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Thursday, January 8, 2015
January 8, 2015 News Read
By Andrew Walden @ 2:08 PM :: 3960 Views

Malia Zimmerman to work for Fox News Los Angeles

OHA Trustee "Dump Kanaiolowalu"

Full Text: Senators Propose Kealoha Hand Control of HPD to 'Co-Chiefs'

American Cancer Society Hawaii: 6,730 New Cases of Cancer Expected in 2015

HHSC Maui and HPH -- Solutions for Hospitals' Longevity

PV in Hawaii 2014: The Roller Coaster Ride

Star-Adv Editors: Right to Ridicule Islam must be Defended

Star-Adv: The 10 staffers who were murdered in the newsroom of Charlie Hebdo, a satirical weekly newspaper known for its cartoons, are the latest to die in the line of duty. The newspaper's commentary was no less consequential for its humor, which reflected a particularly French perspective — in this case, one that's frequently mocking of religious beliefs of all kinds, as well as atheism.

The killers asserted that they were taking revenge for the publication of a cartoon depicting the prophet Muhammad, anathema to devout practitioners of the Muslim faith. At various flash points in recent history, some political leaders, including those in France, have urged journalists to refrain from what they call provocations.

Wednesday's shocking carnage has all but extinguished such calls.

Extremists believe they can dictate when people outside their faith have overstepped their bounds. They don't have that power. But too often they've been accorded it, when news organizations self-censor or government officials try to rein in the media.

The right to have and openly express a viewpoint, even if it can be construed as offensive, is worth defending vigorously. Otherwise, the freedom to criticize society's leadership and institutions starts to erode.

(Prediction: Some pseudo-intellectual simps from UH will submit a commentary opposing this editorial.)

(UPDATE Jan 9--The predicted simp: Civil Beat Spins Conspiracy Theories About Muslim Terror Attacks in France)

(UPDATE Jan 10--Omidyar tweets similar drivel >>> Pierre Omidyar @pierre: Mourning the Parisian Journalists Yet Noticing the Hypocrisy | Rabbi Michael Lerner http://ow.ly/H5Bfr)

(UPDATE Jan 11--Ian Lind salutes author of "Mohammad's Hairy Ass" cartoons.  Both drawings can be found here.)

(UPDATE Jan 11-- NY Daily News to Obama 'You Let the World Down' with France Rally No-Show.)

read ... Free expression must be defended

Kealoha: I don't need any help from Senators or Co-Chiefs

SA: Honolulu police Chief Louis Kealoha on Wednesday dismissed a recommendation issued by four state senators that calls for assembling a team of co-chiefs to run the department.

"I don't need any help," Kealoha told reporters at the Honolulu Police Department. "My performance has not waxed or waned in light of this personal challenge."

Kealoha made the comments after the Honolulu Police Commission discussed, in executive session, a letter from the senators recommending co-chiefs as a means to "rebuild trust and confidence in our police department."

The letter was signed by Sens. Will Espero, Rosalyn Baker, Breene Harimoto and Russell Ruderman....

Honolulu Police Commission Chairman Ron Taketa reserved comment until after the lawmakers receive a response from the commission in writing in about two weeks.

"We appreciate the letter and the intent of it," Taketa said. "I don't think it changes anything, but again I think I would wait until the senator receives our response before commenting."

He added that the police department is running well.

"I don't think any of this distraction has affected the chief's performance at all," he said.

Background: Full Text: Senators Propose Kealoha Hand Control of HPD to 'Co-Chiefs'

read ... "No"

SHOPO: Body Cams 'Need to be Negotiated'

KGI: State of Hawaii Organization of Police Officers general counsel Barbara Wong said the concerns are that any agreement or change regarding body camera use at KPD will affect other island departments. They are subject to the same labor and bargaining agreements.

“What we do here will impact everyone else,” Wong said. “We do see a lot of positives.”

The problem is that departments won’t have the staff to handle a deluge of public record requests for the videos in a timely manner. She said this could create an air of suspicion when it’s a matter of resources. But the privacy issues, balanced with the right of a citizen to retrieve video content, can be difficult because departments might not have the resources to redact sensitive information on the videos.

She added that SHOPO officials want to determine how the body cam policies will work with the four main counties. She referred to a Department of Justice study on police body cams that listed among its recommendations to “go slowly.”

SHOPO Kauai Chapter Chair Jesse Guirao said the body cams appear to be a good tool, but certain issues need to be addressed at SHOPO’s Jan. 21 meeting.

“This is a working condition under our contract that is to be negotiated,” Guirao said.

read ... Working Condition

TOD: Vampire Rail Attacks Hawaii Blood Bank, Forces Relocation

SA: The Blood Bank of Hawaii is seeking financial help to relocate its primary donor center in Kalihi as a result of anticipated rail construction and is waiting for a response from rail developers.

Kim-Anh Nguyen, Blood Bank president and chief executive officer, said the request was sent to the Honolulu Authority for Rapid Transportation in September.

"We're eagerly awaiting a response … and looking forward to a conversation," she said.

On Wednesday the Blood Bank of Hawaii announced plans to move its primary donor center on the first floor of its Dillingham Boulevard building in Kalihi before rail construction begins there this summer. 

It plans to renovate its satellite location on Young Street in McCully to accommodate the donor operations now done in Kalihi.

Nguyen said the renovation is estimated to cost at least $650,000 and does not include moving expenses.

She said rail developers also want an easement through the property and to use some parking spaces during construction.

Nguyen said her organization is required to comply with federal regulations in operating the Blood Bank, including certain standards of hygiene.

"With the daily construction comes noise, dust and vibrations," she said. "We have extremely sensitive machines. Our operations have to be controlled and predictable."

read ... Real TOD at Work

Green: E-Cig Regs to be Top Priority

SA: Meanwhile, state Sen. Josh Green, chairman of the Senate Health Committee, said Wednesday he plans to make e-cigarette regulation a priority in the upcoming legislative session.

Green, a Hawaii island Democrat who represents Naalehu and Kailua-Kona, said he's supporting a proposal to create regulatory parity with traditional cigarettes. Under the proposal, e-cigarettes would be banned everywhere traditional smokes are in Hawaii, including public buildings, beaches and restaurants.

"We should have the same standard as for regular cigarettes," he said, adding that it might even extend to imposing the same level of taxes.

Green said he also expects to see bills to allow the state Department of Health to regulate e-cigarettes in regard to their nicotine content and to raise the age at which one can legally purchase an electronic smoking device from 18 to 21.

"We're seeing a lot of 18- and 19-year-olds buying them for younger teens," he said.

Green, a physician, said he's taking the issue seriously before it becomes a health problem.

"I'm very worried today's e-cigarette users will be tomorrow's traditional cigarette smokers," he said.

read ... Tax Hike Coming

Musubi-Gate: 5 Years Later Calvin Say Gives up on Retaliating Against REIT

CB: House lawmakers passed HB 1726 last year, but then-state Sen. David Ige, who is now governor, declined to hear the bill. It’s not clear why — Ige didn’t respond to multiple requests for comment.

Rep. Calvin Say, who introduced last year’s bill, said he doesn’t plan to do so again when the legislative session starts this month. He wants the state to update its aging tax infrastructure first before adding more responsibilities to the tax department....

(NOTE: Calvin Say is a $1000/mo no show director of Warabeya, USA a musubi manufacturer which leases from the HRPT REIT.)

Fergus, who has worked as a real estate developer and investor in Hawaii for more than 35 years, is not whom you’d expect to be an activist in favor of jacking up taxes on real estate investments. And he says he’s generally a private person who is largely unfamiliar with the political process.

But he became passionate about real estate investment trusts when the Legislature passed a law in 2009 to help lessees on land owned by HRPT Properties Trust in Mapunapuna and Kalihi Kai to negotiate better rents with the Massachusetts-based company. Tenants of the REIT, which purchased the land from Damon Estate, complained that their new landowner was overcharging them.

Flashback 2009: Musubigate Scandal ensnares Calvin Say 

read ... Another Tax Hike

Conflict-of-interest clause doesn’t apply to legislators

Question: How is it that elected state politicians are allowed to practice nepotism in the workplace? Legislators continue to have relatives on their payroll.

Answer: Although there is a conflict-of-interest provision in the state ethics law that would prevent employees from hiring a spouse or dependent child, it does not apply to elected legislators.

"There is no nepotism law per se," said Les Kondo, executive director of the Hawaii Ethics Commission.

A bill was introduced during last year's legislative session to prohibit legislators and public employees from advocating for, appointing, employing, promoting, supervising, or advancing any relative to public office or employment.

However, the bill died early in the session because of concerns raised that it was too broad in scope on one hand and not broad enough in defining relationships that would fall under nepotism on the other hand (insert excuse here).

The Hawaii Ethics Commission also has sought restrictions on lawmakers.

"During my tenure, beginning in 2011, we've introduced bills every session that would establish anti-nepotism provisions," with similar results, Kondo said.

The state does have a conflict-of-interest provision in ethics laws that applies to "employees," but not to lawmakers, who are "defined as legislators and not employees," he said.

read ... Kokua Line

Rep Mele Carroll Resigns as Chair of House Human Services Ctte

PR: Rep. Dee Morikawa has been tabbed as the new chairwoman of the House Human Services Committee following a request by Rep. Mele Carroll to be reassigned from the post because of health issues.

In a news release, Carroll (D, Lanai-Molokai-Paia-Hana) said the change would allow her to focus on her district, family and health. She did not elaborate on the health issues.

read ... Resigns

Hawaii Co Council votes to settle panhandler civil rights case

HTH: The American Civil Liberties Union, which along with Honolulu attorney Matthew Winter of Davis Levin Livingston is representing Guy, asked a U.S. District Court judge in Honolulu to overturn the county’s ordinance banning aggressive solicitation anywhere and the blanket ban against panhandling in any county park.

Judge Susan Oki Mollway, in granting a Sept. 19 temporary restraining order, said the ACLU is likely to prevail based on its argument that the solicitation ban is content-based.

The county has defended the 1999 ordinance, saying it protects the public from aggressive solicitation. County attorneys say the ordinance is narrowly tailored to protect the public, while permitting individuals to continue to solicit.

read ... Keeping the Homeless, Homeless 

Kauai Council Rejects Pay Hikes

KGI: Potential raises recommended for some top county officials may not be happening after all.

The Kauai County Council on Wednesday narrowly rejected a Salary Commission proposal that would have increased the maximum salary limit for 22 department heads, including Mayor Bernard Carvalho Jr., County Engineer Larry Dill and County Attorney Mauna Kea Trask.

“For me, it’s about context, it’s about the budget, and not whether the numbers are right or wrong — it’s about the fact that we haven’t had a balanced budget in this county for about five or six years,” Councilman Gary Hooser said before casting his vote against the recommendations. “I believe we need to stop that process and the only way to stop that process is to stop spending money until we get a balanced budget.”

A supermajority of the council — five — needed to vote no to deny the raise request. That meant two yes votes would have approved the measure on the seven-member council.

Councilwoman JoAnn Yukimura cast the sole vote to approve the salary changes.

read ... No Balanced Budget

Inspector General Questions $7.4M Hawaii Homeland Security Spending

HST: Although states and urban areas generally administered homeland security grants efficiently and effectively in FY 2014, strategic planning and oversight of grant activities by the Federal Emergency Management Agency (FEMA) needs improvement, according to an audit report by the Department of Homeland Security (DHS) Office of Inspector General (OIG).

DHS provides funding through the Homeland Security Grant Program (HSGP) to assist state and local agencies in enhancing their capabilities to prevent, protect, mitigate, respond to and recover from terrorist attacks, major disasters, and other emergencies. FEMA is responsible for the administration of the HSGP....

FEMA awarded Hawaii about $27.8 million in SHSP and UASI grants for FY 2009 through FY 2011. The Inspector General identified approximately $7.4 million in questioned costs as a result of Hawaii’s failure to state not comply with federal procurement rules, unsupported personnel time charges, and an inability to support the benefits received by local subgrantees for funds withheld by the State Administrative Agency.

However, the OIG said, “In most instances, the State of Hawaii distributed and spent the awards in compliance with applicable laws and regulations.”

read ... FEMA’s Oversight Of Homeland Security Grant Program Needs Improvement

Hawaii Film Office Harasses Photographers

KHON: Since 2010, Dallas Nagata White has made a living as a photographer. A photo of her and her husband with the glow of the volcano as a backdrop went viral on the web.

Earlier this month, she checked with the state’s film office to see what was new when it comes to permit requirements and came across something that caught her by surprise.

“When I noticed that something had changed on the website and it said all filming activity on state land for commercial and non-commercial activity required a filming permit,” she said. “Considering there was no definition on what non-commercial activity entailed, it’s just vague and could be left wide open, it could mean you couldn’t take a selfie on the beach.”

So what does non-commercial film activity mean? Does it mean that you also had to get a permit if you wanted to take pictures of parks, beaches or other public attractions?

KHON2 turned to state film commissioner Donne Dawson for answers. When asked if people were prohibited from taking selfies or cell phone photos, Dawson said, “I’m sorry that’s ridiculous. Number one, we could never police that.”

Dawson went on to clarify that non-commercial activity refers to “anything that is educational or non-profit in nature, so that means student film productions, that means Aloha United Way if they film a commercial.”

read ... More Useless Paperwork

Gabbard: Solar Tax Credits Will Stay

KITV: Currently there is a 30 percent federal tax credit. There is also a $5,000 tax credit for each 5kW system from the state.

Local lawmakers said right now that credit is staying put.

"The solar tax credit is still in place. I don't plan on introducing anything that would affect that solar tax credit," said Sen. Mike Gabbard.

The federal tax credit could come to an end after 2016.

While there had been talk of limiting the local tax credit, Gabbard said that wouldn't happen for years.

"I've continued to be in contact with the solar industry and all the other stake-holders and people seem to be satisfied with where it is right now," said Gabbard.

Nearly 5,000 homeowners are waiting to connect their solar system to the energy grid.

But 2015 could also have some bright spots.

A mainland study, paid for by HECO and solar installers, is looking at how residential solar can continue to expand in Hawaii. Those results are due at the end of the month.

read ... End of Month

Former Kalaheo HS teacher guilty of 'harassment' of Underage Student, Gets $500 Fine

HNN: "I was drunk, and young and impressionable, and I knew I depended on his stamp of approval if I was going to the college of my dreams in September.” Those words from “K.F.”, the complaining witness in the harassment bench trial of former Kalaheo High School Teacher Marc Murdock in Kaneohe District Court.

K.F., addressed by her initials, was a 17-year old senior when she and the 56-year-old Murdock engaged in consensual sex earlier in 2014. That is not a crime in Hawaii. What is was the repeated harassment from Murdock afterwards, as he continually texted, called and emailed her. Once, he showed up to her place of work and refused to leave....

Murdock received a 30-day suspended jail sentence, meaning he won't serve time so long as he maintains and upholds the conditions set forth by the judge for a period of six months. Those conditions being he may not have any contact with the former student. He must remain arrest-free, and he must continue the mental health treatment he's been receiving until discharged.

Murdock also received a $500 fine.

read ... Child Molester

State to pay $134,000 in death of child

SA: Lawyers in the state attorney general's office are reviewing the latest decision and will be meeting with Attorney General Russell Suzuki to decide what to do next, said spokes­woman Anne Lopez.

The Intermediate Court of Appeals on Dec. 30 affirmed the lower court ruling, which noted a "failure" by DHS to properly document injuries to Brayden and disseminate that information to other child welfare professionals, as well as "inaccuracy and sloppiness of DHS record-keeping."

"It is undisputed that the decedent fell within the class of children DHS is statutorily obligated to protect and that DHS had a duty to prevent further abuse to him," the appeals court stated.

On appeal, DHS contended that 16 of the Circuit Court's 71 "findings of fact" were clearly erroneous and eight of 37 "conclusions of law" were wrong.

The appeals court rejected the state's assertions.

Chang wrote in his August 2013 ruling that Brayden McVeigh had a brief life that was "marred by violence and pain."

At birth Brayden tested positive for opiates resulting from his mother April's prescribed methadone treatment and subsequent addiction, Chang said.

The father was subject to intermittent fits of anger or violence, the judge said.

At 5 weeks old, Brayden experienced a traumatic fracture of his right upper arm, and Chang said there was evidence the child suffered multiple injuries resulting in black eyes and bruises

read ... State to pay $134,000 in death of child

Hawaii Atheist Wins First Victory in Michigan

WFB: “It’s very surprising that one guy can come from out of state and start all this. It is very shocking and disappointing,” said Hall. He said many residents believe the council caved to a “bully.”

Mitch Kahle came into Grand Haven and threatened to sue the city if the cross was not removed. He also targeted a school club.

Kahle is no stranger to pressuring governmental agencies. In Hawaii, his victories include the removal of crosses in various locations, church descriptions from the official Honolulu City website, and nativity scenes. In 1997, his first victory was forcing the Army to remove a 37-foot cross at Schofield Barracks. Kayle also received the coveted Freedom from Religion Foundation award for his work in convincing the Hawaii Senate to drop prayers to open legislative sessions.

read ... History Repeats Itself

Former Bank of Hawaii CEO Landon's time on Fed board could be short

PBN: While a full term on the Federal Reserve Board of Governors is normally 14 years, in one scenario, former Bank of Hawaii CEO Allan R. Landon could serve for only one year.

President Barack Obama announced on Tuesday that he planned on nominating Landon, who retired from Bank of Hawaii (NYSE: BOH) in 2010, to the Federal Reserve Board of Governors. The Obama administration has not decided whether he will nominate Landon to the seat vacated by Sarah Bloom Raskin in March or Jeremy Stein in May.

Justin Schardin, associate director of financial reform at the Bipartisan Policy Center, a think tank based in Washington, D.C., wrote in a blog post that the choice matters because the term to which Raskin was confirmed expires on Feb. 1, 2016 and Stein's expires on Jan. 31, 2018.

read ... Short Timer

Feds Mandate Hawaii Ag Wage $12.98 / hr

CP: Large increases in the minimum wage for agricultural foreign guestworkers are not expected to slow their usage much in the West or Southeast.

The number of H-2A visa foreign guestworkers on West Coast farms will continue to increase while at a slower pace due to a large uptick in their mandatory minimum wage, says the director of the Washington Farm Labor Association.

The mandatory minimum, known as the Adverse Effect Wage Rate or AEWR, has gone up significantly throughout the West.

The rate, set by the U.S. Department of Labor, went from $11.87 to $12.42 per hour in Washington and Oregon for 2015. That’s a 55-cent jump. Only Hawaii’s is higher at $12.98 per hour and Arizona and New Mexico increased the most, up 57 cents.

California’s AEWR increased 32 cents to $11.33 per hour and the minimum rose 45 cents to $11.14 in Idaho, Montana and Wyoming.

The AEWR is based on Department of Labor surveys of agricultural wages by region

read ... $12.98/hr

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