Maui Board of Ethics declines action on complaints against Council Member Tom Cook

The Maui County Board of Ethics voted 6-0 Wednesday to decline processing two new complaints against Council Member Tom Cook, finding the identical allegations lacked foundational requirements for a formal hearing.

The decision effectively ends — for now — a dispute over the South Maui member’s former private sector employment as a construction consultant, as the board concluded the complaints mirrored previously heard allegations and, in one instance, were “speculative, hypothetical and not based on factual circumstances,” according to Lauren Akitake, executive director/legal counsel of the Board of Ethics.

The board, which reached its decision in a closed executive session, noted that Cook had previously obtained a formal advisory opinion (23A-15) about his outside employment, Akitake said. The board referenced that: “If any officer or employee, or former officer or employee, obtains an advisory opinion from the board and acts accordingly, or acts in accordance with the opinions of the board, the officer or employee shall not be held liable for violating this article.”

“I appreciate the Board of Ethics for once again reviewing these matters carefully and upholding the principles of fairness and due process,” Cook said in a statement. “This decision reaffirms what has been clear from the start; that I have acted in full compliance with the County’s Code of Ethics and with complete transparency in my service to the people of Maui County.”

The core conflict

The complaints focused on Cook’s former employment as an independent contractor providing construction-related consulting services exclusively to LC Hauling LLC. According to Cook’s office, LC Hauling has not received any Maui County government contracts.

Among other things, the complaints referenced the Maui County Charter‘s “prohibitions” section. Under Article 10 Section 10-4.1(c), no officer or employee of Maui County may “engage in any business transaction or activity or have a financial interest, direct or indirect, that is incompatible with the proper discharge of the officer’s or employee’s official duties or that may tend to impair the officer’s or employee’s independence of judgment in the performance of the officer’s or employee’s official duties, or take any official action in which the officer or employee has a direct or indirect financial interest, including participating in deliberations.”

Background of the allegations

The allegations stem from Cook’s outside employment with LC Hauling LLC, which performs excavating, grading and structural concrete construction services for private entities. According to the complaint, Cook was paid a flat rate of $8,000 per month for services that included reviewing construction plans, estimating material quantities and conducting site assessments.

Cook, who holds the Council’s South Maui residency seat, sought guidance from the Board of Ethics shortly after his election in 2022. He submitted a request for an advisory opinion on Jan. 17, 2023, asking whether his consulting work was incompatible with his role as a newly elected council member. In an opinion dated Oct. 6, 2023 (Advisory Opinion 23A-15), the board ultimately found that the work was compatible.

Despite this ruling, a sworn complaint (Complaint No. 24-3) was filed against Cook by resident Johann Lall on Jan. 15, 2024. This complaint did not allege an actual past violation, but contended that Cook’s significant monthly income of $8,000 from LC Hauling LLC and his position as chair of the Water and Infrastructure Committee created a continuous, inherent conflict that could grant unwarranted consideration to interests of the construction companies paying his employer.

In written testimony submitted in August, Lall explained his position that the “prohibitions” section of the Charter aims to ban not only corrupt activity, but to also prevent corruption. “It does this by banning a public servant from having a conflict of interest to begin with,” Lall said. “The rule doesn’t say a conflict is acceptable as long as you don’t act on it. You just aren’t allowed to have the conflict.”

Resolution and council member’s details

In response to the controversy, Cook’s office confirmed that he resigned his employment from LC Hauling on Aug. 16, 2025, to “prevent further unwanted attention directed at his former employer.”

Cook clarified that his role at LC Hauling LLC was strictly as a project estimator. “My work with LC Hauling LLC was strictly as a project estimator, where I assessed the cost of construction projects unrelated to County contracts or projects before the County Council for approval. At no time did I provide services that dealt with County of Maui projects or matters,” he said. Cook’s office also noted that since his election in 2022, no item has come before the Maui County Council in which he has formally disclosed an interest or recused himself from voting.

The day before Wednesday’s Ethics Board meeting, the council member characterized the complaint against him as “ongoing politically motivated libel that has targeted his professional and personal reputation.” In response to a query from Maui Now, Cook’s office said he has not filed a civil complaint in 2nd Circuit Court seeking damages for libel or defamation.

Cook emphasized that despite the “repetitive, baseless complaints,” he concentrates on the needs of the public. “My focus remains where it belongs: on rebuilding, strengthening, and serving our Maui County community with aloha, accountability and integrity,” Cook said.