Campbell Estate heiress Abigail Kawananakoa is demanding that the city either stop funding the $6 billion rail project or have the City Council vote again on measures that have been called into question by the Ethics Commission.
The issue stems from former Council members Romy Cachola and Nestor Garcia paying fines to settle cases brought by the commission for voting on bills and resolutions involving rail without first divulging possible conflicts of interest. They each had accepted gifts from individuals and organizations who benefit from the project.
Neither Cachola nor Garcia admitted guilt, but Cachola — now a state representative — said if he had done wrong, so too did Garcia and four other current and former Council members who accepted similar gifts from the same parties without declaring their potential conflicts.
Investigations of those four — current Council members Ikaika Anderson and Ann Kobayashi, and former Council members Todd Apo and Donovan Dela Cruz — are still ongoing, Ethics Commission Executive Director Chuck Totto said Wednesday.
Attorney James Bickerton, Kawananakoa’s attorney, said in a letter to city officials this week that 11 of 12 rail-related bills and resolutions identified by Cachola should be invalidated because a majority of those who voted to support them should have had their votes nullified as well.
Kawananakoa — who is acting as a private citizen — is demanding that the city “cease enforcing or spending money on the invalidated measures” until new votes are held by “nonconflicted Council members who are otherwise not disqualified from voting,” Bickerton said.
If the city does not respond by Tuesday, “we will proceed accordingly,” the letter said.
Asked to clarify, Bridget Morgan, Bickerton’s co-counsel, said Wednesday: “Miss Kawananakoa will file a lawsuit if she needs to. The issue is not about rail, it’s about good government.”
Kawananakoa, in a statement, said: “It was evident the law had been violated. I felt compelled to investigate.”
City Corporation Counsel Donna Leong, the city’s top civil attorney, told the Honolulu Star-Advertiser last month that there was no need for new votes because the commission made no formal findings of misconduct or ethical violations.
“The Department of the Corporation Counsel received the letter with attachments just (Wednesday) morning. The city takes the allegations and the request made in the letter very seriously, and we intend to carefully consider the letter,” Leong said.
Council Chairman Ernie Martin said he couldn’t comment on the letter because of potential litigation. “However, as I have said before, the Council intends to discuss this matter in executive session at a future Council meeting,” Martin said.