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HomeMy WebLinkAboutMIN GOEAC 2026/05/04 (2024-2026) DRAFT Committee on Governmental Operations and External Affairs 33`'d Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii May 4, 2026 CALL TO The regular meeting of the Committee on Governmental Operations and ORDER: External Affairs was called to order at 2:00 p.m., in the Council Chambers, Kailua-Kona, 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(via videoconference from Hilo) Ms. Heather L. Kimball, Member Mr. Dennis "Fresh" Onishi, Member(via videoconference from Hilo) 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: (There were none.) CHR. KAGIWADA: Alright, we're going to push the Item 14 to the end of the Committee meeting. So, if we can start with Resolution 518-26, please. Change Order As directed by the Chair and with no object from the Council Members, of Business: the following items were taken out of order: ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. GOEAC-33 May 4,2026 Res. 518-26: AMENDS THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAI`I BY REPEALING RULE NO. 7 AND ADDING A RULE RELATING TO PERMITTED INTERACTION GROUPS Replaces ad hoc committees with permitted interaction groups. Reference: Comm. 825 Intr. by: Council Member Inaba Motion to Approve: Mr. Inaba moved to recommend adoption of Res. 518-26. Seconded by Ms. Galimba. CHR. KAGIWADA: Go ahead, Council Member Inaba. MR. INABA: Thank you, this rule changes, repeals the entire Rule 7, which currently reads Ad Hoc Committee and replaces it with Permitted Interaction Groups. And that is the correct term,per HRS (Hawai`i Revised Statutes). It also further clarifies that when we move to establish a permitted interaction group, that part of the motion include the scope of the investigation or assignment, as well as the Chairperson and members. And that's really to help clarify our records that when we look back, we're able to clearly see it. And it's been difficult in some review to see membership and scope when we look back in our minutes. So, ask for your support. Thank you. CHR KAGIWADA: Thank you, Council Member. Any questions or comments. Council Member Kimball. MS. KIMBALL: Yes,just a procedural one. So,just to make sure I'm clear in the future, it's one motion to close file; identify the scope and the members, or is it like we've done in the past? One motion to close file, and then within that, a motion to identify scope and members? MR. INABA: So, the process where the communication that brings the discussion, that still stands. It's just that a formal motion be made after that, that specifies who and what the scope is. MS. KIMBALL: Got it. Thank you, I yield. CHR KAGIWADA: Thank you. Anybody else, questions, comments? Council Member Kierkiewicz, go ahead. MS. KIERKIEWICZ: Thank you. I want to speak in support of this rule clarification. You know, I believe in the past or actually, our current rules allow for the Chair of the committee to select the members of a committee. I think this is a lot cleaner for it to be conducted in this way. Page 2 GOEAC-33 May 4,2026 I appreciate the transparency and clarification, so that the record can reflect members serving and the actual scope of the permitted interaction group. Thank you. CHR. KAGIWADA: Thank you, Council Member. Anybody else? Seeing none, all those in favor of approving Resolution 518-26 and sending it to the full Council, please say "aye." Any opposed? Vote on Res. 518-26: The motion to recommend adoption of Res. 518-26 was (Approved) carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kaneali`i-Kleinfelder, Kimball, Kierkiewicz, Villegas, and Chair Kagiwada—8. Noes: None. Absent: Committee Member Onishi— 1. Excused: None. CHR KAGIWADA: Motion carries. Resolution 544, please. Res. 544-26: AMENDS RULE NOS. 9 AND 10 OF THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAI`I, RELATING TO VOTING AND DISCLOSURE OF INTEREST, RESPECTIVELY Requires a member of the Council to leave a Council or Committee meeting during discussion and voting on a matter in which that member has disclosed a financial or personal interest. Reference: Comm. 854 Intr. by: Council Member Inaba Motion to Approve: Mr. Inaba moved to recommend adoption of Res. 544-26. Seconded by Ms. Galimba. CHR KAGIWADA: Go ahead, Council Member Inaba. MR. INABA: Thank you. This is a rule change I worked on with Corporation Counsel (Renee) Schoen and it's that beyond making that disclosure which is already required. The rules would be amended to require that anyone that has disclosed a substantial financial or personal interest in any matter proposed or pending before the Council or a Committee after making such a disclosure shall then remove themselves from the Council Chambers or meeting room during the deliberation and voting on the matter, and that this recusal or removal shall be recorded in the minutes. Page 3 GOEAC-33 May 4,2026 This really puts us in line with our Code of Ethics in ensuring that there is no undue pressure or any type of pressure from a member who's made a disclosure being still in the room or here on the dais. Happy to take any questions, and Corporation Counsel, please chime in if you feel you need to. Thank you. CHR. KAGIWADA: Any members have any questions or comments? Council Member Galimba. MS. GALIMBA: Just wanted to thank Chair Inaba for making this rule change. I think it's the best practice. Thank you for clarifying it. CHR KAGIWADA: Thank you, Council Member Galima. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. So,just to clarify, if someone recuses themselves, they need to get up and walk out of the room physically and be gone for the entire voting? MR. INABA: Correct. MR. KANEALI`I-KLEINFELDER: I like it. I like all these rule changes you've made. It's nice. Thank you. I yield, Chair. CHR KAGIWADA: Thank you. Alright seeing no other lights, I'll also say, I also support this amendment. Thank you, Council Member Inaba, for bringing this forward. All those in favor of forwarding Resolution 544-26 to the full Council with a favorable recommendation,please say "aye." Any opposed? Vote on Res. 544-26: The motion to recommend adoption of Res. 544-26 was (Approved) carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kaneali`i-Kleinfelder, Kimball, Kierkiewicz, Villegas, and Chair Kagiwada—8. Noes: None. Absent: Committee Member Onishi — 1. Excused: None. CHR KAGIWADA: Motion carries. Resolution 545-26, please. Page 4 GOEAC-33 May 4,2026 Res. 545-26: AMENDS RULE NO. 2 OF THE RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAI`I, RELATING TO EXCUSED AND UNEXCUSED ABSENCES Requires a member of the Council to notify the Council Chair whenever that member is unable to attend a Council meeting; requires the Council Chair to determine and announce whether the absence is excused or unexcused. Reference: Comm. 855 Intr. by: Council Member Inaba Motion to Approve: Mr. Inaba moved to recommend adoption of Res. 545-26. Seconded by Mr. Hustace. CHR. KAGIWADA: Council Member Inaba. MR. INABA: Thank you. This resolution was introduced after inquiry from some of the membership regarding what is excused and unexcused? The Charter has some language regarding multiple unexcused absences and the Council being able to impose a one-month hold on a member's salary for repeated unexcused absences. But we don't have anything in our rules to clarify excused versus unexcused. So, what this change to Rule No. 2, Subrule 9 states that we do notify the Council Chair in writing as soon as possible regarding an absence. Then the Council Chairperson will determine whether it's excused or unexcused absences; taking into consideration, things like illness, medical treatment, health-related conditions, or care for immediate family members, official County business, or other government service requiring attendance elsewhere, family emergencies or unavoidable travel disruptions. At that meeting, the Council Chairperson shall announce the determination, which shall be recorded in the minutes. And I'm happy to get any feedback, but again, this was just to provide some type of rule-making process and having been on the same page. The requirement is really for the official Council meetings. But obviously as we know, and as it's been standard practice, the committee attendance still email the Chair, so that we know we can commit to our quorum and having our meetings as necessary. But if you have any questions, please let me know. Appreciate your feedback. Thank you. CHR KAGIWADA: Council Members, any comments or questions? Council Member Kimball. Page 5 GOEAC-33 May 4,2026 MS. KIMBALL: Thank you. Can you please clarify 9 (c). So, what is entered into the minutes; is it excused or unexcused, or is the reason identified by the person seeking the excuse, included? I just want clarification on that. MR. INABA: In writing this,just intention wise and what's here on paper, the Chairperson announces whether it's excused or unexcused. But it's required to specify the reason. And let me also add that subsection (d) also allows for an appeal of the decision of the Chair to be decided on by affirmative vote of the Council. So, there is that provision as well. I missed that the first time. Thank you. MS. KIMBALL: My question only arose around,you know, potential privacy concerns, if someone requests to be absent for a medical procedure or something. So, if it's just excused or unexcused, I think that's sufficient. Thank you. CHR. KAGIWADA: Thank you, Council Member. Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. So, my question then is, if you write a note, where is it required that we have to write a note? MR. INABA: Here in 9 (a), in the proposed rule in this resolution. MR. KANEALI`I-KLEINFELDER: Is there currently language in our rules that requires a note being delivered to the Council Chair when you're not going to be at a meeting? MR. INABA: I do not believe so. MR. KANEALI`I-KLEINFELDER: Okay, so, we write a letter or a note when we're not going to be attending. But that doesn't mean we're excused. Only the Chairperson can decide if you're excused versus unexcused. MR. INABA: According to the proposed rule before us, yes. And these are for Council meetings, not for Committee meetings. MR. KANEALI`I-KLEINFELDER: Thank you, Mr. Inaba. And then, are these all tracked? Something came to my attention recently was the way that it's tracked in the County system. But it just states that you're absent or not. There's no bearing on being excused absent, or unexcused absent. Has that been addressed at all. So, if the public was looking into if we're here or not, how is that being addressed? MR. INABA: That's what this resolution is addressing. Because there will be a determination whether it's just a simple absent or if it's an excused absent, as determined by the Chairperson of the Council. Page 6 GOEAC-33 May 4,2026 MR. KANEALI`I-KLEINFELDER: So, creating a category of being absent, either excused or unexcused? MR. INABA: Correct. MR. KANEALI`I-KLEINFELDER: Beautiful. Thank you. CHR. KAGIWADA: Council Member Hustace. MR. HUSTACE: Thanks Chair. To Council Member Inaba, this doesn't affect the voting record in what the Clerk's Office produces? Does it in terms of creating a separate category all together of the "aye, no's, absent, and excused." There is this technical recusal from the vote? MR. INABA: Sorry, I don't know if I'm understanding correctly. MR. HUSTACE: Sure. So, on our voting record blocks on legislation, there is the "aye, no's, absent." So, they're not present in the space whatsoever. Then the "excusal" is really that they've been recused from that voting record. So, I'm not sure if this is an additional sort of caveat to that, or completely separate. MR. INABA: That might be a question for the Clerk, as to how they're going to choose to record. Perhaps the clarification is needed between a recusal or an excused absence, is maybe how I'm hearing your question. MR. HUSTACE: Thank you. Mr. Clerk, on the voting block, if I'm not mistaken, there's those four boxes that you identify the members upon a vote called. And one of those is excused, but that is a technical term that they've been recused from the vote, deemed by the Chair of that vote for conflict or what have you. MR. HENRICKS: I wouldn't say this rule change—if it's adopted, affecting how the Clerk's Office records votes. If you're absent, you're absent. And the voting block wouldn't differentiate whether or not the Chair had excused you or not. I don't think it's really relevant to the voting history. MR. HUSTACE: Okay, so, they're kind of just two different sets of records then. I'm seeing what you and your office provide and the recordkeeping of the vote versus excusal granted by the Chair for that purpose and that meeting. I kind of see two separate things, and I don't want to confuse the two. MR. HENRICKS: I don't think personally, see it as an issue because more of what the Chair is proposing. This rule change is more like management of attendance. Page 7 GOEAC-33 May 4,2026 Whereas, what the Clerk's Office does when it records votes, it's more sterile than that. It doesn't look into reasons and you're correct, excused is reserved for when a Council Member declares a conflict of interest, and ask to be excused by the Chair from voting and is granted that permission to not vote. It should be reserved for that. I would not like to add more blocks that would say, "absent and that fine" or "absent and that wasn't fine. I don't think it would really produce anything beneficial for the public. MR. HUSTACE: No, I appreciate that response, Mr. Clerk. Thank you. I just wanted to make sure of that. Because when we often call for the vote, and we have absences, or excusals technically, for someone who has removed themselves from the vote. So, I just want to be careful with some of the language here. Thank you. Corporation Counsel, do you have anything else to add to that? (Note: At this time, Corporation Counsel Renee Schoen came forward to address the members of the Committee.) MS. SCHOEN: My only comment is that, in your Charter it does speak to, and I'm looking at(Section) 3-7, Subsection (d), and it does speak to attendance without being excused. And so, my thinking is that is the reason; the need anyway to determine whether or not it's an excused or non-excused. Separate and apart from the voting that the Clerk takes. MR. HUSTACE: Thank you, Corporation Counsel. Thank you, Chair. CHR. KAGIWADA: Council Member Inaba, would you like to follow up on that? MR. INABA: I just wanted to put this out there again, because the Charter is specific to the Council meetings. That's why this rule has followed. And I guess moving forward in Committee meetings, if someone is not present, it's essentially an absence. Because this process is not going to apply to Committee meetings, as it's currently written. But if people want to see it differently, maybe we can talk about it briefly. Again, I think even if we do apply it to Committee meetings, it might be best to still have the Council Chairperson make the determination rather than trying to work with all of the different Committee Chairs. But I just wanted to make sure that we're all understanding this rule the same way. CHR KAGIWADA: Thank you. Over in Hilo? MS. KIERKIEWICZ: Thank you, Chair. It's just me. I'm in support of this particular rule. I do also support the idea of having this apply to Committee. Page 8 GOEAC-33 May 4,2026 Particularly, because we are a body of nine, and Committee of the Whole for each of the committees that we have. I think this just increases transparency for the record for who's actually showing UP to the meetings to advocate on behalf of their particular districts. So, support this and also happy to work with you, Council Chair to come up with language to include Committees. But I think you understand what we're trying to do and would look forward to some kind of friendly amendment. Thank you. CHR. KAGIWADA: Thank you, Council Member Kierkiewicz. Council Member Inaba. MR. INABA: Thank you. I will work on some language for us to have at Council. I don't think it'll be too difficult for us to get. So, we'll work on that and have it within two weeks. CHR KAGIWADA: Thank you so much. So, I just want to say my two cents here, which is now with nothing I know, because they don't make pennies anymore. But I've got to round up, okay, my five cents, my nickel's worth. Just want to thank you, Council Member Inaba, for bringing this forward. I guess I've always read the rules where it said, "Regularly scheduled Council Meetings," it's including Committee meetings, because we are Committees of the Whole. But either way, I'm completely in support including those meetings in this rule. I don't know if we want to just I know, it might cause a little bit of headache from the Clerk. But I wonder if we would want to consider changing on the voting blocks to recusal, recused, or something instead of excused just to not be confusing around excused absence and non-excused absence. So, I'll just float that out there. Maybe you can check in with the Clerk and see if that might be something you'd want to propose as a friendly amendment. Aright with that, all those in favor of forwarding Resolution 545-26 to the full Council with a favorable recommendation,please say "aye." Any opposed? Vote on Res. 545-26: The motion to recommend adoption of Res. 545-26 was (Approved) carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kaneali`i-Kleinfelder, Kimball, Kierkiewicz, Villegas, and Chair Kagiwada—8. Noes: None. Absent: Committee Member Onishi — 1. Excused: None. Page 9 GOEAC-33 May 4,2026 CHR. KAGIWADA: Could we please move on to Resolution 546-26. Res. 546-26: AUTHORIZES THE MAYOR TO ENTER INTO A RIGHT-OF-ENTRY AGREEMENT WITH THE STATE OF HAWAI`I, DEPARTMENT OF TRANSPORTATION, TO ACCESS A PORTION OF TAX MAP KEY: 2-9-002:080 FOR THE HAKALAU STREAM BRIDGE REHABILITATION PROJECT Reference: Comm. 856 Intr. by: Council Member Kagiwada(B/R) (Note: Comm. 856.1 from Council Member Jenn Kagiwada dated May 1, 2026, transmitting an amendment to Res. 546-26, was circulated.) Motion to Approve: Mr. Hustace moved to recommend adoption of Res. 546-26. Seconded by Ms. Kimball. CHR KAGIWADA: I believe we might have J over there. Thank you. Please Mr. Yoshimoto,please go ahead. (Note: At this time, Assistant Corporation Counsel J Yoshimoto came forward to address the members of the Committee.) MR. YOSHIMOTO: Good afternoon, Council Members and Committee Chair. J Yoshimoto, Assistant Corporation Counsel. For this resolution, we are requesting an amendment. There was a typographical in the original resolution. I believe that's Communication 856.1. So, we're requesting that amendment. Motion to Amend: Mr. Inaba moved to amend Res. 546-26 with the contents of Comm. 856.1. Seconded by Mr. Hustace. CHR. KAGIWADA: Alright, anything anybody want to add or questions? Okay, all those in favor on this amendment, please say "aye." Any opposed? Vote on Motion to The motion to amend Res. 546-26, with the contents of Comm. 856.1 Amend: was carried by the following voice vote: (Approved) Ayes: Committee Members Galimba, Hustace, Inaba, Kaneali`i-Kleinfelder, Kimball, Kierkiewicz, Villegas, and Chair Kagiwada—8. Noes: None. Absent: Committee Member Onishi — 1. Excused: None. Page 10 GOEAC-33 May 4,2026 CHR. KAGIWADA: The amendment passes. Back to the main motion, anything else anybody? Council Member Kimball, go ahead. MS. KIMBALL: I'll take this opportunity since it's on topic to just share with folks that the DOT (Department of Transportation) has released a half-an-hour video called "Hakalau Bridges Across Time." This is the first time that DOT has offered a video presentation as a mitigation for work on a bridge project. And it's really well done and worth your time just as sort of like a whole history of the area of Hamakua, but there's some really interesting speakers there, and some beautiful historical photography from the area. So, I encourage folks to watch it. Like I said, it's a new process. I hope that the DOT considers providing similar documentaries for other projects that involve historical structures. The work that is estimated to start in the next couple months is the level of mediation below the Hakalau Stream Bridge. That is expected to take about a year-and-a-half. And then after that, it's probably another year-and-a-half or 18 months to do the structural work. They do intend to keep the bridge open; both lanes most of the time; some partial flow closures at night when they need to do some work once they get to the structural part of the bridge. But that should be very short closures realizing that is a major thoroughfare and there's no alternate routes. But mainly wanted to encourage folks to watch that video. Thank you. CHR KAGIWADA: Thank you. Do you know if it can be seen on the DOT website, or YouTube, or do you know where you can find it? MS. KIMBALL: Yeah, it's not on YouTube. It's on another web posting platform site. The one that starts with V, V-Mo? Like I said, Hakalau Bridges Across Time. I can share it out to this body in an email if you want. It's another really cool story of the history of the Hamakua Coast region. CHR KAGIWADA: Alright, thank you so much. Alright seeing no other lights, all those in favor of forwarding Resolution 546-26, as amended, to the full Council with a favorable recommendation,please say "aye." Any opposed? Vote on Res. 546-26: The motion to recommend adoption of Res. 546-26, as amended Draft 2 to Draft 2, was carried by the following voice vote: (Approved) Ayes: Committee Members Galimba, Hustace, Inaba, Kaneali`i-Kleinfelder, Kimball, Kierkiewicz, Villegas, and Chair Kagiwada—8. Noes: None. Absent: Committee Member Onishi — 1. Excused: None. Page 11 GOEAC-33 May 4,2026 CHR. KAGIWADA: Motion carries. Please go to Resolution 547-26. Res. 547-26: AUTHORIZES THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF HAWAI`I, HAWAI`I HEALTH SYSTEMS CORPORATION, KA`U HOSPITAL AND RURAL HEALTH CLINIC, FOR PRE-ORDERED LUNCHES Allows for the receipt of pre-ordered lunches for senior citizens who are assisted by the County's nutritional services and programs. Reference: Comm. 857 Intr. by: Council Member Kagiwada(B/R) Motion to Approve: Mr. Hustace moved to recommend adoption of Res. 547-26. Seconded by Mr. Kaneali`i-Kleinfelder. CHR KAGIWADA: I believe we have Ms. Roann Okamura from Parks and Recreation over there in Hilo if anybody has any questions. Ms. Okamura. (Note: At this time, Parks & Recreation Elderly Activities Division Operations Director Roann Okamura came forward to address the members of the Committee.) MS. OKAMURA: Good afternoon, Roann Okamura, Elderly Activities Division Operations Director. CHR KAGIWADA: You want to just tell us a little bit about this? MS. OKAMURA: Okay, certainly. I'd like to ask support from the Council to pass this resolution. This is something that's been in place for many years with Ka`u Hospital providing viable food for seniors in Ka`u when the DOE (Department of Education) is closed. For the Hawaii Health Systems Corporation, I think this is a requirement now for them to have the affiliates have an agreement in writing as far as the services they provide us with. Right now, I did some research. They have over 50 affiliates right now. So, it'll probably be in addition to that. CHR KAGIWADA: Thank you so much, Ms. Okamura. Council Members anybody have any questions or comments? Seeing none, all those in favor of forwarding Resolution 547-26 to the full Council with a favorable recommendation, please say "aye." Any opposed? Page 12 GOEAC-33 May 4,2026 Vote on Res. 547-26: The motion to recommend adoption of Res. 547-26 was (Approved) carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kaneali`i-Kleinfelder, Kimball, Kierkiewicz, Villegas, and Chair Kagiwada—8. Noes: None. Absent: Committee Member Onishi — 1. Excused: None. CHR. KAGIWADA: The motion carries. Bill 152, please. BILLS FOR The Chair directed the Committee to proceed to the next order of ORDINANCES: business, Bills for Ordinances. Bill 152: INITIATES AN AMENDMENT TO ARTICLE III, SECTION 3-18, OF THE CHARTER OF THE COUNTY OF HAWAI`I(2024 EDITION), RELATING TO THE OFFICE OF THE COUNTY AUDITOR Clarifies that the County Auditor has the same power with respect to employees within the Office of the County Auditor as department heads in the Executive Branch and specifies that the County Auditor may appoint a deputy. Reference: Comm. 858 Intr. by: Council Members Inaba and Kierkiewicz (Note: Comm. 858.1 from Council Auditor Clare McAdam dated April 30, 2026, transmitting a testimony to Bill 152 was circulated.) Motion to Approve: Mr. Inaba moved to recommend passage of Bill 152 on first reading. Seconded by Ms. Kierkiewicz. CHR. KAGIWADA: Council Member Inaba. MR. INABA: Thank you. This bill is something I worked on with Council Member Kierkiewicz. In the interim after our former County Auditor departed, we did not and still do not have a Deputy County Auditor. So, what this bill does is clarify, as is the case for other directors in the Charter, that the County Auditor can hire the necessary staff, including a deputy to ensure that the office can continue working at optimal levels. When Auditor Benner was gone, there was some confusion as to who would be approving timecards, approving travel requests. And some of that fell on me as Chair. But some of the other determinations, I wasn't comfortable in making. So, what this does is make sure that Clare (McAdam) can select someone from her staff. And should anything happen; whether she'd be gone off island or Page 13 GOEAC-33 May 4,2026 should depart earlier than her six-year term, their office will continue to operate as it should be. So, ask for your support, and Council Member Kierkiewicz, thank you for your assistance. So, I'll hand it over to her. CHR. KAGIWADA: Thank you. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you. Council Chair summarized it very well. We just want to make sure that we are supporting the Office of the Auditor with appropriate resources so that they can continue to carry out their very important function and duty to serve the County. Looking for everyone's support. Thank you. CHR KAGIWADA: Thank you. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. In support and appreciate the letter from the Office of the County Auditor we received as Comm. 858.1, which states that the auditor is very much in support of this legislation and appreciates the concern expressed by the Council Members in addressing it. Thank you. CHR KAGIWADA: Council Member Hustace. MR. HUSTACE: Thank you, Chair. I just want to mahalo Council Member Inaba and Council Member Kierkiewicz for bringing this forward. And definitely identifying that need as we went through that process of hiring our new auditor. So, thank you for bringing this forward. CHR KAGIWADA: Thank you Council Member. Alright, seeing no other lights, all those in favor of forwarding Bill 152 to the full Council with a favorable recommendation,please say "aye." Any opposed? Vote on Bill 152: The motion to recommend passage of Bill 152 on first reading (Approved) was carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kaneali`i-Kleinfelder, Kimball, Kierkiewicz, Villegas, and Chair Kagiwada—8. Noes: None. Absent: Committee Member Onishi — 1. Excused: None. CHR KAGIWADA: The motion passes. Can we go to Communication 859, please. Page 14 GOEAC-33 May 4,2026 Return to Order The Chair directed the Committee to return to the order of business. of Business: REFERRALS FOR EXECUTIVE SESSION Comm. 859: REQUESTS CONVENING AN EXECUTIVE SESSION REGARDING THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT'S CAPITAL IMPROVEMENT PROJECTS From Council Member James E. Hustace, dated April 16, 2026, requesting a discussion in executive session regarding the above-entitled matter. The Council anticipates convening an executive meeting regarding the above matter, pursuant to Section 92-5(a)(4), for the purpose of consulting with Council's attorney on questions and issues pertaining to the Council's powers, duties, privileges, immunities, and liabilities. A 2/3 vote pursuant to Hawaii Revised Statutes, Section 92-4, and Rule Nos. 2 and 10 of the Rules of Procedure of the County Council is necessary to hold an executive meeting. Motion to Close File: Mr. Hustace moved to close file on Comm. 859. Seconded by Ms. Galimba. CHR. KAGIWADA: Council Member Hustace. MR. HUSTACE: Thank you, Chair. I appreciate the time today to potentially discuss Capital projects around the Department of Environmental Management, particularly on wastewater. Only a couple weeks ago, we were in our Budget hearings, and we had some lengthy discussions about the department and potential Capital projects. Some of the questions verged on space where we need to engage with our attorneys and probably hold an executive session. So, appreciate the opportunity if members are so inclined CHR. KAGIWADA: Great. Thank you so much. MR. HUSTACE: Sorry, I just wanted to say that some of this discussion can be held in open session. So, if you have questions or comments with the departments, they are joining us here in Kona. And I think our Director of Finance should be in Hilo. So, if you do have questions, mostly it could be held in open session. But there are some considerations we need to think about regarding future contracts as well as timelines for those under legal review. So, those should probably be held within executive session. So, definitely, could open up the floor here with Chair's guidance if members want to discuss things ahead of time before entering into executive session. Thank you, Chair. Page 15 GOEAC-33 May 4,2026 CHR. KAGIWADA: Thank you. I'm not seeing any lights at this time. We can come back and discuss if things pop up that should be discussed in public. We can discuss after as well. So, let's go ahead and move into executive session. Vote on Motion to Mr. Hustace moved to enter into Executive Session in order to Enter into hold attorney-client privilege discussion regarding Comm. 859, Executive Session: as authorized by Section 92-5(a)(4) of the Hawaii Revised (Approved) Statutes. Seconded by Mr. Inaba and carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kaneali`i-Kleinfelder, Kimball, Villegas, and Chair Kagiwada—7. Noes: None. Absent: Committee Members Kierkiewicz and Onishi —2. Excused: None. CHR KAGIWADA: Motion carries. We are now in executive session. Recess: At 2:34 p.m., the Chair called for a recess in order to clear the room. Reconvene: The meeting reconvened at 3:58 p.m. CHR KAGIWADA: Thank you so much. Okay, we're back. Does anyone want to talk about this for public comment? Yes, Council Member Kaneali`i- Kleinfelder, please go ahead. MR. KANEALI`I-KLEINFELDER: Thank you. Just a mahalo to Council Member Hustace. We talked about this during the Budget and there were some questions raised then and having this in-depth discussion with the department and the Administration regarding the complexities of what we're dealing with the wastewater systems has been interesting in today's discussion. And an executive session was needed. Thank you, Mr. Hustace. CHR KAGIWADA: Thank you, anybody else? Alright seeing none, there's a motion on the floor to close file on Communication 859. All those in favor, please say "aye." Any opposed? Page 16 GOEAC-33 May 4,2026 Vote on Comm. 859: The motion to close file on Comm. 859 was carried by the Filed following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kaneali`i-Kleinfelder, Kimball, Onishi, Villegas, and Chair Kagiwada—8. Noes: None. Absent: Committee Member Kierkiewicz— 1. Excused: None. CHR. KAGIWADA: With that we come to the end of our agenda. We are done for today. Thank you so much, we are adjourned at 4:00 p.m. ADJOURN- Seeing no further business, Chair Kagiwada adjourned the meeting at MENT: 4:00 p.m. Approved: Ms. Jenn Kagiwada, Chair (Date) Committee on Governmental Operations and External Affairs JK/dt Page 17