Government Relations, Ethics, and Transparency Committee - Regular Meeting

Will the government relations, ethics, and transparency committee meeting of 01/27/2026 come to order? It is 01:39PM. I'm your chair, Kalonoi Batanglan, and this is my first time chairing a county council committee meeting. It's an honor to be here, and it being great. I brought with me my own gavel today.

This is a piece of the Bourbon Wall. So I was born in 1989, and two geopolitical events of significance happened that year. One was the Berlin Wall coming down. The other was Tiananmen Square. And so in my lifetime, I've seen the trajectories of two different people go on in two wildly different directions.

And that has stuck with me and the lessons from being in both Germany and China and seeing how free and prosperous they are has stuck with me. So as I take the helm of this committee focusing on government relations, ethics, and transparency, I just wanted to pause and acknowledge where I'm coming from and my hopes for what we can achieve together in this committee. With that, members in accordance with the Sunshine Law, please identify by name who, if anyone, is in the room, vehicle, or workplace with you today. Minors do not need to be identified. Committee vice chair, Nohilani U'uhajans.

Aloha Chair. Thank you so much for sharing that with us. I am very excited to see you up there, although I miss this committee and this committee staff so much. But I'm so happy for you, and I'm happy for us. Real quick, I could, today is my grandma's, 80 birthday. So happy birthday, grandma. You.

Council member Tom Cook. Good afternoon, chair. Thank you for sharing that. 1989 was an important time for me. That's when I got my general contractor's license. So, just sharing. I'm really looking forward to the meeting and, yeah, I'm glad that you're here doing it and welcome.

Thank you. Council Member Gabe Johnson is excused. Council Chair Alice Lee.

Well, good afternoon chair. Looking forward to your meeting. Congratulations. Thank you. And, let's see. In 1989, I was starting my first year on the council.

Thank you. Councilmember Tamara Palton. Excused for now. Councilmember Keoni Rollins Fernandez.

I

am at my private residence alone, but I will be joined by my two children who are minors and potentially my husband who's not a minor, McKenna Fernandez, maybe around, like, 02:30 is usually when they come home. And there are currently no testifiers at the district office and to.

You. Council member Sheen Sanente.

Hey. Chair, and congratulations on your first meeting here at my home office. I'm here by myself and. And in 1989, I was four years out of high school.

Members, I really didn't mean this for this to become a where were you in 1989. Council member Yukilei Sugimura is excused.

I was three, so I was gonna three.

K. So from corporation counsel, we have here with us Thomas Colby, deputy deputy corporation counsel, Glenn Pasquale, deputy corporation counsel, and Kristen Tarnstrom, deputy corporation counsel. We also have with us or will be having with us Jordan Molina, director of public works, and deputy chief Wade Maeda from the Maui Police Department. We also have our committee staff, Maria Leon, committee secretary, Kasey Apo Takayama, senior legislative analyst, Clarissa McDonald, legislative analyst, Peter Hanano, legislative attorney, and, Leigh Denin, and Jean Pokipala, counsel services assistant clerks. Staff, do we have any testifiers?

Chair, there's currently no one who has signed up to testify. Would you like me to do a last call just

to Yes, please.

If anybody is in the chamber and would like to testify, please let staff know. Or Microsoft Teams, please raise your hand. This is final call for beginning of the meeting testimony. Three, two, one. Chair, it appears that nobody wishes to testify.

Thank you. Members, without objection, can we close public testimony for the beginning of the meeting? Thank you. Okay. Members, so we have before us, resolution 25 dash two one four, which would approve settlement of the estate of Matthew Lewis Perera, deceased at all, versus County Of Maui at all, civil two CCV dash two two dash zero zero zero zero zero four five filed on 06/13/2023.

The claim alleges wrongful death and damages from a motor vehicle versus motor vehicle collision that occurred at the intersection of Dairy Road and Hukiliki Kulike Street in Kahului on 12/13/2020. May I have opening comments from deputy corporation counsel Glenn Pasquale and director Jordan Molina.

Thank you. Good afternoon, chair Batonga, vice chair, Hajins, and members of the great committee. This is a wrongful death case involving a motor vehicle accident between a motorcycle driven by Matthew Lewis Pereira, deceased, and another vehicle driven by defendant Patrick George Ventura. In addition to defendant Ventura, the plaintiffs have asserted claims against the county of Maui, the state of Hawaii, and Alexander and Baldwin, related to the design and construction of Dairy Road at or near Hukilikia Street where the subject accident occurred. Just a little bit of background about the accident itself.

On 12/13/2020, at approximately 11:48AM, Matthew Pereira was riding his 1987 Harley Davidson heritage soft tail motorcycle westbound on Dairy Road in Kahului. He was not wearing a helmet, the motorcycle had been customized, was equipped with only a rear brake, and was not equipped with front or rear turn signals. At the same time, Patrick Ventura was proceeding on Hukeliki Street in his Chevrolet S-ten pickup truck towards Derry Road, intending to make a left turn on Derry Road to go to Maui Marketplace. At the time of the accident, Hukelike Street was owned by the County of Maui. Gary Road was owned by Alexander and Baldwin but maintained by the State of Hawaii as a result of historical contractual arrangements between the State and A and B.

The posted speed limits were 30 miles per hour on Dairy Road and 20 miles per hour on Hukilik Street. As Patrick Ventura approached the stop line on Hukilik Street, he stopped briefly and then proceeded into the intersection intending to make that left turn. Unfortunately, he made contact with Matthew Pereira's motorcycle, who was traveling on Darrow Road towards Lahaina. As a result of the collision, Mr. Pereira suffered head injuries in the accident and died at the Maui Memorial Medical Center on 12/15/2020.

Mr. Ventura was questioned by the investigating officer of the Maui Police Department at the accident scene and he later agreed to a blood draw. Toxicology revealed the presence of methamphetamine, amphetamine and delta nine THC COOH. A search warrant executed on Mr. Ventura's truck produced a clear glass pipe with a bulbous end containing a white crystalline residue and a small ziplock type bag containing crystal residue.

Testing of the residue was positive for methamphetamine. Mr. Ventura was charged with negligent homicide. He entered into a plea agreement and was sentenced to one year in jail and five years probation. He served at jail time, but, he may still be on probation, although I believe it's probably ending soon. Mr. Ventura's truck was not insured. Matthew Pereira was 28 years old at the time of his death. He was married to Chloe Pereira and he had a minor son. Matthew was self employed in his own body shop.

In addition to his wife and son, Matthew was survived by his father and mother, Robert and Renee. They are all plaintiffs in this case. Trial in this matter was set for 02/02/2026 before the Honourable Judge Krishnan Hammond. However, on 11/07/2025, the parties participated in mediation with mediator Keith Hunter. As a result of the mediation and subsequent discussions, the parties have tentatively agreed to a settlement, subject to approval from their respective legislative bodies.

Because this case involves ongoing litigation and has not yet been resolved, We request the opportunity to convene an executive meeting to discuss questions and issues pertaining to the powers, duties, privileges, immunities, and liabilities of the county as well as settlement related matters. Thank you.

Thank you, corporation counsel. Do we have anybody from Public Works wishing to provide opening statements? Chair, Jordan Molina, director with public works. We have, no comments at this time. Thank you. Thank you, director Molina. Members, before moving into discussion, I'll receive testimony for grade eleven twenty four.

Chair, there's currently no one who has signed up to testify. Would you like me to do a last call?

Yes, please.

If somebody's in the chamber, please let staff know. Or if you'd like to testify in Microsoft Teams, please raise your hand. This is final call. Three, two, one. Chair, it appears that nobody wishes to testify.

Thank you. Members, seeing that there is nobody wishing to testify, without objection, I will now close oral testimony on this item. As a reminder, written testimony will continue to be accepted. Members, the chair will be implementing a three minute questioning period, per member with a one minute follow-up round. Are there any members wishing to, ask any questions in open session at this time? I see two hands. I'll start on the my left side. Member Senensi.

Mahalo, chair. Could I I'm sorry. I, it was kind of soft online, but, remind me again why Maui County is named in the litigation.

I'm sorry. I'm trying to speak louder this time. More directly, I thought I was kind of spitting into the mic. Yes, good question. Thank you for that question, Councilmember Senensi. The county of Maui, was named in the the lawsuit because, they own Hukeliki Street, which is the intersection where the accident occurred. The allegations against the county are related to the design and construction of the intersection, which is alleged to have resulted in obstructed sightlines for drivers on Hukiliki Street.

Okay. Thank you, Parete. Thank you, chair.

Thank you, Member Senetti. Member Cook. Thank you, Chair.

Are there three parties to this? Is it A and B, the state, and the county?

Thank you for your question. Technically, there are four. Patrick Ventura, the driver, is technically a party. However, because of his uninsured status well, actually, I should probably talk about that in session. But there are four parties. The driver, County Of Maui, State of Hawaii, and A and B.

And then my second and final question. Time wise, was this before Dairy Road was improved? Or is this the old Dairy Road? When

you say improved, what do you mean?

Well, maybe I'm showing my age. Director Molina would maybe know that. I'm just saying right now it's like a major four lane road.

Okay. I think I can answer your question. The way roadway exists now is pretty much the way it existed at the time of the accident.

Thank you for answering my question. Thank you, Chair.

Thank you, Member Cook. Member Lee.

Thank you. Hi. Did you say earlier that there was mediation done and parties came to some kind of agreement?

Yes. We had a settlement not a settlement. We had a mediation in November. Came into an agreement in principle. Fully aware that our offer would be subject to council approval. Fully aware that any offer by the state would be subject to legislative approval. But there's a trial date of 02/02/2026. So yeah.

So if we come to an agreement today, I mean, well, agree to your proposal today, that would avoid having to go to trial? Yes. Okay. Thank you.

Thank you, Chair Lee. Any other members have any questions that they want to ask of the administration in open session? Seeing none, the chair will entertain a motion to convene an executive meeting in accordance with section 92 dash five a four Hawaii revised statutes to consult with legal counsel on questions and issues pertaining to the powers, duties, privileges, immunities, liabilities of the county, the council, and the committee, and section 92 dash five a eight Hawaii rights statutes to deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential, pursuant to a state or federal law, or a court order.

So Second. So

motion made by member Woo Hajins and seconded by chair Lee. I have a motion on the floor to enter into executive session. Any further discussion? Seeing none. Oh, Before we take that vote, I'd like to recognize member, Yukilei Sugimura.

Thank you, chair. I made it home to Kula. Ready to vote.

Thank you. Okay. So we have a motion on the floor to go into executive session, for resolution 25 dash two one four. All in favor of the motion, please say aye. All opposed, nay.

Motion carries. For the record, the following personnel will be attending the executive session, myself, committee chair, committee vice chair, Council member Tom Cook, Council chair Alice Lee, Council member Keani Rollins Fernandez, Council member Shane Senensi, Council member Yuki Lei Sugimura, office of council services staff, Peter Hanano, legislative attorney, and Maria Leon, committee secretary. May I please ask corporate corporation counsel to state who from the department of the corporation counsel administration will be in the executive session and your titles, please.

Thank you, Chair. This is Thomas Colby. I'm the staff attorney for this particular committee, and so I would request that I be included in the executive session as well as Glenn Pasquale and Christy Tarnstrom who is also present and the litigation supervisor. Oh,

and Jordan Molina for the department. Thank you. Staff, is there anybody else that we should be recognizing? With that, at this time, the chair would like to call for a ten minute recess to 02:07PM. We will convene in an executive meeting.

The me this meeting of the government relations, ethics, and transparency committee is now in recess. The government relations, ethics, and transparency committee meeting will reconvene. It is 02:33PM. Members, we have just completed our executive meeting on resolution 25 dash two one four. Peter, can you please provide a summary in accordance with the Hawaii Rise statute section 92 dash four? Yes, chair. Thank you.

The government relations, ethics, and transparency committee met in executive session on Resolution two five dash two one four, to discuss with its attorneys settlement efforts, the rights and liabilities of the county, strengths and weaknesses of the case, settlement efforts to date, and pros and cons of settlement before going to trial. Thank you, chair.

Thank you, Peter. Members, is there any further discussion before the chair's recommendation? Seeing none, I would like to entertain a motion to recommend adoption of resolution 25 dash two one four, including any non substantive revisions. Second. Moved by member Cook, seconded by chair Lee. Any discussion? If see no further discussion. All those in favor of the motion, please raise your hand and say aye. Chair,

that's six ayes, zero nos, three excused. We're not seeing council member Sugimura. Okay. Motion carries.

Thank you. This item will move on to the council for for consideration. Members, we now have before us resolution 25 dash two one eight, which would authorize the designation of the County of Hawaii office of Corporation Counsel as special counsel to represent Maui Police Department in the matter of the arbitration between State of Hawaii Organization of Police Officers and the County of Maui Police Department, SHOPO case MDash2022Dash021, IADashPSO22Dash0011. May I have opening comments from deputy corporation counsel Kristen Tarnstrom and deputy chief Maeda?

Thank you, chair. The matter before you is a grievance. Effectively, that means an employee is unhappy with an employment decision and they go to their union and the union and the department try to work out any differences on that decision. If they can't, they eventually get to a point where the matter goes to arbitration and that's, this matter has now been indicated that this is gonna go to arbitration. An arbitrator is appointed and takes evidence and makes an ultimate decision about the dispute.

All personnel decisions and actions must be kept confidential by law and by union agreement. So we can't discuss any specifics of this matter in open session. And apart from the fact that our office, the Department of Corporation Counsel, is conflicted out of this matter in a way that we cannot shield or wall off any deputy assigned to the case. So, we reached out to the Big Island, corporation counsel's office, and we received a response that they'd be happy to, assist us in the act be designated as the corporation counsel assigned to this matter. And that would be without any fees.

We would just cover any costs of their travel and items of that nature. And and that's pretty much all I can state in open session. Steven Idamoto is, present, and he is the deputy assigned from, the Big Island who's agreed to help us out with this case.

Thank you. Deputy Chief Maeda.

Good afternoon, chair. Good afternoon, council members. The Hawaii Police Department understands the employees', right to grieve, and we are not opposed to having, corporation counsel conflict out on this matter. Thank you.

Thank you, deputy chief Maeda. Before we continue, I'd like to recognize member Palton. Good afternoon.

Aloha. Sorry for my, lateness.

Okay. Before moving on to discussion, I'll receive testimony for grade eleven twenty five.

Chair, there is currently no one who has signed up to testify. Would you like me to do last call?

Yes, please.

If somebody would like to testify in the chamber, please let staff know, or on Microsoft Teams, please raise your hand. This is final call. Three, two, one. Chair, it appears that nobody wishes to testify.

Thank you. Members, without objection, may I close oral testimony on this item? As a reminder, written testimony will continue to be accepted. Members, does anybody have any questions for corporation counsel or, MPD in open session? I just Oh, member Palton.

Wanted to clarify when you said that you're totally conflicted out what that means. Like, you can come into executive session with us because there's been some emails that muddy the waters there.

Corporations

Council. Yeah. Thank you, chair, and thank you, Barbara, for the question. In this instance, all we ever are aware of is that there's an intent, to arbitrate the matter, and and based on that, our office is conflicted and we have identified outside counsel. All I can do I know nothing about the case. I can just explain to you the conflict if necessary in executive session, but otherwise, again, I don't know anything about it otherwise. But I don't know if that answers your question.

Sounded like you are gonna be in executive session with us.

Yes, chair. And that's just to explain to you why our office is conflicted. I don't know anything about the actual case.

So then after you explain that, then you leave or you stay?

I don't think there's anything more to do. I I can allow Tom to speak because he's more versed in this. Thank you.

I think your question, Member Palton, I think your question, addresses the issue about whether or not our office, when they have a conflict case, is, allowed or required to be in executive session. I The issue is not clear yet, and, in this particular case, the staff attorney assigned to this great committee will certainly be sitting in and and and and from from the the Department of Corporation Counsel as well as OCS. As miss Tarnes from explained, her role in this particular matter is as the litigating attorney bringing this matter before you is she's gonna explain the nature of the conflict. And then that would be essentially the end of her role. I don't believe that you're gonna be hearing any facts related to the actual substance, of this particular matter today.

It's really gonna be just a consideration in executive session whether or not you're gonna approve appointment of special counsel from the Big Island to handle matters moving forward. At at a later juncture, if it needed special counsel to appear and give you an update or something like that, it's our position that at this point, the attorney from the counseling and drafting side would attend executive sessions to advise, the committee, but that otherwise no deputies from our office, from the litigation side would be in attendance of those meetings.

Thank you for clarifying that for me. I understand better now.

Members, do you have any additional questions or comments for corporation counsel in open session before we consider entering into executive session? Member Rollins Fernandez.

Mahalo, chair. And, my, children who are minors and husband, are home now, for the disclaimer. And then mahalo for, mahalo member Palton for asking that clarifying question so that we understand the parameters in which we'll be going into executive session. So I guess my request to you, chair, is that you, you know, you keep us run a tight ship, keep us on the rails so that we're not going too deep into the details of the specific case because that's not what we're supposed to be doing. We're just gonna be talking about why deputy why corporation counsel is conflicted out and then come back into open session and make that decision.

Thank you, member Rollins Fernandez. Any further discussion? Seeing none, the chair will entertain a motion to convene an executive meeting in accordance with section 92 dash five a four Hawaii rights statutes consult with legal counsel on questions and issues pertaining to the powers, duties, privileges, immunities, and liabilities of the county, the council, and the committee, and section 92 dash five a eight Hawaii revised statutes to deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential pursuant to a state or federal law or a court order. Moved by member Cook. Seconded by member Sugimura.

Any discussion on the matter? Seeing none, all in favor of the motion, please raise your hand and say aye.

Chair, that's eight ayes, zero nos, one excused. Member Johnson, motion carries.

Thank you. For the record, the following personnel will be attending the executive session. Myself, committee chair, Kamanai Batangun, committee vice chair, Nohilani U'uhajans, council member Tom Cook, council chair Alice Lee, council member Tamara Palton, council member Keanee Rollins Fernandez, council member Shane Senensi, and council member Yuki Lei Sugimura. From the office of council services staff, Peter Hanaano, legislative attorney, Maria Leon, committee secretary. May I please ask corporation counsel to state who from the Department of Corporation Counsel or Administration will be in executive session and your titles, please.

This is Tom Colby. I will be attending as the, adviser from the CND on this matter. Chris Chrissy Tarmsten will be also in in, attendance as well as the Big Island attorney who we anticipate will handle the litigation, Steven Idemoto, and deputy chief Wade Maeda. K. Thank you.

Staff, is there anybody else that needs to be recognized? Yep. Alright. At this this time, chair would like to call for a ten minute recess to 02:55PM. We will convene in an executive meeting. This meeting of the government relations, ethics, and transparency committee is now in recess. The Government Relations, Ethics, and Transparency Committee meeting will reconvene. It is 03:10PM. Members, we have just completed our executive meeting on resolution 25 dash two one eight. Mister Hanano, please provide the summary in accordance with Hawaii Rise statutes section 92 dash four.

Thank you, chair. Your government relations ethics and transparency committee met, in executive session on resolution two five dash 28 to discuss with its attorneys the county's duties and liabilities and, the necessity of requiring special counsel, in this matter. Thank you, chair.

Thank you, mister Hanano. Is there any further discussion before the chair's recommendation? Seeing none, I would like to entertain a motion to recommend adoption of resolution 25 dash two one eight including any non substantive revisions.

So moved.

Moved by So moved. Member Woo Hajins and seconded by member Cook. Any further discussion? Okay. Seeing no further discussion, all those in favor of the motion, please raise your hand and say aye. Those opposed, no. Aye.

Chair, that's eight. Eight ayes, zero nos, one excused. Member Johnson. Motion carries.

Thank you. This item will move on to the full council for consideration. Alright. This concludes the government relations, ethics, and transparency committee meeting. Thank you very much, members. The time is now 03:12. Thank you, members. Appreciate it.

Good job. Congratulations on your

This committee meeting.