HomeMy WebLinkAbout2022_0715_BOE OP Minutes Approved.pdf COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Approved as submitted 8/12/2022.
Board/Commission: BOARD OF ETHICS Meeting Date July 15, 2022
Location Boards & Commissions Conf. Room/Teleconference Start of Meeting: 1:01 p.m. End of Meeting: 1:27 p.m.
Present Chair Kelly Gentry, Secretary Ryan de la Pena. Members: Susan Burriss, Dean Toyofuku. Also: Deputy County Attorney Aaron
Larrimore. Boards & Commissions Office Staff: Administrator Ellen Ching, and Support Clerk Anela Segreti.
Excused Vice Chair John Latkiewicz, Rose Ramos-Benzel.
Absent
SUBJECT DISCUSSION
ACTION A. Call To Order
B. Roll Call
Chair Gentry called the meeting to
order at 1:01 p.m.
Roll call:
Member Burriss: present
Member Ramos-Benzel: excused
Member Toyofuku: present
Secretary de la Pena: present
Vice Chair Latkiewicz: excused
Chair Gentry: present
Four members present, which
constituted a quorum.
Board of Ethics Page 2
Open Session
July 15, 2022
SUBJECT DISCUSSION
ACTION
C. Approval of
Agenda
Chair Gentry asked if anyone wanted to testify on this item. Hearing none Chair Gentry
entertained a motion to approve.
Secretary de la Pena moved to accept
the agenda as submitted. Member
Burriss seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
D. Approval of
Minutes
Chair Gentry asked if anyone wanted to testify on this item. Hearing none Chair Gentry
entertained a motion to approve.
Secretary de la Pena moved to accept
the minutes of 6/17/22 as submitted.
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 2022-18 Discussion and possible action on report of 2022 candidate disclosure
filings.
Chair Gentry asked if anyone wanted to testify on this item. Hearing none, she asked for
the report.
Anela Segreti, staff, went over her report on candidate disclosures submitted to the Board
as part of the agenda packet and noted that two candidates for mayor and ten candidates
for council have not submitted disclosure forms.
Board discussed that there is no penalty for not disclosing.
Deputy County Attorney Larrimore suggested that a courtesy notice be sent to the
Member Burriss moved to have staff
send a reminder email to candidates
needing to file disclosures. Secretary
de la Pena seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
Board of Ethics Page 3
Open Session
July 15, 2022
SUBJECT DISCUSSION
ACTION
candidates to remind them to file their disclosures.
Ms. Segreti stated that she could email the candidates with a link to the online disclosure
to complete.
Chair Gentry entertained a motion to send the candidates a reminder email.
Chair Gentry entertained a motion to accept the report.
Secretary de la Pena moved to accept
the report. Member Burriss seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
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
Chair Gentry asked if anyone wanted to testify on this item.
Member Burriss disclosed that she signed the nomination papers of one of the candidates
that submitted a disclosure. She did not think about the fact that as a Board Member she
is not allowed to campaign for a candidate, and she doesn’t perceive this as campaigning.
She feels that if someone wants to run for office that’s fine and it doesn’t mean she is
voting for them. She stated that she will recuse herself from the vote for that disclosure.
Deputy County Attorney Larrimore stated that the Board needs to decide on that, if she
wants an Advisory Opinion if that would be seen as using her position on the Board of
Ethics helps someone is a violation.
Member Burriss stated that at that point the candidate was not campaigning, and she does
Member Burriss moved to approve
disclosues 1-6, and 8. Secretary de la
Pena seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
Board of Ethics Page 4
Open Session
July 15, 2022
SUBJECT DISCUSSION
ACTION
not feel it was a violation of her duty as a member of the Board.
Administrator Ching clarified that if she recuses herself from that candidate it can be
deferred.
Chair Gentry entertained a motion to approve disclosures #1-#6, and #8.
Chair Gentry entertained a motion to defer #7.
Secretary de la Pena moved to defer
#7. Member Toyofuku seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
J. Executive
Session
Chair Gentry asked if anyone wanted to testify on any executive session item. Hearing
none she asked Administrator Ching to read the Board into 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.
F. Use county property for other than public activity or purpose.
Member Burriss moved to go
into executive session at 1:16
pm. Member Toyofuku
seconded.
Voice vote: 4 ayes, 0 nays
Motion carried 4:0
Board of Ethics Page 5
Open Session
July 15, 2022
SUBJECT DISCUSSION
ACTION
K. Return to
Open Session
The Board resumed in Open
Session at 1:23 p.m.
Ratify on Board actions taken in Executive Session. Secretary de la Pena moved to
ratify the actions taken by the
Board in Executive Session.
Member Burriss seconded.
Voice Vote: 4 ayes, 0 nays.
Motion carried 4:0
L. Announcements Next Meeting: Friday, August 19, 2022, at 1:00pm
Administrator Ching reported that there are changes in law that require that testimony
being asked before every agenda item. She also shared that “hybrid” meetings will be
able to be held.
Board corrected date of next meeting
to August 12, 2022 due to holiday on
August 19, 2022.
M. Adjournment Chair Gentry adjourned the meeting
at 1:27 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