HomeMy WebLinkAboutREP PSMTC 024 2016/10/19 (2014-2016) REPORT OF THE
COMMITTEE ON PUBLIC SAFETY
AND MASS TRANSIT
DATE: October 19, 2016 Re: Comm. No. 1098
PLACE: Council Chambers
Kailua-Kona, Hawai`i
TIME: 9:43 a.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawai`i 96720
Your Committee on Public Safety and Mass Transit, to which was referred Communication No. 1098
reports as follows:
Communication No. 1098, transmitted by Mayor William P. Kenoi, dated September 29, 2016,
requests review and favorable recommendation of the nomination of Ms. Donna Payesko of
Council District 7 to the County of Hawaii Fire Commission.
There were two testifiers present that provided comment, not specific to the nominee but more
the nominations in its entirety. Both testifiers requesting transparency, shared that given the
circumstances of the current administration and the anticipated change of said administration in
less than two months, perhaps it would be most appropriate to allow Mayor-elect Harry Kim to
nominate candidates for the remaining vacant positions in our Boards and Commissions.
After the close of public testimony, Deputy County Clerk, Jon Henricks, read Comm. No. 1098
into the record, preceding a motion made by Mr. Kanuha and seconded by Ms. David to approve
the nomination. Executive Assistant to the Mayor, Charmaine Shigemura, via Hilo video
introduced and provided background information on Nominee Payesko, expressed the Mayor's
support, and requested Council's favorable action of this appointment.
Ms. Donna Payesko is a 9-year resident of Hawai`i. She was associated with the law firms of
Jung & Vassar, PC, and Darl C. Gleed & Associates from 2007 until May of the year, when she
tool the steps to launch her own firm. Ms. Payesko is the owner of Ohana Legacy Law and her
practice focuses on estate planning, probate, asset protection and elder law. Ms. Payesko is
President-elect of the West Hawai`i Bar Association and legal consultant to the board of Makua
Lani Christian Academy. She is also chair of the advisory committee of Hawai`i Community
Foundation's West Hawaii Fund. Ms. Payesko states that she is not affiliated with any political
party. If confirmed, she will serve a vacant term to end on December 31, 2020.
Your Committee held a lengthy discussion after Ms. Payesko appeared before Your Committee
happily ready to answer any questions members may have upon her appointment.
PSMTC REPORT NO.24
PSMTC-24 Page 2 October 19. 2016
Mr. Kanuha urged support for this nomination, as Ms. Payesko is his constituent. He appreciates
her willingness to volunteer for these positions, as he knows that it is extremely difficult to take
time to come out and decide or advise on issues that face our community, along with having a
family, many friends and full-time job. Although, she may not have fire experience, Mr. Kanuha
shared confidence that Ms. Payesko will learn what she needs to know to be an effective and
productive member of the Fire Commission. Mr. Kanuha appreciated Ms. Payesko for being
present and hearing the testimonies presented earlier. Moving forward, Mr. Kanuha concluded
that our Boards and Commissions have not been able to meet due to lack of quorum. Thus, very
glad to support nomination and urge rest of the council to support nomination and move forward
with a positive recommendation.
Ms. Poindexter reminded the public should Your Committee not act on this matter, the nominee
will automatically be approved, pursuant to the Hawai`i County Charter Section 13-4(1). Ms.
Poindexter also extended appreciation to Ms. Payesko for her willingness to serve. Ms. Payesko
responded with appreciation and that she will do the best of her ability.
Ms. Wille shared that even though the mayor can nominate, it is the Council who approves so
don't want this to be looked at as a rubber stamp and think some is more timid then perhaps she
had something personal. Ms. Wille believes it should be balanced like planning, culture and
environment, and strongly encouraged pubic to reach out to your respective elected officials
more. If there is someone in particular that should need to bring up to brought up to the
respective councilmembers. In regards to Ms. Payesko specifically, Ms. Wille inquired as to why
first choice is Committee on Aging with Fire Commission as second choice. Ms. Payesko
answered that she honestly has the desire to serve the best she can; she is an elder law attorney
and desires strongly in serving community she lives in. Ms. Payesko continued that she
appreciates the ocean safety division, but it is really a matter of being a voice for the community.
Ms. Wille in satisfaction, commended Ms. Payesko coming forward and have been one of those
of angry at the failure of the mayor to appoint individuals, yet at the same time, at the last hour,
the mayor is functional and moving forward, though failed to appoint anyone for the North
Kohala CDP.
Mr. Chung extended appreciation to Ms. Payesko and commended her as he has heard all good
thigs from colleagues on the west side. Unfortunately, her appointment came out because of a
letter from Mayor-elect Kim expressing concerns of vacant positions in our Boards and
Commissions. Mr. Chung is currently looking at a compromise where Committee Members may
postpone matters such as these and let the incoming mayor vet, as he had concerns on said
appointments at such a late date given the length of time that they were and are vacant with the
exception of the Board of Ethics and Board of Appeals. Mr. Chung concluded that nominees
thus far for our Boards and Commissions, Mayor Kenoi has done a great job in appointing for
caring and fair individuals. Mr. Chung simply request Ms. Payesko be fair in dealing with public.
Ms. Eoff shared how reassuring to know of Ms. Payesko's background in law, public service and
passion for elderly law. Ms. Eoff is currently facing an engaging steering committee with
Ms. Poindexter for health concerns and look forward to collaborate with Ms. Payesko.
PSMTC-24 Page 3 October 19, 2016
Chair Paleka congratulated Ms. Payesko and advised how important it is to know how to aside
politics and noise, which can be a distraction at times.
Your Committee agreed that Ms. Payesko is not required to appear at final confirmation before
the full Council, but was extended the invitation to attend if so desired.
Your Committee on Public Safety and Mass Transit is in accord with the purpose and
intent of Communication No. 1098, and recommends confirmation of the appointment of
Ms. Donna Payesko to the County of Hawai`i Fire Commission.
nm
AYES NOES ABS EX REC Respectfully submitted,
CHUNG X
DAVID x COMMITTEE ON PUBLIC SAFETY
EOFF x AND MASS TRANSIT
ILAGAN X
KANUHA XeZ
ONISHI X Afre
PALEKA x DANNY PA(KA, CHAIR
POINDEXTER x PSMTC REPORT NO: 24
WILLE X ADOPTED: NOV 0 2 2016
AYES—Affirmative,NOES—Negative,ABS--Absent,EX—Excused Absence:REC—Recused