Appeals court rejects Kawananakoa’s challenge to rail votes

The Hawaii Intermediate Court of Appeals this month reaffirmed the dismissal of a lawsuit that sought to invalidate votes cast by certain Honolulu City Council members in support of the city’s rail project.

The lawsuit was brought against the city in September 2015 by Campbell Estate heiress Abigail Kawananakoa, who alleged that the votes of a majority of Council members on several key rail measures between 2006 and 2012 were invalid because they had failed to disclose conflicts of interest or had received gifts from parties who potentially would benefit if the rail project proceeded.

Kawananakoa argued that if the rail votes were invalidated, funding for the project would have to be stopped until the votes could be retaken and approved.

The case was dismissed in February 2016 by state Circuit Judge Virginia Lea Crandall, who sided with the city argument that standards of conduct were matters for the city Ethics Commission to decide, not the state court.

The commission had earlier settled charges against former Council members Romy Cachola and Nestor Garcia, and dismissed the cases against current Council members Ikaika Anderson and Ann Kobayashi, and former Council members Todd Apo and Donovan Dela Cruz.

The charges alleged they failed to disclose receiving free rounds of golf and meals from lobbyists and others who benefited from votes Council members had taken up and approved.

A 2003 Ethics Commission advisory opinion from former commission Executive Director Chuck Totto said Council members may vote on a bill so long as they first disclose conflicts of interest from accepting gifts.

Corporation Counsel Donna Leong on Friday said the court’s decision “allows the rail project to proceed.” The Appeals Court not only recognized the Ethics Commission’s authority to determine violations of the ethics code, but stated it is up to the Council to determine the penalties for such violations, Leong said in a statement.

Kawananakoa has 30 days to appeal to the Hawaii Supreme Court.

Jim Bickerton, Kawananakoa’s attorney in the case, said he could not comment because he had not spoken to his client about the Intermediate Court’s decision.

Kawananakoa is in the throes of an unrelated legal case over who should be allowed to manager her $200 million trust after she suffered a stroke in June.