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HomeMy WebLinkAbout2021_0716_BOE OP Minutes Approved.pdf COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved with corrections 08/13/2021. 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 Vice Chair, Mia Shiraishi, and former 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 there 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. ( X ) Approved with amendments. See minutes of 08/13/2021