ALL AROUND THE MULBERRY BUSH: Sometime you've gotta wonder what's up when it comes to our state judiciary.
No, we're not talking about the scandal plagued sheriff’s division or the "we be's" who populate the offices and act as if they own the process, if not the judges themselves. No, it's not the probation department that thinks that "field work" is going hunting and fishing on weekends.
If you want to know what plaguing our state's courts just look at the actual rulings of some of the men and women wearing the robes.
Today's decision by the newly reinvigorated Hawai`i Intermediate Court of Appeals (ICA) overturning 5th Circuit Court Judge Randall Valenciano's ruling that allowed the Republican party to "replace" a candidate for the 14th House District who intentionally filed and withdrew just before the deadline, is a case in point detailing how politics often rules the courthouse roost.
The problem is that rather than sort out what the law really is trying to say, they simply shirked that responsibility and disqualified the original candidate for not completing his application.
As Mina Morita- the one who then held the 14th district seat at the time and eventually won reelection- said at the time:
Simply put, Hamman did not file nomination papers for the District 14 House race by the close of the filing deadline because he withdrew on July 19. And, there was no way he could because he filed his nomination papers for the Senate race and a person cannot run in more than one race. The Republicans did not have a candidate qualified for the ballot for the District 14 House race at the close of the filing deadline, therefore, no candidate vacancy exists to allow Harry R. Williams to run as a legitimate candidate.
We went a little further in explaining the way the law leaves room for interpretation, citing Hawai`i Revised Statutes (HRS) 11-117 and 118 as well as Hawai`i Administrative Rule (HAR) Chapter 3-173-1 to explain the mess and in addition mentioned that it wasn't the first time the ambiguity in the law had caused a musical chairs brouhaha at the filing deadline. Two years previously, in the case of Kirk Caldwell, the same lack of clarity squeezed him out of candidacy in any election as the "resign to run" law did its dirty work.
We won't bore you by repeating the technical explanation here again, but we will say that in between the Caldwell and Morita fiascoes, the legislature sat around with their thumbs up their butts, kow-towing to the churches, who had their noses in proximate climes over civil unions.
And as if to reiterate that inaction isn't just a mistake at the Capitol but is a carefully planned result of the Hawai`i legislative committee system, remedial bills weren't even scheduled for a hearing during the session following the Morita-Hamman mess.
Now we haven't seen the decision yet, but if the press reports are correct, the ICA didn't bother to tell the legislature to get its act together and clarify the law - as the appellate courts are wont to do on occasion- so we don't have to go through this again in 2012. Instead they decided the case based on a lack of sufficiency in the application itself, virtually saying "we won't touch this political football" even to say the law is unclear on process thus leaving the matter flapping in the wind.
So when the legislature fails to act again this January and the filing deadline comes around next year, expect yet another debacle consisting of candidates waving competing sections of law at each other and the chief elections officer. And don't worry- we'll be here with the distinctly unsatisfying chance to once again say "we told you so."
Showing posts with label Mina Morita. Show all posts
Showing posts with label Mina Morita. Show all posts
Tuesday, October 25, 2011
Thursday, April 28, 2011
FEED YOUR HEAD
FEED YOUR HEAD: It never fails to amaze how may ways the Hawai`i state legislative system stinks.
It's bad enough when a great bill gets to a conference committee and collapses because no one can agree on a version. But it happens. And it's worse when the rules allow one graft-addled schmuck to kill it.
But of course the ultimate stomach-churner is the poison pill that comes out of nowhere to take a fine piece of legislation that has waited years for its day in the sun and turns it into a revolting piece of crap.
This years toxin-toting villainous vexation comes courteshttp://www.blogger.com/img/blank.gify of Senator "Dr." Josh Green who has stolen the pilot program to establish medical marijuana distribution centers and is using it to kill virtually the whole medical marijuana program.
According to yesterday's Honolulu Star-Advertiser when Green got done with the bill:
(u)nder the pilot program proposed in Senate Bill 1458, medical marijuana prescriptions would be limited to patients suffering from multiple sclerosis, cancer, HIV, AIDS and/or glaucoma. It would establish a “compassion center” for distribution on an island where the Department of Health determines there is the greatest need, based on the number of prescriptions.
This bonehead Green thinks because he is an emergency room physician he can say who does and who doesn't need the medicine provided through marijuana despite the fact that he doesn't see chronic patients and has no idea what the medical value of marijuana is.
Admittedly there are only volumes of anecdotal evidence that marijuana treats pain better than opiates- which recently have been called out as the most abused drug in the country- and have allowed many to actually throw away their pills.
That's because research has been squelched by anachronistic, reefer-madness, anti-drug zealots who are way too afraid of allowing marijuana's medical value to be proven.
Green has taken it upon himself to alter the bill at this stage of the game after actually passing it out of his own committee without any restrictions on conditions for which a patient can receive a doctor's recommendation.
It would make Hawai`i the first state to restrict doctors from using their own medical judgment in cases of recommendations for medical marijuana.
We'd gotten spoiled the last few years with former Kaua`i Senator Gary Hooser serving as the Senate Majority Leader where he could make sure these types of bills got a fair shot. Same with former Kaua`i North Shore and Kapa`a Rep. Mina Morita in the house where energy and environmental bills were her kuleana.
If indeed the bill does get to the floor in its current form, the only thing left for proponents is to ask senators and representatives to kill the bill or attempt a rare almost unheard of amendment removing Green's amendment from the bill.
You can write all senators at sens@capitol.hawaii.gov and reps at reps@capitol.hawaii.gov and ask them to maintain the pilot program without stripping the medical marijuana program and restricting physicians' ability to make medical decisions for their patients.
It's bad enough when a great bill gets to a conference committee and collapses because no one can agree on a version. But it happens. And it's worse when the rules allow one graft-addled schmuck to kill it.
But of course the ultimate stomach-churner is the poison pill that comes out of nowhere to take a fine piece of legislation that has waited years for its day in the sun and turns it into a revolting piece of crap.
This years toxin-toting villainous vexation comes courteshttp://www.blogger.com/img/blank.gify of Senator "Dr." Josh Green who has stolen the pilot program to establish medical marijuana distribution centers and is using it to kill virtually the whole medical marijuana program.
According to yesterday's Honolulu Star-Advertiser when Green got done with the bill:
(u)nder the pilot program proposed in Senate Bill 1458, medical marijuana prescriptions would be limited to patients suffering from multiple sclerosis, cancer, HIV, AIDS and/or glaucoma. It would establish a “compassion center” for distribution on an island where the Department of Health determines there is the greatest need, based on the number of prescriptions.
This bonehead Green thinks because he is an emergency room physician he can say who does and who doesn't need the medicine provided through marijuana despite the fact that he doesn't see chronic patients and has no idea what the medical value of marijuana is.
Admittedly there are only volumes of anecdotal evidence that marijuana treats pain better than opiates- which recently have been called out as the most abused drug in the country- and have allowed many to actually throw away their pills.
That's because research has been squelched by anachronistic, reefer-madness, anti-drug zealots who are way too afraid of allowing marijuana's medical value to be proven.
Green has taken it upon himself to alter the bill at this stage of the game after actually passing it out of his own committee without any restrictions on conditions for which a patient can receive a doctor's recommendation.
It would make Hawai`i the first state to restrict doctors from using their own medical judgment in cases of recommendations for medical marijuana.
We'd gotten spoiled the last few years with former Kaua`i Senator Gary Hooser serving as the Senate Majority Leader where he could make sure these types of bills got a fair shot. Same with former Kaua`i North Shore and Kapa`a Rep. Mina Morita in the house where energy and environmental bills were her kuleana.
If indeed the bill does get to the floor in its current form, the only thing left for proponents is to ask senators and representatives to kill the bill or attempt a rare almost unheard of amendment removing Green's amendment from the bill.
You can write all senators at sens@capitol.hawaii.gov and reps at reps@capitol.hawaii.gov and ask them to maintain the pilot program without stripping the medical marijuana program and restricting physicians' ability to make medical decisions for their patients.
Tuesday, April 19, 2011
UP ON THE ROOF
UP ON THE ROOF: They say that with age comes wisdom but the real trick may be in getting to be old enough so that others see that what appeared to be a good idea 10 or 15 years ago actually was.
When solar hot water heaters were becoming ubiquitous- back before passage of the Gary Hooser legacy bill requiring new homes to be built with them- we had wondered why utilities shouldn't make it easy to help people finance not just rooftop solar hot water but solar electricity units with zero percent loans that are collected each month to be paid off with the savings the customer was realizing in the billing period.
We assumed that it was opposition from the utilities that was blocking it because, despite lip service to conservation and alternative energy, each was stuck in "we sell electricity to you" paradigm where the more electricity they sold the bigger the profit.
So we went to the State House Energy Committee Chair Mina Morita and asked what it would take would move the legislature off the dime and get them to pass enabling legislation despite the opposition from electric companies.
We assumed that the handful of providers of solar systems would be a good place to start since they could provide the resources to begin the fight.
But shockingly we found out that the main stumbling block was those self-same companies.
Seems that there were only a couple of them at the time and they had all the business they could handle, thank you very much, and they worried that if the government provided for a massive program it would bring oodles of competition into the market, cutting their monopoly into a million little pieces.
Cut to today and amazingly enough, there are plenty solar companies and so House Bill 1520 SD2 has reached a conference committee and appears to be poised for passage despite opposition from- you guessed it- the utility companies.
The bill, introduced by Morita before she left to head the Public Utilities Commission,
Directs the public utilities commission to consider implementing an on-bill financing program for residential electric utility customers to finance purchases of energy efficient or renewable energy devices and systems through their regular electric utility bills.
According to a Sierra Club's Capitol Watch email "Blue Planet Foundation is holding a rally to promote House Bill 1520 SD2 today at the capitol from 12:30-1 p.m."
Although testimony is no longer being taken at this point in the legislative session it couldn't hurt to drop an email of support to representatives (reps@capitol.hawaii.gov) and senators sens@capitol.hawaii.gov) urging their support for this long overdue measure that would start the ball rolling to decentralize carbon-free electricity distribution.
When solar hot water heaters were becoming ubiquitous- back before passage of the Gary Hooser legacy bill requiring new homes to be built with them- we had wondered why utilities shouldn't make it easy to help people finance not just rooftop solar hot water but solar electricity units with zero percent loans that are collected each month to be paid off with the savings the customer was realizing in the billing period.
We assumed that it was opposition from the utilities that was blocking it because, despite lip service to conservation and alternative energy, each was stuck in "we sell electricity to you" paradigm where the more electricity they sold the bigger the profit.
So we went to the State House Energy Committee Chair Mina Morita and asked what it would take would move the legislature off the dime and get them to pass enabling legislation despite the opposition from electric companies.
We assumed that the handful of providers of solar systems would be a good place to start since they could provide the resources to begin the fight.
But shockingly we found out that the main stumbling block was those self-same companies.
Seems that there were only a couple of them at the time and they had all the business they could handle, thank you very much, and they worried that if the government provided for a massive program it would bring oodles of competition into the market, cutting their monopoly into a million little pieces.
Cut to today and amazingly enough, there are plenty solar companies and so House Bill 1520 SD2 has reached a conference committee and appears to be poised for passage despite opposition from- you guessed it- the utility companies.
The bill, introduced by Morita before she left to head the Public Utilities Commission,
Directs the public utilities commission to consider implementing an on-bill financing program for residential electric utility customers to finance purchases of energy efficient or renewable energy devices and systems through their regular electric utility bills.
According to a Sierra Club's Capitol Watch email "Blue Planet Foundation is holding a rally to promote House Bill 1520 SD2 today at the capitol from 12:30-1 p.m."
Although testimony is no longer being taken at this point in the legislative session it couldn't hurt to drop an email of support to representatives (reps@capitol.hawaii.gov) and senators sens@capitol.hawaii.gov) urging their support for this long overdue measure that would start the ball rolling to decentralize carbon-free electricity distribution.
Monday, April 4, 2011
MORE MONKEYS, LESS WEASELS
MORE MONKEYS, LESS WEASELS: As we first reported last Monday the magical "Recusalgate" transformation of one Foster Ducker from selector to candidate for the vacated 14th District State House Seat vacated by Mina Morita, finally got the Leo Azumbuja treatment Sunday in the local newspaper, providing a series of the usual half-assed factoids (Factoid: Did you know that a factoid is not really a fact?), unresearched pronouncements and irrelevant quotes and citations.
But one quote did catch our eye describing the prestidigitation involved in Ducker's metamorphosis:
“It came a little bit out of the left field for me,” he said. “I was sitting in the selection committee and all of a sudden I was sitting in front of the selection committee.”
Yup, he was just sitting there minding his own business and, as if in a dream, "all of a sudden" he replaced Morita's choice for replacement, Joel Guy who has been the presumed replacement.
That of course made room for the golden boy Derek Kawakami to follow his ancestral destiny. Gee, why would anyone claim that the the whole process has the smell of a backroom deal?
The problem is that when it comes to conflicts of interest it becomes hard to see the forest for your own personal tree.
For the Democratic Party it looked like a matter of their rules for recusals, according to Azumbuja's mish-mosh which quoted our friend District 14 Democratic Party Chair, Susan Wilson, as saying:
“Do you know what the rule is on the council?” she said. “The rule on the council is you just say, ‘Gosh I have a conflict of interest,’ and then you’re allowed to vote on it.”
Of course Wilson- and Azumbuja- obviously missed the 2008 County Charter amendment which modified the Code of Ethics' Section 20.04D, Disclosure, to say, in relevant part
Any elected official, appointed officer, employee, or any member of a board or commission who possesses or acquires such interest as might reasonably tend to create a conflict with his duties or authority... shall make full disclosure of the conflict of interest and shall not participate in said matter.
So, we decided to drop Wilson an email setting the record straight.
But Wilson was more interested in setting the record straight on the reason why Ducker was permitted to run and vote despite the conflict of interest, since, as is the usual complaint about Azumbuja, she was haphazardly quoted.
We agreed to let Wilson have her say so here's what she wrote- in full- about the situation. See ya on the other side.
State of Hawaii Democratic Party Constitution does not require recusal, but I think at its next state convention the issue could be worth discussion again. Right away, in mid February, I posed the recusal question to the Democratic Party Central committee. An answer came back from a central committee member. In essence it was, with so few registered democratic voters coming forward to hold precinct offices all over the state it was advised precedent has been inclusion rather than the opposite. In the specifics of District 14, I welcomed that answer as I needed full district council member participation on all levels of what I hoped would be a serious process. For example there is only one precinct officer in one of district 14's biggest precincts. If he would have decided to be a candidate and recusal was required about 400 or so registered democrats in his precinct would have had no vote at the table. Likewise, at one point two district council members were considering throwing their names in the pot. Again, I looked to the Party's core value and was comfortable with precedent. All council members were in accordance, and we are a council of eight. I then took it a step further and set up a very fair leveling voting procedure. What came out of this process was a standard of civic involvement worthy of emulation. And, yes, Foster Ducker participated in the voting. And, yes, he did become one of the three names forwarded on to the governor as one of District14 Council choices for the governor to consider for appointment. Our council did not have the power of appointment. And, yes, one candidate who seemingly had considerable headwind coming in was not chosen to move forward. I have no idea who voted for who. It was a secret ballot. Three clear winners were chosen on the first ballot. And, yes, a candidate who supposedly was favored by our former Representative to take over her unfilled position, even before the process had started, did not move forward. I'd say what happened was anything but politics as usual. It was democracy in action. And, finally, grace in defeat, is a sign of maturity and leadership.
It's not like Wilson would be the first to miss what the problematic part is in your typical "conflict of interest." Certainly some of the recent appointments of Governor Neil Abercrombie have raised eyebrows when big contributors and campaign leaders received nods for various positions. And when it comes to the champion of cronyism, our own warbling Warrior, Mayor Bernard Carvalho, few can hold a candle to his penchant for promoting his pals.
What they all seem to miss is that any conflict of interest is anathema to good governance way before it ever leads to corruption.
It's the very potential for that "tit for tat" and "quid pro quo" that raises the hackles of voters leaving the perception of the opportunity for wrongdoing to appear to be the reality of illicit dealings.
The potential conflict of interest is an actual conflict of interest. Appointees should not come prepackaged with baggage that causes people to roll their eyes and shake their heads back and forth. Rather they should be like Caesar's wife... beyond reproach.
The message from the good governance community is that if your laws- or rules- allow conflicts of interest to be, not just the exception but, the norm perhaps it's time to change that rule.
But one quote did catch our eye describing the prestidigitation involved in Ducker's metamorphosis:
“It came a little bit out of the left field for me,” he said. “I was sitting in the selection committee and all of a sudden I was sitting in front of the selection committee.”
Yup, he was just sitting there minding his own business and, as if in a dream, "all of a sudden" he replaced Morita's choice for replacement, Joel Guy who has been the presumed replacement.
That of course made room for the golden boy Derek Kawakami to follow his ancestral destiny. Gee, why would anyone claim that the the whole process has the smell of a backroom deal?
The problem is that when it comes to conflicts of interest it becomes hard to see the forest for your own personal tree.
For the Democratic Party it looked like a matter of their rules for recusals, according to Azumbuja's mish-mosh which quoted our friend District 14 Democratic Party Chair, Susan Wilson, as saying:
“Do you know what the rule is on the council?” she said. “The rule on the council is you just say, ‘Gosh I have a conflict of interest,’ and then you’re allowed to vote on it.”
Of course Wilson- and Azumbuja- obviously missed the 2008 County Charter amendment which modified the Code of Ethics' Section 20.04D, Disclosure, to say, in relevant part
Any elected official, appointed officer, employee, or any member of a board or commission who possesses or acquires such interest as might reasonably tend to create a conflict with his duties or authority... shall make full disclosure of the conflict of interest and shall not participate in said matter.
So, we decided to drop Wilson an email setting the record straight.
But Wilson was more interested in setting the record straight on the reason why Ducker was permitted to run and vote despite the conflict of interest, since, as is the usual complaint about Azumbuja, she was haphazardly quoted.
We agreed to let Wilson have her say so here's what she wrote- in full- about the situation. See ya on the other side.
State of Hawaii Democratic Party Constitution does not require recusal, but I think at its next state convention the issue could be worth discussion again. Right away, in mid February, I posed the recusal question to the Democratic Party Central committee. An answer came back from a central committee member. In essence it was, with so few registered democratic voters coming forward to hold precinct offices all over the state it was advised precedent has been inclusion rather than the opposite. In the specifics of District 14, I welcomed that answer as I needed full district council member participation on all levels of what I hoped would be a serious process. For example there is only one precinct officer in one of district 14's biggest precincts. If he would have decided to be a candidate and recusal was required about 400 or so registered democrats in his precinct would have had no vote at the table. Likewise, at one point two district council members were considering throwing their names in the pot. Again, I looked to the Party's core value and was comfortable with precedent. All council members were in accordance, and we are a council of eight. I then took it a step further and set up a very fair leveling voting procedure. What came out of this process was a standard of civic involvement worthy of emulation. And, yes, Foster Ducker participated in the voting. And, yes, he did become one of the three names forwarded on to the governor as one of District14 Council choices for the governor to consider for appointment. Our council did not have the power of appointment. And, yes, one candidate who seemingly had considerable headwind coming in was not chosen to move forward. I have no idea who voted for who. It was a secret ballot. Three clear winners were chosen on the first ballot. And, yes, a candidate who supposedly was favored by our former Representative to take over her unfilled position, even before the process had started, did not move forward. I'd say what happened was anything but politics as usual. It was democracy in action. And, finally, grace in defeat, is a sign of maturity and leadership.
It's not like Wilson would be the first to miss what the problematic part is in your typical "conflict of interest." Certainly some of the recent appointments of Governor Neil Abercrombie have raised eyebrows when big contributors and campaign leaders received nods for various positions. And when it comes to the champion of cronyism, our own warbling Warrior, Mayor Bernard Carvalho, few can hold a candle to his penchant for promoting his pals.
What they all seem to miss is that any conflict of interest is anathema to good governance way before it ever leads to corruption.
It's the very potential for that "tit for tat" and "quid pro quo" that raises the hackles of voters leaving the perception of the opportunity for wrongdoing to appear to be the reality of illicit dealings.
The potential conflict of interest is an actual conflict of interest. Appointees should not come prepackaged with baggage that causes people to roll their eyes and shake their heads back and forth. Rather they should be like Caesar's wife... beyond reproach.
The message from the good governance community is that if your laws- or rules- allow conflicts of interest to be, not just the exception but, the norm perhaps it's time to change that rule.
Monday, March 28, 2011
THE THIRD ONE IS THE HARM
THE THIRD ONE IS THE HARM: Yesterday morning we received a couple of cryptic comments that were quickly deleted by the poster, "Belisa," saying
What do you think about a voter board member being subjected to position (1 of the 3 to be appointed to Abercrombie)? Aka-Foster Ducker
Not being able to make heads or tails out of the text- and wondering if Aka-Foster Ducker was some kind of bass-ackwards, Chuck you Farley, Fuzzy-Duck signature- we went about our day until a source close to the Democratic Party dropped the news on us that the three selections being submitted to Governor Neil Abercrombie to replace Mina Morita as the North Shore- Kapa`a District 14 State House representative are North Shore physician Dr. Neil Clendeninn, Kaua`i County Councilmember Derek Kawakami and one Foster Ducker.
As did our source, a later post from Belisa made it clearer- if not clear-what the question was, asking
How do you feel about a voting board member being subjected to position (1 of the 3 appointed to Abercrombie for district 14 rep) Aka- Foster Ducker
Seems Ducker is one of the three Democratic Party board members who, as required by law, searched and searched and, like Dick Cheney's vice presidential search committee did in 2000 when searching for a veep for The Shrub, found the best candidate- what a coincidence- sitting right there at the table.
Though our source framed the choice as being a matter of "should we exclude people just because they are board members" it would seem that if you're going to toss your chapeau in the cesspool you ought to at least stay far enough away to to avoid picking up the stank.
The other problem is that, although the names of Clendeninn and Kawakami were expected the other name being bandied about, Joel Guy- a Morita staff member who was rumored to be her choice and therefore presumed by many to be the "favorite"- was nowhere to be seen.
Well isn't that just Duckie, er Ducker... we're asking because we have no idea who Foster Ducker is.
A quick search shows- surprise surprise- Ducker is a North Shore real estate agent. But, according to his profile at realtor.com,
Foster J Ducker is not just any real estate agent. To be called a Realtor, Foster J Ducker has shown that they carry a higher level of knowledge and experience than legally required. Additionally, Realtors like Foster J Ducker are bound to adhere to the best professional practices when dealing with your real estate needs. Although not every real estate agent is a Realtor, you can trust that Foster J Ducker is a Realtor, and that a Realtor is your best choice when selling or buying a property.
He also- according to meetup. com's Kaua`i Community Math Club page-
ran windsurfing school (and) was raised in Denver. I moved to Kauai in 1985. I live in Kilauea... I am a MOP student, member of Phi Theta Kappa, and the environment club. I am a lib arts declared ntred (sic) planning to transfer to UH Manoa to study engineering and economics. I tutor math, english (sic) and physics in the LC and I teach ABE math at KCC for KCSFA.
Which is why we urge you to call (808-586-0034) fax (808-586-0006) or contact (http://hawaii.gov/gov/contact/contact-gov) Governor Neil Abercrombie and ask him to appoint Hanalei internist Dr. Neil Clendeninn to the open 14th House District seat.
Clendeninn has shown himself to be a brilliant and progressive thinker with whom we have rarely if ever disagreed on major issues and the fact that he is willing to serve speaks even more about his commitment to the community.
The choice is as easy as... well you get the idea.
----
Our beautiful and talented editor-supreme got herself one of those new fancy schmancy I-phones and can now edit on the run so as of today we're going to try to move up our "press time" from 3-4 p.m. to Noon-1 p.m.
What do you think about a voter board member being subjected to position (1 of the 3 to be appointed to Abercrombie)? Aka-Foster Ducker
Not being able to make heads or tails out of the text- and wondering if Aka-Foster Ducker was some kind of bass-ackwards, Chuck you Farley, Fuzzy-Duck signature- we went about our day until a source close to the Democratic Party dropped the news on us that the three selections being submitted to Governor Neil Abercrombie to replace Mina Morita as the North Shore- Kapa`a District 14 State House representative are North Shore physician Dr. Neil Clendeninn, Kaua`i County Councilmember Derek Kawakami and one Foster Ducker.
As did our source, a later post from Belisa made it clearer- if not clear-what the question was, asking
How do you feel about a voting board member being subjected to position (1 of the 3 appointed to Abercrombie for district 14 rep) Aka- Foster Ducker
Seems Ducker is one of the three Democratic Party board members who, as required by law, searched and searched and, like Dick Cheney's vice presidential search committee did in 2000 when searching for a veep for The Shrub, found the best candidate- what a coincidence- sitting right there at the table.
Though our source framed the choice as being a matter of "should we exclude people just because they are board members" it would seem that if you're going to toss your chapeau in the cesspool you ought to at least stay far enough away to to avoid picking up the stank.
The other problem is that, although the names of Clendeninn and Kawakami were expected the other name being bandied about, Joel Guy- a Morita staff member who was rumored to be her choice and therefore presumed by many to be the "favorite"- was nowhere to be seen.
Well isn't that just Duckie, er Ducker... we're asking because we have no idea who Foster Ducker is.
A quick search shows- surprise surprise- Ducker is a North Shore real estate agent. But, according to his profile at realtor.com,
Foster J Ducker is not just any real estate agent. To be called a Realtor, Foster J Ducker has shown that they carry a higher level of knowledge and experience than legally required. Additionally, Realtors like Foster J Ducker are bound to adhere to the best professional practices when dealing with your real estate needs. Although not every real estate agent is a Realtor, you can trust that Foster J Ducker is a Realtor, and that a Realtor is your best choice when selling or buying a property.
He also- according to meetup. com's Kaua`i Community Math Club page-
ran windsurfing school (and) was raised in Denver. I moved to Kauai in 1985. I live in Kilauea... I am a MOP student, member of Phi Theta Kappa, and the environment club. I am a lib arts declared ntred (sic) planning to transfer to UH Manoa to study engineering and economics. I tutor math, english (sic) and physics in the LC and I teach ABE math at KCC for KCSFA.
Which is why we urge you to call (808-586-0034) fax (808-586-0006) or contact (http://hawaii.gov/gov/contact/contact-gov) Governor Neil Abercrombie and ask him to appoint Hanalei internist Dr. Neil Clendeninn to the open 14th House District seat.
Clendeninn has shown himself to be a brilliant and progressive thinker with whom we have rarely if ever disagreed on major issues and the fact that he is willing to serve speaks even more about his commitment to the community.
The choice is as easy as... well you get the idea.
----
Our beautiful and talented editor-supreme got herself one of those new fancy schmancy I-phones and can now edit on the run so as of today we're going to try to move up our "press time" from 3-4 p.m. to Noon-1 p.m.
Thursday, March 10, 2011
DON'T IT ALWAYS SEEM TO GO
DON'T IT ALWAYS SEEM TO GO: Politics just may be the one place where one can become overwhelmed with crushing ambivalence.
The rule is that elective office- especially legislative- is so corrupt by nature that even the truly enlightened and dedicated novice is
swallowed whole and spit back out a crook. But every once in a while that rare individual with the stomach for the stench can swim the turd gauntlet and emerge smelling like lavender and lilacs.
And when that rare individual attains enough fragrance to attract attention they are often tempted to crawl out of the cesspool and look around for a more rarefied air.
So it is that in losing Representative Mina Morita to the Pubic Utilities Commission and Senator Gary Hooser to the Office of Environmental Control, while we mourn for the loss we are excited for the potential that their proven strengths and skills may be utilized to assure a sustainable future in energy and the environment respectively.
But we really in a tizzy over the possibility of losing, not a politician but, an individual that is so unique on Kaua`i that he may be, for all intents and purposes, irreplaceable.
In case you hadn't heard Attorney Daniel Hempey has made the list for judicial nominees to the District Family Court of the Fifth Circuit.
For those not familiar with Hempey's work and why it's unique you've got to take a look at the rest of the law community on Kaua`i.
Kaua`i is and always has been awash in land use attorneys, representing developers great and small to navigate the labyrinth. If you ever expect to get one of those lucrative cases you'd better not be taking any cases defending against them.
In addition to Hempey's work as a criminal defense attorney par excellance- another thing that doesn't earn you very high marks among Kaua`i based members of the bar- Hempey has dared to take cases representing those who defend the `aina from potential abuse by those who come here with intent to despoil.
On one hand Hempey's fearless pro bono work with Kanaka Maoli sovereignty movement has been magnificent and might just make him irreplaceable. But on the other, the need for someone of Hempey's fearless temperament on the bench is tremendous, especially in light of the plethora of government and prosecutorial judicial appointments that we usually see in Hawai`i and Kaua`i.
So it's with even greater level of profound ambivalence that we ask you to send comments on Hempey's qualifications and character to Hawaii Chief Justice Mark Recktenwald.
Submittals must be postmarked, e-mailed, faxed or hand-delivered by March 18.
Via Mail: Mark Recktenwald; chief justice, Hawaii Supreme Court; 417 S. King St., Honolulu, HI 96813
Via E-mail: chiefjustice@courts.state.hi.us
Via Fax: 539-4703
As with Morita and Hooser while we're apprehensive about the possible "loss" of Hempey in his current arena we have to think that they know where they can best serve the community. All three have earned enough of our respect and trust that we're sure that while we're of two minds they can make the best determination of where to use theirs.
The rule is that elective office- especially legislative- is so corrupt by nature that even the truly enlightened and dedicated novice is
swallowed whole and spit back out a crook. But every once in a while that rare individual with the stomach for the stench can swim the turd gauntlet and emerge smelling like lavender and lilacs.
And when that rare individual attains enough fragrance to attract attention they are often tempted to crawl out of the cesspool and look around for a more rarefied air.
So it is that in losing Representative Mina Morita to the Pubic Utilities Commission and Senator Gary Hooser to the Office of Environmental Control, while we mourn for the loss we are excited for the potential that their proven strengths and skills may be utilized to assure a sustainable future in energy and the environment respectively.
But we really in a tizzy over the possibility of losing, not a politician but, an individual that is so unique on Kaua`i that he may be, for all intents and purposes, irreplaceable.
In case you hadn't heard Attorney Daniel Hempey has made the list for judicial nominees to the District Family Court of the Fifth Circuit.
For those not familiar with Hempey's work and why it's unique you've got to take a look at the rest of the law community on Kaua`i.
Kaua`i is and always has been awash in land use attorneys, representing developers great and small to navigate the labyrinth. If you ever expect to get one of those lucrative cases you'd better not be taking any cases defending against them.
In addition to Hempey's work as a criminal defense attorney par excellance- another thing that doesn't earn you very high marks among Kaua`i based members of the bar- Hempey has dared to take cases representing those who defend the `aina from potential abuse by those who come here with intent to despoil.
On one hand Hempey's fearless pro bono work with Kanaka Maoli sovereignty movement has been magnificent and might just make him irreplaceable. But on the other, the need for someone of Hempey's fearless temperament on the bench is tremendous, especially in light of the plethora of government and prosecutorial judicial appointments that we usually see in Hawai`i and Kaua`i.
So it's with even greater level of profound ambivalence that we ask you to send comments on Hempey's qualifications and character to Hawaii Chief Justice Mark Recktenwald.
Submittals must be postmarked, e-mailed, faxed or hand-delivered by March 18.
Via Mail: Mark Recktenwald; chief justice, Hawaii Supreme Court; 417 S. King St., Honolulu, HI 96813
Via E-mail: chiefjustice@courts.state.hi.us
Via Fax: 539-4703
As with Morita and Hooser while we're apprehensive about the possible "loss" of Hempey in his current arena we have to think that they know where they can best serve the community. All three have earned enough of our respect and trust that we're sure that while we're of two minds they can make the best determination of where to use theirs.
Friday, October 8, 2010
VOTE FOR MINA MORITA FOR 14TH HOUSE DISTRICT REPRESENTATIVE
VOTE FOR MINA MORITA FOR 14TH HOUSE DISTRICT REPRESENTATIVE: It’s our extreme honor and pleasure to enthusiastically support Mina Morita’s bid for a 8th term representing the 14th District in the Hawai`i House of Representatives.
Mina is not only the greatest officeholders anywhere but one of the finest and smartest people we’ve ever met.
As long time Chair of the House Energy & Environmental Protection Committee she has been instrumental in setting the most progressive renewable energy portfolio in the nation, with results that match the vision.
She has led the way in fighting off efforts to weaken our environmental laws and despoil our environment, protecting agricultural lands, reducing greenhouse gas emissions and promoting hydrogen technology.
We are grateful and humbled that she has chosen to serve our home district again and can’t imagine that anyone exists whom we would rather vote for.
Please give Mina Morita your vote on November 2.
Mina is not only the greatest officeholders anywhere but one of the finest and smartest people we’ve ever met.
As long time Chair of the House Energy & Environmental Protection Committee she has been instrumental in setting the most progressive renewable energy portfolio in the nation, with results that match the vision.
She has led the way in fighting off efforts to weaken our environmental laws and despoil our environment, protecting agricultural lands, reducing greenhouse gas emissions and promoting hydrogen technology.
We are grateful and humbled that she has chosen to serve our home district again and can’t imagine that anyone exists whom we would rather vote for.
Please give Mina Morita your vote on November 2.
Friday, July 23, 2010
BACK ON THE CHOPPING BLOCK
BACK ON THE CHOPPING BLOCK: We’ve spent the last day or so chuckling over the latest kafuffle caused by the same vague Hawai`i election laws that cause another “dance of the headless chicken” that surrounded the Kirk Caldwell affair last election- a matter we spent in inordinate amount of bandwidth on after the filing deadline in 2008.
It was the first of the numerous bizarre dust-ups caused by the then-new Chief Elections Officer Kevin “King” Cronin who thankfully has skulked back into the hole from whence he came after numerous Louis XIV-style “L'État, c'est moi" decisions.
But leave it to the legislature to fail to try to figure out how to write clear laws or the elections bureau to write clear administrative rules in the interim and now we have a whole new dance to enjoy.
As many have heard by now some slimy little Republican, David Hamman, a Princeville locksmith tried, apparently successfully, to game the system by filing and withdrawing his papers to challenge Representative Mina Morita in the 14th House District actually admitting he did it to extend the deadline so the party could pick a “candidate” after the filing deadline.
We put the word candidate in quotes because the definition of just what that may be is the bone of contention according to Morita who has blogged twice on the subject.
Apparently Scott Nago, the new Chief Elections Officer, is as challenged as his predecessor and okayed the switcheroo and today the Republicans did name a replacement, Harry R. Williams, a Kapa`a contractor.
But it comes down to whether Hamman was ever a candidate for the house because after withdrawing he filed his papers to run for the vacating seat of former State Senator and now Lt. Governor candidature Gary Hooser.
HRS 11-117 says
Withdrawal of candidates; disqualification; death; notice. (a) Any candidate may withdraw not later than 4:30 p.m. on the day immediately following the close of filing for any reason...
On receipt of the notice of death, withdrawal, or upon determination of disqualification, the chief election officer or the clerk shall inform the chairperson of the political party of which the person deceased, withdrawing, or disqualified was a candidate.
And HRS 118 says:
Vacancies; new candidates; insertion of names on ballots. (a) In case of death, withdrawal, or disqualification of any party candidate after filing, the vacancy so caused may be filled by the party....
(b) If the party fills the vacancy, and so notifies the chief election officer or clerk not later than 4:30 p.m. on the third day after the vacancy occurs... the name of the replacement shall be printed in an available and appropriate place on the ballot,
But Hawaii Administrative Rule (HAR) Chapter 3-173-1, defines “candidate” as “an individual who has qualified for placement on the ballot.”
And in Hawai`i no one may be a candidate for two offices.
Under the law apparently only Mina’s party- the Democrats- can file in 5th Circuit Court to overrule Nago’s decision but the point is that with two years to do so, neither the legislature or the elections bureau even attempted to change the law or rules to deal with the ambiguities and write some election laws that are clear and not wide open for manipulation and abuse with loopholes you could drive a Superferry through.
In an email today Morita said she is “still looking at all my options and working with the party” and as of press time we haven’t heard anything about a court filing. But unless and until the election laws regarding election filing deadlines gets a good hard look and some much needed clarifications and indeed changes are made we’ll be right back here in 2012.
It was the first of the numerous bizarre dust-ups caused by the then-new Chief Elections Officer Kevin “King” Cronin who thankfully has skulked back into the hole from whence he came after numerous Louis XIV-style “L'État, c'est moi" decisions.
But leave it to the legislature to fail to try to figure out how to write clear laws or the elections bureau to write clear administrative rules in the interim and now we have a whole new dance to enjoy.
As many have heard by now some slimy little Republican, David Hamman, a Princeville locksmith tried, apparently successfully, to game the system by filing and withdrawing his papers to challenge Representative Mina Morita in the 14th House District actually admitting he did it to extend the deadline so the party could pick a “candidate” after the filing deadline.
We put the word candidate in quotes because the definition of just what that may be is the bone of contention according to Morita who has blogged twice on the subject.
Apparently Scott Nago, the new Chief Elections Officer, is as challenged as his predecessor and okayed the switcheroo and today the Republicans did name a replacement, Harry R. Williams, a Kapa`a contractor.
But it comes down to whether Hamman was ever a candidate for the house because after withdrawing he filed his papers to run for the vacating seat of former State Senator and now Lt. Governor candidature Gary Hooser.
HRS 11-117 says
Withdrawal of candidates; disqualification; death; notice. (a) Any candidate may withdraw not later than 4:30 p.m. on the day immediately following the close of filing for any reason...
On receipt of the notice of death, withdrawal, or upon determination of disqualification, the chief election officer or the clerk shall inform the chairperson of the political party of which the person deceased, withdrawing, or disqualified was a candidate.
And HRS 118 says:
Vacancies; new candidates; insertion of names on ballots. (a) In case of death, withdrawal, or disqualification of any party candidate after filing, the vacancy so caused may be filled by the party....
(b) If the party fills the vacancy, and so notifies the chief election officer or clerk not later than 4:30 p.m. on the third day after the vacancy occurs... the name of the replacement shall be printed in an available and appropriate place on the ballot,
But Hawaii Administrative Rule (HAR) Chapter 3-173-1, defines “candidate” as “an individual who has qualified for placement on the ballot.”
And in Hawai`i no one may be a candidate for two offices.
Under the law apparently only Mina’s party- the Democrats- can file in 5th Circuit Court to overrule Nago’s decision but the point is that with two years to do so, neither the legislature or the elections bureau even attempted to change the law or rules to deal with the ambiguities and write some election laws that are clear and not wide open for manipulation and abuse with loopholes you could drive a Superferry through.
In an email today Morita said she is “still looking at all my options and working with the party” and as of press time we haven’t heard anything about a court filing. But unless and until the election laws regarding election filing deadlines gets a good hard look and some much needed clarifications and indeed changes are made we’ll be right back here in 2012.
Friday, April 30, 2010
LET THE GOOD GUY WIN EVERY ONCE IN A WHILE
LET THE GOOD GUY WIN EVERY ONCE IN A WHILE: The “last minute” maneuver in the state house to pass the civil-unions bill- HB 444- was still quite a shock to the system despite the fact that we’d heard that a massive push was underway by civil rights activists in Honolulu including some pretty intense one-on-one lobbying of house members by those with access.
Process geeks like us can check out Derrick DePledge’s blow by blow live twittering to find out how it came down.
It was aided by, if there’s such a thing within a legislative body, a grassroots effort by a handful of house members that greased the skids on promoting access and putting their own time and effort into convincing their colleagues to force the vote.
Next time you see Mina Morita give her a hug.
But what strikes us is the brilliant political move of the activist in letting the sleeping dog lie as the session wore suckering the bigots and religious zealots into complacency and do their work under the radar.
Now for the next six months we’re going to hear the big lie that’s becoming the popular rallying cry for many of the wing-nuts and, well, nut-case groups in general... that they are some kind of overwhelming majority even when their ranks are far outnumbered.
Whether it’s the same 18% (in a NY Times poll) of the populace that makes up the tea partiers- the same percentage that supported the war criminals by the end of the last administration- who bafflingly maintain they speak for the majority or the dog ladies on Kaua`i who claim “everybody” wants to engage their dirty smelly mutts when they go down to the ocean (and designed a push survey to prove it) it’s the latest in bogus lobbying through lies.
If you don’t have the majority on your side, just say you do over and over and get the press to report that you said it in their “he said she said” coverage.
Which is why we’ve got to make sure that if the homophobic lobby is going to try to make the November election about this we’ve gotta make sure we turn out and both support those who supported civil rights and replace those who didn’t- or keep those new candidates who don’t on the outside.
Here on Kaua`i the no votes came from the always bigoted Jimmy Tokioka and his west side cohort Roland Sagum. We can only hope good candidates will come forward to challenge them.
But assuming a Lingle veto- meaning we’d have to start from scratch in 2011- we’re going to need someone to sign the bill next year and that leaves only Neil Abercrombie.
Most know that Duke Aiona is generally one of the worst religion-addled ass-wipes around. But fewer know that the corrupt Mayor of Honolulu Mufi Hannemann opposes civil unions too.
Candidates aside our most daunting task will be to make sure that the other big lie- that civil unions are somehow related to same gender marriage- is put to rest by November... and that includes whenever some well meaning pea-brains like Jerry Burris conflates them as he did in today’s Honolulu Advertiser... just as columnist Dave Shapiro did as we mentioned last week.
Whatever Ms. Ding-a-Lingle decides to do we’ve go our work cut out for us on this one.
Process geeks like us can check out Derrick DePledge’s blow by blow live twittering to find out how it came down.
It was aided by, if there’s such a thing within a legislative body, a grassroots effort by a handful of house members that greased the skids on promoting access and putting their own time and effort into convincing their colleagues to force the vote.
Next time you see Mina Morita give her a hug.
But what strikes us is the brilliant political move of the activist in letting the sleeping dog lie as the session wore suckering the bigots and religious zealots into complacency and do their work under the radar.
Now for the next six months we’re going to hear the big lie that’s becoming the popular rallying cry for many of the wing-nuts and, well, nut-case groups in general... that they are some kind of overwhelming majority even when their ranks are far outnumbered.
Whether it’s the same 18% (in a NY Times poll) of the populace that makes up the tea partiers- the same percentage that supported the war criminals by the end of the last administration- who bafflingly maintain they speak for the majority or the dog ladies on Kaua`i who claim “everybody” wants to engage their dirty smelly mutts when they go down to the ocean (and designed a push survey to prove it) it’s the latest in bogus lobbying through lies.
If you don’t have the majority on your side, just say you do over and over and get the press to report that you said it in their “he said she said” coverage.
Which is why we’ve got to make sure that if the homophobic lobby is going to try to make the November election about this we’ve gotta make sure we turn out and both support those who supported civil rights and replace those who didn’t- or keep those new candidates who don’t on the outside.
Here on Kaua`i the no votes came from the always bigoted Jimmy Tokioka and his west side cohort Roland Sagum. We can only hope good candidates will come forward to challenge them.
But assuming a Lingle veto- meaning we’d have to start from scratch in 2011- we’re going to need someone to sign the bill next year and that leaves only Neil Abercrombie.
Most know that Duke Aiona is generally one of the worst religion-addled ass-wipes around. But fewer know that the corrupt Mayor of Honolulu Mufi Hannemann opposes civil unions too.
Candidates aside our most daunting task will be to make sure that the other big lie- that civil unions are somehow related to same gender marriage- is put to rest by November... and that includes whenever some well meaning pea-brains like Jerry Burris conflates them as he did in today’s Honolulu Advertiser... just as columnist Dave Shapiro did as we mentioned last week.
Whatever Ms. Ding-a-Lingle decides to do we’ve go our work cut out for us on this one.
Monday, February 8, 2010
FIND THE PEA
FIND THE PEA: A slew of emails over the past two days have come in from activists on Maui, the Big Island and Kaua`i with a subject line of “Bad Bill Alert” regarding a hearing for HB2433, scheduled for tomorrow at 9 a.m..
Simply put, according to it’s purpose the bill, if passed, “(e)xempts from county approval state department of transportation development and construction of highways and airports”.
But while some of the emails were partially accurate, overall they were confusing and incomplete.
According to the bill itself:
Notwithstanding any law to the contrary, all structures and improvements to land to be used for state or county highway purposes:
(1) May be planned, designed, and constructed by the appropriate state or county department without the approval of county agencies;
(2) Shall be exempt from any county permitting requirements; and
(3) Shall be exempt from any county agencies' special management area permitting requirements.
It also similarly exempts airports.
Let’s start with some debunking. First of all the bill would not, as some said, exempt the Harbors Division because harbors are the one area that is already exempted from county permitting That includes exemption from the Shoreline Management Area (SMA) permits for which the counties are responsible, as PNN exclusively and extensively reported in the fall of 2007 during the Hawai`i Superferry (HSf) debacle.
This bill- which is similar to ones that have been introduced every session of the legislature in recent years- would grant the same exemption to airports and this year adds on state highways, something that Kaua`i Representative Mina Morita told PNN at the time she opposed but feared would someday pass.
At the time we tried to find out why there was no SMA permit for the Superferry and our queries wound their way from the unreturned phone calls to the Kaua`i Planning Department all the way up to Mike Formby the head of the Harbors Division of the Department of Land and Natural Resources (DLNR) who informed us of and cited the exemption.
But the problem is that the state has no right to trump the federal Coastal Zone Management Act (CZMA) which requires the states to protect the shorelines.
As we wrote in a November of 2007 investigative report:
Formby has repeatedly refused, in writing, to answer repeated requests for required documentation of compliance with the federal Coastal Zone Management Act (CZMA). Rather, has refused to answer or discuss any issues of federal law.
When asked for the documentation of state compliance with various processes required by federal law, Formby, an attorney, has refused to provide documentation for compliance. He also refused to discuss and legal issues relating to any federal regulations
He has cited a state law exempting harbors from compliance all county permits, including Shoreline Management Area (SMA) permitting which though federal law is issued at the local level- in Hawai`i at the county level.
The state is in effect playing a shell game in which they have given the responsibility for enforcing the CZMA- imposed upon it by the federal government and which they can’t legislate their way out of- to the counties under one shell and under another they have exempted harbors from county permitting which they can legislate.
Neat trick, eh?
So with all the legal actions at the time why didn’t anyone file suit in federal court based on the lack of enforcement of the CZMA in order to stop the HSf until the counties issued SMA permits?
That became PNN’s $64,000 question at the time. Turns out it would have cost even more than $64,000- and another set of attorneys- to open another suit, especially in federal court where Maui attorneys who were fighting the infamous HSf “EIS” case had already lost an earlier unrelated round.
Although a small group of concerned Kaua`i citizens contacted a prominent CZMA attorney in San Francisco and tried to secure funding for a federal challenge to the exemption, the lion’s share of the legal fund contributions for fighting the HSf were being directed toward the EIS case on Maui and the federal suit was never filed.
We’re pretty sure the legislature is counting on the fact that they’ve been exempting harbors from the SMA for years without a challenge to say they can also exempt airports and now highway projects given their Superferry-proven penchant for the Minotaur behavior of “doing what’s wrong as long as they can”.
While the Bad Bill Alert alerted us to the upcoming hearing in Morita’s EEP Committee tomorrow they failed to report the current status of the bill which has already been heard and passed unanimously out of the Joe Souki’s TRN Committee and in fact has passed second reading in the house with the referral to EEP.
Testimony for tomorrow’s EEP hearing can be entered directly at the email testimony web site. When you get there, type in HB2433 in the box and click button that says "get latest hearing" and it will auto fill-in the info for you. Then type your name, email and address and enter your testimony. Click and submit.
Simply put, according to it’s purpose the bill, if passed, “(e)xempts from county approval state department of transportation development and construction of highways and airports”.
But while some of the emails were partially accurate, overall they were confusing and incomplete.
According to the bill itself:
Notwithstanding any law to the contrary, all structures and improvements to land to be used for state or county highway purposes:
(1) May be planned, designed, and constructed by the appropriate state or county department without the approval of county agencies;
(2) Shall be exempt from any county permitting requirements; and
(3) Shall be exempt from any county agencies' special management area permitting requirements.
It also similarly exempts airports.
Let’s start with some debunking. First of all the bill would not, as some said, exempt the Harbors Division because harbors are the one area that is already exempted from county permitting That includes exemption from the Shoreline Management Area (SMA) permits for which the counties are responsible, as PNN exclusively and extensively reported in the fall of 2007 during the Hawai`i Superferry (HSf) debacle.
This bill- which is similar to ones that have been introduced every session of the legislature in recent years- would grant the same exemption to airports and this year adds on state highways, something that Kaua`i Representative Mina Morita told PNN at the time she opposed but feared would someday pass.
At the time we tried to find out why there was no SMA permit for the Superferry and our queries wound their way from the unreturned phone calls to the Kaua`i Planning Department all the way up to Mike Formby the head of the Harbors Division of the Department of Land and Natural Resources (DLNR) who informed us of and cited the exemption.
But the problem is that the state has no right to trump the federal Coastal Zone Management Act (CZMA) which requires the states to protect the shorelines.
As we wrote in a November of 2007 investigative report:
Formby has repeatedly refused, in writing, to answer repeated requests for required documentation of compliance with the federal Coastal Zone Management Act (CZMA). Rather, has refused to answer or discuss any issues of federal law.
When asked for the documentation of state compliance with various processes required by federal law, Formby, an attorney, has refused to provide documentation for compliance. He also refused to discuss and legal issues relating to any federal regulations
He has cited a state law exempting harbors from compliance all county permits, including Shoreline Management Area (SMA) permitting which though federal law is issued at the local level- in Hawai`i at the county level.
The state is in effect playing a shell game in which they have given the responsibility for enforcing the CZMA- imposed upon it by the federal government and which they can’t legislate their way out of- to the counties under one shell and under another they have exempted harbors from county permitting which they can legislate.
Neat trick, eh?
So with all the legal actions at the time why didn’t anyone file suit in federal court based on the lack of enforcement of the CZMA in order to stop the HSf until the counties issued SMA permits?
That became PNN’s $64,000 question at the time. Turns out it would have cost even more than $64,000- and another set of attorneys- to open another suit, especially in federal court where Maui attorneys who were fighting the infamous HSf “EIS” case had already lost an earlier unrelated round.
Although a small group of concerned Kaua`i citizens contacted a prominent CZMA attorney in San Francisco and tried to secure funding for a federal challenge to the exemption, the lion’s share of the legal fund contributions for fighting the HSf were being directed toward the EIS case on Maui and the federal suit was never filed.
We’re pretty sure the legislature is counting on the fact that they’ve been exempting harbors from the SMA for years without a challenge to say they can also exempt airports and now highway projects given their Superferry-proven penchant for the Minotaur behavior of “doing what’s wrong as long as they can”.
While the Bad Bill Alert alerted us to the upcoming hearing in Morita’s EEP Committee tomorrow they failed to report the current status of the bill which has already been heard and passed unanimously out of the Joe Souki’s TRN Committee and in fact has passed second reading in the house with the referral to EEP.
Testimony for tomorrow’s EEP hearing can be entered directly at the email testimony web site. When you get there, type in HB2433 in the box and click button that says "get latest hearing" and it will auto fill-in the info for you. Then type your name, email and address and enter your testimony. Click and submit.
Thursday, February 4, 2010
POND SCUM VS. TOXIC SLIME
POND SCUM VS. TOXIC SLIME: The state house’s disgraceful action in denying civil unions was made more unpalatable by the repugnant voice vote that tried to hide their positions.
But while most just accepted the bamboozle of many of the assorted scumbags, one reporter, Adrienne LaFrance of Honolulu Weekly (thanks to Larry Geller for the heads-up) took it upon herself to find out who voted which way by a simple method – she asked them.
Of course North Shore Representative Mina Morita had the strongest statement of all as to why she opposed the vote to indefinitely postpone action saying:
“I voiced my ‘no’ to the motion… To say that I am disappointed and ashamed on what happened on the House floor would be an understatement.”
That was obviously a truncated version a post on her new blog which said:
The vote on House Bill 444 has been postponed indefinitely. To say that I am disappointed and ashamed on what happened on the House floor would be an understatement. I believe the public, whether one was for or against civil union, deserved a definitive closure on this issue. I have been clear where I stand on this issue. I support civil unions. The posturing on this bill, by not correcting a defective date and all the procedural maneuvering, has been shameful. We were not leaders today.
As to the other two Kaua`i reps, well known bigoted racist Jimmy “Can’t keep his pants on” Tokioka was at least straightforward in his assholedom saying simply
“I voted yes.”
But of course we knew he would based on his opposition last year.
For the worst in mealy mouth bullsh-t responses we’ve gotta give the prize to West Side Rep. Roland Sagum. After voting against the original bill last year he had the nerve to say:
“People in the gallery wanted a roll call but it went down as a voice vote. It wasn’t because we are trying to hide anything… I don’t want to tell you, though. I’m trying to honor the process.”
Can we please do something about ditching these two embarrassments next November? Somebody... please... if you live in one of those two districts run for the state house. These guys have had a free pass long enough.
But while most just accepted the bamboozle of many of the assorted scumbags, one reporter, Adrienne LaFrance of Honolulu Weekly (thanks to Larry Geller for the heads-up) took it upon herself to find out who voted which way by a simple method – she asked them.
Of course North Shore Representative Mina Morita had the strongest statement of all as to why she opposed the vote to indefinitely postpone action saying:
“I voiced my ‘no’ to the motion… To say that I am disappointed and ashamed on what happened on the House floor would be an understatement.”
That was obviously a truncated version a post on her new blog which said:
The vote on House Bill 444 has been postponed indefinitely. To say that I am disappointed and ashamed on what happened on the House floor would be an understatement. I believe the public, whether one was for or against civil union, deserved a definitive closure on this issue. I have been clear where I stand on this issue. I support civil unions. The posturing on this bill, by not correcting a defective date and all the procedural maneuvering, has been shameful. We were not leaders today.
As to the other two Kaua`i reps, well known bigoted racist Jimmy “Can’t keep his pants on” Tokioka was at least straightforward in his assholedom saying simply
“I voted yes.”
But of course we knew he would based on his opposition last year.
For the worst in mealy mouth bullsh-t responses we’ve gotta give the prize to West Side Rep. Roland Sagum. After voting against the original bill last year he had the nerve to say:
“People in the gallery wanted a roll call but it went down as a voice vote. It wasn’t because we are trying to hide anything… I don’t want to tell you, though. I’m trying to honor the process.”
Can we please do something about ditching these two embarrassments next November? Somebody... please... if you live in one of those two districts run for the state house. These guys have had a free pass long enough.
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