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BOARD OF ETHICS
SUSAN BURRISS, MEMBER ROSE RAMOS-BENZEL, MEMBER DEAN TOYOFUKU, MEMBER
KELLY GENTRY, CHAIR JOHN LATKIEWICZ, VICE CHAIR RYAN de la PENA, SECRETARY
Meetings of the Board of Ethics will be conducted as follows until further notice:
• Meetings will be publicly noticed pursuant to HRS Chapter 92.
• Minutes of meetings will be completed pursuant to HRS Chapter 92 and posted to the
Commission’s website upon completion and approval.
Public Comments and Testimony:
• Written testimony will be accepted for any agenda item herein.
o Written testimony indicating your 1) name, and if applicable, you position/title and
organization you are representing, 2) the agenda item that you are providing comment
on, and 3) contact information (telephone number and email address), may be
submitted to asegreti@kauai.gov or mailed to the Board of Ethics, c/o Office of Boards
and Commission, 4444 Rice Street, Suite 300, Lihue, Hawaii 96766.
o Written testimony received by the Board of Ethics at least 24 hours prior to the meeting
will be distributed to all Board of Ethics Members prior to the meeting.
o Any testimony received after this time and up to the start of the meeting will be
summarized by the Clerk of the Board during the meeting and added to the record
thereafter.
o Any late testimony received will be distributed to the to the members after the meeting
is concluded.
o
• Oral testimony will be taken during the public testimony portion of the meeting.
o It is recommended that anyone interested in providing oral testimony register at least 24
hours prior to the meeting by emailing asegreti@kauai.gov or calling (808) 241-4917. Any
request to register shall include your 1) name, and if applicable, your position/title and
organization you are representing, and 2) the agenda item that you are providing
comment on, and 3) contact information (telephone number and email address).
o Per the Board of Ethics’s and Chairs practice, there is three-minute time limit per testifier
per agenda item.
o Individuals who have not registered to provide testimony will be given an opportunity to
speak on an agenda item following the registered speaker.
SPECIAL ASSISTANCE
IF YOU NEED AN AUXILIARY AID/SERVICE, OTHER ACCOMMODATION DUE TO A DISABILITY, OR AN
INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS PLEASE CONTACT THE OFFICE OF BOARDS AND
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 ALTERNATIVE FORMATS SUCH AS LARGE PRINT, BRAILLE, OR ELECTRONIC
COPY.
BOARD OF ETHICS
SUSAN BURRISS, MEMBER ROSE RAMOS-BENZEL, MEMBER DEAN TOYOFUKU, MEMBER
KELLY GENTRY, CHAIR JOHN LATKIEWICZ, VICE CHAIR RYAN de la PENA, SECRETARY
REGULAR MONTHLY MEETING NOTICE AND AGENDA
Friday, June 17, 2022
1:00 p.m. or shortly thereafter
Līhu`e Civic Center
Pi`ikoi Building, Suite 300
4444 Rice Street, Līhu`e, HI 96766
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA
D. MINUTES of the meeting of the Open Session
1. May 20, 2022
E. PUBLIC TESTIMONY
F. COMMUNICATION
G. REQUEST FOR AN ADVISORY OPINION
H. BUSINESS
BOE 2022-16 Discussion and possible action regarding Advisory Opinion in
response to RAO 2022-01.
BOE 2022-17 Discussion, possible action, and possible approval of The Kaua‘i
County Board of Ethics (the “Board”) proposal to amend Rule 3 of
the Board’s Rules and Regulations to expand the categories of
individuals required to file disclosures as well as to clarify that the
disclosures of regulatory employees are not open for public
inspection.
I. DISCLOSURES
Employees:
1. Leo Sandoval-Reyes, Director Liquor Control Department
2. John Berry, Investigator, Liquor Control Department
3. Lawrence Stem, Investigator, Liquor Control Department
4. Reid Yoshida, Investigator, Liquor Control Department
5. Kenneth Herman, Investigator, Liquor Control Department
PAGE 2
BOARD OF ETHICS – June 17, 2022
Volunteers:
6. Mark Ono, Public Access, Open Spaces and Natural Resources
Preservation Fund Commission
Candidates:
7. Michael Roven Poai, Mayoral Candidate
8. Bill DeCosta, County Council Candidate
9. Rosemarie Jauch, County Council Candidate
J. EXECUTIVE SESSION
ES-007 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 May
20, 2022, 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-002 BOE 2022-01 Pursuant to Hawai‘i Revised Statutes §92-4 and §92-5 (a) and (2)
and (4), the purpose of this Executive Session is for discussion and
possible action on 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.
K. RETURN TO OPEN SESSION
Ratify on Board actions taken in Executive Session.
L. ANNOUNCEMENTS
PAGE 3
BOARD OF ETHICS – June 17, 2022
Next Meeting: Friday, July 15, 2022, at 1:00 p.m.
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
in
COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
.
Board/Commission: BOARD OF ETHICS Meeting Date May 20, 2022
Location Boards & Commissions Conference Room, Pi’ikoi Building Start of Meeting: 1:06 p.m. End of Meeting: 2:37 p.m.
Present Secretary Ryan de la Pena. Members: Susan Burriss, Rose Ramos-Benzel, Dean Toyofuku. Also: Deputy County Attorney Aaron
Larrimore. Boards & Commissions Office Staff: Administrator Ellen Ching, and Support Clerk Anela Segreti.
Excused Chair Kelly Gentry, Vice Chair John Latkiewicz.
Absent
SUBJECT DISCUSSION
ACTION A. Call To Order
B. Roll Call
Chair Kelly Gentry and Vice Chair John Latkiewicz are excused from today’s meeting
and Secretary de la Pena called the meeting to order and called for nominations of a
Chair Pro Tem for the meeting.
Secretary de la Pena called the
meeting to order at 1:06 p.m.
Member Burriss moved to nominate
Secretary de la Pena Chair Pro Tem
for today’s meeting. Member
Ramos-Benzel seconded.
Motion carried 4:0
Roll call:
Member Burriss: present
Member Ramos-Benzel: present
Member Toyofuku: present
Secretary de la Pena: present
Vice Chair Latkiewicz: excused
Chair Gentry: excused
Four members present, which
constituted a quorum.
Board of Ethics Page 2
Open Session
May 20, 2022
SUBJECT DISCUSSION
ACTION
C. Public
Hearing
BOE 2022-11 The Kaua‘i County Board of Ethics (the “Board”) has proposed to amend
Rule 3 of the Board’s Rules and Regulations to expand the categories of individuals
required to file disclosures as well as to clarify that the disclosures of regulatory
employees are not open for public inspection. (Published in The Garden Island 4/17/22)
The Public Hearing opened at 1:09am by Secretary de la Pena. It was noted that there
were no testimonies received by email, snail mail or phone, and no members of the
public were present.
Deputy County Attorney Aaron Larrimore gave an overview of the proposed changes to
Rule 3 (Disclosures) to bring it in line with the County Charter and County Code (on
file).
The Public Hearing was closed at 1:13pm.
None
D. Approval of
Agenda
Secretary de la Pena entertained a motion to approve the agenda.
Member Burriss moved to accept the
agenda as submitted. Member
Toyofuku seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
E. Approval of
Minutes
Open Session Minutes of April 8, 2022
Secretary de la Pena entertained a motion to accept the minutes as presented.
Member Toyofuku moved to accept
the minutes as presented. Member
Ramos-Benzel seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
F. Public
Testimony
None
G. Communication BOE 2022-12 Possible conflict of interest and recusal dated April 21, 2022, from
Councilmember Luke A. Evslin on ES-1073, relating to an Executive Session Briefing
and Request for Settlement Authority.
Member Burriss moved to receive
BOE 2022-12 for the record.
Member Toyofuku seconded.
Board of Ethics Page 3
Open Session
May 20, 2022
SUBJECT DISCUSSION
ACTION
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
BOE 2022-13 Possible conflict of interest and recusal dated May 12, 2022, from
Commissioner Jan TenBruggencate, Vice Chair Charter Review Commission, on CRC
2022-05, relating to a proposed charter amendment to remove Article XXX relating to
the Electric Power Authority.
Member Toyofuku moved to receive
BOE 2022-13 for the record.
Member Ramos-Benzel seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
BOE 2022-14 Possible conflict of interest and recusal dated May 13, 2022, from
Commissioner Francis DeGracia, Vice Chair Planning Commission, relating to
application for CLASS IV ZONING PERMIT (Z-IV-2022-8), USE PERMIT (U-2022-
8) AND SPECIAL PERMIT (SP-2022-1).
Member Toyofuku moved to receive
BOE 2022-14 for the record.
Member Ramos-Benzel seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
H. Request for
Advisory
Opinion
RAO 2022-01 Request for an Advisory Opinion from the Office of the Prosecuting
Attorney received May 13, 2022, relating to an Outside Employment Request from Eric
Bilcich to work as a Civil Process Server for No Ka Oi Process Serving which he owns.
Member Burriss stated that she does not find any conflict in the request.
Member Toyofuku asked Counsel for advice, stating that he does not know what it entails
to be a server, but as he reads it, he is employed by Office of Prosecuting Attorney, and
questioned if there would be a conflict, if he had to serve someone in the County,
The Board continued a discussion of what the parameters of his job, and criminal vs. civil
complaints. He is serving criminal complaints while working for County and is it okay
for him to serve civil complaints on his off time.
Administrator Ching shared a State Ethics Commission opinion on a case involving a
State investigator working as a private investigator (on file).
Deputy County Attorney suggested that if they jobs involved more than process serving
than the Board needs to look into it a little more. He discussed with Board about how
process servers may be used by the County and what situations may constitute a conflict.
Member Burriss moved to approve
request as no conflict for purpose of
discussion. Member Toyofuku
seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
Member Burriss withdrew her
motion to approve request as no
conflict for purpose of discussion.
Member Toyofuku withdrew his
second.
Member Burriss moved to deny the
request as presented with suggestion
that if he wishes to reapply as to the
scope of his clientele the Board will
look at it again. Member Ramos-
Benzel seconded.
Board of Ethics Page 4
Open Session
May 20, 2022
SUBJECT DISCUSSION
ACTION
The Board discussed the need for more information.
After motion made to deny, it was withdrawn noting that there was time to defer this item
and request more information and the presence of the prosecutor at the next meeting.
Member Burriss withdrew her
motion to deny the request as
presented with suggestion that if he
wishes to reapply as to the scope of
his clientele the Board will look at it
again. Member Ramos-Benzek
withdrew her second.
Member Toyofuku moved to defer
RAO 2022-01 and request for more
information and request the presence
of the prosecutor. Member Burriss
seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
I. Business None
J. Disclosures Employees:
1. Patrick Henriques, Inspector, Planning Department
2. Stacy Iwasaki, Assistant Chief Liquor Inspector
3. Jennifer Winn, Deputy Prosecuting Attorney
4. Keola Siu, First Deputy Prosecuting Attorney
Volunteers:
5. Howard Leslie, Salary Commission
6. Jerry Nishihira, Board of Review
7. Robin Pratt, Public Access, Open Spaces and Natural
Resources Preservation Fund Commission
Candidates:
8. Derek Kawakami, Mayor
9. Melvin Rapozo, County Council
Board of Ethics Page 5
Open Session
May 20, 2022
SUBJECT DISCUSSION
ACTION
10. Clint Yago, County Council
11. James Langtad, County Council
Secretary de la Pena entertained a motion to accept numbers 1-11.
Member Toyofuku moved to accept
#1-11. Member Burriss seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
K. Executive
Session
ES-006 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 April 8, 2022, 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-002 BOE 2022-01 Pursuant to Hawai‘i Revised Statutes §92-4 and §92-5 (a) and (2)
and (4), the purpose of this Executive Session is for discussion and possible action on 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.
Member Ramos-Benzel
moved to go into executive
session at 1:51 pm. Member
Burriss seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
L. Return to
Open Session
The Board resumed in Open
Session at 2:37 p.m.
Board of Ethics Page 6
Open Session
May 20, 2022
SUBJECT DISCUSSION
ACTION
Ratify on Board actions taken in Executive Session. Member Burriss moved to
ratify the actions taken by the
Board in Executive Session.
Member Toyofuku seconded.
Voice Vote: 4 ayes, 0 nays.
Motion carried 4:0
M. Announcements Next Meeting: Friday, June 17, 2022, at 1:00pm
N. Adjournment Secretary de la Pena adjourned the
meeting at 2:37 p.m.
Submitted by: Reviewed and Approved by:
Anela Segreti, Administrative Specialist Ryan de la Pena, Secretary
( ) Approved as circulated.
( ) Approved with amendments. See minutes of