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HomeMy WebLinkAbout2022_0408_BOE 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 Charter Review Commission 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 Charter Review Commission, c/o Office of Boards and Commission, 4444 Rice Street, Suite 300, Lihue, Hawaii 96766. o Written testimony received by the Charter Review Commission at least 24 hours prior to the meeting will be distributed to all Charter Review Commissioners 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 Commission 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 Charter Review Commission’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, April 8, 2022 1:00 p.m. or shortly thereafter Līhu`e Civic Center Pi`ikoi Building, Suite 300 4444 Rice Street, Līhu`e, HI 96766 OATH OF OFFICE FOR BOARD OF ETHICS MEMBER ROSE RAMOS-BENZEL PARTIAL TERM ENDING ON DECEMBER 31, 2022. A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meeting of the Open Session 1. March 18, 2022 E. PUBLIC TESTIMONY F. COMMUNICATION BOE 2022-08 Possible conflict of interest dated March 23, 2022, from Council Chair Arryl Kaneshiro relating to Bill No. 2851, the Mayor's proposed Operating Budget for Fiscal Year 2022-2023 - appropriations for Kaua`i Soil Conservation. BOE 2022-09 Possible conflict of interest dated March 23, 2022, from Council Vice Chair Mason Chock relating to Bill No. 2851, the Mayor's proposed Operating Budget for Fiscal Year 2022-2023 - appropriation for Leadership Development & Training. BOE 2022-10 Possible conflict of interest dated March 23, 2022, from Councilmember KipuKai Kuali'i relating to Bill No. 2851, the Mayor's proposed Operating Budget for Fiscal Year 2022-2023 - appropriation for Sexual Assault/Domestic Violence Community Program. G. REQUEST FOR AN ADVISORY OPINION None PAGE 2 BOARD OF ETHICS – April 8, 2022 H. BUSINESS None I. DISCLOSURES Employees: 1. Mike Hubbard, Tax Manager 2. Luke Evslin, Councilmember 3. Wendy Takemoto, Procurement Specialist V 4. Leo Sandoval-Reyes, Director of Liquor Control Department 5. Tyler Saito, Deputy Prosecuting Attorney 6. Jared Brickey, Deputy Prosecuting Attorney 7. Rebecca Like, Prosecuting Attorney 8. Matthew Arakawa, Deputy Prosecuting Attorney 9. Henry Ross, Deputy Prosecuting Attorney 10. Keola Siu, First Deputy Prosecuting Attorney 11. Jennifer Winn, Deputy Prosecuting Attorney 12. Robert Christensen, Deputy Prosecuting Attorney 13. Todd Dickerson, Deputy Prosecuting Attorney 14. Tracy Murakami, Deputy Prosecuting Attorney 15. Troy Tanigawa, Acting County Engineer 16. Taj Leone, Building Inspector Volunteers: 17. Coty Trugillo, Charter Review Commissioner 18. Jerry Nishihira, Board of Review Member 19. Monica Belz, Police Commissioner 20. Rose Ramos-Benzel, Board of Ethics Member Candidates: 21. Nelson Mukai, County Council 22. Clint Yago, County Council J. EXECUTIVE SESSION ES-005 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 March 18, 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 PAGE 3 BOARD OF ETHICS – April 8, 2022 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, May 20, 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 March 18, 2022 Location Teleconference Start of Meeting: 1:00 p.m. End of Meeting: 1:50 p.m. Present Chair Kelly Gentry, Vice Chair John Latkiewicz, Secretary Ryan de la Pena. Members: Susan Burriss, Mia Shiraishi, 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 & alone Member Shiraishi: present & alone Member Toyofuku: present & alone Secretary de la Pena: present & alone Vice Chair Latkiewicz: present & alone Chair Gentry: present & alone Six members present, which constituted a quorum. C. Approval of Agenda Chair Gentry entertained a motion to approve the agenda. Member Burriss moved to accept the agenda as submitted. Vice Chair Latkiewicz seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Board of Ethics Page 2 Open Session March 18, 2022 SUBJECT DISCUSSION ACTION D. Approval of Minutes Open Session Minutes of February 18, 2022 Chair Gentry entertained a motion to accept the minutes as presented. Member Burriss moved to accept the minutes as presented. Secretary de la Pena seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 E. Public Testimony None F. Communication None G. Request for Advisory Opinion None H. Business None I. Disclosures Employees: 1. Ernest Barreira, Assistant Chief Procurement Officer 2. Romio Idica, Planner IV 3. Alan Clinton, Administrative Planning Officer 4. Nalani Brun, Director, Office of Economic Development 5. Marie Williams, Planning Program Manager 6. Shelea Blackstad, Planner I 7. Rebecca Like, Acting Prosecuting Attorney 8. Daniel Urwiler, Program Administrative Officer II 9. Kristi Mahi, Procurement and Specifications Specialist IV 10. Celia Wooton-Mahikoa, Executive on Transportation 11. Patrick Henriques, Planning Inspector II 12. Leonard Peters, Assistant Executive on Transportation 13. Stanley Olsen, Deputy Chief of Police 14. Scott Shibuya, Construction Inspector III 15. Leolynne Escalona, Code Enforcement Officer Secretary de la Pena moved to approve disclosures #1-#6, #8-#10, & #12. Vice Chair Latkiewicz seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Member Burriss moved to send a letter to #7 asking to update disclosure with current office. Vice Chair Latkiewicz seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Board of Ethics Page 3 Open Session March 18, 2022 SUBJECT DISCUSSION ACTION 16. Joan Ludington, Planning Inspector III 17. Leslie Milnes, Planning Inspector 18. Joseph Perreira Jr, Construction Inspector III 19. Chad Yamamoto, Supervising Construction Inspector 20. Jeremy Lee, Vehicle Registration and Licensing Manager 21. Aaron Larrimore, Deputy County Attorney 22. Marissa Valenciano, Planner IV 23. Brayden Munar, Building Inspector 24. Michael Moule, Civil Engineer VII 25. Taj Leone, Building Inspector 26. Ryan Koga, Electrical Inspector 27. Vaughn Fernandez, Plumbing Inspector 28. Michael Laureta, Planning Program Manager 29. Leo Sandoval-Reyes, Director of Liquor Control 30. Leonard Rapozo, Program Administrative Officer I 31. Francis Layaoen, Supervising Electrical Inspector 32. Kaaina Hull, Planning Director 33. Leonora Kaiaokamalie, Planner VI 34. Ludvina Takahashi, County Executive on Aging 35. Sixto Agoto Jr., Senior Building Inspector 36. Juanito Rabaino, Building Inspector 37. Kenneth Estes, Planner V 38. Thomas Matsuyoshi, Supervising Plumbing Inspector 39. Dustin Moises, Civil Engineer VI 40. Michelle Lizama, Deputy Director 41. Andres Emayo, Planning Inspector III 42. Donald Fujimoto, Civil Engineer VI 43. Hope Stem, Procurement and Specifications Specialist IV 44. Ronson Valdez, Building Inspector 45. Stanford Lau, Plumbing Inspector 46. Myles Hironaka, Planner VII Volunteers: 47. Bronson Bautista, Charter Review Commissioner 48. Jeffrey Iida, Civil Service Commissioner Member Burriss moved to send a letter to #11 asking to include last name of spouse. Member Shiraishi seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Secretary de la Pena moved to approve disclosures #13-#17, #19- #24. Member Shiraishi seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Member Burriss moved to send a letter to #18 asking to include income in Section III. Member Shiraishi seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Member Burriss moved to approve disclosures #26-#29, #31-#36. Member Toyofuku seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Member Burriss moved to send a letter to #25 asking to clarify commercial fishing business in Sections III and IV. Secretary de la Pena seconded. Board of Ethics Page 4 Open Session March 18, 2022 SUBJECT DISCUSSION ACTION Chair Gentry explained that the Board will be reviewing the disclosures in groups of 12. She entertained a motion for numbers 1-12. Board discussed numbers 1-12. Chair Gentry entertained a motion for numbers 13-24. Board discussed numbers 13-24. Chair Gentry entertained a motion for numbers 25-36. Board discussed numbers 25-36. Chair Gentry entertained a motion for numbers 37-48. Board discussed numbers 37-48. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Member Burriss moved to send a letter to #30 asking to clarify $2000 noted in Section IV. Secretary de la Pena seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Secretary de la Pena moved to approve disclosures #37-#40, #42- #43, and #46-#48. Member Shiraishi seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Member Burriss moved to send a letter to #41 asking to note name of Creditor in Section VI. Member Shiraishi seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Member Burriss moved to send a letter to #44 asking to check the second box and note position and department in Section I. Member Shiraishi seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Board of Ethics Page 5 Open Session March 18, 2022 SUBJECT DISCUSSION ACTION Member Burriss moved to send a letter to #45 asking to check the second box and note position and department in Section I and note income for each source noted in Section III. Member Shiraishi seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 J. Executive Session ES-003 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 February 18, 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. Vice Chair Latkiewicz moved to go into executive session at 1:34pm. Secretary de la Pena seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Board of Ethics Page 6 Open Session March 18, 2022 SUBJECT DISCUSSION ACTION K. Return to Open Session The Board resumed in Open Session at 1:40 p.m. Roll call: Member Burriss: present & alone Member Shiraishi: present & alone Member Toyofuku: present & alone Secretary de la Pena: present & alone Vice Chair Latkiewicz: present & alone Chair Gentry: present & alone Six members present, quorum. Ratify on Board actions taken in Executive Session. Secretary de la Pena moved to ratify the actions taken by the Board in Executive Session. Vice Chair Latkiwicz seconded. Voice Vote: 6 ayes, 0 nays. Motion carried 6:0 L. Announcements Next Meeting: Friday, April 8, 2022, at 1:00pm Public Hearing: Friday, May 20, 2022, at 1:30pm Administrator Ching announced that this meeting will be in person. She noted that the goal is to offer both virtual and in-person in the near future. Administrator Ching announced that this Member Shiraishi’s last meeting and highlighted work and accomplishments made during her terms, and thanked her for her service. Member Shiraishi stated how proud she is of the group and excited for them to keep going. Board of Ethics Page 7 Open Session March 18, 2022 SUBJECT DISCUSSION ACTION Administrator Ching announced that new member, Rose Ramos Benzel, will be starting in April. M. Adjournment Chair Gentry adjourned the meeting at1:50 p.m. Submitted by: Reviewed and Approved by: Anela Segreti, Administrative Specialist Kelly Gentry, Chair ( ) Approved as circulated. ( ) Approved with amendments. See minutes of COUNry COUNCIL Arryl Kaneshiro, Chair Mason K. Chock. Vice Chair Bernard P. Carvalho. Jr. Felicia Cowden Bill Decosta Luke A. Evslin KipuKai Kuali'i TO: FROM: March23.2O22 Members of the Kaua'i County Council Arryl Kaneshiro, Council Chair /K OFI.-ICE OF THE COUNTY CI-ERK Jade K. Fountain-Tanigawa. County Clerk Scon K. Sato. Deputy County Clerk Telephoue: (808)2414188 Facsimile: (E08)241-6349 E-mail: cokcouncil@kauai.gov BECETVED MAR 2 3 2022 BOAFDS & COi,LrlSSlONS RE:POSSIBLE CONFLICT OF INTEREST REI.ATING TO BILL NO. 2851, THE MAYOR'S PROPOSED OPERATING BUDGET FOR FISCAL YE.AR 2022-2023 _ APPROPRIATION FOR KAUA'I SOIL CONSERVATION Pursuant to Section 20.04@) of the Kaua'i County Charter, Section 3-1.9 of the Kaua'i County Code 1987, as amended, and Rule No. 8 of the Rules of the Council of the County of Kaua'i, I hereby provide written disclosure on the record of a possible conflict of interest relating to BilI No. 2851, the Mayor's Proposed Operating Budget for Fiscal Year 2O22-2023 regarding the appropriation to Kaua'i SoiI Conservation in the Department of Public Works - Administration, Grant-In-Aid, as I am a Director for the East Kaua'i Soil & Water Conservation District. In light of the above, I wiII recuse myself from the aforementioned items during the Fiscal Year 2022-2023 Departmental Budget Reviews, Budget Call-Backs, and Decision-Making, related to these items, and any subsequent meeting thereafter related to these items. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. JA:dmc cc: April 6, 2022 Counctl Meeting Agenda County of Kaua'i Board of Ethics Council Services Staff Fiscal Year 2022-2023 Budget File AN EQUAL OPPORTUNITY EMPLOYER Council Services Division 4396 fuce Street. Suite 209 Lihu'e. Kaua'i. Hawai'i 96?66 MEMORANDUM BOE 2022-08 COT,INTY COUNCIL Arryl Kaneshiro. Chair Mason K. Chock. Vice Chair Bemard P. Carvalho. Jr. Felicia Cowden Bill Decosta Luke A. Evslin KipuKai Kuali'i OFFTCE OF THE COUNTY CI,ERK Jade K. Fountain-Tadgawa, County Clerk Scott K. Sato, Deputy County Clerk Telephone: (808)241-4188 Facsimile: (808)241-6349 E-mail: cokcouncil@kauai.gov TO Council Services Division 4396 tuce Street. Suite 209 Lihu'e, Kaua'i, Hawal'i 96'766 BECENEO March23,2O22 MAR 2 3 2022 BO ROS A COI,$IE$ONS ArryI Kaneshiro, Council Chair and Members of the Kaua'i County Council FROM: Mason K. Chock, Council Vice Chair RE:POSSIBLE CONFLICT OF INTEREST RELATING TO BILL NO. 2851, THE MAYOR'S PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2022-2023 _ APPROPRIATION FOR LEADERSHIP DEVELOPMENT & TRAINING In light of the above, I will recuse myself from the aforementioned items during the Fiscal Year 2022-2023 Departmental Budget Reviews, Budget Call-Backs, and Decision-Making, related to these items, and any subsequent meeting thereafter related to these items. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. JA:dmccc: April 6, 2022 Council Meeting Agenda County of Kaua'i Board of Ethics Council Services Staff Fiscal Year 2022-2023 Budget File AN EQUAL OPPORTLTNITY EMPLOYER MEMORANDUM Pursuant to Section 20.04(8) of the Kaua'i County Charter, Section 3-1.9 of the Kaua'i County Code 1987, as amended, and Rule No. 8 of the Rules of the Council of the County of Kaua'i, I hereby provide written disclosure on the record of a possible conflict of interest relating to BiII No. 2851, the Mayor's Proposed Operating Budget for Fiscal Year 2022-2023 regarding the appropriation for Leadership Development & Training in the Office of the Mayor - Administration, as I am a volunteer and facilitator for the annual Leadership Kaua'i adult class. Additionally, Leadership Kaua'i and my company, Kupu a'e Leadership Development, are partners in leadership initiatives on Kaua'i. BOE 2022-09 COLINTY COUNCIL Arryl Kaneshto, Chair Mason K. Chock. Vice Chair Bernard P. Carvalho. Jr. Felicia Cowden Bill Decosta Luke A. Evslin KipuKai Kuali'i OFFICE OF THE COUNTY CLERK Jade K. Fountain-Tanigawa, County Clerk Scott K. Sato. Deputy County Clerk Telephone: (E08)241-4188 Facsimile : (808) 241-6349 E-mail: cokcouncil@kauai.gov Coutrcil S€rvices Division 4396 tuce Street. Suite 209 Lihu'e, Kaua'i, Hawaii 96766 MEMORANDUM NECEIIE MAR 2 3 2022 BOAmS & @nrfls8ao s March 23,2022 TO:Arryl Kaneshiro, Council Chair and Members of the Kaua'i County Council FROM: KipuKaiKuali'i,Councilmember RE: Pursuant to Section 20.04(8) of the Kaua'i County Charter, Section 3-1.9 of the Kaua'i County Code 1987, as amended, and Rule No. 8 of the Rules of the Council of the County of Kaua'i, I hereby provide written disclosure on the record of a possible conflict of interest relating to Bill No. 2851, the Mayor's Proposed Operating Budget for Fiscal Year 2022-2023 regarding the appropriation to Sexual Assault/Domestic Violence Community Program in the Offrce of Economic Development - Administration, Grant-In-Aid, as I am the Director of Operations for the YWCA. The YWCA may be a potential applicant for these funds. In light of the above, I will recuse myself from the aforementioned items during the Fiscal Year 2022-2023 Departmental Budget Reviews, Budget Call-Backs, and Decision-Making, related to these items, and any subsequent meeting thereafter related to these items. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. JA:dmccc: April 6, 2O22 CowcTl Meeting Agenda County of Kaua'i Board of Ethice Council Services Staff Fiscal Year 2022-2023 Budget FiIe AN EQUAI OPPORTUNITY EMPLOYER POSSIBLE CONFLICT OF INTEREST RELATING TO BILL NO. 2851, THE MAYOR'S PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2022-2023 _ APPROPRIATION FOR SEXUAL ASSAULT / DOMESTIC VIOLENCE COMMUNITY PROGRAM BOE 2022-10