WHY THIS PETITION MATTERS
In 2024, Maui voters approved a Charter amendment to, once and for all, free the Board of Ethics from the improper influence of the Department of the Corporation Counsel.

The goal was simple:

• Independent investigations
• Independent legal advice
• Independent enforcement of ethical standards
• But the system voters approved has not been implemented.

Instead, evidence now shows:

• Misinterpretation of the County Charter to Protect Corporation Counsel's continued improper influence
• Conflicted attorneys entering executive sessions
• Failure to investigate serious ethics complaints
• Conflicts surrounding the County Auditor and his legal representation
• Sunshine Law violations serious enough to have already triggered a State OIP investigation
• Dismissals of ethics complaints that contradict the Charter and the Board’s own rules
• New board rules with an unconstitutional gag order that blocks public participation

Public trust depends on ethical, transparent government.

Right now, Maui County's Board of Ethics and Corporation Counsel are intentionally falling short.

We demand change.

 
Last year, Maui voters approved a Charter amendment to make our Board of Ethics truly independent of Corporation Counsel.

We wanted investigations free from political interference and real accountability for ethical violations.
Instead, the new Ethics Board Director, Lauren Akitake, Board Chair Steven Sturdevant, and Vice-Chair Michael Lilly are intentionally circumventing the public's vote.

Conflicted County attorneys are still sitting in on closed-door meetings they shouldn't be part of.
New Ethics Board rules included an unconstitutional gag order that blocks public participation.
Ethics complaints are being dismissed without proper process and investigation, to the point that the State Office of Information Practices has now opened an investigation into potential Sunshine Law violations.

COUNTY AUDITOR'S NEGLIGENCE DEFENDED:
Claims have been filed challenging the County Auditor's private professional licensing due to his failure to complete required peer reviews every three years since 2018. Again, without the required conflict check from the Ethics Board, the County Council approved $150,000 in taxpayer funds to hire outside counsel, KS&G, to defend the Auditor’s personal violations and professional license.

NEW ETHICS DIRECTOR'S NEGLIGENCE:
Our Charter Revision specifically requires the new Ethics Director to be a licensed attorney because that status carries independent professional obligations.

As an attorney in Hawaiʻi, Director Akitake must report serious misconduct by other lawyers to the Office of Disciplinary Counsel. This “self‑regulation” requirement exists to protect the public and uphold the integrity of the legal system, and government attorneys are held to an even higher ethical bar.

However, despite receiving well‑documented evidence of potential attorney misconduct, Director Akitake has refused to forward it to the proper authority, undermining the purpose of the Charter amendment and the independence that voters intended.

Director Akitake is using her governmental authority to protect and confer an undue benefit on Corporation Counsel, which may have both criminal and professional consequences.

THE 800‑LB GORILLA IN THE ROOM:
Corporation Counsel’s handling of conflicts of interest also demands scrutiny. When the department finally acknowledged that it could not defend the County in the lawsuit filed by former County employee Chris Salem—because its own past conduct was implicated—it selected the private law firm KS&G to take over the defense.
But Corporation Counsel never sought the Charter‑required conflict‑of‑interest ruling from the Board of Ethics before choosing KS&G. Civil Beat’s reporting describes how close to $1 million has now been spent through this arrangement, even while key questions about conflicts remain unanswered.

One pivotal issue is the executive session where Corporation Counsel attorney Caleb Rowe participated even though his office had acknowledged a conflict. The conclusion that there was “no probable cause” to investigate Corporation Counsel’s failure to seek an ethics ruling did not come from the Board itself — it came from outside attorney David Nakamura.

Nakamura offered conclusions of law on the County Auditor's official capacity despite not having been properly procured to represent the County. He was, in fact, serving as the Auditor’s private counsel and had prior, direct, conflicted involvement in a deferral agreement tied to the very issues the Auditor was supposed to be auditing.
That conflict should have barred him from offering any opinion in the matter, yet his assertion was accepted by the Board without scrutiny.

The minutes from this executive session must be released so the public can understand how Nakamura and Corporation Counsel may have improperly influenced the Board's conclusion.

Responding to public demands, the State Office of Information Practices has now subpoenaed the Board’s records.

This petition to uphold the Charter Revision we all voted for is just one step in the whack‑a‑mole game we've been playing with Corporation Counsel for years.

The good news for the citizens of Maui County is that we are making headway as never before; the bad news for Corporation Counsel and those who benefit from and support their corruption is that we’re not going away.
Let’s end this game now, before the $1 million already wasted defending Corporation Counsel’s misdeeds turns into four million or more. 

WE CALL FOR IMMEDIATE ACTION

1. Release All Executive‑Session Minutes Involving Conflicted Attorneys
The public has a right to know what occurred in sessions that were unlawfully conducted.

 
2. Enforce the 2024 Charter Amendment Guaranteeing Independence
The Board of Ethics must use independent legal counsel — not Corporation Counsel or any conflicted attorney.

 
3. Open a Full Ethics Investigation Into the County Auditor
This includes:

Peer‑review noncompliance
Conflicted legal representation
Violations of auditing standards
Possible Charter violations
 
4. Refer Attorney Misconduct to the Office of Disciplinary Counsel
This is required under HRPC Rule 8.3.

 
5. Vacate and Reconsider Improperly Dismissed Ethics Complaints
Especially Complaint 25‑26, which contains serious allegations backed by documentation.

 
6. If the County Will Not Act, the Second Circuit Court Must Intervene
The Court has the authority to:

Invalidate tainted decisions
Order disclosure of executive‑session minutes
Require conflict‑free proceedings
Enforce the Charter and Sunshine Law

Call for Leadership Changes to Restore Public Trust
The actions detailed in this petition reveal a pattern of decisions that undermine the Charter revision voters approved in 2024. The Ethics Board cannot fulfill its mandate while its leadership disregards the independence, transparency, and professional standards the Charter requires.

For these reasons, we believe it is reasonable and necessary to request leadership changes.

To restore public trust and ensure compliance with the Charter, we call for the resignation of Ethics Director Lauren Akitake, Board Chair Steven Sturdevant, and Vice‑Chair Michael Lilly.

This call is grounded in the following concerns:

Failure to implement the Charter‑mandated independence of the Ethics Board, including continued reliance on Corporation Counsel in matters where conflicts exist.

Failure to ensure proper process in handling ethics complaints, resulting in dismissals that appear unsupported by investigation or findings of fact.

Failure by the Ethics Director to meet professional obligations as a licensed attorney, including the duty to forward well‑documented evidence of potential attorney misconduct to the Office of Disciplinary Counsel.
Adoption of unconstitutional rule changes that restrict public participation and transparency.

Acceptance of conflicted legal input, including advice from improperly authorized outside counsel in a matter central to ongoing ethics concerns.

Erosion of public trust at a time when independent, transparent oversight is essential.

These concerns reflect systemic failures of judgment and leadership, not isolated errors. The Charter revision was passed to break long‑standing patterns of conflict and internal influence. Instead, the current leadership has reinforced them.

We therefore call for new leadership that will:

Honor the Charter as written and intended by the voters.
Protect the public interest over departmental influence.
Uphold mandatory ethical and professional standards.
Ensure that conflicts of interest are addressed promptly and transparently.
Restore integrity and public trust in Maui County’s oversight systems.
Independence cannot be symbolic. It must be real, visible, and uncompromising. Leadership that refuses to implement the Charter’s requirements must step aside so the Board of Ethics can finally serve the public as the voters intended.

RECIPIENTS OF THIS PETITION
This petition is respectfully addressed to:
• Maui County Council
As Maui’s legislative body, the Council has the authority to:
– Enact ordinances enforcing independence of the Board of Ethics
– Compel production of executive‑session minutes
– Oversee Corporation Counsel and the County Auditor
– Hold hearings and demand corrective action
– Allocate or restructure budgets to ensure true independence

• Maui County Board of Ethics
Responsible for complaint intake, investigation, findings of fact, conflict‑free deliberation, and enforcement of the 2024 Charter amendment.

• Mayor of Maui County
As chief executive, the Mayor can direct Corporation Counsel to withdraw from conflicted matters and support structural independence reforms.

• State of Hawai‘i Office of Information Practices (OIP)
Now actively investigating Sunshine Law violations related to conflicted executive sessions (OIP Appeal 26‑19). Public support strengthens their work and demands transparency.

• Hawai‘i Second Circuit Court
While courts cannot be petitioned for political action, petitioners reserve the right to seek judicial relief, including declaratory and injunctive action, if County agencies fail to comply with the Charter, Sunshine Law, and ethical obligations.

SIGN THE PETITION TO RESTORE PUBLIC TRUST IN MAUI COUNTY GOVERNMENT
Together, we can ensure that Maui County upholds the principles of integrity, independence, and transparency that our community deserves.