HomeMy WebLinkAboutCOM 0044.006 2020-2022 Thomas C. Bierlein
76-4397 Leilani Street
Kailua-Kona,HI 96740
Via ernai.: cc,unciF r, tzrna� and to each Conncil JVlember
COUNTY CLERK
County Council
COUNTY ,OF HAWAII
County of Ha.wai'i
RECEIVED
Hawai'i County Building Time G�It V.fA By
25 Aupum Street JAN Q 2�2�
Hilo, Hawaii 96720 Date
Re: Appointment of Zendo Kern as Director for the County of Hawaii Planning Department
Zoom Hearing Date/Time: January 5, 2021 a 10:30 AM
Dear Council Members:
I am writing to ask for your help understanding how Mr. Zendo Kenn can be lawfitlly, ethically
or practically considered for the position of Director of our Planning Department let alone
appointed by our mayor and approved by this Council.
I have had the pleasure of meeting Mr. Kern on prior occasions in his capacity as an energetic
and zealous advocate on behalf of off island developers who own or control and wish to develop
properties in our community. I have no knowledge of Mr. Kern serving in any advocacy
capacity on behalf of the general public or individual homeowners.
Although he is certainly a nice guy, he cannot legally hold the position. A review of his resume
reveals that he did not receive a formal high school education and pursued no credits at the
college level. While he cites his attendance at a Planning Officials Conference in 2010 as
"Education"on his resume, the fact of the matter is that the private organization's annual
conferences are more akin to lobbying opportunities and entertainment than formal education.
See for example: [ijt s.,`,' _gjvii.lbeat oI.........._i/Io :: ha v°aii-,co
� itlr-.ubhc-officials
Mr. Kern's resume confirms that he home schooled to obtain a high school diploma and
presumably as an 18-year-old moved off island to sell "building services" for a private builder in
Canada for three years. He apparently returned to Hawaii at age 21 and sold"building services"
for a private builder in Hilo. That job lasted about two years until 2003 when he started his own
company, Superior Development Croup. Mr. Kern has been self-employed as a developer and
earned his living in the service of other much larger developers.
As for employment, Mr. Kern identifies three companies by whom he has been"employed"
since 2010. They are Zendo Kern Enterprises,LLC; Taialoha Company.; and, Kern &
Associates (Zendo Kern Planning Consultant). A brief look at public records relating to those
"employers"reveal that they are all effectively alter egos of Mr. Kern, not independent
employers that might provide him with training, education or experience, certainly none to the
extent necessary to overcome the glaring fact that Mr. Kern has no college education and none of
the training or experience required by the position of Director of the Planning Department,
Comm. No. 40
Ref. To: P1 PQ
Ref. Date-AR7 22021
From the desk of
Thomas C. Blerlein
The "Law of the Land"regarding the requirements for consideration as a candidate for the
position of Director of the Planning Department are clearly set forth in Chapter 7, Section 6-7.2
of our County2 Charter. Subsection (a) reads as follows:
The planning director shall be appointed by the mayor, confirmed by the council
and may be removed by the mayor. The planning director shall have had a
minimum of five years of training and experience in a responsible planning
position, or a degree in planning, engineering, architecture, geography, or
another planning-related field and three years of experience in a responsible
planning position. No less than three years of experience shall have been in
an administrative capacity. (Emphasis added).
Confirmation of the mayor's appointment of Zendo Kern would be unlawful. Under the law by
which we are all hound, the term "shall"means the required condition or action is absolutely
mandated, obligatory, and not subject to modification or disobedience.This Council must apply
the law to the facts as they have been.presented. The legal requirements and facts are
sumrmariaed as follows:
Legal "Shall Have" Requirements Facts
Minimum 5 year of training and experience in Mr. Keno has neither. His experience is in
a responsible planning position. sales, marketing and lobbying.
A degree in planning, engineering, Mr. Kern has no college degree or college
architecture, geography, or another planning- credits.
related field
Three years experience in a responsible Mr. Kern has been essentially self-employed
planning position. as a consultant (lobbyist) for off island
builders his entire adult career. He has held
no planning position.
No less than three years of experience shall Mr. Kern has no administrative experience
have been in an administrative capacity. outside the administration of his own shall
businesses which most recently employed two
workers to guard and maintain warehouse
space. NOTE: The Planning Department
employs 66 people.
Moreover,there are the myriad of ethical implications involved when a person with absolutely
none of the qualifications required by our County Charter for an Executive position in our
govenzment has longstanding personal and financial relationships with off island builders on
whose behalf he has been lobbying the Planning Department for at least a decade to permit his
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From the desk of
Thomas C. Bierlein
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clients to develop our island.. The appearances of impropriety are overwhelming and cannot be
ignored. On ethical grounds alone Mr. Kern cannot serve as Director.
Lastly, from a practical perspective, Mr. Kern would be completely ineffective as Director
because he would be required to recuse himself from all contact with his employees regarding
the pending applications and future communications with his current and former clients, their
successors, and the properties involved. One might go so far as to assert that the entire
department could not ethically process any matters relating to Mr. Kern's clients, former clients,
or their successors because by virtue of his executive position his subordinates could not
independently, fairly, or ethically be involved.
In conclusion, because the law so clearly disqualifies Mr. Kern, I strongly urge the Council to
summarily reject the appointment of Zendo Kern as Director of the County of Hawaii Planning
Department at the hearing on January 5t1i If this Council is not inclined to immediately reject the
appointment? I ask that a second hearing be scheduled after Mr. Kem returns from his three-week
vacation to allow the Council and citizens to inquire of Mr. Kern, his references, and members of
the connnunity regarding his qualifications, fitness, and ability to serve.
Thank you for considering my comments.
Sincerely,
Isl
Thomas C. Bierlein