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Public Testimony: Legal Framework and Conflict of Interest Concerns in Fire Chief Selection
From Elijah McDanniel <elijahmcdanniel@yahoo.com>
Date Fri 6/26/2026 11:02 AM
To Schoen, Renee N.C. <renee.schoen@hawaiicounty.gov>; Alameda, Micah
<Micah.Alameda@hawaiicounty.gov>
To whom it may concern:
Please accept and distribute this formal testimony to the members of the Hawaii County Fire
Commission regarding the selection process for the new Fire Chief.
Testimony Regarding Legal Conflict of Interest and Precedence in Fire Chief Selection
Dear Members of the Hawaii County Fire Commission,
I am writing to express serious concerns regarding the objectivity of the selection process for
the new Hawaii County Fire Chief. Specifically, I want to address the potential conflict of interest
involving Commission Chair Gerald Kosaki. His extensive history as a former Battalion Chief of
Special Operations within the Hawaii Fire Department injects deep-seated personal and
professional relationships directly into a critical hiring decision. Because Chair Kosaki
previously commanded high-stakes divisions—including hazardous materials and ocean safety
—he shares direct, multi-decade operational history with internal candidates who have
advanced through the ranks. This includes applicants he directly supervised, recommended, or
clashed with during his 29-year career in the department.
To ensure this process withstands public and judicial scrutiny, the Commission must carefully
evaluate the legal frameworks and precedents governing administrative fairness and conflicts
of interest in Hawaii.
The LEPC and the Risk of Remote Control
Compounding this issue is Chair Kosaki's concurrent role as the long-standing Chairperson of
the Hawaii County Local Emergency Planning Committee (LEPC). The LEPC functions in direct
partnership with the Hawaii Fire Department to oversee hazardous materials planning,
equipment vendor relations, and multi-agency training. By simultaneously serving as the Chair
of the Fire Commission—where he is leading the permitted interaction group to write the chief's
interview questions—and commanding the LEPC, Chair Kosaki wields a highly irregular
concentration of oversight power.
This dual positioning creates the distinct and problematic appearance of an effort to exert
"remote control" over the department's future leadership. A Fire Chief must answer to the public
and the full Commission, not operate under the shadow of a Commission Chair who holds
parallel leverage through an interconnected emergency management network. Mr. Kosaki's
HFFA service—as attested to by Hawaii Fire Fighters Association lobbyist Celeste Nip in her
recent June 25 statement—adds an additional layer of institutional connections that could
positively or negatively impact the objectivity of this process.
Applicable Legal Framework
Hawaii County Charter Code of Ethics (Section 14-3): The Hawaii County Charter Code of
Ethics explicitly dictates that county officers must make full written disclosure of any
interests, "financial or otherwise as might reasonably tend to create a conflict with the
public interest." Long-standing internal department alliances, chains of command, or
personal rivalries from his time in Special Operations represent an "otherwise" interest
that threatens public confidence in a fair process.
Hawaii County Code (Section 2-84): The Hawaii County Code of Ethics Section 2-84(a)
dictates that no officer shall take any official action directly affecting a business or
undertaking in which they have a substantial interest. While local rules focus heavily on
financial conflicts, Hawaii’s broader standards demand that public servants recuse
themselves from official actions when personal relationships with friends or adversaries
impair objective decision-making.
The Appearance of Impartiality Standard: Under Hawaii administrative law, public board
members are held to a standard where they must avoid even the appearance of
impropriety. If a reasonable member of the public would question a commissioner's
neutrality based on past command history and overlapping committee control, the
integrity of the vote is legally compromised.
Established Local Precedence
The Hawaii County Fire Commission itself has faced formal challenges before the Hawaii Labor
Relations Board (HLRB) over this exact issue. In Perreira v. Hawaii County Fire Commission
(Order No. 3818), direct allegations were levied that a Fire Commission's selection process
failed to provide a fair and transparent hiring outcome. Allowing a Chair with deep internal ties
to run the hiring panel and craft interview questions without formal ethics clearance invites
similar, costly prohibited practice complaints or civil rights challenges like the ongoing litigation
in Perreira v. County of Hawaii, et al.
Conversely, the Honolulu Ethics Commission Advisory Opinion 2016-1 establishes the standard
for vetting fire commissioners: an official's prior ties must be deemed "too remote" to create
bias. Because Chair Kosaki’s ties to the current department and active emergency management
frameworks are direct and recent, they cannot be dismissed as remote.
Recommendation
To shield the Commission from future liability, operational disruption, or an HLRB appeal, I urge
that the following steps be strictly applied to all commission members. These rules must apply
especially to former fire department employees and any commissioners with private business
dealings that are directly affected by past and future fire department relationships:
Ethics Board Consultation: The Commission should proactively seek a formal advisory
opinion from the Hawaii County Board of Ethics regarding dual roles and private business
ties held by sitting commissioners.
Full Disclosure: Every commissioner must formally disclose the exact nature of their past
working relationships, personal alliances, or commercial interests with all final applicants.
Recusal: If a deep-seated positive or negative bias exists with any candidate, or if
commercial relationships present a financial conflict, immediate recusal from the final
vote is legally necessary to safeguard the appointment.
Thank you for your dedication to maintaining the highest ethical and legal standards for our
county.
Sincerely,
Elijah McDanniel
P.O. Box 190664, Hawi, HI, 96719
808-557-1824
elijahmcdanniel@yahoo.com