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HomeMy WebLinkAboutBOE_2021_1119_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, November 19, 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/3qgUEo1 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: 722301854# 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 October 15, 2021 PUBLIC TESTIMONY COMMUNICATION REQUEST FOR AN ADVISORY OPINION BUSINESS BOE 2021-31 Review and possible discussion on response to email received October 5, 2021 from Lonnie Sykos and his acknowledgement. BOE 2021-30 Discussion and possible action on letter from Charter Review Commission regarding request for proposals to amend the Charter. PAGE 2 BOARD OF ETHICS – November 19, 2021 BOE 2021-32 Discussion and possible action on implementation of the new ordinance regarding disclosure statements. DISCLOSURES Employee: 1. Rebecca Like, Candidate, Prosecuting Attorney 2. Joseph Tait, Manager & Chief Engineer, Department of Water 3. Stephen Hall, Deputy County Attorney 4. Jen Chahanovich, Fire Commission 5. Stephen Long, Kaua’i Historic Preservation Review Commission EXECUTIVE SESSION ES-019 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 October 15, 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 – November 19, 2021 RETURN TO OPEN SESSION Ratify on Board actions taken in Executive Session. ANNOUNCEMENTS Next Meeting: Friday, December 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 – November 19, 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 October 15, 2021 Location Teleconference Start of Meeting: 1:02 p.m. End of Meeting: 1:41 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 Support Clerk Malialani Kelekoma. Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Burriss called the meeting to order at 1:02 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 September 17, 2021 Secretary Latkiewicz moved to accept the minutes as presented. Member de la Pena seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Board of Ethics Page 2 Open Session October 15, 2021 SUBJECT DISCUSSION ACTION Public Testimony Chair Burriss asked guest if they had any testimony to offer. Mr. Lay responded no. Ms. Bodon did not respond. No action 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. Chair Burriss noted that there were specific items addressed to the Board of Ethics, but not in the form of a complaint. She asked Deputy County Attorney Larrimore if it would be appropriate to send a response. Deputy County Attorney Aaron Larrimore responded that the complaint is from a community member and he hasn’t alleged any particular complaint. He stated that the communication was also published. If the Board wants to follow up and clarify that if he wants more to done he would need to follow the requirements of the Charter and Code to send in a complaint, it would be in order. Chair Burriss called for a motion to receive the communication. Chair Burriss called for a motion to ask Deputy County Attorney Larrimore to draft a letter to Mr. Sykos to advise of appropriate steps to file a complaint to the Board. Deputy County Attorney clarified that he will draft a letter for Chair Burriss to sign as Chair. Member de la Pena moved to receive BOE 2021-29. Vice Chair Shiraishi seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Member de la Pena moved to have Deputy County Attorney draft letter to Mr. Sykos for Chair Burriss’ signature. Secretary Latkiewicz seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Board of Ethics Page 3 Open Session October 15, 2021 SUBJECT DISCUSSION ACTION Request for Advisory Opinion None Business BOE 2021-30 Discussion and possible action on letter from Charter Review Commission regarding request for proposals to amend the Charter. Chair Burriss asked Administrator Ellen Ching if she thought there was anything that the Board should be looking at for Charter amendments. Ms. Ching said no, none has come to mind, and reminded the Board that a number of complaints was received from the community regarding former Councilmember Brun. She is not sure if that would be something that the Board of Ethics would want to take up as a proposal. She stated that many community members were not aware that the Board’s purview is limited to specific violations to the Code of Ethics. Other issue that was tabled was fine structure. She noted that this is a very preliminary stage of the process. A simple paragraph on what want to see changed and why is sufficient. The Charter Commission may invite someone from the Board to explain the proposal at one of their meetings, they will discuss and then decide if they want to move forward. It’s at that point that more extensive work will need to be done on proposal. Chair Burriss asked if there are any other groups or boards likely to propose any amendments. Administrator Ching stated that there has been some discussion. The two things that potentially will be discussed before Charter Review is the issue of districting, and rank voting. She explained that districting has come up before and that rank voting gives the option to vote as to who is first, second and third choice, a different way of conducting an election. Also not sure if discussions will come up regarding avoiding the cost of a special election. Chair Burriss asked if there was a timeframe and whether the members could go home and think about this and perhaps propose something next month. Administrator Ching confirmed that would be fine. Board of Ethics Page 4 Open Session October 15, 2021 SUBJECT DISCUSSION ACTION Chair Burriss asked if anyone had anything at this time. Members responded no. Vice Chair Shiraishi moved to receive BOE 2021-30 and put on agenda for next months meeting. Member de la Pena seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Disclosures Employee: 1. Arryl Kaneshiro, Councilmember Chair Burriss asked if there were any comments or questions regarding the nature of consulting involved in the employment. No response from members. Vice Chair Shiraishi moved to approve. Member Toyofuku seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 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. Board of Ethics Page 5 Open Session October 15, 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. Vice Chair Shiraishi moved to go into Executive Session at 1:25 p.m. Member de la Pena seconded. Voice Vote: 6 ayes, 0 nays. Motion carried 6:0 Board of Ethics Page 6 Open Session October 15, 2021 SUBJECT DISCUSSION ACTION Return to Open Session The Board resumed in Open Session at 1:39 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. Ratify on Board actions taken in Executive Session. Member de la Pena moved to ratify the actions taken by the Board in Executive Session. Member Toyofuku seconded. Voice Vote: 6 ayes, 0 nays. Motion carried 6:0 Announcements Next Meeting: Friday, November 19, 2021 at 1:00pm Adjournment Hearing no objections Chair Burriss adjourned the meeting at 1:41 p.m. Board of Ethics Page 7 Open Session October 15, 2021 Submitted by: Reviewed and Approved by: Anela Segreti, Administrative Specialist Susan Burriss, Chair ( ) Approved as circulated. ( ) Approved with amendments. See minutes of BOARD OF ETHICS October 25, 2021 Dear Mr. Sykos: One of the functions of the Board is to initiate, receive, hear, and investigate complaints of violation of the code of ethics regarding complaints involving county officers. (See the following page, item #1). The code of ethics is defined by the Kauai County Charter. (See the following page, item f2) Thus, when the Board of Ethics received your communication, the Board was looking at the whether you were making a specific complaint against a county officer or whether you were generally expressing your opinion about recent actions taken by the County. The Board could not determine that you were making a specific complaint. The Kaua'i County Board of Ethics Rules and Regulations - Part 1 describe the requirements to file a complaint at Rule 6.1(a). (See the following page, item S3). Should you wish to file a complaint in the future, please include a concise statement of the facts constituting the alleged violation of the code of ethics, the name and position of the person allegedly violating the code of ethics, and sign the complaint under oath. Attached you will find the Board complaint form and procedures for filing a complaint for further reference. The Board appreciates your time in bringing this issue before it. Si rely, SUSAN BURRISS, CHAIR MIA SHIRAISHI, VICE CHAIR JOHN LATKIEWICZ, SECRETARY RYAN de la PENA, MEMBER KELLY GENTRY, MEMBER DEAN TOYOFUKU, MEI,4BER ll,,^ Susa n rnsS Chair Board of Ethics Mr. Lonnie Sykos Kapa'a, Hl lsykos@ hotmail.com The Board of Ethics (BOE) received your communication on October 15, 2021. BOE 2021-31 1. Kauai County Cbarter Section 20.05. Board of Ethics. D. It ahall be the function of the board: (1) To initiet€, reoeive, hear, and iavestigate complaints of violations of the code of ethics end to tranBmit its frndinge to the council a* to complaints involving county ofEcers and to the civil e€rvic€ commisaion as to employeea. It may alm, on ita own, file impeachment proceedings in the circuit court. 2. Nauai County Chartpr Section 20.01. Standarde of Coniluct. Kauai County Chalter Section 20.02 Section 20.01. Stenderds of Conduct. In order to esteblish a high etandard of integrity and morality in govemment e€rvice, a code of ethice ia hereby establiehed. Section 20.02. No officer or employee of the county shall: A. Solicit, accept, or receive, directly or indirectly, any gift, whether in the form of money, eervice, loao, travel, entertginment, hospitelity, thing, or pmmiee, or in any other form, uader circurnstsnces in which it can rcslonably be inferred that the gift is intEnded tl influerrce the oflrcer or employee in the perfmmence of the ofrer or employee'e offrcial duties or is intended as a reward for any offrcial ection on the officer or employee'r part. B. Diaclose infomation which, by law or practice, is not aveilable to the public and which the officer or employee acquiree in the course of the officer or employee'e officiel dutiea or use such informetion for the oficer or employee's petaonal gain or for the benefit of anyone. C- Acquire {inancial interest in bueinees enterpria€s which the o6cer or employee may be di:rectly involved in olEcial action to be taken by the olEcer or employee. D. Appear oa behalf of private inter€Bts before any county board, comminsion, or agency. E. Use the officer or employee'e ofhcial paition to B€cure a epecial bene6t, privilege, or exemption for the offfcer or employee or others. F- Use munty pmperty for other than public activity or purpose. 3. Kaua'i Couaty Board of Ethics Rules and Regulations - Part 1. Rule 6.1(a) 6.I COMPLAINTS INSTITUTED BY A MEMBER OF THE PUBLIC PAGE 2 (r) Content, All complaints shall contain a concise statement of the facts constituting the alleged violation of the Code of Ethics, the name and position of the respondent, and shall be signed under oath by the complainant. The oath shall be administered in accordance with the laws of the State of Hawai'i, PAGE 3 COUNTY OF KAUA'I BOARD OF ETHICS The Board ofEthics is made up ofKaua'i residents. These volunteer members are dedicated to allowing all the people ofKaua'ian opportunity to express their concems regarding possible ethical misconduct by elected or appointed officials ofthe County of Kaua'i and employees ofthe County. In order to review all complaints thoroughly, the Board of Ethics members require that certain procedures be followed: l. All complaints must be in writing. 2. All written complaints must be notarized or signed under oath. 3. The alleged violation must reference the pertinent section ofthe Kauai County Charter. All complaints are considered CONFIDENTIAL and will be discussed at the next available regular Board of Ethics meeting in executive session unless the respondent requests that the complaint be heard in open session. Please feel free to contact our assistant, Anela Segreti by phone at24l-4917 in the Office of Boards and Commissions should you have any further questions or concems. 'lll.ll4 Rice Street, Suhe30O. Lihu'e, Hawai'i96765. (808) 241-49U. Email; asegreti@kauai.gov Procedure for Filing a Comolaint with the Board qf Ethics Print Lesiblv Recvd. by Date: Time: CONT'II'ENTIAL COUNTY OF KAUA'I BOARD OF ETHICS FORMAL COMPLAINT I whose residence address is whose mailing address is , and , and whose bus. phone is , do hereby affirm that the information given by me is true and correct to the best ofmy knowledge and belief. The above-named applicant makes the following complaint against: of the Name of Employee / Official Position whom I believe to be in Name of Department / Board / Commissaon violation of Kaua'i County Charter Article XX, section: DATE OF OCCURRENCE:TIME OF OCCURRENCE: PLACE OF OCCURRENCE: WITNESSES:Please list names, if any. and attach their statement. BOE Form 1-04. Crealed 7/13/2004 ease I of2 and whose resident phone is The charge is based on the following factual information or observations: COMPLAINT: SYNOPSIS Print Legibly C O M P LA IN A N T'S S TAT E M E N T All complaints shall contain a concise statement of the facts constituting the alleged violation of Atticle XX, the name and position of the respondent, and shall be signed under oath by the complainant (Kaua'i County Board of Ethics Rules & Regulations Rule 6, 6.1(a)): Certification - MUST BE SIGNED lN FRONT OF A NOTARY PUBLIC Signature Date Doc. Descrlption:_ Subscrlbed atrd sworn to before me this _ day of commlgalon exph3: # Pages:_ 200 Notary Neme Doc. Dete: [otary Publlc, Stste of Hawai'i BOE Form 1{4, appoved 11/16/M ease 2 of 2 Circuit From:Lonnie Sykos To:Anela Segreti Subject:Ethics Commission Date:Saturday, October 30, 2021 12:23:42 PM 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 Thank you for your response to my inquiry. I understand my need to reframe questions submitted to the Commission. Thank you. Lonnie Sykos Kapaa 808 280 1654 OFFICE OF BOARDS & COMMISSIONS ELLEN CHING, ADMINISTRATOR DEREK S.K. KAWAKAMI, MAYOR MICHAEL A. DAHILIG, MANAGING DIRECTOR october 1, 2021 Chair Susan Burriss Board of Ethics c/o Boards and Commissions 4444 Rice St., Ste. 300 Lihue, Hawaii 95766 RE: Requesting any proposals to amend the Charter Dear Chair Burriss and Members of the Board of Ethics: You are invited to present any proposals you may have on any Charter amendments you would like the Charter Commission to consider. Should you want to propose any amendments, please provide a brief background on the issue and how the amendment will address or solve the issue. Should you have any questions, please feel free to contact, Ellen Ching at echinp@ kauai.sov ot at 241- 4922. Sincerely, ?L-7- Reid Kawane, Chair Charter Review Commission 4444 Rice Street, Suite 300 . Lihu'e, Hawai'i 96756. (808) 241-4917 (b) . (808) 241-5127 (0 An Equal Opportunity Employer BOE 2021-30 ORDINANCE NO. 1100 BILL NO. 2830 ------ 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 OFHAWAI'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 1987, as amended, 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 3-1.3 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 County Code 1987, as amended, is hereby amended by inserting, alphabetically, a definition for the following term: ""Regulatory Employee" means ill Supervisors of inspectors employed by the Department of Public Works; ill Inspectors employed by the Department of Public Works: ill Supervisors of liquor control investigators; 1 BOE 2021-32 ill Liquor control investigators; .(fil Buyers and purchasing agents; fill Supervisors of real property tax appraisers; ill Real property tax appraisers; .{fil Supervisors of planners or inspectors employed by the Planning Department; fill Planners employed by the Planning Department; il..Ql Inspectors employed by the Planning Department; illl Supervisors of fire prevention inspectors; .(12)_ Fire prevention inspectors; il.fil Supervisors of housing quality standards inspectors; .(112. Housing quality standards inspectors; ilfil. Supervisors of motor vehicle inspectors; il.fil Motor vehicle inspectors; il1). Supervisors of inspectors employed by the Department of Water; ilfil. Inspectors employed by the Department of Water; ilfil The County Auditor; (20) Auditors employed by the County Auditor; and @ 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." 2 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 6. This Ordinance shall take upon its approval. DATE OF INTRODUCTION: August 4, 2021 Lihu'e, Kaua'i, Hawai'i Introduced by: ARRYL KANESHIRO (By Request) V:\BILLS\2020-2022 TERM\Financial Disclosures -Regulatory Employees CTjy.docx 3 CERTIFICATE OF THE COUNTY CLERK I hereby certify that heretofore attached is a true and correct copy of Bill No. 2830, which 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: FOR PASSAGE: AGAINST PASSAGE: EXCUSED & NOT VOTING: RECUSED & NOT VOTING: Lihu'e, Hawai'i August 4, 2021 Carvalho, Chock, Cowden, DeCosta, Evslin, Kuali'i, Kaneshiro None None None TOTAL-7, TOTAL-0, TOTAL-0, TOTAL-0. Jade . Fountain-Tanigawa County Clerk, County of Kaua'i CERTIFICATE OF THE COUNTY CLERK I hereby certify that heretofore attached is a true and correct copy of Bill No. 2830, which was adopted on second and final reading by the Council of the County of Kaua'i at its meeting held on October 6, 2021, by the following vote: FOR ADOPTION: AGAINST ADOPTION: EXCUSED & NOT VOTING: RECUSED & NOT VOTING: Lihu'e, Hawai'i October 6, 2021 ATTEST: ~.~ Chairman & Presiding Officer Carvalho, Chock, Cowden, DeCosta, Evslin, Kuali'i, Kaneshiro None TOTAL-7, TOTAL-0, TOTAL-0, TOTAL-0. None None . Fountain-Tanigawa County Clerk, County of Kaua'i DATE OF TRANSMITTAL TO MAYOR: October 6, 2021 Approved this 7th day of ~~-----> 2021. DL Derek S.K. Kawakami, Mayor County of Kaua'i