HomeMy WebLinkAbout2022_0916_BOE OP Minutes Approved.pdf COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Approved as submitted 11/18/2022.
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
( X ) Approved as circulated.
( ) Approved with amendments. See minutes of