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Home My WebLink About2022_0408_BOE OP Minutes Approved.pdf COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Approved as submitted 05/20/22. Board/Commission: BOARD OF ETHICS Meeting Date April 8, 2022 Location Boards & Commissions Conference Room, Pi’ikoi Building Start of Meeting: 1:05 p.m. End of Meeting: 1:37 p.m. Present Chair Kelly Gentry, Vice Chair John Latkiewicz. 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 Secretary Ryan de la Pena Absent SUBJECT DISCUSSION ACTION Member Rose Ramos Benzel was sworn into office prior to the meeting. A. Call To Order B. Roll Call Chair Gentry called the meeting to order at 1:05 p.m. Roll call: Member Burriss: present Member Ramos-Benzel: present Member Toyofuku: present Secretary de la Pena: excused Vice Chair Latkiewicz: present Chair Gentry: present Five members present, which constituted a quorum. C. Approval of Agenda Chair Gentry entertained a motion to approve the agenda. Vice Chair Latkiewicz moved to accept the agenda as submitted. Member Toyofuku seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 Board of Ethics Page 2 Open Session April 8, 2022 SUBJECT DISCUSSION ACTION D. Approval of Minutes Open Session Minutes of March 18, 2022 Chair Gentry entertained a motion to accept the minutes as presented. Vice Chair Latkiewicz moved to accept the minutes as presented. Member Toyofuku seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 E. Public Testimony None 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. Member Burriss moved to receive BOE 2022-08. Member Toyofuku seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 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. Member Burriss moved to receive BOE 2022-09. Member Ramos- Benzel seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 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. Member Burriss moved to receive BOE 2022-10. Vice Chair Latkiewicz seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 G. Request for Advisory Opinion None H. Business None Board of Ethics Page 3 Open Session April 8, 2022 SUBJECT DISCUSSION ACTION 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 Administrator Ching stated that there are 22 disclosures and that the Board can take up 11 at a time. Chair Gentry entertained a motion to approve numbers 1-11. Administrator Ching suggested that they may want to start to see if anyone had any Board of Ethics Page 4 Open Session April 8, 2022 SUBJECT DISCUSSION ACTION issues with 1-11. Member Burriss stated that she had a couple of issues. For 10 & 11 both disclosed income from stocks and dividends but did not specify source which could be a conflict. Administrator Ching suggested that they may want to start to see if anyone had any issues with 12-22, except 20 (Rose Ramos-Benzel). Member Burriss stated that number 18 she has the same questions regarding interest and dividends. Member Burriss questioned landlord under income for #21. She is assuming he is the landlord but questioned it. She would like it clarified that he is landlord and receiving rental income. After discussion the Board determined that he is receiving income as the landlord, and no further clarification needed. She went on to number 22 and stated that Mr. Yago did not put NA in several blanks and request that he do so. Member Toyofuku agreed that he did not answer questions for other sections as well Chair Gentry entertained a motion to accept numbers 12-17 and 19. Chair Gentry entertained a motion for numbers 18 and 22. Member Ramos-Benzel recused herself from her disclosure #20. Member Burriss asked Member Ramos-Benzel regarding her independent contractor income and what she does and for whom. Member Ramos-Benzel stated that she recently was hired as an independent contractor to do work for the Kauai Chamber of Commerce. Member Burriss asked if Member Ramos-Benzel could amend her disclosure at the meeting. Member Burriss moved to accept #1- 9. Member Toyofuku seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 Vice Chair Latkiewicz moved to send a letter to #10 and 11 for clarification on source of stocks, dividends, and interests disclosed under income. Member Toyofuku seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 Vice Chair Latkiewicz moved to accept disclosures #12 - #17, #19, #21. Member Toyofuku seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 Member Toyofuku moved to send a letter to #18 and #22 for clarifications. Member Ramos Benzel seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 Board of Ethics Page 5 Open Session April 8, 2022 SUBJECT DISCUSSION ACTION Deputy County Attorney stated that it could be amended, and the Board could accept the disclosure as amended. He did point out that it would normally not be done this way, but it can be. Member Ramos-Benzel amended her employment and creditor sections as she forgot to include her mortgage. Member Burriss moved to approve disclosures #20 as amended. Member Toyofuku seconded. Voice vote: 4 ayes, 0 nays Motion carried 4:0 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 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 1:20 pm. Member Ramos- Benzel seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 K. Return to Open Session The Board resumed in Open Session at 1:34 p.m. Board of Ethics Page 6 Open Session April 8, 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: 5 ayes, 0 nays. Motion carried 5:0 L. Announcements Next Meeting: Friday, May 20, 2022, at 1:00pm Administrator Ching stated that the Office is looking toward offering meetings both virtually as well as in-person, next month. Staff discussed that there may need to be a change in the publication for the public hearing and decided that the May 20 meeting will be in-person due to public hearing. Board members agreed. Vice Chair Latkiewicz stated that he will not be able to attend May 20 meeting. M. Adjournment Chair Gentry adjourned the meeting at 1:37 p.m. Submitted by: Reviewed and Approved by: Anela Segreti, Administrative Specialist Kelly Gentry, Chair (X) Approved as circulated. ( ) Approved with amendments. See minutes of