HomeMy WebLinkAbout2024-10-09 PL-INT-2024-008998 GP 2045 Draft Comments - Anonymous DATE: 10/9 PEPEEKEO COMMUNITY CENTER
FINAL PUBLIC CONSULTATION RE: GENERAL PLAN 2045
TO: NAMED COUNTY OFFICIAL FROM THE PLANNING DEPARTMENT, COUNTY OF HAWAII :
April Supranent, DIRECTOR LONG RANGE PLANNING
ALOHA .
You are being provided a copy of an affidavit giving sworn testimony to
an incident which suggests that deceptive practices have been
associated with the creation of The General Plan 2045.
These deceptions alleged here are consistent with testimony you have
received from the public previously.
These deceptions if proven true, also involve breaches of the law so you
are being advised of the legal liability to you personally and to
Department of Planning if this General Plan Document continues to be
recommended by you or in your capacity as an employee of The
Department of Planning.
You have been hereby advised that on the basis of serious `breech of
public trust' by County Officials associated with the General Plan 2045,
it is your obligation to immediately close down this hearing and to
suspend this process.
1. Introduction
We submit this joint affidavit to address breaches of public trust by Hawaii County
Officials,specifically you,Ms. Frecia Cevallos,Deputy Director of Research and
Development,and Mayor Mitch Roth,concerning the publication and promotion of the
Final Draft of the General Plan 2045.These officials have violated public trust by
concealing critical information and misleading the public regarding their involvement
with international partnerships promoting "SMART Cities."
2. Factual Background
A. Public Meeting of August 24,2023
On August 24,2023,during a public briefing led by Mayor Mitch Roth,a member of the
public inquired about the county's stance on "SMART Cities." Mayor Roth responded
that he did not know what a SMART City was and deferred the question to you,Ms.
Cevallos,who also denied any knowledge of SMART Cities.
B. Announcement of ICLEI Partnership
On August 26,2023,just two days after the public meeting,the Office of the Mayor •
released a press statement announcing a partnership with ICLEI (International Council
for Local Environmental Initiatives)and the initiation of a sister city relationship between
Hilo and Fortaleza,Brazil. ICLEI is internationally recognized for its role in planning and
implementing SMART City initiatives.
C.Cities Forward Program
On September 26,2023,you attended a "Kick Off" meeting for the Cities Forward
program.At this meeting,you were paired with Luciana Loro,Secretary of Planning and
Environment of Fortaleza,Brazil. Fortaleza is in proximity to a developing SMART City,
as documented by the Planet Smart City initiative,which has partnered with ICLEI.
Despite these connections,neither Mayor Roth nor you disclosed these developments at
the August 24th public meeting.
3. Legal Breaches
A. Violation of Public Trust(Hawaii County Charter,Section 13-10)
The Hawaii County Charter requires that public officers and employees conduct
themselves in a manner that maintains the public's trust.The failure to disclose critical
information regarding the county's involvement with ICLEI and the SMART City
initiative constitutes a breach of public trust,as it denied the community the ability to
engage in a transparent and informed consultation process for the General Plan 2045.
B. Breach of Sunshine Law(HRS §92-1 et seq.)
The Hawaii Revised Statutes require that government actions be conducted in an open
and transparent manner.The failure to disclose the ICLEI partnership and the timing of
meetings that limited public participation violates Hawaii's Sunshine Law,which ensures
public access to government processes and decision-making.The failure to make
information public,as articulated in the Sunshine Law, implies that if the partnership or
planning initiatives were already underway and not properly disclosed to the public
before or during the meeting,it could be grounds for a breach of transparency
obligations.
C.Deceptive Practices in Government Planning(HRS §91-7)
Under Hawaii Revised Statutes,it is unlawful for public officials to engage in deceptive
practices during public consultations or planning processes.The denial of knowledge
regarding SMART Cities during the public meeting,followed closely by the
announcement of a partnership with ICLEI,indicates,deceptive practices intended to
mislead the public about the true nature of ongoing international collaborations.
4. Demand for Action
Given the aforementioned facts,we hereby demand the immediate suspension of the
review process for the General Plan 2045. Furthermore,we call for a full investigation
into:
o The financial transactions and contracts associated with the ICLEI partnership.
o Communications and memorandums exchanged between Hawaii County officials,
ICLEI,and the parties involved in the sister city agreement with Fortaleza,Brazil.
5. Failure to address these breaches of public trust and the continuation of the review
process for the General Plan 2045 will result in further violations,actionable under
Hawaii law.
6. Exhibits
Attached are the following exhibits supporting the claims made in this affidavit:
o Exhibit 1: Screenshot from video featuring Mayor Roth in Town Hall appearance
in Volcano 8/23/23
o Exhibit 1 Press Release for the announcement of the ICLEI "Cities Forward"
Program 2 days later on 8/26/23
o Exhibit 2: Image of Ms.Cevallos in attendance at the "Kick Off" meeting for'the
Cities Forward Program.
o Exhibit 3: Website of ICLEI showing a SMART City initiative dating 2022-2023.
o Exhibit 4: Screenshot from a video posted on the Hawaii County Research and
Development website showing Ms.Cevallos attending the ICLEI "Cities Forward
Brazil" conference in Sao Paulo,Brazil,on June 17,2024. In this video,Ms.
Cevallos is seen announcing joint projects between Hawaii and Fortaleza,Brazil,
with Planning mentor Luciana Loro.
o Exhibit 5: Screenshot from the Planet Smart City website showing an image of
the new SMART City being constructed near Fortaleza,Brazil,Hilo's "sister city."
7. We conclude that the sequence of events,specifically the two-day period between the
public denial of knowledge about SMART Cities and the announcement of the ICLEI
partnership,demonstrates a deliberate deception of the public.We believe that certain
portions of the Hawaii County General Plan describe zoning and development conditions
necessary for the installation of clustered housing in the form of SMART Cities.This,
along with the failure to disclose.the ICLEI contract and the global partnerships Hawaii
County has entered into,demands a thorough investigation into all related financial
transactions,contracts,communications,and memorandums from all parties involved
with ICLEI.
8. Opportunity for Your Response
In light of the serious allegations contained within this affidavit,we hereby extend an invitation
for you to respond to any inaccuracies or misrepresentations of fact that may be presented herein.
It is imperative to ensure that all parties have the opportunity to clarify their positions,especially
concerning matters that suggest potential breaches of law.Therefore,we request that you provide
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your response within a reasonable timeframe,facilitating transparency and accountability in this
process.
9. Conclusion
We, (Names of Signatories],swear that the information provided in this affidavit is true
and correct to the best of our knowledge and belief.
Signatures of Affiants:
1. Signature:
Name: lAffiant Name]
Date:
2. Signature:
Name: lAffiant Name]
Date:
3. Signature:
Name: (Affiant Name]
Date:
4. Signature:
Name: (Affiant Name]
Date:
5. Signature:
Name: lAffiant Name]
Date:
6. Signature:
Name: lAffiant Name!
Date:
7. Signature:
Name: lAffiant Name I
Date:
8. Signature:
Name: lAffiant Name]
Date:
9. Signature:
Name: lAffiant Name]
Date:
10. Signature:
Name: lAffiant Name]
Date:
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exhibits attached to affidavit document 1/2
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