HomeMy WebLinkAboutCOM 0044.152 2020-2022 P/Council
COUNTY CLERK COMPO.
COUNTY OF HAWAI'I
• RECEIVED
Time 4;4 poi. By VEJ
021
TESTIMONY FOR HAWAI'I COUNTY COUNCIL M erINe Ca_ JAN 2 9 M.
When I learned that Mayor Roth had nominated Zendo Kern to be Director of the Planning Department, I
contacted him via email on November 28, 2020 to inquire if he knew that Mr. Kern had conflicts of interest in
violation of the County Charter by working as a Consultant for Developers with projects that are, or will be,
before the County Council.
Later the same day (November 28, 2020), Mr. Roth replied to me vial email. This is what he wrote back to me
in defense of his decision to nominate Mr. Kern:
"As I see it, Mr. Kern was doing a job, much like the new Supreme Court Justice Todd Eddins who was
representing murderers, thieves and rapists. "
In West Hawaii Today on January 12, 2021, Mr. Kern was described as:
Like "being a Iawyer...that represents clients...", which was given as his defense for being called out for
conflicts of interest.
Please note the similarity of their arguments in defense of Mr. Kern's conflicts of interest. Mr. Kern donated a
substantial amount of money ($10,000) to Roth's campaign. Their correlative defense to claims of Mr. Kern's
conflicts of interest provides us with some evidence that Roth conspired to accept money in return for "hiring"
Kern. Quid pro quo? Underhanded for sure. Illegal? Possibly.
More importantly, there remains the possibility that Mr. Kern would recuse himself, IF he thought he might
have conflicts of interest in matters before the Planning Department. Why should Hawai'i taxpayers pay the
considerable salary for a Director who recuses himself from working? Why don't we pay a Director who will
actually be able AND qualified to work on behalf of all of Hawai'i's citizens?
Furthermore, I would like to reiterate what I wrote in my Letter to the Editor of West Hawai'i Today
Newspaper(January 17,2021):
"He (Mr. Kern) 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.)
Finally, Mr. Kern lacks the Qualifications set forth in the Hawai'i County Charter, and his experience does not
match what is specified therein. This has been consistently noted by many, many residents. The citizens of
Hawai'i Island VOTED to put into LAW those explicit Charter Amendments to clarify and codify the Planning
Department Director Requirements. How can that be ignored?
We voted for professionalism in our Planning Department. Hawaii Island citizens do NOT want anyone with
conflicts of interest leading our Planning Department. Collectively we made it a law. No Mayor or Council
Member has the authority to break that law. Period. 44�1��
Comm No,
Ref.To:
Ref.Date FR - 3 2021
The citizens of Hawai'i Island de 'ery biette' the net wider, find someone who meets the LAWFUL
urce�
[}ua|ificationsanddoesnothaveANYconf|/ctsinthe,in,terestofsen/ingthecitizensofHaxvai'i |s|and.
— _- —
Please follow fo|lovvthe law and vote NOdn NAr. r'n's nomination.
'--
Sincerely,
Janice Kerr
Kai|ua-Kona, H| 96740