HomeMy WebLinkAboutBOE_2021_1217_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, December 17, 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/3pGNvv1
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: 308714414#
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 November 19, 2021
PUBLIC TESTIMONY
COMMUNICATION
REQUEST FOR AN ADVISORY OPINION
BUSINESS
BOE 2021-32 Discussion and possible action on implementation of the new ordinance
regarding disclosure statements.
BOE 2021-33 Discussion and possible action on changes to the disclosure statement
form.
PAGE 2
BOARD OF ETHICS – December 17, 2021
BOE 2021-34 Discussion and possible action on revisions to Board Rules and
Regulations.
BOE 2021-35 Discussion and possible action on a disclosure/fine schedule.
BOE 2021-36 Discussion and possible approval of the 2022 meeting calendar.
BOE 2021-37 Election of Chair, Vice Chair and Secretary for Calendar Year 2022.
DISCLOSURES
Employee:
1. Felicia Cowden, Councilmember
2. Lori Koga, Charter Review Commission
3. Leo Sandoval, Director, Liquor Control Department
4. Alfredo Garces, Fire Commission
5. Beverly Gotelli, Civil Service Commission
6. Francis Kaawa, Civil Service Commission
7. V. Pamai Cano, Civil Service Commission
8. Donna Apisa, Planning Commission
9. Shaylene Iseri, Candidate, Prosecuting Attorney
10. Katherine Otsuji, Board of Review
EXECUTIVE SESSION
ES-020 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 November 19,
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
PAGE 3
BOARD OF ETHICS – December 17, 2021
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.
RETURN TO OPEN SESSION
Ratify on Board actions taken in Executive Session.
ANNOUNCEMENTS
Next Meeting: Friday, January 21, 2022 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 4
BOARD OF ETHICS – December 17, 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 November 19, 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 Anela Segreti.
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 October 15, 2021
Chair Burriss entertained a motion to accept the minutes as presented.
Member de la Pena moved to accept
the minutes as presented. Secretary
Latkiewicz seconded.
Voice vote: 6 ayes, 0 nays
Motion carried 6:0
Board of Ethics Page 2
Open Session
November 19, 2021
SUBJECT DISCUSSION ACTION
Public Testimony None
Communication None
Request for
Advisory Opinion
None
Business BOE 2021-31 Review and possible discussion on response to email received October 5,
2021 from Lonnie Sykos and his acknowledgement.
Members did not have any comments regarding item.
No Action
BOE 2021-30 Discussion and possible action on letter from Charter Review Commission
regarding request for proposals to amend the Charter.
Chair Burriss stated that the Board has no proposal to present to the Charter.
No Action
BOE 2021-32 Discussion and possible action on implementation of the new ordinance
regarding disclosure statements.
Chair Burris asked for comments on this item.
Administrator Ching stated that staff will work on a notice to send out with the new
ordinance to the impacted employees and requesting them to submit their disclosures.
Chair Burriss clarified that it is an administerial function and does not need action by the
Board.
Administrator Ching confirmed and stated that there can be an item added to next agenda
with update on number of employees impacted.
No Action
Board of Ethics Page 3
Open Session
November 19, 2021
SUBJECT DISCUSSION ACTION
Deputy County Attorney Larrimore stated that there may be a need to make edits to
forms and the Board’s rules referencing Disclosures. Regulatory employees is not
mentioned in the verbiage and there may be a need to go through and make the changes.
He asked Chair if it would be okay to come to next meeting with any changes that need
to be made to Rules and forms.
Chair Burriss asked if the changes would be conforming changes.
Deputy County Attorney Larrimore clarified that if there is a need to make any rule
change that would be more involved and significant, if that is needed he may have some
other suggestions and can bring that to the Board next month. Specific to
implementation he stated that he doesn’t anticipate anything significant.
Next month a new agenda item will be added if needed.
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
Chair Burriss asked if there were any comments or questions on #1.
No responses.
Chair Burriss noted that on #2, Joseph Tait, that Section VIII, Representation Before
Government Agencies, he did not name the group, named self. Chair asked if anyone
had any comments.
No responses.
Vice Chair Shiraishi questioned #3’s employment, as it appears he has a thriving law
business and also derives an income from the County as Deputy County Attorney.
Board of Ethics Page 4
Open Session
November 19, 2021
SUBJECT DISCUSSION ACTION
Chair Burriss assumed that the County is aware of the outside employment.
Vice Chair Shiraishi stated that it seems that this would be directly in line with his job
with the County.
Staff reminded Board that he previously filed a disclosure and that she remembered
that the practice was on the mainland and that there would not be any conflict with
work done for the County, because his practice is on the mainland.
Deputy County Attorney Larrimore, as a colleague aware of his situation, confirmed
that he presently lives and has a practice in Chicago. When he was hired in May, part-
time, he was beginning to wind down that practice and move to the island in the next
couple of months. His practice now is devoted to continuing cases he had. He assured
the Board of the process for outside work with the Office of the County Attorney.
Vice Chair Shiraishi stated that cleared it up for her and had no concerns with the
disclosure.
No comments on disclosure #4.
Vice Chair Shiraishi stated that she felt disclosure #5, Stephen Long, was incomplete.
She stated that source of income may have been cut off, but that they could assume
based on only one source of employment on the previous question.
Chair Burriss stated that she assumed it was his income from his architectural practice.
She questioned whether his participation on the commission was voluntary.
Administrator Ching confirmed that his participation on the commission is voluntary.
Vice Chair Shiraishi stated that if everyone on the Board was comfortable that the
income stated was from his architectural firm, it was fine with her.
Chair Burriss entertained a motion to approve all five disclosures together.
Member de la Pena moved to approve
Disclosures 1-5. Vice Chair Shiraishi
seconded.
Voice vote: 6 ayes, 0 nays
Motion carried 6:0
Board of Ethics Page 5
Open Session
November 19, 2021
SUBJECT DISCUSSION ACTION
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.
Vice Chair Shiraishi moved to go
into Executive Session at 1:24 p.m.
Member de la Pena seconded.
Voice Vote: 6 ayes, 0 nays.
Motion carried 6:0
Return to Open
Session
The Board resumed in Open
Session at 1:40 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
Board of Ethics Page 6
Open Session
November 19, 2021
SUBJECT DISCUSSION ACTION
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.
Vice Chair Shiraishi
seconded.
Voice Vote: 6 ayes, 0 nays.
Motion carried 6:0
Announcements Next Meeting: Friday, December 17, 2021 at 1:00pm
Chair Burriss wished everyone a Happy Thanksgiving.
Adjournment Hearing no objections Chair Burriss
adjourned the meeting at 1:41 p.m.
Submitted by: Reviewed and Approved by:
Anela Segreti, Administrative Specialist Susan Burriss, Chair
( ) Approved as circulated.
( ) Approved with amendments. See minutes of
Su M Tu W Th F Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
1 1 2 3 4 5 1 2 3 4 5
2 3 4 5 6 7 8 6 7 8 9 10 11 12 6 7 8 9 10 11 12
9 10 11 12 13 14 15 13 14 15 16 17 18 19 13 14 15 16 17 18 19
16 17 18 19 20 21 22 20 21 22 23 24 25 26 20 21 22 23 24 25 26
23 24 25 26 27 28 29 27 28 27 28 29 30 31
30 31
Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa
1 2 4 1 2 3 4 5 6 7 1 2 3 4
3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11
10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18
17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25
24 25 26 27 28 29 30 29 30 31 26 27 28 29 30
Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa
1 2 1 2 3 4 5 6 1 2 3
3 4 5 6 7 8 9 7 8 9 10 11 12 13 4 5 6 7 8 9 10
10 11 12 13 14 15 16 14 15 16 17 18 19 20 11 12 13 14 15 16 17
17 18 19 20 21 22 23 21 22 23 24 25 26 27 18 19 20 21 22 23 24
24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30
31
Su M Tu W Th F Sa Su M Tu W Th F Sa Su M Tu W Th F Sa
1 1 2 3 4 5 1 2 3
2 3 4 5 6 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10
9 10 11 12 13 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17
16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24
23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31
30 31
HOLIDAYS:
Dec 31 New Year's Day (Observed) Jul 04 Independence Day
Jan 17 Dr. Martin Luther King, Jr. Day Aug 19 Statehood Day
Feb 21 Presidents' Day Sep 5 Labor Day
Ma 25 Prince Jonah Kūhiō Kalanianaole Day Nov 8 Election Day
Apr 15 Good Friday Nov 11 Veterans' Day
May 30 Memorial Day Nov 24 Thanksgiving Day
Jun 10 King Kamehameha I Day Dec 26 Christmas Day (Observed)
July August September
October November December
Board of Ethics 2022 Meeting Calendar
January February March
April May June