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INDEX
VOL. 47, NO. 171
16 PAGES
SPIETH, REED
SHARE
OPEN LEAD
SPORTS, 1B
Ford asks judge to reconsider ruling
in Leithead Todd case
Smoking at state parks soon to be illegal
Did voters know what they
were doing when they passed a
charter amendment requiring
the head of the Department of
Environmental Management to
hold an engineering degree or a
degree in a related field?
That question is at the heart
of a motion filed by the attor-
ney for former South Kona/
Ka‘u Councilwoman Brenda
Ford, who is asking 3rd Circuit
Court Judge Ronald Ibarra to
reconsider his May 26 rul-
ing that Mayor Billy Kenoi
and the County Council had
discretion to put Bobby Jean
Leithead Todd in that posi-
tion without the engineer-
ing or similar degree seem-
ingly required by the county
charter.
Kona attorney Michael
Matsukawa, representing Ford,
acknowledged that it’s rare for
a judge to reconsider a rul-
ing, but he believes it’s the best
move, considering the ramifi-
cations. He’s argued that an
engineering degree or a degree
in a related field are among the
minimum qualifications for the
position.
“As written, the court’s rul-
ing deprives the voters of their
choice by saying that the voters
did not understand the ques-
tion that they had voted upon
and therefore let municipal offi-
cers decide the charter amend-
ment’s meaning,” Matsukawa
said in his reconsideration
motion. “Further, the court’s
ruling could, in the future, be
applied to other circumstances
where the voters’ intent on a
charter amendment or initia-
tive comes into question.”
Voters in 2010 amended
the county charter to add the
requirement for “an engineer-
ing degree or a degree in a
related field” to the position
requirements for the environ-
mental management director.
Leithead Todd, an attorney,
holds a bachelor’s degree in
English.
Kona attorney Robert Kim,
representing Leithead Todd,
had argued the mayor is
Next month, parkgoers will have
to think twice before smoking or
vaping at Hawaii state parks.
Effective July 1, smoking or using
tobacco or e-cigarettes at state
parks will be prohibited following
the signing of House Bill 525 by
Hawaii Gov. David Ige on Friday.
The bill does include language that
the department can establish des-
ignated smoking areas.
According to the Department
of Land and Natural Resources
Division of State Parks, there are
14 state parks on Hawaii Island,
among them are Akaka Falls State
Park, Hapuna State Recreation
Area and Ke Kahakai State Park,
which is where Kua Bay is located.
“We have for many decades been
aware of the bad outcomes of sec-
ondhand smoking, and this allows
us to put one more impediment
into smoking too much. More
important, when you talk to peo-
ple who are users of the park, and
who are responsible for keeping
our parks clean, cigarette smoking
and cigarette butts is a huge, huge
challenge,” Ige said prior to signing
the bill, introduced by Cindy Evans,
D-North Kona and Kohala, and
Kaniela Ing, D-Kihei, Wailea and
Makena.
Evans did not immediately
respond for comment.
Also Friday, Ige signed into law
Senate Bill 1030 making Hawaii
the first state in the nation to raise
the age of sale of tobacco products,
including e-cigarettes, to 21.
The law, which will prohibit
the sale, purchase, possession and
consumption of tobacco products,
will take effect Jan. 1, 2016. A
Hawaii County law banning the
BY NANCY COOK LAUER
WEST HAWAII TODAY
BY CHELSEA JENSEN
WEST HAWAII TODAY
SEE
RULING
PAGE 7A
SEE
SMOKING
PAGE 7A
Ford
Leithead Todd
Visitors and locals enjoy Kua Bay or Maniniowali
on a sunny day.
LAURA SHIMABUKU/
WEST HAWAII TODAY
Emma Kozuma shows her chicken at the Hawaii County 4-H
Livestock Show and Auction Friday at the Mealani Research
Extension Station in Waimea.
PHOTOS BY LAURA SHIMABUKU/
WEST HAWAII TODAY
A goat is on display at the Hawaii County
4-H Livestock Show and Auction.
Fun at the
4-H show
ANNUAL
EVENT HELD
INWAIMEA
The show
continues
Today
8 am-12 pm
with an auction following
The public is invited and
admission is free.
