Petition 2021-03 - Informal Advisory Opinion (07-14-21)

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3. Petitioner is a fee simple owner of a parcel of land located at 73-1915 Kaloko Drive, Kailua-Kona, Hawai'i, identified by Tax Map Key Parcel No. (3) 7-3-025:002 (hereinafter referred to as "Property") as Trustee of her personal trust. 4. Petitioner has owned the Property since 2017. 5. There is a pending subdivision application for the Property with the Hawai'i County Planning Department, which was submitted by Petitioner's consultant in the spring of 2020. 6. In March 2021, Petitioner accepted a job with the Office of the Corporation Counsel of the County of Hawai'i as a Deputy Corporation Counsel. 7. Petitioner is assigned to advise the County of Hawai'i Planning Department and the Public Access, Open Space & Natural Resources Preservation Commission (hereinafter referred to as "PONC"). 8. The subdivision application is subject to ministerial approval and typically does not involve or require legal advice. 9. On or about March 2021, a member of the public submitted an application to PONC for acquisition of the Kaloko Hiking Trail by the County of Hawai'i, a portion of which crosses a corner of Petitioner's Property. 10. Petitioner did not have knowledge of the application to PONC and it was made without willing landowner letters from Petitioner or other affected landowners. 11. Petitioner proposes the following protocols to comply with the Hawai'i Code of Ethics. B. Petitioner's Proposal Regarding her Subdivision Application 12. Petitioner will have no role in processing the subdivision application and will not take any official action related to her subdivision application.