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HomeMy WebLinkAboutREP PC 002 2021/01/19 (2020-2022) PC-2 APPOINTMENT OF ZENDO KERN AS PLANNING DIRECTOR (Comm. 44): Negative Recommendation: Due to a vote of 4-ayes, 5-noes Requires Council Confirmation by: February 5, 2021 (Section 13-8, Hawaii County Charter) CONFIRMED: Ayes: Council Members Chung, Kierkiewicz, Kimball, Lee Loy, and Richards— 5. Noes: Council Members Inaba, Kaneali`i-Kleinfelder, Villegas, and Chair David—4. Absent: None. Excused: None. Page 14 REPORT OF THE COMMITTEE GN PLANNING DATE: January 19, 2021 Re: Comm. No. 44 PLACE: Council Chambers Hilo, Hawai'i TIME: 2:31 p.m. Council Chair and Members Ilawai'i County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication 44, reports as follows: Communication No. 44, transmitted by Mayor Mitchell D. Roth, dated December 11, 2020, nominates Zendo Kern as Planning Director. Zendo Kern is a lifelong resident of Hawaii County, and has more than 20 years of planning experience as a consultant. He has held a myriad of executive and managerial roles in the private sector, where he oversaw construction, planning, and property management projects island wide. If confirmed, Mr. Kern will serve a term as Director of the Planning Department, co-terminus with Mayor Roth, which will end December 2, 2024. Managing Director and Acting-Mayor Lee Lord introduced Mr. Kern and provided background information on the hiring and selection process. He emphasized that Mr. Kern met all requirements for Planning Director, and received unanimous support from the hiring panel. Mr. Lord called upon William (Bill)Brilhante, Director of Human Resources, to address the committee's concerns that Mr. Kern is not qualified. Mr. Brilhante said that he was asked to conduct an unofficial assessment of Mr. Kern's qualifications as they pertain to the requirements listed in Article VI, Chapter 7, Section 6-7.2 of the Charter. He expressed that the Charter's language is vague around the words "reasonable" and "responsible;"however, general requirements were used to assess that Mr. Kern is qualified. Committee Members Rebecca Villegas stressed that this is an unofficial opinion, and, with Committee Member Heather Kimball, expressed concerns regarding the hiring process and asked for the identities of selection panel members. Mr. Lord responded that they will ask the hiring panel members for their consent to publicly disclose their identities. Two members of the hiring panel, Ken Van Bergen and Craig Takamine, were in attendance to speak on behalf of the hiring process; to which they reiterated the fact that Mr. Kern was unanimously chosen as the best and most qualified candidate. There were zero objections to his selection for the Planning Director position. PC Report No.: 2 PC-2 Page 2 January 19, 2021 Jeff Darrow, Deputy Director of Planning, addressed concerns regarding potential conflicts of interest. He said that he will take over on any project they may appear to be in conflict of interest. Mr. Kern then spoke about his experience growing up in Hawaii Island and on his experience as a planning consultant. He stressed the importance of practicing ethics, and that he will not be involved in any projects with former clients. He noted that there will be many people involved with his work and reiterated that Mr. Darrow will take up any work related to his former clients and business. Mr. Kern also referred to his 20 years of experience as a planning consultant, and how his actions and experience qualifies him for the Planning Director position. Council Chair Maile David brought up that qualifications and requirements from other counties' charters, and the distinction between public service and working in the private sector. She did not view Mr. Kern's time in public service as adequate administrative capacity. Renee Schoen, Assistant Corporation Counsel, was asked by Committee Chair Ashley Kierkiewicz to provide definition on administrative capacity. Ms. Schoen read from the Charter that "No less than three years of experience shall have been in an administrative capacity." She further explained that there is no definition regarding "administrative capacity" in the Charter or Code and urged Committee Members not to add language to the Charter. Several Committee Members held firmly to their personal interpretation of the Charter requirements for the position and did not view Mr. Kern qualified for the position. They had expressed their view that despite having over 20 years of planning experience, Mr. Kern did not hold three years of administrative capacity per the Charter. Committee Member Heather Kimball stated that she did not see the required training on his resume. Mr. Kern replied that he has attended many training courses throughout the year and considers his actions and experience as training as well. Committee Member Rebecca Villegas said that the administration is trying to overcompensate by having Human Resources and Corporation Counsel express their view that Mr. Kern is qualified, and that this process gives her a"sore tummy." Other Committee Members recognized Mr. Kern's experience and accomplishments, and voiced their support for him. Committee Members Sue Lee Loy and Tim Richards noted their appreciation that Mr. Darrow came out of retirement and his 20 years of experience in the Planning Department. Mr. Richards asked Mr. Kern what his view was on affordable housing, to which Mr. Kern said that he was a proponent. Committee Member Aaron Chung inquired on whether Mr. Kern donated to Ms. Villegas's opponent, and if he did, then would he be able to treat Ms. Villegas fairly. Mr. Kern confirmed that he had donated to her opponent but he would treat every Committee Member fairly. Mr. Chung also mentioned that while Mr. Kern was on the Planning Commission he had voted against a constituent's project, but that constituent still supports Mr. Kern's nomination. Mr. Richards said Mr. Kern has the necessary credentials, and he respects the nomination of the Mayor. Chair Kierkiewicz asked him several questions regarding Recovery Team priorities, short-term vacation rentals, and current community engagement within the Planning Department, to which Mr. Kern shared his vision and solutions for the department. Ms. Kierkiewicz noted that there are many checks and balances in place to PC Report No.: 2 PC-2 Page 3 January 19, 2021 ensure no conflicts of interest. She also expressed that Mr. Kern has earned her trust and respect, and that he has the necessary experience for Planning Director. Your Committee on Planning is not in accord with the purpose and intent of Communication No. 44, and forwards it to Council with a negative recommendation, jS AYES NOES ABS Ex Respectfully submitted, CHUNG X ®AVID X COMMITTEE ON L NNING INABA X KANEALPI-KLEINFELDER X KIERKIEWICZ X � KIMBALL LEE LOV X ASHLEY L. KIERKIEWICZ, CHAIR RICHARDS X PC REPORT NO.: 2 VILLEGAS X ADOPTED: