Government Relations, Ethics, and Transparency Committee - Regular Meeting

Thank you.

Will the Government Relations, Ethics, and Transparency Committee meeting of September 1st, 2026 come to order? It is 1.34 p.m. I am your chair, Kawinai Batongan. Members, in accordance with the Sunshine Law, please identify by name who, if anyone, is in the room, vehicle, or workspace with you today. Minors do not need to be identified. Committee Vice Chair, Nohelani Uhuhajens.

Good afternoon, Chair. Good afternoon, everyone. I'm alone in my private vehicle, but at a public space. At about 2 o'clock, school will let out, and at that time, I will turn off my camera, pick up my child, and drive home. But other than that, I will be here and listening. Thank you.

Thank you, Vice Chair. Councilmember Tom Cook is excused for now. He will be joining us shortly. Councilmember Gabe Johnson.

Aloha, Chair, Council Members, community members. There's no testifiers at the Lanai District Office. I'm alone in my side of my workspace, and I am here and ready to work.

Thank you, Chair. Thank you, Member Johnson. Council Chair Alice Lee will be excused for now. Oh, is she on? Oh, she's been waiting. Okay, I'll circle back to Chair. Council Member Tamara Paulton.

Kia ora, kākou, and aloha wīna lā.

Thank you.

Is Council Member Rollins-Fernandez online or in the weight room? Okay, she'll be excused for now. Council Member Shane Tenente.

Aloha wīna lā, Chair. I'm here at my home private office. I'm here by myself, and there are no testifiers and monitor.

Thank you, Member Sinensi. Council Member Yuki de Sugimura will be excused for the entire meeting today. So that takes us back to Chair Lee. Kia ora, Chair.

Kia ora. Aloha, and I'm in my workspace alone. I do have a hard stop at 3.30. Is that okay?

Yep, we'll still have quorum.

Okay, thank you.

Thank you, Chair. Okay, so with us from Corporation Council, we have with us... filling in today, not his fifth or sixth final or whatever we're at now, Deputy Corporation Counsel Tom Colby. Welcome back. He's filling in for Mr. Rowe, who will be the assigned deputy for this committee moving forward. We also have with us Deputy Corporation Counsel Gores. Kia ora. Thank you, Mr. Chair. And then we have with us from the Maui Police Department, Deputy Chief of Police Maeda. Thank you, Chair. Thank you. And then we have with us from our great committee staff. We have with us our great committee staff. Kia ora, everybody. Please see the last page of the agenda for information on meeting connectivity. Members, we have before us Resolution 26-141, which would authorize the Department of the Corporation Council to settle the federal lawsuit titled Gershom Slonim v. County of Maui, United States District Court Case 26-CV-00231-DKW-RT. This action involves claims under the Uniformed Services Employment and Reemployment Rights Act USERRA and Hawaii Vice Statute Section 88-132, alleging the county failed to make required retirement and pension system contributions following the plaintiff's military service with the U.S. Air Force. Along with Deputy Corporation Counsel John Gores, we have with us today Deputy Chief of Police Wade Maeda to address questions from the body. Gentlemen, can I ask for opening remarks at this time?

Thank you, Mr. Chair. On May 16, or May 12, 2026, Mr. Slonim filed a complaint in the United States District Court asserting claims for his ERS contributions, damages, and attorney's fees. alleging violations of the Uniformed Services Employment and Reemployment Act of 38 United States Code 4301 and Hawaii Revised Statute Section 88-132. Essentially, Mr. Slonim was employed by the Maui Police Department. In 2015, January of 2015, he enlisted in the Air Force according to the allegations. And on January 27, 2015, it's alleged he left for basic training. Mr. Slonim apparently returned in January of 2019. He alleges he was honorably discharged and asserts that he was entitled to ERS contributions by the county. Mr. Slonim resigned his position with the police department in 2021. He currently resides in California. That's our understanding. And my understanding is he also cashed out his ERS account a while back. We did receive a confidential rule federal rule 408 settlement demand from the plaintiff's attorney on August 11 2026 which is why I submitted Rezo 26 141 on August 14th for consideration and discussion with the council. Thank you. Thank you Deputy Chief.

Any opening comments. Thank you very much. At this time, I'd now like to recognize Member Rollins-Fernandez. Kia ora.

Kia ora. Aloha wina ala kakou. I'm at my private residence, sweating bullets. It's so hot here. And I'm alone in my workspace. My two minor-aged children will likely be coming home in about a half hour, as well as my husband, McKenna Fernandez. There are no testifiers at the Moloka District Office. Mahalo, Chair.

Mahalo, Member Rollins-Fernandez. At this time, let's receive public testimony. Staff, is there anybody signed up to testify?

Thank you, Chair. Yes, we do have one person signed up to testify.

Okay. Can you please call them up? Oh, actually, I gotta read the disclaimer. One moment. Testifiers wanting to provide testimony should sign up in the lobby, join the online meeting via the Teams link, or call into the phone number noted on today's agenda. Written testimony is encouraged and can be submitted via the e-comment link at maui-county.us slash agendas as well. Under the Sunshine Law, the chair will receive oral testimony for agenda items as the item is called up. For individuals wishing to testify via Teams, please raise your hand by clicking on the raise your hand button. If calling in, please follow the prompts via phone, star five to raise your and lower your hand, star six to mute and unmute. Staff will add names to the testifier list in the order testifiers sign up or raise their hands. For those on Teams, staff will lower your hand once your name is added. Staff will then call the name you're logged in under or the last four digits of your phone number when it is your time to testify. At that time, staff will also enable your microphone and video. Please ensure your name appears in Microsoft Teams as the name you prefer to be referred to or as anonymous if you wish to testify anonymously. If you're in person, please notify staff that you would like to testify anonymously. Otherwise, please state your name for the record at the beginning of your testimony. Oral testimony is limited to three minutes per item. If you're still testifying beyond that time, I will kindly ask you to complete your testimony. Once you're done testifying, or if you do not wish to testify, you can also view the meeting on Akaku, Channel 53, Facebook Live, or MauiCounty.us slash agendas. We will do our best to take each person up in an orderly fashion. Now, staff, can you please call up the testifier?

Thank you, Chair. The first individual we have calling in to testify is calling from extension 4945. And caller, you can press star six to unmute yourself and begin your testimony.

That's me, Jesse Law. Chair, first of all, I'd like to talk about a point of order. I was not able to participate in the budget meeting this morning. I didn't even know there was a meeting this morning because once again, some members of the public are not being afforded the same rights as other people, the rich people that have computers and the rich people that some of the council members are in contact frequently with. So having said that, just trying to get some quick comments here, just my short testimony I heard what you guys were talking about. Sounds like to me like somebody was over here working and then they went back to the mainland. I have inside information. I cannot be verified that the guy did something, I wouldn't say wrong, but he kind of... He had to leave the police department for...

He came from the whole thing.

Yeah, so without stepping into the police... I support my local police department. So the problem is it pretty much comes down to money here. It's like, so if it was just Maui money, we probably wouldn't have as much problems and we could just tell them, no, go back. You know, you're not getting nothing from us. And Maui money, I mean, the kingdom of Hawaii money from the Royal Treasuries. So it's kind of like really confusing to figure out something intelligent to say kind of what I'm trying to figure out still is which government is in control of Maui. And control is not the right word because we know the guys with the guns are in control. So it adds another layer of confusion to because if the federal government pays the county to pay the police department to buy guns, And which government are we following? So, man, I don't know. I would just say, and then my personal testimony is that I recognize the lawyer's voice. I kind of like him and I would just like to say hello to him. And I think he's doing a good job. Just be phone-o. Thank you for trying to straighten this thing out. Try to follow the Hawaii laws more than the federal laws because they're just going... They're going crazy over there in the federal government. And so you guys kind of give the lawyer a little bit of assault for what he says. Assault as in they're like a flavoring assault. And so I just would like to, one personal experience with him, I actually saw him at Walmart the other night. if that's the lawyer i'm talking about and i wanted to say hi and talk stories like real quick to chat with them like even for two minutes but knowing how the the lawyers and bosses over there in the court council office have probably put a like a like trying to blackball me from the county because nobody wants to talk to me anymore mr law yeah i don't know if you could hear the timer but it just went off can you please conclude Well, that's what I would just like to say is it's kind of unfortunate that I wish I could give you guys some kind of help on this, but I'm being cut out slowly, cut out of the equation, and I don't like it. And so you guys try to listen to the public more, and it might help with your decision to what you're doing. Remember, it's the public's money that you're spending on all this stuff. Thank you very much.

Members, any questions for the testifier?

I wonder if this flows at a location. There are two other adults here with me.

Okay, are they wishing to testify at this time?

You want to testify? No. Once again, they don't know. They were asking me what it was about, but I couldn't tell them. I was trying to tell them what it was about. I see. So I couldn't tell them what it was about. So they don't want to step on their tongue.

Understood. Thank you very much, Mr. Law. Staff, can you please call up the next testifier?

Thank you, Chair. There's currently no one else signed up to testify. Can you please do a last call? If there's anyone in person that would like to testify, please come up to the podium, or if you're online, please use the raise your hand function and staff will unmute you. This is the final call to testify. Three, two, one. Chair, no one has indicated they wish to testify.

Thank you. Members, seeing as there are no more individuals wishing to testify, without objection, I will now close oral testimony for this item. All right, see no objection. I will now close public testimony. As a reminder, written testimony will continue to be accepted. Before we get into deliberations, I'd like to recognize Member Cook. Or do you need a minute to get settled first? Okay, so we can start with our first round of questions. I'll propose three minutes and then we can discuss a executive session. I would say as needed, but it has been requested by Corp Council, so know that there will be enough. We will likely go into that. I'll just work my way down the row. Chair Lee, do you have any questions for open session?

Not at this time, thank you.

Yep, thank you. Member Sugi-Morris is excused. Member Paltin.

Thank you, Chair. I don't know if this is open session, but can you clarify what you meant when somebody said he cashed out his ERS?

Mr. Gore, is that what came from you? Would you care to clarify?

Thank you, Mr. Chair, Council Member Poulton. After we received this lawsuit, we learned that Mr. Slonim had actually gone to ERS and cashed out what was in the account for him.

I didn't know you could do that. Can I do that with my account? Oh, I cannot. How come he can?

That's what he did.

So everybody else cannot, but he did. That's how he knew he didn't have the contributions while he was at the military?

I can't speculate how he knew. All I can say is after we got served and we did our due diligence, we learned he cashed out his account.

And then the complaint said willfully and knowingly violated usura something something. How does he know that we willfully and knowingly did that?

that's an allegation that he would have to prove in the lawsuit.

What if it was a mistake? I mean, then it's not willfully and knowingly, but it's the same kind of result, right?

I would like to discuss that aspect in an executive session since it does implicate the rights obligations.

Could you discuss in executive session if I could cash out my ERS?

I don't know if I can give you that legal advice or if it would be even prudent at this point.

Okay, because I have 20 other years aside from this thing. So, I mean, I was non-contributory, so it's probably not that much, but I think that's all my questions for open session.

Thank you, Member Paulton. Before moving on to Member Johnson, I'll recognize Member Cook at this time. Good afternoon, Chair. Good afternoon, Member Cook. Member Johnson, any questions for open session?

Well, just one open session question. I mean, can you cash out before you reach 10 years? Is that a policy? I know Council Member Paltin's asking about her particular one, but I never heard of that. What do I know? I'm not at that point thinking about cashing out.

Uh, I'm definitely not the right guy to answer this, but yes, you can if you don't plan to make 10 years and get vested. you can withdraw the contributions that you made. I would have to defer to personnel services on what happens. I believe that the contributions from the county are lost in that instance.

Yeah, I think all my questions are more relevant for that in open session and that's not really on the agenda today. So I'm just gonna hold my tongue and move on and wait for executive session, thank you.

Thank you, Member Johnson. Member Rollins-Fernandez.

No.

Love the efficiency. Member Cook. No, Chair, I have no questions. Okay, thank you. Vice Chair Uhu Hodgins.

Thank you, Chair. Unless I missed it while reading his complaint, how long did he work for MPD?

I'll defer to either of you. Mr. Gores, Deputy Chief.

Thank you, Mr. Chair, Council Member Uhudjian. My understanding is he had 10 years in. Okay.

Okay. I think that's the only open session question I have for now. Thank you.

Okay, then, Member Johnson, there's a fair chance I gave you bad information.

Okay, well, I can reach out personnel on my own time. I don't want to take over this meeting. Thank you. Thank you. All right, members and NC.

Thank you, Chair. I did see that he was under the 90 days in the military. How long was his total stint in the military?

Or Mr. Gorse?

Thank you, Mr. Chair, Council Member Sinensi. It's my understanding he spent four years in the military.

Okay. All right. Thank you. That's my only question.

Thank you, Member Sinensi. I guess, Mr. Gores, can I follow up on that? So he was with the department for however long, over 10 years. He was on active duty for those four years or he was just enrolled in the military for that long?

Mr. Chair, my understanding is based on the complaint is that he did basic and he was in active duty for four years in the Air Force and then he came back in 2019, January 2019.

So the period in which we are alleged to have not made the required contributions to his retirement account are for four years?

That would be correct.

That's the allegations. Okay, thank you. I don't have anything else. I'll do a last call for open session questions at this time and if not We do have a request to go into executive session. So would somebody like to make a motion to that effect? I See chair Lee and then members and NC. Can I take that as a second? Perfect. Thank you so members We have before us a motion to go into executive session that would be in accordance with section 92-5A4 Hawaii Vice Statutes to 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 92-5A8, Hawaii Vice Statutes, to deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential person to a state or federal law or a court order. Again, the motion was made by Chair Lee, seconded by Member Sinensi. Any discussion on the matter? Seeing none, I'll call for the question. All in favor, please raise your hand and say aye.

Aye.

Chair, you have eight ayes, zero noes. Member Sugimura excused, motion passes.

Thank you. Okay, for the record, the following personnel will be attending the executive meeting. All council members in attendance, that's myself, committee chair, Councilmember Tongan, committee vice chair, Councilmember Tom Cook, Councilmember Gabe Johnson, Council Chair Alice Lee, Councilmember Tamara Poulton, Councilmember Kiani Rollins-Fernandez, and Councilmember Shane Tenancy. From the Office of Council Services, we have Peter Hanano, legislative attorney, Maria Leon, committee secretary, and Josh Eddington, legislative analyst. May I please ask Deputy Corporation Counsel, either of you, to state who from the administration will be in executive session with us today.

Thank you, Mr. Chair, Deputy Corporation Council Tom Colby, Deputy Corporation Council John Gores, and Deputy Chief Wade Maeda.

Okay, thank you very much. Steph, did I cover everything? Okay, at this time, Chair would like to call for... Oh, I see.

Sorry, it's me here. So I'm going to... I'm going to pick up my son in a few, and then I'll be home in about 15, 20 minutes, and I can participate then. But up until that point, I will not be alone. I will have my son in the car, so I can participate when I get home, and I'll be in front of my computer, and at that time, I'll be alone. I don't want to hold anything up, so if you guys want to continue, I will just jump on when I do get home.

Understood. Staff, mechanically, are we able to admit her at that time? Okay, sounds good. All right, so I think that's everything. We took the vote. Okay, so I will call for a five-minute recess so we can get settled and then reconvene in executive meeting. Yes, Member Rollins-Fernandez.

I fully support including a member into our executive session. My question is, how will we know when she's ready to jump into executive session? And the reason I ask this question is because I wasn't allowed to join executive session when I was not included from the beginning. So I just like to know how this would work so that in the future, I cannot be excluded.

I have no idea. Mr. Hanado?

Well, I'm not sure of the prior situation that Member Rollins-Fernandez was in, but Member Uwohajin is here now, and we're about to go into it, so I don't think it's a problem if we allow her to join.

she's available while we're inside executive session we're not supposed to have communication with anyone outside of executive session i think that's the part i want her to be included but i also want to be included in the future the way we will be including her

yeah chair i think what would happen just mechanically is that i will not be in the executive meeting so i'll be watching the meeting from outside so when member logs on then i could move her into the executive meeting okay so mechanically we know it can work and then i guess legally she was included in the list of attendees during uh when we took the vote is that everything that we need to okay

This is all good information because I took the vote as well. So I should have been included. But now we know how to include someone if they're not already in executive session. Mahalo, Chair.

Mahalo, Member Rollins-Fernandez. Okay, so I will call for a five-minute recess. We'll reconvene at 2.05 in executive meeting. This meeting of the Government Relations Ethics and Transparency Committee is now in recess.

Thank you. you

The Government Relations, Ethics, and Transparency Committee meeting will reconvene. It is 3.01 p.m. Members, we have just completed our executive meeting on Resolution 26141. Mr. Hanano, can you please provide the summary in accordance with Hawaii Vice Statute section 92-4?

Yes, Chair, thank you. Your Government Relations, Ethics, and Transparency Committee met in executive session on Resolution 26-141. to discuss with his attorney the county's powers duties privileges immunities and liabilities case strategy including an assessment of the strengths and weaknesses of the case and settlement authority and settlement efforts to date thank you chair thank you mr. Hanano members is there any further discussion before I offer the chair's recommendation

Okay, seeing none, I would like to entertain a motion to recommend adoption of Resolution 26-141, including any non-substantive revisions. So moved. Moved by Member Cook. Second. Seconded by Chair Lee. Any discussion on the motion, members? Okay, seeing none, all those in favor of the motion, please raise your hand and say aye.

Aye. Chair, that's eight ayes, zero nos. Member Sugimura excused. Motion passes.

Thank you. All right, members, this concludes the Government Relations Ethics and Transparency Committee meeting. Thank you very much. The time is now 3.02 p.m. This great committee meeting is adjourned.