HomeMy WebLinkAboutCOM 0044.102 2020-2022 3
Front: Renee Inaba
Sent: Friday, January 15, 2021 2:55 PM COMM CLERK
To: Council Testimony COUNTY OF HAWAIII
Subject: Nominee/s,concerns for 1/19/2020 Meeting RECEIVED
Time
Date JAN 1 5 2021
1/15/2021
Hawai'i County Council Administrator, Please pass to all council members or distribute in
accordance with your process. We believe you have a follow up on these issues on Tuesday
1/19/2021. We had computer issues but are assuming getting this in before close of business today
should still be included. If you are truly desirous of public response. We did not see a notice of
request or deadline. Please include public concerns, comments and testimonies. (See below)
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SUBJECT- 1/15/2021 for 1/19/2021 Appointee Discussions and Fallow-up put in Abeyance from
Prior Mayoral Appointee Session/s.
All Council members and Relevant Committees re Mayoral Appointments:
Additional, comments to amend previous comments (below/attached) and testimony for Hawaii
County Council and Committees.
Council members please top of mind your duty to both read and interprete the rules for the benefit
and service of our precious County and it's people. In this case regarding the required qualifications
for individuals fulfilling a post or position for important County government leadership. One has to be
sure it passes the tests of good judgement, unfettered by any personal conflicts of interest by each
Council Member and by any Appointee AND without having to lean too hard to adjust, bend or twist
the rules to make it so. Having watched the testimony after the last session on this topic it seemed
pretty clear that some members are leaning toward approval of some candidates for Mayor Roth's
suggested nominee for Planning, Mr Kern. This looked to Community members as an attempt for
selection only after bending the rules as much as possible to fit or proxy in parameters only after
contorting them.
Having worked in many large businesses, and having had very large staffs myself, I can tell you
that if you bend the rules in such a contorted way to "get someone in" that really does not meet the
criteria set of basic criteria it usually ends up with some sorrow and minimally many questions. The
basic requirements, minimum requirements are really just that and should not be twisted for "fit". A
size 12 foot cannot fit a size 6 shoe, even fairy tales from our kid days told us that. Clearly a lesson
we must remember.
We all heard some glowing testimony of how lovely Mr. Kern is, he probably is but that is not the
point of appointment. The same testifiers discussed how some of his past work might be re-defined
a bit to look like to states minimum qualifications. There were questions of whether or not those
parties testifying had to themselves disclosed the nature of their past and recent relationships with
Mr. Kern. That did not appear to be queried by the Chair or Members. That is relevant as noted by
many that are concerned, that these seemed to include other development consultants, developers,
developer agents, and others that serve to benefit in lieu of the County of Hawai'i or it's people
dependent upon which way the Council leans. 4
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If one must bend and have many, multiple interpretations of even the very minimum requirements at
this very early juncture, it should give one pause. Please we and those in our community writ large,
urge you to be quite transparent, pono in this and all decision making processes.
It also had notable that there had been comparisons made to the prior head of planning Michael Yee
and before that Chris Yuen. That's a rather unfortunately and unfair thing to have done. They are
not Mr. Kernnor did not enter their offices with concerns of either conflicts of interest or
qualifications. Having dealt with both of these gentlemen before, it is our belief that neither had
issues with these concerns. That is not to say that everyone with strong Community ties or Interest
would agree with all their decisions and in essence rulings on what to move forward. It did mean that
one could reasonably assume it was a clear, unfettered by conflict of interest, view made by a
person with more than the minimum, uncontorted qualifications.
Please for the public, the Council, and the good start for the Roth Administration be very careful
about bending the concept of minimum job requirements and concerns regarding conflicts of
interests only to push through one or two candidates that is a dangerous precedent that cannot be
unseen or unwound.
I working with great HR professionals and consultants for Fortune 50 and Fortune 100 companies,
both foreign and domestic, informs the view that to bend rules to to make someone fit a minimum
requirement is quite problematic. This compounded with possible conflicts of interest as well as
though that are known, even if they could be set aside will always lead to questions.
There is a belief among the community that perhaps one or two if not more of the current seated
council members are conflicted, or invested in this decision beyond what is readily seen. (These
concerns were we think already raised in West Hawaii Today). This is solely a question and
concern but each of you please check yourself regarding this a step away from being a part of this
decision, recuse yourself, or disclose your personal and or professional conflicts if any. No need to
get into that further, if this is the case this will become abundantly apparent as things move forward.
[It is our prayer and our hope that that is not the case but even watching the last discussion from
Council on the matter of appointees inclusive of Mr Kern. This became perhaps more of a concern
noted by several who watched the re-play as we did.]
Thank you and we appreciate all that you do, stand in bringing light and transparency to all
decisions and mahalo to those that seek to include our community's valid concerns.
With Aloha and respectfully submitted with our prior submission (below),
Derek and Ren6e Inaba
Kailua-Kona, Hawai'i
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ORIGINAL COMMENTS FROM PRIOR, INITIAL MEETING FOR REFERENCE OF COUNCIL (as
submitted on 1/3/2021)
Re.- General concerns regarding any appointees with known and/or potential significant conflicts of
interest. Specific comments outlined re: Zendo Kern for Planning Dept.
Aloha Council Members and Concerned Citizens,
We first would like to thank you all for your dedication and service. We are reminded that with
righteous service comes obligation and a focus on right actions. Doing what is pono to fulfill our
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kuleana in service of the people, our kama'aina and the aina and preserving all our precious
resources.
When we consider actions, decisions, and how we move forward we must always consider not only
what is, but what things might also appear to be.
This is where we need to focus on fulfillment of required job qualifications AND avoiding conflicts of
interest, even the appearance of conflicts of interest and duty. Both "tests" along with other
attributes really need to be met. In the case of Mayor Roth's proposed appointment for the Planning
Department there has been much noted concern regarding Mr. Kern's apparent affiliation, advocacy,
and past compensated consulting, agency, and lobbying efforts on behalf of developers. These
same developers are currently pursuing development approvals and fast-tracks within the County of
Hawai'i. Such an appointee, that if confirmed, having conflicts of interest, real or perceived, would
have to constantly recuse himself or step aside with important decisions and functions. The key
functions for our public servants is to serve the people and the lands of our County and not private
or developer interests.
It is advisable that appointees and representatives not have significant conflicts of interest, directly,
indirectly, or apparent/perceived. Even the appearance of conflict can present fertile ground for
future problems. There are so many precedents, rules, regulations, and guidelines that clearly state
the dangers for placing someone with known conflicts in a position of authority or power over the
same areas and decisions that the conflict exists. (International, Domestic, and Local examples of
rules and requirements.)
Because we clearly want the new Mayoral Administration to start off on the right foot without drama
or question about conflicted appointees, we urge the Council to be mindful of their own potential
conflicts as well as those of proposed appointees.
In closing when in doubt and as you serve as Council members, please keep our State Motto top of
mind. Remembering that while it was not adopted by the State until 1959 it was pronounced by King
Kamehameha III himself in 1843 and sets the right path for all of us.
Uca Hau Ice Ea o kra `Ainca i kra Pond
The life of the land is perpetuated in righteousness.
It is all of our legacies to make this our priority in our lives, in our actions, in our decisions, and in our
protections of our people and our lands. Doing the right things right will always hold us in good
stead. As you reflect upon appointees and their required duties and functions please be mindful that
conflicts cast doubt and steer away from the goals set forth in our Motto and State Constitution.
Respectful submitted,
Derek and Renee Inaba
Kailua-Kona, HI
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