Dear Governor Green,

Recent allegation of sexual misconduct by DLNR director Ed Underwood and a settlement payment of $45,000 from public funds to the female accuser is a black eye on your administration and attorney generals office that apparently was aware of the sexual abuse for a long time before the abuse became public.

It has also been alleged that Underwood committed criminal fraud by violating statutes relating to live aboard permits at the federally subsidized public trust asset Ala Wai Small Boat Harbor, the misappropriation of fees paid by expectant permittees, where no new permits have been issued by DLNR since 2017, costing the boating fund approximately $4.2 million in lost revenues. Those lost revenues must now, according to Underwood, be made up in the form of new insurance requirements imposed on the boating public, taxpayers.

Addressing misconduct within your administration, especially of such a serious nature involving both sexual abuse and financial fraud, requires a nuanced approach that balance legal considerations, public trust, and the integrity of your administration. As Governor, your actions should demonstrate a commitment to accountability, transparency, and ethical leadership.

I would like to offer you a general framework for addressing this situation, Here is a broad outline of steps you might consider to demonstrate your commitment to accountability, transparency, and ethical leadership:

1. Independent Investigation

• Initiate an independent investigation into the alleged fraud to understand the full scope of the misconduct. Ensure the investigation is led by an external party with no ties to the administration to maintain impartiality.

2. Administrative Leave

• Place Ed Underwood on administrative leave during the investigation to prevent any further potential harm or misconduct. This is a standard practice that protects the integrity of the investigation and all involved parties.

3. Legal and Ethical Consultation

• Ethical considerations should guide your response. Consulting with ethics boards or commissions may provide valuable insights into the appropriate course of action.

4. Communication Plan

• Develop a communication plan to address public and internal concerns. Transparency is key in maintaining public trust, but be mindful of privacy laws and the ongoing investigation. Communicate what actions are being taken without divulging sensitive or potentially prejudicial information.

5. Action Based on Findings

• Depending on the outcome of the investigation:
  1. If misconduct is confirmed, take decisive action that could include termination of employment, referral to appropriate legal authorities if crimes were committed, and recovery of lost funds if possible.
  2. If Underwood is cleared of wrongdoing, carefully consider his reinstatement, taking into account any lingering concerns from staff or the public.

6. Review and Reform

• Review policies and procedures to understand how the misconduct was allowed to occur and to prevent future incidents. This may involve updating codes of conduct, improving oversight mechanisms, and enhancing whistleblower protections.
• Implement reforms to address systemic issues and improve the organizational culture, reinforcing a zero-tolerance stance on misconduct.

7. Stakeholder Engagement

• Engage with stakeholders, including victims, employees, and the public, to rebuild trust. Consider the needs and perspectives of those boaters by the misconduct in your response.

8. External Communication

• Transparently communicate the steps taken to address the situation, the outcomes of the investigation, and the measures implemented to prevent future incidents. This can help restore confidence in your administration.

Finally, avoiding criminal charges to protect the administration or other individuals can have long-term negative consequences on you and your administration, for public trust and governance. Ensuring accountability and taking corrective action is paramount. Always prioritize ethical considerations and the well-being of those in the boating community and taxpayers affected by the alleged misconduct and bring to justice if necessary anyone in your administration who committed any crimes.

Those of us in the boating community would like to believe that you are not only our governor, a doctor, a man of integrity and trust with zero tolerance for the kind of misconduct that Underwood has been alleged to commit.