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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, August 13, 2021
1:00 p.m. or shortly thereafter
Microsoft Teams Audio: + 1 469-848-0234, Conference ID: 967519415#
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 July 16, 2021
PUBLIC TESTIMONY
None
COMMUNICATION
BOE 2021-27 Notice of Publication and Notice of Public Hearing received August 5,
2021 from Council Services regarding Bill No. 2830, A BILL FOR AN
ORDINANCE AMENDING CHAPTER 3, KAUA`I COUNTY CODE 1987, AS
AMENDED, RELATING TO FINANCIAL DISCLOSURES.
REQUEST FOR AN ADVISORY OPINION
RAO 2021-03 Request for an Advisory Opinion from Felicia Cowden received July 9,
2021 relating providing testimony to County Boards and Commissions
and other State and National Governmental Entities.
BUSINESS
BOE 2021-21 Update and discussion on Ethics bill that went before Council on August
4, 2021.
PAGE 2
BOARD OF ETHICS – August 13, 2021
DISCLOSURES
Employees:
1. Judith Hayducsko, Deputy Manager-Engineer, Department of Water
2. Arryl Kaneshiro, Councilmember
3. Cameron Takamura, Deputy County Attorney
4. Felicia Cowden, Councilmember
EXECUTIVE SESSION
ES-012 BOE 2021-22 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 July 29, 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 E, Standards of Conduct.
ES-013 BOE 2021-23 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 July 29, 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 E, Standards of Conduct.
ES-014 BOE 2021-24 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 July 29, 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 E, Standards of Conduct.
ES-015 BOE 2021-25 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 July 30, 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 E, Standards of Conduct.
ES-016 BOE 2021-26 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 August 3, 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 E, Standards of Conduct.
PAGE 3
BOARD OF ETHICS – August 13, 2021
RETURN TO OPEN SESSION
Ratify on Board actions taken in Executive Session.
ANNOUNCEMENTS
Next Meeting: Friday, September 17, 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
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.
PAGE 4
BOARD OF ETHICS – August 13, 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 July 16, 2021
Location Teleconference Start of Meeting: 1:00 p.m. End of Meeting: 1:18 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 1:00 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.
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.
Administrator Ching stated that the Board did not receive any written testimony or
comments on this agenda item, including Councilmember Cowden.
Chair Burriss entertained a motion to adopt the recommendations of the PIG.
Member Toyofuku moved to adopt
the recommendations of the PIG.
Member de la Pena seconded.
Voice Vote: 6 ayes, 0 nays.
Motion carried 6:0
Board of Ethics Page 2
Open Session
July 16, 2021
SUBJECT DISCUSSION ACTION
Deputy County Attorney Larrimore recommended that the Board work with the
Administrator or directly with the Mayor’s office to present the recommendation and ask
for their recommendations on the next steps. The draft of the ordinance would need to go
before Council and passed for it to be a part of the County Code. So it will need to be
transmitted to Council.
Ms. Ching stated that she has spoken to Council Services regarding the protocol. Board
will transmit to the Chair and the Chair will decide how they will move it forward to be
placed on the Council agenda. She explained that anything transmitted to Council goes
to the Mayor’s office first and then they transmit it to Council.
Ms. Ching clarified with Mr. Larrimore whether a motion needs to be made to transmit to
Council. Mr. Larrimore stated that it would be understood and not required.
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 clarified that the persons elected would represent the Board if and when the
draft ordinance gets on the Council agenda.
Ms. Ching confirmed that yes, they would appear before Council and recommended that
the former Chair, Mia Shiraishi, and Vice Chair, Dean Toyofuku, be elected as they
attended the first State Ethics Conference, and they agreed. She also suggested that if
any other member would like to volunteer to please do so.
Chair Burriss entertained a motion to elect Mia Shiraishi and Dean Toyofuku.
Ms. Ching congratulated the Board on their progress over the past two years to
strengthen the Ethics Code and to inform employees regarding the Ethics Code, including
attendance at the first Ehtics Conference and bringing back information and ideas.
Vice Chair Shiraishi thanked the PIG members. Ms. Ching thanked Mr. Larrimore for
putting together the ordinance.
Member de la Pena moved to elect
Vice Chair Shiraishi and Member
Toyofuku to represent the Board of
Ethics regarding proposed ordinance
defining regulatory employees
required to submit a disclosure
statement. Secretary Latkiewicz
seconded.
Voice Vote: 6 ayes, 0 nays.
Motion carried 6:0
Board of Ethics Page 3
Open Session
July 16, 2021
SUBJECT DISCUSSION ACTION
Approval of
Minutes
Open Session Minutes of June 18, 2021
Chair Burriss brought attention to typos on page one.
Hearing no objections Chair Burriss
accepted the minutes as presented.
Public Testimony None
Communication None
Request for
Advisory Opinion
None
Disclosures Employees:
1. Boyd Gayagas, Deputy County Engineer
2. Hugo Cabrera, Deputy County Attorney
Volunteers:
3. Catherine Adams, Police Commission
4. Tess Shimabukuro, Liquor Control Commission
5. V. Pamai Cano, Civil Service Commission
Chair Burriss entertained a motion to approve #1 thru #5.
Secretary Latkiewicz moved to
approve disclosures #1 thru #5.
Member Gentry seconded.
Voice Vote: 6 ayes, 0 nays.
Motion carried 6:0
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 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.
Chair Burriss asked if the Board needed to go into executive session to approve the
minutes of the June meeting which was solely to approve the minutes of the May
Board of Ethics Page 4
Open Session
July 16, 2021
SUBJECT DISCUSSION ACTION
meeting.
Mr. Larrimore stated that for this meeting that if the Board wants to just accept the
Executive Session Minutes without discussion there is no need to go into executive
session. He clarified that the Office of the County Attorney will be looking at this more
closely.
Chair Burriss asked the Board if they was anyone with any comment, question or
amendment regarding the Executive Session Minutes of June 18, 2021.
Ms. Ching clarified that if there are any amendments the Board would need to go into
executive session.
Hearing no amendments to be discussed. Chair Burriss entertained a motion to approve
the Executive Session Minutes of June 18, 2021.
Member de la Pena moved to
approve the Executive Session
Minutes of June 18, 2021. Member
Toyofuku seconded.
Voice Vote: 6 ayes, 0 nays.
Motion carried 6:0
Return to Open
Session
None.
Announcements Next Meeting: Friday, July 16 , 2021 at 1:00pm
Ms. Segreti corrected the date of the next meeting to August 13, 2021 at 1:00pm, and
explained that it will not be the third Friday of the month as that is a holiday.
Adjournment Hearing no objections Chair Burriss
adjourned the meeting at 1:18 p.m.
Submitted by: Reviewed and Approved by:
Anela Segreti, Administrative Specialist Susan Burriss, Chair
( ) Approved as circulated.
( ) Approved with amendments. See minutes of
21 AIE _4 Y t]4
NOTICE OF PUBLICATIO N AND NO
w&d #€et6s
rrcE oF puBI,rc HEARTNG ouo Oizoz,
' ' ' : -' '' ' ' Notice is hereby given that the Council of the County of Kaua'i *itfflt8tl tNs
public hearing on Wednesday, September l, 2021, at 1:30 p.m., or soon thereafter,
at the Council Chambers, 4396 Rice Street, Room 201, Historic County Building,
Lihu'e, on the following:
Bill No. 2830
A BILL FOR AN ORDINANCE AMENDING CHAPTER 3, KAUA'I COUNTY
CODE 1987, AS AMENDED, REI,ATING TO FINANCIAL DISCLOSURES
The purpose of this BiIl is to amend Chapter 3, Sections 3-1.3 and 3-1.9(a),
Kaua'i County Code 1987, as amended, to conform to the County Charter
Amendment adopted in November 202O 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;
and to define the regulatory employees required to file financial disclosures with the
Board of Ethics.
AII interested persons who wish to present their comments may do so at the
public hearing. Written testimony prior to the hearing would be appreciated.
Written testimony can be submitted to the Of6ce of the County Clerk, Council
Services Division by mail, facsimile, or via E-mail to counciltestimony@kauai.gov.
Copies of this Bill are available at the Offrce of the County Clerk, Council Services
Division.
(The Council Committee or Council may amend this BiII at their subsequent
meetings. Meeting notices are posted at least six (6) days in advance at the County
Clerk's Office and the public may also testifr at any of these meetings.)
NTY CLERK
I hereby certifii that the foregoing Bill No. 2830 was passed on first reading
and ordered to print by the Council of the County of Kaua'i at its meeting held on
August 4,2021, by the following vote:
C
AYES: Carvalho, Chock, Cowden, DeCosta, Evslin, Kuali'i,
KaneshiroNOES: None
EXCUSED & NOTVOTING: None
RECUSED & NOTVOTING: None
TOTAL _ 7.
TOTAL _ O,
TOTAL _ O,
TOTAL - O.
Lrhu'e, Hawai'i /s/ Jade K. Fountain-Tanigawa
Au st4 202L Count CIerk Count of Kaua'i
NOTE: IF YOU NEED AN AUXILIARY AID/SER\.ICE, OTHER
ACCOMMODATION DUE TO A DISABILITY, OR AN INTERPRETER FOR
NON-ENGLISH SPEAKING PERSONS, PLEASE CONTACT THE OFFICE OF
THE COUNTY CLERK, COUNCIL SER\TCES DI\TSION AT (808) 241-4188 OR
COKCOUNCIT@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 AVAII,ABLE IN ALTERNATE FORMATS
SUCH AS i.ARGE PRINT, BRAILLE, OR ELECTRONIC COPY,
ne pu cation -|'ar n Island - August 72,2021)BOE 2021-27
ORDINANCE NO.BILL NO.2830
A BILL FOR AN ORDINANCE AMENDING CHAPTER 3'
KAUA'I COUNTY CODE 1987, AS AMENDED'
RELATING TO FINANCIAI DISCLOSURES
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUA'I, STATE
OF HAWAI'I:
SECTION 1. Findings and pu{pose. 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 firrds 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 defrned in the Kaua'i county code 1987, as amended, to provide clarity and
certainty on which employees shall be required to fiIe financial disclosures.
The purpose of this Ordinance is to amend Chapter 3, Sections 3-1.3
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 3-1.3, Kaua'i Countv Code 1987, as
amended, is hereby amended by inserting, alphabetically, a definition for the
following term:
""Reeulatorv Emplovee" means
(L) Supervisors of inspectors emploved bv the Department of Public
Works:
(!) Insoectors emploved bv the Department of Public Works:
(!) Supervisors of liquor control investisators:
1
G)
(5)
G)a
G)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
uor control inv
Buvers an d purchasin agents;
S ervl so r s of rcsl n e rtv tax aND TAISEIS
Real n r onertv tax DD rarsersa
Suoervisors of n Ianners or inspectors emploved bv the Plannine
Department
Planncrs emploved bv the Plannine De partmentt
InsDectors em ploved bv the Plannine Department:
Su I]ervl so r s offire n ventlon rns ectorsD
Fire nrevention insoecto rs
Suoervisors of housine o ualitv standards insnectors:
Hou sins orralitv s ds ins ectorsdarD
Su nervi sors of motor vehicle ins ectorsn
ern ectors
Su nervlso rs of ins D ectors em dbI)ove v the T)ena ent of Water
T ctors em lo edb the D nf nfW atern
un Auditor
em edb the C un Au
Analvsts lov edb the Coun Au rtv
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,]Mana sinp Director heads and de uties of all denartme ntsn
agencies. and divisions. members of boards and commi ssions [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] reeulatorv emplovees shall, within thirty (30)
days of assuming ofEce, fiIe 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, ofEcer 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
resulatory emplovees shall not be oDen to public inspection."
2
SECTION 4. Ifany provision ofthis 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 6.This Ordinance shall take upon its approval.
Introduced by:
ARRYL KANESHIRO
(By Request)
DATE OF INTRODUCTION:
A€ust 4, 2021
Lihu'e, Kaua'i, Hawai'i
V:\BILLS\2020-2022 TERM\Financial Disclosures - Regulatorv Employees CTjv.docx
ry1a^,il,r/b
CERTIF'ICATE O F THE COUNTY CLERK
I hereby certifi, that heretofore attached is a true and correct copy of BiIl
No. 2830, which was passed on first reading and ordered to print by the Council ofthe
County of Kaua'i at its meeting held on August 4,2021, by the following vote:
FOR PASSAGE:Carvalho, Chock, Cowden, DeCosta,
Evslin, Kuali'i, Kaneshiro
AGAINST PASSAGE:
EXCUSED & NOT VOTING:
RECUSED & NOT VOTING:
Lihu'e, Hawai'i
August 4,2021 Jade Fountain-Tanigawa
County Clerk, County of Kaua'i
None
None
None
TOTAL - 7,
TOTAL_ O,
TOTAL- O,
TOTAL _ O.
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
July 9, 2021
Susan Burriss, Chair
and Members of the Board of Ethics
c/o Office of Boards and Commissions
Via E-mail only: asegreti@kauai.gov
Dear Chair Burriss and Board Members:
RE: REQUEST FOR ADVISORY OPINION REGARDING
PROVIDING TESTIMONY IN MY OFFICIAL CAPACITY AS A
COUNCILMEMBER TO COUNTY BOARDS AND COMMISSIONS
AND OTHER STATE AND NATIONAL GOVERNMENTAL
ENTITIES
I have recently been cautioned on the manner in which I submit written
testimony as an individual Councilmember to the Planning Commission, i.e., am I
able to submit it using Council letterhead, or do I submit it on plain stationery?
My recent experience involved submitting written testimony requesting the
Planning Commission to consider separating elements of a particular proposal
initiated by Council colleagues (Council Bill No. 2822) as my preference is to address
the Open Zone and Agriculture Zone through separate bills. This is my professional
opinion as a Councilmember. Sometimes I testify as an individual when that is
appropriate. I sought advice from the County Attorney and was able to subsequently
submit written testimony using Council letterhead.
This situation continues to concern me because:
•I have been routinely writing letters since I took office, as I am asked for
support in one direction or another by constituents, etc.
•For decades I have observed councilmembers testify in their official
capacity before the commission on various topics, including the pre-covid
present.
•In speaking with Director Hull regarding my concerns with Bill No. 2822, I
understood him to be saying I can/should present my case to the
commission.
•How do I do my job if I cannot speak officially as a Councilmember when
addressing other layers of government?RAO 2021-03
RECEIVED
JUL 09 2021
BOARDS & COMMISSIONS
Susan Burriss, Chair
and Members of the Board of Ethics
RE: Request for Advisory Opinion
July 9, 2021
Page 2
I would like to request that County Attorney Matthew Bracken and County
Clerk Jade K. Fountain-Tanigawa also be present at the meeting scheduled to discuss
this matter.
I am available and look forward to discussing this matter further with you and
getting clarification on fulfilling my duties as a Councilmember. I may be reached at
the Office of the County Clerk, Council Services Division, at 241-4188 or via E-mail
to cokcouncil@kauai.gov.
Sincerely,
FELICIA COWDEN
Councilmember, Kaua‘i County Council
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