HomeMy WebLinkAboutCOM 0044.151 2020-2022 P/Couflci I
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From: Renee Inaba C01 `y `
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Sent: Saturday, January 30, 2021 8:50 PM
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To: Council Testimony Z -
Subject: Hawaii County Council COMM 44
RE:Planning Department Director, Nominee Z. Kern Concerns re: Qualifications and Conflicts of Interest.
(Upcoming meeting 2/2/2021 re Planning Director Appt.)
Greetings and Aloha to our Hawai'i County Council Members,
Thank you for the continued opportunity to share our thoughts and concerns related to Mayoral appointments for our-
Hawai'i Island key leadership positions. It should be noted that many people have stated a fear of retaliation, direct
and indirect, if they speak up about concerns as the positions you are filling wield considerable power and influence
to either advance or harm, both in a micro and macro level as pertains to our island's people, land, and future. It is
simply a fact that you as Council Members should keep in mind as you hear from regular citizens as opposed to
wealthy developers, consultants, and potentially conflicted parties that stand to "gain" by some appointments, in this
case Planning Department leadership.
The "little guys", our citizens, local people, and kama'aina are not spoiling for a fight but are duly concerned and
rather anticipate and hope for good decisions based upon clear criteria. We are all simply wanting the best, brightest,
leadership with aloha and the highest levels of qualifications, capabilities and heart for our important and diverse
island ohana, lands, and a future respectful of our past. As private citizens none of us have the very deep pockets to
lean into for lobbying efforts nor are citizens looking to gain any material or monetary/profit advantage by placing a
long time associate into a position of noted or probable conflict. The people simply want the stewards of our County
to focus on what is ono and befittingour Countyin times of stress, distress, and a need to bringthe verybest talents
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to the fore with no hint of real or perceived conflicts. That is a kuleana we all must focus upon especially in these
times.
This becomes a matter of doing what is right for the land and the people and not something that needs to be jammed
through to satisfy paid constituencies who may themselves, have at a minimum the appearance of conflict past,
present, and most dangerously for the unknown future.
Mr. Kern seems very charming, there are many charming, persuasive, and articulate people among us here in Hawaii
and throughout the world. That said, those attributes alone are not determinative of qualification for the proposed
position, in this case Planning Director. It has been our experience that if one tries so hard to make something fit that
really doesn't it usually ends up in some form of regret or misery. This situation feels a little like the shoe store
owners, manufacturers and those that stand to profit or gain from a sale telling someone with a size 13 foot that the
pretty little pricey shoe that's a size 8 is perfect. Saying, or arguing the point, "Just push a little harder to make it fit,
it's your perfect fit." When you try too hard to make an employee fit into a position while there are abundant questions
and/or concerns regarding qualifications (as noted in all your discussions and in public testimonies) fit, and noted
actual and/or perceived conflicts will, in the end, very likely result in regret as with the shoe example.
If motivated to find the best qualified and unconflicted candidates, those will become the best slate. It's not about
getting the least qualified, or trying to proxy in all manner of things to "create qualification". Our County, our people,
and our lands really deserve the best qualified candidates, free of conflicts and without extraordinary efforts to create
a "fit" by accepting compromise on written criteria required by our County for these positions.
Comm. No. IAIANn
Ref. To: t'I COUnCi C-
1 Ref. Date FEB - 3 2021
it's clearly an uncomfortable position for all but as our County leaders on the Council we, the people that rely upon
you for sound and fair judgement and righteous decisions. We really do see so many of you stepping up, inquiring,
and following through courageously, carefully, and purposefully as you measure all your decisions and their impacts.
Respectfully submitted for your consideration,
Derek and Renee INABA
Kailua Kona
[Add'l material, prior submitted comments to Council, prior meetings for reference if needed.]
Sent from Yahoo Mail on Android
Forwarded Message
From: "Renee Inaba"
To: "counciltestimony@hawaiicounty.gov" <counciltestimony@hawaiicounty.gov>
Sent: Fri, Jan 15, 2021 at 2:55 PM
Subject: Nominee/s,concerns for 1/19/2020 Meeting
1/15/2021
Hawaii 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)
SUBJECT: 1/15/2021 for 1/19/2021 Appointee Discussions and Follow-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.
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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.
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. Kern nor 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 Hawai'i 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 Renee Inaba
Kailua-Kona, Hawai'i
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