New ethics complaint filed in pCard case

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Faced with a county Board of Ethics delay of his complaint against Mayor Billy Kenoi, Kapaau resident Lanric Hyland filed a separate complaint against Finance Director Deanna Sako.

Faced with a county Board of Ethics delay of his complaint against Mayor Billy Kenoi, Kapaau resident Lanric Hyland filed a separate complaint against Finance Director Deanna Sako.

The Board of Ethics, which last week voted 3-0 not to consider the complaint against Kenoi until the state attorney general wraps up his case against the mayor, is likely to consider the new complaint at its July 8 meeting. Hyland is amending his complaint against Kenoi to remove Sako.

Hyland maintains Sako violated the county ethics code when she did not prevent Kenoi from misusing his county-issued credit card, known as a pCard. He wants her fired under the section of the ethics code that states, “No officer or employee shall use or attempt to use the officer’s or employee’s official position to secure or grant unwarranted privileges for oneself or others.” Hyland says allowing Kenoi to continue to use his pCard after abusing it is an unwarranted privilege.

Sako, formerly the deputy finance director, was promoted to director and confirmed by the County Council in early January.

“Former Finance Director Nancy Crawford and Sako were both Purchasing Card Administrators with a duty to rein Kenoi in,” Hyland says in his complaint. “They both failed miserably in doing their duty.”

Kenoi admitted to the media he used his pCard for personal purchases ranging from big bar tabs to surfboards, although he maintains he paid the charges within months of incurring them. He also made some other large payments after his purchases were exposed in the media.

In all, he’s paid back $31,112.59 of the $129,580.73 he charged during his tenure. His account was closed last month.

The mayor publicly apologized twice and is continuing his mayoral duties while the investigation moves forward. He’s hired three Honolulu attorneys and said he’s cooperating with the attorney general.

The Honolulu Star-Advertiser reported last week that Attorney General Doug Chin called the Board of Ethics delay unusual and unnecessary. A spokesman for the office declined comment when contacted Friday.

Hilo attorney Brian DeLima, who is representing Sako, said he hasn’t yet seen the complaint, but if it is similar to previous charges against his client, he thinks it’s unfounded.

“We will respond to any allegations, but I don’t think it has any merit,” he said.

Sako previously said Crawford warned Kenoi about the personal charges in 2013 and that she thought they stopped. Hyland has not filed a complaint against Crawford because she no longer is a public official and therefore is out of reach of the Ethics Board.

Hyland also claims Sako violated state law and the part of the county code mandating all persons be treated fairly and impartially, with courtesy, when she failed to provide copies of pCard statements to West Hawaii Today during a period of years despite repeated requests under Hawaii’s Uniform Information Practices Act.

“The simple truth of the matter is that there is no openness in government unless media requests are accommodated,” Hyland said. “Ms. Sako did not do so, and should be held accountable for her failure to obey the law.”

Email Nancy Cook-Lauer ncook-lauer@westhawaiitoday.com.