Maui ethics panel to mull Nishiki financial disclosure
By Ilima Loomis
The Maui News
Issues surrounding a financial disclosure by incoming County Council Member Wayne Nishiki will be on the agenda at a Board of Ethics Meeting on Dec. 17, The Maui News reported today.
The board will meet at 12:30 p.m. in the Planning Department Conference Room. The meeting date was changed so the board could meet in a larger space, anticipating a significant amount of public testimony, said Chairman Alan Kaufman.An attorney for Nishiki said controversy over the filing, which disclosed a $100,000 business loan from development firm Dowling Co. and was filed two-and-a-half months late, has been "overblown."
Glenn Kosaka, a Wailuku attorney and former corporation counsel, noted the 2005 loan occurred when Nishiki was not in office, and said it was not uncommon for candidates and government officials to miss the filing deadline, with no penalty.
"I just think everybody should let this thing travel its course through the Board of Ethics," he said.
In addition to Kosaka, Nishiki is being represented by attorneys Isaac Hall and James Takayesu, also a former corporation counsel.
Nishiki was required by the county Code of Ethics to file the form within 15 days of the date he became a candidate for office on July 15. He missed that deadline and eventually filed it on Oct. 16, after numerous calls from the county Corporation Counsel's office and a letter from the Board of Ethics warning it would take action if he didn't file within a week.
While Nishiki filed the form with the board, the disclosure wasn't publicly available until it appeared at the board's next meeting Nov. 12, a week after Nishiki narrowly defeated challenger Don Couch for the South Maui council seat.
Nishiki also did not file the form as required with the County Clerk's Office, where it would have been available to the public immediately.
Kosaka said Nishiki complied with the Board of Ethics demand letter, which was issued after Nishiki's failure to file was discussed at an Oct. 8 meeting and set the Oct. 16 deadline.
"He filed within the time specified," he said. "Mr. Nishiki received a letter from the board saying, 'Listen. File it before the 16th or there's going to be a charge.' And he did file it."
Kosaka said he had researched how the state Ethics Commission had dealt with similar cases of state candidates and officials filing their disclosure forms late.
"Only one person ever got fined, and the fine was $50," Kosaka said.
At its Dec. 17 meeting, the Board of Ethics will hear public testimony, discuss the filing and could take action a letter it is drafting advising Nishiki that the loan could present a conflict of interest in voting on Dowling projects.
In general, the board has the power to issue fines of up to $1,000 for violations of the Code of Ethics. It also has the authority to initiate impeachment proceedings for elected officials.
But Hall suggested those penalties would not apply in this case.
"The rules of the Board of Ethics do not have a penalty for late filing," he said. "The only penalty provided for in the Board of Ethics rules is if someone fails to provide a disclosure statement at all."
Asked whether Nishiki would appear at the upcoming ethics meeting, Kosaka said, "I don't see any reason why he shouldn't be there."
* Ilima Loomis can be reached at iloomis@maui news.com.
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