2016-11-09 Regular Session Minutes

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Kenoi's criminal defense attorney said during his trial for theft. There's a difference standard for determining wrong-doing in a criminal case which requires a finding a specific intent, versus in the case of ethical standards, which only require s a finding that the charged party acted contrary to the county's ethical standards. The answer to the question whether Kenoi acted contrary to our County's ethics code is really a no brainer. The substantive issue is the follow up question: Do you, now that the Mayor is about to leave office, have the authority to transmit the complaint to the Council with an advisory opinion recommending an appropriate punishment. The common sense response it that you as a Board do find Mayor Kenoi acted contrary to the county's ethical standards; he is blameworthy; and there should be consequences for his wrongdoing. In fact he should be here admitting to that and apologizing and asking for forgiveness and accepting the consequences instead of having the attorneys come here and say give us another pass. Without a doubt Kenoi's actions violated the Charter, including Ethical Standards 14-2(b) and (c) which are pretty closely related. Let's take just instance—using his -card for who knows whatever services at a Honolulu hostess bar. Certainly that alone is an activity(quoting from the Charter) "which might reasonably tend to be incompatible with the proper discharge of their official duties; and as well, using "their official position to secure special privileges, consideration, treatment or exemption to themselves beyond that which is available to every other person" which are in violation of those two provisions. Assuming you have the common sense and integrity to agree that those sections of the Charter were violated, I suggest at minimum you recommend he voluntarily submit to community services, say for example, walking around the island in the footpath of recently deceased good Samaritan Clifford Kopff and pick up trash along the highway. Do something and have some kind of consequences. In addition I would ask that he apologize for his flagrant abuse of power. He did say he was sorry—but for what—without specifying what the apology is for, it amounts to no more than an apology for getting caught. And concerning his bountiful use of alcohol, don't try to say it is no biggie -just part of the Island culture. Consider that earlier this year someone who appeared to be one of the Directors in his Administration was driving drunk on Saddle Road returning to Hilo. The police were alerted by 911 calls long before the vehicle reached Hilo. Yet, despite the time to do so and the urgency conveyed, no police were dispatched to stop the life endangering drunken driving. Is that the kind of party alcohol culture you want to condone here? Much has been said about what a good guy Billy Kenoi is and that he has done much good and I agree with that but in many ways Billy Kenoi is a Dr. 2