HomeMy WebLinkAboutCOM 0044.086 2020-2022 l
January 14, 2021
Members of the Council
County of Hawaii
RE:Appointment of Kendo Kern as Planning Director COUNTY
CLERK
COUNTY OF HAWAIII
RECEIVED
Dear Council Members: Time 11:44 d,M. By_dV —�
Date JAN 1 4 2021
1 am writing in opposition to the appointment of Zendo Kern as Planning Director. I am a full-time resident of Kailua
Kona. Although retired, I worked 40 years in local government in Southern California so I have witnessed the planning
approval process from a variety of jurisdictions many many times(the good,the bad and the ugly). I do not know Mr.
Kern so I cannot speak to his character. I do however, have concerns regarding his qualifications to run a county
planning department as well as the significant challenges he faces relating to conflicts of interest.
Mr. Kern has represented many developers. There is no method by which we can be assured that he will be objective in
his review of projects by these developers. In government, under these circumstances, an official often recuses himself.
However, in a small department,civil service employees would be hesitant to make any decision that they believe Mr.
Kern would not agree with even if that was not Mr. Kern's intention. Further, any decision no matter how objective
could be challenged in court citing conflict of interest by whichever party disagrees with the result. That will cost the
county significant legal fees and slow the approval of projects. I respectfully disagree with Mayor Roth's analogy
comparing a planning director's decision process with a lawyer's ability to represent any side of an issue. The legal
profession has specific ethical standards that must be followed. Lawyers are trained beginning in law school how to
manage such conflicts. I do not believe a similar situation exists in the planning field.
For example, I live in Kona Vista, our homeowner's association has serious concerns regarding the Royal Vista
development. Mr. Kern is the consultant for that project. How can we be assured Mr. Kern will make the best decision
for the people of our island rather than his former client?
I believe that we should have a well-qualified professional planning executive. He should be knowledgeable regarding
the best 21st century planning practices. He should also have experience in the management of a department and
supervision of personnel. This is a crucial time for our island. We need planning professionals who can implement
innovative ways to allow growth without destroying the quality of life our island .
Once again, I want to stress that I do not know Mr. Kern so my concerns are in no way a personal attack on his character.
I am not anti -development and I agree that we need to improve the county's current planning practices. I simply think
that Mayor Roth would be better served with a planning professional to run the planning department.
Sincerely,
Margaret Donnellan Todd
Comm. No. " p�
Ref. Tee G
Ref. Date AN 1 9 2021