DESIGNS ON THE DOGHOUSE

DESIGNS ON THE DOGHOUSE: The disclosure statements obtained by reporter Michael Levine and posted at the web site of the local newspaper which we discussed yesterday seem to have one thing in common – with a few exceptions each seems to raises questions of potential and real conflict-of-interest to one extent or another.

Though many are familiar by now with the notorious section 20.02(d) of the county charter which states that “(n)o officer or employee of the county shall (a)ppear in behalf of private interests before any county board, commission or agency” fewer are aware of much less controversial section 20.02(c) which states that “(n)o officer or employee of the county shall (a)cquire financial interest in business enterprises which he may be directly involved in official action to be taken by him”.

Which is why today we are looking at the disclosure form for Kaua`i County Director of Planning Ian Costa.

According to Costa’s notarized submission dated July 28, 2009 Costa is the “Owner...Sole Proprietor (and) 100% owner” of “Costa Architectural Design” located at 1104 Kealoha St. in Kapa`a.

This appears to be a direct and irrefutable violation of the county code of ethics, especially since Costa, an architect by education and trade, lists an income of $40,000 from the business.

The question is whether Costa “may be directly involved in official action to be taken by him”, noting that he doesn’t have to have actually been involved, only that it is conceivable that he “may be involved”.

And the “action” need not be taken by him, only that he be “involved” in the action.

Presumably if Costa is doing “architectural design” on Kaua`i, his designs are likely to come up before his planning department or, most likely, the planning commission although the disclousre form does not list clients.

Under charter “section 14.05- Powers, Duties and Functions of the Director
The planning director shall:
A. Prepare a general plan and development plans for the improvement and development of the county.
B. Be charged with the administration of the zoning and subdivision ordinance and the regulations adopted thereunder.
C. Prepare zoning and subdivision ordinances, zoning maps and regulations and any amendments or modifications thereto for the council.
D. Consolidate the lists of proposed capital improvements contemplated by the several departments in the order of their priority for the county.
E. Advise the mayor, council and planning commission on matters concerning the planning programs of the county.”

Any one of those functions could have his in a position of being “directly involved in official action” especially B and D.

The planning director serves as the clerk of the planning commission and attends all meeting usually sitting to the left of the chair and advises the chair and commission including whispered asides to the chair on many occasions.

The “administration of the zoning and subdivision ordinance and the regulations adopted thereunder” also involved wide discretionary powers on the part of the director who oversees all planning employees.

Any citizen who thinks that Costa may be guilty of violating the county’s Code of Ethics can file charges with the Board of Ethics (BOE) by contacting Administrator of the Office of Boards and Commissions, John Isobe or the BOE’s Secretary, Barbara Davis by calling 241-4919 (fax 241-5721) or writing them at 4444 Rice St. suite 150 Lihu`e HI. 96766.