Lawsuit Seeks New City Council Votes on Honolulu Rail
Millionaire heiress Abigail Kawananakoa聽says ethical lapses tainted several votes of the Honolulu City Council, and she wants to restore public trust in the process.
Abigail Kawananakoa, a descendant of Hawaiian royalty and to the James Campbell estate, filed a lawsuit Tuesday that could pose some problems for Honolulu鈥檚 $6 billion commuter rail line that鈥檚 slated to open in 2019.
Kawananakoa鈥檚 complaint stems from an聽ethics scandal involving Honolulu City Council members who failed to disclose conflicts of interest on key rail votes while being wined and dined by lobbyists whose employers would benefit from the project.
The heiress says there are at least 11 rail-related votes that could be invalidated under city law because council members didn鈥檛 disclose their conflicts of interest. But her attorneys have also identified at least 100 other measures 鈥 not all of them related to rail 鈥 that they contend could be nullified for similar reasons.
Kawananakoa鈥檚 attorney, Bridget Morgan, says her client isn鈥檛 seeking to disrupt the rail project or any other developments, including those benefiting the James Campbell Co., a major developer in Kapolei, near the western terminus of the rail line.
Morgan said Kawananakoa only wants the City Council to ratify its previous decisions that have been tainted by ethical lapses. If it doesn鈥檛, Morgan said, the city risks a judicial injunction to cease enforcement and funding of laws that the council previously passed.
鈥淭he lawsuit is not about rail. The lawsuit is about good government, ethical government, and restoring public trust in the system,鈥 Morgan said during a press conference at the Bickerton Dang law office. 鈥淭he process here was absolutely dirty. It was illegal and it needs to be cleaned up.鈥
Kawananakoa based much of her lawsuit on the ethics violations of Hawaii Rep. Romy Cachola and Nestor Garcia, two former City Council members who were hit with record fines by the Honolulu Ethics Commission for violating the city鈥檚 gift and disclosure laws.
Cachola claimed several of his former colleagues聽also may have cast improper votes, including聽current City Council members Ann Kobayashi and Ikaika Anderson, and former Council members Todd Apo and Donovan Dela Cruz, who is now a state senator.
There鈥檚 been a lot of conjecture regarding whether any City Council votes should be invalidated based on former members failing to disclose conflicts of interest. Honolulu Ethics Commission Executive Director Chuck Totto has said he believes that the votes could be invalidated, but city attorneys disagree.
And it鈥檚 still not clear what implications invalidated votes or an injunction might have on the 11 measures listed in Kawananakoa鈥檚 lawsuit.
For instance, two of the rail ordinances that passed with聽questionable votes in 2012 are related to a prior year budget of聽the Honolulu Authority for Rapid Transportation, the agency overseeing the rail project. That money most likely has already been spent.
Other, more substantive city ordinances could have a greater influence on the project if they aren鈥檛 reapproved, including one that is the official selection of an elevated guideway as Honolulu鈥檚 鈥渓ocally preferred alternative鈥 for mass transit.
The entire lawsuit could also be chalked up to a paperwork problem that the City Council could clear up simply by recasting votes on questionable measures.
Honolulu Corporation Counsel Donna Leong did not respond to a request for comment on Kawananakoa鈥檚 lawsuit. Neither did officials with Honolulu Mayor Kirk Caldwell鈥檚 office. City Council Chairman Ernie Martin, however, issued a statement saying he would consider holding new votes on the ordinances and resolutions that are now under scrutiny.
鈥淎s I have stated before, I intend to gauge the Council鈥檚 willingness to consider a re-vote of those disputed measures,鈥 Martin said. 鈥淏ut it must also be said that the City鈥檚 attorneys have found no legal basis for a re-vote.鈥
Morgan said her client is willing to wait on the Council to make a decision, but that 鈥渨e鈥檙e not willing to wait forever.鈥
You can read the lawsuit here:
GET IN-DEPTH REPORTING ON HAWAII鈥橲 BIGGEST ISSUES
Support Independent, Unbiased News
Civil Beat is a nonprofit, reader-supported newsroom based in 贬补飞补颈驶颈. When you give, your donation is combined with gifts from thousands of your fellow readers, and together you help power the strongest team of investigative journalists in the state.
About the Author
-
Nick Grube is a reporter for Civil Beat. You can reach him by email at nick@civilbeat.org or follow him on Twitter at . You can also reach him by phone at 808-377-0246.