HomeMy WebLinkAboutBOE_2021_0618_Notice_Agenda_Packet a.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, June 18, 2021
1:00 p.m. or shortly thereafter
Microsoft Teams Audio: + 1 469-848-0234, Conference ID: 41360321#
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, 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 May 21, 2021
PUBLIC TESTIMONY
None
COMMUNICATION
None
REQUEST FOR AN ADVISORY OPINION
None
BUSINESS
BOE 2021-19 Discussion on the recommendations of the Permitted Interaction Group
(PIG) on an ordinance defining regulatory employees who are required to
submit a disclosure statement.
BOE 2021-20 Election of two members to represent the Board of Ethics regarding the
proposed ordinance defining regulatory employees required to submit a
disclosure statement and other related matters.
DISCLOSURES
Employee:
1.Ernest Barreira, Department of Finance, Division of Purchasing
2.Boyd Gayagas, Deputy County Engineer
3.Leo Sandoval, Director of Liquor Control Department
PAGE 2
BOARD OF ETHICS – June 18, 2021
EXECUTIVE SESSION
ES-010 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 May
21, 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.
RETURN TO OPEN SESSION
Ratify on Board actions taken in Executive Session.
ANNOUNCEMENTS
Next Meeting: Friday, July 16, 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: Aaron Larrimore, 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
PAGE 3
BOARD OF ETHICS – June 18, 2021
Prior to the Day of the Meeting: Testimony may be emailed: asegreti@kauai.gov, 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 Meeting
OPEN SESSION
.
Board/Commission: BOARD OF ETHICS Meeting Date May 21, 2021
Location Teleconference Start of Meeting: 1:04 p.m. End of Meeting: 1:39 p.m.
Present Chair Susan Burriss, Vice Chair Mia Shiraishi, Secretary John Latkiewicz. Members: Ryan de la Pena, Kelly Gentry, Dean Toyofuku.
Also: Deputy County Attorney Aaron Larrimore. Boards & Commissions Office Staff: Administrator Ellen Ching and
Administrative Specialist Anela Segreti.
Excused
Absent
SUBJECT DISCUSSION ACTION
Call To Order Chair Burriss called the meeting
to order at 1:04 p.m.
Roll call:
Member de la Pena: present
Member Gentry: present
Member Toyofuku: present
Secretary Latkiewicz:present
Vice Chair Shiraishi: present
Chair Burriss: present
Six members present, which
constituted a quorum.
Approval of
Minutes
Open Session Minutes of April 16, 2021
Chair Burriss received the minutes
as presented.
Board of Ethics Page 2
Open Session
May 21, 2021
SUBJECT DISCUSSION ACTION
Public Testimony None
Communication BOE 2021-17 Possible conflict of interest dated April 12, 2021, from Councilmember
Felicia Cowden regarding C 2021-87 and ES-1050 on the April 7, 2021 Council meeting
agenda.
Chair Burriss noted that there was no offer to recuse in this particular correspondence
before the Board voted.
Member de la Pena moved to
receive BOE 2021-17. Member
Gentry seconded.
Voice Vote:
6 ayes, 0 nays
Motion carried 6:0
BOE 2021-18 Possible conflict of interest and recusal dated April 27, 2021, from
Councilmember KipuKai Kuali'i relating to Bill No. 2818, the Mayor's proposed
Operating Budget for Fiscal Year 2021-2022 - appropriation for Transit Outreach
Programs.
Secretary Latkiewicz moved to
receive BOE 2021-18. Member de
la Pena seconded.
Voice Vote:
6 ayes, 0 nays
Motion carried 6:0
Request for
Advisory Opinion
None
Business BOE 2021-15 Update and presentation on the recommendations of the Permitted
Interaction Group (PIG) on an ordinance defining regulatory employees required to
submit a disclosure statement and other related matters.
Chair Burriss thanked the PIG for the report and stated that it was well put together. She
asked what would be the next action.
Ellen Ching, Administrator, stated that as indicated in the report, the PIG met on May 5,
2021 and provided the Board with the report and attachments. She explained that the
Board could only provide the Board with the packet and that Member Gentry is the
spokesperson for the PIG. At next month’s meeting the Board may discuss the report and
take action. This month is just the presentation, report and recommend.
Member Gentry explained that the PIG was able to meet and look at what other County’s
No Action
Board of Ethics Page 3
Open Session
May 21, 2021
SUBJECT DISCUSSION ACTION
use and what came together was put into the report.
Ms. Ching explained that the PIG is still working on timing with consultation from the
Deputy County Attorney, and that next month will be discussion on the recommendations
to include timing and what action to take. She also recognized the work that Deputy
County Attorney Larrimore did on this item.
Councilmember Felicia Cowden commented that she wanted to learn about what the
Board is working on, as she has some ideas on disclosure as well. She went on the
website and because it is a public agenda item she thought that it would be discussed or
in the agenda packet. She asked how she can learn, and questioned that it should have
been in the agenda packet.
Chair Burriss explained that the Board did receive it ‘till the last minute and asked if
Councilmember Cowden could receive a copy.
Ms. Ching replied that a copy of the report would be sent to the Councilmember. Ms.
Ching explained that her interpretation of the PIG is that they can only report after
meeting and then at the next meeting there can be discussion. She deferred to the Deputy
County Attorney for more input and clarification.
Councilmember Cowden stated that she sent an email forward. She hopes to get it sooner
rather than later as they are working on this issue, and the board may doing exactly what
they are thinking may be good, and there won’t have some parallel working.
Chair Burriss stated that Ms. Ching or Ms. Segreti will send a copy of the report. She
asked that if Councilmember Cowden or her group have items to raise concerning the
report that they give the Board abundant notice before the next meeting.
Councilmember Cowden stated that it will be great and welcomed and why she got on
meeting today.
Board of Ethics Page 4
Open Session
May 21, 2021
SUBJECT DISCUSSION ACTION
Disclosures Employees:
1. Stephen Hall, Deputy County Attorney
2. Michael Dahilig, Managing Director
Volunteers:
3. Gerald Ako, Planning Commission-Labor
4. Lorna Nishimitsu, Liquor Control Commission
5. Erica Taniguchi, Public Access, Open Space and Natural
Resources Preservation Fund Commission
Chair Burriss asked if there was any comments or concerns regarding the submitted
disclosures.
Vice Chair Shiraishi asked what Section II of #2’s disclosure said?
Ms. Segreti read Section II stating that self-employment is 100% and no work is within
Kauai County.
Chair Burriss entertained a motion to approve disclosures 1-5 as a group.
Secretary Latkiewicz moved to
approve disclosures 1-5 as a group.
Member de la Pena seconded.
Voice Vote:
6 ayes, 0 nays
Motion carried 6:0
Executive Session ES-006 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 April 16, 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
Board of Ethics Page 5
Open Session
May 21, 2021
SUBJECT DISCUSSION ACTION
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.
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.
ES-009: BOE 2021-19 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
response to 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.
The Board moved into Executive Session at 1:24pm
Vice Chair Shiraishi moved to go
into executive session at 1:24 pm.
Member Gentry seconded.
Voice Vote:
6 ayes, 0 nays
Motion carried 6:0
Return to Open
Session
The Board resumed in Open
Session at 1:37 p.m.
Roll call:
Member de la Pena: present &
affirm
Member Gentry: present & affirm
Member Toyofuku: present
& affirm
Secretary Latkiewicz:
present & affirm
Vice Chair Shiraishi: present
Board of Ethics Page 6
Open Session
May 21, 2021
SUBJECT DISCUSSION ACTION
& affirm
Chair Burriss: present &
affirm
Six members present, which
constituted a quorum.
Ratify on Board actions taken in Executive Session. None
Announcements Next Meeting: Friday, June 18 , 2021 at 1:00pm
Member Gentry and Member Latkiewicz informed the Board that they will not be
present at the next scheduled meeting.
Chair suggested that the PIG agenda item may need to be moved as two members will
not be available.
Adjournment Hearing no objections Chair Burriss
adjourned the meeting at 1:39 p.m.
Submitted by: Reviewed and Approved by:
Anela Segreti, Administrative Specialist Susan Burriss, Chair
( ) Approved as circulated.
( ) Approved with amendments. See minutes of
May 5, 2021
Board of Ethics
Permitted Interaction Group (PIG) Disclosure Report
PIG Commission members: Kelly Gentry, Ryan de la Pena, John Latkiewicz,
Staff: Aaron Larrimore, Ellen Ching, Anela Segreti
Task: The PIG was assigned to provide the following:
1. Draft an ordinance defining “regulatory employees” required to submit a disclosure statement.
2. Design the process for the implementation of the charter amendment.
Background:
The first Statewide Ethics Conference was held on September 5, 2019 and was attended by the previous Chair
and Vice Chair of the Board of Ethics, Dean Toyofuku, Mia Shiraishi and Anela Segreti. One of the ideas they
brought back from the conference was the concept of widening the number of county employees required to
file an ethics disclosure to include “regulatory employees”. Based on this the Board of Ethics, proposed a
charter amendment that was adopted in 2020. The amendment is as follows:
20.04. Disclosure.
A. The mayor, councilpersons, [all department heads and deputies,] managing director, heads and
deputies of all departments, agencies, and divisions, members of boards and commissions, 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] regulatory employees shall within
thirty days of assuming office, file with the board a list of all real property within the county in which
such person has any right, title, or interest, a list of all business firms which contract for county
business in which such person has any interest, and all of such person’s places of employment,
including part-time employment, 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 days of the
occurrence of the amendment. The list shall be a matter of public record [,]; provided that the lists of
regulatory employees shall not be open to public inspection.
Subsequently, on March 19, 2021, the Board adopted a motion to form this PIG. The PIG met on May 5, 2021
and reviewed the disclosure requirements of the other counties, a draft from the Human Resources
department of the positions that are equivalent to Hawaii county’s ordinance and a draft ordinance.
Based on this the PIG is offering the following recommendations:
1. Adopt the proposed draft ordinance (Attachment #1) which is based on Hawaii County’s ordinance and
incorporates the list of positions from HR. (See Attachment #1 - Ramseyer version, Attachment #2 -
redline version)
Attachment #2 – Redline version
ORDINANCE NO. ____________ BILL NO. _____________
A BILL FOR AN ORDINANCE AMENDING CHAPTER 3,
KAUA‘I COUNTY CODE 1987, AS AMENDED,
RELATING TO FINANCIAL DISCLOSURES
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUA‘I, STATE OF HAWAI‘I:
SECTION 1. Findings and purpose. The Council finds that a range of important government operations are conducted by employees working underneath the Mayor and department heads and deputies. These employees are engaged in sensitive matters involving the administration of County business and the determination of compliance with County law and rules. These employees historically have not been required to file financial disclosures with the Board of Ethics under Chapter 3, Section 3-1.9(a), Kaua’i County Code 1987, as amended. The Council finds that a Charter Amendment was duly adopted on November 3, 2020, that broadened the classes of employees required to file financial disclosures with the Board of Ethics to include the Managing Director, the heads of agencies and divisions, and regulatory employees. The Council finds that Chapter 3, Kaua’i County Code 1987, as amended, must be amended in order to conform to the Charter Amendment adopted in November 2020. Furthermore, the Council finds that the term “regulatory employees” should be defined in the Kaua‘i County Code to provide clarity and certainty on which employees shall be required to file financial disclosures. The purpose of this Ordinance is to amend Chapter 3, Sections 3-1.2 and 3-1.9(a), Kaua’i County Code 1987, as amended, to conform to the County Charter and to define the regulatory employees required to file financial disclosures with the Board of Ethics.
SECTION 2. Chapter 3, Section 3-1.2, Kaua’i County Code 1987, as amended, is hereby amended by inserting, alphabetically, a definition for the following term: “’Regulatory Employee’ means
(1) Supervisors of inspectors employed by the departmentDepartment of public worksPublic Works;
Attachment #2 – Redline version
(2) Inspectors employed by the departmentDepartment of public worksPublic Works;
(3) Supervisors of liquor control investigators;
(4) Liquor control investigators;
(5) ;Buyers and purchasing agents;
(6) Supervisors of real property tax appraisers;
(7) Real property tax appraisers;
(8) Supervisors of planners or inspectors employed by the planning departmentPlanning Department;
(9) Planners employed by the planning department;
(10)(9) Supervisors of inspectors employed by the department of water supply;Planning Department;
(10) Inspectors employed by the departmentPlanning Department;
(11) Supervisors of fire prevention inspectors;
(12) Fire prevention inspectors;
(13) Supervisors of housing quality standards inspectors;
(14) Housing quality standards inspectors;
(15) Supervisors of water supply;motor vehicle inspectors;
(16) Motor vehicle inspectors;
(17) Supervisors of inspectors employed by the Department of Water Supply;
(11)(18) Inspectors employed by the Department of Water Supply;
(12)(19) The County Auditor”;
(20) Auditors employed by the County Auditor; and
(21) Analysts employed by the County Auditor.” SECTION 3. Chapter 3, Section 3-1.9(a), Kaua’i County Code 1987, as amended, is hereby amended to read as follows: “(a) The Mayor, Councilpersons,[ all department heads and deputies,] Managing Director, heads and deputies of all departments, agencies, and divisions, 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] regulatory employees 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,
Attachment #2 – Redline version
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[.]; provided that the lists of regulatory employees shall not be open to public inspection.” SECTION 4. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. SECTION 5. Material to be repealed is bracketed. New material is underscored. When revising, compiling, or printing this Ordinance for inclusion in the Kaua‘i County Code 1987, as amended, the brackets, bracketed material, and underscoring need not be included. SECTION 5. This Ordinance shall take upon its approval. Introduced by: COUNCILMEMBER NAME DATE OF INTRODUCTION: Līhu‘e, Kaua‘i, Hawai‘i
Attachment #1 – Ramseyer version
ORDINANCE NO. ____________ BILL NO. _____________
A BILL FOR AN ORDINANCE AMENDING CHAPTER 3,
KAUA‘I COUNTY CODE 1987, AS AMENDED,
RELATING TO FINANCIAL DISCLOSURES
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUA‘I, STATE OF HAWAI‘I:
SECTION 1. Findings and purpose. The Council finds that a range of important government operations are conducted by employees working underneath the Mayor and department heads and deputies. These employees are engaged in sensitive matters involving the administration of County business and the determination of compliance with County law and rules. These employees historically have not been required to file financial disclosures with the Board of Ethics under Chapter 3, Section 3-1.9(a), Kaua’i County Code 1987, as amended. The Council finds that a Charter Amendment was duly adopted on November 3, 2020, that broadened the classes of employees required to file financial disclosures with the Board of Ethics to include the Managing Director, the heads of agencies and divisions, and regulatory employees. The Council finds that Chapter 3, Kaua’i County Code 1987, as amended, must be amended in order to conform to the Charter Amendment adopted in November 2020. Furthermore, the Council finds that the term “regulatory employees” should be defined in the Kaua‘i County Code to provide clarity and certainty on which employees shall be required to file financial disclosures. The purpose of this Ordinance is to amend Chapter 3, Sections 3-1.2 and 3-1.9(a), Kaua’i County Code 1987, as amended, to conform to the County Charter and to define the regulatory employees required to file financial disclosures with the Board of Ethics.
SECTION 2. Chapter 3, Section 3-1.2, Kaua’i County Code 1987, as amended, is hereby amended by inserting, alphabetically, a definition for the following term: “’Regulatory Employee’ means
(1) Supervisors of inspectors employed by the Department of Public Works;
(2) Inspectors employed by the Department of Public Works;
Attachment #1 – Ramseyer version
(3) Supervisors of liquor control investigators;
(4) Liquor control investigators;
(5) Buyers and purchasing agents;
(6) Supervisors of real property tax appraisers;
(7) Real property tax appraisers;
(8) Supervisors of planners or inspectors employed by the Planning Department;
(9) Planners employed by the Planning Department;
(10) Inspectors employed by the Planning Department;
(11) Supervisors of fire prevention inspectors;
(12) Fire prevention inspectors;
(13) Supervisors of housing quality standards inspectors;
(14) Housing quality standards inspectors;
(15) Supervisors of motor vehicle inspectors;
(16) Motor vehicle inspectors;
(17) Supervisors of inspectors employed by the Department of Water Supply;
(18) Inspectors employed by the Department of Water Supply;
(19) The County Auditor;
(20) Auditors employed by the County Auditor; and
(21) Analysts employed by the County Auditor.” SECTION 3. Chapter 3, Section 3-1.9(a), Kaua’i County Code 1987, as amended, is hereby amended to read as follows: “(a) The Mayor, Councilpersons,[ all department heads and deputies,] Managing Director, heads and deputies of all departments, agencies, and divisions, 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] regulatory employees 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[.]; provided that the lists of regulatory employees shall not be open to public inspection.”
Attachment #1 – Ramseyer version
SECTION 4. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. SECTION 5. Material to be repealed is bracketed. New material is underscored. When revising, compiling, or printing this Ordinance for inclusion in the Kaua‘i County Code 1987, as amended, the brackets, bracketed material, and underscoring need not be included. SECTION 5. This Ordinance shall take upon its approval. Introduced by: COUNCILMEMBER NAME DATE OF INTRODUCTION: Līhu‘e, Kaua‘i, Hawai‘i