HomeMy WebLinkAbout2022_1118_BOE OP Minutes Draft.pdf COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Board/Commission: BOARD OF ETHICS Meeting Date November 18, 2022
Location Boards & Commissions Conf. Room/Teleconference Start of Meeting: 1:00 p.m. End of Meeting: 1:18 p.m.
Present Vice Chair John Latkiewicz, Secretary Ryan de la Pena. Members: Susan Burriss, Rose Ramos-Benzel, Dean Toyofuku. Also: Deputy
County Attorney Charles Foster. Boards & Commissions Office Staff: Administrator Ellen Ching, and Support Clerk Anela Segreti.
Excused Chair Kelly Gentry
Absent
SUBJECT DISCUSSION
ACTION A. Call To Order
B. Roll Call
Vice Chair Latkiewicz 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: excused
Five members present, which
constituted a quorum.
Board of Ethics Page 2
Open Session
November 18, 2022
SUBJECT DISCUSSION
ACTION
C. Approval of
Agenda
Vice Chair Latkiewicz asked Ellen Ching, Administrator if there was anyone in the audience.
Ms. Ching affirmed that there were three people in the audience and asked if they wanted to
testify on any item on the agenda. They declined and Ms. Ching noted three people in audience
and that they did not want to testify on any of the agenda items.
Vice Chair Latkiewicz entertained a motion to approve the agenda.
Secretary de la Pena moved to accept
the agenda as submitted. Member
Ramos-Benzel seconded.
Motion carried 5:0
D. Approval of
Minutes
Minutes of the Open Session:
1. September 16, 2022
Vice Chair Latkiewicz entertained a motion to approve the minutes.
Member Toyofuku moved to accept
the minutes of 9/16/22 as submitted.
Secretary de la Pena seconded.
Motion carried 5:0
E. Public
Testimony
None
F. Communication None
G. Request for
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.
Vice Chair Latkiewicz asked if Mr. Tejada was present.
Mr. Tejada confirmed his presence and stated that he had nothing more to add to his
request.
Vice Chair Latkiewicz asked if any members had any questions. Hearing none he asked
for a motion.
Administrator Ching asked the Board to clarify the motion, as to whether it is specific to
work at regency or in general.
Deputy County Attorney Foster clarified that he or Deputy County Attorney will draft a
letter to Mr. Tejada regarding position.
Member Burriss moved to find no
conflict on Mr. Tejada’s request.
Secretary de la Pena seconded.
Motion carried 5:0
Member Burriss amended the motion
and moved to find no conflict on Mr.
Tejada’s request if he proceeds in
accordance as outlined in his letter.
Secretary de la Pena seconded.
Motion carried 5:0
Board of Ethics Page 3
Open Session
November 18, 2022
SUBJECT DISCUSSION
ACTION
H. Business None
I. Disclosures None
Administrator Ching noted that there is no one in the audience and the Vice Chair did not
have to ask for testimony.
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.
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.
Secretary de la Pena moved to
enter into Executive Session
at 1:11pm. Member
Toyofuku seconded.
Motion carried 5:0
Board of Ethics Page 4
Open Session
November 18, 2022
SUBJECT DISCUSSION
ACTION
K. Return to
Open Session
The Board resumed in Open
Session at 1:17 p.m.
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.
Motion carried 5:0
L. Announcements Next Meeting: Friday, December 16, 2022, at 1:00pm
M. Adjournment Hearing no objections Vice Chair
Latkiewicz adjourned the meeting at
1:18 p.m.
Submitted by: Reviewed and Approved by:
Anela Segreti, Administrative Specialist John Latkiewicz, Vice Chair
( ) Approved as circulated.
( ) Approved with amendments. See minutes of