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Home My WebLink AboutBOE_2023_0120_Notice_Agenda Packet 1.pdfBOARD OF ETHICS KELLY GENTRY, CHAIR JOHN LATKIEWICZ, VICE CHAIR RYAN de la PENA, SECRETARY SUSAN BURRISS, MEMBER ROSE RAMOS-BENZEL, MEMBER DEAN TOYOFUKU, 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, 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 SUSAN BURRISS, MEMBER RYAN de la PENA, VICE CHAIR DEAN TOYOFUKU, MEMBER ROSE RAMOS-BENZEL, SECRETARY REGULAR MONTHLY MEETING NOTICE AND AGENDA Friday, January 20, 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. December 16, 2022 E. PUBLIC TESTIMONY F. COMMUNICATION BOE 2023-01 Memorandum from Michael Dahilig, Managing Director dated December 27, 2022, regarding meeting format (in -person, virtual or hybrid). G. REQUEST FOR AN ADVISORY OPINION H. BUSINESS BOE 2023-01 Discussion and possible action regarding meeting format for Board of Ethics meetings. I. DISCLOSURES Employees: 1. Mahealani Krafft, First Deputy County Attorney 2. Melvin Rapozo, Councilmember 3. Andrew Michaels, Deputy County Attorney 4. Charles Foster, Deputy County Attorney 5. Hugo Cabrera, Deputy County Attorney 6. Jenna Tatsey, Deputy County Attorney 7. Laura Barzilai, Deputy County Attorney 8. Mark Bradbury, Deputy County Attorney 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 24. Michael Moule, Chief of Engineering 25. Michelle Lizama, Deputy Director of Finance 26. Sarah Blane, Chief of Staff 27. Todd Raybuck, Police Chief 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 BOARD OF ETHICS - January 20, 2022 PAGE 2 J. 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 59. Takara Kunioka, Civil Engineer III 60. Troy Tanigawa, County Engineer 61. Leolynne Escalona, Code Enforcement Officer 62. Christopher Donahoe, Deputy County Attorney 63. Kaaina Hull, Planning Director Volunteers: 64. Francis DeGracia, Planning Commissioner 65. Mary Kay Hertog, Police Commissioner EXECUTIVE SESSION ES-013 Pursuant to Hawai'i Revised Statutes §92-4, §92-5(a)(4), §92- 9(a)(1-4) and (b), the purpose of this Executive Session is for the Board to approve or amend the Executive Session Minutes of December 16, 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 Hawaii 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. BOARD OF ETHICS — January 20, 2022 PAGE 3 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, February 17, 2023, 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 BOARD OF ETHICS — January 20, 2022 PAGE 4 Drid t�t� @UAA�1'1�I�,roue COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Commission: BOARD OF ETHICS Meeting Date December 16, 2022 Location Boards & Commissions Conf. Room/Teleconference Start of Meeting: 1:02 p.m. End of Meeting: 1:37 p.m. Present Chair Kelly Gentry, Vice Chair John Latkiewicz, Secretary Ryan de la Pena. Members: Susan Burriss, Rose Ramos-Benzel, Dean Toyofuku. Also: Deputy County Attorney Aaron Larrimore. Boards & Commissions Office Staff. Administrator Ellen Ching (arrived at 1:20 p.m.), and Support Clerk Anela Segreti. Excused Absent SUBJECT DISCUSSION ACTION A. Call To Order Chair Gentry called the meeting to B. Roll Call order at 1:02 p.m. Roll call: Member Burriss: present Member Ramos-Benzel: present Member Toyofuku: present Secretary de la Pena: present Vice Chair Latkiewicz: present Chair Gentry: present Six members present, which constituted a quorum. Board of Ethics Open Session December 16, 2022 Page 2 SUBJECT DISCUSSION ACTION C. Approval of For the record Chair Gentry asked if anyone was in the audience to provide testimony. Agenda Anela Segreti, staff, confirmed no one was present in the audience. Member Toyofuku moved to accept the agenda as submitted. Member Chair Gentry entertained a motion to approve the agenda. Burriss seconded. Motion carried 6:0 D. Approval of Minutes of the Open Session: Secretary de la Pena moved to accept Minutes 1. November 18, 2022 the minutes of 11/18/22 as submitted. Member Ramos-Benzel seconded. Chair Gentry entertained a motion to approve the minutes. Motion carried 6:0 E. Public None Testimony F. Communication None G. Request for None Advisory Opinion H. Business BOE 2022-21 Discussion and possible action regarding Advisory Opinion in response No action. to RAO 2022-03. Board reviewed response (on file) and discussed handling responses. They discussed that it be handled as in the past, once the decision is made staff will have Chair sign and send out response. BOE 2022-22 Election of Chair, Vice Chair and Secretary for 2023 Calendar year. Member Ramos-Benzel moved to elect Vice Chair Latkiewicz as Chair for the 2023 calendar year. Secretary de la Pena seconded. Board of Ethics Open Session December 16, 2022 Page 3 SUBJECT DISCUSSION ACTION Motion carried 6:0 Member Burriss moved to elect Secretary de la Pena as Vice Chair for the 2023 calendar year. Member Toyofuku seconded. Motion carried 6:0 Secretary de la Pena moved to elect Member Ramos-Benzel as Secretary for the 2023 calendar year. Member Burriss seconded. Motion carried 6:0 BOE 2022-23 Discussion and possible approval of the 2023 meeting schedule. Member Toyofuku moved to approve the 2023 meeting schedule. Secretary Discussion of meetings remaining as third Friday of each month at 1pm with exception de la Pena seconded. of August, meeting will be on second Friday due to holiday on third Friday. Motion carried 6:0 I. Disclosures Employ 1. Bernard Carvalho, Jr., Councilmember Member Burriss moved to approve 2. Bill DeCosta, Councilmember Disclosures #1, 3-11. Member 3. Felicia Cowden, Councilmember Toyofuku seconded. 4. Lyndon Yoshioka, Deputy County Clerk 5. KipuKai Kuali'i, Councilmember Motion carried 6:0 6. Addison Bulosan, Councilmember 7. Ellen Ching, Administrator, Boards & Commissions Vice Chair Latkiewicz moved to return Disclosures #2 and 12 for Volunteers: more clarification. 8. Glenda Nogami Streufert, Planning Commissioner 9. Julie Caspillo, Board of Review Member Motion carried 6:0 10. Lee Gately, Kauai Historic Preservation Review Commissioner 11. Paul Endo, Liquor Control Commissioner 12. Mary Kay Herto , Police Commissioner Board of Ethics Open Session December 16, 2022 Page 4 SUBJECT DISCUSSION ACTION Member Burriss noted: Member Burriss moved to return #2 did not include income for employment with DOE, Disclosures #2 and #12 for missing #6 there is no dates in Section VIII regarding representation before government agencies, information. #7 Section VIII not all dates where completed, may have run off of copy. Ms. Ching explained that all happened in 2017 which is noted, but there wasn't enough space for all Motion carried 6:0 agencies, # 11 did not give source of the annuity, #12 did not give source of income. Board discussed these and made decisions on which need to be sent back. J. Executive ES-013 Pursuant to Hawai'i Revised Statutes §92-4, §92-5(a)(4), §92-9(a (�.) and (b), Secretary de la Pena moved to the pgMose of this Executive Session is for the Board to approve or amend the Executive Session enter into Executive Session Session Minutes of November 18, 2022, and to consult with its attorney on issues at 1:22pm. Member pertaining to the Board's powers, duties, privileges, immunities, and/or liabilities as they Toyofuku seconded. may relate to this item. Motion carried 6:0 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 an. 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 coqqty propegyfor other than public activily or purpose. Board of Ethics Open Session December 16, 2022 Page 5 SUBJECT DISCUSSION ACTION K. Return to The Board resumed in Open Open Session Session at 1:35 p.m. Ratify on Board actions taken in Executive Session. Secretary de la Pena moved to ratify the actions taken by the Board in Executive Session. Member Burriss seconded. Motion carried 6:0 L. Announcements Next Meeting: Friday, January 20, 2023, at 1:00pm Administrator Ching announced that it was Chair Gentry's last meeting and thanked her for her service to the Board. M. Adjournment Hearing no objections Chair Gentry adjourned the meeting at 1:37 p.m. Submitted by: Reviewed and Approved by: Anela Segreti, Administrative Specialist () Approved as circulated. () Approved with amendments. See minutes of John Latkiewicz, Chair OFFICE OF THE MAYOR DEREK S.K. KAWAKAMI, MAYOR MICHAEL A. DAHILIG, MANAGING DIRECTOR TO 913 MEMORANDUM All Board, Commission, and Committee Chairs Michael A. Dahilig� Managing Director DATE: December 27, 2022 RE: Meeting format (in -person, virtual or hybrid) In the early months of 2020 and at the start of COVID-19, County functions pivoted in variety of ways to maintain County operations and to safeguard public health and safety. As we learned more about how to mitigate the impacts of COVID-19 and the Governor ended the last emergency proclamation related to COVID-19 in March 2022, we started a return to our normal operations. Since then, the County's Boards, Commissions, and Committees have conducted in -person meetings, virtual meetings, or a hybrid of both — and both types of meeting formats are allowed under a newly revised Chapter 92, Hawaii Revised Statutes. We understand each Board, Commission, Committee, and its members are unique and have unique needs. Thus, rather than issue a blanket directive from our office on how meetings should be conducted, it is prudent to leave that decision to each individual Board, Commission and Committee to determine what works best for your members as a body to be able to conduct business accordingly whether it be hybrid, all digital, or only in -person. If you have any questions, please do not hesitate to contact myself or Ellen. Happy New Year and Mahalo for your service! 4444 Rice Street, Suite 235 • Uhu'e, Hawai'i 96766 • (808) 241-4900 (b) • (808) 241-6877 (fl An Equal Opportunity Employer