HomeMy WebLinkAboutCOM 0044.105 2020-2022 From: Janice Kerr
Seat: Sunday, January 10, 2021 8:53 PM
To: Council Testimony
Subject: Opposition to nomination of Zendo Kern as Planning Director
Zendo Kern's appointment for Director of Planning by Mayor Roth should be opposed. Mr. Kern does not meet the qualifications set forth
in Section 6-7,2 of the Hawaii County Charter.
The Hawai'i County Charter requires:
1) A Minimum of 5 Years of Training and Experience in a responsible Planning Position or a Degree in Planning Engineering Architecture
Geography or Planninq—Related Field.
Mr. Kern has his own Consulting Firm, and claiming this as equivalent experience falls far short of what the Charter specifies. Furthermore,
there is no evidence Mr. Kern has ever gained equivalent experience working in a position recognized as Planning Position, within a Company
or Government Agency. Nor is there any evidence of qualifying Education, or of any Official Educational Degree, orof any formal education
beyond Grade 10 and home schooling.
2) No Less than 3 Years of related Experience in an Administrative Capacity
Mr. Kern's lack of work experience in any Planning-Related Field obviates his lack of the required Administrative Experience for the job of
Director of Planning.
3) Be Fit to Serve without conflicts, created by his having worked for Clients and Projects that will come before the Planning Department.
Mr. Kern is currently working as a Consultant to the Developers of a large residential project in Kailua-Kona, named KV3,which is now before
the Council. This qualifies as a direct conflict of interest, and further disqualifies him for the position to which he has been appointed.
I humbly request that you honor our Hawaii County Charter and oppose the appointment of Zendo Kern. n
Sincerely,
Janice Kerr
Kailua-Kona, HI 96740 "
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Ref. Date JAN 1 9 2021
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From: Janice Kerr
Sent: Sunday, January 10, 2021 10:00 PM
To: Council Testimony
Subject: Zendo Kern Unfit for Director of Planning Position
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To: Hawai'i County Council
Additional Testimony from Janice Kerr:
I want to call your attention to the fact that"West Hawaii Today Newspaper" recently reported that they received scores of letters from the
community expressing opposition to Zendo Kern's confirmation as the Director of Planning, and they did not receive a single letter of support
for him.
Please use this as additional evidence that Hawai'i County residents do not want Zendo Kern in this vitally important position.
Sincerely,
Janice Kerr
Kailua-Kona HI 96740
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From: Janice Kerr
Sent: Tuesday, January 12, 2021 2:12 PM
To: Council Testimony
Subject: Zendo Kern Nomination
Mr. Zendo Kern in his own words is seeking "Just basic guidance from the board" (of Ethics)as reported in WHT on January 12, 2021. He is
asking for an informal advisory opinion. Why? Does he think he is unfit to serve as Planning Director due to an ethical violation? I would offer
the following for consideration by the Hawai'i County Council and the Ethics Board:
Section 6-7.2 of the Hawaii County Charter REQUIRES the Planning Director to: "Be Fit to Serve, without conflicts, created by his
having worked for Clients and Projects that will come before the Planning Department".
One example of Mr. Kern's conflicts of interest is that he is being paid by the Developers of"KVY, which is adjacent to Kona Vistas. (There
could be more.)
Mr. Kern has been likened to"being a lawyer...that represents clients...". He is not at all like a Lawyer. His situation is more akin to
practicing "Insider Trading", where he can advise Developers on tactics for approval, provide inside knowledge of County resources, etc.,
that may otherwise be unknown. He would have the ability to steer Developers' Proposals by disclosing internal county discussions and
opinions without anyone knowing. "Sunshine Laws"would not apply to him and his"clients".
[ Insider Trading is defined using as "material information not in the public domain". A person who becomes aware of non-public
information and trades on (uses)that basis may be guilty of a crime.]
Also, Mr. Kern would need to recuse himself from countless Developer Proposals due to his conflicts of interest, which renders him unable to
discharge the duties he will have sworn to as Planning Director.
The Board of Ethics Members should advise both Mr. Kern and the Mayor that Mr. Kern's consulting job(s)do qualify as conflicts of interest.
Sincerely,
Janice Kerr
Kailua-Kona, HI 96740
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