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BOARD 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, July 16, 2021
1:00 p.m. or shortly thereafter
Microsoft Teams Audio: + 1 469-848-0234, Conference ID: 63395163#
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
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.
APPROVAL OF MINUTES
Open Session Minutes of June 18, 2021
PUBLIC TESTIMONY
None
COMMUNICATION
None
REQUEST FOR AN ADVISORY OPINION
None
DISCLOSURES
Employee:
1. Boyd Gayagas, Deputy County Engineer
2. Hugo Cabrera, Deputy County Attorney
PAGE 2
BOARD OF ETHICS – July 16, 2021
Volunteer:
3. Catherine Adams, Police Commission
4. Tess Shimabukuro, Liquor Control Commission
5. V. Pamai Cano, Civil Service Commission
EXECUTIVE SESSION
ES-011 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 June
18, 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.
PAGE 3
BOARD OF ETHICS – July 16, 2021
WRITTEN TESTIMONY
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 June 18, 2021
Location Teleconference Start of Meeting: 1:00 p.m. End of Meeting: 1:22 p.m.
Present Chair Susan Burriss, Vice Chair Mia Shiraishi. Members: Ryan de la Pena, Dean Toyofuku.
Also: Deputy County Attorney Aaron Larrimore. Boards & Commissions Office Staff: Administrator Ellen Ching and
Administrative Specialist Anela Segreti.
Excused Secretary John Latkiewicz, Member Kelly Gentry,
Absent
SUBJECT DISCUSSION
ACTION
Call To Order Chair Burriss called the meeting to
order at 1:00 p.m.
Roll call:
Member de la Pena: present
Member Gentry: excused
Member Toyofuku: present
Secretary Latkiewicz:excused
Vice Chair Shiraishi: present
Chair Burriss: present
Four members present, which
constituted a quorum.
Approval of
Minutes
Open Session Minutes of May 21, 2021
Vice Chair Shiraishi suggested that the third paragraph on page 3, “not”
should be inserted before “receive” in the sentence, Chair Burriss explained
theat the Board did “not” recive it…
Chair Burriss suggested that “till” be changed to “until” in the same
sentence. On page 2 she suggested change “Board could only provide the
Board” to “PIG could only provide the Board” in the second paragraph.
Board of Ethics Page 2
Open Session
June 18, 2021
SUBJECT DISCUSSION ACTION
Also the last line of that same paragraph, “County’s” should be “Counties”.
On page 3 last sentence, “Councilmember Cowden stated that it “will” should
be “would” be great and welcomed and why she got on insert “the” meeting
today.”
Chair Burriss entertained to approve the minutes as amended.
Vice Chair Shiraishi moved to
approve the minutes as amended.
Member de la Pena seconded.
Voice Vote: 4 ayes, 0 nays.
Motion carried 4:0
Public Testimony None
Communication None
Request for
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.
Chair Burriss asked Administrator Ching to clarify the process.
Ms. Ching stated that the process would be for the Board to have a discussion and
approve, reject or amend. She suggested that because two members of the PIG are
excused today, the Board may want to defer to the next meeting when they are present.
Member de la Pena moved to defer
BOE 2021-19 to the next meeting.
Member Toyofuku seconded.
Voice Vote: 4 ayes, 0 nays.
Motion carried 4:0
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.
Chair Burriss stated that since they will not be approving the ordinance today and a
nominee may include one or more of the absentees, she entertained a motion to defer.
Member de la Pena moved to defer
BOE 2021-20 to the next meeting.
Vice Chair Shiraishi seconded.
Voice Vote: 4 ayes, 0 nays.
Motion carried 4:0
Board of Ethics Page 3
Open Session
June 18, 2021
SUBJECT DISCUSSION ACTION
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
Chair Burriss asked for comments on #1. No responses.
Chair Burriss asked for comments on #2. She commented that his County position was
not listed in Section III.
Member de la Pena suggested that it be returned for information on County employment
and income.
Chair Burriss questioned need for description of “Beef Brothers”. Vice Chair Shiraishi
stated that though she doubts Beef Brothers has anything to do with his County
employment, but since returning for employment and income, should ask him to
describe his “Beef Brothers” business.
Chair Burriss entertained a motion to return #2 for more information on Section III and
IV.
Chair Burriss asked for comments on #3. She noted that Section V included that Mr.
Sandoval disclosed that he is a member of a General Merch Store business, and will
assume that there is no income.
Chair Burriss entertained a motion to approve #1 and #3.
Vice Chair Shiraishi moved to return
disclosure #2 for more information on
Section III and IV. Member de la
Pena seconded.
Voice Vote:
4 ayes, 0 nays
Motion carried 4:0
Member Toyofuku moved to approve
disclosures #1 and #3. Member de la
Pena seconded.
Voice Vote: 4 ayes, 0 nays.
Motion carried 4:0
Board of Ethics Page 4
Open Session
June 18, 2021
SUBJECT DISCUSSION ACTION
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.
The Board moved into Executive Session at 1:12pm
Vice Chair Shiraishi moved to move
into Executive Session. Member de
la Pena seconded.
Voice Vote: 4 ayes, 0 nays.
Motion carried 4:0
Return to Open
Session
The Board resumed in Open
Session at 1:20 p.m.
Roll call:
Member de la Pena: present
Member Gentry: excused
Member Toyofuku: present
Secretary Latkiewicz: excused
Vice Chair Shiraishi: present
Chair Burriss: present
Four members present, which
constituted a quorum.
Ratify on Board actions taken in Executive Session. Member Toyofuku moved to
ratify the actions taken in
Executive Session. Member de
la Pena seconded.
Voice Vote:
4 ayes, 0 nays
Motion carried 4:0
Announcements Next Meeting: Friday, July 16 , 2021 at 1:00pm
Ms. Ching thanked Member de la Pena for attending the meeting on his holiday.
Chair Burriss wished all a Happy 4th of July.
Board of Ethics Page 5
Open Session
June 18, 2021
SUBJECT DISCUSSION ACTION
Adjournment Hearing no objections Chair Burriss
adjourned the meeting at 1:22 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)
BOE 2021-19
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