HomeMy WebLinkAboutBOE_2023_0421_Notice_Agenda_Packet.pdfBOARD OF ETHICS
JOHN LATKIEWICZ, CHAIR SUSAN BURRISS, MEMBER
RYAN de la PENA, VICE CHAIR DEAN TOYOFUKU, MEMBER
ROSE RAMOS-BENZEL, SECRETARY CHANTAL ZARBAUGH, MEMBER
Meetings of the Board of Ethics will be conducted as follows until further notice:
• Meetings will be publicly noticed pursuant to HRS Chapter 92.
Minutes of meetings will be completed pursuant to HRS Chapter 92 and posted to the
Commission's website upon completion and approval.
Public Comments and Testimony:
Written testimony will be accepted for any agenda item herein.
o 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.
o 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.
o Any testimony received after this time and up to the start of the meeting will be
summarized by the Clerk of the Board during the meeting and added to the record
thereafter.
o Any late testimony received will be distributed to the to the members after the meeting
is concluded.
0
Oral testimony will be taken during the public testimony portion of the meeting.
o It is recommended that anyone interested in providing oral testimony 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 Per the Board of Ethics's and Chairs practice, there is three -minute time limit per testifier
per agenda item.
o Individuals who have not registered to provide testimony will be given an opportunity to
speak on an agenda item following the registered speaker.
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
JOHN LATKIEWICZ, CHAIR DEAN TOYOFUKU, MEMBER
RYAN de la PENA, VICE CHAIR CHANTAL ZARBAUGH, MEMBER
ROSE RAMOS-BENZEL, SECRETARY
REGULAR MONTHLY MEETING NOTICE AND AGENDA
Friday, April 21, 2023
1:00 p.m. or shortly thereafter
Uhu'e Civic Center
Pi'ikoi Building, Suite 300
4444 Rice Street, Uhu'e, HI 96766
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA
D. MINUTES of the meeting of the Open Session
1. March 17, 2023
E. PUBLIC TESTIMONY
F. COMMUNICATION
BOE 2023-08 Invitation from Robert Harris, Executive Director, Hawai'i State
Ethics Commission and Jan Yamane, Executive Director, Honolulu
Ethics Commission dated March 31, 2023, regarding the state-
wide ethics conference on Friday, September 1, 2023.
G. BUSINESS
BOE 2023-09 Discussion and possible action on invitation to state-wide ethics
conference on Friday, September 1, 2023.
H. DISCLOSURES
Employee:
1. Blanche Matsuyama, Finance Director
Volunteers:
2. Dan Abadilla, Kekaha Host Community Benefits Citizens
Advisory Committee (CAC)
3. Jose Borja, Jr., Kekaha Host Community Benefits Citizens
Advisory Committee (CAC)
4. Thomas Nizo, Kekaha Host Community Benefits Citizens
Advisory Committee (CAC)
5. Anthony Ricci, Kekaha Host Community Benefits Citizens
Advisory Committee (CAC)
6. Micah Finnila, Board of Water
7. Jaclyn Kaina, Charter Review Commission
8. Chantal Zarbaugh, Board of Ethics
I. EXECUTIVE SESSION
ES-005 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
March 17,2023, 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.
J. RETURN TO OPEN SESSION
Ratify Board actions taken in Executive Session.
K. ANNOUNCEMENTS
Next Meeting: Friday, May 19, 2023, at 1:00 p.m.
L. 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
BOARD OF ETHICS — April 21, 2023 PAGE 2
Dr0-ft�t0iUAA'Illroue
COUNTY OF KAUAI
Minutes of Meeting
OPEN SESSION
Board/Commission:
BOARD OF ETHICS
Meeting Date
March 17, 2023
Location
Boards & Commissions Conf. Room
Start of Meeting: 1:00 p.m.
IEnd of Meeting: 1:33 p.m.
Present
Chair John Latkiewicz, Vice Chair Ryan de la Pena, Secretary Rose
Ramos-Benzel, Members: Susan Burriss, Dean Toyofuku, Chantal
Zarbaugh. Also: Deputy County Attorney Aaron Larrimore. Boards
& Commissions Office Staff. Administrator Ellen Ching, and
Support Clerk Arleen Kuwamura.
Excused
Absent
SUBJECT
DISCUSSION
ACTION
A. Call To Order
Administrator Ellen Ching conducted roll call.
Chair Latkiewicz called the meeting
B. Roll Call
to order at 1:00 p.m.
Roll call:
Member Burriss: present
Member Toyofixku: present
Member Zarbaugh: present
Secretary Ramos-Benzel: present
Vice Chair de la Pena: present
Chair Latkiewicz: present
Five members present, which
constituted a quorum.
Board of Ethics
Open Session
March 17, 2023
Page 2
SUBJECT
DISCUSSI
ACTION
C. Approval of
For the record Chair Latkiewicz confirmed with Administrator Ching that there was
Agenda
no one in the audience.
Member Burriss moved to accept the
Ellen Ching, Administrator, confirmed no one was present in the audience and he did
agenda as submitted. Member
not have to ask for testimony after every agenda item.
Toyof iku seconded.
Chair Latkiewicz entertained a motion to approve the agenda.
Motion carried 6:0
D. Approval of
Minutes of the Open Session:
Minutes
1. February 17, 2023
Member Toyofuku moved to accept
the minutes of February 17, 2023 as
Chair Latkiewicz entertained a motion to approve the minutes.
submitted. Secretary Ramos-Benzel
seconded.
Motion carried 6:0
E. Public
None.
Testimony
F. Communication
BOE 2023-07 Copy of letter from County Clerk Jade Fountain -Tani ag wa to
Lieutenant Governor Sylvia Luke dated January 10, 2023, regarding the transmittal of
two copies of the Amendments to the Rules and Regulations of the County of Kaua'i
Board of Ethics.
Vice Chair de la Pena moved
to receive BOE 2023-07.
Member Toyofuku seconded.
Motion carried 6:0
G. Disclosures
Volunteers:
Member Burriss moved to approve
1. Dennis Eguchi, Kekaha Host Community Benefits Citizens Advisory
#2 and #3. Vice Chair de la Pena
Committee (CAC)
seconded.
2. Harold Vidinha, Kekaha Host Community Benefits Citizens Advisory
Committee (CAC)
Motion carried 6:0
Board of Ethics
Open Session
March 17, 2023
Page 3
SUBJECT
DISCUSSI
ACTION
3. Victoria Wichman, Kauai Historic Preservation Commission
4. Garrett Agena, Kekaha Host Community Benefits Citizens Advisory
Member Burriss moved to send #1
Committee (CAC)
back for clarification on Sections VI,
5. Keala Yorkman, Kekaha Host Community Benefits Citizens Advisory
VIII, and IX. Vice Chair de la Pena
Committee (CAC)
seconded.
Member Burriss noted that #1 did not complete Sections VI, VIII, and IX, #4 needs to
Motion carried 6:0
clarify Section VIII, board representation, is it on behalf of current board or another
and year, and #5 needs to clarify if Section III annual income is a combination of FT
and PT employment, should be separated.
Member i fuku moved send #4
back for clarification on Sections I
VIII. Secretary Ramos-Benzel
Chair Latkiewicz wants clarification on Section I as all three items were checked for
seconded.
#4.
Motion carried 6:0
Member Burriss moved to send #5
back for clarification on Section III.
Vice Chair de la Pena seconded.
Motion carried 6:0
H. Executive
ES-004 Pursuant to Hawai'i Revised Statutes 92-4, �92-5(a)(4), §92-9(a (�,) and
,
(b), the purpose of this Executive Session is for the Board to approve or amend the
Session
Executive Session Minutes of February 17,2023, 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 Hawaii Revised Statutes §92-4 and §92-5 (a) and
2 and 4 the pLaTose 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 count., shall:
B. Disclose information which by law or practice, is not available to the public and
Board of Ethics
Open Session
March 17, 2023
Page 4
SUBJECT
DISCUSSI
ACTION
which the officer or employ, esquires 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.
Member Toyofuku moved to enter
into executive session at 1:12 p.m..
F. Use coun1yproper1y for other than public activity or purpose.
Vice Chair de la Pena seconded.
Motion carried 6:0
I. Return to Open
Ratify Board actions taken in Executive Session.
Member Burriss moved to ratify
Session
Open session resumed at 1:30 p.m.
actions taken in Executive Session.
Vice Chair de la Pena seconded.
Motion carried 6:0
J. Announcements
Thank you to Member Burriss for her service to County of Kaua'i, Board of Ethics.
Next Meeting: Friday, April 21, 2023, at 1:00pm
K. Adjournment
Hearing no objections Chair
Latkiewicz adjourned the meeting at
1:33 p.m.
Submitted by: Reviewed and Approved by:
Anela Segreti, Administrative Specialist John Latkiewicz, Chair
() Approved as circulated.
() Approved with amendments. See minutes of
HAWAPI STATE ETHICS COMMISSION
State of Hawaii -Bishop Square, 1001 Bishop Street, ASH Tower 970
Honolulu, Hawai `i 96813
March 31, 2023
Via email: alarrimore(@kauai.gov
asegreti kauai.gov
Chair John Latkiewicz
and the Members of the Board of Ethics
4444 Rice St., Suite 300
Lihue, HI 96766
Re: 2023 Ethics in Hawaii Conference
Friday, September 1, 2023
Dear Chair John Latkiewicz and the Members of the Board of Ethics:
ETHICS COMMISSION
CITY AND COUNTY OF HONOLULU
925 Dillingham Boulebard, Suite 190, Honolulu Hawaii 96817
The importance of ethics oversight has drawn special attention in news media and public
opinion over the last year due to the overwhelming number of recent corruption convictions at all
levels of Hawaii government. What better time for our local ethics oversight boards and
commissions to come together to share strategies, issues, best practices, and solutions?
The Hawaii State Ethics Commission ("State Commission") and Honolulu Ethics
Commission ("Honolulu Commission") are excited to be coordinating a one -day, state-wide
ethics conference on Friday, September 1, 2023. Please save the date.
The event will be hosted by the Honolulu Commission at Kapalama Hale, 925 Dillingham
Blvd., in Honolulu. We look forward to connecting all ethics boards throughout our island chain
and in -person attendance would be ideal. The State Commission can provide funding for 1-2
people from each county ethics board for airfare and transportation. We are also looking into
providing a virtual option so that others can participate virtually from their county.
Please respond to the State Commission at (808) 587-0460 or ethics@hawaiiethics.org,
by May 12, 2023, to indicate the number of members and staff who are interested in attending:
1) in person and 2) virtually. Please also submit your ideas, issues, and topics of interest to
include in the program. This will be a day of stimulating and educational presentations, round -
tables and break-out group discussions. We are eager for the opportunity to come together with
your board.
For any questions or further information, please contact the State Commission.
Sincerely, Digitally signed by
Yarnane, Jan
Date::20 2023.04.03
13:14:33 10'00'
Robert Harris
Jan K. Yamane
Executive Director and Legal Counsel
Executive Director and Legal Counsel
Hawaii State Ethics Commission
Honolulu Ethics Commission
Telephone: (808) 587-0460 Email: ethicsnhawaiiethics.org Website: http://ethics.hawaii.�zov/
BOE 2023-08