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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, 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, October 21, 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. September 16, 2022
E. PUBLIC TESTIMONY
F. COMMUNICATION
G. REQUEST FOR AN ADVISORY OPINION
None
H. BUSINESS
BOE 2022-20 Review, discussion, and possible action regarding Advisory
Opinion for RAO 2022-02.
I. DISCLOSURES
None
J. EXECUTIVE SESSION
ES-012 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
September 16, 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.
PAGE 2
BOARD OF ETHICS – October 21, 2022
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
Next Meeting: Friday, November 18, 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: Charles Foster, Deputy County Attorney
COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Board/Commission: BOARD OF ETHICS Meeting Date September 16, 2022
Location Boards & Commissions Conf. Room/Teleconference Start of Meeting: 1:00 p.m. End of Meeting: 2:18 p.m.
Present Chair Kelly Gentry, Vice Chair John Latkiewicz, 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
Absent
SUBJECT DISCUSSION
ACTION A. Call To Order
B. Roll Call
Chair Gentry called the meeting to
order at 1:00 p.m.
Roll call:
Member Burriss: present
Member Ramos-Benzel: present
Member Toyofuku: present
Secretary de la Pena: present
Vice Chair Latkiewicz: present
Chair Gentry: present
Six members present, which
constituted a quorum.
Board of Ethics Page 2
Open Session
September 16, 2022
SUBJECT DISCUSSION
ACTION
C. Approval of
Agenda
Chair Gentry asked Ellen Ching, Administrator if there was anyone in the audience.
Ms. Ching affirmed and asked if he wanted to testify on any item on the agenda. He declined
and Ms. Ching noted one person in audience and that they did not want to testify on any of the
agenda items.
Chair Gentry entertained a motion to approve the agenda.
Secretary de la Pena moved to accept
the agenda as submitted. Member
Burriss seconded.
Motion carried 6:0
D. Approval of
Minutes
Minutes of the Open Session:
1. August 12, 2022
Chair Gentry entertained a motion to approve the minutes.
Vice Chair Latkiewicz moved to
accept the minutes of 8/12/22 as
submitted. Secretary de la Pena
seconded.
Motion carried 6:0
E. Public
Testimony
None
F. Communication None
G. Request for
Advisory
Opinion
RAO 2022-02 Request for an Advisory Opinion from Chief of Police Todd Raybuck
received July 28, 2022, relating to outside employment requests from four Officers to
work as Private Security Guards.
Administrator Ching reported that the Chief is on vacation and not present at the meeting.
Administrator Ching asked if there was anyone present that wanted to testify on the item.
She noted no one came forward.
Chair Gentry entertained a motion.
Member Burriss requested consultation with Deputy County Attorney Larrimore in an
Executive Session. Chair Gentry agreed.
Board moved into executive session at 1:05pm.
Member Burriss moved to go into
executive session. Secretary de la
Pena seconded.
Motion carried 6:0
Board of Ethics Page 3
Open Session
September 16, 2022
SUBJECT DISCUSSION
ACTION
Board resumed in open session at 1:20pm.
Chair Gentry called for a motion.
Secretary de la Pena moved to defer
RAO 2022-02, item G, to the end of
the agenda. Member Toyofuku
seconded.
Motion carried 6:0
H. Business BOE 2022-19 Update on Candidate disclosure filings.
Anela Segreti, staff, updated the Board on candidate disclosures. She reported that at the
last meeting it was reported that there were two candidates for County Council, Jakki
Nelson and Jeffrey Lindner, that did not file disclosures. She reported that she did send
another email requesting the disclosures and did not receive them, and that the candidates
did not move on to the General Election. All candidates in the General Election have
filed disclosures.
Vice Chair Latkiewicz moved to
receive the report. Member Ramos-
Benzel seconded.
Motion carried 6:0
I. Disclosures Volunteer:
1. Jerry Ornellas, Planning Commission
2. Mai Shintani, Public Access, Open Spaces and Natural
Preservation Fund Commission
3. Shelley Konishi, Civil Service Commission
Candidates:
4. Shirley Simbre-Medeiros, County Council Candidate
Chair Gentry asked if there was anyone with any issues on the 4 disclosures.
Member Burriss commented that on #1 that she doesn’t believe that the Social Security
income may be incorrect. Members stated that they were not aware of the cap, and it is a
possibility so they will accept it.
Member Ramos-Benzel commented that on #4 she did not see any income associated
with Contract work for Dept of Health. Member Burriss stated that she is an Ombudsmen
and does not receive payment for that work.
Chair Gentry entertained a motion to approve disclosures #1-#4.
Member Burriss move to accept #1-
#4. Secretary de la Pena seconded.
Motion carried 6:0
Board of Ethics Page 4
Open Session
September 16, 2022
SUBJECT DISCUSSION
ACTION
J. 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 August 12, 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-011 RAO 2022-02 Pursuant to Hawai’I Revised Statutes §92-4, Statutes §92-5 (a)
(4), the purpose of this Executive Session is for the Board to consult with its attorney on
questions and issues pertaining to the Board’s powers, duties, privileges, immunities,
and/or liabilities as they may relate to RAO-2022-02.
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 Burriss moved to go
into executive session at
1:27pm. Member Ramos-
Benzel seconded.
Motion carried 6:0
K. Return to
Open Session
The Board resumed in Open
Session at 1:47 p.m.
Ratify on Board actions taken in Executive Session. Secretary Ramos-Benzel
moved to ratify the actions
taken by the Board in
Executive Session. Member
de la Pena seconded.
Board of Ethics Page 5
Open Session
September 16, 2022
SUBJECT DISCUSSION
ACTION
Motion carried 6:0
G.Request for
Advisory
Opinion
RAO 2022-02 Request for an Advisory Opinion from Chief of Police Todd Raybuck
received July 28, 2022, relating to outside employment requests from four Officers to
work as Private Security Guards.
Chair Gentry entertained a motion.
Board discussed wording of motion.
Secretary de la Pena moved that the
Board finds that this type of outside
employment does not trigger an
automatic violation of the code of
ethics. Member Ramos-Benzel
seconded.
Motion carried: 6:0
H.Announcements Next Meeting: Friday, October 21, 2022, at 1:00pm
I.Adjournment Hearing no objections Chair Gentry
adjourned the meeting at 2:18 p.m.
Submitted by: Reviewed and Approved by:
Anela Segreti, Administrative Specialist Kelly Gentry, Chair
( ) Approved as circulated.
( ) Approved with amendments. See minutes of
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
BOARD OF
ETHICS COUNTY
OF KAUA‘I
ADVISORY OPINION
RAO 2022-02
The Kaua‘i County Board of Ethics (“Board”), having reviewed a request for an advisory
opinion from Chief of Police Todd G. Raybuck, and having obtained all the information deemed
necessary by the Board to make a proper determination regarding the subject request, renders this
Advisory Opinion (RAO 2022-02) pursuant to the Charter of the County of Kaua‘i and Rule 5 of
the Kaua‘i County Board of Ethics Rules and Regulations.
BACKGROUND
The Board received a request dated July 28, 2022, from Chief Raybuck questioning whether
there would always be a conflict of interest when police officers served as security guards. The Chief
noted that internal KPD policies and the police officers’ collective bargaining agreement (the “CBA”)
allowed officers to engage in outside employment as security guards subject to the conditions and
limitations created by KPD. The Chief also noted that state licensure law as described in HRS §436B,
HRS §463, and HAR Title 16, Chapter 9 appeared to prevent police officers from being able to hold
the requisite license to become security guards.
The Chief suggested that certain aspects of security officer jobs would always create conflict
of interest or fair treatment issues. The Chief noted that while jobs as security guards are specifically
allowed in internal policies and the CBA, security jobs will always conflict with KPD’s policy that
“officers working in outside employment [should] take proper police action on any offense requiring
police attention which could include criminal trespass, theft, and other violations of law.” The Chief
asserted that:
The performance of security/guard duties (i.e., securing premises, monitoring access to properties; and
identifying suspicious activities) are highly likely to result in the direct identification of illegal activity (i.e.,
Criminal Trespass, Theft, etc.) resulting in the need to conduct investigations to validate or dispel
suspected illegal activity. The policy requirement to take police action would reasonably require officers to
"avail themselves" of police equipment, records, and so on. Whereas taking no direct action could be
construed as a violation of department policy and/or dereliction of duties as a security/guard.
BOE 2022-20
Furthermore, the Chief pointed out:
[KPD policy] states employees will "not use their police status, either directly or indirectly, to influence
the outcome of any business transaction". Department policy does not define "business transaction."
However, Merriam-Webster defines a transaction as, "an exchange or transfer of goods, services, or
funds" and, 'a communicative action or activity involving two parties or things that reciprocally affect or
influence each other." An officer retains "police status" (authority) both on and off duty, therefore it could
be argued that the officer could indirectly or directly influence the outcome of a situation or services (business
transaction) while being employed as private security/guard.
Chief Raybuck sought an opinion on whether outside employment as security guards would
always create an ethical issue and therefore lead KPD to always deny requests from police officers
seeking this type of outside employment.
APPLICABLE LAWS
With regard to this request, the Board considered the following provisions of the Kaua‘i
County Charter in rendering this Advisory Opinion:
Section 20.02(C)-(E). No officer or employee of the county shall:
…
C. Acquire financial interest in business enterprises which the officer or employee may be directly
involved in official action to be taken by the officer or employee.
D. Appear on behalf of private interests before any county board, commission, or agency.
E. Use the officer or employee’s official position to secure a special benefit, privilege, or exemption for the
officer or employee or others.
The Board also considered the following provisions of the Kaua‘i County Code in rendering this
Advisory Opinion:
Sec. 3-1.6(a), Fair Treatment, provides,
(a) No Councilmember or employee of the County shall use or attempt to use his or her official position
to secure or grant unwarranted privileges, exemptions, advantages, contracts, or treatment for him
or herself or others, including but not limited to the following:
(1) Seeking other employment or contract for services for him or herself by the use or attempted
use of his or her office or position.
(2) Accepting, receiving, or soliciting compensation or other consideration for the performance
of his or her official duties or responsibilities except as provided by law.
(3) Using County time, equipment or other facilities for private business purposes.
(4) Soliciting, selling, or otherwise engaging in a substantial financial transaction with a
subordinate or person or business whom he or she inspects or supervises in his or her
official capacity.
Sec. 3-1.7(a)-(b), Conflicts of Interest, provides,
(a) No employee shall take any official action directly affecting:
(1) A business or other undertaking in which he or she has a substantial financial interest;
or
(2) A private undertaking in which he or she is engaged as legal counsel, advisor, consultant,
representative, or other agency capacity.
(A) Except that a department head who is unable to disqualify him or herself on any
matter described in Paragraphs (1) and (2) of this Subsection, will not be in
violation of this Subsection if he or she has complied with the disclosure
requirements of Section 3-1.9; and
(B) Except that a member of a board, commission or committee, whose participation is
necessary in order to constitute a quorum to conduct official business on any matter
described in Paragraphs (1) and (2) of this Subsection, will not be in violation of
this Subsection if he or she has complied with the disclosure requirements of Sec. 3-
1.9.
(b) No Councilmember or employee shall acquire financial interests in any business or other
undertaking which he or she has reason to believe may be directly involved in official action to be
taken by him or her.
OPINION
Based on the foregoing Code of Ethics provisions contained in the Kaua‘i County Charter
and Kaua‘i County Code, and taking into account the representations of Chief Raybuck, the Board
finds that this type of outside employment does not trigger an automatic violation of the Code of
Ethics.
The Board finds that there may be some situations where outside employment as security
guards would not create a conflict of interest or fair treatment issue and therefore a bright line rule
prohibiting this type of outside employment in every circumstance would not be appropriate. A
case-by-case analysis that evaluates each outside employment request on its individual likelihood to
create an ethical violation should be conducted rather than the establishment of a general policy
that would deny all employment requests of this type.
With a quorum being present and voting, this opinion was rendered by the Board at its
meeting on September 16, 2022.
Members present and voting:
Concurring: Kelly Gentry, John Latkiewicz, Ryan de la Pena, Susan Burriss, Rose Ramos-Benzel,
Dean Toyofuku.
Dissenting: None
Abstaining: None
Board of Ethics:
___________________________
Kelly Gentry, Chair