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FINDINGS OF FACT <br />To the extent that any of these Findings of Fact are Conclusions of Law, they are to be so <br />construed. <br />2. On January 24, 2021, Petitioner filed this petition requesting an opinion from the Hawai'i <br />County Board of Ethics as to whether Respondent violated Hawaii County Code ("HCC") <br />Section 2-83 when he voted to confirm Public Works Director Ikaika Rodenhurst. <br />3. Petitioner stated the following as a rationale for her petition: <br />"Mr. Richards signed on as reference before participating in the January 5 and January 20 <br />meetings, without knowing if the meetings would bring forth any information indicating <br />the confirmation of Mr. Rodenhurst would be an "unwarranted" advantage, contract, or <br />treatment under Section 2-83. In fact, information did come forth indicating confirmation <br />was "unwarranted". <br />4. Petitioner is a resident of the County of Hawai'i. <br />5. Respondent is a duly elected Hawaii County Council Member for District 9. <br />6. On December 8, 2020, Mayor Roth submitted a letter to the Hawaii County Council <br />(hereinafter referred to as the "Council") requesting confirmation of his appointment for Public <br />Works Director, Steven I. Rodenhurst also known as Ikaika Rodenhurst (hereinafter referred to <br />as "Director Rodenhurst"). <br />7. Director Rodenhurst listed Respondent as a reference on his resume for Public Works <br />Director. <br />8. Respondent was listed on Director Rodenhurst's resume as "Herbert M "Tim" Richards, <br />DVM-Hawaii County Council, District 9 Council Member". <br />9. On January 20, 2021, the Council voted to confirm Director Rodenhurst's appointment as <br />the Director of the Department of Public Works with a five to four vote. <br />10. Respondent was one of five Council Members who voted in favor of confirming Director <br />Rodenhurst. <br />2 <br />