiative)
30. SAIKI, Valerie Kei (Hawai‘i Public Health Institute)
31. SOQUENO, Eugene Paul (Hawai‘i Building & Construction Trades
Council)
32. THONGSAVAT, Adam (Airbnb, Inc.)
33. TOKIOKA, Beth (Kaua‘i Island Utility Cooperative)
As of the date of this letter, the following lobbyists have not submitted their
2020 Lobbyist Contributions & Expenditures Statement:
1. ARAKAWA, David (Land Use Research Foundation of Hawai‘i)
All Statements are considered public record and are posted on the Council’s
website at www.kauai.gov/Council/LobbyistRegistration.
Should you have any questions, please feel free to contact the Office of the
County Clerk, Council Services Division at 241-4188.
Sincerely,
JADE K. FOUNTAIN-TANIGAWA
County Clerk, County of Kaua‘i
cc: Ellen Ching, Boards & Commissions Administrator
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