The Hawaii County Board of Ethics has now agreed to consider a Kapaau resident’s April 6 complaint against Mayor Billy Kenoi, who was indicted Thursday on eight criminal charges, including felony theft linked to the personal use of his county-issued purchasing card.
Lanric Hyland, who sent the board two letters alleging Kenoi violated the county ethics code by using the pCard on personal expenses, and urged the board to take action, received a March 15 letter saying his complaint could move forward. But he’s skeptical any action will be taken.
“They’re going to stall it until he’s no longer in office,” the retired California jails administrator said. “Once he’s out of office, they can dismiss the complaint.”
Kenoi was indicted Wednesday on two counts of felony theft, two counts of misdemeanor theft, three counts of tampering with a government record — for allegedly making false entries in purchasing card transaction summaries — and one count of making a false statement under oath.
Kenoi spent more than $129,000 on his purchasing card since he took office. He has reimbursed the county at least $31,000 for personal charges, including an $892 tab at Club Evergreen, a $1,200 surfboard and thousands in lavish spending for travel, hotels, dining and drinks.
The board will take up Hyland’s complaint May 10. It had deferred the matter in May, then again in July, pending the Department of the Attorney General’s investigation into Kenoi’s county pCard use. Finance Director Deanna Sako was named in Hyland’s petition, but the board dismissed the case against her.
Hyland said the three-member board used the attorney general’s investigation as an excuse to defer his complaint, and now they’ll likely wait for a conviction or an acquittal. (Two members were recently added to the board.)
“He’s gone on public television, and he’s admitted to behavior that violates the ethics code,” he said of Kenoi, adding the board could “deal with him on the basis of what he’s said.”
Ethics Board Vice Chairman Ken Goodenow said, “The bottom line is the investigation is over, so now we’re at the point: Are we satisfied to let the courts handle this, or do we have a separate ethics hearing now to address potential ethic code violations?”
Goodenow said the Hawaii County charter allows for Kenoi’s removal by impeachment or recall for failure to comply with its provisions on ethics.
That would require the board to have a formal investigation or hearing. The findings would be sent to the County Council, which could draft a petition requiring signatures of 2 percent of registered voters and a civil trial.
A recall would require a petition signed by 25 percent of ballots cast for that office, he said.
“We lose jurisdiction Dec. 5,” Kenoi’s last day in office, he said. “How could Billy take the stand if he’s standing trial in the criminal case?”
Hyland said he believes the likely inaction is because “this is a somewhat tight community here. It’s Hawaiian custom not to talk stink. If somebody gets in trouble, you wrap your arms around him. It doesn’t matter he’s a thief. He’s our thief.”
“If it hadn’t been exposed publicly, what makes somebody think he would have repaid it?” he asked. “And if he hadn’t, that would have made him a flat-out thief.”
