Ethics Board to take up Kenoi complaint in November

KAILUA-KONA — The Hawaii Board of Ethics will hear a complaint in November that Mayor Billy Kenoi’s use of a county-issued credit card violated the Code of Ethics.

The board has deferred the complaint against the mayor for various reasons since its filing in 2015. It’s now on the agenda for a meeting on Nov. 9 — a month after the mayor’s criminal trial on the matter starts and a month before the term-limited Kenoi leaves office.

The man who filed the complaint, Kapaau resident Lanric Hyland, is criticizing the board for delaying the measure and is calling on the board’s members to resign.

In addition to the ethics complaint, Kenoi is also facing allegations of fiscal misconduct in court. The mayor faces second-degree theft charges, as well as three counts each of third-degree theft and tampering with a government record and one count of making a false statement under oath.

The trial is scheduled to begin Oct. 10.

The mayor charged $130,000 to the card before it was revoked in 2015 after reports that he used the card to cover two hostess bar tabs in Honolulu at almost $1,300. The mayor reimbursed the county for $31,112.59, according to a July report.

Hyland filed the complaint against Kenoi in April 2015 but the board deferred the matter that May for a year pending the disposition of the state’s investigation into the allegations.

The board considered bringing up the matter at a meeting this past May, but ended up passing on it. The board deferred once again on the matter this past July. Previously, the board had to cancel several meetings because not enough members would show up to legally conduct business.

At the July meeting, Richard Sing, one of Kenoi’s attorneys, asked the board to hold off on moving forward with the complaint until after the trial finishes. Kenoi leaves office in December. Mayor-elect Harry Kim will assume the office on the first Monday of that month in accordance with the County of Hawaii charter.

Hyland said that by postponing a hearing on the complaint this close to the end of the mayor’s term, any decision is effectively meaningless.

He said he’s concerned that once Kenoi leaves office, the board will lose any jurisdiction to hear the case.

The Nov. 9 hearing will take place at the Hawaii County Building council chambers in Hilo. The board is also working to find a teleconference location in Kohala, according to the board’s announcement of the hearing.

Informal hearings allow the board to hear testimony from those involved as well as hear from any witnesses or review any evidence in the case. Once the investigation is finished, the board will issue its advisory opinion.

Gary Murai, Maui County Deputy Corporation Counsel, is assisting the board with the complaint on behalf of Hawaii County Corporation Counsel to avoid any potential conflicts.

He said, speaking generally, if the board issues any guidance or advice after the informal hearing, that’s the end of the issue unless an employee continues to violate the rules. If a violation persists, the board can refer the matter to the County Council.

Hyland said the best the board can do now is call Kenoi and any other witnesses to testify in order to make a decision before the mayor leaves office.

That’s assuming the board commits to hearing the matter at November’s meeting and doesn’t push it back again.

“The clock has run out,” Hyland said.

Given the board’s handling of the matter, Hyland said its members should give up their positions.

A secretary for the Ethics Board referred questions to Murai, and follow-up calls to Murai about Hyland’s opinion members should step away weren’t returned Wednesday.

Hyland said the issue is a representative example of why people lose faith in the local government and why voter turnout is dropping. Just 37.3 percent of the Big Island’s registered voters voted in August’s primary election.

“They understand it doesn’t make a nickel’s worth of difference,” he said.

Kenoi’s attorney declined to comment for this story.