Ethics Board to hear Kenoi complaint

HILO — Mayor Billy Kenoi will face an ethics complaint, in addition to criminal charges, for charging personal expenses to a county credit card.

After initially deferring a petition from Kapaau resident Lanric Hyland, the Hawaii County Board of Ethics has agreed to hear his complaint against the mayor at its May 10 meeting, according to a letter he received from the board. The letter was copied to Kenoi’s attorneys.

Hyland alleges Kenoi violated the county’s ethics code by using his purchasing card, known as a pCard, for noncounty expenses that included trips to two Honolulu hostess bars.

The board initially deferred the petition last May while the state Attorney General’s Office investigated Kenoi’s spending habits.

Following the completion of the investigation, a grand jury chose to charge Kenoi on Wednesday with multiple counts of theft and tampering with a government record, in addition to one count of making a false statement under oath. After being booked, Kenoi will be released on his own recognizance.

He doesn’t plan to resign, according to one of his attorneys.

Between January 2009 and March 2015, Kenoi spent about $130,000 with the card, which includes county and noncounty expenses.

During the time period, he reimbursed taxpayers for about $22,000 in personal charges and later kicked in about $9,500 more after it was reported a year ago that he used the card to cover an $892 tab at Club Evergreen in Honolulu.

Among other personal charges were for a surfboard, bicycle, campaign expenses and bar association fees.

According to the county ethics code, penalties can include suspension or removal from office, in addition to unspecified remedies.

Hyland said he’s glad to see the complaint resurrected but wasn’t confident the board would rule against Kenoi, especially as he nears the end of his term in December.

“I think they will just shush the whole thing again,” he said.

Kenoi likely won’t feel much heat from the County Council following the charges.

Several council members said Thursday they don’t think the council should consider reprimanding the county’s chief executive or asking him to resign while the matter goes through court.

“I’ve always stood on a firm foundation of due process,” said Hamakua Councilwoman Valerie Poindexter. “I don’t believe that I am judge and jury when it comes to the judicial process.”

Poindexter said she also couldn’t comment on whether she considers the charges to be serious.

“Like I said, until I see all the facts, I can’t give an opinion,” she said.

In phone interviews or through emailed statements, council members Dennis Onishi, Daniel Paleka, Karen Eoff, Maile David and Dru Kanuha also said the council should let the judicial process play out.

Council members Aaron Chung and Greggor Ilagan couldn’t be immediately reached for comment.

“He needs to go through the process,” Onishi said. “He could be found not guilty.”

Several also commented that they consider Kenoi to be a good mayor or offered words of support for his administration.

“Mayor Kenoi has done much good for Hawaii Island and I’ve enjoyed a positive working relationship with him and his administration over the years,” Kanuha said in an email.

Eoff said she was torn between offering compassion and her duties as a council member.

“This is a challenging time for our county,” she added in an email. “Both the administration and the council need to stay focused on our responsibilities to our community while the legal process takes its course in the hands of those charged with the task.”

While Kenoi’s innocence or guilt is up to the courts to determine, Kohala Councilwoman Margaret Wille said the council can still weigh in over alleged violations of the ethics code.

She said she will consider bringing the matter forward at a meeting next month for discussion purposes.

“If you ignore something that’s wrong, in my view you become part of the problem,” Wille said.