Members of the Kaua‘i County Council, boards and commissioners once had it easy — declaring a conflict of interest in matters before the governing body was enough to allow them to vote. No more. By a tally of 14,602 to
Members of the Kaua‘i County Council, boards and commissioners once had it easy — declaring a conflict of interest in matters before the governing body was enough to allow them to vote.
No more.
By a tally of 14,602 to 3,932 votes cast in the Nov. 7 general election, Kaua‘i voters overwhelmingly approved a charter amendment requiring the three entities to declare conflicts of interest and not vote on particular issues unless their votes are needed for a quorum.
The change isn’t likely to slow down the wheels of government because it’s not likely all seven members of the council — the county’s highest legislative branch — would have a shared conflict of interest on a matter over which they would be deliberating, said Louis Abrams, the former chairman of the county Charter Commission.
“I am thinking that would be very rare,” Abrams said.
Over the past two years, the council approved a 2 percent cap on yearly tax bills to give much-needed relief to thousands of residents who own their homes and live in them.
If the charter change had been in effect at the time of action, all the council members who owned homes and would benefit from the tax cap technically could not act on the measure unless a quorum was needed.
“I would like to see how the county would handle that,” Abrams said.
He said counterparts from other counties have found themselves in similar situations, but have worked through the difficulties.
The charter change will bring about something that is more sorely needed today — more checks and balances in government, said Ray Chuan, a Hanalei resident and government watchdog.
“It is logical,” he said. “Once you declare an interest, you don’t vote.”
The change would mean the council, board and commission would operate in the same way as counterparts in the business world do, Abrams said.
“If you have a conflict, you are not allowed to vote,” he said. “That is common practice for boards and commissions. When they have a conflict, they recuse themselves from even hearing it.”
Abrams said his commission felt the charter proposal has merit, and is “very pleased the voters spoke out so clearly (in favor of the change).”
Chuan said he welcomes the charter change because, as it seemed to him, not all county leaders understood the full powers granted to them under the old charter provision.
“A planning commissioner didn’t vote because I called attention to the fact that (he or she) had a conflict,” Chuan said. “The commissioner not only declared a conflict, but also left the table and did not vote.”
The preceding charter provision existed when county leaders lived in a smaller community and worked for big businesses who had zoning or land-permitting issues before county legislators, Abrams said.
“Back when you had major landowners — in particular, Grove Farm, Alexander & Baldwin — it was difficult for council members not to be in conflict because the council members either worked for them or had business dealings with them,” Abrams said.
Abrams said business has been conducted like that for at least 20 years, but no more with the charter change.
“A lot of people say that if there is a financial interest, you should recuse yourself,” Abrams said. “Now they can be assured council members (with conflicts) have to recuse themselves.”
Council members were invited to give comment before and after the Nov. 7 general election, but none did, Abrams said.
• Lester Chang, staff writer, can be reached at 245-3681 (ext. 225) or lchang@kauaipubco.com.
