Environmental Management Director Bobby Jean Leithead Todd can keep her job, following a judge’s ruling that the mayor and County Council had discretion to put her in the position without the engineering degree seemingly required by the county charter.
Former South Kona/Ka‘u Councilwoman Brenda Ford filed the lawsuit in 2013, saying Leithead Todd doesn’t meet the minimum qualifications for the job, as set by charter. Ford, represented by attorney Michael Matsukawa, cited the charter’s requirement that the Environmental Management director hold “an engineering degree or a degree in a related field.” Leithead Todd, an attorney, holds a bachelor’s degree in English.
Kona attorney Robert Kim, representing Leithead Todd, had argued the mayor is vested with the power to appoint. Kim also pointed to the council, which has checks and balances over the decision of the mayor. The council confirmed Leithead Todd based upon the legal opinion of then corporation counsel, Lincoln Ashida, who told council members that they have the discretion to determine what “related field” meant.
3rd Circuit Court Judge Ronald Ibarra noted in his 15-page ruling Tuesday that both sides had agreed the charter language is ambiguous. Ibarra also agreed with that, but he said because Ford’s side did not meet its burden of proof that Mayor Billy Kenoi or the council abused its discretion, then he need not rule on whether a law degree is a degree “in a related field” to engineering.
“In viewing the evidence in the light most favorable to the petitioner, the petitioner has not raised or presented any evidence that there exists a genuine issue of material fact relating to whether the County Council or the mayor abused their discretion in interpreting the charter,” Ibarra said in his order.
Kenoi praised the ruling.
”We appreciate Judge Ibarra’s thoughtful and well reasoned decision. We believe it is the correct decision and we were confident that both the executive and legislative branches of county government had the discretion to approve a nominee and determine if their qualifications were appropriate,” Kenoi said Wednesday. “I want to thank Bob Kim for his outstanding advocacy and for work of the Office of the Corporation Counsel.”
Ibarra quoted extensively from the transcripts of the 2009-2010 Charter Commission in forming his ruling. The commission had debated what kind of degree would be related to engineering, and then decided not to make it more specific but to leave it to the County Council’s interpretation.
“Needless to say, we’re very happy with the ruling,” Kim said.
Matsukawa had not seen the ruling Wednesday afternoon and deferred comment until after he read it.
Leithead Todd held the director job under a previous mayor before the charter language was changed. She left that post to head the Planning Department under Kenoi, from 2009 until December 2013, when she returned to Environmental Management.
The County Council, by a 6-3 vote, confirmed the appointment that year. Ford, North Kona Councilwoman Karen Eoff — who had served as staff for the Charter Commission that added the ballot language — and Kohala Councilwoman Margaret Wille voted no.