LIHU‘E — For the second time in as many months, the county Charter Review Commission is losing one of its members amid concerns over conflicts of interest and the Ethics Board’s ongoing debate over Charter Section 20.02D. Private attorney Jonathan
LIHU‘E — For the second time in as many months, the county Charter Review Commission is losing one of its members amid concerns over conflicts of interest and the Ethics Board’s ongoing debate over Charter Section 20.02D.
Private attorney Jonathan Chun resigned from his volunteer post earlier this month. Commission Chair Sherman Shiraishi and the remaining members accepted Chun’s resignation “with regret” during the commission’s regular monthly meeting on Monday at the Historic County Building.
“I regretfully submit my resignation as a member of the Charter Review Commission based upon the ‘Advisory Opinion’ recently issued by the Board of Ethics (undated) relative to Ms. Mattie Yoshioka’s service on the Charter Commission,” Chun wrote in a Sept. 11 letter to Shiraishi and other members.
“I regretfully take this action since it is unclear whether the Board of Ethics will continue to follow its earlier decision regarding my request for an opinion and I cannot, in good faith, continue to serve unless I know for sure that my service is in compliance with the law.”
In early 2008, Chun requested an advisory opinion from the Ethics Board regarding the legality of his appearances on behalf of his clients before the Kaua‘i County Council and Planning Commission. He wanted clarification on Charter Section 20.02D, which states that “no officer or employee of the county shall appear in behalf of private interests before any county board, commission or agency.”
In February 2008 the board at the time cleared the path for Chun to continue “wearing multiple hats,” but last month the current board reversed its course on the issue.
Yoshioka, the Kaua‘i Economic Development Board president and CEO, proffered a resignation letter to the Charter Review Commission on Aug. 14 — one day after being advised by the Ethics Board to no longer appear before the Kaua‘i County Council.
A formal request made Monday for the written advisory opinion provided to Yoshioka is pending with the Office of Boards and Commissions.
After Kapa‘a resident and government watchdog Glenn Mickens testified, complimenting Chun for finally resigning and saying that the departures of Yoshioka and Chun reinforce that 20.02D stands by itself and does not need to be read in conjunction with the Kaua‘i County Code, Shiraishi said the public should not draw conclusions about the law from their actions.
Princeville resident Walter Lewis, an outspoken opponent of the Ethics Board’s original clearing of Chun and the legal opinion behind that decision, said 20.02D is “straightforward and direct.”
“It is true that this would have the effect of limiting the ability of people to serve on any commission if they also desire to provide testimony to other agencies,” he said in a phone interview Monday. “For that reason, they should avoid being involved in commissions and boards if that’s their intention.”
Lewis said he expects that Lorna Nishimitsu — an attorney at Chun’s law firm who was cleared by the Ethics Board earlier this year after a complaint was lodged against her for alleged violations of 20.02D — will soon resign from her position with the Cost Control Commission.
She could not be reached for comment at press time.
Lewis said many of those impacted will be attorneys, but some lawyers who do volunteer for the county — specifically Shiraishi and Ethics Board member Paul Weil — abide by the Charter and do not appear before other bodies.
And then there were 4
The departures of Yoshioka and Chun — along with Carol Ann Davis-Briant, whose resignation during Monday’s meeting is detailed in the accompanying story “County manager proponent quits” — leaves the one-time seven-member Charter Review Commission with only four active members.
Shiraishi said in a phone interview Monday that Chun had a lot of experience and losing him will “make our job harder,” but said the commission still has a quorum and he expects work to continue.
“Jonathan was a good man. Did his homework,” Shiraishi said.
Chun — who works for the Lihu‘e law firm Belles, Graham, Proudfoot, Wilson and Chun — could not be reached for comment by press time.
John Isobe, Office of Boards and Commissions administrator, said in a Monday interview that the administration is working to fill all the vacancies.
“We are definitely going to be moving to fill the Charter Review Commission positions,” he said, noting that people can apply with his office and that his team will occasionally solicit potential members, always seeking balance, diversity and a cross-section of the island.
The commission’s remaining four members conducted their business Monday, discussing five proposed charter amendments and moving the ball forward on three of them.
For full coverage of those proposals, see an upcoming edition of The Garden Island.
•Michael Levine, assistant news editor, can be reached at 245-3681 (ext. 252) or mlevine@kauaipubco.com.
