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Thames C. Bierlein
76-4397 Leilani Street
Kailua-Kona,HI 96740
Via email to C'o'Z/�?c lltc's'11117aJ1 l�l[I �1ci11,�1LI (1Pft7I1' t 3?'t LYt7.7??IirctaY fcl( 1 J7Ct i'c J:!)tf;_7/i f�ob each
C until 11lember and His Honor the_Mayor
January 15, 2021
The Honorable Mavor Mitch Roth COUNTY CLERK
County Council COUNTY OF HAWAI I I
County of HawaiRECEIVEDi
Time � ��s��L--
Hawai'i County Building
25 Auprrni Street Date _JQN 2 5 2021
Hilo, Hawaii 96720
Re: Appointment of Zendo Kern as Director for the County of Hawai'i Plannina Departirrent
Zoom Hearing Date/Time: January 19, 2021 @ 2:30 AM
Dear Mr. Mayor and Council Members:
Two week ago I wrote you asking for help understanding how Mr. Zendo Kern can be lawfully,
ethically, or practically considered for the position of Director of our Planning Department. After
that meeting I did a cursory internet search and.provided the results to the Ethics Board for their
hearing on the 13'. I am sharing those results and my comments to the Ethics Board for your
consideration. (See attached letter).
As state previously, I've met with Mr. Kern on prior occasions and found hire to be an amiable
person and an energetic advocate for his off-island developer clients. I like Mr. Kem and harbor
no ill-will toward him. I wish him well in all his endeavors. However, despite my personal
affinity for Mr.Kern, I cannot overlook the glaring issues with his appointment.
With all due respect, I submit that his appointment violates the law as established by our charter
and is therefore illegal. Below are the legal requirements and facts relevant to those
requirements:
Le al "Shall Have"Re RequirementsHin cts
Minimum 5 year of tl wining and exr. Keno has neither. His experience is in
a res onsible lannin 7 osition. es, marketin 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
Comm. No.
ef, o• PIP&
Ref, Date JAN 1 9 2021
From the desk of
`Phomas C. Blerlein
builders his entire adult career. He has held
no lanning 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 small
businesses which most recently employed two
workers to guard and maintain warehouse
space. NOTE: The Planning Department
em to s 66 people.
Further,his appointment raises a litany of ethical issues, both for hire personally and the entire
department. Mr. Kern's conflicts of interests effectively taint the entire department. Because
Mr. Kerr is at the "top of the pyramid" as the director, all his subordinates will have an innate
tendency to try to please him as their superior. The appearance of impropriety resonates so
loudly it is deafening and cannot be ignored nor corrected by isolating Mr. Kern from his
subordinates and his former clients. In addition to the glaring conflicts of interest, there are
serious concern regarding Mr. Kern's candor and forthrightness regarding his history and
background.
I urge the council to ask Mr. Kern to produce a copy of his high school diploma, the
',curriculum"for his alleged studies at the"Planning Officials Conference" in 2010, and a
complete list of all his former clients and his affiliated businesses. My search produced a list of
14 companies he owned and/or managed, 9 of which licenses were revoked or terminated for
unknown reasons. I ask the council to inquire of Mr. Kern regarding the circumstances that
resulted in his multiple business license revocations and terminations.
Mr. Kern and the department will be hamstrung and unable to fulfill their duties to the citizens.
The practical consequences will be insurmountable. Because Mr. Kern, in his own words,, has
represented a"myriad"of developers and clients,he will be forced to recuse himself far too
often to be an effective Director.
In conclusion, the appointment is illegal,unethical, and impracticable. I must be rejected.
Thank you for considering my comments.
Sincerely,
1s1
Thomas C. Bierlem