LIHU‘E — Three volunteer members of various county boards were cleared Thursday of allegations they violated the County Charter. Board of Ethics Vice Chair Mark Hubbard and member Judy Lenthall, and Cost Control Commissioner Lorna Nishimitsu, were found innocent of
LIHU‘E — Three volunteer members of various county boards were cleared Thursday of allegations they violated the County Charter.
Board of Ethics Vice Chair Mark Hubbard and member Judy Lenthall, and Cost Control Commissioner Lorna Nishimitsu, were found innocent of violating the County Charter, by remaining members of the Board of Ethics, minus also Rolf Bieber, who filed the complaints against the three as a private individual and not as a member of the Board of Ethics.
The remaining members of the Board of Ethics unanimously found no violations of the County Charter, said Paul Weil, Board of Ethics secretary.
The decision is pending the board’s receipt of a written opinion by County Attorney Al Castillo, Weil said Friday.
Bieber last month filed formal complaints against the three, alleging ethical misconduct for appearing on behalf of private interests in apparent violation of the County Charter.
Bieber said Friday that he questions how the remaining Board of Ethics members came to their decision, and what kind of advice they received from Castillo, as “the law’s very clear to me.”
The law he is referring to is County Charter section 20.02(D), which states that “No officer or employee of the county shall … appear in behalf of private interests before any county board, commission or agency.”
Bieber said he witnessed Hubbard and Lenthall appear on behalf of private interests before the County Council last month, Hubbard as treasurer of Kaua‘i Planning & Action Alliance, and Lenthall as executive director of Kaua‘i Food Bank.
Bieber said Nishimitsu served as counsel for Kikiaola Land Co. at the council’s Planning Committee meeting on April 1. Nishimitsu could not be reached for comment Friday.
Several members of the Board of Ethics said changes need to be made in order to prevent these kinds of complaints.
“There has to be changes in order to avoid this kind of controversy in the future,” Weil said.
To exclude someone from a charitable association from appearing on that association’s behalf before another county board or commission just because they serve on another board or commission “is absurd. It just made no sense to exclude them” just because they serve on other nonprofit boards, Weil said.
“It’s a sad reflection on all of us,” and sad that a proposed charter amendment to clarify conflicts of interest did not pass when it was placed on the 2008 general election ballot, Weil said.
“I don’t know why it was filed,” Hubbard said of Bieber’s complaint. “I have all kinds of hats I wear.”
Nobody could be a member of a board or commission if the charter is read as narrowly as Bieber apparently is interpreting it, Hubbard said.
“I respect Rolf Bieber’s decision to file the complaints against his fellow commissioners. I’m sure that was not an easy thing to do,” Lenthall said.
“However, I believe there is a disconnect between the letter of the law in the charter and the original intent behind this language in the charter,” she said.
“I believe that because of my research into the minutes of” meetings when the original County Charter was being formulated, she added.
“The intent was never to include voluntary board members,” though the charter language is clear that “thou shall not appear. In my opinion this section of the charter needs to be addressed properly.
“I welcome an open discussion of this, with our board, with full community participation,” Lenthall said.
“I trust my fellow board members to deliberate in good faith,” said Bieber, adding that he is “curious about how they came to their decision.”
He recused himself from the executive session regarding his three complaints and the Board of Ethics decision made in open session.
Bieber said he wouldn’t have filed them if he didn’t feel “there was a legitimate complaint.”
To view the County Charter in its entirety, visit www.kauai.gov/portals/0/county_attorney/kauai_county_charter.pdf.
• Paul C. Curtis, staff writer, can be reached at 245-3681 (ext. 224) or by e-mail a pcurtis@kauaipubco.com.
