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HomeMy WebLinkAboutMIN GOEAC 2025/11/04 (2024-2026)Committee on Governmental Operations and External Affairs 2111 Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii November 4, 2025 CALL TO The regular meeting of the Committee on Governmental Operations and ORDER: External Affairs was called to order at 9:30 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 Ms. Ashley L. Kierkiewicz, Member Mr. Dennis "Fresh" Onishi, Member Ms. Rebecca Villegas, Member Absent & Excused: Mr. Holeka Goro Inaba, Member Ms. Heather L. Kimball, 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: John K. McBride: Bill 89 (Comm.-514), comment. Patti Pinto: Bill 89 (Comm. 514), comment. CHR. KAGIWADA: Thank you very much. With that, could we please go to Communication 40.3. GOEAC-21 November 4, 2025 COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. Comm. 40.3: HAWAI`I STATE ASSOCIATION OF COUNTIES' AUGUST 25, 2025, EXECUTIVE COMMITTEE MEETING MINUTES From Council Member Heather L. Kimball, dated October 6, 2025. Motion to Close File: Mr. Hustace moved to close file on Comm. 40.3. Seconded by Ms. Galimba. CHR. KAGIWADA: Very good. Any questions? MS. KIERKIEWICZ: Chair, I have a question. CHR. KAGIWADA: Yes. MS. KIERKIEWICZ: Thank you. I know that you're an alternate too for HSAC (Hawai`i State Association of Counties), and I was wondering, I was going through the minutes, and I noticed that there was a letter that President Kimball was writing to Speaker Nakamura about County and State collaboration partnerships, and I wondered if you might be in a position to elaborate on what those things are. CHR. KAGIWADA: I'm not because they're still discussing what those things are. Basically, what I think happened is, HSAC gave kind of a list of things that we thought would be good for us to collaborate on with the Speaker of the House. And she was going to kind of look at how that aligned with some of the priorities that they have at the House level and hers. Then see which one of those, because we knew that, you know, all the ones submitted would not be, probably things that we all aligned on at the same level of interest. So, I do not have what was finally discussed. I only know what we spent, which was a longer list of priorities. So, once we have a response from the Speaker, then I'm sure that Council Member Kimball will be happy to share with this body what those are. MS. KIERKIEWICZ: So, just to clarify what was meant in that meeting minutes, was only in relation to the resolution this body adopted. CHR. KAGIWADA: Right. Well, this body and HSAC. MS. KIERKIEWICZ: Okay. CHR. KAGIWADA: A combination of those two things. Page 2 GOEAC-21 November 4, 2025 MS. KIERKIEWICZ: I want to make sure before we sign our County up for anything, that it has been vetted fully by this body and the Administration. I don't think that any one Council Member should be making these kinds of decisions on behalf of others without consultation. Just want to make sure that was noted for the record. Thank you. CHR. KAGIWADA: Okay, thank you so much. Anybody else. With that, all those in favor on closing file on Communication 40.3, please say "aye." Any opposed? Vote on Comm. 40.3: The motion to close file on Comm. 40.3 was carried by the Filed following voice vote: Ayes: Committee Members Galimba, Hustace, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Kagiwada — 7. Noes: None. Absent: Committee Members Inaba and Kimball — 2. Excused: None. CHR. KAGIWADA: Communication 358, please. Comm. 358: REQUESTS THE FORMATION OF AN AD HOC COMMITTEE OR "PERMITTED INTERACTION GROUP" FOR THE SELECTION AND APPOINTMENT OF A SUCCESSOR COUNTY AUDITOR From Council Chair Holeka Goro Inaba, dated June 17, 2025. The ad hoc committee would review and evaluate applicants, conduct interviews, and score applicants for a list of qualified candidates and select finalists for interviews and final decision by the full Council. Postponed: July 8, 2025 (Note: There is a motion by Council Member Inaba, seconded by Council Member Hustace, to close file on Comm. 358.) ; and Comm. 358.1: From Council Member Holeka Gore, Inaba, dated October 8, 2025, transmitting the recommendations from the County Auditor Ad Hoc Committee. CHR. KAGIWADA: Thank you so much. If anybody wants to discuss process, that's open right now. And content will not be discussed today. They'll be discussing that at the future meeting. So, does anybody have any questions or comments about the process? Go ahead, Council Member Kaneali`i- Kleinfelder. Page 3 GOEAC-21 November 4, 2025 MR. KANEALI`I-KLEINFELDER: I'm just thinking back to how we got to here. Wanting to mahalo Ms. Kierkiewicz for her work in getting this process of it more streamlined, because it wasn't very clear when we started this four years ago; six years ago. So, thank you. I yield. CHR. KAGI WADA: Thank you. Council Member Hustace. MR. HUSTACE: Thanks Chair. Just want to say, mahalo to Council Member Kierkiewicz and Chair Inaba for the opportunity to serve on the Ad Hoc Committee. As we went through the process, Communication 358.1 kind of details a lot of the that process and the procedures that were laid out from past work by my colleagues. We did follow that procedure. It shares a lot of the outreach that went out in terms of receiving applicants and applications. So, grateful to be a part of all that inner workings and eventually present that recommendation to this body going forward. So, thank you. CHR. KAGIWADA: Anybody else? Okay with that, I'll just add my thanks to all three members of the Ad Hoc for working on this very important issue. And we have a motion on the floor to close file on Communication 358 and Communication 358.1. All those in favor, please say "aye." Any opposed? Vote on Comm. 358: The motion to close file on Comm. 358 was carried by the Filed following voice vote: Ayes: Committee Members Galimba, Hustace, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Kagiwada — 7. Notes: None. Absent: Committee Members Inaba and Kimball — 2. Excused: None. CHR. KAGIWADA: Communication 591, please. Comm. 591: NOMINATION OF DONN S. MENDE TO THE LIQUOR CONTROL ADJUDICATION BOARD From Mayor C. Kimo Alameda, dated October 14, 2025, requesting the Council's review and confirmation. Requires Council Confirmation by: November 27, 2025 (Section 13-4(k), Hawaii County Charter) Page 4 GOEAC-21 November 4, 2025 CHR. KAGIWADA: Thank you so much. Mr. Alameda, would you please introduce the Mayor's nominee. (Note: At this time, Executive Assistant to the Mayor Micah Alameda and the nominee came forward to address the members of the Committee.) Vote on Comm. 591: Mr. Hustace moved to recommend confirmation of the nomination (Approved) of Mr. Donn S. Mende to the Liquor Control Adjudication Board. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Kagiwada — 7. Notes: None. Absent: Committee Members Inaba and Kimball — 2. 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: Thank you so much, Mr. Mende. Communication 592 please. Comm. 592: NOMINATION OF THOMAS E. FRATINARDO TO THE WINDWARD PLANNING COMMISSION From Mayor C. Kimo Alameda, dated October 14, 2025, requesting the Council's review and confirmation. Requires Council Confirmation by: November 27, 2025 (Section 13-4(k), Hawaii County Charter) (Note: At this time, Executive Assistant to the Mayor Micah Alameda and the nominee came forward to address the members of the Committee.) Page 5 GOEAC-21 November 4, 2025 Vote on Comm. 592: Mr. Onishi moved to recommend confirmation of the nomination (Approved) of Mr. Thomas E. Fratinardo to the Windward Planning Commission. Seconded by Ms. Villegas and carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Kagiwada — 7. Notes: None. Absent: Committee Members Inaba and Kimball — 2. 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: Thank you so much, and thank you, Mr. Alameda. And can we please go to Bill 89. BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 89: AMENDS CHAPTER 7, ARTICLE 1, OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO THE APPOINTMENT OF THE CIVIL DEFENSE ADMINISTRATOR Adds a new section requiring the Civil Defense Administrator have a minimum of three years of responsible administrative experience in emergency management, disaster planning, homeland security, or public safety services management. In the event of a vacancy, the Mayor may convene a selection advisory panel consisting of the Fire Chief and Chief of Police to evaluate qualified applicants. Reference: Comm.514 Imr. by: Council Member Kierkiewicz Postpone: October 21, 2025 (Note: There is a motion by Council Member Hustace, seconded by Council Member Inaba, to recommend passage of Bill 89 on first reading.) CHR. KAGIWADA: Thank you so much. I will turn it over to Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Today, I really appreciate Council Members Hustace and Inaba for putting a pin in this, so that I can comment on the legislation. Page 6 GOEAC-21 November4,2025 This is actually something that I had thought of when the Lahaina wildfires happened, and we saw the MEMA (Maui Emergency Management Agency) Administrator just kind of missing in action. And it got me really worried about our County and wanting to make sure that we have somebody really solid in the position. Thankfully, that has been the case with Talmage, with former Mayor Kim, with Administrator Oliveira. So, this bill is designed to ensure that standard of excellence continues. It's not a critique at all of any of the leadership. It's just ensuring that we are seeing the most qualified candidate leading our County during times of disaster. Because in the last decade, we've seen so many disasters. Wildfires, hurricanes, COVID (Coronavirus disease) pandemic, volcanic eruptions, tsunamis. It's a heavy kuleana, and we need somebody there that I think is proven in being able to engage community; get information out there. Because it all comes down to ensuring the safety of lives and property. There was something that a testifier mentioned about the appointment of the individual by the Mayor. And I just want to, you know, confirm for everybody that right now, the appointing authority is the Mayor. The Mayor, he or she, may hire and remove the Administrator. This position is not coterminous. So, once this individual is in place, similar to Mass Transit, they stay until they decide to resign or whatever else happens. When I was talking to Administrator Magno about the way he was hired by former Mayor Kim, he mentioned to me that Mayor Kim had put together a blue-ribbon taskforce consisting of the Police Chief and the Fire Chief. And I thought, hey, that's a great idea. It would be awesome to elevate that in the Code, not something that we can actually mandate. But you know, encouraging the Mayor to consider that in the event of resignation by the Administrator and the need to hire someone new. Again, also just providing a little bit of clarification in the Code about the appointing process. I'm going to have an amendment here for that. And you'll see here that I also identified just years of experience in key areas. We definitely want this person to have heart. But I also think that we want to make sure that this individual has experience in emergency management, that they've gone through disasters; that they have public safety experience; and importantly, that they can lead a team. So, that's where those two leaders of supervisory and administrative experience come from. I think we have a lot of really talented people right here on this island that could qualify for the position. So, again, this bill is just about being ready. Page 7 GOEAC-21 November 4, 2025 Not quite sure what Administrator Magno plans to do. But in the event that, you know, this or future administrations are going to be appointing a Civil Defense Administrator, I just want to make sure that we as a Council have done our part to make sure this is the kind of person we want to make sure has these experiences serving in this very critical role. So, with that Chair, I'm going to move right into the amendment, and then we can talk about the bill globally. Motion to Amend: Ms. Kierkiewicz moved to amend Bill 89 with the contents of Comm. 514.1. Seconded by Mr. Hustace. CHR. KAGIWADA: Any discussion on the amendment? Council Member Kierkiewicz, do you want to explain the amendment? MS. KIERKIEWICZ: Yeah, there were some folks that were interpreting the language in Bill 89 incorrectly. And so, my intention is more accurately articulated in this particular amendment. CHR. KAGIWADA: Okay, any questions or comments about the amendment? Okay, seeing none, all those in favor of amending Bill 89 with the contents of Communication 514.1, please say "aye." Any opposed? Vote on Motion The motion to amend Bill 89, with the contents of Comm. 514.1 to Amend: was carried by the following voice vote: (Approved) Ayes: Committee Members Galimba, Hustace, Kierkiewicz, Onishi, Villegas, and Chair Kagiwada — 6. Notes: None. Absent: Committee Members Inaba, Kaneah'i-Kleinfelder, and Kimball —3. Excused: None. CHR. KAGIWADA: Alright back to the main motion. Council Member Kierkiewicz. MS. KIERKIEWICZ: Just one other thing I wanted to mention, Chair, was this bill also requires that an appointment for the Administrator position happen within 60 days of a department. So, that ensures that there isn't a prolonged gap in leadership at the agency. At the end of the day, we just want to make sure there's competent leadership at Civil Defense before, during, and after a crisis. So, looking for everyone's support. Thank you, I yield. CHR. KAGIWADA: Thank you. Any comments or questions? Alright, seeing none, I guess I just have a question. Similar to the other timeframes we've put in our Code around hiring, there's not really, though, any teeth in this. Is that Page 8 GOEAC-21 November 4, 2025 correct? Like, what happens if they don't appoint within 60 days? Is there anything there, or is that just similar to all our other ones? It's what we want to see happen. We put it in there, but we don't really have a way to make sure it happens that if they can't find somebody. Is that similar to all our other situations? MS. KIERKIEWICZ: Yes, Chair, it is. If you have a proposal for how we can strengthen our ability to ensure that the Mayor does appoint someone within this time period, I'm all ears. But HRS (Hawai`i Revised Statutes), you know, 127A is very clear on the appointing authority being the Mayor. We can't at day-61 as a Council say, "Hey, we're going to start evaluating candidates." That is just not within our wheelhouse. And I think there's going to be enough public scrutiny on the hiring of this particular position, that I don't foresee the Mayor appointing someone outside of that 60-day window. There isn't a sense of urgency, I think, to make sure that this post continues to be filled. CHR. KAGIWADA: Thank you. And I guess my one other question is, just putting in Section 7-1-3(a) about the minimum of three years of responsible administrative experience. That is just something that we just haven't heard anything about that in the past. That's not replacing anything. I just want to make this clear to the public as well. MS. KIERKIEWICZ: Yes, Section 7-1-3(a) is actually informed Hawaii Revised Statutes. So, there are baseline qualifications in HRS for what sort of MQ's (minimum qualifications) the Administrator should have. So, this language is inspired by and mirroring what's in State statute. CHR. KAGIWADA: Okay, great. I just want to make it very clear to the public. Alright, appreciate that. Any other comments or questions? Okay, seeing none, all those in favor on approving Bill 89, as amended and moving it to the full Council, please say "aye." Any opposed? Vote on Bill 89: The motion to recommend passage of Bill 72, as amended to Draft 2 Draft 2 on first reading was carried by the following voice vote: (Approved) Ayes: Committee Members Galimba, Hustace, Kierkiewicz, Onishi, Villegas, and Chair Kagiwada — 6. Notes: None. Absent: Committee Members Inaba, Kaneali`i-Kleinfelder, and Kimball —3. Excused: None. Page 9 GOEAC-21 November 4,2025 CHR. KAGIWADA: With that, we are at the end of our agenda. So, thank you very much. We'll be following up with our next Committee meeting at 11:00 o'clock. Oh, I should say for the record,the time is 10:39 a.m. Thank you. ADJOURN- Seeing no further business, Chair Kagiwada adjourned the meeting at MENT: 10:39 a.m. Approved: 12`��2a2� Ms. ietdi Kag walla, hair (Date) Co ittee on Gov nmental Operations and External Affairs JKJdt Page 10