HomeMy WebLinkAboutBOE_2022_0715_Notice_Agenda Packet.pdf
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 TELECONFERENCE MEETING NOTICE AND AGENDA
Friday, July 15, 2022
1:00 p.m. or shortly thereafter
Līhu`e Civic Center
Pi`ikoi Building, Suite 300
4444 Rice Street, Līhu`e, HI 96766
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/3nLGWqD
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: 500119946#
This meeting will be held in-person and via Microsoft Teams conferencing only. Members of
the public are invited to join this meeting by attending the meeting in-person at the address
above or using the link above or calling the number above with the conference ID
information. You may testify in-person or by video conference during the meeting, 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.
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA
D. MINUTES of the meeting of the Open Session
1. June 17, 2022
E. PUBLIC TESTIMONY
F. COMMUNICATION
G. REQUEST FOR AN ADVISORY OPINION
PAGE 2
BOARD OF ETHICS – July 15, 2022
H. BUSINESS
BOE 2022-18 Discussion and possible action on report of 2022 candidate
disclosure filings.
I. DISCLOSURES
Volunteers:
1. Gerald Matsunaga, Liquor Control Commission
2. Tom Shigemoto, Board of Water Supply
3. Lauren O’Leary, Civil Service Commission
4. John Venardos, Salary Commission
Candidates:
5. Michael Roven Poai, Mayoral Candidate
6. Bernard Carvalho, County Council Candidate
7. Rachel Secretario, County Council Candidate
8. Roy Saito, County Council Candidate
J. EXECUTIVE SESSION
ES-008 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
17, 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.
PAGE 3
BOARD OF ETHICS – July 15, 2022
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
Next Meeting: Friday, August 19, 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 June 17, 2022
Location Boards & Commissions Conference Room, Pi’ikoi Building Start of Meeting: 1:07 p.m. End of Meeting: 1:38 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 1:07 p.m.
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.
Member Burriss moved to nominate
Secretary de la Pena Chair Pro Tem
for today’s meeting. Member
Toyofuku seconded.
Motion carried 4:0
Board of Ethics Page 2
Open Session
June 17, 2022
SUBJECT DISCUSSION
ACTION
C. Approval of
Agenda
Secretary de la Pena entertained a motion to approve the agenda.
Member Toyofuku moved to accept
the agenda as submitted. Member
Ramos-Benzel seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
D. Approval of
Minutes
Open Session Minutes of May 20, 2022
Secretary de la Pena entertained a motion to accept the minutes as presented.
Member Toyofuku moved to accept
the minutes as presented. Member
Burriss seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
E. Public
Testimony
None
F. Communication None
G. Request for
Advisory
Opinion
None
H. Business BOE 2022-16 Discussion and possible action regarding Advisory Opinion in response to
RAO 2022-01.
Administrator Ching updated the Board with a communication from Prosecuting
Attorney informing the Board that the individual has left the Prosecuting Attorney’s
office and is therefore withdrawing the request.
Deputy County Attorney Larrimore confirmed that the request has been withdrawn. He
suggested a letter be sent stating that the request had been withdrawn and that the Board
made no findings on the question brought before them as a request.
Secretary de la Pena entertained a motion to accept the withdrawl of RAO 2022-01.
Member Burriss moved to receive the
communication of the withdrawl.
Member Ramos-Benzel seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
Board of Ethics Page 3
Open Session
June 17, 2022
SUBJECT DISCUSSION
ACTION
Member Burriss moved to have DCA
Larrimore draft a letter to the
Prosecuting Attorney advising that
the withdrawl has been accepted and
will not be taking any action on the
request. Member Toyofuku seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
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.
Secretary de la Pena entertained a motion to approve the amendments to Rule 3 of the
Boards 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.
Deputy County Attorney Larrimore suggested that the Board find that the amendment
doesn’t affect small business as it’s a rule that affects County officials and employees.
He suggested that they first make a motion finding that the rules do not affect small
business and then a motion to approve if that is the will of the Board. He clarified that
this applies to rule making.
Member Burriss moved to approve
the amendments to Rule 3. Member
Toyofuku seconded.
Member Burriss moved to withdraw
her motion and Member Toyofuku
withdrew his second.
Member Burriss moved to find that
the amendment will not cause a direct
or indirect affect on small business.
Member Toyofuku seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
Member Burriss moved to approve
the amendments to Rule 3. Member
Toyofuku seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
Board of Ethics Page 4
Open Session
June 17, 2022
SUBJECT DISCUSSION
ACTION
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
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
Secretary de la Pena asked if anyone had any issues with numbers 1-9.
Member Burriss stated that she had questions on #7. There is no response to spouse
name, and source of compensation and truck loan. The numbers were also puzzling.
Secretary de la Pena entertained a motion to accept disclosues 1-6, 8, and 9.
Member Burriss moved to accept
disclosues 1-6, 8, and 9. Member
Ramos-Benzel seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
Member Burriss moved that staff
send a letter to Mr. Poai (#7)
regarding request for further
information or clarification. Member
Ramos-Benzel seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
Board of Ethics Page 5
Open Session
June 17, 2022
SUBJECT DISCUSSION
ACTION
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.
Member Toyofuku moved to
go into executive session at
1:26 pm. Member Burriss
seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
K. Return to
Open Session
The Board resumed in Open
Session at 1:37 p.m.
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
Board of Ethics Page 6
Open Session
June 17, 2022
SUBJECT DISCUSSION
ACTION
L. Announcements Next Meeting: Friday, July 15, 2022, at 1:00pm
Administrator Ching asked the Board if they would like a report on candidates that have
filed disclosures. Stating that all candidates have 7 days to file disclosure and not all
have been received.
Secretary de la Pena asked for report
on candidate filings of disclosures be
added to the agenda.
M. Adjournment Secretary de la Pena adjourned the
meeting at 1:38 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
2022 CANDIDATE
DISCLOSURE FILINGS
Candidate Contest Filed Date of Disclosure Within 7 days of filing
1.Denis, Megeso-William Mayor 05/31/2022 No
2.Kawakami, Derek S.K.Mayor 03/30/2022 04/01/22 Yes
3.Mcpeek, Mitch Mayor 05/13/2022 No
4.Poai, Michael Roven Mayor 05/25/22 05/26/22 Yes
1.Bulosan, Addison County Council 06/07/2022 No
2.Carvalho, Bernard County Council 05/18/2022 06/07/2022 No
3.Cowden, Felicia County Council 04/14/2022 No
4.DeCosta, Billy County Council 05/25/2022 05/27/2022 Yes
5.Evslin, Luke County Council 06/07/2022 No
6.Holland, Fern Anuenue County Council 06/06/2022 No
7.Jauch, Rosemarie County Council 06/03/2022 06/06/2022 Yes
8.Kagawa, Ross County Council 05/11/2022 No
9.Kuali’i, KipuKai County Council 06/01/2022 No
10.Langtad, James County Council 05/05/2022 05/09/2022 Yes
11.Linder, Jeffrey County Council 04/20/2022 No
12.Metzger, Lila Balmores County Council 06/06/2022 No
13.Mukai, Nelson County Council 03/14/2022 03/14/2022 Yes
14.Nelson, Jakki County Council 05/23/2022 No
15.Rapozo, Mel County Council 04/04/2022 04/05/2022 Yes
16.Saito, Roy County Council 06/07/2022 06/17/2022 No
17.Secretario, Rachel M.County Council 06/06/2022 06/10/2022 Yes
18.Simbre-Medeiros, Shirley R.County Council 05/31/2022 No
19.Yago, Clint County Council 03/23/2022 03/28/2022 Yes
BOE 2022-18