Another chapter closed this week on former South Kona/Ka‘u Councilwoman Brenda Ford’s challenge of Environmental Management Director Bobby Jean Leithead Todd’s qualifications to hold that office.
Another chapter closed this week on former South Kona/Ka‘u Councilwoman Brenda Ford’s challenge of Environmental Management Director Bobby Jean Leithead Todd’s qualifications to hold that office.
Third Circuit Court Judge Ronald Ibarra has denied Ford’s motion to reconsider his earlier ruling that there wasn’t enough proof to show that Mayor Billy Kenoi or the County Council abused their discretion in approving Leithead Todd for the position, even though the county charter specifies the director must hold “an engineering degree or a degree in a related field.” Leithead Todd, an attorney, has a bachelor’s degree in English.
“Petitioner did not present new evidence and/or arguments that could not have been presented during the earlier adjudicated motion,” Ibarra wrote in an order Monday. “The court considered all of the evidence presented and there is no new evidence to determine voters’ intent that is contrary to this court’s ruling.”
It’s not known if this is the end of the story.
Kona attorney Michael Matsukawa, who represents Ford, said Thursday his client hasn’t yet decided if she’ll appeal. She has 30 days to make that decision.
Matsukawa acknowledged it’s rare for a judge to reconsider an order.
“If you don’t make the effort, you can’t complain,” Matsukawa said. “You’ve got to ask.”
Kona attorney Robert Kim, representing Leithead Todd, wants to close the book on the case.
“These lawsuits have cost the taxpayers a lot of money,” Kim said. “But it’s her right to appeal.”
Leithead Todd is currently defending herself for her position on her own dime. But it’s likely she will go after attorney’s fees from the county if she prevails in the case.
Appeals can drag on for years, making it increasingly likely the lawsuit could become moot. Kenoi’s tenure, and the tenure of his department heads, ends in December 2016.
Ford filed the lawsuit in 2013, saying Leithead Todd doesn’t meet the minimum qualifications for the job, as set by charter. The council confirmed Leithead Todd based upon the legal opinion of then corporation counsel, Lincoln Ashida, who told council members that they have the discretion to determine what “related field” meant.
Ibarra had noted in his 15-page ruling that both sides had agreed the charter language is ambiguous. Ibarra quoted extensively from the transcripts of the 2009-10 Charter Commission in forming his ruling. The commission had debated what kind of degree would be related to engineering, and then decided not to make it more specific but to leave it to the County Council’s interpretation.
Leithead Todd held the director job under a previous mayor before the charter language was changed. She left that post to head the Planning Department under Kenoi, from 2009 until December 2013, when she returned to Environmental Management.
The County Council, by a 6-3 vote, confirmed the appointment that year. Ford, North Kona Councilwoman Karen Eoff — who had served as staff for the Charter Commission that added the ballot language — and Kohala Councilwoman Margaret Wille voted no.