WAILUKU - Pukalani resident Michael Covich has filed a complaint with the Maui County Board of Ethics against Council Member Wayne Nishiki.
Nishiki failed to comply with financial disclosure requirements by missing the filing deadline in the Maui County Charter, Covich said in a letter to the board. He asked for a formal investigation of the issue and urged the board to recommend Nishiki's impeachment.
The letter is scheduled to be discussed in executive session at the board's meeting scheduled for 12:30 p.m. Wednesday in the Planning Department conference room.
Nishiki's attorney, Glenn Kosaka, declined to comment.
The board's immediate options include dismissing the complaint, or holding an informal hearing to determine if there is probable cause to hold a formal hearing on the matter.
As a County Council candidate, Nishiki was required to file a financial-interest disclosure with the Board of Ethics and the Office of the County Clerk within 15 days of filing nomination papers to run for office July 15.
Nishiki failed to comply with the deadline and filed his financial disclosure form with the board Oct. 16. The form was filed only after the board had repeatedly requested that he file with six phone reminders and a written warning.
The disclosure form was not filed with the County Clerk's Office, as is required, where it would have been readily available for public review.
Because the Ethics Board did not review the form until its scheduled meeting on Nov. 12, the information in his disclosure form was not revealed until after the Nov. 4 election.
The form showed Nishiki had received a $100,000 personal loan from development firm Dowling Co., which is a partner in the disputed Makena Resort project.
For Nishiki, the revelation raised a number of questions over his campaign claims of independence and integrity. During the council campaign, Nishiki had repeatedly criticized his opponent, Don Couch, for accepting campaign contributions from businesses and developers.
The disclosure also raised questions about Nishiki's personal finances. While supporters have said the notoriously disorganized Nishiki simply forgot about the deadline, Covich's complaint points out that Nishiki filed timely disclosures in his last three elections for council, in 2002, 2000 and 1998.
"He can hardly claim to be unaware of the requirements, or too disorganized to comply with them," Covich wrote.
Also on the board's agenda for Wednesday is the continuation of a discussion about a letter advising Nishiki that the Dowling loan could present a conflict of interest, and suggesting how he should mitigate the conflict.
The agenda also includes a review of Nishiki's complaint that board Chairman Alan Kaufman is biased against him, and his request that Kaufman be disqualified from discussing his case.
Ilima Loomis can be reached at iloomis@mauinews.com.
