I have received a few telephone calls berating me for including Finance Director Deanna Sako in my Ethics Board complaint against Mayor Billy Kenoi. The jist of their opinions is that she wasn’t there long enough as director to be
I have received a few telephone calls berating me for including Finance Director Deanna Sako in my Ethics Board complaint against Mayor Billy Kenoi. The jist of their opinions is that she wasn’t there long enough as director to be responsible for Kenoi’s misuse of his purchasing card. I disagree. Let me tell you why.
Hawaii Penal Code Section 720-520 reads:
“A person is guilty of criminal conspiracy if, with intent to promote or facilitate the commission of a crime:
(1) He agrees with one or more persons that they or one or more of them will engage in or solicit the result specified by the definition of the offense; and (2) he or another person with whom he conspired commits an overt act in pursuance of the conspiracy.”
Translated into our current (2008-2015) circumstances:
Kenoi agreed with Finance Director Nancy Crawford and Deputy Finance Director Sako, and then between Kenoi and Sako, that the three of them, then the two of them, would engage in Kenoi knowingly violating state and county statutes and ordinances regarding the misuse of Kenoi’s purchasing card for personal purchases. The overt act was that at the end of the (monthly) reporting period, they would state falsehoods in the official records or just not file, as required by law and code. The specific criminal conduct that was being engaged in was violation of Hawaii Revised Statutes Section 708-830(5) (Theft) and HRS Section 708-874 (Misapplication of entrusted property).
As purchasing card administrators for the county, it was the responsibility of Crawford, then of Sako, to stop Kenoi from misusing his pCard. They not only refused to do so, they actively aided and abetted his misuse of the card — his ongoing commission of the misdemeanor offenses of misapplication of entrusted property and theft — over a period of years, from December 2008 through March.
Sako’s culpability — whether it was ongoing for the years she was deputy director or for the couple of months when she was finance director — was a continuing violation of the ethical standards required of her. She was responsible, and she did not fulfill that responsibility. And when one considers her culpability, I urge you to keep in mind that Hawaii County Code Section 2-80 requires promoting “high standards of ethical conduct in County government.” According to Hawaii County Charter Section 14-1(b), the requirement that “appointed officers and employees shall demonstrate the highest standard of ethical conduct” is “so that the public may have trust and confidence in the integrity of the government.”
It is hardly an understatement that the conduct of Kenoi has shaken the confidence of many citizens in the integrity of county government, and Sako must accept her share of responsibility for that loss of confidence. Of course, ultimately the County Council will have to accept ownership of this issue.
Sako violated Hawaii County Code Section 2-83(a)(1) by permitting Kenoi to misuse his pCard for personal purchases, when she had an obligation as purchasing card administrator to simply cancel his card. This also violates Hawaii County Charter Section 14-2(b) and Section 14-4(a), which forbids using her position to grant another person special privileges not available to all citizens. She allowed Kenoi to keep misusing his pCard for personal purchases; she should have revoked the card as her first act after being appointed finance director by Kenoi.
Sako violated HCC Section 2-83(a)(3) by stonewalling West Hawaii Today in its request for Kenoi’s pCard expenditures under the Uniform Information Practices Act, HRS Section 92 and Section 92F. This also violates Hawaii County Charter Section 14-4(c), requiring that all persons shall be treated in a fair and courteous manner. It is vital that openness and transparency of government records are accessible to all citizens and the media.
Finally, Sako violated HCC Section 2-83(b)(2) when she granted unwarranted privileges of personal use of his pCard (i.e., “compensation or other consideration”) to Kenoi. This also violates Hawaii County Charter Section 14-4(a), which requires that all public funds are to be treated as a public trust and are not to be used “for personal purposes without proper consent.” Billy giving himself consent is hardly “proper” consent.
I appreciate that Sako was unfairly put in an untenable position by her superiors. That is an uncomfortable position for any employee to be in. But as the saying goes, “That’s why they pay me the big bucks.” At her salary it is not unreasonable for the citizens of Hawaii County to demand that a person of such trust and responsibility be required to live up to the highest ethical standards, even if it comes at great personal cost to Sako. But there is a price to be paid for being an ostrich, too, and deliberately ignoring misconduct that goes on around you. (I just hope the Ethics Board does not make the same mistake Sako did As Peter Risely so well asked: Who will watch the Watchers?)
Lanric Hyland is a resident of Kapaau.
Viewpoint articles are the opinion of the writer and not necessarily the opinion of West Hawaii Today.
