HomeMy WebLinkAboutCOM 0044.026 2020-2022 From: Sidney Fuke COUNTY CLERK
Sent: Tuesday, January 05, 2021 2:33 PM COUNTYOF HAWAII
To: Council Testimony RECEIVED
Subject: Confirmation of Zendo Kern Time 2:55 go
Date JAN 0 5 2021
My name is SF and prior to being a County Planning
Director, I served as a Deputy to the late Raymond Suefuji.
would like to share a story about Mr. Suefuji and some other
matters which may help with your evaluation of Mr. Kern.
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The first County Charter was adopted in 1968. Prior to being
initially appointed as Acting Planning Director in 1969 and then
Director a year later, Mr. Suefuji worked as a draftsperson for the
the Planning Department. The staff consisted of a Director,
Deputy, the "jack of all trades" draftsperson, and a couple of
clerical positions. The Charter requirements then for a Planning
Director are pretty much like today's.
Unlike his predecessors, he did not have a college degree in
planning or a related field. He did, however, have lots of "hands
on" and "on the job" experience in the planning and land use field.
Born and raised on the island, he also understood the community.
During the confirmation process, there were questions
relating to his "academic" qualifications. In the end, he was
confirmed. Over a 3-year period, he oversaw the adoption of the
zoning map for the entire County, culminating with the adoption of
the County's first comprehensive General Plan in 1971 . Mr.
Suefuji was its principal architect, and this Plan is one which still
serves as the foundation of the current Plan.
Thus, relative to qualifications, in my opinion, Mr. Suefuji's
situation clearly demonstrates that the absence or presence of a j
college degree or degrees does not define a person's
qualification. What does, however, is having a working Comm. No.
knowledge of the basic planning tools, an understanding of the Ref. o: R
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community, and a sense of commitment to the task at hand.
Does Mr'.',;Kern have a fundamental understanding of the
"maze" and myriad of land use and planning regulations we have
today? As a former Planning Director and now a slowly retiring
consultant, in my opinion, unquestionably YES.
We know that Mr. Kern was retained to provide consultant
services to some clients whose projects have not been well
received by some of their neighbors or members of the
community. In other words, tough projects. Two comments on
that.
On one hand, his being retained as a planning consultant on
those projects should be a clear testament of his knowledge
of the maze of planning and land use regulations.
On the other, the role of a consultant and the project itself
has become unfairly blended. When one seeks a planning
consultant, like an attorney, accountant, or electrician, it is
a signal for help. Providing help for compensation - which is
the nature of consultancy or any occupation - does not mean
that YOU are the client and/or its project. If so, we would
find many attorneys behind bars with their clients.
Whether a nominee has a pro-environmental, pro-
developmental, or any other pro-"clivity" or inclination, the Charter
is clear with respect to the role of the Director. That is, to advise
the Commission, Mayor, and Council and to implement adopted
Council policies and the Mayor's vision. . .not to craft and
implement the Director's own policies or vision.
Further, in implementing these policies, the Charter provides
checks to counter abuse or erroneous factual interpretation of
these policies — and that is through the Board of Appeals. The
Board has heard and adjudicated on a lot of appeals — some
for and some against the Director. Some claim that appealing the
Director's decision reflects the incompetence of the consultant or
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just wanting one's way, I say it is a healthy and needed
democratic process. It provides a system of checks and
glances, leaving little opportunity for the Director to go "rogue' .
The Director, like all County officials, must file annual
Financial Disclosure Forms, where real or perceived conflicts
of interest can be publicly vetted and even brought before the
Board of Ethics for disposition. Again, the principle of checks and
balances outlined in our Charter clearly helps guard against
conflict and public corruption.
Finally, be it our US or State Constitution or County Charter,
there is a residency requirement for all elected officials. The
unwritten concept here is that residency assures having an official
who presumably has a better understanding of the area or
community he or she represents than a total stranger.
While this requirement does not apply to the Planning
Director, it is equally important. Mr. Kern has lived and worked in
Hawaii Island all his life. In my opinion, that can only help him
develop a level of understanding and sensitivity of the island's
culture and nuances. And that is important to make fair,
balanced, and rational decisions and recommendations.
In closing, I would like to note that in this ever-changing
world, it is important to have individuals who have the courage to
think and recommend things that are "outside the box." Not to fear
though, for in the end, it will be your decision through legislation to
accept or reject these "outside the box" thoughts.
I therefore hope and trust, that as you review all comments
relating to Mr. Kern's qualifications and ability to lead the
Planning Department, you will conclude that he is not only
qualified but, at this time, much needed for this position.
Thank you very much ,
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