NOTICE OF PUBLIC HEARING
The Kaua’i County’s Board of Ethics will hold a public hearing in the Boards & Commissions Conference Room of the Pi`ikoi Building, located at 4444 Rice Street, Suite 300, Lihu’e, Kaua’i, Hawai’i, on May 15, 2026 at 1:00 p.m. or as soon as possible thereafter, for purposes of hearing and receiving public testimony and comments from all interested persons regarding the following item:
PROPOSED AMENDMENTS TO THE
KAUA`I COUNTY BOARD OF ETHICS
RULES AND REGULATIONS – PART I
The Kaua’i County Board of Ethics (the “Board”) has proposed to amend Rule 1, Rule 2, Rule 3, Rule 5, Rule 6, Rule 7, and Rule 8 of the Board’s Rules and Regulations to allow for anonymous complaints. The particular changes are as described below. Rule material to be repealed is bracketed and stricken. New material is underscored.
RULE 1: GENERAL PROVISIONS
1.2 DEFINITIONS
“Answer” – the written response to the [complaint] Complaint filed with the Board by the person disputing that [complaint] Complaint.
“Complainant” – the party who has filed a [complaint] Complaint alleging that an officer or employee has violated the Code of Ethics.
“Complaint” – a written complaint whether signed and notarized under oath or anonymous [notarized letter], or a document authorized by a resolution of the Board, setting forth the basic facts alleging a violation of one or more provisions of the Code of Ethics.
“Decision” – the written conclusion of the Board rendered after the hearing, upon due deliberation of a [complaint] Complaint.
“Deleted opinion or decision” – a summary of an [advisory opinion] Advisory Opinion, or decision, in which the identity of persons is not disclosed.
“Ruling” – a statement of Board action, which may be followed by an [advisory opinion] Advisory Opinion rendered due to the requester’s need for immediate guidance.
RULE 2: DOCUMENTS, SERVICE, WITNESSES AND SUBPOENAS
2.1 FILING OF DOCUMENTS
(a) Where. All disclosures, [complaints] Complaints, requests for opinions, motions, submittals, reports, petitions, briefs, memoranda, and other papers required to be filed with the Board shall be filed by either mailing or hand-carrying same to the Office of the Board of Ethics. The date of the actual receipt of all papers filed and such shall be deemed the official time of filing.
(b) Certificate of Truth. All papers shall be legible and be signed in ink by the party executing same or by his duly authorized agent or attorney. The signature of the person signing the document constitutes a certification that he had read the document; that to the best of his knowledge, information and belief, every statement contained therein is true and no such statements are misleading; and that it is not for purposes of delay. Anonymous submissions may be accepted provided that the filing clearly states that it is submitted anonymously.
(c) Name and Address of Affected Persons. The initial document filed by any person in any proceeding shall state on the first page thereof his name, mailing address, and telephone number as well as the name, mailing address, and telephone number of others to be served with any documents filed in the proceeding. Anonymous submissions may be accepted provided that the filing clearly states that it is submitted anonymously.
2.4 SERVICE OF PROCESS
(a) By Whom Served. The Board shall cause to be served all orders, notices, and other papers which it is required by law to serve. Answers, motions, memoranda, and other pleadings relating to [complaints] the Complaints or hearing shall be served by the party filing same.
(c) Method of Service. The [service of complaint] Complaint, shall be [made] personally served, unless anonymous, upon the Board. [the individual, or in case he] The Board shall then serve the Respondent the Complaint, including any Answers, motions, memoranda, and other pleadings relating to the Complaint. If the Respondent cannot be found, service may instead be made by leaving copies at his usual place of abode with some person of suitable age and discretion then residing there, or by delivering a copy to an agent designated by him or by law to receive service of such papers.
RULE 3: DISCLOSURE REQUIREMENTS
3.3 PROCEDURE AFTER FILING
Each disclosure will be reviewed by the Board for conflicts of interest. If a conflict or potential conflict is found, the Board will so notify the individual and advise corrective action to be taken to avoid violation of the Code of Ethics. Where the situation is deemed to have precedential value, the Board will proceed as though the disclosure was a request for an [advisory opinion] Advisory Opinion, and after rendering such, circulate a deleted [advisory opinion] Advisory Opinion to appropriate county agencies, officers, and employees.
RULE 5: ADVISORY OPINION
5.1 REQUEST FOR ADVISORY OPINION
(a) Applicability. Advisory [opinions] Opinions may be requested by officers or employees to assist them in the proper performance of their official duties and responsibilities in accordance with the Code of Ethics.
(b) Form. All requests for [advisory opinions] Advisory Opinions made to the Board shall be in writing and shall contain (1) the name of the person requesting the opinion, (2) the County agency in which he serves or works, (3) his position therein, (4) the nature and duties of his service or employment, (5) the date of request, (6) contact information (7) a statement of the facts and circumstances upon which the Board is to make its determination, and (8) the signature of the person requesting the opinion.
(c) Supplementary Information. The Board, with prior notice to the person requesting the opinion, may interview or cause to be interviewed anyone who may have information desired by the Board in the consideration of a request for an [advisory opinion] Advisory Opinion.
(d) Filing Completed. A request for an [advisory opinion] Advisory Opinion is considered filed when the Board has received in writing all the information deemed necessary by it to make a proper determination.
5.2 RENDERING OF ADVISORY OPINION
(a) Timeframe, Signatures, and Mailing. An [advisory opinion] Advisory Opinion shall be rendered within forty-five (45) days after the filing of the request has been finalized. It will be considered rendered when the Board has put the matter to a vote. After the opinion has been rendered, it shall be put in writing and signed by at least one (1) member of the Board. The written opinion shall be personally delivered or placed in the mail, postage prepaid and addressed to the person requesting the opinion at the address furnished by him. [Time period amended from 30 to 45 days by 2010 Charter Amendment]
5.3 AN OPINION RENDERED BY LAPSE OF FORTY FIVE (45) DAYS
Failure by the Board to render an [advisory opinion] Advisory Opinion within forty five (45) days after the filing of a request therefore shall be deemed a finding of no breach of the Code of Ethics. It shall be incumbent on the County Attorney to notify the person requesting the opinion. [Time period amended from 30 to 45 days by 2010 Charter Amendment]
RULE 6: COMPLAINTS
6.1 COMPLAINTS INSTITUTED BY A MEMBER OF THE PUBLIC
(a) Content. All [complaints] Complaints shall contain a concise statement of the facts constituting the alleged violation of the Code of Ethics, the name and position of the [respondent] Respondent, and shall be filed on the promulgated Complaint Form. [, and shall be signed under oath by the complainant. The oath shall be administered in accordance with the laws of the State of Hawai’i]. A copy of the Complaint form is located at: Microsoft Word – Complaint_Form or https://www.kauai.gov/files/assets/public/v/1/boards-and-commissions/board-of-ethics/complaint_form-081123.pdf or 4444 Rice Street, Suite 300, Lihu’e, Hawai’i 96766.
(b) Deficiency. Upon receipt of a document which does not comply with the requirements of sub-paragraph (a) of this rule, the Board may accept, reject or return the document noting the deficiency. The Board may accept or reject any anonymous Complaint.
(c) Deliberation. Upon receipt of a [complaint] Complaint, the Board shall investigate and/or deliberate on its merits. The Board may request a meeting with the [complainant] Complainant to gather more information. The Board may reject such [complaint] Complaint at this time and so notify the [complainant] Complainant, if known, or decide to investigate further by calling for an informal or formal hearing. The Board may also accept the Complaint at this time, and serve the Respondent.
(d) Open Session. The [respondent] Respondent may request that the hearing be held in open session. Otherwise, the hearing shall be held in closed session.
6.2 COMPLAINTS INITIATED BY THE BOARD
(a) Investigation. Upon receipt of information indicating a possible violation of the Code of Ethics, the Board shall initiate an investigation, the nature and scope of which shall be defined by resolution.
(b) Complaint. If after such investigation the Board resolves to initiate a [complaint] Complaint, the same shall be reduced to writing and signed by one (1) or more members of the Board.
RULE 7: INFORMAL HEARING
(a) Notice. Upon the decision to hold an informal hearing, the Board shall notify the [respondent] Respondent in writing of a proposed informal hearing and request his attendance for the purpose of obtaining further information concerning his alleged violation of the Code of Ethics. The notice of informal hearing shall state the date, time, and place of the hearing and shall be given not less than six (6) days prior to the hearing. Such hearing shall be in executive session and may be recessed to a later day or to a different place without notice other than the announcement by the Board at the hearing.
(b) Consolidation. The Board, upon its own initiative or upon motion, may consolidate for hearing or for other purposes, proceedings which involve substantially the same parties or issues if it finds the same to be expeditious and nonprejudicial.
(c) Procedure for an Informal Hearing.
(1) The [Presiding member] presiding Officer of the Board shall convene the hearing and read the [complaint] Complaint. The hearing, although informal, will be conducted in an orderly manner. Board members shall have an opportunity to direct questions to the [respondent] Respondent and he shall be afforded an opportunity to explain the alleged violation of the Code of Ethics. The Board reserves the right to not take witness testimony.
(2) The [respondent] Respondent may attend the informal hearing with counsel or authorized agent.
(d) Preliminary Opinion. Within a reasonable time after the informal hearing, the Board shall render an opinion as to whether or not there is a probable violation of the Code of Ethics by the [respondent] Respondent.
(1) If no probable violation is indicated by the opinion, the [complaint] Complaint shall be dismissed by the Board, and the [complainant] Complainant, if known, so notified.
(2) If a probable violation is indicated by the opinion, the Board shall cause the [respondent] Respondent to be served with a copy of the complaint and preliminary opinion. The [respondent] Respondent shall have twenty (20) days after service to answer the complaint in writing. The answer shall specifically admit, deny, or explain the allegations of the complaint and shall set forth any matter constituting a defense.
(e) Disposition. Upon failure to file an answer or upon admission of the allegations of the [complaint] Complaint, the Board shall make its final decision and transmit its decision and recommendation to the Council as to [complaints] Complaints involving County officers and to the Civil Service Board, the Mayor and appropriate Department Head as to County employees for appropriate disposition; in addition, copies of the Board’s decision and recommendations may be referred to the pertinent officer or agency for disciplinary action.
RULE 8: FORMAL AND CONTESTED HEARINGS
8.1 STATUTORY AUTHORITY, PETITION, SETTING, AND NOTICE
(a) Written Notice. Should the Board decide to hold a formal hearing, the Board shall give at least fifteen (15) days written notice prior to the hearing, unless such notice is waived in writing by the [respondent] Respondent. The notice of hearing shall state:
(1) The date, time and place.
(2) The legal authority for the hearing.
(3) The particular sections of Article XX and/or the rules involved.
(4) The right to the party to counsel if so desired
(5) The right to request an open hearing.
(b) Oral Notice. Once commenced, the hearing may be recessed to a later day or to a different place, without notice other than the announcement thereof at the hearing.
8.2 REQUEST FOR AN OPEN HEARING
A [respondent] Respondent who wants an open hearing shall file a request for same at least seven (7) days prior to the time set for the hearing. The Board, for good cause shown, may waive the foregoing requirement, and may impose conditions deemed advisable.
8.3 PRE-HEARING CONFERENCE
(a) Other Subject Matter. In any action, the Board may direct the parties or their agents or attorneys to appear before it for a conference to consider:
(1) Simplification of the issues.
(2) Amendments to the pleadings.
(3) Avoidance of unnecessary proof by obtaining admissions of fact and of existence and
contents of documents.
(4) Limitation of the number of witnesses.
(5) Other matters as may aid in the disposition of the [complaint] Complaint.
8.4 HEARING PROCEDURE
(a) Rules and Procedures.
1. The [Presiding] presiding Officer shall convene the hearing, shall read the [complaint] Complaint, and the pre-hearing order, if any.
(b) Closing the Hearing. The [Presiding] presiding Officer shall bring the hearing to a close after final arguments have been completed. All requested memoranda shall be submitted prior to the final decision of the Board.
8.6 RECORD OF THE HEARING
The record of the hearing shall be compiled pursuant to law. The [complainant] Complainant and the [respondent] Respondent shall be entitled to a copy of the record of the hearing or any part thereof upon application to the Board and upon payment of the costs therefore.
8.7 CHARGE
Upon a determination that a violation exists, the Board shall transmit its findings to the Council as to [complaints] Complaints involving County officers and to the Civil Service Board, the Mayor and appropriate Department Head as to County employees.
A copy of the proposed amendments will be mailed to any interested person who requests a copy and pay the required fees for the copy and the postage. Requests may be made by phone, email, or by mail. All requests may be addressed to Anela Davis, Administrative Assistant, Office of Boards and Commissions, County of Kaua’i, located at 4444 Rice Street, Suite 300, Lihu’e, Hawai’i 96766. Phone (808) 241-4917. Email: adavis@kauai.gov. Requests may be made up to and including the date of the public hearing.
The proposed amendments maybe reviewed in person between the hours of 7:45 a.m. and 4:30 p.m., Monday through Friday (excluding State of Hawai’i holidays), at the Office of Boards and Commissions. Proposed amendments may be reviewed any time up to and including the date of the public hearing.
All interested persons may submit data, views, arguments, or other testimony orally or in writing, or both, concerning the proposed rule amendments any time up to and including the date of the public hearing.
The Board may impose a time limit for each person presenting testimony at the hearing.
BY THE ORDER OF THE BOARD OF ETHICS
Chantal Zarbaugh, Chairperson
NOTE: If you need an auxiliary aid/service or other accommodation due to a disability, or an interpreter for non-English speaking person, contact Anela Davis at (808) 241-4917 and adavis@kauai.gov as soon as possible. Request made as early as possible will allow adequate time to fulfill your request. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy.
TGI1524891 4/13/26)
