HomeMy WebLinkAboutCOM 0044.111 2020-2022 i
ROGER V. MEEKER
ATTORNEY AT LAW
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P.O. Box 57
HAWAII NATIONAL PARK
HAWAII 96718
EMAIL: RVM.TIKIOGMAIL.COM
PHONE: (808) 557-2223
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COUNTY CLERK I
16 January 2021 COUNTY OF HAWAIII
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RECEIVED
Time .m.
Ashley Kerkiewicz, Chair
Planning Committee Date JAN 1 7 2021
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
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Re: Appointment of Zendo Kern as Planning Director
County Council Planning Committee hearing
lanuary 19, 2021
Aloha,
I support the appointment of Zendo Kern as County Planning Director. However, I would like to address some
of the arguments that have been asserted by those opposing his appointment.
The criticism seems centered around concerns that Mr. Kern will be faced with conflicts of interest because of
previous clients he's represented,that he is ostensibly"pro"-development,and that he lacks the qualifications to
serve as Planning Director. None of that criticism is justified.
First, conflicts of interest are not a new issue. It is necessary and important to provide government with
knowledgable and experienced individuals,whether that be executives, legislators or judges. By definition,
conflict of interest situations arise—and all branches of government,at all levels, use recusal as the method by
which they are addressed. Recusal is a full and complete remedy. It should be noted that Mr. Kern has made it
abundantly clear that he will recuse himself in the event a previous client has applications or other matters
before the Department. To his credit, he has also voluntarily asked the Board of Ethics to comment on any
concerns they may have.
Second,to paint Mr. Kern as "pro-development" because he's been a planning consultant is misguided and
totally unreasonable. Consultants are hired for their knowledge and expertise. It's not fair to condemn a
planning consultant for a project his client is proposing any more than it is fair to condemn an attorney for
representing a criminal,or a doctor for treating a injured DUI driver. Mr. Kern came from humble beginnings,
and was an early adopter of green initiatives. In short, don't conflate a consultant's viewpoints with the client's.
Some developments are appropriate, some are not. The community—through Council hearings, Planning
Commission hearings, Board of Appeals, Land Use Commission, etc.—has ample opportunity to weigh in on
projects that are being considered and which may have issues of concern. The process more than adequately
protects the community,and to suggest that Mr. Kern will somehow go rogue and ramrod inappropriate
development into our neighborhoods is not supported by any objective examination of his background.
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Ref. Fate 2021
Third,Zendo Kern is easily as qualified,or more so,than most previous Planning Directors were when first
assuming the position. He knows the planning process. He's worked on it in one role or another for years,
both in his oversight roles as a County Councilman and Chairman of the East Hawaii Planning Commission,and
as a consultant for his private client applicants. He has viewed the process from both perspectives. Ask
yourselves how many previous Hawaii County planning directors brought as much broad real-world planning
experience to the position. Finally,the lack of a college degree is a true red herring,as it certainly has not
prevented him from being an impressively successful entrepreneur—and public servant—in many diverse
endeavors.
Planning Director is not—or should not be—a learn-ion-the-job,position. It's too important,and to actually
find someone who was raised on the Big Island, know*the people,and is familiar with the many unique
challenges we face,is a blessing. Mayor Roth chose Zendo Kern because.he was impressed with his intelligence,
his energy,his diverse background, his deep understanding rstanding and experience with planning issues,and his ability
to think creatively—"outside the box"—to explore new ways to address those challenges.
One of Mr. Roth's clearly-stated missions in running for mayor was"to change the culture of government to help
people thrive.- He has clearly articulated the challenges presented by our high cost of living,the lack of quality
jobs,and affordable housing. He believes in social justice reform. He understands the critical need for
departments to work cooperatively to make the County more efficient and responsive to residents' needs.
In my opinion,those qualifies speak very highly of a politician. It seems to me that Mayor Roth has assembled a
superb team of individuals to head up his departments,who very much believe in these same goals,and are
willing to tackle these challenges. The voters of the Big Island trusted Mitch Roth to form that team. The
County Council should give the Mayor the benefit of the doubt and do the same by confirming his appointment
of Zendo Kern as Planning Director.
In short,you won't find a more qualified and knowledgeable applicant than Zendo Kern,and I believe he'll prove
to be an outstanding Planning Director.
Thank you for your consideration.
Sincerely,
Roger V. Meeker