HomeMy WebLinkAboutMIN GOEAC 2025/04/01 (2024-2026) DRAFT Committee on Governmental Operations
and External Affairs
7th Session
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii
April 1, 2025
CALL TO The regular meeting of the Committee on Governmental Operations and
ORDER: External Affairs was called to order at 9:01 a.m., in the Council Chambers,
Hilo, by Ms. Jenn Kagiwada, Chair.
ROLL CALL:
Present: Ms. Jenn Kagiwada, Chair
Mr. Matt Kaneali`i-Kleinfelder, Vice Chair
Ms. Michelle M. Galimba, Member
Mr. James E. Hustace, Member
Mr. Holeka Goro Inaba,Member
Ms. Ashley L. Kierkiewicz, Member
Ms. Heather L. Kimball, Member
Mr. Dennis "Fresh" Onishi, Member
Ms. Rebecca Villegas, Member
STATEMENTS The Chair directed the Committee to proceed to the next order of business,
FROM THE Statements from the Public on Agenda Items.
PUBLIC ON
AGENDA ITEMS: The following individuals registered to speak and came forward when called
by the Chair`
Tim Colicchio: Res. 105-25 (Comm. 181), comment.
Chuck Flaherty: Res. 104-25 (Comm. 180), comment.
CHR. KAGIWADA: Thank you so much. Mr. Clerk, can we get started with
Communication 198.
COMMUNI- The Chair directed the Committee to proceed to the next order of business,
CATIONS: Communications.
GOEAC-7 April 1,2025
Comm. 198: NOMINATION OF BEN C. DALAUIDAO TO THE HAMAKUA COMMUNITY
DEVELOPMENT PLAN ACTION COMMITTEE
From Mayor C. Kimo Alameda, dated March 12, 2025, requesting the Council's
review and confirmation.
Requires Council
Confirmation by: April 25, 2025 (Section 13-4(k),
Hawai`i County Charter)
CHR. KAGIWADA: Mr. Alameda, please introduce your nominee.
(Note: At this time, Executive Assistant to the Mayor Micah Alameda
and the nominees came forward`to address the members of the
Committee.)
Vote on Comm. 198: Ms. Kimball moved to recommend confirmation of the nomination
(Approved) of Mr. Ben C. Dalauidao to the Hamakua Community Development Plan
Action Committee. Seconded by,Mr.Hustace and carried by the
following voice vote:
Ayes: Committee Members Galimba ustace, Inaba,
Kierkiewicz, Kimball, Onishi, Villegas,
and Chair Kagiwada —8.
Noes:. None.
Absent: Committee Member Kaneali`i-Kleinfelder— 1.
Excused: None.
Mr. Alameda provided a brief narrative of the nominee's background
and,experience; Committee Members spoke in favor of the appointment.
Comm. 190: NOMINATION OF JOHN P. KOMETANI TO THE ENVIRONMENTAL
MANAGEMENT COMMISSION
From Mayor C. Kimb Alameda, dated March 12, 2025, requesting the Council's
review and confirmation.
Requires Council
Confirmation by: April 25, 2025 (Section 13-4(k),
Hawaii County Charter)
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GOEAC-7 April 1,2025
Vote on Comm. 199: Ms. Kimball moved to recommend confirmation of the nomination
(Approved) of Mr. John P. Kometani to the Environmental Management
Commission. Seconded by Mr. Hustace and carried by the following
voice vote:
Ayes: Committee Members Galimba, Hustace, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi,
Villegas, and Chair Kagiwada—9,
Noes: None.
Absent: None.
Excused: None.
Mr. Alameda provided a brief narrative of the nominee's background
and experience. Committee Members spoke in favor of the appointment.
Comm. 200: NOMINATION OF REBECCA�KAWEHI INABA TO THE LEEWARD
PLANNING COMMISSION
From Mayor C. Kimo Alameda, dated Mareh'12, 2025, requesting the Council's
review and confirmation.
Requires"Council
Confirmation by: April 25, 2025,(Section 13-4(k),
awai`i.County Charter)
Motion to Approve: Ms_ Kierkiewicz moved to recommend confirmation of the nomination
of Ms`"Rebecca Kawehi Inaba to the Leeward Planning Commission.
Seconded by Ms. Villega .
CHR. KAGIWADA: Council Member Inaba.
MR.1NABA Yes, Chair. Before Mr. Alameda introduces, I did want to disclose
that the nominee before us is my mother. I did review the nomination with
Corporation Counsel and with the Planning Department and found no reason that it
couldn't be agendized. And with that, I have taken a proactive step to get an
informal opinion from the Board of Ethics to give advice should there be any
conflict of interest in how to proceed with that when that happens or if that
Happens. But with that, I'll be recusing myself from the discussion and the vote.
CHR. KAGIWADA: Okay, thank you. Alright, Mr. Alameda.
MR. ALAMEDA: Mahalo, Madame Chair. It is our honor to present to you
Communication 200 nominating Rebecca Kawehi Inaba to the Leeward Planning
Commission representing the Judicial District of North Kona. Ms. Inaba was
raised in Kona. It is where she will Ua Hala and plan to lay to rest.
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She's a true daughter of West Hawaii. She has a strong record of service, right?
So, if you just take a look at I believe the last number I counted was 27 pieces of
testimony in support of Ms. Inaba's nomination. That is a reflection of her strong
record of service, right?
She volunteers with the very impactful, Daniel Sayre Foundation, which we know
gives back time and time again for decades and future generations beyond.
Ms. Inaba is extremely qualified. She's highly skilled. She has a diverse
background that encompasses government service, that encompasses strategic
planning. And of course, the unique characteristic of being a pilot and a flight
instructor; to that, she's a first Native Hawaiian wahine to found and operate a
certified Part 135 Aircraft Carrier, alsoknown as Mokulele Airlines.
We appreciate her stepping up. She's a proud mother; one who's actively raising
servant leaders. Thank you for that. And most importantly, she's boots on the
ground. She understands the values, the heritage, the challenges. But most
importantly, the opportunities of West Hawaii.
Therefore, we are honored to have her replace Ms. Mahina Paishon-Duarte, which
is filling a huge void. And we feet that she would'nbt only fill that void, but carry
the Leeward Planning Commission,into the future. Mahalo, Madame Chair. Back
to you.
CHR.KAGIWADA: Thank you, Mr. Alameda. Ms. Inaba, please introduce
yourself further, and yeah, tell us about yourself.
MS. INABA: Sure.; Good morning Council Members, I'm Kawehi Inaba. First
and forennost I am a mother. I think the greatest achievement that I've had in my
life is along with my husband to have worked really hard to raise three strong
independent children who are now giving back to their community.
My oldest daughter isKilihei Inaba. She's a firefighter and paramedic here with
the County of Hawaii. Holeka is my middle child, Council Chairman here with
the County of Hawaii; and my youngest is Makakoa, who just graduated from
college and is now working for the Ritz Carlton Waikiki. Cool thing is, they're all
flying;their own bills, and that's a really good thing.
As far as my professional work, you know, I started my first business as a pilot and
a flight instructor starting Mokulele Airlines. And I didn't go to college. I
graduated proudly from Konawaena High School and kind of forged my way in
life starting with Mokulele; learned a lot there, and ran that for quite some time,
over 11 years before somebody reached out to see if they could purchase the
company.
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From there I went on to start a marketing and consultant firm, Kupa`a Business
Planners, of which I still run now. And also, within that time, I started a women's
fitness center. Kona's first and only 24/7 center, as well as serving with the
County of Hawaii as the R&D (Research and Development) Director here.
I now am the ED (Executive Director) for La`i`opua 2020, and I must say that with
everything that I've had leading up to this time in my life, this has been the
absolute most rewarding. I realize that all that I've done before that has given me
the experience and the confidence to know that I can move forward. It's not my
first rodeo.
So, I'm thankful for all of the experience that"time has provided to me. And now
as the ED for La`i`opua 2020, we do a multitude of things all community related;
do all kinds of different programs through education enrichment: We have a Wa`a,
and we are now,preparing to build another preschool for Kona to incorporate four
classrooms, as we have received funding from the State DOE(Department of
Education) for that and a lot of support;- -
I feel that at this time in my life, I'm in a position and I have a capacity to give
back. And so, I've been honored with Mayor`Alameda asking me to serve in this
position, and I feel that I'm reads Most of my volunteer time was especially when
the children were younger, very Hawaiian emergently leaded. I had a lot to do
with that. And of course, moving through that, a lot of other volunteer action and
time too.
One thing that I'm doing right now as a volunteer is Senior mediator with West
Hawaii Mediation. And the reason that I did that, as it's been a little over seven
years'now is because I realize thatI could use some help in learning how to better
listen and to be that'person to listen and bring people together. I knew I needed
thathelp. And so, seven years later, I feel it has really helped me to be in that
position to bridge community gaps. Listen to both sides and help to find common
ground and make good solid decisions for our community.
Other than'that, I mean there's a lot more I can share. But I think that's it right
now. Butmore than happy to take any questions you folks may have.
HR. KAGIWADA: Thank you so much, Ms. Inaba. With that, any questions or
comments from the dais? Council Member Villegas.
MS. VILLEGAS: Aloha Kawehi. And I often forget that your first name is
Rebecca. Thank you for your willingness when tapped by the Mayor and this
Administration to step into this role and to fill a really big void that was being
created by Mahina Paishon-Duarte's terming out. And with the full
acknowledgement of the potential challenges that might lie ahead due to your
relations. That sounds weird. Being related to our current Chair.
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I think it takes incredible courage and dignity to do the due diligence and to find
out if there are any viable points of conflict when it comes to legality of person
serving on the Leeward Planning Commission who is a relative, you know,
directly related to somebody that serves on the Council. So, thank you for not
shying back from that, but taking this as an opportunity to educate community, and
the Council, and the Administration of the viability of people serving in these rules
even though they are family related.
I would love to ask Corporation Counsel, Renee Schoen, so that my colleagues on
the Council can hear from Corp. Counsel if there are anIy,viable legal conflicts that
we should be taking into consideration. And'I also wantto point out that the
concerns about nepotism and family relations when it comes to serving in public
office, in my experience, have been related to somebody getting,a position because
they are related to somebody else.
But I'd like to point out in this, this woman is more qualified that many of the
candidates for the Leeward Planning Commission that we have seen in my years of
service here. Her resume reflects that; the caliber of the people who have provided
testimony for her service reflect that. If you note the names and the positions and
roles that those people hold,:I believe that under any other circumstance, if we
receive testimony from these kinds of people, we would be floored and be
completely confident in the support.
So, I just would like to point out the irony here. We have a person who is
incredibly capable, qualified and willing. And if the only reason for opposing her
nomination is that she happens to be related to somebody that serves on our
Council. :That's when I would just encourage you to question that.
Because the concerns aboutriepotism tend to go the other way, which is
somebody's not: I mean that's the reason for nepotism issues, right? Is that
somebody's not qualified, but they're just getting tapped because they are a
relative, This is in fact, the opposite. Somebody that is completely and
unilaterally qualified. And what I have heard in any coconut wireless, is that the
only concern would be that this nominee is related to a member that serves on our
Council. And with that, I would ask for legal advice from Corp. Counsel.
(Note: At this time, Corporation Counsel Renee Schoen
came forward to address the members of the Committee.)
MS. SCHOEN: Good morning, Renee Schoen, Corporation Counsel. So, thank
you for the question. When the nominee was submitted to the Council, the
Mayor's Office did ask whether or not there was conflict of interest. I did review
the Ethics rules, the Fair Treatment Section, the Conflict of Interest Section and
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did not see any conflict with a nomination or a person sitting on a board or
commission.
You know, there are I guess recommendations that come from Leeward Planning
Commission, that is sent to this body, the nominee or any member of that Planning
Commission is one member of seven. And then, again, this body the Chair is one
of nine. And so, given those facts, I did not see a conflict of interest. And the
other thing is that, steps have been taken to try to mitigate any conflicts of interest
by what I heard. The Chair saying that he had filed an Ethics petition. So, that, I
understand is scheduled to be heard at the next meeting.
MS. VILLEGAS: Fantastic. Thank you. So what I'm hearing in my lay
woman's term of non-legally, is there is nei direct conflict as far as our laws are
read. Okay, fantastic. Thank you for that.
Well, Kawehi, I've had the opportunity to watch you transition La`6pua 2020
from a fledgling, struggling; had the potential to become, and I've watched you
transform it into a thriving space that serves our Lahui that gathers people for
experiences, and events; and learning, that elevates the long-term benefit of
Kailua-Kona and the West side of the Big Island: It has become a hub of positive
impact.
I've seen your legacy, and L've seen your history of leadership in a diverse number
of fields, and with a diverse group of community organizations. And so, I just
thankyou for,your courage and your willingness to step forward and serve in this
role. And I will be wholeheartedly confirming support of your nomination. I
yield:
CHR. KA{..irIWADA: Thank you. Council Member Galimba.
MS'GALIMBA:, Thank you. I second a lot of what you just said, Council
Member Villegas in:terms of having absolute respect and appreciation for your
accomplishments; for your generosity; for your contributions to the community.
And I understand the difficulty of filling Mahina Paishon-Duarte's position.
So, I understand some of the reasons for this nomination. However, you know,
I've beet struggling with this. And so, I've actually sort of brought this up to
people that I know and trust in this sort of hypothetical way without names just
positions. And the response that I get is concern. So, it's not just me.
I know that there's no law against this, and there probably shouldn't be. But as we
are seeing, norms are just as important as laws. And for me, if we were in another
year, I would support your nomination wholeheartedly. But we are here now, and
I think that it is not a good practice or policy to concentrate power. I think we've
had that in the past on this island, and it has led to some decisions that I think are
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regrettable. And so, as a matter of policy,practice,precedent; and not least, optics,
I can't support this nomination. But would give all the love to you, Ms. Inaba.
CHR. KAGIWADA: Thank you, Council Member. Council Member Kimball.
MS. KIMBALL: Thank you. Thank you, Council Member Galimba, and Council
Member Villegas for articulating your positions. Similarly, I cannot think of
somebody more capable, eminently qualified; and to Council Member Villegas'
point, looking through the testimonies supporting your nomination, you had some
strange bedfellows in there, you know, folks from the Hui-pack and HLPC
(Hawai`i Leeward Planning Conference), right`s People that you'd never think
would talk to each other. And maybe that speaks to your mediation background.
But it certainly speaks to your connectivity,within the community.
But, same as Council Member Galimba, you know, when this came forward. I told
you this when we ran into each other. That it's not felt good, and talking to some
folks, they do have concerns. This hasnever happened before. Just so, folks know
I did do a little bit of research. There's never been this type of situation. Any
other committee, I think,would probably be okay.
It's that there's just this relationship between the planning commissions and the
Council where decisions are forwarded from the planning commissions up here,
which I think makes it unique. Additionally, with respect to the County's liability
and the potential for lawsuits around land use and decisions of the Planning
Director,,right? That is another area where°I think there is potential for concern.
You know, I agree with Council Member Galimba that norms are important.
Perspectives are important; the optics are important.
What Pm,going to suggest is this;and unfortunately, Council Member Inaba
cannot participate in this discussion to share with us the petition put before the
Board of Ethics. But at a minimum, the next Board of Ethics meeting is the 23ra
This nomination needs to be acted and finalized by the 25t'. We don't have a
Council meeting that day. But my argument would be that this situation is so
extraordinary that we need to agendize this before the Board of Ethics both to
weigh in and to make any recommendations about recusals that you may have to
make or Chair Inaba may have to make in the future if this nomination were to go
forward.
We have absolutely the ability to agendize a special meeting to have that final
hearing on the 25t'. So, you know again, you are eminently qualified; would be a
wonderful representative on this board. But I do have the concerns about the
optics. I do have concerns that regardless of Corporation Counsel's input, that
there are some times that you would have to potentially recuse yourself. There are
other potential issues there in terms of County's liability that I would want
assurances from the Board of Ethics on before we proceeded.
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So, with that, I will be voting unfavorably today. But that is the recommendation I
have to the rest of the body if the votes are in that direction. Mahalo.
CHR. KAGIWADA: Thank you, Council Member Kimball. Other members?
Council Member Kierkiewicz.
MS. KIERKIEWICZ: Thank you, Chair. Mrs. Inaba; I'm going to call you Auntie
Kawehi because that is how I know you. I'll be supporting your nomination. You
know, I'm really reflecting on what my colleagues Have shared. But I think that
there are sufficient guardrails in place to protect the integrity of the decision-
making process, both within the commission and the legislative branch.
All of our discussions, our deliberations, our decisions are made in a public arena.
And the only thing that I can think of where you may have to reeuse yourself, if
you are in the Planning Commission,is if there is a financial element with the
project that's before you that you need to make a decision or recommendation on
or you were a consultant, right, or it is your property.
I have the utmost faith and,trust in you to abide by the processes and procedures
related to ethics and recusals. So, I'm not worried about that. What I'm looking at
is, I'm evaluating who you are and,what you bring to the table. You are more than
your achievements which are incredible. And every little girl here on Hawaii
Island should be looking up to Auntie Kawehi, because you are a remarkable
woman.
But you're more than all that. It's who you are as a person. How you show up for
your community without being asked because you recognize the need and you
have the talents to snake community better. You as a mother, an entrepreneur, a
mediator. These are the skillsets. Native Hawaiian, Wahine. These are the many
fiats that you wear that are valuable perspectives that are necessary on the Planning
Commission as we navigate what West Hawaii, what Hawaii Island. Looks like
not just,today but future generations. So, I'm proud to be casting a vote in favor of
your nomination and know that you will be a wonderful addition to this body.
Thank you,I yield.
CHR KAGIWADA: Thank you, Council Member. Council Member Onishi.
MR ONISHL Thank you, Madame Chair. Good morning Kawehi. I had one
thing that wanted to ask you about. Is that, if you are confirmed, your thoughts on
the DHHL (Department of Hawaiian Home Lands)properties that are being
awarded to the beneficiaries. They are not subdivided. So, what are your thoughts
on that process?
MS. INABA: You're talking about pieces of property; land that isn't subdivided?
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MR. ONISHL Yeah, and they're being awarded to beneficiaries. Like with one
TMK (Tax Map Key), but there's like 50 lots on that one property.
For example going down to South Point on the left hand side,just below the water
tank, there's like 5,000 acres; there's like 25-acre lots that have only one TMK.
So, if the department would come to the Planning Commission, I wanted to hear
your thoughts on what would you decide or what would you do?
MS. INABA: Okay, thank you for that question; I am unsure of how to answer
that right now, beause I don't know the specifies. But what I would do would be
to lay everything out in front of me. I understand as Playing Commissioners, we
have a toolkit that's pretty robust. And that includes the Charter, the Code,
General Plan, CDPs (Community Development Plans). Of course you have DHHL
and all these other things that kind of float in and around that.
I would really have to do some research on that first to understand what that looks
like and why that's even being done. There's a lot of things that DHHL is doing
that people have questions about, and they're all different. And I think they all
need some attention. But L would want to do the research to understand how it
even came to be. So, I'm sorry I can't answer your question directly. But, as a
commissioner, I would use those tools to educate myself.
MR. ONISHI: Would you be able to help'with the processing of the subdividing
of those properties to make it legal for the beneficiaries?
MS;JNABA: Personally, I probably would not. Because I don't see myself as a
commissioner, as one. I see myself as a commissioner as a body. So, if that was
going to be something that was requested of the body, perhaps, which I'm not sure
Would even,fit: But from a commissioner's standpoint, I probably would not. I
feel like that would be a conflict of interest.
MR. ONISHL Okay, thank you. I yield.
CHR. KA+GIWADA: Thank you. Any other comments or questions? Council
Member Hustace.
MR. HUSTACE: This is a question for Corporation Counsel, actually, Renee, if
could come back, please. Thank you.
It was briefly mentioned, some of the items that the applicant or Council Member
Inaba might have to recuse himself. Do you know of things? What can you share
with us now? I know that there's a request before the Board of Ethics as well.
And you kind of looked at it. But what would the members have to recuse
themselves from discussion between the process and procedure as it goes from the
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LPC (Leeward Planning Commission) to Council? Would Council Member Inaba
have to recuse himself from particular items, if a decision was made on LPC, or
will it be in the other direction at the lower level?
MS. SCHOEN: You know, truthfully, I could not think of a situation where there
would be a recusal on either side. Because of the decisions are being made are as a
body. And the decisions here are made as a body. So, the recusal would be if
Ms. Inaba has any type of, you know, interest in property.
MR. HUSTACE: What Council Member KierkieWicz had mentioned. Yes, okay.
MS. SCHOEN: Yes. Other than that, I mean maybe there is a situation, but I just
could not think of any right now. And I think that, you know�,that can be flushed
out more at the Board of Ethics. But Y really couldn't perceive of a situation where
there would be any. You know, I could be wrong,but I don't see one.
MR. HUSTACE: Okay, thank you. Appreciate the clarification. I know it's kind
of been rehashed a little bit, but thank you for that.
CHR. KAGIWADA: Thank you, Council Member Hustace. Council Member
Kdneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Good morning, how you
doing?
MS INABA: Good, thank you. ;
MR. KANEALI`I-KLEINFELDER: Interesting discussion so far, yes. You
reached but to,me a coupte times via email. I did not respond, sorry. I like to have
the conversations here. One thing I know about you, Kawehi, can I call you that,
is that okay?
MS. INABA: Yes.
MR. KANE'ALI`I-KLEINFELDER: The first time that I think I met you, I didn't
really meet you. You were at Council, and you provided testimony on whatever it
was. And you've done that a number of times. But I remember thinking to
myself, who is this lady? Honestly, I was thinking, who is this? Because your
testimony was succinct and thoughtful. And it was said with such expressive
language that denoted only the understanding of the concept that we were getting
at, but a further understanding of the political ramifications and the background
information that one would need to know to provide the testimony.
That in itself, spoke to me of, you're smart-driven who came in and made time to
provide testimony that day to us to not sway us, but just to provide us with
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information that was helpful, given your experience in different facets of our
community.
I really do remember that moment, because it just highlighted to me your ability to
have a conversation and make comments to a body in a polite manner that was
very educated. Just for that reason alone, I would say "yes"to you being on the
Leeward Planning Commission. Because not everyone can do that. I mean I listen
to things all the time come in front of us for nominations and such. You ask a
simple question. I've had one-word answers. You know, what do you think of the
Mass Transit Administration, how can we make it better? That was a great one.
So, today, listening to you, I mean, we're talking about your ability to serve with
some of the things that have been broughtup today. I think those are good things
to have in mind, but I do see a clear separation between the two bodies. Could
they overlap in some means? Yes. Would that lead to a conflict`of interest?
Maybe.
Sometimes I wonder what the Board of Ethics truly could do if they did find that
there was a possibility of yours and Council,Member Inaba's overlap in two
different bodies. I really would question what'would happen from the Board of
Ethics. To my understanding ter date, having sat here for six years and having been
in front of them and having also watched the proceedings for different issues that
have come up.
So, my'intention today is to say, "yes"to your nomination. You're a business
owner; you're a mom. You lived here your whole life. You have made good
children to my understanding. But I've also seen your mana`o provided to the
County„ And you've also spent time in this County, and you put a lot of effort into
it. But that's my intention today.
I have a couple questions for you, and then you can go from there. Planning
Commission, land use,what is your long-term vision for the Leeward side of our
island, when it comes to development, housing, infrastructure, things that are going
to come inlront of you. What do you see this vision of yours; or your home in
20-50 years which would be your grandkids or maybe your grandkids' grandkids.
MS. INABA: Thank you for that question. The vision has to be thoughtful,
mindful, with balance both in understanding, you know, what responsible
development looks like at the end of the day.
I'm thankful to understand that I have tools again. I'm going to keep going back to
that, because as somebody new to this, I realize there's going to be a learning
curve for me. So, I go back and, it's one thing for me to think about what it looks
like. And again, I don't want it to look like Maui. I don't want it to look like
Honolulu. I think that most of us can agree to that.
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The question is, what does the General Plan say because many voices came
together over a period of many years to make that happen. With the CDPs as part
of that also. But there's one more part to that now. And that's the voices of today.
You know, I'm really glad a had a chance to sit down with Director Darrow and
his deputy, Michele Ahn, to kind of flush some of these things out for them to help
me understand what my role would be as a commissioner and how I would go
about doing that. Because one could say, I want it to be like this or I want it to be
like that. It cannot be what I want. It has to be fair and balanced. And utilization
of those tools for me is key.
It's also a safety net for me I feel, because if,a lot of these'decisions just remained
with us as commissioners as far as what our mana`o was and what we feel is right
and what we feel is wrong, that wbuld be pretty stressful. But I feel that, it's up to
us to look at these tools and to hear the voices of today and to try and find the
balance.
So, in direct answer to your question, what do l see the Kona Coast looking like.
Well, I can say, I don'tsee it looking like Oahu and Maui. I see a balance of some
development there. Mostly'a'16tof it are people. It's like, how do we build to take
care of the issues we have with regards to affordable housing; homelessness. All
that kinds of stuff. It all kind of ties in
So, my,first,goal too, would be development for our people. What does that look
like? And again, I just go back to that General Plan again. What does it say, and
then what are people saying now? So, that's my answer to that. I hope I answered
your question in my,roundabout way.
MR. KANEALI`I-KLEINFELDER: It was pretty good. It wasn't as good as your
testimony provided a couple years back. That was really good. Where do you live
now? Sorry, if I cart ask it.
MS. INABA: In Kona, right above COSTCO right in that area.
MR. KANEALI`I-KLEINFELDER: Okay. Something was said to me a long time
ago, and-I express it here frequently, the best form of affordable housing that we
can build right now to take care of our people is Hawaiian Homes. Would you
agree?
MS. INABA: For Hawaiian people, yes.
MR. KANEALI`I-KLEINFELDER: Okay. Well,that was my lovely buzzer. It
seems to be short these days. But I will be supporting your nomination today, and
interested to hear the discussion go on about the Board of Ethics and the possible
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conflicts. And I stress the word, "possible"because there has been nothing to date
provided that says it is a conflict of interest.
MS. INABA: Thank you, and I appreciate the transparency of it all. I'd like to say
too that's important to me.
MR. KANEALI`I-KLEINFELDER: Thank you. I yield,, Chair.
CHR. KAGIWADA: Thank you. Council Member Kimball.
MS. KIMBALL: Thank you. Corporation Counsel. I had a follow-up question.
Since I can't ask my colleague. Are you aware of the contents of the petition to
BOE on this matter. Do you know the actual,request for a decision is from them?
MS. SCHOEN: I would say, I can't-, I saw it. And you know, actually the Board's
rules treat all petitions as confidential. Unless and until it's heard irl'an open
meeting. And so, that's all basically all I can tell you.
MS. KIMBALL: But you can tell me and I'll have to kill you. Well, okay, I'm
going to reiterate, this isn't about you, Ms. Inaba. And if this was Matt's wife, or
Ashley's sister, or any other relative before us, I would have these same questions
and concerns. And as Ashley actually pointed out,you know, the financial interest
is definitely one factor in the potential conflict. And I don't think that comes into
play here.
But:there is another component of ethics rules that talks to the ability to make an
unbiased decision when there is A relationship. For example, there was something
that came before us that had to do with my neighbor who I know well. And so, I
recused myself from that decision-making because I did not feel able to make a
nonbiased decision in my role, even though I'm a member of the board.
I want'to make clear to my colleagues and to you, that this is about protecting the
institution,and protecting both the institution of the Planning Commission and the
institution of the Council. And that is why,just one more time, I want to
recommend that regardless of what happens today, moving this to Council that
before we make a final decision on this, and there is the opportunity to do that, we
wait for that Board of Ethics decision.
If that doesn't happen, and I assume I know the answer to this. If we were to get a
Board of Ethics decision that this might be a problematic nomination, I presume
that you would withdraw from the Planning Commission, if it happened after your
nomination.
Just to be clear what I'm asking, if this were to be heard and issues were raised by
the Board of Ethics, the nomination has proceeded, would you be willing to
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GOEAC-7 April 1,2025
remove yourself from the board if the Board of Ethics said that was going to be
problematic? I know it's a hypothetical, and I don't typically like to ask
hypotheticals. But in this case, I feel that it's necessary.
MS. INABA: I'm so okay with that. Thank you for that question, because there
could be nobody worse, if I will say in nitpicking little things to make sure that
transparency is always there. So, by all means. I mean, I wish we had the ruling
before today, you know, but it's not my place to go to that board. So, if they were
to rule that very clearly there is a conflict, first of all, I wouldn't have a choice but
to remove myself. But just from a standpoint of doing the right thing, I would. So,
yah.
CHR. KAGIWADA: Thank you so much.
MS. SCHOEN: Can I just interject,,Council Member Kimball. Four Board of
Ethics questions, I do know that they,do have a practice of looking athe entire
situation and then prescribing, if necessary, guardrails or situations where people
should come back to them.
MS. KIMBALL: If I may. I know I yielded,but just adding on to that, you know,
that's what I'm looking for here from the Board of Ethics. It's not only a yes or
no, if this is okay, but also if we need a;prescription-of guardrails about behaviors
moving forward because of the relationshipbetween the Council and the Planning
Commission,;I think that's equally important here.
So, again,j usf reiterating would be my preference to say at some point, to have the
petition. And I will file my own with this recommendation in addition to the one
that was filed, since I don't know the contents of that to make sure that we have all
of the concerns addressed. Thank you.
CHR.. KAGIWADA: Council Member, I'm going to allow a second time around.
But please keep it short and to the point and add new information. Thank you.
Council Member Villegas.
MS. VILLEGAS: Thank you, Chair, for allowing me to have my time. Another, I
suppose, it's a question for you Renee, I'm sorry. It's my understanding and from
any experience, that Council Members already have there's no information that a
Council Member wouldn't have access to about things happening with the
Leeward Planning Commission, correct?
MS. SCHOEN: Correct.
MS. VILLEGAS: All the documents are public.
MS. SCHOEN: That's correct.
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GOEAC-7 April 1,2025
MS. VILLEGAS: Right. And same with Council, other than our confidential
things. So, there is no unless it was a specific agenda item, that for some strange
reason, it had something to do with both people on each of these, you know, the
Council and this commission. Otherwise, everything is all public information
anyway, correct?
MS. SCHOEN: That's correct with the exception of, you,know, confidential
attorney-client communications or executive session matters.
MS. VILLEGAS: Great. Thank you. Because I feel like that's something that the
public may not understand, is that there already is this opportunity for anyone of us
to participate in Leeward Planning Commission, and hopefully, more people do in
the meetings and testifying. And for us as Council Members to participate. So,
the relationship between the potential candidate for the Leeward'Plannng
Commission and a Council Member,doesn't provide any extra access. It doesn't
provide any extra access. It doesn't provide any extra anything. Correct?
MS. SCHOEN: Correct.
MS. VILLEGAS: Fantastic.,So I just wanted to state, because you know, in my
years of working with Chair Inaba and n my own times of frustration and
passionate, really having belief systems about some of the things that have
happened here that I didn't agree with. Some of the words of wisdom that have
come from0air Inaba have really been like surrender, and the beauty of not being
attached. And the belief in that karma and the future, would take care of people, if
their decisions were not pono and in the greater good.
I take that to Heart, and l see that in the legacy of your family and the way that you
all navigate your paths in leadership and whatever arena you're in. The values and
principles, and the priorities remain fair and balanced. And the decisions being
made,for the collective good over personal gain. And I want to recognize and
validate that there is full accountability within all of you for the repercussions of
any decisions that may be compromised, and that you don't have a history.
There are no circumstances of this. But that you are stepping forward and being
willing toserve in this kuleana. I just want to say that I honor that, and I trust.
And that's not something I can do all the time here. For members of this Council
whose districts aren't impacted by the Leeward Planning Commission, I would
also like to bring forward that as a member, who is affected by the Leeward
Planning Commission, I do ask for that to be taken into consideration because the
decisions made there affect my district directly, yes the General Plan will be
devoted by Leeward and Windward.
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But as a Council Member directly impacted by my district by the decisions of the
Leeward Planning Commission, I do want to point that out that I feel like I have
extra stake in the game. So, with that, I yield.
CHR. KAGIWADA: So, Council Member Kaneali`i-Kleinfelder, and then,
Council Member Galimba. Please, second round, keep it tight if you can. Thanks.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair: Mr. Clerk, is there a limit
on how many times a Council Member can speak in a meeting.
MR. BROWN: I don't think there's a limit., e can go back and look at the rules.
The Chair has some discretion on that, and of course, the body themselves can help
regulate by making a motion to call for a question and things of that nature.
MR. KANEALI`I-KLEINFELDER: Fair enough. Thank you. Ms. Inaba, what
was your role in the County over the years, or how many roles have you had in the
County?
MS. INABA: Actually, I've just had one role,and that was the R&D (Research
and Development) Director back in 2015.
MR. KANEALI`I-KLEINFELDER: Okay. And how many years were you
director?
MS_ INABA: I'd say, close to two.
MIS. KANEALI`I-KLEINFELDER: Two years?
MS. INABA: Yes.
MR. KANEALI`I-KLEINFELDER: Okay. Thinking about what's been said
today, we had apparently, a combative nomination of one of our ex-Planning
Directors, Mr. Kern' who is no longer with the County. And in that process as we
discussed the best way to keep everything above board, he ultimately had to
submit to the Council a complete list of any and all of his past business associates.
Companies that he worked with;people he worked for.
So, in his role as a Planning Director, there's no room for error in anything that
could be assumed as a conflict of interest. So, maybe something along those lines
would be helpful to the Council, if it comes to that. So,just putting it out there
thinking how we've seen things like this before. I'm not saying this is the same.
I'm just saying that was one outcome and a solution offered at a previous
nomination hearing to provide, you know, the high-level transparency that I think
is being requested. If it's helpful or not. Okay, again, supporting your nomination
today. Thank you.
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GOEAC-7 April 1,2025
MS. INABA: Thank you.
CHR. KAGIWADA: Thank you. Council Member Galimba.
MS. GALIMBA: Thank you. Corporation Counsel, could you come up here very
briefly? Very quickly. Sorry, getting your steps today. And I'm not even sure this
is 100 percent your question. It may be a Board of Ethics 'question. But just, I was
thinking off hand of a situation where I would think that recusal would be
appropriate, but maybe I'm wrong on this, and the situation would be, should a
Council Member have a piece of legislation that needs to go in front of the
Planning Commission, and that Council Member has a family member on the
Planning Commission, would that be a case where recusal would be
recommended?
CHR KAGIWADA: Corporation Counsel, please reintroduce yourself for the
record.
MS. SCHOEN: Sure, Renee Schoen, Corporation Counsel. So, I'm hesitant to
give you a blanket answer,because it really depends on exactly what that piece of
legislation says or does. Secondly, it's just hard to§peculate, but I'm sure that
might be a situation where there could be an ask or certainly a disclosure. But I
cannot see legislation that would be proposed,by any member of this body, that
would so involve any type of interest that is prescribed or protected by the Ethics
Code.
MS;'GALIMBA: Thank you. I yield.
CHR KA{..irIWADA: Thank you. Alright. I'm going to say a few things, and then
We're going to go ahead and take a vote.
MR. ONISHL May I make a comment first, Chair?
CHR KAGIWADA: Very quick.
MR. ONISHL This is in regards to Matt's question about the committee. My
understanding is, at committee level, Council Members are allowed to ask as many
questions as they want. Because as the whole body, we want to have everything
worked out at the committee level. Because when we go to Council we want it to
move smoothly and faster. So, this is the time when we make all of our questions
and discussions.
So, to me, we shouldn't be or Chair shouldn't be limiting members of this body,
time limits or even how many times you're speaking. Because this is the time
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where we work on everything. So, that is my understanding why we have this
committee.
CHR. KAGIWADA: Okay. Thank you. You can pass a rule about that. Thank
you very much. Okay, we're going to go ahead, and I want to make a few
comments and ask a few questions.
Thank you for being here. I mean, I think Ms. Inaba you embody mana wahine. I
mean, you are a pillar of the community, and you've been involved in so many
things. So, thank you. And thank you for putting your name forward.
You know, I understand as a parent, that the very first thing that you talked about
is that being a parent and raising your kids is,your number one thing that you care
about and that you're proud of. I think you've said before that this,is your number
one thing. So, important. I also,knew that you're not going anywhere. This is
your community, as you've said. You were born here. You plan to live your
whole entire life here. And so, really appreciate that. And you know, the
testimony that we got from wo many different people, I agree with all of it.
Really, you are a stellar candidate for this.
My concern is, as we talked about. You came and we did have a conversation
before this. My concern i , not necessarily just the conflict of interest, but the
appearance of conflict of interest. And'I have to say, I felt very uncomfortable
today. Even having this discussion with your son as our Chair sitting here. He has
discretion over pots of money"that he can dole out to different members of this
body„or not. He has discretion about a lot of things as Chair. And to just even
have this conversation with him sitting here is really uncomfortable. And that is
not your,fault.
I think that the Administration should be a little more aware that maybe this isn't
the best time to be doing something like this. I support you 100 percent when your
son is not on this body. So, you know, it was said earlier, in any other
circumstance, you would be a shoe-in, and I agree with that. But this is not,
unfortunately, any other circumstance.
So, I support you; I support your work. I support your involvement in the
community. I really want to be involved. And I hope we can figure out a way to
do that. But I will not be supporting this right now. If it does go forward and
seems like it might, I would second Council Member Kimball's option of hearing
from the Board of Ethics before final just because that doesn't put you in such an
awkward position then.
Since I did mention the Administration, I would love to give the Administration a
chance to, because I have nothing at all against your nomination. It really is the
circumstances that we are put in here. So, Mr. Alameda, if you have anything you
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GOEAC-7 April 1,2025
want to say on behalf of the Administration, as I saw you came back up. So, go
ahead.
MR. ALAMEDA: As I stated earlier, we are honored to nominate Ms. Inaba. We
think that, you know, her ohana service to our island community is noble. And it's
na`au or never. I mean we think she's highly skilled. She's extremely qualified.
There's nothing more to it. Mahalo.
CHR. KAGIWADA: Thanks. Just a follow-up on that. Why is it now or never?
MR. ALAMEDA: No, it's like na`au, right? Like na`au is like, it's like what
would you feel, you know, I'm so sorry. It's an expressioh",but thank you.
CHR KAGIWADA: Okay. But absolutely, and as I said, I would love to have
you seated on this body, and I would fully support you being seated on it when
you're son is not on this body. So, thank you.
Alright, with that, let's see, Mr. Clerk, if we want to add a recommendation that
we have a Special Meeting, does that happen,after or before the vote on this
matter?
MS. KIMBALL: Chair, if I may?
CHR. KAGIWADA: Yes.
MS KIMBALL: I would suggest just proceeding with vote out of Committee
right now. And then when we get to Council, I will make a motion then.
CHR KAGIWADA: Okay,thank you.
Point of Order: MS: ILLEGAS, ,Point of Order. I'd like to hear the answer from
the Clerk.
CHR KAGIWADA: Absolutely, thank you. Mr. Clerk.
MR. BROWN: I think they're two separate things. We have a motion on the floor
right now,that we need to deal with. And that's taking the vote right now in
Committee. And then we can have further discussion on a possible Special
Meeting. I think that's separate issue that we can talk about and have discussion
on.
CHR KAGIWADA: Okay, thank you. Alright with that we're going to go ahead
and take a roll call vote, please.
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GOEAC-7 April 1,2025
Vote on Comm. 200: The motion to recommend confirmation of the nomination of
(Approved) Ms. Rebecca Kawehi Inaba to the Leeward Planning Commission
was carried by the following roll call vote:
Ayes: Committee Members Hustace,
Kaneali`i-Kleinfelder, Kierkiewicz,
Onishi, and Villegas —5.
Noes: Committee Members Galimba, Kimball,
and Chair Kagiwada—3.
Absent: None.
Excused: Committee Member Inaba'.- 1.
CHR. KAGIWADA: Alright, thank you so much. We'll move on to the next item.
Comm. 201: NOMINATION OF JOSEPHINE"JOJO" TANIMOTO TO THE SOUTH
KOHALA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE
From Mayor C. Kimo Alameda, dated'M,arch 13, 2025, requesting the Council's
review and confirmation.
Requires Council
Confirmation,by: April 26, 2025'(Section 13-4(k),
Hawaii County Charter)
Vote on Comm. 201: Mr,Inaba moved to recommend confirmation of the nomination of
(Approved) Ms:,Josephine "Dojo" Tanimoto to the South Kohala Community
Development Plan Action Committee. Seconded by Mr. Hustace
and carried by the following voice vote:
Ayes Committee Members Galimba, Hustace,
Kaneali'i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, and Chair Kagiwada—7.
Noes: None.
Absent: Committee Members Inaba and Villegas —2.
Excused: None.
Mr. Alameda provided a brief narrative of the nominee's background
and experience. Committee Members spoke in favor of the appointment.
Comm. 202: APPOINTMENT OF PAIGE TOMINAGA TO THE YOUTH COMMISSION
From Council Member Dennis "Fresh" Onishi, dated March 13, 2025.
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GOEAC-7 April 1,2025
Vote on Comm. 202: Ms. Kierkiewicz moved to recommend confirmation of the nomination
(Approved) of Ms. Paige Tominaga to the Youth Commission. Seconded by
Mr. Hustace and carried by the following voice vote:
Ayes: Committee Members Galimba, Hustace, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Onishi,
Villegas, and Chair Kagiwada—9.
Noes: None.
Absent: None.
Excused: None.
Mr. Alameda provided a brief narrative of the nominee's background and
experience. Committee Members spoke in favor of the appointment.
CHR. KAGIWADA: Alright, way'to go. Thank you so much. Please skip down
to Resolution 105.
Change Order As directed by the Chair and with no objection from the Council Members,
of Business: the following items were taken out of order:
Res. 105-25: ADOPTS THE 2025-2029 COUNTY OF HAWAL`I CONSOLIDATED PLAN
AND 2025 ANNUAL ACTION PLAN FOR THE COUNTY OF HAWAI`I
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), EMERGENCY
SOLUTIONS GRANT (ESG), HOME INVESTMENT PARTNERSHIPS AND
HOUSING,TRUST FUND PROGRAMS AND AUTHORIZES THE MAYOR
OF THE COUNTY OF HAWAI`I TO EXECUTE AND SUBMIT THE
CONSOLIDATED PLAN AND ANNUAL ACTION PLAN AND ALL
OTHER RELATED DOCUMENTS TO THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
Includes County-wide housing and homeless needs assessments, funding goals and
priorities, and must be adopted prior to receipt of annual CDBG and ESG
allocations from HUD; "
Reference: Comm. 181
Intr. by: Council Member Kagiwada(B/R)
Motion to Approve: Mr. Inaba moved to recommend adoption of Res. 105-25
Seconded by Ms. Villegas.
CHR KAGIWADA: Do we have Royce Shiroma here? Royce, if you're around,
we need you for this item. Please join us. We've already introduced the item.
We're ready for you. Go ahead, Mr. Shiroma. Thank you for joining us,
Mr. Shiroma. Please give us some background and introduce this item.
Page 22
GOEAC-7 April 1,2025
(Note: At this time, Office of Housing and Community Development
(OHCD) Specialist Royce Shiroma, came forward to address the members
of the Committee.)
MR. SHIROMA: Royce Shiroma from the Office of Housing and Community
Development. The resolution before you guys is for the submission of the
2025-2029 Consolidated Plan and Annual Action Plan to HUD (U.S. Department
of Housing and Urban Development).
This is one of the requirements in the federal regulations in order for the County to
receive any federal funding from HUD for CDBG (Community Development
Block Grant); Home, Housing Trust Fund, ESG (Emergency,Solutions Grant), and
many other funds that may be associated in'the future.
The Consolidated Plan covers for a five-year period. This is the first year of a new
five-year period in which we are providing HUD our goals and priorities of what
we feel we should be doing with the HUD funds that we will be receiving.
We have a deadline to submit to HUD, which is May 15', and when we submit
this, we'll be notified from them whether basically if it's approved and will be
funded for the 2025 federal funding for CDBG.
CHR. KAGIWADA: Okay,thank you. We have this very large document. This
is the document that you're talking about right? And it's tabbed in some areas.
Are those'the things you want to highlight for us. And do you want to quickly
maybe just highlight some of those items?
MR. SIROMA: Sure. So, in the beginningI don't have that copy, sorry, I left
it. Butbasically, it"s Part of the Executive Summary in which summarized that
this five-year plan will provide HUD with what our goals and priorities are. And
the high priorities that we've specified in the plan includes affordable housing,
public facilities, infrastructure in support of housing; compliance with federal
mandates; providing homeless prevention and services; public services, economic
development, and disaster relief.
We also have a low priority, which is mainly the parking facility, sidewalks and
Non-Residential Historic Preservation. We try and encompass everything, so
when, 'we receive applications for the RFPs (Requests for Proposals) every year,
we're able to at least make sure that their scope matches our Consolidated Plan.
CHR KAGIWADA: Okay, thank you. The second tab after the summary you
have here, it looks like Exhibit A Project Cut; a list.
MR. SHIROMA: Yes.
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GOEAC-7 April 1,2025
CHR. KAGIWADA: Anything you want to highlight there?
MR. SHIROMA: The project list is what we are projecting to fund using the 2025
allocation from HUD. And if you see the projects here, Arc of Kona, Mental
Health Kokua, Ouli Ekahi Rental Housing, Arc of Hilo. Those list of projects rank
the highest when we did the most recent RFP. And our allocation each year
roughly is about$2.6 with $100,000 of program income. With that we anticipate
totaling $2.7 million. And those are who we are submitting toHUD, our selection
for the CDBG funds.
CHR KAGIWADA: Okay. I think everybody's scrambling a little because it's a
very big document, even just the summary, and we just gnat it. So, excuse us as we
are like kind of frantically paging through.
MR. SHIROMA: In the meantime,we have applicants here also from Arc of Hilo,
Arc of Kona. And I think online there may be Mental Health Kokua and Ouli, it's
our Community Development Office to answer,any questions if need to.
CHR KAGIWADA: Okay.
MR. ONISHL Madame Chair, is it possible as he genes through different exhibits,
that we can question?
CHR. KAGIWADA: Yeah, it sounds like maybe we can go ahead and do
questions now: Maybe not go through all the exhibits. And then, if he has things
he can add. Okay, Mr. Shiroma,,is that alright with you? So, if you have
questions right now. Go ahead Council Member Onishi.
MR. ONISHL So, With'the CDBG projects that you have listed, Number five is
Administration,,Planning,'and Fair Housing for $500,000. I mean, what is it for?
MR. IIROMA: It's for staff salaries.
MR. ONISHL What is the breakdown?
MR. SHIROMA: You know, majority of it will be associated with S&W (Salary
and Wages), which is roughly about 40 to 60 percent. And the balance will be
covering operational costs in our Hilo office and our Kona office. We also are
funding Fair Housing initiatives in there.
We fund also contracts used for grants management software. We do share costs
in the office, which is considered like overhead costs. And to cover electricity and
rent and those kinds of things, all is part of that budget.
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GOEAC-7 April 1,2025
MR. ONISHL Okay. Now, with this CDBG too, funding also goes to purchase
other, for example, like fire vehicles, correct? So, at this awarding, your votes are
not doing that.
MR. SHIROMA: No. If we purchase Wildland Fire Trucks for example, or we
have purchased ATVs (All Terrain Vehicles) for some fire stations, those are part
of program project costs. So, they need to still apply to afford a funding through
us, and then we'll award basically if their project is selected.
MR. ONISHL Okay, but it's all one part.
MR. SHIROMA: Yes. Like $2.2 million would be considered project cost. So,
everything will be based on that.
MR. ONISHL Okay. Because I met the Finance Department, and we looked at
Housing too, right? Then they had about, like all 69 or 64 of your positions, which
are federally funded.
MR. SHIROMA: The majority of these in the office, yes.
MR. ONISHL So, this half a-million is part of thatfunding that goes towards all
the staffing there? Okay, got it,thank you.
CHR. KAGIWADA: Thank you. Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you, Mr. Shiroma.
Just reading through these questions,what, how or who provided all the info for
the Housing Needs Assessment?
MR. SHIROMA: The Housing Needs Assessment is based out of our Housing
Study that we have contracted SMS Consulting Services. And it's a statewide
study., ;Hawai`i is a part'of that study, as well as all the other counties, and the City
and County, DHHL'. That study was funded in 2023 through events that happened
with SMS: Basically, the Hawaii office is no longer there. We have contracted
Ward Research to finish.
We are,looking at getting that study completed. Hopefully, by June of this year,
and I think the numbers in there are used by, not olny Housing but lot of other
departments, as well as you guys on the statistics. So, Housing Needs Assessment
is part of that study itself.
MR. KANEALI`I-KLEINFELDER: So, second question then, SMS and Ward,
who do they talk to?
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MR. SHIROMA: They use various methods in these needs. They might reach out
to community members or they might do surveys for the needs. I know they did
bone surveys; they did mailings throughout the community. I'm not too sure what
the sampling size is. But that's how they gather the information.
MR. KANEALI`I-KLEINFELDER: Does Housing have that information
available?
MR. SHIROMA: We have a draft, but it's not finalized. So, we are not releasing
that information yet. For that reason, when we do the Consolidated Plan, we make
a note that it is still a draft, and the data for this is based on the older, the 2018
Housing Policy Study. We'll update it once we get it released in June.
MR. KANEALI`I-KLEINFELDER: So, what we're looking at today is actually
based on the 2018 needs?
MR. SHIROMA: Yes, because we cannot use numbers that haven't been released
yet. We've been going back and forth, and I think because of the change between
SMS and Ward research, it has really impacted the actual study, the result of the
current study.
MR. KANEALI`I-KLEINFELDER: (okay, so the Housing Needs Assessment
information in this packet that you gave us is;outdated, because some of it is dated,
2024.
MR. SHIROMA:, Some may be;taken from the community studies through the
Census Bureau. A lot of them may be pretty much jsut picked and chose from the
website just to get some of the information updated as much as we can. But based
on their contract,the main areas of the housing needs; some of the geographic
demographics of the different households like that is based on the Housing Study.
MR. KANEALI`I- LEINFELDER: So, one interesting thing I found in the
Housing Needs Assessment under household needs was ethnicity. And I found it
very interesting that the ethnicity of most of the folks who are requesting or have a
need, are White. Can you speak to that?
MR. SHIROMA: One more time,please?
MR. KANEALI`I-KLEINFELDER: Just looking in the Housing Needs
Assessment, household needs, at the different ethnicities that provided a response,
I'm guessing, to some of the questions that were put out, you know, has one or
more of four housing problems has none of—but for the most part, although it says
otherwise in this report.
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It's interesting, this is what caught me, the Pacific Islanders face elevated housing
needs proportionally while White and Asian households remain notable in terms of
absolute numbers. This proportionally affect the groups. Pacific Islanders face the
most consistent and severe disparities across all income brackets, all of the Asian
and Hispanics.
But in every section that I read on, White has the highest numbers of one or more
of four housing problems. So, I'm trying to wrap my head around two different
statements. The data shows one way, but the verbiage put in the report points the
other way.
MR. SHIROMA: I have to look at that and find out exactly what that could mean.
So, based on the old numbers, and you know,,it's something that we have used the
older report for.
MS. KIMBALL: Chair, is statistician person in the room? Can I respond to
what's being presented there?
CHR. KAGIWADA: Sure, go ahead.
MS. KIMBALL: So, the absolute number would be theabsolute count. The
number of individuals versus the proportional count which would be of all of the
Native Hawaiians or Pacific Islanders responded, the hghest proportion of that
total number had the need. So, if you have a greater population of White, you're
going to see a greater absolute number. But if you have a smaller population of
Native Hawaiians, they're going to have a greater proportion.
MR. KANEALI`I-KLEINFELDER: Okay, I like it. I think that also speaks to my
point that I'm trying to make. Because when you're addressing housing, cost of
living, and'everything else that we hope to do in this County to address the people
who live here, and we see a small population of Native Hawaiians being
disproportionately affected because they are a smaller population. Whereas some
of the ether ethnicites that are not Native, we're seeing more numbers coming in
for them, as needing things from the County for housing and homelessness, that
king of thing.
o,just; it's an interesting parellel to look at as we look to address the housing
crisis and how we choose to address it. Just things that caught my attention as I
read'through this report.
Can you, maybe Royce, if you can help me with this. Speaking to cost of housing
versus more housing. So, I see it mentioned here and there in the report. How
does this resolution kind of address that difference.
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GOEAC-7 April 1,2025
MR. SHIROMA: It kind of determines what the need is currently at this point in
time and what type of characteristics are part of the need itself. It'll break it down
by the area, the district. And that in comparison to the inventory, that's available
also, it has to go hand-in-hand, in which to determine what Hawaii County's goal
and how we should approach the increase in that getting that goal.
MR. KANEALI`I-KLEINFELDER: I agree. I think that should definitely be high
on the list as we consider what direction we need to go to address our housing
crisis.
MR. SHIROMA: I think that's something statewide, you know, that has been a
priority, looking at what the actual inventory is,and what the need is.
MR. KANEALI`I-KLEINFELDER, Agreed. Okay, so, what I heard today, these
are old numbers. And not that we're just voting on what's being presented in front
of us, but this is a draft; it's working.
MR. SHIROMA: Yes, we'll update it as soon as we get the new ones.
MR. KANEALI`I-KLEIFELDER: Yeah, so,I think that's an important note for
everybody. And then,jus Tor the department as you guys move forward, I'm
watching real carefully as far as we address housing,needs.
MR. SHIROMA: Sorry, I stand corrected. The numbers are actually based on the
Comprehensive Housing Assessment Study from the Census. Becasue we couldn't
wait for the numbers for the Housing Policy Study.
MR. KANEALI`I-KLEINFELDER: From the other one. Okay, so the Census,
which is more dependent ern who sends in their census information.
MR. SHIROA: Census data, and they do that sampling size. Sorry about that.
MR. KANEALI`I- LEINFELDER: No, that's okay. I think it's good for us to
know what'we're looking at and where this information came from. What we
decide on is'good, but where the information comes from is more important, I
think.
MR.;SHIROMA: Yes.
MR. KANEALI`I-KLEINFELDER: Thank you, Sir. I yield, Chair.
CHR. KAGIWADA: Thank you. Council Member Hustace.
MR. HUSTACE: Thank you, Chair. Thank you, Mr. Shiroma for presenting this
to us. My question is more about the anticipated funds. With some of the changes
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GOEAC-7 April 1,2025
of the federal side with HUD and potential changes there. And we do make note
that these selected projects, their dollar values and those figures could change from
them specifically. What are you kind of seeing, and what do you sense right now
anticipating 2.6. What is your sense on some of those changes or potential
changes.
MR. SHIROMA: Well, based on what has happened recently, in which, they
passed the continued resolution up until September 30th of this year, which is the
actual budget that funds this 2025 CDBG program. And there were no decreases
that I know of.
So, that in itself, we can estimate that. It will'be close to the $2.6 million.
However, the 2026, which comes after October Ist, because of the Federal fiscal
year is questionable. We're not sure what's going to happen in the future. But as
far as this one, we're confident it'll be close to the $2.6 million. It might be a little
bit less or a little bit more. It all depends on how HUD divies it up.
MR. HUSTACE: Got it. And if it were to change at all, how do you make the
determination on which of these selected projects has a decrease?
MR. SHIROMA: We go by the actual ranking of hew we awarded these funds.
And if there were any funds, based on the budget that we have not funded, it could
be Arc of Hilo that we never funded 100 percent, And we'll provide the additional
funds to them.
MR. HUSTACE Okay. I think that's all I had for now. Thank you, Chair.
CHR.'KAGIWADA: Sure. Anybody else questions? Council Member
Kierkiewicz.,
MS'KIERKIEWICZ: Thank you, Chair. Hi Mr. Shiroma, nice to see you. I just
want to make sure I'm getting this right. Because we see the five-year plan every
five years. So, what'we are doing today is approving, is One, the Consolidated
Action Plan;, which lists the projects you are awarding the CDBG funding?
MR. SHIROMA: Yes.
MS KIERKIEWICZ: Okay, that's one component. And then the second
component is the five-year Consolidated Action Plan, which sets the blueprint for
what Housing will do to increase housing opportunities for residents here.
MR. SHIROMA: Using HUD, Housing and Urban Developement monies.
MS. KIERKIEWICZ: Beyond CDBG, what other funding is available?
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GOEAC-7 April 1,2025
MR. SHIROMA: For us, we are only receivingofficewise or us as our division?
For the office, we have numerous other federal funding; Section 8 Housing Choice
vouchers.
MS. KIERKIEWICZ: A lot of them are voucher-related, but nothing is really for
housing development.
MR. SHIROMA: Well, we have the Affordable Housing Production fund.
MS. KIERKIEWICZ: On the HUD side. No development dollars are coming
from HUD. That remains to be seen; if HUD will everi:exist next time we talk
about Housing Plans. But, it's to kind of tee-up what we are anticipting doing as
OHCD.
MR. SHIROMA: Yes.
MS. KIERKIEWICZ: Okay. Taking advantage of funds as they become
available. The Hawaii Housing Planning,Study, that you mentioned that SMS
was doing historically and now Ward is doing., Ward is a bit behind because
they're catching up. And,we can anticipate this being published in the Summer,
you said?
MR. SHIROMA: Yes, Summer, yes.
MS_ KIERKIEWICZ: Okay. Will we as Council Members be able to enage with
Ward in any capacity, doing Townhalls; helping to get surveys out there. I know
there's.a lot of science around gettin out information and having an accurate
sample. But are there opportunities for us to weigh in at all?
MR. SHIROMA: Not for this particular plan, but in the future when we go out and
do another Housing Policy Study.
MS. KIERKIEWICZ: Is it a policy study or a planning study. I want to make sure
I'm understanding what the deliverable is. It says Planning Study here, but
UHERO (data portal) is doing some policy analysis as well, which is interesting.
MR. SHIROMA: Yeah. So, hopefully, maybe the next round, we might just
partner with the University. Because it might be a better fit instead of doing
separate studies.
MS. KIERKIEWICZ: Okay. And this Housing Planning Study gives us a sense of
housing needs in real time; what the market is saying and doing; what folks can
afford. And the idea is, that information helps to drive changes to, or introduction
of new policy.
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GOEAC-7 April 1,2025
MR. SHIROMA: Yes. Policies, you know, County level, and using HUD federal
funding also.
MS. KIERKIEWICZ: That's great. And I just want to note for my colleagues,
because we just got this very thick packet today, this morning. But Page 94 of the
plan was really interesting because it talked about barriers to affordable housing.
Negative effects of public policies on housing and residential investment; lack of
resources, certain regulations; zoning land use, permitting; regulatory delays,
Building Code impact fee.
Lack of a clear and consistent long-term affordable housing strategy, which I know
that Administrator Costa said she would like to see done sooner rather than later.
Renters and landlords lack of information and. awareness. 'Arid then, lack of
homeownership opportunities.
So, this is very valuable because'there is an Ad Hoc that is meeting,right now to
study. Not only changes the Chapter U, but what we might need to direct other
County departments to do to be part of the solution. So,just calling out Page 94,
in case folks are interested in helping being'a part of the solution.
I'm going to be infull support of what you're putting forward here. I really want to
thank the nonprofits that have applied and are being funded. You know, I see
Robert with Arc of Hilo. Thank you for being a huge support to our community.
All of these organizations are. I wish there was just more funding to go around
because everybody that applied is so worthwhile. Thanks for doing great work,
Royce; you and your team. I yield, Chair.
CHR.'IAGIWADA: Thank you. And just back to Mr. Shiroma. I know you
have some folks here both online and in-person. Did you want them to say
anything, or,are they just hereto answer questions?
MR. SHIROMA-, It was mainly for if there were any questions.
CHR KAGIWADA: Do you want to just quickly introduce who is available, so if
people have questions.
MR. SHIROMA: Sure. We have Robert(Efford) over here from the Arc of Hilo.
And we have Michelle (Ku) over here from the Arc of Kona. I just want to
mention my staff in the back over there. And online we have Kristy Lungo from
Mental Health Kokua; and we have Greg Peyton for Mental Health Kokua also.
CHR KAGIWADA: Okay. So, if any Council Members have questions for any
of these folks or further comments or questions for OHCD. Mr. Kaneali`i-
Kleinfelder.
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MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Mr. Shiroma,just looking
back and going back to the beginning of the document you provided. So, the
CDBG funds, looks like most of it is going, for the most part, wastewater treatment
facility upgrades. Is that right on a lot of these projects?
MR. SHIROMA: Those seem to be the need during this RFP process. The highest
need based on their applications that came in. And that was the reason why we're
funding them. And it just so happen it is wastewater-related scope of services.
MR. KANEALI`I-KLEINFELDER: Okay. Why do all these facilities needs to be
upgraded?
MR. SHIROMA: That's a question the applications shouldanswer. Because I'm
not sure if it was due to non-maintenance or it was just an older system itself that
needs to be upgraded. Such as the Arc of Kona.
MR. KANEALI`I-KLEINFELDER: Do either of our Arc folks want to speak to
the facilities that we're upgrading?
CHR. KAGIWADA: Yeah, it looks like Arc`of Kona has the cesspool conversion
improvements. Great.
MR. KANEALI`I-KLEINFELDER: 'I didn'twant to put Royce on the spot. I
think you'd probably be better to answer.
(Note: At this time, Arc of Kona CEO Michelle Ku, came
forward'to address the members of the Committee.)
MS. KU:'Hello everyone,Michelle Ku. I'm the president and CEO (Chief
Executive Officer) of the Are of Kona. And we provide services to people with
disabilities in all nine of your districts. We're an island-wide nonprofit
organization. And'the funding we requested here is for Phase II of our project.
Phase I is currently in progress.
It is to renovate our group home in Captain Cook. The group home is an
independent living program; also, for people with intellectual and developmental
disabilities. It's a five-bedroom home. It's licensed by the State Department of
Hedlth'Office of Healthcare assurance. It was built in 1984, so it's a little older.
And also the rent for these tenants; they have a lease. And their rent is subsidized
by HUD.
So, for this home, it was time to start doing a renovation for more efficiencies and
so forth. So, right now, we have currently changed out all of the jalousie windows.
They're all now vinyl sliders, sliding glass door.
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We're in the process of renovating two of the three bathrooms. One will have a
walk-in shower. So, that will add more accessibility to people with disabilities.
And also changed out all of the interior lighting, so more efficiency there as well.
Our second phase, because it's a 41-year-old home, it's currently a cesspool. And
so, we're doing that conversion over to septic, and then also renovating the kitchen
and replacing the flooring.
MR. KANEALI`I-KLEINFELDER: Okay. Thank you. This is the Kona Crafts
Group home cesspool conversion?
MS. KU: Yes.
MR. KANEALI`I-KLEINFELDER: You know the cost of the cesspool
conversion itself?
MS. KU: Well, our total budget is probably,g6ing to be roughly about$50,000; in
another year,possibly more.
MR. KANEALI`I-KLEIFELDER: To do the conversion? So, the $200,000 that
is being awarded potentially; soy a quarter of that wi11 go the cesspool conversion.
MS. KU: Yes, and also the kitchen,and the flooring. So, we also included in
there, on half of the lot there is from an old" andshake 40 years ago, there is coffee
on half of the property. And itwas part of our sheltered workshop back in the day
when we still had a sheltered workshop.
So, the:coffee farmer that is there were also going to be working with them to
potentially move the coffee out and plant some fruit trees and so forth. So, our
participants living in that home it's actually their home.
MR. KANEALI`I- LEINFELDER: Okay, thank you for that. Okay, Royce,just
thoughtit was interesting in parallel with the County doing a lot of its wastewater
treatment facility upgrades. Is that the focus for OHCD? For this specific CDBG
grant program it was more wastewater treatment. That was funny. Okay, thank
you. I yield, Chair.
CHR, KAGIWADA: Alright. Anybody else with questions, comments? Go
ahead, Council Member Onishi.
MR. ONISHL Thank you, Madame Chair. A question. Who did the evaluations
for awarding all this funding?
MR. SHIROMA: Basically, we have a committee that do the evaluations. I
comprises of three of our staff members inhouse that reviews it. And basically, it's
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because the complexity of these types of projects and the requirements for the
CDBG program itself. We're on a tight timeline because we need to get the
results in a certain time manner in which we need to develop the action plan
normally every year.
MR. ONISHL So, this group that you have that evaluates, does it every yearly?
MR. SHIROMA: Yes, it does every year.
MR. ONISHL The same people? So, you guys don't go and rotate or try to get
different
MR. SHIROMA: Other members? No,we normally use those three. By
requirement, we are not required to do'an RFP every year to select projects.
However, because the County wanted to do a transparent and fair process in
selecting nonprofits or governmentagencies to award this funding, we decided our
RFP process would be the best.
MR. ONISHL So, you're saying that HUD doesn't require the County to go and
so they could award to anyone?
MR. SHIROMA: Not anyone,but they need to seethe projects.
MR. ONISHI: They need to quality, but within you guidelines are. But then by
doing the RFC it kind of makes it more open.
MIS. SHIROMA: Open and fair, we think.
MR. OMSHT: My lastquestion'to you. So, out of what was awarded, agencies,
were there multiple times that they were awarded?
MR SHIROMA: Some have been awarded different phases. The reason for them
breaking it up is thatwe have a particular deadline in expenditures using HUD
funding. Every year we need to spend, you know, at least 50 to 80 percent of the
allocation of prior years in order for us to be awarded future funding.
MR. ONISHL So, sometimes the awarding that you folks would provide is
basically, in phases.
MR. SHIROMA: Yes. A lot of it has to phase in a way that they can complete the
majority of the project within a one-year period.
MR. ONISHL The continue getting funding to continue completing the project.
Okay, so that means by doing that, that means other nonprofits or other agencies
are not able to get funding from this.
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MR. SHIROMA: They may not get it every year for that phase. There may be
other agencies that couldn't get the prior year be awarded. We're not going to
favor certain nonprofits over the other ones.
MR. ONISHL Because I've seen in the documents it shows that I guess you folks
look at, will the project be done within a year, right? And if it's not done within a
year, then you guys kind of use that as a bad mark where maybe that project might
not qualify.
MR. SHIROMA: Yes, they'll get less points overall:
MR. ONISHL Well, is said that was the Last one,but I'm going to sending you
guys an email about the Administrative breakdown, or if you can,provide me that.
MR. SHIROMA: Yes, we can get our finance person to create a snapshot.
MR. ONISHL Okay, thanks.
CHR. KAGIWADA: Thank you. Anyone else? Go ahead, Council Member
Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: This is a quick one. So, I was just looking at
the numbers, 18.5 percent wentib administering by OHCD of the total funds,
$2.7 million.,
MR. SHIROMA:" Approximately, of the estimated total allocation, yes.
MR. KANEALI`I-IKLEINFELDER: Is there a limit?
MR. SHIROMA: Yes, 20 percent.
MR. KANEALI`I- LEINFELDER: Okay, thank you. I yield, Chair.
CHR KA^GIWADA: Anybody else? Okay. Alright, I think we're going to go
ahead and vote on this. I haven't really had time to delve in. So, maybe when it
gets to Council, I might have a few questions, but I think we're good to vote at this
point: So, all those in favor of adoption Resolution 105-25 and sending it to
Council with a favorable recommendation,please say "aye." Any opposed?
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Vote on Res. 105-25: The motion to recommend adoption of Res. 105-25, was
(Approved) carried by the following voice vote:
Ayes: Committee Members Hustace, Inaba,
Kaneali`i-Kleinfelder, Kierkiewicz, Kimball,
Onishi, Villegas, and Chair Kagiwada—8.
Noes: None.
Absent: Committee Member Galimba— 1.
Excused: None.
CHR. KAGIWADA: Can we please go on toBill 21.
BILLS FOR The Chair directed the Committee to proceed to the next order of business,
ORDINANCES: Bills for Ordinances.
Bill 21: AMENDS CHAPTER 2, ARTICLE 15, OF THE HAWAI`I COUNTY
CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO NEPOTISM
Adds provisions and definitions consistent with standards set forth in
Section 84-13.2 of the Hawaii Revised Statutes,which are intended to provide
for fair and impartial hiring, personnel, and contracting practices within the
workplace.
Reference: Co'mm,'91
Intr. by: Council Member Kimball
Postponed: January 21 and February 4, 2025
(Note: There is a motion by Council Member Kimball, seconded by
Council Member Galimba, to recommend passage of Bill 21 on first reading.)
(Note: Comm. 91.1 from Council Member Heather L. Kimball dated March 31,
2025"transmitting proposed amendments relating to Bill 21, was circulated.)
CHR. KAGIWADA: Thank you so much. We already have a motion on the
floor. Council Member Kimball.
MS. KIMBALL: Yes, thank you. As you may recall, we asked the Board of
Ethics (BOE)to weigh in on this particular proposal. I do want to mention, we
have HR (Human Resources) Deputy Patel here as well as Auditor Benner.
I know there were some questions about why was this being introduced and the
potential impacts on folks already employed in the County. So, they can respond
to those questions specifically.
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But we did get feedback from the Board of Ethics. They had their meeting on the
28d', and we were hoping to have a formal official letter by today. But they had to
cancel their last meeting.
So, I have the draft guidance. And then, there was quite a bit of discussion in the
meeting itself. But we should haveagain, their next meeting is on the 23rd. So,
as this moves through, we should have the official signed.
But I would like to move forward with the amendment as recommended by the
Board of Ethics. And then, I can explain how thataligns with their
recommendations.
Motion to Amend: Ms. Kimball moved to amend Bill 2l,with the contents of
Comm. 91.1. Seconded by Mr. Hustace.
CHR. KAGIWADA: Alright go ahead.
MS. KIMBALL: So, first of all,just to start as far as some clarification, the HRS
(Hawai`i Revised Statutes) refers to relative: Because the reference to immediate
family through the Code we have to actually`define that term. So, it's not ideal,
but guidance was given tows per,the Board of Ethics, was that they wanted to use
the same language as in this Section,of HRS.
So, this amendment puts in the identical languuge as the HRS with the exception
of the FRS"refers to immediate family within the defintion. So, we had to take
that°out because it wouldn't make sense for the definition of immediate family to
refer to as immediate family. So, there's just some grammatic editorialization
there.
The other recommendation made by the Board of Ethics was that they did not like
the specifc all out within the HRS to adoptive practice. So, in the Hawaiian
custom:of hanai,because they felt that there were other informal adoption
practices from other cultural backgrounds that should also be considererd in this
and calling out particularly the Native Hawaiian practice was exclusionary.
So, that has been changed in here to refer to informal adoptive practices. That's
the end of the phrase there. As opposed to specifically calling out the Native
Hawaiian practice.
So, that's the basis of the amendment. Again, the big differences here, we are just
pulling in the HRS definition. The HRS definition does not include second
cousins which was the request from Council Member Onisih. And I'll let him
speak to that.
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But again, this is the recommendation from BOE. And again, I cannot share the
letter with you because it's only a draft at this point. But we will have that before
we make our final decision on this. Thank you.
CHR. KAGIWADA: Thank you. On the amendment, I don't know Council
Member Onishi, I don't know if you want to speak to this since it does no longer
include the language you had requested. Anybody else on the amendment?
Council Member Inaba.
MR. INABA: Thank you. I did get to watch that hearing, and I'm still trying to
cross-reference the definition. It's not exactly the same. I'm just wondering if the
maker can explain why we're not using the same definition,if it was
recommended by the Board.
CHR KAGIWADA: Thank you. Can you re-explain that? Thanks.
MS. KIMBALL: Because we are not defining relative, and we're defining
immediate family, there's some inconsistencies between how it is written in the
HRS versus how we need to write it, so it matches up. From the standpoint of the
relationships that this identifies, it should be identical.
MR. INABA: I believe in our amendment, it's referencing foster siblings, and
I'm not seeing that in the HRS version. Is that intentional?
MS. KIMBALL: Yeah, this in the phrasing from the Board of Ethics. They're
taking out"adoption, foster care, and Hawaiian custom of hanai" and replacing it
with"informal adoptive practices." And so, that's being re-referenced in the
definition itself.,
MR. INABA-,, ,Okay. And then, can you just remind us, or I might have missed it,
why we're not just,using the term "relative." As it seems to capture a bigger net
of folks rather than`.`immediate family members."
MS. KIMBALL: It's because of the references throughout the Code that are tied
to this definition, it would require significant amendments across multiple
chapters to align it. And other documents outside of the Code.
MR.INABA: Okay, thank you, Chair. I yield.
CHR KAGIWADA: Anybody else have any comment and questions on the
amendment? Alright seining none, all those in favor in amending Bill 21 with the
contents of Communication 91.1 please say, "aye." Any opposed?
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Vote on Motion The motion to amend Bill 21 with the contents of
to Amend: Comm. 91.1 was carried by the following voice vote:
(Approved)
Ayes: Committee Members Galimba, Hustace, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kimball,
Onishi, Villegas, and Chair Kierkiewicz—9.
Noes: None.
Absent: None.
Excused: None.
CHR. KAGIWADA: Back to the main motion. Any questions, comments. We
have some other folks that can answer questions. From our Auditor or from HR.
Council Member Onishi, the floor is yours.
MR. ONISHL Thank you, Madame Chair. You know, I was just geeing to say
something about the comment about the Ethics Board more or less wanted to
follow more or less the HRS. But as for the County, because we don't really have
one and we're creating one, we could make it more restrictive. So, you know, by
having the Board say, "Oh, let's follow HRS;maybe take some of our
recommendations and also adding it in. That's all,I wanted to say.
CHR KAGIWADA: Thank you. Anybody else? Council Member Kimball, go
ahead.
MS_ KIMBAL: I'll just confirm what Council Member Onishi is reflecting is
that we certainly have the ability;to be more restrictive than is dictated by the
HRS: As we deliberated last time, we sought that BOE's opinion. So, I
encourage folks to evaluate this further and see if there are any additional
components that we'want to introduce as amendments. But yeah, that's
absolutely possible.
CHR,.,KAGIWADA: Thank you. Council Member Kaneali`i-Kleinfelder.
MR. KANEALI`I-KLEINFELDER: To the maker, what was the drive for this
bill?
MS. KIMMBALL: You know, Tyler Benner, our Auditor is probably the most
articulate person on the purpose of this amendment, but if you don't mind
Auditor, I'd love to have you describe the intent.
CHR KAGIWADA: Thank you. Go ahead, Mr. Auditor.
(Note: At this time, Auditor Tyler Benner, came forward to address
the members of the Committee.)
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MR. BENNER: Thank you. Aloha Council Members. My name is Tyler
Benner. I'm with the Office of the County Auditor. I'll be speaking briefly on
Bill 21 to provide background context for your consideration. In close net
community relationships run deep and often span generations. It's understandable
that people want to see that those they care about succeed. And at the same time,
we have a shared responsibility to insure that public employment is rooted in
fairness, transparency, and trust in the process.
Under HRS 76-1, the Merit principle is clear. Individuals should be hired and
retained based on their ability, conduct and performance. Subsection 2 calls for
impartial selection through competitive, fair and practical tests.
A quick timeline for context, in 2013, the Mayor's Office aria DHR formed a
Staffing Review Committee (SRC) to review hiring decisions: (Departments were
instructed not to proceed with hires without SRC approval. However, the SRC
raised concerns that it bypassed competitive recruitment by favoring certain
persons of interest. The SRC was disbanded in 2017 under a new Administration.
Due to concerns from the public and staff, our office conducted a 2017 audit of
hiring practices. One key recommendation addressed the need to prohibit
inappropriate hiring practices.
In 2022, we launched a fraud, waste, acid abuse hotline, which began receiving
allegations of,bias hiring. We followed up with a second audit and identified
opportunities to strengthen oversight, define nepotism, and address familial
relations, and required disclosure of potential conflicts by interview panelists.
At that time, Corporation Counsel advised a lining with State Law which did not
yet define nepotism'. Since then,'HB (House Bill)717 was enacted specifically
addressing the issue.
In May 2024, we published findings from a specific investigation. A supervisor
failed tei disclose a family relationship with a candidate. That same supervisor
administered a field test prior to interviews without clear procedural guidance.
Only the relative received a complete and exceptional score. As a result, they
were the sole candidate that advanced to interview. This raised concerns about
how easily the process could be manipulated in the absence of proper controls.
The Roth Administration responded with a memo issued May 30, 2024,
reenforcing expectations. Still today, the only mention of nepotism in the County
Code applies to nonprofits receiving grants, not internal County operations. That
double standard deserves attention.
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Our office believes Hawaii County should lead by example with strong clear
policies to ensure hiring is fair, free from conflicts, real or perceived. And it's not
about limiting opportunity; it's about protecting it.
It safeguards staff reputations, promotes public trust, and strengthens our ability
to serve the community. So, thank you for your time and consideration of this.
MR. KANEALI`I-KLEINFELDER: Thank you, Mr. Benner. Precise as usual.
Okay, I like that, like what you just said. That was good. We had discussion this
morning of seeing these two bills; these two things lying in the same committee
on the same day, was interesting to say the lust. So, this is 2017, where this
originated from?
MR. BENNER: The original HR Audit took place in 2017.
MR. KANEALI`I-KLEINFELDER: Were you here in 2017? That wasn't you.
MR. BENNER: I conducted the follow-up and not the original audit.
MR. KANEALI`I-KLEIFELDER: Okay, and the follow-up, you found
something in 2022.
MR. BENNER: The follow-up saw that the Human Resources Department had
implemented all the recommendations that were made in the initial audit, but
there were additional gaps that needed to be filled in order to cover these
dements.
MR. KANEALI`I-KLEINFELDER: Interesting. Okay, this is one of the issues
that was found in your audit.
MR. BENNER: Right. So, when we made that recommendation, we said they
were implemented and to further strengthen these additional elements.
MR. KANEALI`I-KLEINFELDER: Okay, thank you, appreciate it.
CHR. KAGIWADA: Thank you, Council Member. Anybody else? Alright? We
can go ahead and take the vote. All those in favor of approving Bill 21 and
sending it to the full Council with a favorable recommendation, please say, "aye."
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Vote on Bill 21: The motion to recommend passage of Bill 21, as amended,
(Approved) on first reading was carried by the following voice vote:
Ayes: Committee Members Galimba, Hustace, Inaba,
Kagiwada, Kaneali`i-Kleinfelder, Kimball,
Onishi, Villegas, and Chair Kierkiewicz—9.
Noes: None.
Absent: None.
Excused: None.
Return to Order The Chair directed the Committee to return to'the order of business.
of Business:
ORDER OF The Chair directed the Committee to proceed to the next order of business,
RESOLUTIONS: Order of Resolutions.
(Note: Items in this category was taken,up previously, out of order.)
Res. 104-25: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL
AGREEMENT WITHTHE FEDERAL BUREAU OF INVESTIGATIONS TO
SUPPORT THEIR CONTINUED,.COOPERATION WITH THE HAWAI`I
POLICE DEPARTMENT FOR THE SAFETY OF THE COUNTY OF HAWAI`I
Authorizes the Hawaii Police Department to enter into an updated Memorandum
of Understanding to continue intOr-agency collaboration to identify and target for
prosocution;criminal enterprise groups responsible for drug trafficking and money
laundering.
Reference: Comm. 180
Intr. by: Council Member Kagiwada(B/R)
Motion to&prove: Mr. Inaba moved to recommend adoption of Res. 104-25.
Seconded'by Ms Galimba.
CHR. KAGIWADA: I believe we have our HPD (Hawai`i Police Department) folks
over in Kona; and we also have our Deputy Corporation Counsel here in Hilo. So,
who wants to kick it off. Over there in Kona, do you want to kind of give us an
outline of why this is being introduced. Please introduce yourself.
(Note: At this time, Police Captain Ed Buyten, came forward to address
the members of the Committee.)
MR. BUYTEN: Good morning and thank you for having us. I am Captain
Ed Buyten of our Vice Division for the Hawaii Police Department. And I've asked
my Lieutenant to join me today from the West Side, Eric Jackson, as he will have the
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day-to-day oversight and operational control over working with the FBI(Federal
Bureau of Investigation) for drug investigations.
The oversight is really simple. Our relationship and long-term collaborative with the
FBI for this specific MOU (Memorandum of Understanding) focuses on drug
traffickers, criminal enterprise, and drug distribution into the State of Hawaii. It's
something that so important to our community. As you know, I've had the
opportunity in the past to brief the Council on Fentanyl and other narcotics that come
in and impact our community so much.
The FBI is supporting us through that with assets of financial resources like
overtime and training. Criminal analysts to help us look'at"National level
organizations all the way up to the prosecution of these subjects in the Federal
Court system.
CHR. KAGIWADA: Thank you so much for that introduction of this resolution.
Council Members, we've got a confidential copy of the MOU itself in our files. If
you have any specific questions about this MOU, I would suggest that we go into
Executive Session so that those can be discussed freely. So, if anybody would like
to go into Executive Session, maybe now is the time. Do we have anybody who
has interest? Council Member Galmba.
MS. GALIMBA: Thanks. I don'tthink for my comments, I don't think we need
to go into Executive Session. I just wantedlo say that I actually found this MOU
to have many specific clauses that I would have liked to have seen in other MOUs.
So,I„personally don't have a problem with this MOU. I think it's very well
written.
CHR KA{�..irIWADA: Thank you. Anybody else with comments that do not
necessarily speak specifically to the confidential document, please be able to
speak. ,Yes, Council Member Villegas.
MS. VILLEGAS: Thank you. Thank you, Captain Buyten for being here. Having
had the opportunity and the privilege of working with you over the last few years
in supporting the work that Vice has done; to crack down on Fentanyl coming into
our County. The great conversations that we've had and how you've ben able to
educate me on the pivotal relationship between County Police work and the
resources and expertise of the FBI and the Federal Government and how that has
been directly connected to ensuring the seizure of pounds and pounds of Fentanyl.
And the elimination of that potential for that Fentanyl to infiltrate our community.
You know, I have my own set of concerns, as I continue to watch what's
happening in the national arena as it relates to organizations. Unfortunately, also
including the FBI and the potentially unlawful, no lack of procedure whatnot.
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I suppose for me wrestling with this, Captain Buyten, I come back to my trust for
you, and once again, trust for our Police Department and for the work that you do
and the partnerships and alignments that you've created; and the relationships, and
the value system, by which you have been a leader in our Police Department for
decades now. For me, that brings me a sense of peace and the ability to support
this MOU moving forward. I, like my colleague, appreciate the very specific and
articulate terminology used in this MOU, which I feel like, not only protects our
community, but it protects you and our first responders and public servants within
the Police Department from being compromised or being asked to do something
that is not in your sphere of responsibility or whatshould be your priorities.
So, I myself will be supporting this today, But I wanted to give some credit to the
reputation, the leadership; and the positive impacts that Captain Buyten and his
Vice team and those they work with has had on our County, our community and
the future health and safety of our people. So, thank you once again, Captain
Buyten, appreciate you. I yield.
CHR. KAGIWADA: Thank you, Council Member. Anybody else? Questions,
comments? No, okay; Alright, thank you so much, Captain Buyten for bringing
this forward and for giving us the opportunity to see the MOU itself and see the
language. Really do appreciate that. It looks like we are ready to vote with no
further ado, all those in favor of adapting Resolution 104-25 and sending it to
Council with a favorable recommendation,please say, "aye." Any opposed?
Vote on Res. 104-25: The motion to recommend adoption of Res. 104-25, was
(Approved) carried by the followingvoice vote:
Ayes: Committee Members Galimba, Hustace, Inaba,
Kagiwada, Kaneah'i-Kleinfelder, Kimball,
Onishi, Villegas, and Chair Kierkiewicz—9.
Noes: None.
Absent: None.
Excused: None.
CHR KAGIWADA: Thank you all so much for your time today. With that, no
further agenda items here, we will finish up, and the time if 11:59 a.m. Thank you.
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ADJOURN- Seeing no further business, Chair Kagiwada adjourned the meeting at
MENT: 11:59 a.m.
Approved:
Ms. Jenn Kagiwada, Chair (Date)
Committee on Governmental Operations
and External Affairs
JK/dt
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