LIHU‘E — A controversial advisory opinion authored by the county Board of Ethics, which has thrown into doubt the board’s stance on Charter Section 20.02D and already resulted in resignations from two volunteer commission members, could “foster continuing confusion and
LIHU‘E — A controversial advisory opinion authored by the county Board of Ethics, which has thrown into doubt the board’s stance on Charter Section 20.02D and already resulted in resignations from two volunteer commission members, could “foster continuing confusion and uncertainty,” according to the board’s chair.
The board delivered the opinion to Kaua‘i Economic Development Board President and CEO Matilda “Mattie” Yoshioka at its Aug. 13 meeting with the support of six of its seven members — Chair Leila Fuller voiced her disagreement with her colleagues’ answer through a dissenting opinion. Both documents were recently acquired by The Garden Island.
Yoshioka, then a member of the Charter Review Commission, had requested clarification of the ongoing discussion of conflicts of interest and the proscription against county officers and employees appearing on behalf of private interests before any county board, commission or agency.
“Based on the foregoing Code of Ethics provisions contained in the Charter, the opinions issued by the Office of the County Attorney dated March 5, 2008, and July 9, 2009, prior decisions of the board, and the written and oral testimony, the board did not reach a definitive determination in rendering this advisory opinion,” states the document, made available by the Office of Boards and Commissions.
The board also wrote that the opinions issued by the county attorney “do not sufficiently justify whether Section 20.02D of the Kaua‘i County Charter is superior to and thus, supersedes the provisions of the County Code” and asked that County Attorney Al Castillo render a revised opinion that answers three questions not answered by three prior opinions:
“Whether a charitable non-profit organization providing eleemosynary services to the community is a ‘private interest’ within the meaning of the code excluding organizations such as unions, political organizations, political action committees or other non-profits which are not based on charitable purposes;
“Whether it is proper or improper for the County Council to adopt legislation clarifying the provisions of Article XX, Code of Ethics, Kaua‘i County Charter; and
“Whether the voters’ rejection of the proposed Charter amendment at the last general election has any effect on the issue of prohibiting members of boards and commissions to appear on behalf of private interest before any county board, commission or agency.”
Pending receipt of and concurrence with the requested county attorney opinion, the board provided “interim” guidance and direction that Yoshioka is not to conduct presentations before the County Council or any board or commission and is not to request funding from the County Council.
“That’s part of my job. I would not be performing what I was paid to do here at KEDB, which is to bring up certain matters before Planning (Commission) or council on behalf of KEDB and our membership,” Yoshioka said last month in explaining her resignation, which she proffered one day after the August Board of Ethics meeting. “I would be derelict in my duties as president and CEO of KEDB if I was forbidden to do that.”
The opinion also led to the resignation of fellow Charter Review Commissioner Jonathan Chun, a private attorney who in February 2008 was given the go-ahead by the Board of Ethics to continue to represent his clients before county agencies.
“I regretfully take this action since it is unclear whether the Board of Ethics will continue to follow its earlier decision regarding my request for an opinion and I cannot, in good faith, continue to serve unless I know for sure that my service is in compliance with the law,” Chun wrote in his resignation letter last month.
In her dissenting opinion, Fuller warned that the opinion flew in the face of advice from the county’s legal advisers and could have a significant negative impact.
“The board’s advisory opinion is contrary to the legal advice provided by the county attorney that Section 20.02D of the Kaua‘i County Charter must be read and interpreted in conjunction with Section 3-1.7 of the Kaua‘i County Code,” Fuller wrote. “Rather than providing clarity and guidance, the board’s action on Aug. 13, 2009, only served to foster continuing confusion and uncertainty.”
The board’s next meeting is scheduled for Oct. 15. An agenda posted on the county Web site features multiple items connected to 20.02D, including:
— A request for an advisory opinion from Chun regarding members of Kaua‘i Workforce Investment Board
— A request for an advisory opinion from Director of Parks and Recreation Lenny Rapozo about a county employee’s potential conflict
— A declaratory order authored by Vice Chair Mark Hubbard
— The bulk of six separate executive sessions.
On the Web: For the full advisory opinion, Fuller’s dissenting opinion and other requested government documents, visit www.kauaiworld.com/sunshine.
