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HomeMy WebLinkAbout2023_0120_BOE OP Minutes Approved.pdfCOUNTY OF KAUAI Minutes of Meeting OPEN SESSION A-1IJ'IJ"NJJeJdI Approved as submitted 2/ 17/23 Board/Commission: BOARD OF ETHICS Meeting Date January 20, 2023 Location Boards & Commissions Conf. Room Start of Meeting: 1:00 p.m. End of Meeting: 1:45 p.m. Present Chair John Latkiewicz, Vice Chair Ryan de la Pena, Secretary Rose Ramos-Benzel, Members: Susan Burriss, 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 7Chair A. Call To Order Latkiewicz called the meeting B. Roll Call order at 1:00 p.m. Roll call: Member Burriss: present Member Toyofuku: 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 January 20, 2023 Page 2 SUBJECT DISCUSSION ACTION C. Approval of For the record Chair Latkiewicz asked if anyone was in the audience to provide Agenda testimony. Vice Chair de la Pena moved to Ellen Ching, Administrator, confirmed no one was present in the audience and he did not accept the agenda as submitted. have to ask for testimony after every agenda item. Member Toyofuku seconded. Chair Latkiewicz entertained a motion to approve the agenda. Motion carried 5:0 D. Approval of Minutes of the Open Session: Minutes 1. December 16, 2022 Chair Latkiewicz entertained a motion to approve the minutes. Member Burriss stated that they could be received if no one had anything to say. Hearing nothing Chair Latkiewicz Deputy County Attorney (DCA) Larrimore stated that was accurate. received the minutes. E. Public A member of the public entered the meeting. Chair Latikiewicz asked if he had No action. Testimony testimony on any of the items. He stated he had no testimony for any of the items. F. Communication BOE 2023-01 Memorandum from Michael Dahilig, Managing Director dated December Vice Chair de la Pena moved to 27, 2022, regarding meeting format (in -person, virtual or hybrid). receive BOE 2023-01. Member Burriss seconded. Chair Latkiewicz entertained a motion to receive the communication. Motion carried 5:0 G. Request for None Advisory Opinion Board of Ethics Open Session January 20, 2023 Page 7 SUBJECT DISCUSSION ACTION L. Announcements Next Meeting: Friday, February 17, 2023, at 1:OOpm M. Adjournment Hearing no objections Chair Latkiewicz adjourned the meeting at 1:45 p.m. Submitted by: Reviewed and Approved by: Anela Segreti, Administrative Specialist ( X ) Approved as circulated. ( ) Approved with amendments. See minutes of John Latkiewicz, Chair Board of Ethics Open Session January 20, 2023 Page 3 SUBJECT DISCUSSION ACTION H. Business BOE 2023-01 Discussion and possible action regarding meeting format for Board of Ethics meetings. Member Burriss moved that the Board meet in person and move to a The Board discussed meeting formats, in -person only, hybrid (in -person and virtual), or hybrid meeting when requested. virtual only. Vice Chair de la Pena seconded. Motion carried 5:0 I. Disclosures Employees: 1. Mahealani Krafft, First Deputy County Attorney 2. Melvin Rapozo, Councilmember Member Toyofuku moved to defer 3. Andrew Michaels, Deputy County Attorney Disclosures #29, 32, 34, 40, 42-47, 4. Charles Foster, Deputy County Attorney 49-50, 53-59, and 61 for regulatory 5. Hugo Cabrera, Deputy County Attorney employees. Vice Chair de la Pena 6. Jenna Tatsey, Deputy County Attorney seconded. 7. Laura Barzilai, Deputy County Attorney 8. Mark Bradbury, Deputy County Attorney Motion carried 5:0 9. Mark Ishmael, Deputy County Attorney 10. Matthew Bracken, County Attorney 11. Stephen Hall, Deputy County Attorney 12. Teresa Tumbaga, Deputy County Attorney 13. Luke Evslin, Councilmember 14. Jade Fountain-Tanigawa, County Clerk 15. Adam Roversi, Housing Director 16. Annette Anderson, HR Director 17. Blanche Reiko Matsuyama, Director of Finance 18. Boyd Gayagas, Deputy County Engineer 19. Ernest Barreira, Assistant Chief Procurement Officer 20. Henry Ramsey Ross, Deputy Prosecuting Attorney 21. Ludvina Takahashi, County Executive on Aging 22. Matthew Arakawa, Deputy Prosecuting Attorney 23. Michael Gibson, Fire Chief Member Toyofuku moved to approve 24. Michael Moule, Chief of Engineering Disclosures #1-15. Member Ramos 25. Michelle Lizama, Deputy Director of Finance seconded. 26. Sarah Blane, Chief of Staff 27. Todd Ra buck, Police Chief Motion carried 5:0 Board of Ethics Open Session January 20, 2023 Page 6 SUBJECT DISCUSSION ACTION J. Executive ES-013 Pursuant to Hawai'i Revised Statutes §92-4, §92-5(a)(4), §92-9(a (�.) and (b), Secretary Ramos-Benzel the pMose of this Executive Session is for the Board to approve or amend the Executive Session moved to enter into Executive Session Minutes of December 16, 2022, and to consult with its attorney on issues Session at 1:17pm. Vice pertaining to the Board's powers, duties, privileges, immunities, and/or liabilities as they Chair de la Pena seconded. may relate to this item. Motion carried 5:0 ES-002 BOE 2022-01 Pursuant to Hawaii Revised Statutes 02-4 and 9�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, o exemption for the officer or employee or others. F. Use coqqty propegyfor other than public activity or pMose. K. Return to The Board resumed in Open Open Session Session at 1:44 p.m. Ratify on Board actions taken in Executive Session. Secretary Ramos-Benzel moved to ratify the actions taken by the Board in Executive Session. Member Toyofuku seconded. Motion carried 5:0 Board of Ethics Open Session January 20, 2023 Page 4 SUBJECT DISCUSSION ACTION 28. Celia Wooton-Mahikoa, Executive on Transportation 29. Chad Yamamoto, Supervising Construction Inspector 30. Elton Ushio, Emergency Management Administrator 31. Joseph Tait, Manager & Chief Engineer 32. Taj Leone, Building Inspector 33. Aaron Larrimore, Deputy County Attorney 34. Brayden Munar, Building Inspector 35. Derek Kawakami, Mayor 36. Leo Sandoval -Reyes, Liquor Director 37. Leon Davenport III, Deputy Prosecuting Attorney 38. Leonard Peters, Assistant Executive on Transportation 39. Michael Dahilig, Managing Director 40. Michael Hinazumi, Civil Engineer VII 41. Nalani Brun, Director of the Office of Economic Development 42. Ronson Valdez, Building Inspector 43. Scott Suga, Project Management Officer 44. Edwin Navarro, Electrical Inspector 45. Jimmy Iloreta, Electrical Inspector 46. Sixto Agoto, Jr., Senior Building Inspector 47. Stanford Lau, Plumbing Inspector 48. Wallace Rezentes, Deputy Director Parks & Recreation 49. Weston Moniz, Waterworks Inspector III 50. Alisha Summers, Long Range Planner III 51. Bill DeCosta, Councilmember 52. Donna Olivas, Assistant Executive on Aging 53. James Tejada, Planning Inspector 54. Jaret Towler, Planning Inspector 55. Jason Kagimoto, Acting Engineering Division Head 56. Jet Levinthol, Supervising Waterworks Inspector 57. Juanito Rabaino, Building Inspector 58. Scott Shibuya, Construction Inspector Member Burris moved to approve 59. Takara Kunioka, Civil Engineer III Disclosures #16-28, 30, and 31. 60. Troy Tanigawa, County Engineer Member Toyof dcu seconded 61. Leolynne Escalona, Code Enforcement Officer 62. Christopher Donahoe, Deputy County Attorney Motion carried 5:0 Board of Ethics Open Session January 20, 2023 Page 5 SUBJECT DISCUSSION ACTION 63. Kaaina Hull, Planning Director Volunteers: 64. Francis DeGracia, Planning Commissioner 65. Mary Kay Hertog, Police Commissioner Chair Latkiewicz read the following announcement: "We have 65 disclosures. Numbers 29, 32, 34, 40, 42-47, 49-50, 53-59, and 61 are regulatory employees. Regulatory employee disclosures are not open for public inspection per the Charter and the Kauai County Code. Our Deputy County Attorney has advised that we defer these disclosures until next month so that a review process that protects their privacy can be set up that complies with the Charter and the Code. I'll entertain a motion to defer these disclosures until next month and Aaron can answer any questions about the deferral during discussion on this motion." Discussion regarding having it reviewed in Executive Session was started by Member Burriss. DCA Larrimore advised that since it was not noticed on the agenda as an executive session item that it not be discussed today in executive session. DCA Larrimore explained to the Board that under the State Constitution, the Charter and the Kauai County Code regulatory employee disclosures are treated differently. They are not open to public inspection and if there was a discussion and make decisions in an open meeting it would potentially violate their privacy. He will do more research on the correct process and will share it with the Boards and Commissions staff for the next meeting. Member Toyofuku questions Disclosure #11, regarding his employment as a Deputy County Attorney and having a private law firm and whether that is allowable. DCA Larrimore explained that the law practice is in Illinois and that he is in the process Member Burriss moved to approve of closing it, at least temporarily. The Board did previously approve when it came up Disclosures #33, 35-39, 41, 48, 51- when he accepted the job, but they could pursue and ask him to come in to answer 52, 60, and #62-65. Member questions. Toyofuku seconded. Member Toyofuku stated that his question was answered by DCA Larrimore and good. Motion carried 5:0