Kern ethics complaint dismissed

HILO — The Hawaii County Board of Ethics on Wednesday cleared Windward Planning Commission Chairman Zendo Kern, who won the Puna District 5 County Council seat in the Aug. 11 primary, of any wrongdoing when he voted to allow the Hawaii Volcano Circus to continue operations after it violated its special use permit.

In a closed-door informal hearing, the Ethics Board questioned Kern and agreed he didn’t violate the county ethics code when he didn’t recuse himself from the vote, Kern said afterward.

“They asked how things transpired and I explained I conducted myself the way I always conduct myself, and they decided, based on the information they had, they didn’t see it sufficient to continue,” Kern said.

Ethics Board Chairman John Dill declined comment, saying he’s not sure he’s allowed to talk about the closed session. The name of the person bringing the ethics complaint has remained confidential — even Kern doesn’t know who it is. The individual was not at the meeting, Dill said. Kern said he received a redacted copy of the complaint, so he could defend himself.

Kern, along with four other Planning Commission members, bucked the planning staff’s recommendations and gave the circus until December to submit an amendment to broaden the permitted uses of the property. Staff had recommended the special use permit be revoked in a daylong May meeting that was packed with neighbors concerned about public performances, noise and parking issues at the Seaview Performing Arts Center for Education’s Kalapana location.

Kern disclosed ties to HVC Chairman Graham Ellis, but said, on advice of Corporation Counsel, he was allowed to vote. He said he considered Graham a friend, adding that Graham had made a contribution to his campaign and he attended a 25th anniversary event at the site that he didn’t know was contrary to the organization’s special use permit.