HomeMy WebLinkAboutBOE_2021_0416_Notice_Agenda-Packet.pdfBOARD OF ETHICS RYAN de la PENA, MEMBER KELLY GENTRY, MEMBER DEAN TOYOFUKU, MEMBER
SUSAN BURRISS, CHAIR MIA SHIRAISHI, VICE CHAIR JOHN LATKIEWICZ, SECRETARY
REGULAR MONTHLY TELECONFERENCE MEETING NOTICE AND AGENDA
Friday, April 16, 2021
1:00 p.m. or shortly thereafter
Microsoft Teams Audio: + 1 469-848-0234, Conference ID: 726185312#
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 March 19, 2021
PUBLIC TESTIMONY
COMMUNICATION
BOE 2021-11 Possible conflict of interest and recusal dated March 29, 2021, from
Council Chair Arryl Kaneshiro relating to Bill No. 2818, the Mayor's
proposed Operating Budget for Fiscal Year 2021-2022 - appropriations for
Grove Farm Company, Inc.
BOE 2021-12 Possible conflict of interest and recusal dated March 29, 2021, from
Council Chair Arryl Kaneshiro relating to Bill No. 2818, the Mayor's
proposed Operating Budget for Fiscal Year 2021-2022 - appropriations for
Kaua'i Soil Conservation.
BOE 2021-13 Possible conflict of interest and recusal dated March 29, 2021, from
Councilmember KipuKai Kuali'i relating to Bill No. 2818, the Mayor's
proposed Operating Budget for Fiscal Year 2021-2022 - appropriation for
Sexual Assault/Domestic Violence Community Program.
BOE 2021-14 Possible conflict of interest and recusal dated March 29, 2021, from
Councilmember Mason Chock relating to Bill No. 2818, the Mayor's
proposed Operating Budget for Fiscal Year 2021-2022 - appropriation for
Leadership Development & Training.
PAGE 2 BOARD OF ETHICS – April 16, 2021
REQUEST FOR AN ADVISORY OPINION
None
BUSINESS
BOE 2021-15 Discussion and update regarding the Permitted Interaction Group (PIG).
The purpose of the Permitted Interaction Group (PIG) is to recommend
an ordinance defining regulatory employees required to submit a
disclosure statement.
DISCLOSURES
None
EXECUTIVE SESSION
ES-005 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
March 19, 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-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
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.
PAGE 3
BOARD OF ETHICS – April 16, 2021
ES-007: BOE 2021-16 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 March 16, 2021,
charging that an employee or officer of the County has breached
the Code of Ethics as set forth in the Kaua’i County Charter
section 20.01, Standards of Conduct.
RETURN TO OPEN SESSION
Ratify on Board actions taken in Executive Session.
ANNOUNCEMENTS
Next Meeting: Friday, May 21, 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.
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.
PAGE 4
BOARD OF ETHICS – April 16, 2021
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 Meeting
OPEN SESSION
.
Board/Commission: BOARD OF ETHICS Meeting Date March 19, 2021
Location Teleconference Start of Meeting: 1:01 p.m. End of Meeting: 2:03 p.m.
Present Chair Susan Burriss, Vice Chair Mia Shiraishi, Secretary John Latkiewicz. Members: Ryan de la Pena, Kelly Gentry, Dean Toyofuku,
Mary Tudela.
Also: Deputy County Attorney Charles Foster. Boards & Commissions Office Staff: Administrator Ellen Ching and
Administrative Specialist Anela Segreti.
Excused Deputy County Attorney Aaron Larrimore
Absent
SUBJECT DISCUSSION ACTION
Call To Order Prior to the start of the meeting, the Board welcomed Ryan de la Pena as their newest
Board Member.
Chair Burriss called the meeting
to order at 1:01 p.m.
Roll call:
Member de la Pena: present
Member Gentry: present
Member Toyofuku: present
Member Tudela: present
Secretary Latkiewicz:present
Vice Chair Shiraishi: present
Chair Burriss: present
Seven members present,
which constituted a quorum.
Approval of
Minutes
Open Session Minutes of February 19, 2021
Member Tudela moved to approve
the minutes of February 19, 2021 as
submitted. Vice Chair Shiraishi
seconded.
Voice Vote:
7 ayes, 0 nays
Motion carried 7:0
Board of Ethics Page 2
Open Session
March 19, 2021
SUBJECT DISCUSSION ACTION
Public Testimony None
Communication BOE 2021-09 2020 Kauai Lobbyist Contributions & Expenditures Statement dated
March 11, 2021 and 2021 Kauai Lobbyist Registration dated March 12, 2021 received
from David Arakawa.
Vice Chair Shiraishi moved to
receive BOE 2021-09. Member
Gentry seconded.
Voice Vote:
7 ayes, 0 nays
Motion carried 7:0
Request for
Advisory Opinion
None
Business BOE 2021-10 Discussion and possible action regarding establishing and defining the
scope of a Permitted Interaction Group (PIG). The purpose of the Permitted Interaction
Group (PIG) would be to recommend an ordinance defining regulatory employees
required to submit a disclosure statement.
Chair Burriss asked for volunteers to serve on the Permitted Interaction Group (PIG).
Member Latkiewicz dropped from meeting at 1:07pm, rejoined at 1:09pm
Member de la Pena dropped from meeting at 1:09pm, rejoined at 1:16pm
Chair Burriss clarified with Administrator Ching on how PIG will be convened and how
many members need to be on the PIG, three (3) or less.
Chair Burriss suggested a group of three (3) and named members de la Pena, Gentry and
Secretary Latkiewicz.
Administrator Ching clarified that a motion is needed to form PIG, name members and
define the scope.
In addition Administrator Ching explained that just defining regulatory employees is not
Member Tudela moved to form
Permitted Interaction Group (PIG)
with Members Ryan de la Pena,
Kelly Gentry and Secretary John
Latkiewicz. Member Toyofuku
seconded.
Voice Vote:
7 ayes, 0 nays
Motion carried 7:0
Member Tudela moved that the
scope of PIG is to draft an
ordinance defining “regulatory
employees” required to submit a
disclosure statement. Vice Chair
Shiraishi seconded.
Member Tudela amended her
motion and moved that the scope of
Board of Ethics Page 3
Open Session
March 19, 2021
SUBJECT DISCUSSION ACTION
the end. There are additional steps that needs to be done for the ordinance to enacted and
codified in the County Code of Ordinances. She stated that the PIG would be working
with Deputy County Attorney Foster on this.
Deputy County Attorney Foster suggested leaving discretion with the PIG in terms of
how they want to proceed.
Chair Burriss asked Boards & Commissions staff to contact PIG members and schedule
meeting and for an update at the next meeting.
PIG is to draft an ordinance
defining “regulatory employees”
required to submit a disclosure
statement and to design the process
for implementation. Vice Chair
Shiraishi re-seconded the amended
motion.
Voice Vote:
7 ayes, 0 nays
Motion carried 7:0
Disclosures Volunteers:
1. Susan Remoaldo, Kauai Historic Preservation Review
Commission
2. Ryan de la Pena, Board of Ethics
Member de la Pena recused himself from #2, Ryan de la Pena.
Member Tudela moved to approve
#1. Member Gentry seconded.
Voice Vote:
7 ayes, 0 nays
Motion carried 7:0
Member Toyofuku moved to
approve #2. Secretary Latkiewicz
seconded.
Voice Vote:
6 ayes, 0 nays, 1 recused
Motion carried 6:0
Executive Session ES-005 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 February 19, 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-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
Board of Ethics Page 4
Open Session
March 19, 2021
SUBJECT DISCUSSION ACTION
officer of the County has breached 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.
The Board moved into Executive Session at 1:26
Secretary Latkiewicz moved to go
into executive session at 1:26 pm.
Vice Chair Shiraishi seconded.
Voice Vote:
7 ayes, 0 nays
Motion carried 7:0
Return to Open
Session
The Board resumed in Open
Session at 2:00 p.m.
Roll call:
Member de la Pena: present
Member Gentry: present
Member Toyofuku: present
Member Tudela: present
Secretary Latkiewicz:present
Vice Chair Shiraishi: present
Chair Burriss: present
Seven members present, which
constituted a quorum.
Ratify on Board actions taken in Executive Session. Secretary Latkiewicz moved to
ratify actions taken in Executive
Session. Member de la Pena
seconded.
Board of Ethics Page 5
Open Session
March 19, 2021
SUBJECT DISCUSSION ACTION
Voice vote:
7 ayes, 0 nays
Motion carried 7:0
Announcements Chair Burriss announced that it was Member Tudela’s last meeting, stating that she will
be missed.
Member Tudela thanked the Board stating that it’s been a pleasure working with
wonderful people in dealing with sensitive topics with grace, and wished everyone well.
Board members stated thanks. Administrator Ching also thanked Member Tudela for
her service.
Next Meeting: Friday, April 16, 2021 at 1:00pm
Adjournment Member Tudela moved to adjourn
the meeting Member de la Pena
seconded.
Voice vote:
7 ayes, 0 nays
Motion carried 7:0
Meeting adjourned at 2:03 p.m.
Submitted by: Reviewed and Approved by:
Anela Segreti, Administrative Specialist Susan Burriss, Chair
( ) Approved as circulated.
( ) Approved with amendments. See minutes of
OFFICE OF THE COUNTY CLERKCOUNTYCOUNCIL
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
LThu’e,Kaua’i,Hawai’i 96766
MEMORANDUM
March 29,2021
TO:Members of the Kaua’i County Council
FROM:Arryl Kaneshiro, Council Chair
RE:POSSIBLE CONFLICT OF INTEREST RELATING TO
BILL NO.2818,THE MAYOR’S PROPOSED OPERATING
BUDGET FOR FISCAL YEAR 2021-2022 -APPROPRIATIONS
FOR GROVE FARM COMPANY,INC.
Pursuant to Section 20.04(B)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 Bill No. 2818,the Mayor’s
Proposed Operating Budget for Fiscal Year 2021-2022 regarding any applicable
appropriation to Puhi Metals Recycling —Soil Testing General Liabilities in the
Department of Finance —Administration and any applicable 800 MHz Radio Site
Lease appropriation in the Emergency Management Agency,as I am a Project
Manager employed by Grove Farm Company,Inc.
In light of the above,I will recuse myself from the aforementioned items
during the Fiscal Year 2021-2022 Departmental Budget Reviews,Budget
Call-Backs,and Decision-Making,related to these items,and any subsequent
meeting thereafter related to these items.
Should you have any questions,please feel free to contact me.Thank you for
your attention to this matter.
JA:jy
cc:April 7,2021 Council Meeting Agenda
County of Kaua’i Board of Ethics
Council Services Staff
Fiscal Year 2021-2022 Budget File
AN EQUAL OPPORTUNITY EMPLOYER
BOE 2021-11
OFFICE OF THE COUNTY CLERKCOUNTYCOUNCIL
Arryl Kaneshiro,Chair
Mason K.Chock,Vice Chair Jade K.Fountain-Tanigawa,County Clerk
Bernard P.Carvaiho,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
LThu’e,Kaua’i,Hawai’i 96766
MEMORANDUM
March 29,2021
TO:Members of the Kaua’i County Council
FROM:Arryl Kaneshiro, Council Chair
RE:POSSIBLE CONFLICT OF INTEREST RELATING TO
BILL NO.2818,THE MAYOR’S PROPOSED OPERATING
BUDGET FOR FISCAL YEAR 2021-2022 -APPROPRIATIONS
FOR KAUA’I SOIL CONSERVATION
Pursuant to Section 20.04(B)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 Bill No. 2818,the Mayor’s
Proposed Operating Budget for Fiscal Year 2021-2022 regarding the appropriation
to Kaua’i Soil Conservation in the Department of Public Works —Grant-In-Aid,as I
am a Director for the East Kaua’i Soil & Water Conservation District.
In light of the above,I will recuse myself from the aforementioned items
during the Fiscal Year 2021-2022 Departmental Budget Reviews,Budget
Call-Backs,and Decision-Making,related to these items,and any subsequent
meeting thereafter related to these items.
Should you have any questions,please feel free to contact me.Thank you for
your attention to this matter.
JA:jy
cc:April 7,2021 Council Meeting Agenda
County of Kaua’i Board of Ethics
Council Services Staff
Fiscal Year 2021-2022 Budget File
AN EQUAL OPPORTUNITY EMPLOYER BOE 2021-12
COUNTY COUNCIL OFFICE OF THE COUNTY CLERK
Arryl Kaneshiro,Chair
Mason K.Chock,Vice Chair Jade K.Fountam-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
LThu’e,Kaua’i,Hawai’i 96766
MEMORANDUM
March 29,2021
TO:Arryl Kaneshiro, Council Chair
and Members of the Kaua’i County Council
FROM:KipuKai Kuali’i,Councilmember
RE:POSSIBLE CONFLICT OF INTEREST RELATING TO
BILL NO.2818,THE MAYOR’S PROPOSED OPERATING
BUDGET FOR FISCAL YEAR 2021-2022 -APPROPRIATION
FOR SEXUAL ASSAULT I DOMESTIC VIOLENCE COMMUNITY
PROGRAM
Pursuant to Section 20.04(B)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 Bill No.2818,the Mayor’s
Proposed Operating Budget for Fiscal Year 2021-2022 regarding the appropriation
to Sexual Assault/Domestic Violence Community Program in the Office of Economic
Development —Administration,as I am the Director of Operations for the YWCA.
The YWCA may be a potential applicant for these funds.
In light of the above,I will recuse myself from the aforementioned items
during the Fiscal Year 2021-2022 Departmental Budget Reviews,Budget
Call-Backs,and Decision-Making,related to these items,and any subsequent
meeting thereafter related to these items.
Should you have any questions,please feel free to contact me.Thank you for
your attention to this matter.
JA:dmc
cc:April 7,2021 Council Meeting Agenda
County of Kaua’i Board of Ethics
Council Services Staff
Fiscal Year 202 1-2022 Budget File
AN EQUAL OPPORTUNITY EMPLOYER BOE 2021-13
BOE 2021-14