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HomeMy WebLinkAboutBOE_2022_0218_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 On November 29, 2021, Governor David Y. Ige issued an Emergency Proclamation, which continued the suspension of Hawai‘i Revised Statutes (HRS) Chapter 92, relating to Public Agency Meetings and Records (also known as the Sunshine Law) as it pertained to the COVID-19 Response. HRS Chapter 92 was suspended to the extent necessary to enable boards to conduct business in-person or through remote technology without any board members or members of the public physically present in the same location. In addition, on December 29, 2021, Governor Ige issued a proclamation suspending HRS 92-3.7 to suspend the requirement to have at least one meeting location that is open to the public. Meetings of the Board of Ethics will be conducted as follows until further notice: • Meetings will be publicly noticed pursuant to HRS Chapter 92. • In-person meetings will be closed to the public to be consistent with social distancing practices. • Board of Ethics Members, Department and/or Boards and Commission Staff, parties to agenda items, and resource individuals may appear via the Microsoft Teams remote technology. • If any major and insurmountable technical difficulties are encountered during the meetings, the Board of Ethics will continue all matters and reconvene at the next scheduled Board of Ethics Meeting. • Minutes of meetings will be completed pursuant to HRS Chapter 92 and posted to the Board of Ethics ’s website upon completion and approval. Public Comments and Testimony: • Written testimony: The Board of Ethics will accept written testimony for any agenda item herein. Written testimony indicating your 1) name, and if applicable, you position/title and organization you are representing, 2) the agenda item that you are providing comment on, and 3) contact information (telephone number and email address), may be submitted to asegreti@kauai.gov or mailed to the Board of Ethics , c/o Office of Boards and Commission, 4444 Rice Street, Suite 300, Lihue, Hawaii 96766. Written testimony received by the Board of Ethics at least 24 hours prior to the meeting will be distributed to all Board of Ethics Members prior to the meeting. Any testimony received after this time and up to the start of the meeting will be summarized by the Clerk of the Commission during the meeting and added to the record thereafter. Any late testimony received will be distributed to the to the members after the meeting is concluded. • Oral testimony will be taken during the public testimony portion of the meeting via Microsoft Teams remote technology platform. o Anyone interested in providing oral testimony must register at least 24 hours prior to the meeting by emailing asegreti@kauai.gov or calling (808) 241-4917. Any request to register shall include your 1) name, and if applicable, your position/title and organization you are representing, and 2) the agenda item that you are providing comment on, and 3) contact information (telephone number and email address). o It shall be the responsibility of the testifier to join the meeting through the Microsoft Teams link provided on the posted agenda to provide their testimony. In addition, it shall be the responsibility of the testifier to ensure that the Microsoft Teams software is downloaded and operational prior to the meeting. o The testifier’s audio and video shall be disabled until it is your turn to testify. o Per the Board of Ethics ’s and Chairs practice, there is three-minute time limit per testifier. o Individuals who have not registered to provide testimony will be given an opportunity to speak on an agenda item following the registered speakers. o If there are temporary technical glitches during your turn to testify, we may have to move on to the next person due to time constraints; we appreciate your understanding. SPECIAL ASSISTANCE IF YOU NEED AN AUXILIARY AID/SERVICE, OTHER ACCOMMODATION DUE TO A DISABILITY, OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS PLEASE CONTACT THE OFFICE OF BOARDS AND 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 ALTERNATIVE FORMATS SUCH AS LARGE PRINT, BRAILLE, OR ELECTRONIC COPY. 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, February 18, 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/3uR3MBI 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: 362443348# 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. January 21, 2022 E. PUBLIC TESTIMONY F. COMMUNICATION BOE 2022-02 Letter from County Clerk Jade Fountain-Tanigawa dated February 1, 2022, regarding the 2021 County of Kaua'i Lobbyist Registration. G. REQUEST FOR AN ADVISORY OPINION None PAGE 2 BOARD OF ETHICS – February 18, 2022 H. BUSINESS BOE 2022-03 Update and discussion on implementation of disclosures for regulatory employees. BOE 2022-04 Discussion and possible action regarding the initiation of rulemaking to change Rule 3 of “Disclosure Requirements” the Kaua`i County Board of Ethics Rules and Regulations to bring it into alignment with the Kaua`i County Charter and Kaua`i County Code. BOE 2022-05 Discussion and possible action regarding establishing and defining the scope of a Permitted Interaction Group (PIG). The purpose of the Permitted Interaction Group (PIG) would be to do a thorough review of the rules and provide amendments. BOE 2022-06 Discussion and possible action regarding establishing and defining the scope of a Permitted Interaction Group (PIG). The purpose of the Permitted Interaction Group (PIG) would be to review a proposed fine schedule and present a proposed fine schedule. I. DISCLOSURES Employee: 1. Arryl Kaneshiro, Councilmember 2. Rodney Yama, Fire Commissioner 3. Andrew Bestwick, Police Commissioner J. EXECUTIVE SESSION ES-003 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 January 21, 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. PAGE 3 BOARD OF ETHICS – February 18, 2022 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. L. ANNOUNCEMENTS Next Meeting: Friday, March 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 COUNTY OF KAUAI Minutes of Meeting OPEN SESSION . Board/Commission: BOARD OF ETHICS Meeting Date January 21, 2022 Location Teleconference Start of Meeting: 1:03 p.m. End of Meeting: 2:43 p.m. Present Chair Kelly Gentry, Vice Chair John Latkiewicz, Secretary Ryan de la Pena. Members: Susan Burriss, Mia Shiraishi, 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 Call To Order Vice Chair Latkiewicz chaired today’s meeting. Vice Chair Latkiewicz called the meeting to order at 1:03 p.m. Roll call: Member Burriss: present & alone Member Shiraishi: present & alone Member Toyofuku: present & alone Secretary de la Pena: present & alone Vice Chair Latkiewicz: present & alone Chair Gentry: present with 5yo son Owen Gentry Six members present, which constituted a quorum. Approval of Agenda Member Shiraishi moved to accept the agenda as submitted. Secretary de la Pena seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Board of Ethics Page 2 Open Session January 21, 2022 SUBJECT DISCUSSION ACTION Approval of Minutes Open Session Minutes of December 17, 2021 Vice Chair Latkiewicz entertained a motion to accept the minutes as presented. Member Shiraishi moved to accept the minutes as presented. Secretary de la Pena seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 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. Administrator Ching stated that the staff are holding off on implementation pending the other agenda items and have the whole package before moving forward is her understanding. Deputy County Attorney Larrimore stated that there was an interest of the Board to have a fine schedule with the disclosure, but that is not something that could have a quick turnaround. He went on to say that it could be discussed later but may want to see new law implemented before fine schedule. Administrator Ching asked if at a minimum the rules should be in place adding the regulatory employees, and secondarily the fine schedule. Deputy County Attorney Larrimore does not know that the rule adding the regulatory employees is necessary to implementation. Member Toyofuku stated that he would be comfortable with moving ahead with Board of Ethics Page 3 Open Session January 21, 2022 SUBJECT DISCUSSION ACTION implementation. Deputy County Attorney Larrimore suggested that they discuss the next two items and then strategize on implementation. The Board moved on to next item. Board returned to this item after completing motions on BOE 2021-34 and BOE 2021-35. Deputy County Attorney Larrimore clarified that though you don’t want to be out of sync with Rules, there is a Charter Amendment and Ordinance that would trump the Rules and recommends implementation and make steps to amend Rule as soon as possible. Administrator Ching suggested that the Board move for staff to move forward with implementation. Member Burriss moved for staff to move forward with implementation of the new ordinance by sending out emails to those stated in the ordinance to file disclosures. Member de la Pena seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 BOE 2021-34 Discussion and possible action on revisions to Board Rules and Regulations. Deputy County Attorney Larrimore went over memo (on file) regarding revisions to the Board Rules and Regulations. The memo sets out a schedule of research, review, and suggestions of rules to change. This would be a lengthy process over a year to thoroughly look at rules and move to public rule making process, adaptation, and finalization. If they want to make one or two small changes to the rules to be in concert with the new legislation, they could start that this month. Member Burriss stated that the rules have been rather bare boned and questioned how involved they want to get into this other than fine schedule. Board of Ethics Page 4 Open Session January 21, 2022 SUBJECT DISCUSSION ACTION Administrator Ching stated that they do need to update where it says who must file a disclosure. She stated that it has been problematic on the process of complaints and believes more clarity would be guidance to the Board. Member Shiraishi stated that she thinks that the aligning the rules with the new Charter Amendment should be done now, and that the rest of the rules could be done later and procedural guidance in the rules would be helpful. Administrator Ching suggested that the Board could look at establishing a Permitted Interaction Group (PIG) to look at a deep dive. Member Burriss asked if rules could be clearer to the general public. Administrator Ching stated that there could be a preamble created that mimics the language in the Charter, but that may not be clear to all. A solution could be developing a brochure that could describe the role of the Board. Vice Chair Latkiewicz entertained a motion to amend the Board’s Rules and Regulations. Chair Burriss clarified that they could pluck out the things that need immediate attention and then do a deeper dive. Deputy County Attorney responded that they could do it simultaneously, two rounds of rulemaking, first round would make minimal changes to harmonize with new legislation and move forward with those changes, then a second round with a deeper dive. Could do it concurrently, begin to do research, but then do the first round now, or can stack up and do first round and then second round. Member Shiraishi moved to amend the Board’s Rules and Regulations and to start by taking a surgical approach and then doing a deeper dive. Member Buriss seconded. Member Shiraishi amended her motion and moved to amend the Ethic’s Rules to comply with the new Board of Ethics Page 5 Open Session January 21, 2022 SUBJECT DISCUSSION ACTION ordinance. Member Burriss seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Member Toyofuku moved to place the formation of a PIG (Permitted Interaction Group) to do a thorough review of the rules and provide amendments on the next agenda. Voice vote: 6 ayes, 0 nays Motion carried 6:0 BOE 2021-35 Discussion and possible action on a disclosure/fine schedule. Deputy County Attorney Larrimore reminded the Board that there was some work done on a fine schedule that would go along with disclosures. He has done research on what was previously done and recommends that the Board rethink what exactly they are looking to achieve. Depending on what they may want to do would determine what they would need to work on. The Board discussed when to file, annually or upon hire or appointment and when there are changes. Concerns about volume of disclosures and having the resources for policing and reviews. Staff shared the practice of sending an email out annually reminding people to file if new and to refile if there is any changes. Member Burriss moved to place on the next agenda to form a PIG to review a proposed fine schedule and present a proposed fine schedule. Chair Gentry seconded. Voice vote: 6 ayes, 0 nays Motion carried 6:0 Board of Ethics Page 6 Open Session January 21, 2022 SUBJECT DISCUSSION ACTION Disclosures None. 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-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. ES-005 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 the Board to discussion the Status Report on the investigation of 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. Secretary de la Pena moved to go into Executive Session at 2:03 p.m. Member Toyofuku seconded. Voice Vote: 6 ayes, 0 nays. Motion carried 6:0 Board of Ethics Page 7 Open Session January 21, 2022 SUBJECT DISCUSSION ACTION Return to Open Session The Board resumed in Open Session at 2:40 p.m. Roll call: Member Burriss: present Member Shiraishi: present Member Toyofuku: present Secretary de la Pena: present Vice Chair Latkiewicz: present Chair Gentry: present Six members present, which constituted a quorum. Ratify on Board actions taken in Executive Session. Member Burriss moved to ratify the actions taken by the Board in Executive Session. Secretary de la Pena seconded. Voice Vote: 6 ayes, 0 nays. Motion carried 6:0 Announcements Next Meeting: Friday, February 18, 2022, at 1:00pm Adjournment Secretary de la Pena moved to adjourn the meeting at 2:43 p.m. Member Shiraishi seconded. Submitted by: Reviewed and Approved by: Anela Segreti, Administrative Specialist John Latkiewicz, Vice Chair ( ) Approved as circulated. ( ) Approved with amendments. See minutes of AN EQUAL OPPORTUNITY EMPLOYER COUNTY COUNCIL OFFICE OF THE COUNTY CLERK Arryl Kaneshiro, Chair Mason K. Chock, Vice Chair Jade K. Fountain-Tanigawa, County Clerk Bernard P. Carvalho, Jr. Scott K. Sato, Deputy County Clerk Felicia Cowden Bill DeCosta Luke A. Evslin Telephone: (808) 241-4188 KipuKai Kuali‘i Facsimile: (808) 241-6349 E-mail: cokcouncil@kauai.gov Council Services Division 4396 Rice Street, Suite 209 Līhu‘e, Kaua‘i, Hawai‘i 96766 February 1, 2022 Kelly Gentry, Chair and Members of the Board of Ethics c/o Office of Boards & Commissions 4444 Rice Street, Suite 150 Līhu‘e, Hawai‘i 96766 Dear Chair Gentry and Members of the Board of Ethics: RE: 2021 COUNTY OF KAUA‘I LOBBYIST REGISTRATION Ordinance No. 999, Relating to the Registration of Lobbyists was adopted by the Council of the County of Kaua‘i on second and final reading on March 23, 2016 and approved by the Mayor on March 30, 2016. Pursuant to Ordinance No. 999, all lobbyists must file a Lobbyist Registration Statement with the Office of the County Clerk, as early as possible, but no later than five (5) days after engaging in lobbying. Lobbyists must also file a Lobbyist Contributions & Expenditures Statement on or before January 31st of each year, which shall cover the period from January 1 st through December 31st of the previous year. This letter is to notify you that as of December 31, 2021, the following lobbyists have submitted their Lobbyist Registration Statement and remain active: 1.ARAKAWA, David (Land Use Research Foundation of Hawai‘i) 2.BELLES, Michael J. (CIRI Land Development Company) 3.BELLES, Michael J. (Hawai‘i Electrician’s Market Enhancement Program) 4.BELLES, Michael J. (Island School) 5.BELLES, Michael J. (PRW Princeville Development Company LLC) 6.BRODY, Bev (Get Fit Kaua‘i / Hawai‘i Public Health Institute) 7.BUI, Tami T. (Turo) 8.BUKOSKI, Kika G. (Plumber and Fitters UA Local 675) 9.CHIN, Douglas S. (Princeville at Hanalei Community Association) 10. CLAY, Murray Richard (Ulupono Initiative) 11. COCHRANE, Mark A. (EAN Holdings, LLC) 12. COOKE, Jesse K. (Ulupono Initiative) 13. COX, John (Kaua‘i Island Utility Cooperative) 14. CUP CHOY, Daniel Joseph Kulani (Turo) RECEIVEDFEB 01 2022 BOARDS & COMMISSIONS BOE 2022-02 Kelly Gentry, Chair and Members of the Board of Ethics Re: 2021 County of Kaua‘i Lobbyist Registration February 1, 2022 Page 2 15. DELAUNAY, Christopher M. (Pacific Resource Partnership) 16. DEMELLO, Keith Anthony (Ulupono Initiative) 17. FREDERICK, Anne C. (Hawai‘i Alliance for Progressive Action (H.A.P.A.)) 18. GAUG, Kevan Greg (Ulupono Initiative) 19. GRAHAM, JR., Max W. J. (Lorence H. Leight and Brit Momaday-Leight, Trustees) 20. GRAHAM, JR., Max W. J. (PRW Princeville Development Company LLC) 21. GRAHAM, JR., Max W. J. (SOF-XI Kaua‘i PV Golf, L.P.) 22. HENNESSEY, Amy Melinda (Ulupono Initiative) 23. HOLLAND, Fern Anuenue (Hawai‘i Alliance for Progressive Action (H.A.P.A.)) 24. ILI, Brandon (Hawai‘i Operating Engineers Industry Stabilization Fund) 25. IOSUA, Michael L. (American Resort Development Association (ARDA)) 26. IOSUA, Michael L. (Marriott Vacations Worldwide) 27. ITO, Mihoko E. (EAN Holdings, LLC) 28. JUNG, Ian K. (SOF-XI Kaua‘i PV Golf, L.P.) 29. JUNG, Ian Kawika (Hawai‘i Electrician’s Market Enhancement Program) 30. JUNG, Ian Kawika (PRW Princeville Development Company LLC) 31. KEFALAS, Theodore (Grassroot Institute of Hawai‘i) 32. KENT, Joseph (Grassroot Institute of Hawai‘i) 33. KINNEY, Nathaniel K. (Hawai‘i Regional Council or Carpenters) 34. KOBAYASHI, Ryan (Hawai‘i Laborers’ Union) 35. LUM, Lori Ann C. (Avis Budget Group) 36. MILLER, Maile S. (Princeville at Hanalei Community Association) 37. MUNEKATA, Micah-Seth K. (Ulupono Initiative) 38. OUE, Evan K. (American Resort Development Association (ARDA)) 39. OUE, Evan K. (Marriott Vacations Worldwide) 40. PERRIELLO, Mark L. (Kaua‘i Chamber of Commerce) 41. PRATT, David W. (Island School) 42. RIETOW, Allan S. (The Nature Conservancy) 43. ROONEY, Kathleen King (Ulupono Initiative) 44. RUIZ, Samantha N. (Ulupono Initiative) 45. SAIKI, Valerie Kei (Hawai‘i Public Health Institute) 46. SOQUENA, Eugene Paul (Hawai‘i Building & Construction Trades Council) 47. STRONA, Sara S. T. (Princeville at Hanalei Community Association) 48. TOKIOKA, Beth (Kaua‘i Island Utility Cooperative) 49. YAJIMA, Tiffany N. (EAN Holdings, LLC) 50. YOSHIMOTO, Kimberley W. (American Resort Development Association (ARDA)) 51. YOSHIMOTO, Kimberley W. (Marriott Vacations Worldwide) Kelly Gentry, Chair and Members of the Board of Ethics Re: 2021 County of Kaua‘i Lobbyist Registration February 1, 2022 Page 3 As of the date of this letter, the following lobbyists submitted Lobbyist Registration Statements after December 31, 2021 for the 2021 calendar year, and their 2021 Lobbyist Contributions & Expenditures Statements: 1. BELLES, Michael J. (2014 Kaua‘i Lagoons Golf, LLC) 2. BELLES, Michael J. (Tower Kaua‘i Lagoons 8, LLC) 3. BELLES, Michael J. (Tower Kaua‘i Lagoons Land, LLC) 4. BELLES, Michael J. (Tower Kaua‘i Lagoons Retail, LLC) 5. BELLES, Michael J. (Tower Kaua‘i Lagoons TS LLC) 6. BELLES, Michael J. (Tower Kaua‘i Lagoons, LLC) 7. GRAHAM, JR., Max W. J. (2014 Kaua‘i Lagoons Golf, LLC) 8. GRAHAM, JR., Max W. J. (Tower Kaua‘i Lagoons 8, LLC) 9. GRAHAM, JR., Max W. J. (Tower Kaua‘i Lagoons Land, LLC) 10. GRAHAM, JR., Max W. J. (Tower Kaua‘i Lagoons Retail, LLC) 11. GRAHAM, JR., Max W. J. (Tower Kaua‘i Lagoons TS LLC) 12. GRAHAM, JR., Max W. J. (Tower Kaua‘i Lagoons, LLC) 13. MATSUYOSHI, Kendall (Avis Budget Group) As of the date of this letter, all lobbyists have submitted their 2021 Lobbyist Contributions & Expenditures Statements. All Statements are considered public record and are posted on the Council’s website at www.kauai.gov/Council/LobbyistRegistration. Should you have any questions, please feel free to contact the Office of the County Clerk, Council Services Division at (808) 241-4188. Sincerely, JADE K. FOUNTAIN-TANIGAWA County Clerk, County of Kaua‘i cc: Ellen Ching, Boards & Commissions Administrator KAUA‘I COUNTY BOARD OF ETHICS * * * * * * * * * RULES AND REGULATIONS – Part I Adopted by the Board of Ethics Of the County of Kaua'i State of Hawai'i On October 15, 2009 ********* INTERPRETIVE RULES – Part II Amended and Adopted by the Board of Ethics March 11, 2010 ********* Amended and Adopted by the Board of Ethics February 15, 2013 BOE 2022-04 Page 2 RULES AND REGULATIONS – Part I RULE 1. GENERAL PROVISIONS Page 5 1.1 Purpose 1.2 Definitions 1.3 The Board (a) Office (b) Meetings (c) Election and Terms of Office (d) Duties and Responsibilities (e) Agenda (f) Consensus RULE 2. DOCUMENTS, SERVICE, WITNESSES AND SUBPOENAS Page 7 2.1 Filing of Documents (a) Where (b) Certificate of Truth (c) Name and Address of Affected Persons 2.2 Computation of Time 2.3 Continuances or Extensions of Time 2.4 Service of Process (a) By Whom Served (b) Upon Whom Served (c) Method of Service 2.5 Subpoenas (a) Who May Issue (b) Application (c) Time of Application (d) Enforcement RULE 3. DISCLOSURE REQUIREMENTS Page 9 3.1 Who Must File 3.2 Public Information 3.3 Procedure After Filing RULE 4. DISQUALIFICATION OF BOARD MEMBERS Page 9 4.1 Requested Disqualification 4.2 Voluntary Disqualification Page 3 RULE 5. ADVISORY OPINION Page 10 5.1 Request For Advisory Opinion (a) Applicability (b) Form (c) Supplementary Information (d) Filing Completed 5.2 Rendering of Advisory Opinion (a) Timeframe, Signatures, and Mailing (b) Dissenting Opinions 5.3 An Opinion Rendered by Lapse of Forty-Five (45) Days RULE 6. COMPLAINTS Page 11 6.1 Complaints Instituted By A Member of the Public (a) Content (b) Deficiency (c) Deliberation (d) Open Session 6.2 Complaints Initiated By the Board (a) Investigation (b) Complaint RULE 7. INFORMAL HEARING Page 12 (a) Notice (b) Consolidation (c) Procedure For An Informal Hearing (d) Preliminary Opinion (e) Disposition RULE 8. FORMAL AND CONTESTED HEARINGS Page 13 8.1 Statutory Authority, Petition, Setting, and Notice (a) Statutory Authority (b) Petition (c) Setting, Rejecting (d) Consolidation (e) Written Notice (f) Oral Notice 8.2 Request For An Open Hearing 8.3 Pre-Hearing Conference (a) Required Subject Matter (b) Other Subject Matter (c) Order 8.4 Hearing Format (a) Rules and Procedures (b) Closing the Hearing (c) Petition to Reconsider 8.5 Decisions Page 4 (a) Issuance (b) Submission of Proposed Findings of Fact and Conclusions of Law (c) Dissenting Decisions. 8.6 Record of the Hearing 8.7 Charge RULE 9. PUBLIC INFORMATION Page 17 RULE 10. DECLARATORY ORDER Page 17 RULE 11. ADOPTION, AMENDMENT, OR REPEAL OF THESE RULES Page 18 11.1 Public Hearing 11.2 Filing 11.3 Effective Date of Rules 11.4 Petition (a) Who May Petition (b) Content of Petition (c) Rejection of Petition (d) Processing and Consideration of Petition (e) Disposition of Petition RULE 12. APPEARANCE BEFORE THE BOARD Page 19 RULE 13. PARLIAMENTARY AUTHORITY Page 20 INDEX – INTERPRETATIVE RULE – Part II RULE 1. GENERAL PROVISIONS Page 20 1.1 Purpose 1.2 Compliance with Section 20.02D Page 5 RULE 1: GENERAL PROVISIONS 1.1 PURPOSE These rules are made pursuant to Section 20.05 B of the Charter of the County of Kaua'i, and are intended to provide for the efficient administration of the Code of Ethics. 1.2 DEFINITIONS The following definitions will be used in these rules and regulations, unless the context clearly requires otherwise, it being understood that the use of any gender shall be applicable to all genders, and that the singular number shall include the plural and the plural the singular. “Advisory Opinion” – an opinion rendered by the Board pursuant to a request by any officer or employee, or former officer or employee, as to whether or not the facts and circumstances of a particular case violate or will violate the standards of conduct prescribed by the Code of Ethics. “Answer” – the written response to the complaint filed with the Board by the person disputing that complaint. “Article XX” – Article XX of the Charter of the County of Kaua‘i and entitled “CODE OF ETHICS”. “Board” – Kaua‘i County Board of Ethics. “Charge” – the statement of facts and conclusions establishing a violation issued after the decision of the Board. “Code of Ethics” – Article XX of the Charter of the County of Kaua'i and ordinances adopted in accordance with Section 20.04 D, as codified in Chapter 3 of the Kaua'i County Code. “Complainant” – the party who has filed a complaint alleging that an officer or employee has violated the Code of Ethics. “Complaint” – a notarized letter, or a document authorized by a resolution of the Board, setting forth the basic facts alleging a violation of one or more provisions of the Code of Ethics. “County Attorney” – the Office of the County Attorney of the County of Kaua‘i. Page 6 “Decision” – the written conclusion of the Board rendered after the hearing, upon due deliberation of a complaint. “Deleted opinion or decision” – a summary of an advisory opinion, or decision, in which the identity of persons is not disclosed. “Employee” – a person employed by the County, except an officer or an independent contractor. “Officer” – the Mayor, councilpersons, all department heads and deputies, and members of boards and commissions. “Respondent” – the person allegedly violating the Code of Ethics. “Ruling” – a statement of Board action, which may be followed by an advisory opinion rendered due to the requester’s need for immediate guidance. 1.3 THE BOARD (a) Office. The office of the Board of Ethics is in the County Building, Līhu‘e, Kaua‘i, Hawai‘i; or such other address as the Board may designate from time to time. All communications shall be addressed to the Kaua‘i County Board of Ethics, c/o Office of Boards and Commissions, 4444 Rice Street, Suite 150, Līhu’e, Kaua‘i, Hawai‘i 96766, unless otherwise directed. (b) Meetings. The Board shall meet at least quarterly and exercise its powers in any part of the County of Kaua‘i. Additional meetings may be called by the Chairman, or two (2) or more members upon notice to the other members. A majority of the membership to which the Board is entitled shall constitute a quorum for the conduct of business and shall be necessary for any action to be taken. Meetings shall be open to the public unless an executive meeting is deemed necessary by the Board pursuant to law. (c) Election and Terms of Office. The Chair, Vice-Chair and Secretary shall be elected and shall serve for terms of one (1) year; such terms to commence on January 1 of each and every year. No chair shall serve consecutive terms. (d) Duties and Responsibilities. The Board shall be responsible for the administration of the Code of Ethics. (e) Agenda. The Board shall give public notice of any regular, special, or rescheduled meeting by filing the notice with the County Clerk and at the Board of Ethics office for public inspection. The notice shall be filed at least six (6) calendar days before the meeting and shall include an agenda which lists all of the items to be considered at the forthcoming meeting, and the date, time and place of the meeting. Page 7 (1) All items for the Agenda shall be submitted to the Chair for placement on the agenda no later than five (5) days before the agenda notice is filed. The Chair shall have the discretion of placing items submitted after the deadline on the Agenda of the forthcoming meeting, or holding such late items until the next scheduled meeting after the forthcoming meeting. The Chair shall be responsible for designating and approving the form and content of the Agenda. (f) Consensus. No individual member of the Board shall act on behalf of the Board without the Board’s approval. RULE 2: DOCUMENTS, SERVICE, WITNESSES AND SUBPOENAS 2.1 FILING OF DOCUMENTS (a) Where. All disclosures, complaints, requests for opinions, motions, submittals, reports, petitions, briefs, memoranda, and other papers required to be filed with the Board shall be filed by either mailing or hand-carrying same to the Office of the Board of Ethics. The date of the actual receipt of all papers filed and such shall be deemed the official time of filing. (b) Certificate of Truth. All papers shall be legible and be signed in ink by the party executing same or by his duly authorized agent or attorney. The signature of the person signing the document constitutes a certification that he had read the document; that to the best of his knowledge, information and belief, every statement contained therein is true and no such statements are misleading; and that it is not for purposes of delay. (c) Name and Address of Affected Persons. The initial document filed by any person in any proceeding shall state on the first page thereof his name, mailing address, and telephone number as well as the name, mailing address, and telephone number of others to be served with any documents filed in the proceeding. 2.2 COMPUTATION OF TIME The day of the act, event or default is not to be included in computing any period of time prescribed or allowed by the rules, by order of the Board, or by any applicable law. The last day of the period so computed is to be included unless it is a Saturday, Sunday, or legal holiday recognized by the State of Hawai‘i, in which event, the period runs until the next day which is not a Saturday, Sunday, or holiday. Page 8 2.3 CONTINUANCES OR EXTENSIONS OF TIME Whenever a person or agency has a right, or is required, to take action within the period prescribed or allowed by these rules, or by order of the Board, he may apply in writing to the Board for an extension. The Board will not accept action not performed or documents not filed within the prescribed time without good cause shown. 2.4 SERVICE OF PROCESS (a) By Whom Served. The Board shall cause to be served all orders, notices, and other papers which it is required by law to serve. Answers, motions, memoranda, and other pleadings relating to complaints or hearing shall be served by the party filing same. (b) Upon Whom Served. All papers shall be served upon all counsel of record at the time of filing, upon parties not represented by counsel or upon their agents designated by them or by law. Any counsel entering an appearance subsequent to the initiation of the proceeding shall notify all parties of record of such fact. (c) Method of Service. The service of complaint shall be made personally upon the individual, or in case he cannot be found, by leaving copies at his usual place of abode with some person of suitable age and discretion then residing there, or by delivering a copy to an agent designated by him or by law to receive service of such papers. Service of all other papers required to be served shall be made by delivering a copy to counsel of record, if any, or to the individual or his agent designated by him or by law to receive service of such papers or by mailing a copy to his last known address. Delivery of a copy within this rule means: handing it to the attorney or to the party; or leaving it at his office, with his secretary, clerk, or other person in charge; or, if there is no one in charge, leaving it in a conspicuous place; or, if the office is closed or the person to be served has no office, leaving it at his usual place of abode with some person of suitable age and discretion then residing there. Service by mail is complete upon mailing. A certificate of the time and place of personal delivery or of mailing shall be filled with the Board by the person making the service. 2.5 SUBPOENAS (a) Who May Issue. The Board may issue or cause to be issued subpoenas requiring the attendance of witnesses or the production of documentary evidence at any designated place of hearing. (b) Application. Any party of record may make application to the Board for the issuance of subpoenas. The application must be in writing, must be Page 9 reasonable in scope, and must specify as clearly as possible documents or data desired and show their relevancy. (c) Time of Application. Application for subpoenas shall be made at least five (5) days prior to the hearing. If application is made at a later time, the Board may, in its discretion, continue the hearing or any part thereof. (d) Enforcement. Enforcement of subpoenas served pursuant to these rules will be effected by written application of the Board to any circuit judge. RULE 3: DISCLOSURE REQUIREMENTS 3.1 WHO MUST FILE (a) The Mayor, Councilpersons, Managing Director, heads and deputies of all departments, agencies, and divisions, members of boards and commissions, the purchasing administrator, and regulatory employees The mayor, councilpersons, all department heads and deputies, members of boards and commissions and the purchasing agent shall be required to file the disclosure pursuant to the Code of Ethics. (b) All candidates for elective office shall be required to file disclosure pursuant to the Code of Ethics within seven (7) days of filing nomination papers. 3.2 PUBLIC INFORMATION Disclosures filed with the Board are public record, except for disclosures filed by regulatory employees, which shall not be open to public inspection. It is provided however that the personal contact information consisting of address and phone number shall be redacted before release of the document by the Office of Boards & Commissions to a member of the public. 3.3 PROCEDURE AFTER FILING Each disclosure will be reviewed by the Board for conflicts of interest. If a conflict or potential conflict is found, the Board will so notify the individual and advise corrective action to be taken to avoid violation of the Code of Ethics. Where the situation is deemed to have precedential value, the Board will proceed as though the disclosure was a request for an advisory opinion, and after rendering such, circulate a deleted advisory opinion to appropriate county agencies, officers, and employees. RULE 4: DISQUALIFICATION OF BOARD MEMBERS Page 10 4.1 REQUESTED DISQUALIFICATION A party to a hearing may request disqualification of any Board member by filing an affidavit alleging that such member cannot act impartially because of personal bias or prejudice. Every such affidavit shall state the facts and reasons therefore, and shall be filed at least ten (10) days before the hearing. The Board member against whom the affidavit is so filed shall answer the affidavit or file a disqualifying certificate. If he chooses to answer the affidavit, the remaining members of the Board shall decide whether or not he should be disqualified. 4.2 VOLUNTARY DISQUALIFICATION Any Board member may disqualify himself by filing with the Board a certificate that he deems himself unable for stated reasons to sit in judgment with impartiality in the pending hearing. RULE 5: ADVISORY OPINION 5.1 REQUEST FOR ADVISORY OPINION (a) Applicability. Advisory opinions may be requested by officers or employees to assist them in the proper performance of their official duties and responsibilities in accordance with the Code of Ethics. (b) Form. All requests for advisory opinions made to the Board shall be in writing and shall contain (1) the name of the person requesting the opinion, (2) the County agency in which he serves or works, (3) his position therein, (4) the nature and duties of his service or employment, (5) the date of request, (6) contact information (7) a statement of the facts and circumstances upon which the Board is to make its determination, and (8) the signature of the person requesting the opinion. (c) Supplementary Information. The Board, with prior notice to the person requesting the opinion, may interview or cause to be interviewed anyone who may have information desired by the Board in the consideration of a request for an advisory opinion. (d) Filing Completed. A request for an advisory opinion is considered filed when the Board has received in writing all the information deemed necessary by it to make a proper determination. 5.2 RENDERING OF ADVISORY OPINION Page 11 (a) Timeframe, Signatures, and Mailing. An advisory opinion shall be rendered within forty-five (45) days after the filing of the request has been finalized. It will be considered rendered when the Board has put the matter to a vote. After the opinion has been rendered, it shall be put in writing and signed by at least one (1) member of the Board. The written opinion shall be personally delivered or placed in the mail, postage prepaid and addressed to the person requesting the opinion at the address furnished by him. [Time period amended from 30 to 45 days by 2010 Charter Amendment] (b) Dissenting Opinions. Any member who disagrees may file a written dissenting opinion which will be placed at the end of the majority opinion. 5.3 AN OPINION RENDERED BY LAPSE OF FORTY FIVE (45) DAYS Failure by the Board to render an advisory opinion within forty five (45) days after the filing of a request therefore shall be deemed a finding of no breach of the Code of Ethics. It shall be incumbent on the County Attorney to notify the person requesting the opinion. [Time period amended from 30 to 45 days by 2010 Charter Amendment] RULE 6: COMPLAINTS 6.1 COMPLAINTS INSTITUTED BY A MEMBER OF THE PUBLIC (a) Content. All complaints shall contain a concise statement of the facts constituting the alleged violation of the Code of Ethics, the name and position of the respondent, and shall be signed under oath by the complainant. The oath shall be administered in accordance with the laws of the State of Hawai‘i. (b) Deficiency. Upon receipt of a document which does not comply with the requirements of sub-paragraph (a) of this rule, the Board may return the document noting the deficiency. (c) Deliberation. Upon receipt of a complaint, the Board shall investigate and/or deliberate on its merits. The Board may request a meeting with the complainant to gather more information. The Board may reject such complaint at this time and so notify the complainant, or decide to investigate further by calling for an informal or formal hearing. (d) Open Session. The respondent may request that the hearing be held in open session. Otherwise, the hearing shall be held in closed session. Page 12 6.2 COMPLAINTS INITIATED BY THE BOARD (a) Investigation. Upon receipt of information indicating a possible violation of the Code of Ethics, the Board shall initiate an investigation, the nature and scope of which shall be defined by resolution. (b) Complaint. If after such investigation the Board resolves to initiate a complaint, the same shall be reduced to writing and signed by one (1) or more members of the Board. RULE 7: INFORMAL HEARING (a) Notice. Upon the decision to hold an informal hearing, the Board shall notify the respondent in writing of a proposed informal hearing and request his attendance for the purpose of obtaining further information concerning his alleged violation of the Code of Ethics. The notice of informal hearing shall state the date, time, and place of the hearing and shall be given not less than six (6) days prior to the hearing. Such hearing shall be in executive session and may be recessed to a later day or to a different place without notice other than the announcement by the Board at the hearing. (b) Consolidation. The Board, upon its own initiative or upon motion, may consolidate for hearing or for other purposes, proceedings which involve substantially the same parties or issues if it finds the same to be expeditious and nonprejudicial. (c) Procedure for an Informal Hearing. (1) The Presiding member of the Board shall convene the hearing and read the complaint. The hearing, although informal, will be conducted in an orderly manner. Board members shall have an opportunity to direct questions to the respondent and he shall be afforded an opportunity to explain the alleged violation of the Code of Ethics. The Board reserves the right to not take witness testimony. (2) The respondent may attend the informal hearing with counsel or authorized agent. (d) Preliminary Opinion. Within a reasonable time after the informal hearing, the Board shall render an opinion as to whether or not there is a probable violation of the Code of Ethics by the respondent. Page 13 (1) If no probable violation is indicated by the opinion, the complaint shall be dismissed by the Board, and the complainant so notified. (2) If a probable violation is indicated by the opinion, the Board shall cause the respondent to be served with a copy of the complaint and preliminary opinion. The respondent shall have twenty (20) days after service to answer the complaint in writing. The answer shall specifically admit, deny, or explain the allegations of the complaint and shall set forth any matter constituting a defense. (e) Disposition. Upon failure to file an answer or upon admission of the allegations of the complaint, the Board shall make its final decision and transmit its decision and recommendation to the Council as to complaints involving County officers and to the Civil Service Board, the Mayor and appropriate Department Head as to County employees for appropriate disposition; in addition, copies of the Board’s decision and recommendations may be referred to the pertinent officer or agency for disciplinary action. RULE 8: FORMAL AND CONTESTED HEARINGS 8.1 STATUTORY AUTHORITY, PETITION, SETTING, AND NOTICE (a) Statutory authority. A formal hearing shall be conducted upon motion by the Board in accordance with Chapter 91 of the Hawai`i Revised Statutes. Persons aggrieved by actions of the Board, may petition for a formal hearing before the Board. (b) Petition. The petition shall be filed with the Chairman of the Board and shall consist of: 1. Name, address and telephone number of the petitioner. 2. Nature of petitioner’s interest and the reasons for requesting a formal hearing. 3. A complete statement of the relevant facts giving rise to the petitioner’s request. 4. Position or contention of the petitioner. (c) Setting, rejecting. Petitions for formal hearing may be approved or modified and approved, and set for hearing or rejected at the regular meeting following receipt of the petitions. Petitioners who have been rejected shall be notified in writing of the Board’s action. (d) Consolidation. The Board, upon its own initiative or upon motion, may consolidate for hearing or for other purposes, proceedings which involve Page 14 substantially the same parties or issues if it finds the same to be expeditious and nonprejudicial. (e) Written Notice. Should the Board decide to hold a formal hearing, the Board shall give at least fifteen (15) days written notice prior to the hearing, unless such notice is waived in writing by the respondent. The notice of hearing shall state: (1) The date, time and place. (2) The legal authority for the hearing. (3) The particular sections of Article XX and/or the rules involved. (4) The right to the party to counsel if so desired (5) The right to request an open hearing. (f) Oral Notice. Once commenced, the hearing may be recessed to a later day or to a different place, without notice other than the announcement thereof at the hearing. 8.2 REQUEST FOR AN OPEN HEARING A respondent who wants an open hearing shall file a request for same at least seven (7) days prior to the time set for the hearing. The Board, for good cause shown, may waive the foregoing requirement, and may impose conditions deemed advisable. 8.3 PRE-HEARING CONFERENCE (a) Required Subject Matter: (1) Each party shall disclose the theory of his case, including the basic facts he intends to prove and the names and addresses of all witnesses he intends to call. (2) Each party shall disclose and permit examination of all exhibits which are in his possession or under his control and which he intends to offer in evidence at the hearing. Such exhibits shall then be marked for identification. (3) Unless so disclosed, no witness required to be disclosed by paragraph (a) shall be permitted to testify, nor any exhibits required to be disclosed by paragraph (b) shall be received in evidence, at the hearing over objection unless the Board finds that there was reasonable ground for the failure to disclose same prior to the hearing. Page 15 (b) Other Subject Matter. In any action, the Board may direct the parties or their agents or attorneys to appear before it for a conference to consider: (1) Simplification of the issues. (2) Amendments to the pleadings. (3) Avoidance of unnecessary proof by obtaining admissions of fact and of existence and contents of documents. (4) Limitation of the number of witnesses. (5) Other matters as may aid in the disposition of the complaint. (c) Order. At least seventy-two (72) hours prior to the hearing, the Board shall issue an order which summarizes the action taken at the conference. Such order shall control the subsequent course of the hearing, unless modified to prevent manifest injustice. 8.4 HEARING PROCEDURE (a) Rules and Procedures. 1. The Presiding Officer shall convene the hearing, shall read the complaint, and the pre-hearing order, if any. 2. The Board shall determine the order in which the parties to the proceeding shall present their case to the Board. 3. Opportunity shall be afforded all parties to present evidence and arguments on all issues involved. 4. Every party to the proceeding shall have the right to conduct cross-examination as may be required for a full and true disclosure of the facts; and shall have the right to submit rebuttal evidence. 5. Documentary evidence may be received in the form of copies of excerpts, if the original is not readily available; provided that upon request, parties shall be given an opportunity to compare the copy with the original. 6. The Board shall give effect to the rules of privilege recognized by law. 7. The Board may take notice of judicially recognizable facts. In addition, the Board may take notice of generally recognized technical or Page 16 scientific facts within its knowledge; but parties to the proceedings shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed. 8. Any procedure in a contested case may be modified or waived by stipulation of the parties and informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. 9. For the purpose of Board decisions, the records shall include: 1. All pleadings, motions, intermediate rulings; 2. Evidence received or considered, including oral testimony, exhibits, and a statement of matters officially noticed; 3. Offers of proof and rulings thereon; 4. Proposed findings and rulings thereon; 5. Report of the officer who presided at the hearing; 6. Staff memoranda submitted to members of the Board in connection with their consideration of the case. 7. No matters outside the record shall be considered by the agency in making its decision except as provided herein. 8. A contested case hearing shall be held in closed session, unless all parties to the proceeding choose to have the hearing in open session. However, any privileged dialogue between the Board and the County Attorney advising the Board shall be held in closed session. (b) Closing the Hearing. The Presiding Officer shall bring the hearing to a close after final arguments have been completed. All requested memoranda shall be submitted prior to the final decision of the Board. (c) Petition to reconsider. Within ten (10) days after rendering its final decision, the Board may entertain a written petition to reconsider its decision. The petition shall be promptly granted or denied in writing. 8.5 DECISIONS Page 17 (a) Issuance. Every decision of the Board rendered after hearing shall be in writing and shall be accompanied by findings of fact and conclusions of law. Within forty-five (45) days after a decision has been rendered, the Board shall file a deleted decision which shall be a matter of public record. At the end of each calendar year, the decisions issued during that period may be printed, along with an index. The County Attorney shall provide copies upon request at a charge pursuant to law. (b) Submission of Proposed Findings of Fact and Conclusions of Law. The Board may direct the prevailing party to submit proposed findings of fact and conclusions of law. The party required to prepare such shall do so within the time set by the Board and shall obtain from the opposing counsel or party the approval thereon as to form, and deliver the original and nine (9) copies to the Board; or, if not so obtained, serve a copy upon each party who has appeared in the action and deliver the original and nine (9) copies to the Board. The party served with the proposed findings and conclusions may within five (5) days thereafter deliver to the Board a copy of his objections, proposed findings, and conclusions. The Board shall determine the actual findings of fact and conclusions of law. (c) Dissenting Decisions. Any member of the Board who disagrees may file a written dissenting decision. 8.6 RECORD OF THE HEARING The record of the hearing shall be compiled pursuant to law. The complainant and the respondent shall be entitled to a copy of the record of the hearing or any part thereof upon application to the Board and upon payment of the costs therefore. 8.7 CHARGE Upon a determination that a violation exists, the Board shall transmit its findings to the Council as to complaints involving County officers and to the Civil Service Board, the Mayor and appropriate Department Head as to County employees. RULE 9: PUBLIC INFORMATION The Board shall comply with all requests from the public for copies of the Board’s Rules, Minutes, and other documents subject to all relevant Sate and County laws. Fees and costs shall be applied pursuant to the Hawai'i Administrative Rules and the Kaua'i County Code. (The Board’s Rules are also available for viewing at the Office of Boards and Commissions and at the Office of the County Clerk). RULE 10: DECLARATORY ORDER Page 18 Notwithstanding the other provisions of these rules, the Board may, on its own motion or upon request but without notice or hearing, issue a declaratory order to terminate a controversy or to remove uncertainty concerning the application of the Code of Ethics. The order shall state the controversy or uncertainty shall cite the provisions of the Code of Ethics, rule, order of the Board, law or other matter involved. RULE 11: ADOPTION, AMENDMENT, OR REPEAL OF THESE RULES 11.1 METHOD OF ADOPTING, AMENDING OR REPEAL OF RULES The rules adopted, amended or repealed by the Board shall be made in accordance with the following procedure, pursuant to Chapter 91 of the Hawai`i Revised Statutes: Prior to the adoption, amendment or repeal of any rule, a public hearing shall be held by the Board. At least 30 days notice shall include a statement of the substance of the proposed rule, and of the date, time and place where interested persons may be heard thereon. The notice shall be mailed to all persons who have made a timely written request of the Board for advance notice of its rule-making proceedings, and shall be published at least once in a newspaper of general circulation on Kaua'i. All interested persons shall be afforded an opportunity to submit data, views, or arguments, orally or in writing. The Board shall fully consider all written and oral submissions respecting the proposed rule. The Board may make its decision at the public hearing or announce then the date as to when it intends to make its decision. Upon adoption, amendment or repeal of a rule, the Board shall, if requested to do so by an interested person, issue a concise statement of the principal reasons for and against its determination. 11.2 FILING Certified copies of the rules adopted, amended or repealed by the Board shall be filed forthwith with the County Clerk, and as may be otherwise required by law for the filing of rules for boards and commissions. 11.3 EFFECTIVE DATE OF RULES The adoption, amendment or repeal of any rule by the Board shall become effective ten days after filing of the rules with the County Clerk; provided that if a later effective date is required by statute or specified in the rule, such later date shall Page 19 be the effective date. However, no rule shall specify an effective date in excess of thirty days after the filing of the rule as provided herein. 11.4 PETITION (a) Who May Petition. Any person may petition the Board for the adoption, amendment, or repeal of these rules of the Board. (b) Content of Petition. The petition shall contain: (1) The name, address, and telephone number of the petitioner. (2) The nature of the petitioner’s interest. (3) The substance of the proposed rule or amendment and/or a designation of the provisions sought to be repealed. (4) The reasons in support of the proposed rule, amendment, or repeal. (5) Any other information relevant to the petition. (c) Rejection of Petition. The Board may reject any petition which does not conform to the requirements of this rule. (d) Processing and Consideration of Petition. The petition shall be filed at the office of the Board and dated upon receipt. The petitioner shall be notified of the date, time and place of hearing by the Board on his petition, his privilege of personal appearance with or without counsel, and his privilege of presenting evidence and argument in support of his petition. (e) Disposition of Petition. Within ninety (90) days after the hearing thereon, the Board shall either deny the petition in writing, stating its reasons, or agree with the petition or portions thereof, by initiating proceedings in accordance with law for adoption, amendment, or repeal of these rules. RULE 12: APPEARANCE BEFORE THE BOARD The right to appear before the Board by any person, his counsel or his authorized agent, having business with the Board may be denied if the Board determines that the person, his counsel or his agent has acted in a manner which prevents the orderly and peaceful conduct of business. The right to appear may be reinstated upon the Board’s acceptance of a written statement that the individual will Page 20 abide by the Board’s rules and will not disrupt the orderly and peaceful conduct of its proceedings. RULE 13. PARLIAMENTARY AUTHORITY Meetings shall be conducted in accordance with the Hawai'i Revised Statutes, the Sunshine Law and procedures established in these Rules. On all matters of procedure not addressed in these Rules, the Commission may refer to Robert’s Rules of Order, Newly Revised, for guidance in developing procedures for the conduct of Board meetings. (2013) Kauai County Board of Ethics ********* Part II Interpretive Rules Rule 1: General Provisions 1.1 Purpose These rules are intended to provide clarity as to the interpretation of Article XX of the Charter. 1.2 Compliance with Section 20.02D. Section 20.02D states: “No officer or employee of the County shall appear in behalf of private interests before any County board, commission or agency.” The following definitions shall apply to the interpretation Charter section: a) Officer – the term “officer” shall include the following: (1) Mayor and members of the council; (2) Any person appointed as administrative head of any agency of the county or as a member of any board or commission; (3)The first deputy appointed by the administrative head of any department; and (4) Deputies of the county attorney. It clarifies that while the definition includes members of County (and not State) boards and commissions, it does not include members of County or State sanctioned Advisory Committees/Boards which are not authorized under the Charter. b) Employee – the term “employee” shall mean any person, except an officer, employed by the county or any department thereof Page 21 c) Appear – the term “appear” shall mean the providing of oral or written testimony at a publicly noticed meeting or hearing of a board, commission, council or agency. Written or oral communication with agencies outside of a publicly noticed meeting or hearing shall not constitute an appearance. This interpretation shall not prohibit: 1. An individual’s right to testify at a meeting or hearing of a county board, commission or agency regarding his or her personal opinions. 2. An individual’s right to appear in a matter that involves only ministerial action by a department, such as applying for a driver’s license, building permit, water meter, or filing a police report. 3. An individual’s right to represent himself personally or appear before any agency to petition for redress of grievances caused by any official act or action affecting such person’s or such person’s immediate family’s rights, privileges, or property, including real property. For the purposes of this section, “immediate family” means the person’s parents, siblings, spouse or children. 4. An officer’s or employee’s business or professional partner’s or associate’s right to practice or appear before a County agency, provided, however, the officer or employee shall not participate in any discussion, decision-making or vote on the related matter. d) In behalf of – the term “in behalf of” shall mean representation of a third party (not the individual himself), however, a partnership, corporation, or limited liability company, even if partially or wholly owned by the individual, shall be considered a third party. e) Private interests – the term “private interests” shall mean all persons and entities other than governmental bodies.