Posted on: Friday, June 15, 2001

Kaua'i Council questions legality of mayor's car lease

By Jan TenBruggencate
Advertiser Kaua‘i Bureau

LIHU'E, Kaua'i — The County Council will call for public testimony on whether Mayor Maryanne Kusaka should keep her new leased car and whether the lease was legal under the county charter.

At issue is the 2001 red Chrysler the county picked up earlier this year on a two-year lease for $15,813.

That's more than the county pays the mayor's office for an auto allowance, although the office had the money for the lease.

More crucial, according to both administration and council officials, is whether a two-year lease violates the Kaua'i County Charter provision that says any financial obligation extending more than a fiscal year must be approved by the council.

Deputy County Attorney Galen Nakamura initially said the office could lease the car as long as it paid the entire amount up front, in one year.

Yesterday, he conceded that the initial opinion may have been "imprudent."

In fact, if the car is turned in with excess mileage or excess wear and tear, the county would owe money, making it a multi-year obligation, he said.

The administration has asked the council to pass a bill allowing the two-year lease after-the-fact.

If the council does not pass it, Nakamura said, he will recommend the car be returned to lessor King Auto Center. The county would get the entire lease payment back, but would be liable for roughly a $7,000 payment representing the difference between the value of the Chrysler new and used.

Several council members said they are concerned about whether the mayor's office was trying to circumvent the charter.

"I'm not worried about the money. What matters is the process," said Councilman Kaipo Asing.

Councilman Daryl Kaneshiro said that if the mayor had just bought the car, there would have been no issue, since that would have been a one-year obligation.

"It's not about whether the mayor should have a car. I'd be happy to give her a car," said Councilman Gary Hooser. Legality is the larger issue, he said.

Council observer Raymond Chuan called the whole thing "ludicrous and shameful."