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HomeMy WebLinkAbout09-09-2009 Special Council Meeting Minutes SPECIAL COUNCIL MEETING SEPTEMBER 9, 2009 The Special Council Meeting of the Council of the County of Kauai was called to order by the Council Chair at the Council Chambers, Historic County Building, 4396 Rice Street, Room 201, Lihu`e, Kauai, on Wednesday, September 9, 2009 at 8:35 a.m., after which the following members answered the call of the roll: Honorable Tim Bynum Honorable Dickie Chang Honorable Jay Furfaro Honorable Daryl W. Kaneshiro Honorable Lani T. Kawahara Honorable Derek S. K. Kawakami Honorable Bill "Kaipo" Asing, Council Chair APPROVAL OF AGENDA: Mr. Bynum moved for approval of the agenda as circulated, seconded by Mr. Chang, and unanimously carried. Chair Asing: With that, can we have the County Attorney up? There being no objections, the rules were suspended. MONA CLARK, DEPUTY COUNTY ATTORNEY: Mona Clark, Deputy County Clerk. ES-399 Pursuant to Hawaii Revised Statutes Sections 92-4 and 92- 5(a)(2), (4), and (8), the purpose of this executive session is to consider matters that require confidentiality under state law, to wit, the hiring of a County Auditor. The further purpose of this executive session is to meet with the Council's legal counsel on questions and issues relating to the Council's powers, duties, privileges and immunities and/or liabilities, claims and/or potential claims, as such powers, duties, privileges and immunities and/or liabilities, claims and/or potential claims relate to the foregoing item, and to take such action as the Council deems appropriate: Chair Asing: Thank you. With that, I'd like to call the meeting back to order. The meeting was called back to order, and proceeded as follows: Chair Asing: And entertain a motion to move into executive session. SPECIAL COUNCIL MEETING -2- September 9, 2009 PETER A. NAKAMURA, COUNTY CLERK: Council Chair, just one second. Just prior to the motion just for the record, there is no one from the public present. Chair Asing: Okay, thank you. Can I have a motion to move into executive session? Mr. Furfaro moved to go into executive session on ES-399, seconded by Mr. Chang, and unanimously carried. There being no objections, the Chair called for a recess at 8:37 a.m. The meeting was called back to order at 10:04 a.m. Chair Asing: We are in open session right now, so with that, let's open the door, so that members of the public can come in if they want to come in. With that, we are on the section of the executive session in the open meeting, so we are in that portion now and is there anyone in the audience who wants to speak on that special executive session open section? There being no objections, the rules were suspended. KEN TAYLOR: Chair and members of the Council, my name is Ken Taylor. I guess I have some concerns about this closed session in order to hire an auditor. It is my belief that by advertising for somebody to... anybody that wants... has the qualifications to be an auditor should be able to apply for the activity, and it should be a determination made of those applicants who is hired to move forward with doing the audit. I really have a difficult time. You folks were in closed session this morning for over an hour, almost an hour and a half, and I understand that you are going back into closed session later today to continue this activity. There is something terribly wrong here. I just don't understand the process of hiring an outside consultant, an auditor in this case to do an audit of the County's activities... why we are having to spend so much time in closed session and not be doing this in a public open manner. I just... it is beyond my comprehension and if you folks can't sit there and explain to us why this is necessary, then there is really something wrong with the process. Thank you. Chair Asing: Thank you. Is there anyone else? If not, what I would like to do to assist you is have the County Attorney. Mona? Amy, why don't you go ahead and read ES-399 for the benefit of the public. Go up Amy. AMY ESAKI, FIRST DEPUTY COUNTY ATTORNEY: Amy Esaki from the County Attorney's Office. I can read the language of ES-399. Chair Asing: Please do. Ms. Esaki: Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)(2), (4), and (8), the purpose of this executive session is to consider SPECIAL COUNCIL MEETING -3- September 9, 2009 matters that require confidentiality under state law, to wit, the hiring of a County Auditor. The further purpose of this executive session is to meet with the Council's legal counsel on questions and issues relating to the Council's powers, duties, privileges and immunities and/or liabilities, claims and/or potential claims, as such powers, duties, privileges and immunities and/or liabilities, claims and/or potential claims relate to the foregoing item, and to take such action as the Council deems appropriate. Chair Asing: Thank you. Hang on. Go ahead. Mr. Kaneshiro: Question for clarification purposes. County Attorney, one of the speakers mentioned that we are hiring a consultant and I believe we are not. We are hiring a personnel. Ms. Esaki: Right, we are not. Mr. Kaneshiro: in this particular position that was passed recently in a recent election. Ms. Esaki: Right, that is correct. Pursuant to the Charter amendment, we are hiring a County Auditor who is an employee of the County. Mr. Kaneshiro: Thank you. Chair Asing: Okay, thank you. Ms. Kawahara: Thank you. Chair Asing: With that, I'd like to call the meeting back to order. The meeting was called back to order, and proceeded as follows: Chair Asing: That was an attempt to assist you in understanding why we qualify to move into executive session, so that is the answer to your question. With that, I'd like to call the meeting back to order and have a motion to recess the open portion until 5 o'clock today at such time that we have not finished the interview process, and we had to cut it short because of this meeting that we are going to conduct now. So with that, can I have a motion to move... Mr. Kaneshiro moved to recess the meeting at 10:09 a.m., seconded by Mr. Furfaro. Chair Asing: Any discussion? Go ahead Councilmember Bynum. Mr. Bynum: Just to answer Mr. Taylor, the posting for this public says very clearly that this is to consider matters that require confidentiality SPECIAL COUNCIL MEETING -4- September 9, 2009 under State law, so we are just following the law. Chair Asing: Thank you. Any other questions? If not, all those in favor say aye. The motion to recess was then put, and unanimously carried. The meeting was called back to order at 8:50 p.m., and proceeded as follows: ADJOURNMENT: There being no further business, the meeting was adjourned at 8:50 p.m. Respectfully submitted, I ~ PETER A. NAKAMURA County Clerk