HomeMy WebLinkAboutBOE_2022_1118_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, 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, November 18, 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
RAO 2022-03 Request for an Advisory Opinion from James (Kimo) Tejada
received on November 7, 2022 relating to outside employment to
do small maintenance repair work.
H. BUSINESS
None
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 – November 18, 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, December 16, 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
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 various motions to be made.
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
November 7, 2022
Kauai Board of Ethics
c/o Office of Boards & Commissions
4444 Rice Street, Suite 300
Lihuʻe, HI 96766
Subject: Request for Ethics Determination
James “Kimo” Tejada, Planning Inspector trainee, County of Kauai Planning
Department
I am a new Planning Inspector for the County of Kauai and currently have an active
general contractor’s license under K. Tejada Construction LLC. This license is a Class B
license which means I am bonded and insured. I have had this license since 2008, and have
constructed new homes, and done renovations on commercial and residential structures on
Kauai, Oahu and the Big Island. The last new home I constructed was in 2011 – I have no
interest or energy doing those anymore.
For the past 3 years, I have not taken or pursued any projects involving this license since
working full time at Home Depot, and before that HPM building supply. Since joining the
County of Kauai on October 3, 2022, I have been getting inquiries regarding maintenance repair
work that requires bonding and insurance of my license. Most recently the Regency at Huleia
inquired if I could do additional maintenance work on their structures consisting of addressing
wood rot, replacing trim, and gutter repair since I did that work for them in 2019. Such repair
work did not, and would not, require permitting from the County Planning Department nor
Public Works-Building division.
•I would like to be able to do small maintenance repair work as mentioned above that
would not in any way affect lot coverage, building setbacks and/or require County
Planning Department or Public Works-Building Division permits. These small
maintenance/repair projects usually required bonding and insurance to ensure that the
repair work is done properly, to construction standards.
•During my County employment, I will not be utilizing my general contractor’s license for
anything else beyond repair/maintenance on Kauai. I will not be advertising nor seeking
such work.
Mahalo nui,
James “Kimo” Tejada
RECEIVEDNOV 7 2022
BOARDS & COMMISSIONS
RAO 2022-03