HomeMy WebLinkAbout2021_0319_BOE OP Minutes Approved.pdf COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Approved as submitted 04/16/21.
Board/Commission: BOARD OF ETHICS Meeting Date March 19, 2021
Location Teleconference Start of Meeting: 1:01 p.m. End of Meeting: 2:03 p.m.
Present Chair Susan Burriss, Vice Chair Mia Shiraishi, Secretary John Latkiewicz. Members: Ryan de la Pena, Kelly Gentry, Dean Toyofuku,
Mary Tudela.
Also: Deputy County Attorney Charles Foster. Boards & Commissions Office Staff: Administrator Ellen Ching and
Administrative Specialist Anela Segreti.
Excused Deputy County Attorney Aaron Larrimore
Absent
SUBJECT DISCUSSION ACTION
Call To Order Prior to the start of the meeting, the Board welcomed Ryan de la Pena as their newest
Board Member.
Chair Burriss called the meeting
to order at 1:01 p.m.
Roll call:
Member de la Pena: present
Member Gentry: present
Member Toyofuku: present
Member Tudela: present
Secretary Latkiewicz:present
Vice Chair Shiraishi: present
Chair Burriss: present
Seven members present,
which constituted a quorum.
Approval of
Minutes
Open Session Minutes of February 19, 2021
Member Tudela moved to approve
the minutes of February 19, 2021 as
submitted. Vice Chair Shiraishi
seconded.
Voice Vote:
7 ayes, 0 nays
Motion carried 7:0
Board of Ethics Page 2
Open Session
March 19, 2021
SUBJECT DISCUSSION ACTION
Public Testimony None
Communication BOE 2021-09 2020 Kauai Lobbyist Contributions & Expenditures Statement dated
March 11, 2021 and 2021 Kauai Lobbyist Registration dated March 12, 2021 received
from David Arakawa.
Vice Chair Shiraishi moved to
receive BOE 2021-09. Member
Gentry seconded.
Voice Vote:
7 ayes, 0 nays
Motion carried 7:0
Request for
Advisory Opinion
None
Business BOE 2021-10 Discussion and possible action regarding establishing and defining the
scope of a Permitted Interaction Group (PIG). The purpose of the Permitted Interaction
Group (PIG) would be to recommend an ordinance defining regulatory employees
required to submit a disclosure statement.
Chair Burriss asked for volunteers to serve on the Permitted Interaction Group (PIG).
Member Latkiewicz dropped from meeting at 1:07pm, rejoined at 1:09pm
Member de la Pena dropped from meeting at 1:09pm, rejoined at 1:16pm
Chair Burriss clarified with Administrator Ching on how PIG will be convened and how
many members need to be on the PIG, three (3) or less.
Chair Burriss suggested a group of three (3) and named members de la Pena, Gentry and
Secretary Latkiewicz.
Administrator Ching clarified that a motion is needed to form PIG, name members and
define the scope.
In addition Administrator Ching explained that just defining regulatory employees is not
Member Tudela moved to form
Permitted Interaction Group (PIG)
with Members Ryan de la Pena,
Kelly Gentry and Secretary John
Latkiewicz. Member Toyofuku
seconded.
Voice Vote:
7 ayes, 0 nays
Motion carried 7:0
Member Tudela moved that the
scope of PIG is to draft an
ordinance defining “regulatory
employees” required to submit a
disclosure statement. Vice Chair
Shiraishi seconded.
Member Tudela amended her
motion and moved that the scope of
Board of Ethics Page 3
Open Session
March 19, 2021
SUBJECT DISCUSSION ACTION
the end. There are additional steps that needs to be done for the ordinance to enacted and
codified in the County Code of Ordinances. She stated that the PIG would be working
with Deputy County Attorney Foster on this.
Deputy County Attorney Foster suggested leaving discretion with the PIG in terms of
how they want to proceed.
Chair Burriss asked Boards & Commissions staff to contact PIG members and schedule
meeting and for an update at the next meeting.
PIG is to draft an ordinance
defining “regulatory employees”
required to submit a disclosure
statement and to design the process
for implementation. Vice Chair
Shiraishi re-seconded the amended
motion.
Voice Vote:
7 ayes, 0 nays
Motion carried 7:0
Disclosures Volunteers:
1. Susan Remoaldo, Kauai Historic Preservation Review
Commission
2. Ryan de la Pena, Board of Ethics
Member de la Pena recused himself from #2, Ryan de la Pena.
Member Tudela moved to approve
#1. Member Gentry seconded.
Voice Vote:
7 ayes, 0 nays
Motion carried 7:0
Member Toyofuku moved to
approve #2. Secretary Latkiewicz
seconded.
Voice Vote:
6 ayes, 0 nays, 1 recused
Motion carried 6:0
Executive Session ES-005 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 February 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
Board of Ethics Page 4
Open Session
March 19, 2021
SUBJECT DISCUSSION ACTION
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.
The Board moved into Executive Session at 1:26
Secretary Latkiewicz moved to go
into executive session at 1:26 pm.
Vice Chair Shiraishi seconded.
Voice Vote:
7 ayes, 0 nays
Motion carried 7:0
Return to Open
Session
The Board resumed in Open
Session at 2:00 p.m.
Roll call:
Member de la Pena: present
Member Gentry: present
Member Toyofuku: present
Member Tudela: present
Secretary Latkiewicz:present
Vice Chair Shiraishi: present
Chair Burriss: present
Seven members present, which
constituted a quorum.
Ratify on Board actions taken in Executive Session. Secretary Latkiewicz moved to
ratify actions taken in Executive
Session. Member de la Pena
seconded.
Board of Ethics Page 5
Open Session
March 19, 2021
SUBJECT DISCUSSION ACTION
Voice vote:
7 ayes, 0 nays
Motion carried 7:0
Announcements Chair Burriss announced that it was Member Tudela’s last meeting, stating that she will
be missed.
Member Tudela thanked the Board stating that it’s been a pleasure working with
wonderful people in dealing with sensitive topics with grace, and wished everyone well.
Board members stated thanks. Administrator Ching also thanked Member Tudela for
her service.
Next Meeting: Friday, April 16, 2021 at 1:00pm
Adjournment Member Tudela moved to adjourn
the meeting Member de la Pena
seconded.
Voice vote:
7 ayes, 0 nays
Motion carried 7:0
Meeting adjourned at 2:03 p.m.
Submitted by: Reviewed and Approved by:
Anela Segreti, Administrative Specialist Susan Burriss, Chair
( X ) Approved as circulated.
( ) Approved with amendments. See minutes of