Makakilo resident files ethics complaint against Mayor Kirk Caldwell

A Makakilo resident filed a complaint with the city Ethics Commission alleging that Mayor Kirk Caldwell overstepped his authority by asking chairmen of the city’s 33 neighborhood boards to put discussion on a controversial constitutional amendment on their agendas, offering his opposition on the issue and then suggesting that they invite a political action committee to speak on it.

Michael Golojuch Jr. said the Honolulu City Charter prohibits elected or appointed officers from using their official positions “to secure or grant special consideration, treatment, advantage, privilege or exemption to themselves or any person beyond that which is available every other person.”

But Caldwell, in a statement, said, “It’s my job to ensure that all initiatives and events that may have financial impacts on the city are discussed so that informed decisions can be made.”

At issue is the proposed amendment to the Hawaii Constitution that’s before voters in November, giving the state Legislature authority to tax investment property to help fund public education.

Hawaii’s four counties, which rely on property taxes as their main source of revenues, oppose the ballot proposal and filed a lawsuit seeking to remove it from the ballot.

Golojuch said he would not have filed a complaint had Caldwell emailed the board chairmen asking them only to consider putting the issue on their agendas. But the mayor voiced his expression on the issue and asked specifically that the Affordable Hawaii PAC be allowed to speak to their boards, Golojuch said.

The Affordable Hawaii Coalition PAC, made up of various business interests, recently formed to oppose the constitutional amendment.

In his letter, Caldwell told the commission chairmen, “I am deeply concerned of the negative impact to the taxpayers of the City and County of Honolulu and I am opposed to this measure.” He added that it was “imperative” that discussion on the issue take place in the community.

He asked that the boards add it to their agendas between Sept. 15 and Oct. 15. “This will allow the Affordable Hawaii Coalition PAC and others to address each board regarding this extremely important matter,” the mayor wrote.

Golojuch, who is not a neighborhood board member, but has been an observer and participated in a number of meetings over the years, said it’s unprecedented for an elected official to try to exert influence on the advisory boards as Caldwell did in his letter.

Caldwell said his letter asks that “all viewpoints on the subject be presented so that voters know what their YES vote or their NO vote means, and what the consequences may be as a result.”

The neighborhood boards are the ideal place for the community to have discussions on the issue, he said.

Jan Yamane, Ethics Commission executive director, said it’s the panel’s policy not to confirm or deny receipt of complaints.

The commission typically does not have jurisdiction on issues involving specific neighborhood boards, which come under the purview of the Neighborhood Commission, Yamane said. But anyone is free to submit a complaint or raise a concern, she said.