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HomeMy WebLinkAboutBOE_2022_0121_Notice_Agenda-Packet.pdf BOARD OF ETHICS SUSAN BURRISS, MEMBER MIA SHIRAISHI, MEMBER DEAN TOYOFUKU, MEMBER KELLY GENTRY, CHAIR JOHN LATKIEWICZ, VICE CHAIR RYAN de la PENA, SECRETARY REGULAR MONTHLY TELECONFERENCE MEETING NOTICE AND AGENDA Friday, January 21, 2022 1:00 p.m. or shortly thereafter Microsoft Teams Conferencing Information Click on the link below or enter the url in your network browser to join on your computer or mobile app by VIDEO: https://bit.ly/33lrVVV Or Dial phone number and enter conference ID to call in and join by AUDIO: Phone: +1 469-848-0234 United States, Dallas Phone Conference ID: 830798834# This meeting will be held via Microsoft Teams conferencing only. Members of the public are invited to join this meeting by using the link above or calling the number above with the conference ID information. You may testify during the video conference or submit written testimony in advance of the meeting via e-mail or mail. To avoid excessive noise/feedback, please mute your microphone except to testify. A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meeting of the Open Session 1. December 17, 2021 E. PUBLIC TESTIMONY F. COMMUNICATION None G. REQUEST FOR AN ADVISORY OPINION None PAGE 2 BOARD OF ETHICS – January 21, 2022 H. BUSINESS BOE 2021-32 Discussion and possible action on implementation of the new ordinance regarding disclosure statements. BOE 2021-34 Discussion and possible action on revisions to Board Rules and Regulations. BOE 2021-35 Discussion and possible action on a disclosure/fine schedule. I. DISCLOSURES None J. EXECUTIVE SESSION ES-001 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 December 17, 2021, 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. K. RETURN TO OPEN SESSION Ratify on Board actions taken in Executive Session. PAGE 3 BOARD OF ETHICS – January 21, 2022 L. ANNOUNCEMENTS Next Meeting: Friday, February 18, 2022, at 1:00 p.m. M. ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes §92-7(a), the Board may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to HRS §92-4 and shall be limited to those items described in HRS §92-5(a). Discussions held in Executive Session are closed to the public. cc: Aaron Larrimore, Deputy County Attorney PUBLIC COMMENTS and TESTIMONY SPEAKER REGISTRATION Prior to the Day of the Meeting: Persons wishing to testify are requested to register their name, phone number, and agenda item via email at asegreti@kauai.gov; or by calling 808-241-4917. On the Day of the Meeting: Persons who have not registered to testify by the time the Commission meeting begins will be given the opportunity to speak on an item following oral testimonies of registered speakers. Each speaker is limited to a three-minute presentation on each item. WRITTEN TESTIMONY Prior to the Day of the Meeting: Testimony may be emailed: asegreti@kauai.gov, or mailed: County of Kauai, Office of Boards and Commissions, Board of Ethics, 4444 Rice St., Ste. 300, Lihue, HI 96766. Pursuant to HRS § 92-7.5, at the time the board packet is distributed to the Board of Ethics, the board packet will be available for inspection at the Office of Boards and Commissions (4444 Rice Street, Suite 300, Līhu‘e, Hawai‘i 96766). Please contact at (808) 241-4917 or asegreti@kauai.gov to request access. PAGE 4 BOARD OF ETHICS – January 21, 2022 SPECIAL ASSISTANCE IF YOU NEED AN AUXILIARY AID/SERVICE OR OTHER ACCOMMODATION DUE TO A DISABILITY, OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS, PLEASE CONTACT THE OFFICE OF BOARDS & COMMISSIONS AT (808) 241-4917 OR ASEGRETI@KAUAI.GOV AS SOON AS POSSIBLE. REQUESTS MADE AS EARLY AS POSSIBLE WILL ALLOW ADEQUATE TIME TO FULFILL YOUR REQUEST. UPON REQUEST, THIS NOTICE IS AVAILABLE IN ALTERNATE FORMATS SUCH AS LARGE PRINT, BRAILLE, OR ELECTRONIC COPY. COUNTY OF KAUAI Minutes of Meeting OPEN SESSION . Board/Commission: BOARD OF ETHICS Meeting Date December 17, 2021 Location Teleconference Start of Meeting: 1:04 p.m. End of Meeting: 2:17 p.m. Present Chair Susan Burriss, Vice Chair Mia Shiraishi, Secretary John Latkiewicz. Members: Ryan de la Pena, Dean Toyofuku. Also: Deputy County Attorney Aaron Larrimore. Boards & Commissions Office Staff: Administrator Ellen Ching joined at 1:34pm, and Support Clerk Anela Segreti. Excused Kelly Gentry Absent SUBJECT DISCUSSION ACTION Call To Order Chair Burriss called the meeting to order at 1:04 p.m. Roll call: Member de la Pena: present Member Gentry: excused Member Toyofuku: present Secretary Latkiewicz: present Vice Chair Shiraishi: present Chair Burriss: present Five members present, which constituted a quorum. Approval of Minutes Open Session Minutes of November 19, 2021 Chair Burriss entertained a motion to accept the minutes as presented. Secretary Latkiewicz moved to accept the minutes as presented. Member de la Pena seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 Board of Ethics Page 2 Open Session December 17, 2021 SUBJECT DISCUSSION ACTION Public Testimony None Communication None Request for Advisory Opinion None Business BOE 2021-32 Discussion and possible action on implementation of the new ordinance regarding disclosure statements. Deputy County Attorney Larrimore had nothing to add, pointed out that Board is charged with enforcing the Code of Ethics along with Mayor and County Council. Board will accomplish the new ordinance through Boards and Commissions staff. Ellen is working on moving forward and should be the one to speak on it. Chair Burriss entertained a motion to defer. Vice Chair Shiraishi moved to defer BOE 2021-32. Member de la Pena seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 BOE 2021-33 Discussion and possible action on changes to the disclosure statement form. Anela Segreti, staff, stated to Board that she and Administrator has reviewed form and after discussion feel that it is fine as is. Chair Burriss entertained a motion to approve changes to the disclosure statement form. Secretary Latkiewicz moved to approve the disclosure statement form as presented. Member Toyofuku seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 BOE 2021-34 Discussion and possible action on revisions to Board Rules and Regulations. Deputy County Attorney Larrimore asked the Board to consider a review of the Rules and Regulations of the Board of Ethics. He pointed out that the current Rules and Regulations were adopted on October 15, 2009, and on March 11, 2010, adoptive rules were adopted. In his time advising he’s looked at the documents and feels that there are some opportunities to update. Moving forward they can look at them by forming a Board of Ethics Page 3 Open Session December 17, 2021 SUBJECT DISCUSSION ACTION Permitted Interaction Group (PIG), discuss by adding an agenda item to each meeting. He will work with Boards and Commissions staff to present Board with new language to review and decide whether they want to move forward with the revisions. This would take a series of meetings, then if changes were decided upon, the rule making process would follow and it would take several meetings to complete if the Board wants to move forward. Chair Burriss asked if any member had a particular provision that they would like changed. Not hearing any, she asked Deputy County Attorney Larrimore when he thought they would need to be updated. Deputy County Attorney Larrimore replied that he thought a small compliance matter would be to update disclosure to mirror the language in the ordinance. Also looking at Rules 6, 7, and 8 regarding complaint and hearing process are contemporary with other Boards of Ethics in the State. Chair Burriss stated that some of our rules are breach with other counties in the State, yet some have vastly more lengthy rules on a number of those subjects. She thinks that it would be worthwhile to submit a menu of things that Deputy County Attorney Larrimore suggest being looked at. Deputy County Attorney Larrimore agreed. Vice Chair Shiraishi stated that she remembers over the years that they wished Board Rules were a little more specific. She thinks that some areas are quite vague and leaves it open to interpretation, she would like it to have been tightened up and more specific. She noted that she and Member Toyofuku after attending a conference a couple of years ago felt that our Rules were more vague than other Counties. She agreed that it would be good to have Deputy County Attorney Larrimore review them and maybe a smaller group like a PIG because it seems like a project. Deputy County Attorney Larrimore said that he’s happy to present, like Chair mentioned, a sort of menu of options that he thinks they can sort of incorporate with either a PIG or the full board and maybe create a more detailed road map that the Board can take a look at and decide from there whether they want to move forward. Board of Ethics Page 4 Open Session December 17, 2021 SUBJECT DISCUSSION ACTION Chair Burriss agreed and stated that she’s a little bit hesitant because of the timing to form a PIG right now with a changing of the guard. Ms. Segreti reminded the Board that to establish a PIG it needs to be an agenda item and could not be done today. Chair Burriss entertained a motion to direct Deputy County Attorney Larrimore to go ahead with bringing a menu of Rules to be considered by the Board for changes. Secretary Latkiewicz moved to have Deputy County Attorney Larrimore go ahead with bringing a menu of Rules to be considered by the Board for changes. Vice Chair Shiraishi seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 BOE 2021-35 Discussion and possible action on a disclosure/fine schedule. Chair Burriss asked what had happened in the past if there was a formal presentation. Ms. Segreti stated that she found a presentation from former Deputy County Attorney Nicholas Courson but did not find any other. Member Toyofuku stated that he remembered something from former Deputy County Attorney Maryann Sasaki. He thinks they took some action on it. He continued that the fine schedule and ordinance for the regulatory employees went hand in hand, they were started at the same time. He questions what they will do if they need to fine someone, there is no fine schedule. He believes that part of the issue was that there is not an appeal process for the Board of Ethics, so if someone is fined, how do they appeal. He believes it may go along with suggestions on revisions to the Rules and Regulations. He remembers that they were on their way, but that it was just forgotten so he asked for the agenda item. Chair Burriss remembers reading and seeing information, but not anything proposed for the Boards approval. Ms. Segreti researched past agendas and minutes and did find a memo from former Deputy County Attorney Maryann Sasaki. Board of Ethics Page 5 Open Session December 17, 2021 SUBJECT DISCUSSION ACTION Member Toyofuku remembered that they acted on it. Deputy County Attorney Larrimore asked if Ms. Sasaki was working on an ordinance? Member Toyofuku replied that he didn’t think it was an ordinance. He thinks it was maybe an amendment to the Rules. Ms. Segreti reviewed minutes and found that it was received in June 2019 and deferred every meeting after that through 2019 and Ms. Sasaki left the County, and nothing further was done. Board discussed having Deputy County Attorney Larrimore review what was presented by Ms. Sasaki. Deputy County Attorney Larrimore stated that he would review it, but may have a different opinion, and get back to the Board. He stated that there are different was to accomplish a fee schedule, ordinance, Charter amendment, Rules, etc. He wants to look at what he may advise and may continue as a separate agenda item, incase it does not fold into the Rules package. Chair Burriss entertained a motion to defer. Member Toyofuku moved to defer BOE 2021-35 to the next meeting. Member de la Pena seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 BOE 2021-36 Discussion and possible approval of the 2022 meeting calendar. Hearing no comments Chair Burriss entertained a motion to approve the 2022 meeting calendar. Secretary Latkiewicz moved to approve the 2022 meeting calendar. Vice Chair Shiraishi seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 BOE 2021-37 Election of Chair, Vice Chair and Secretary for Calendar Year 2022. Chair Burriss entertained a nomination of a Chair for 2022. Member de la Pena nominated Vice Chair Shiraishi. Board of Ethics Page 6 Open Session December 17, 2021 SUBJECT DISCUSSION ACTION Vice Chair Shiraishi stated that she will be on just for another three months. Member de la Pena nominated Member Gentry who was excused and not present at the meeting. Chair Burriss stated that she could refuse and they will need to nominate in January. Chair Burriss entertained nominations for Vice Chair for 2022. Vice Chair Shiraishi nominated Secretary John Latkiewicz. Secretary Latkiewicz accepted the nomination. Chair Burriss entertained nomination for Secretary for 2022. Member Toyofuku nominated Member Ryan de la Pena. Member de la Pena accepted the nomination. Member de la Pena nominated Member Gentry who was excused and not present at the meeting for Chair. Member Toyofuku seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 Vice Chair Shiraishi nominated Secretary John Latkiewicz for Vice Chair. Member Toyofuku seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 Member Toyofuku nominated Secretary John Latkiewicz for Vice Chair. Vice Chair Shiraishi seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 Disclosures Employee: 1. Felicia Cowden, Councilmember 2. Lori Koga, Charter Review Commission 3. Leo Sandoval, Director, Liquor Control Department 4. Alfredo Garces, Fire Commission 5. Beverly Gotelli, Civil Service Commission 6. Francis Kaawa, Civil Service Commission 7. V. Pamai Cano, Civil Service Commission 8. Donna Apisa, Planning Commission 9. Shaylene Iseri, Candidate, Prosecuting Attorney 10. Katherine Otsuji, Board of Review Member de la Pena moved to approve Disclosures 1-10. Vice Chair Shiraishi seconded. Voice vote: 5 ayes, 0 nays Motion carried 5:0 Board of Ethics Page 7 Open Session December 17, 2021 SUBJECT DISCUSSION ACTION Executive Session ES-020 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 19, 2021, 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-004 BOE 2021-08 Pursuant to Hawai‘i Revised Statutes §92-4 and §92-5 (a) and (2) and (4), the purpose of this Executive Session is for the Board to discuss 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 Toyofuku moved to go into Executive Session at 1:45 p.m. Member de la Pena seconded. Voice Vote: 5 ayes, 0 nays. Motion carried 5:0 Return to Open Session The Board resumed in Open Session at 2:15 p.m. Roll call: Member de la Pena: present Member Gentry: excused Member Toyofuku: present Secretary Latkiewicz:present Vice Chair Shiraishi: present Chair Burriss: present Board of Ethics Page 8 Open Session December 17, 2021 SUBJECT DISCUSSION ACTION Five members present, which constituted a quorum. Ratify on Board actions taken in Executive Session. Vice Chair Shiraishi moved to ratify the actions taken by the Board in Executive Session. Member de la Pena seconded. Voice Vote: 5 ayes, 0 nays. Motion carried 5:0 Announcements Next Meeting: Friday, January 21, 2022, at 1:00pm Vice Chair Shiraishi’s last month is March 2022. Chair Burriss clarified that her term ends December 31, 2022, and wished everyone a Happy Holidays. Adjournment Hearing no objections Chair Burriss adjourned the meeting at 2:17 p.m. Submitted by: Reviewed and Approved by: Anela Segreti, Administrative Specialist Susan Burriss, Chair ( ) Approved as circulated. ( ) Approved with amendments. See minutes of