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1. Introduction <br /> We submit this joint affidavit to address breaches of public trust by Hawaii County <br /> Officials,specifically you,Ms. Frecia Cevallos,Deputy Director of Research and <br /> Development,and Mayor Mitch Roth,concerning the publication and promotion of the <br /> Final Draft of the General Plan 2045.These officials have violated public trust by <br /> concealing critical information and misleading the public regarding their involvement <br /> with international partnerships promoting "SMART Cities." <br /> 2. Factual Background <br /> A. Public Meeting of August 24,2023 <br /> On August 24,2023,during a public briefing led by Mayor Mitch Roth,a member of the <br /> public inquired about the county's stance on "SMART Cities." Mayor Roth responded <br /> that he did not know what a SMART City was and deferred the question to you,Ms. <br /> Cevallos,who also denied any knowledge of SMART Cities. <br /> B. Announcement of ICLEI Partnership <br /> On August 26,2023,just two days after the public meeting,the Office of the Mayor • <br /> released a press statement announcing a partnership with ICLEI (International Council <br /> for Local Environmental Initiatives)and the initiation of a sister city relationship between <br /> Hilo and Fortaleza,Brazil. ICLEI is internationally recognized for its role in planning and <br /> implementing SMART City initiatives. <br /> C.Cities Forward Program <br /> On September 26,2023,you attended a "Kick Off" meeting for the Cities Forward <br /> program.At this meeting,you were paired with Luciana Loro,Secretary of Planning and <br /> Environment of Fortaleza,Brazil. Fortaleza is in proximity to a developing SMART City, <br /> as documented by the Planet Smart City initiative,which has partnered with ICLEI. <br /> Despite these connections,neither Mayor Roth nor you disclosed these developments at <br /> the August 24th public meeting. <br /> 3. Legal Breaches <br /> A. Violation of Public Trust(Hawaii County Charter,Section 13-10) <br /> The Hawaii County Charter requires that public officers and employees conduct <br /> themselves in a manner that maintains the public's trust.The failure to disclose critical <br /> information regarding the county's involvement with ICLEI and the SMART City <br /> initiative constitutes a breach of public trust,as it denied the community the ability to <br /> engage in a transparent and informed consultation process for the General Plan 2045. <br /> B. Breach of Sunshine Law(HRS §92-1 et seq.) <br /> The Hawaii Revised Statutes require that government actions be conducted in an open <br /> and transparent manner.The failure to disclose the ICLEI partnership and the timing of <br /> meetings that limited public participation violates Hawaii's Sunshine Law,which ensures <br /> public access to government processes and decision-making.The failure to make <br /> information public,as articulated in the Sunshine Law, implies that if the partnership or <br /> planning initiatives were already underway and not properly disclosed to the public <br /> before or during the meeting,it could be grounds for a breach of transparency <br /> obligations. <br /> C.Deceptive Practices in Government Planning(HRS §91-7) <br /> Under Hawaii Revised Statutes,it is unlawful for public officials to engage in deceptive <br /> practices during public consultations or planning processes.The denial of knowledge <br /> regarding SMART Cities during the public meeting,followed closely by the <br />