A Hilo lawyer filed a lawsuit Tuesday seeking to stop the confirmation vote for Planning Director Zendo Kern, saying council members violated the state Sunshine Law during last month’s preliminary confirmation before the council Planning Committee.
Charles Heaukulani alleges in the lawsuit that three council members — Kona Councilwoman Rebecca Villegas, North Kona Councilman Holeka Inaba and South Kona/Ka‘u Councilwoman Maile David — while participating from the West Hawaii Civic Center, turned off their microphones and had conversations among themselves during the confirmation hearing. In addition, he said, those three council members might have exchanged text messages with Puna Councilman Matt Kaneali‘i-Kleinfelder, who was in the Hilo council chambers.
The four council members, joined by Hamakua Councilwoman Heather Kimball, subsequently voted to send Kern’s confirmation to the council with a negative recommendation. The final council vote is scheduled for today.
“Council members in the Kona chambers violated the Sunshine Law while openly discussing Mr. Kern’s nomination when they were not on the record and the Planning Committee hearing was proceeding,” Heaukulani said in the lawsuit. “If these council members were also exchanging text messages and including members in the Hilo chambers who were also opposed to Mr. Kern, this would further violate the law and potentially support allegations that these members deliberately or willfully violated the law.”
The state Sunshine Law prohibits council members from meeting privately before, during or after a meeting to discuss business that is before the board or that is reasonably likely to come before the board in the foreseeable future, according to guidelines published by the state Office of Information Practices, which oversees the law.
In addition, Heaukulani said, Kaneali‘i-Kleinfelder responded with a “reply all” to an email sent to all council members from a constituent opposing Kern’s confirmation, detailing reasons he planned to vote against it. He later sent an email saying he meant to reply only to the testifier.
“Given the fact that a citizen plaintiff is expressly allowed to seek relief in circuit court to prevent violations of the Sunshine Law, Haw. Rev. Stat. § 92-12(c), it is respectfully requested that this Honorable Court issue injunctive relief to prevent the final vote on Mr. Kern’s nomination, which would be the consummation of multiple Sunshine Law violations,” Heaukulani said in the lawsuit.
Assistant Corporation Counsel Laureen Martin, whose office is charged with defending county officials, said county attorneys were still reviewing the lawsuit and had no immediate comment.
Email Nancy Cook Lauer at ncook-lauer@westhawaiitoday.com.