HomeMy WebLinkAboutBOE_2021_1015_Notice_Agenda Packet.pdf
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, October 15, 2021
1:00 p.m. or shortly thereafter
Microsoft Teams Conferencing Information
Click on the link below or enter the url in your network browser to join on your computer or
mobile app by VIDEO:
https://bit.ly/3Bo3Nh1
Or
Dial phone number and enter conference ID to call in and join by AUDIO:
Phone: +1 469-848-0234 United States, Dallas
Phone Conference ID: 351784426#
This meeting will be held via Microsoft Teams conferencing only. Members of the public are
invited to join this meeting by using the link above or 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 September 17, 2021
PUBLIC TESTIMONY
COMMUNICATION
BOE 2021-29 Email received October 5, 2021 from Lonnie Sykos to the Charter Review
Commission and the Board of Ethics asking what is acceptable ethical
actions by our officials.
REQUEST FOR AN ADVISORY OPINION
BUSINESS
PAGE 2
BOARD OF ETHICS – October 15, 2021
DISCLOSURES
Employee:
1. Arryl Kaneshiro, Councilmember
EXECUTIVE SESSION
ES-018 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 September 17,
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.
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 be
updated on the response to 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 be
updated on the response to a notarized formal complaint received
PAGE 3
BOARD OF ETHICS – October 15, 2021
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 be
updated on the response to 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 be
updated on the response to 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 be
updated on the response to 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.
RETURN TO OPEN SESSION
Ratify on Board actions taken in Executive Session.
ANNOUNCEMENTS
Next Meeting: Friday, November 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: Aaron Larrimore, Deputy County Attorney
PAGE 4
BOARD OF ETHICS – October 15, 2021
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.
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 September 17, 2021
Location Teleconference Start of Meeting: 1:00 p.m. End of Meeting: 3:23 p.m.
Present Chair Susan Burriss, Vice Chair Mia Shiraishi. Members: Ryan de la Pena, Kelly Gentry, Dean Toyofuku.
Also: Deputy County Attorney Aaron Larrimore. Boards & Commissions Office Staff: Administrator Ellen Ching and Support
Clerk Malialani Kelekoma.
Excused Secretary John Latkiewicz
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:excused
Vice Chair Shiraishi: present
Chair Burriss: present
Five members present, which
constituted a quorum.
Approval of
Minutes
Open Session Minutes of August 13, 2021
Vice Chair corrected page 2 second sentence underlined, starting with Chair Burriss,
should be deleted.
Vice Chair Shiraishi moved to accept
the minutes as corrected. Member
Toyofuku seconded.
Voice vote: 5 ayes, 0 nays
Motion carried 5:0
Board of Ethics Page 2
Open Session
September 17, 2021
SUBJECT DISCUSSION ACTION
Public Testimony None
Communication None
Request for
Advisory Opinion
None
Business BOE 2021-28 Review letter sent to Councilmember Cowden re: RAO 2021-03 dated
August 26, 2021.
No action
Disclosures None
Executive Session ES-017 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 August 13, 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.
Board of Ethics Page 3
Open Session
September 17, 2021
SUBJECT DISCUSSION ACTION
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-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.
Member de la Pena moved to move
to Executive Session at 1:08 p.m.
Member Toyofuku seconded.
Voice Vote: 5 ayes, 0 nays.
Motion carried 5:0
Board of Ethics Page 4
Open Session
September 17, 2021
SUBJECT DISCUSSION ACTION
Return to Open
Session
The Board resumed in Open
Session at 3:20 p.m.
Roll call:
Member de la Pena: present
Member Gentry: present
Member Toyofuku: present
Secretary Latkiewicz:excused
Vice Chair Shiraishi: present
Chair Burriss: present
Five members present, which
constituted a quorum.
Ratify on Board actions taken in Executive Session. Member de la Pena moved to
ratify the actions taken by the
Board in Executive Session on
ES-017. Member Toyofuku
seconded.
Voice Vote: 5 ayes, 0 nays.
Motion carried 5:0
Member de la Pena moved to
ratify the actions taken by the
Board in Executive Session on
the ES-012 through ES-016
inclusive. Member Toyofuku
seconded.
Voice Vote: 4 ayes, 1
abstention, 0 nays.
Motion carried 5:0
Announcements Next Meeting: Friday, October 15, 2021 at 1:00pm
Board of Ethics Page 5
Open Session
September 17, 2021
SUBJECT DISCUSSION ACTION
Adjournment Hearing no objections Chair Burriss
adjourned the meeting at 3:23 p.m.
Submitted by: Reviewed and Approved by:
Anela Segreti, Administrative Specialist Susan Burriss, Chair
( ) Approved as circulated.
( ) Approved with amendments. See minutes of
Anela Segreti
From:
Sent:
To:
Subject:
Lonnie Sykos < lsykos@hotmail.com >
Monday, October 4, 2021 9:40 PM
Anela Segreti
For Ethics and Charter Review Commssions
CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known
to you unless it is something you were expecting.
Aloha
In the following I mention several issues asking what is acceptable ethical, not legal, actions by
our officials. I tried to provide some historical perspective.
Since the Mayor and Council Chair deem it wise to keep the County closed to in-
person participation, I will address my County enterprise through this editorial
piece.
To the Charter Review Commission - please place on the next ballot the charter
amendments required for the public to recall by petition and vote all elected and
appointed persons, and every employee allowable under our labor contracts.
Also, please review the language of the Police Commission in the Charter and
provide amendments to the Charter to remove the Police Commission from being
badged officers under the direct control of the Chief and make them instead an
independent with authority for oversight commission of members of the general
public.
Is it time for our County to reopen to the public? The County claims it remains
closed for the safety of our employees and because the Governor's rules won't
allow them to open.
Nothing in the State rules prevents the County from reopening to the public if the
County were to implement the necessary safety precautions.
The Council met publicly with protestors, but refuses to allow the public personal
access to meetings. The Mayor attends Chamber of Commerce meetings and meets
in person with the business community, but the County on whole is still closed to
the general public. In regards to our democracy, Zoom meetings serve solely to
insulate politicians from having to engage with their constituents face to face.
How ethical is it for the County to attend Chamber meetings in person, be courting
tourists to return, encourage businesses to open, covid restrictions are limited, to
encourage the public to move about at will and visit public accommodations, and
then to not re-open all Offices, Commissions, and the Council to public attendance
because it is "unsafe" for employees?
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BOE 2021-29
How ethical, not legal, is it for the County to create a Lihue retail business owned
by the County? Economic development apparently means no support for existing
small businesses, but use tax money to subsidize a competitive retail store in Lihue
in direct competition with the retailers currently providing the same opportunity the
County hopes to cannibalize from struggling retailers.
Business failures launched by the County include the County Campus food court
and meat packing facility proposed and funded by the former Mayor. It was a
potential disaster the Council chose to terminate after spending considerable money
on dubious plans.
Helicopter rescue services (a common commercial enterprise) initiated for the Fire
Department are a multi-million dollar a year financial fiasco providing 100% Kauai
tax payer subsidized free air ambulance services for primarily State Parks, costing
us millions of dollars ayear in helicopter expenses and the training (all over time
pay) of our entire fire department in aerial operations in order to provide free rescue
service for State Parks.
Most recently, the disaster of a commercial Adolescent Treatment Facility
enterprise losing at this point 9 million dollars in physical improvements, and the
utterly wasted wages and retirement payments for the thousands of hours spent on
the project over the last 12 years. Settlement costs with contractor to be determined
at trial.
How ethical is it for the County to become a real estate development company thru
condemnation?
The proposed properfy condemnation in Kilauea is a public disaster occurring as the
County moves deeper into the project. One ponders with all the empty land
available, why this parcel at this time was selected. The project does not seem to be
about building as many permanent affordable rentals as possible, but rather for a
handful of County "insiders" the once in a life time opportunity to buy a fee simple
parcel subsidized by the public. The Council should expect significant public
resistance to their scheme when the property owner defends his properfy rights in
court.
Ethics Commission - was it ethical (not legal) for the administration to utilize the
Adolescent Treatment Facility (ATF) for covid or other purposes in direct violation
of our contract with Grove Farm?
Was it ethical for any elected (swore oath) or for any County employee with a
license to practice law in Hawaii to not try to prevent the ATF miss-use per our
contract?
Will the Ethics Commission file ethics complaints with the State Bar's Disciplinary
committee if county employed attorneys were party to the covid or other miss-use
of ATF which violated our contract with Grove Farm? If not, why would you not
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file complaints given your commission name and the size of the damage to the
public?
Accountability is an issue on Kauai. Ethics Commission, how ethical was it for the
Police Commission to fine our Chief over his racist comments and auitudes?
Our ex-Mayor wasted more than a million dollars on legal expenses when he sued
the ex-Chief over exactly the same issue of an extemal party exerting influence and
control over the Chief. The ex-Mayor was re-buffed at every level of court,
including being excoriated by the Hawaii State Supreme Court. Which cost we tax
payers not one, but two settlements with the ex-chief.
The County Charter clearly states that the Chief has absolute authority over the
department. The Charter clearly states that the Police Commission Members are
badged and swom members of KPD and thus completely under the chief s
authority. Can the servant whip the master without his permission?
Was it ethical for the Police Commission to appear to fine their boss the Chief when
by the Charter he had to collude/agree to fine himselfl Is police "Pretzel Logic"
ethical?
To close, I was a resident of Hana District, Maui, decades ago when we were a
State canoe district with N. Kauai. Of all the politicians who came to Hana and
campaigned, I barely remember the names of two. A quite young Gary Hooser and
eloquent Mina Morita promised the people of Hana they would not help in any way
with the commercial exploitation of Hana District, unlike the nameless ones who all
wanted us to elect them and they would help us develop Hana into a
Hanalei/Princeville style destination. In response to why would we would want to
ruin our rural lifestyles, we were informed that we would get rich being the first
ones there. Winner take all, the devil take the hind most. Aloha.
Lonnie Sykos
Kapaa
808 280 1654
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