Harris nominee Jan Sullivan
Harris nominee Jan Sullivan
Officials with the Sierra Club, Hawaii's Thousand Friends, the League of Women Voters and Common Cause Hawaii plan to testify about the land use attorney when the confirmation comes before the City Council on Wednesday.
Several Council members have also criticized Sullivan's nomination. Councilman Steve Holmes likened the situation to the fox guarding the chicken coop.
Sullivan, 39, a McCully native, says she doesn't understand the fuss.
She makes no apologies about being a successful land use attorney and is proud of her work.
"I've been very comfortable here," Sullivan said during a recent interview at her high-rise downtown office. "I've been lucky to have a good practice."
Over the past 13 years, Takeyama and Sullivan has been among the most successful land use law firms in the state. Roy Takeyama, her father and a prominent attorney, retired five years ago.
They've represented development interests including Herbert Horita on projects including Ko Olina Resort and Royal Kunia.
They've also represented Nansay Hawaii and others with hotel development interests along the West Hawaii coast on the Big Island.
Her opponents say that's the main strike against her.
"The City Charter says you need to have planning experience and I don't necessarily believe doing attorney or consultant work on behalf of clients offers the type of experience required," said Donna Wong, executive director of Hawaii's Thousand Friends.
"The Sierra Club is concerned that her background does not sufficiently demonstrate that she will be looking out for the best interest of the environment and the public," spokesman David Frankel said.
"The main problem is she has a conflict of interest," said Larry Meacham of Common Cause Hawaii. "She has been working for developers who have approvals pending before the Council."
It's a point that also has been made by Zoning Chairwoman Donna Mercado Kim, who has also criticized Sullivan's nomination.
"An architect is not as much involved in the approval process, actually carrying out the approval process," Common Cause's Meacham said. "The lawyer is actually running the process of approval."
At the very least, Meacham said, Sullivan would need to recuse herself from cases, rendering her position useless. At worst, "there is the possibility that there would be a perception, or even reality, that she is treating those proposals more favorably," he said.
That won't happen, Sullivan said.
She represented her clients to the best of her ability, she said, but she's divested herself of those clients' interests now.
"I try to do the right thing, I don't want to see Hawaii spoiled or wrecked," Sullivan said. "I feel like it's almost silly to be saying that because that's really what people could actually think."
University of Hawaii law Professor David Callies, who taught Sullivan more than 15 years ago but has had minimal contact with her since, agreed.
"Jan Sullivan is a bright attorney and has been doing work in the land development field a long time," Callies said.
"When you're writing stuff, you have a perspective because that's your client. I don't see any reason why she wouldn't do a fine job here because the city is going to be her client. That's the mark of a good lawyer."
Sullivan said the Council is the decision-making body on major land use decisions, while the department makes recommendations.
She said simplifying the planning process is a major priority.
"My own philosophy is that zoning is oftentimes viewed as the overall cure-all for a lot of problems or issues in society but it was never meant to be that."
There is a need to balance the protection of the environment with a "reasonable and responsible regulatory system," she said.
"I think what has tended to happen over the years is that we've added layer upon layer upon layer. Perhaps not even on purpose, but it's really compounded over the years."
A person can't even put a sign in front of a shop without a consultant, she said. "I don't think anyone's benefiting from regulating to this degree of detail."
Sullivan's views on overregulation echo those of Harris, who has emphasized streamlining the land use and building processes.
Several of Sullivan's critics said that has been a problem and say predecessor Patrick Onishi has not helped the matter.
Sullivan said she's contemplated entering public service for a while.
"If I have one complaint about my generation, it's that we take too many things for granted," she said.
She points out her first real job was as a legal secretary for the activist group Life of the Land in the late 1970s "when they were a lot more active."
Sullivan also notes that she worked for free for Leeward homeowners fighting the installation of overhead transmission lines in Leeward Oahu and served on the boards of nonprofit groups.
Department: Land Utilization