Maui Ethics Commission Still Improperly Influenced by Corporation Counsel

Sign this petition too: https://c.org/Q7kfpFq4n5

COUNTY COUNCIL HAS ALREADY SHOWN US THE SOLUTION. NOW APPLY IT TO CHRIS SALEM AND THE ETHICS COMMISSION.

A recent Maui Now article celebrated Maui County's new Ethics Director and supposedly more independent ethics process.

But independence doesn't come from a new title. It is demonstrated by whether the County actually removes conflicted Corporation Counsel when its own conduct is at issue.

That is what Maui voters demanded when we approved the 2024 Charter amendment establishing independent staffing for the Board of Ethics.

Yet Corporation Counsel continues to influence matters involving complaints against itself. Our petition has documented conflicted attorneys participating in executive sessions, ethics complaints dismissed without adequate investigation, conflicts involving the County Auditor and his legal representation, and an OIP investigation into potential Sunshine Law violations.

COUNCIL ALREADY ESTABLISHED THE RIGHT STANDARD
In the Leo Caires matter, Council recognized that simply hiring outside counsel was not enough.

When Corporation Counsel was conflicted, Council removed it from its role as the "handler" managing outside counsel and reviewing invoices. Council Services attorneys took over that responsibility as part of the process through which Council received outside counsel's litigation strategy.

That was the right standard.

But Council has not applied it to Chris Salem.

WHO IS ACTUALLY RUNNING THIS CASE?

Corporation Counsel wrongfully defended the Salem case for approximately two years before bowing out over conflicts that existed from the beginning. KS&G has now billed approximately $1 million, while Corporation Counsel has continued to manage outside counsel's legal strategy and approve its invoices.

It is now documented that the County Council has NEVER received a litigation strategy report from KS&G in the Salem case.

Nearly $1 million has been spent, yet Council apparently has not been formally told what strategy KS&G is pursuing, what positions it is taking in Maui County's name that are unsupported by declarations from any County director or other person with authority to establish their factual basis, what evidence supports those positions, or who authorized them.

Or has outside counsel, managed by conflicted Corporation Counsel, been allowed to take substantive positions in Maui County's name without meaningful independent oversight?

Neither Corp Counsel nor outside attorneys get to govern Maui County. They represent it.

Someone accountable to the public should know what they are doing with $1 million of taxpayer money and what they are telling the court in the County's name.

THE ETHICS COMMISSION HAS THE SAME STRUCTURAL PROBLEM
Maui voters changed the Charter specifically to make ethics oversight independent of Corporation Counsel.

Yet our petition documents Corporation Counsel attorney Caleb Rowe participating in an executive session despite Corporation Counsel's acknowledged conflict. It also documents outside attorney David Nakamura providing legal conclusions concerning the County Auditor while simultaneously serving as the Auditor's private counsel and having prior involvement in a deferral agreement connected to matters the Auditor was supposed to audit.

The State Office of Information Practices subsequently subpoenaed Board records concerning these proceedings.

This is not the independence Maui voters approved.

That is why our petition continues to call for the resignation of Ethics Director Lauren Akitake, Board Chair Steven Sturdevant, and Vice-Chair Michael Lilly. We believe their leadership has failed to establish the genuinely independent ethics system voters demanded.

APPLY THE LEO CAIRES STANDARD
The solution is no longer theoretical. Council already created it. No "Chinese Wall" exists within Corp Counsel.

When Corporation Counsel is conflicted, Corporation Counsel gets out of the room.

We are calling on Council to require KS&G to provide a complete litigation strategy report; identify the factual and legal basis and County authority behind the positions it has taken in the Salem case; remove Corporation Counsel from managing KS&G and approving its invoices; transfer that responsibility to Council Services or another genuinely independent authority; and establish the same conflict standard throughout County government.

Apply it to Chris Salem.

Apply it to the Board of Ethics.

Apply it every time Corporation Counsel's own conduct creates the conflict.

This isn't about taking Chris Salem's side in litigation.

It's about making sure someone accountable to the people of Maui is supervising what is being done, and what is being said in court, in Maui County's name.

Maui voters already demanded independent ethics oversight.

County Council already demonstrated how to create independent legal oversight.

Now do it consistently. Get the 800-pound gorilla out of the room.