HomeMy WebLinkAbout2022_1216_BOE OP Minutes Approved1.pdfCOUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Approved as submitted 01/20/2023.
Board/Commission: BOARD OF ETHICS Meeting Date December 16, 2022
Location Boards & Commissions Conf. Room/Teleconference Start of Meeting: 1:02 p.m. End of Meeting: 1:37 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 Charles Foster. Boards & Commissions Office Staff: Administrator Ellen Ching (arrived at
1:20 p.m.), 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 1:02 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
December 16, 2022
SUBJECT DISCUSSION
ACTION
C. Approval of
Agenda
For the record Chair Gentry asked if anyone was in the audience to provide testimony.
Anela Segreti, staff, confirmed no one was present in the audience.
Chair Gentry entertained a motion to approve the agenda.
Member Toyofuku moved to accept
the agenda as submitted. Member
Burriss seconded.
Motion carried 6:0
D. Approval of
Minutes
Minutes of the Open Session:
1. November 18, 2022
Chair Gentry entertained a motion to approve the minutes.
Secretary de la Pena moved to accept
the minutes of 11/18/22 as submitted.
Member Ramos-Benzel seconded.
Motion carried 6:0
E. Public
Testimony
None
F. Communication None
G. Request for
Advisory
Opinion
None
H. Business BOE 2022-21 Discussion and possible action regarding Advisory Opinion in response
to RAO 2022-03.
Board reviewed response (on file) and discussed handling responses. They discussed that
it be handled as in the past, once the decision is made staff will have Chair sign and send
out response.
No action.
BOE 2022-22 Election of Chair, Vice Chair and Secretary for 2023 Calendar year.
Member Ramos-Benzel moved to
elect Vice Chair Latkiewicz as Chair
for the 2023 calendar year. Secretary
de la Pena seconded.
Board of Ethics Page 3
Open Session
December 16, 2022
SUBJECT DISCUSSION
ACTION
Motion carried 6:0
Member Burriss moved to elect
Secretary de la Pena as Vice Chair for
the 2023 calendar year. Member
Toyofuku seconded.
Motion carried 6:0
Secretary de la Pena moved to elect
Member Ramos-Benzel as Secretary
for the 2023 calendar year. Member
Burriss seconded.
Motion carried 6:0
BOE 2022-23 Discussion and possible approval of the 2023 meeting schedule.
Discussion of meetings remaining as third Friday of each month at 1pm with exception
of August, meeting will be on second Friday due to holiday on third Friday.
Member Toyofuku moved to approve
the 2023 meeting schedule. Secretary
de la Pena seconded.
Motion carried 6:0
I. Disclosures Employees:
1. Bernard Carvalho, Jr., Councilmember
2. Bill DeCosta, Councilmember
3. Felicia Cowden, Councilmember
4. Lyndon Yoshioka, Deputy County Clerk
5. KipuKai Kuali’i, Councilmember
6. Addison Bulosan, Councilmember
7. Ellen Ching, Administrator, Boards & Commissions
Volunteers:
8. Glenda Nogami Streufert, Planning Commissioner
9. Julie Caspillo, Board of Review Member
10. Lee Gately, Kauai Historic Preservation Review Commissioner
11. Paul Endo, Liquor Control Commissioner
12. Mary Kay Hertog, Police Commissioner
Member Burriss moved to approve
Disclosures #1, 3-11. Member
Toyofuku seconded.
Motion carried 6:0
Vice Chair Latkiewicz moved to
return Disclosures #2 and 12 for
more clarification.
Motion carried 6:0
Board of Ethics Page 4
Open Session
December 16, 2022
SUBJECT DISCUSSION
ACTION
Member Burriss noted:
#2 did not include income for employment with DOE,
#6 there is no dates in Section VIII regarding representation before government agencies,
#7 Section VIII not all dates where completed, may have run off of copy. Ms. Ching
explained that all happened in 2017 which is noted, but there wasn’t enough space for all
agencies,
#11 did not give source of the annuity,
#12 did not give source of income.
Board discussed these and made decisions on which need to be sent back.
Member Burriss moved to return
Disclosures #2 and #12 for missing
information.
Motion carried 6:0
J. Executive
Session
ES-013 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 November 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.
Secretary de la Pena moved to
enter into Executive Session
at 1:22pm. Member
Toyofuku seconded.
Motion carried 6:0
Board of Ethics Page 5
Open Session
December 16, 2022
SUBJECT DISCUSSION
ACTION
K. Return to
Open Session
The Board resumed in Open
Session at 1:35 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.
Motion carried 6:0
L. Announcements Next Meeting: Friday, January 20, 2023, at 1:00pm
Administrator Ching announced that it was Chair Gentry’s last meeting and thank her for
her service to the Board.
M. Adjournment Hearing no objections Chair Gentry
adjourned the meeting at 1:37 p.m.
Submitted by: Reviewed and Approved by:
Anela Segreti, Administrative Specialist John Latkiewicz, Chair
( X ) Approved as circulated.
( ) Approved with amendments. See minutes of