LIHU‘E — Board of Ethics newcomer Rolf Bieber on Monday filed formal complaints against three county officials, including two of his fellow board members, alleging ethical misconduct for appearing on behalf of private interests in violation of the County Charter.
LIHU‘E — Board of Ethics newcomer Rolf Bieber on Monday filed formal complaints against three county officials, including two of his fellow board members, alleging ethical misconduct for appearing on behalf of private interests in violation of the County Charter.
Bieber, lobbing the complaint as a private individual and not from his seat on the Board of Ethics, said he witnessed violations of Charter Section 20.02(D) by colleagues Mark Hubbard, the body’s vice chair, and Judith Lenthall, as well as Cost Control Commissioner Lorna Nishimitsu.
Charter Section 20.02(D) says that “No officer or employee of the county shall … appear in behalf of private interests before any county board, commission or agency.”
In his filings, Bieber said Hubbard and Lenthall appeared on behalf of private interests at a County Council budget hearing on April 6.
“Personally witnessing respective violations and the forthcoming complaint filing against these individuals is a difficult, saddening experience, for all three are distinguished professionals,” Bieber wrote in a letter accompanying the complaints. “Hubbard and Lenthall, ironically, are my own respected colleagues on the Board of Ethics, both of whom have my personal admiration.
“After much toil, this decision comes heavily — but it is what I believe to be the lawful, ethical and pono thing to do.”
Hubbard, in addition to his post on the Board of Ethics, serves as the treasurer of the Kaua‘i Planning and Action Alliance, which saw its funding from the council increase by $14,500 between the mayor’s original budget submittal March 13 and the supplemental budget proposal released Friday.
“There is no doubt that I did appear before the County Council on behalf of the Kaua‘i Planning and Action Alliance,” Hubbard said in a phone interview Monday. “The way I read it (Section 20.02(D)) is very simple. When I was sitting there in front of the County Council, the hat I wore was Kaua‘i Planning and Action Alliance. I made no representation, I was not considered, not looked upon as vice chair of Ethics. It had nothing to do with Ethics even though I am on that board.
“I didn’t appear as the Ethics person, I appeared as the treasurer of Kaua‘i Planning and Action Alliance,” Hubbard said. “The Board of Ethics person wasn’t around. The treasurer of Kaua‘i Planning and Action Alliance was around. Yes, it happens to be the same person.”
Asked about the potential for the appearance of a conflict of interest if council members were to one day have to answer to the Board of Ethics, Hubbard said “there’s no such thing.”
“When people talk about the appearance of conflict of interest, to me, that has nothing to do with the Board of Ethics,” he said. “Is there a conflict of interest or isn’t there? There’s no such thing as appearance.
“There is no conflict because I went and asked the council for something. Their choice is to say yes or no. … I could feel good about that, or bad about that, and I could act. I have some authority, I have a vote on the Board of Ethics. … (but) I didn’t have a financial interest (in KPAA). That’s the charter and the county regs — it has to be financial.”
Hubbard went on to say that there are also rules against “quid pro quo” and doing people favors.
“I respect people who have difference of opinions and I totally respect Rolf for filing that. He feels that there’s an issue here with 20.02(D). So hey, that’s great, keep it on the front burner, we’ll keep discussing it. He knows my opinion, and now I know how he feels, and we’ll go from there.”
Asked if new County Attorney Al Castillo might provide guidance on the controversial charter section, Hubbard said, “We have not asked for an opinion on this, but now that there is a situation that Rolf has brought up, we may want a new opinion from the county attorney.”
Board of Ethics member Lenthall is also the executive director of the Kaua‘i Food Bank, which received an additional $20,000 between Carvalho’s original budget and the supplemental.
“This is an issue that has perplexed me for some time,” Lenthall said in a phone interview Monday.
She said she abstained from voting when Charter Review Commission member Jonathan Chun was called in front of her board after similar allegations because she was unsure.
“The letter of the law says one thing, and perhaps the intent of the law said something else,” she said. “There is a disconnect between what the intent was and what the letter of the law is.”
Lenthall said it was unfair to her as an unpaid volunteer that she be expected to give up rights guaranteed to private citizens, citing as an example her right to appeal a property tax assessment, and said the language as currently written could discourage volunteers from helping the county, something she does “out of the goodness of my heart.”
Bieber said Nishimitsu served as counsel for Kikiaola Land Co. at the council’s Planning Committee meeting on April 1. At that meeting, the committee passed Bill No. 2303, which amended zoning conditions related to Kikiaola’s request for a time extension to complete a planned resort-residential development of Waimea Plantation Cottages.
The three complaints were likely filed too late to be heard as part of the May Board of Ethics meeting. An agenda for the meeting, scheduled for 9 a.m. Thursday, does not include any of the complaints.
To view the County Charter in its entirety, visit www.kauai.gov/portals/0/county_attorney/kauai_county_charter.pdf
• Michael Levine, assistant news editor, can be reached at 245-3681 (ext. 252) or mlevine@kauaipubco.com
