(PNN) MAYOR WITHDRAWS LIQUOR COMMISSION NOMINATION AFTER WATCHDOG CHALLENGE

MAYOR WITHDRAWS LIQUOR COMMISSION NOMINATION AFTER WATCHDOG CHALLENGE

(PNN) -- Mayor Bernard Carvalho’s nomination of Heidy Yamamoto to the Liquor Commission has been withdrawn after the county attorney’s office told the administration that “it would be prudent to withdraw this nomination to avoid any potential conflicts given the fact that part of Costco's merchandising includes alcoholic beverages.” according to a letter to councilmembers from Board and Commission administrator John Isobe.

As PNN reported last month Ms. Yamamoto’s job at Costco would make her ineligible to serve due to the plain language of the county charter which prohibits anyone “who is or becomes engaged, or is directly or indirectly interested in any business for the manufacture or sale of liquor”.

Council watchdog Rob Abrew who discovered the conflict of interest obtained the letter only after the council voted to receive the resolution that would have confirmed Yamamoto.

At first the administration tried to go forward with the nomination claiming that since Yamamoto didn’t deal directly with liquor in her job duties she was exempt from following the law.

Abrew persisted in trying to get answers from the council as to what happened in the interim during his public testimony and finally was told of the letter. Then, during a recess Abrew said was chided by an angry Councilperson Jay Furfaro for exposing the matter to on-camera public scrutiny.

Abrew discovered the conflict of interest after a successful battle earlier this year to obtain the applications of prospective board and commission members when their names are put before the council, a practice that the Office of Information Practices (OIP) required in a previous opinion.

Abrew still has an outstanding case with the OIP after filing a complaint earlier this year due to what he says was stonewalling and intentional delays by the council in following the sunshine law.

For PNN’s prior coverage of Abrew’s attempts to bring sunshine to the board and commission nomination process see:

Friday, January 8, 2010 (PNN) COUNCIL IGNORES, FLOUTS OIP IN CONFIRMING BOARD, COMMISSION MEMBERS

Monday, January 11, 2010 (PNN) ABREW FILES WRITTEN RECORDS, CLARIFICATION REQUESTS WITH COUNTY CLERK AT OIP’S URGING

Monday, January 25, 2010 (PNN) COUNCIL CONFIRMS B&C NOMINEES WITHOUT RELEASING APPLICATIONS, REFUSES KAWAHARA DEFERRAL REQUEST

Friday, February 19, 2010 (PNN) ABREW SUCCEEDS IN OBTAINING PROSPECTIVE B&C MEMBERS’ APPLICATIONS

Monday, March 22, 2010
(PNN) CARVALHO, ISOBE VIOLATE CHARTER IN LIQUOR CONTROL COMMISSION APPOINTMENT, APPLICATION REVEALS

The following is the full text of the letter from the county attorney

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(To) Honorable Kaipo Asing, Council Chairperson; Honorable Jay Furfaro, Council Vice Chairperson
(From) Mr. John Isobe, Executive Assistant to the Mayor

April 12, 2010

Withdrawal of Appointment to Liquor Commission

This responds to your request for clarification regarding a possible conflict of interest on the appointment of Ms. Heidy Yamamoto to the Liquor Commission based on her employment at Costco, who is a retailer of liquor.

This matter was referred to the County Attorney's Office for review and opinion along with Ms. Yamamoto's job responsibilities none of which include a reference to the manufacture or sale of liquor. Although the County Attorney's Office did not provide a definitive answer, they have advised that it would be prudent to withdraw this nomination to avoid any potential conflicts given the fact that part of Costco's merchandising includes alcoholic beverages.

For this reason, we are hereby withdrawing the appointment of Ms. Heidy Yamamoto to the Liquor Commission.

Please be informed that we have advised Ms. Yamamoto about this possible conflict and she is in agreement with this course of action.

Please contact me if you have any questions regarding this matter.