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Wednesday, March 4, 2015
March 4, 2015 News Read
By Andrew Walden @ 4:51 PM :: 4922 Views

Video: Rep Thielen Questions NextEra on Big Cable

Revolving Door: Former TV Anchors Among Ige's Latest Appointees

Is The Hawaii Reapportionment Commission About To Go The Way Of The 'O'o Bird?

Protect American Shipping? The Jones Act Record of Failure

Hawaii is Not the Hawaii I Knew

Rail Project Forum: Eminent Domain, Just Compensation, and Protecting Property Rights

Fake Indian Tribe Falling Apart: Hawaiian Civic Club Consortium Decision "Null and Void"

Final List of Neighborhood Board Candidates Released

New bids for Honolulu rail $3.9M above estimates, but below Rejected Bids

SA: Bids unsealed Tuesday for the Honolulu rail project have again come in above estimates, despite rail officials' efforts to control costs by repackaging work into smaller groups.

The lowest of the five bids that came in to build rail stations at Leeward Community College, Waipahu and West Loch came in from Hawaiian Dredging Construction Co. at $78.9 million. The most expensive was submitted by Ralph S. Inouye Co., Ltd., at $117.5 million (Which sounds impressive but its $30M over the next highest bid, so its an outlier.).

The city, meanwhile, had estimated that work would cost anywhere between $60 million and $75 million. 

($78.9 - $75 = only $3.9M over)

The bids were the first to be unsealed since officials canceled bids that had come in vastly over budget in the fall.

Bids for the three-station group opened on Tuesday had originally been part of that larger, nine-station group that came in at least $100 million above the approximately $184 million price tag that had been expected. 

($78.9 x 3 = $236.7M  $284M - $236.7M = $47.3M savings from lowest of the 9-station bids)

During the past several months, rail officials have attempted to manage expectations on this first new batch of bids. HART Executive Director Dan Grabauskas has said that the agency expects to see more effective cost reductions in the bids that come back later this year for additional rail work.

HART says it still has about 40 percent of the project left to go out to bid. Rail officials had estimated that remaining construction would cost more than $1.3 billion, according to 2012 budget figures.

Now, rail officials are bracing for the actual costs to complete that work to be much higher -- although they say they're repackaging the contracts in hopes that the bids don't come in as dramatically over budget as they did originally for the first nine stations.

  • KHON: "Despite the amounts, the bids are still, however, lower than what it would have cost the city in previous bids that were canceled in September 2014.Despite the amounts, the bids are still, however, lower than what it would have cost the city in previous bids that were canceled in September 2014."
  • SA: Closing in on the actual cost of building Oahu's transit system remains a big test for officials....
  • CB: “It appears that the strategy we put in place is working,” HART Executive Director and CEO Dan Grabauskas said
  • Flashback March 1, 2015: Bid Rigging Formula: Higher Bids = Greater Chance of Raising GE Tax = More Rail Work to Manoa, Kapolei

read ... Tax Hike Hustle

Math Problem: Does Honolulu Rail GET Shortfall Really Add Up?

CB: Gov. David Ige still isn’t convinced the money is needed, at least not yet. Ige tasked his budget director, Wes Machida, with finding out just how desperate the city is for more cash, including getting detailed cost estimate information that Honolulu officials are loathe to share because they believe it will taint the bidding process.

Machida recently told Civil Beat that the administration is apprehensive about guaranteeing a surcharge extension so early on in the project. He said there are a lot of unanswered questions about the railroad’s financial outlook, especially as it relates to the estimated $910 million deficit. Until the city can placate those concerns, Machida said it will be hard for the administration to support a continuation of the GET surcharge....

A bill to extend the tax for 25 years is already moving through the state Senate, and a hearing is scheduled Wednesday in the Senate Ways and Means Committee.

What lawmakers face in deciding whether to pour additional billions into city coffers is a numbers game of gigantic proportions and its potential economic impact on taxpayers. But where Honolulu’s rail project is concerned the numbers are confusing and don’t always seem to add up.

Determining the real surcharge deficit will be a math test for both the Legislature and City Council. Depending upon how surcharge revenues are calculated projections can show anything from a shortfall to a surplus. It all boils down to the numbers and mathematical formulas used and how they are explained.

Surcharge projections have been off base since the beginning. Now that city officials are asking for more money, the question for lawmakers is whether they can rely on the accuracy of new estimates that project revenue streams for another 25 years or more....

Diane Arakaki, HART’s chief financial officer, told Civil Beat the agency calculates its budget projections by increasing actual quarterly surcharge collections by 5.04 percent to estimate tax receipts for the similar quarter in the following year.

Arakaki says collections for the first three months of fiscal year 2012 (July-September of 2011) would be increased by 5.04 percent to project the surcharge receipts in the same quarter of fiscal year 2013.

However, HART’s method of predicting what it will receive is not always on target.

For example, in the third quarter of fiscal year 2013 (January-March 2013) actual surcharge collections totaled $55.3 million. HART’s formula increased that amount by 5.04 percent to $58.1 million, using this revenue estimate for the third quarter of fiscal year 2014.

Actual collections for the third quarter of fiscal year 2014, however, were $61.6 million, 6 percent more than even HART estimated. Yet, on a chart outlining surcharge deficits for HART directors last December, the budgeted amount for the quarter was $54 million.

But following HART’s arithmetic is not always easy, which can be confusing to the public, because sometimes the numbers just don’t seem to add up.

For instance, last December HART officials told directors that between March 2012 and September 2014 they had expected to receive $528 million in surcharge revenues and had included that in their budget. Yet, using HART’s own formula as described by Arakaki for projecting revenues, that amount should have been $492 million.

Using that math, and considering actual collections during that period were $487 million, HART’s $41 million surcharge revenue deficit shrinks to $5 million, much less severe.

However, the surcharge situation has changed since the $41 million deficit was announced. Surcharge collections for the second quarter of the 2015 fiscal year ended Dec. 31 totaled $57.8 million, more than HART expected.

read ... HART's Fuzzy Math

Hawaii state hospital private partnership gains approval of House committees

PBN: A bill that would allow the Maui region of the Hawaii state hospitals to enter a private partnership passed the Hawaii House of Representatives Tuesday morning and may continue to the Senate chamber after a final floor vote.

House Bill 1075 would grant the Hawaii Health Systems Corp. Maui region to enter a partnership with a private entity.

"I think it's good that the legislators are seeing that this is a viable option," HHSC Maui Region CEO Wesley Lo told PBN. "I'm cautiously optimistic but I think it's too early to tell."

Hawaii Pacific Health has already entered an informal partnership agreement with the region, which includes Maui Memorial Medical Center, Kula Hospital and Clinic, and Lanai Community Hospital.

The bill authorizes the Maui regional system board to enter a 25-year lease of with a "private nonprofit corporation," likely to be HPH, and charge $1 per year for rent of the facilities.

The bill also says that the governor, HHSC, and unions should meet to negotiate transfer of employees to the new private entity, and that the personnel shall be treated as private sector employees, not governed by civil service, collective bargaining and other public employee laws.

read ... Partnership

Star-Adv: Honolulu Needs to Avoid Becoming Another Junk Bond Statistic

SA: ...it's a smart move to make progress in paying more toward the health-fund liabilities than the minimum, when that's possible — again, to reduce debt of the game while the budget allows for it.

Here's why: Rating agencies take notice of liabilities such as retiree benefits, because their skyrocketing costs are seen as a burden on the $3.7 trillion municipal bond market.

They have been cited as factors in downgrades. In fact, rating agencies have recently cited growing unfunded liabilities in their bond rating downgrades and have precipitated bankruptcy filings in fiscally troubled cities across the country. Honolulu obviously needs to avoid becoming one more junk-bond statistic.

The outlines of the spending plan seem generally solid. Honolulu reaped the advantage of a $141 million "carry over" balance from the last fiscal year; a repeat appearance of such a windfall can't be counted on.

In addition, the creation of the Residential A property-tax class seems to be yielding benefits. About 1,000 more properties were moved into this higher tax bracket, adding $8 million to the current $79 million in total revenues for the class....

SA: Officials do U-turn on selling Honolulu projects

read ... Junk Bond

With Clayton Hee Gone, Campaign Finance Reform Is Moving Forward

CB: It wasn’t until eight days before the November election — two weeks after absentee ballots were mailed out and a week after early walk-in voting began — that these groups had to file their campaign finance reports with the state and publicly disclose the millions of dollars that private companies and unions had spent trying to sway the outcome.

Hawaii lawmakers are looking at making a simple change to fix this longstanding problem in time for the 2016 elections. Senate Bill 508 would add an additional reporting requirement in early October to break up the long period between filings....

House Bill 327, introduced by Reps. Marcus Oshiro and Calvin Say, originally set out to prohibit legislators from fundraising during session, including weekends, recesses and holidays.

The Judiciary Committee found this to be too broad, but passed an amended version last month that bans fundraising during the week prior to five important legislative deadlines. The bill now awaits a hearing in the Finance Committee....

Senate Bill 1344 and its companion in the House would require super PACs to provide an Internet address with a disclosure report for large contributions received from an entity that is not an individual, business or labor union; or alternatively, provide the name, address, occupation and employer of each funding source.

Rhoads wrote in the Judiciary Committee’s report on House Bill 1491 that Hawaii’s disclosure requirements do not detect the way super PACs use repeated transactions to hide the true source of the contribution.

“When the names of super PACs are meaningless or misleading, the state’s disclosure laws aimed at transparency are circumvented,” the report says.

read ... Campaign Finance Reform

PUC Grants access to all entities in NextEra-Hawaiian Electric merger case

PBN: ...On Tuesday, the PUC gave the green light to 27 entities, including AES Hawaii, Blue Planet Foundation, state Department of Business, Economic Development and Tourism, Hawaii Gas, Friends of Lanai, Hawaii Renewable Energy Alliance, Hawaii Solar Energy Association, IBEW Local 1260, Life of the Land, SunPower Corp., SunEdison, Ulupono Initiative, Sierra Club of Hawaii, Hawaii Island Energy Cooperative, Honolulu Board of Water Supply, Hina Power Corp., Tawhiri Power LLC, County of Hawaii, state Office of Planning, Earthjustice, Renewable Energy Action Coalition of Hawaii Inc., Puna Pono Alliance, and Paniolo Power.

The PUC also conditionally granted access to the acquisition case to The Alliance for Solar Choice if the lobby group is able to attain general counsel that is a member of the Hawaii State Bar Association.

TASC has about 10 days to become compliant with the PUC's general counsel rule....

The PUC said that it is cautioning these entities that their participation will be limited to the issues established by the state agency in this case.

"Moreover, the commission reminds all parties that it is imperative that their involvement in this docket reflect a high standard of quality, relevance and timeliness," the PUC said in the ruling. "Finally, the commission will preclude any attempts to broaden the issues or to unduly delay the proceedings, and will reconsider any intervenor's participation in this docket if, at any time during the course of this proceeding, the commission determines that any intervenor is attempting to unreasonably broaden the pertinent issues established by the commission in this docket, is unduly delaying the proceeding or is failing to meaningfully participate and assist the commission in the development of the record in this docket."

Florida-based NextEra Energy is acquiring Honolulu-based Hawaiian Electric for $4.3 billion in a deal that's expected to close in the fourth quarter....

Ariyoshi: Hawaii's renewable energy goal should be 100%

read ... Docket

When will we find out if NextEra is going to acquire the HECO Companies?

IM: The Public Utilities Commission has accepted all intervenors into the HECO-NextEra merger proceeding.

There are 33 parties in the Merger Docket: four applicants (NextEra, HECO, MECO and HELCO), the Consumer Advocate and the 28 intervenors.

As requested by the Commission, by March 23 the parties must filed a proposed procedural order with the Commission, identifying the issues and the pre Evidentiary Hearing Schedule.

The Commission will issue a Protective Order (Confidentiality Agreement) and a Procedural Order which will, in essence, divide the procedural process up into three phases.

The first phase is pre-trial. The first step of the first phase is discovery wherein parties ask questions to the Applicant. This includes requests for documents.

Then sequentially the Applicants file their Direct Testimony, followed by the testimony of the Intervenors and then the Consumer Advocate, and finally the Rebuttal Testimony of the Applicant.

The next step is crucial. Parties get to ask each other questions which must be answered. The Applicant gets to ask questions of the Intervenors. Everyone gets to question the state and county agencies. HECO gets to ask questions of every other party.

By Order of the Commission, all of this pre-trial procedure must be completed by August 31, 2015.

Then the Commission will establish a schedule for the second phase: Information Requests filed by the Commission to various parties, an Evidentiary Hearing, and then Opening and Reply Briefs by each of the Parties.

Contested Case Evidentiary Hearings are powerful. The American Bar Association (ABA) asserts that “the purpose of Cross-Examination is to test the credibility of statements.”

Cross-examination creates a written record, and sometimes a video record, that has altered the course of events.

Hawaiian Electric agreed in an Evidentiary Hearing, during cross-examination by Life of the Land in 2006, that climate change is real and caused by fossil fuels.

Hawaiian Electric’s argument for its proposed use of Malaysian rainforest palm oil biodiesel fell apart in an Evidentiary Hearing.

Then the third phase will be the issuance of a decision and order by the Commission. Each party then has the legal right to file an appeal to the Intermediate Court of Appeals....

read ... Henry Curtis

UH Buries Report on The Economics of Athletic Mediocrity

ILind: I was up on the UH Manoa campus yesterday afternoon and noticed an article on the school’s athletic budget woes as spelled out in a report released in mid-February (“Beyond wins and losses, Underfunding at the heart of continued UH athletic deficit, according to Jay“).

I had followed the coverage of the report at that time, like this KITV story (“UH Athletics report explores cutting programs to save money“), but had never read the report itself. It seems like a pretty important policy document potentially impacting lots of people, on and off campus....

... I resorted to a broad Google search, and found the report, “Financial State of Hawaii Athletics–Revising the Game Plan.”

It turns out to have been buried down among documents that were part of the Board of Regents’ agenda for their February 12 meeting. I didn’t find links to the report from anywhere else on the Regents’ webpage or anywhere else in the UH system....

The unfortunate reality followed in a simple statement: "While our department’s sport programs strive to compete for championships, we do so on a very bare- bones operating budget and budget shortfall that has led to program mediocrity. As our department struggles to fund our program aspirations, it remains difficult to achieve a sustainable and consistent level of competitiveness."

read ... The economics of athletic mediocrity

Hawaiian Homelands Rebuts Danner Sisters on $1M Contract

DHHL: ...the Award posted on SPO website on July 24, 2014.

HCA had the option and power to request a debriefing or submit a protest on this award pursuant to the Hawaii State Procurement Code. HCA did not submit a protest within the time set forth by the State Procurement Code.

* Special Note: The service provider which was awarded the HALE Service Contract is a woman-owned, small business operated by a third generation homesteader (native Hawaiian beneficiary) living on the Waianae Coast....

PDF: Download the HCA News Release of Feb. 20, 2015

read ... Rebuttal

HART Spends $70.2M Buying Up Properties for Rail

PBN: ...The Honolulu Authority for Rapid Transportation has acquired 34 properties totaling about $70.2 million thus far along the 20-mile rail transit route, including the recent purchase of a former sports bar property near Ala Moana Center for about $1.35 million, the county agency overseeing the project told PBN this week.

The acquisition of the parcel at 1201 Kona St., which is next to a Chun Wah Kam Noodle Factory location and which formerly housed the Sports FanAddicts Bar & Grill, was completed in October.

HART's property acquisitions range in price from $22,304 to about $6 million, the latter for the Pearl West Center in Aiea in Central Oahu.

Other top purchases as of Friday include Island Pool & Spa's property on Kona Street in Honolulu for about $5.8 million, a Chinatown parcel on Kekaulike Street formerly owned by Hawaii real estate investor Joe Leoni for $5.2 million and a warehouse near Honolulu International Airport for nearly $5 million, according to a HART acquisition summary that was provided to PBN.

Earlier this year, PBN first reported that Energy Industries Corp., an energy company founded by serial Hawaii entrepreneur Darren Kimura, is moving its Honolulu operations from its current spot near the Honolulu airport to make way for the planned multi-billion-dollar rail transit project.

Additionally, the Blood Bank of Hawaii said it is moving its Honolulu donor headquarters to its Young Street satellite office before construction on the project begins near its current location on Dillingham Boulevard this summer....

read ... HART Spending

Hawaii County Officer Arrested -- But no Hit and Run

WHT: Hawaii County police and fire officials were in agreement Monday that a bicyclist apparently struck and killed by an on-duty police officer early Sunday morning was not involved in a hit-and-run.

Assistant Chief Paul Kealoha, who oversees West Hawaii operations, said the 6:25 a.m. call reporting the collision was “right within the time frame of the accident.”

“We are not investigating a hit-and-run,” said Kealoha, who said the investigation is ongoing and will take some time to complete.

“We do have one of our own arrested,” he added.

The accident was initially reported by the Hawaii County Fire Department as a “possible vehicle versus bicyclist hit-and-run,” said Acting Battalion Chief John Whitman. The report noted that Hawaii Police Department was already at the scene.

“It was reported as a possible hit-and-run because no other vehicle appeared to be involved,” Whitman said. “It might have left some confusion.” ...

The officer has been identified as 30-year-old Jody Buddemeyer, according to police. He was arrested on suspicion of negligent homicide and subsequently released pending further investigation.

The officer, who was assigned to the department’s South Kohala District, has been placed on administrative leave pending the outcome of an administrative investigation by the Office of Professional Standards, according to police. The investigation is standard practice in any officer-involved fatality, police noted....

read ... Not Hit and Run 

251 Guards Take 'Sick Leave' During Superbowl

KHON: For some time now, KHON2 has reported on the problem of adult corrections officers (ACOs) on overtime and the number of times they have called in sick.

When that happens on the weekends, prison officials are forced to call off family visitations.

On Tuesday, the state Department of Public Safety revealed the number of ACOs that called in sick on the day of the National Football League championship game.

On that day, 251 guards called in sick. That’s a little more than a third of 673 guards assigned to work that day at the state’s eight prison facilities.

The next day, the number of sick calls dropped to 167. On Monday, the total number of ACOs assigned to work was 815....

read ... Sick Situation

Victims of crime want rights stated in Hawaii constitution

SA: "I lived in fear wondering when and if he would be released, and if he would seek revenge or harm to me," Carvalho said.

Then one day she was at the local market when she found herself face-to-face with the attacker, who had been released from prison. "Horrified, I stood frozen, unable to speak," Carvalho said. "My worst nightmare had been realized."

Carvalho is among a group of crime victims pushing Hawaii lawmakers to begin the process of changing the state constitution to spell out the rights of crime victims. In a packed hearing room at the Capitol on Tuesday, the Senate Committee on Judiciary and Labor heard the proposal and postponed making a decision on the bill until Wednesday. If approved by the Legislature and governor, the proposal would then go to the voters.

Victims of crimes currently have rights under state law. But advocates say the rights need to be spelled out in the constitution so judges will take those rights more seriously.

They want it spelled out that victims have the right to a speedy trial and to timely notifications about court proceedings and major developments. Someone would have to tell the victims about their rights to financial assistance and services available for them.

One provision they seek would have helped Carvalho by requiring that victims are notified when their attackers are released or escape from prison. Victims also would have to be given notice of any plea agreement and given a reasonable opportunity to provide input to the prosecuting attorney before prisoners are released.

They are also seeking more respect for their dignity and privacy as they navigate the criminal justice process.

Nonohe Botelho, whose son was murdered in 2011, said she was told she couldn't touch her son's body after he was murdered because his body had become evidence. "To this day, I'm haunted by the fact that I could not hold my son or kiss his face," Botelho said.

The state attorney general's office opposed the bill, saying it could cause issues in criminal justice proceedings (difficulty in going soft on crime) especially for prosecutors negotiating deals on the fly....

Sen. Will Espero, who introduced the bill, asked Goto whether he was saying the constitutional rights would be a burden to the justice system.

"Isn't that what the court's supposed to do? " Espero asked. "Isn't their job to go through a balancing of rights for the defendant and the victim?"

Goto responded that no, as it stands, the victims do not have constitutional rights elevated to the same level as the defendants....

read ... Marsy's Law

New program helps convicts reintegrate

HTH: “Often, individuals released from incarceration feel helpless in their transition,” said Brandee Menino, Chief Executive Officer for HOPE Services. “The Mentoring program works with inmates before they are released, which allows them the opportunity to build on the skills and values needed to make reentry successful. It makes all the difference to have someone in your corner that believes in you and gives you hope.”

Through Mentoring, each participant is matched with a volunteer mentor who offers advice, provides positive support, helps hone skills development and assists with securing housing and employment. Mentors are trained to build and foster the relationship, providing non-judgmental support and guidance.

By the end of the Mentoring program, the goal is that participants have increased self-confidence and achieve a level of self-sufficiency through employment and housing and are contributing, productive members of society.

Community members interested in volunteering as a mentor must be 21 years or older and participate in a mentor training workshop. A Mentor Support Group meets monthly and is open to all volunteer mentors.

For more information, or if you would like to become a Mentor, contact Steven “Happy” Stachurski, HOPE Services Hawaii’s Mentoring Coordinator, at (808) 935-3050 or send an inquiry to volunteer@hopeserviceshawaii.org.

read ... New program helps convicts reintegrate

Medicated: House Finance Committee Passes Marijuana Dispensary Bill

CB: ...A bill that would create a statewide medical marijuana dispensary in Hawaii is moving on to the full House of Representatives.

House Bill 321 passed through the Committee on Finance on Tuesday. It calls for dispensaries and production centers on every island. A similar dispensary measure,  Senate Bill 1302, is still being considered by the Senate Committee on Ways and Means and the Committee on Commerce and Consumer Protection .

Dozens of people crammed into a small room at the Capitol on Friday to have their final say on HB 321, but the House committee waited to make its decision until Tuesday.

During Civil Beat’s recent Civil Cafe, Sen. Will Espero said he was “99.99 percent” sure that a dispensary system would be enacted this legislative session....

read ... Dispensaries

Aquarium bills belly up

WHT: Committee on Judiciary Chairman Karl Rhoads said there was too much controversy and too little clarity around House Bill 873 to move it out of committee Tuesday....

Still alive and passing out of committee on Tuesday was H.B. 483, which would allow law enforcement officers to inspect the fish containers, premises and boats of wholesalers and fishermen within the West Hawaii regional fishery management area, without first establishing probable cause the way they must as laws are currently written....

read ... B-Bye to Obsession

Kauai: Mainland Developer Funds Anti-Dairy Farm Litigation

KGI: On Sunday, Kechloian, an FOM member and Koloa resident, sent out an email outlining his intention to match every donation to the group — dollar for dollar, up to $100,000 — through May 1. By Tuesday afternoon, the group had received $6,000 in donations, or $12,000 with Kechloian’s match.

“I believe it’s not only possible,” he said of reaching the goal. “I believe it will happen.”

Friends of Mahaulepu, an outspoken opponent of Hawaii Dairy Farms’ proposed $17.5 million, 578-acre dairy in Mahaulepu Valley, says it expects to spend $250,000 through the entire Environmental Impact Statement process....

“We don’t see any upside anywhere in this industrial dairy,” said Kechloian, a retired builder and developer from Seattle.

Last month, Oregon-based environmental attorney Charlie Tebbutt, who successfully represented a community group in Washington state in a lawsuit against an industrial dairy in Yakima Valley, agreed to represent FOM in its fight against HDF....

read ... Hypocrites #1 

Senate passes bill to require pesticide disclosure

KITV: Signwavers took to the streets on Tuesday demanding the right to know where high amounts of pesticides are being sprayed (but only on farms).

"People want all pesticide data. They fell like they should have the right to know, even if a general use pesticide is sprayed around their home (by farmers, but not by anybody else)," said Ashley Lukens from the Hawaii Center for Food Safety Director.

On Tuesday, the Senate passed a bill that would require agricultural (but not resorts, golf courses, or government) pesticide users to disclose their usage of the chemical to neighbors sharing fence lines with their fields.

Positions that would be in place by July 2016 if the bill passes. Senate Bill 1037 will cross over into the House on April 9.

read ... Hypocrites #2

Anti-GMO Mayoral Candidate Sentenced to 30 Days in Jail

HNN: A former Maui County mayoral candidate (and bong dealer) who was shot with a stun gun has been sentenced to 30 days in jail.

A bystander recorded cell phone video of a police officer trying to arrest Beau Hawkes outside the Old Wailuku Court House building in July 2014....

Hawkes was found guilty in December for disregarding an officer's orders and driving away from a traffic stop.

The video of him getting tased quickly went viral. Hawkes finished last in the primary election. A judge also ordered Hawkes to pay a $500 fine.

Related: Video: Anti-GMO Maui Mayoral Candidate Runs from Cop, Gets Tazed

read ... Hypocrites #3

Maui Council Retaliates on Prosecutor after he Refuses to Fire Critic of Councilman

MN: ...Guzman challenged Kim's reappointment when he submitted into the public record copies of letters from four complainants during a council Policy and Intergovernmental Affairs Committee meeting in January.

But two attorneys suggested Tuesday that Guzman had an ulterior motive.

"People believe that the reason why J.D. Kim has not yet been confirmed by the council is because of things such as personnel matters and mismanagement. It is not," said Deputy Prosecuting Attorney Richard Minatoya.

Minatoya accused Guzman of soliciting complaints against Kim only after Kim refused to fire Minatoya.

White interrupted Minatoya shortly after he began his testimony, asking the attorney to refrain from attacking council members. Minatoya said he is allowed to provide his testimony under the Sunshine Law, after which White called for a quick recess. After reconvening, White told Minatoya he had 30 seconds to conclude his testimony, which Minatoya objected to since he was not allowed the full three minutes.

Guzman and Cochran met with Kim and his first deputy, Robert Rivera, in December to discuss comments Minatoya had made about Guzman via Facebook. Cochran said Tuesday that she received "similar negative" comments via the social media website....

read ... Fun n Games with the Maui Council

Two Escape From HPD Handcuffs in One Week

KHON: A deadly fall from the H-1 Freeway has the Honolulu Police Department investigating its own procedures.

Authorities say on Monday, the 37-year-old man got out of his handcuffs and kicked the car window out of a police car.

It’s the second time in a week that someone has managed to escape this way. On Tuesday, police answered questions about the most recent escape.

read ... Cuffed

UH Manoa Fire Extinguishers Not Inspected Since 2012, Admin Tells Funny Story About Saving Pennies

KHON: There are plenty of fire extinguishers but KHON2 saw at least a half dozen with tags saying they were last inspected in 2012 or 2013, drawing some alarm from students.

“They need to be checking on it more often just in case of an emergency,” said student Kaua Abbey.

The university has its own fire safety specialist who is in charge of taking the necessary safety precautions.

“It doesn’t mean that it hasn’t been inspected annually. All of the extinguishers at the University of Hawaii are inspected annually by our office of the University of Hawaii Fire Safety Program,” said UH fire safety specialist Rudy Tulonghari.

Tulonghari says the dates on the tags don’t mean much. The university keeps a file of records in the office of all the extinguishers on campus, about 2,500 of them.

He says the tags are just there to let the people in the safety office know that the extinguishers are due for a six-year inspection, which is another requirement.

“This system is for us. It’s not for the public, actually it’s for our maintenance of records,” said Tulonghari.

So KHON2 asked why not just replace each one with the properly dated tag if each extinguisher is being inspected regularly?

“Those pieces of paper cost money. In those three years that we took out one and put in another one in when we could have just saved on the tag and left it on with our notation on there, pennies count,” Tulonghari said. (LOL!)

read ... Dumbest Excuse Yet

Turtle Bay: Abercrombie's Rush Deal Still not Finalized

CB: Turtle Bay Resort has settled a lawsuit with Keep the North Shore Country, bringing the resort one step closer to completing its $48.5 million conservation easement.

Keep the North Shore Country filed the lawsuit in December 2013 challenging the resort’s latest environmental impact statement detailing its plans to expand on the North Shore.

Last spring, the resort agreed to preserve 665 acres in perpetuity in a $48.5 million agreement with the state, city and Trust for Public Lands.

The easement means that the resort will scale back its expansion plans by building no more than two hotels with 625 rooms and up to 100 homes.

Despite securing funding last year, it’s taking longer than expected to finalize the deal. In addition to Keep the North Shore Country, two separate lawsuits by the environmental group the Sierra Club and the union Unite Here Local 5 are pending....

The Senate money committee is considering a bill Wednesday that would extend the $40 million in state funding for the conservation easement. The funding is currently scheduled to lapse in June.

Riviere said he likes the measure, Senate Bill 284, in part because it clarifies that the Department of Land and Natural Resources will be in charge of the land.

read ... Abercrombie's Rush Deal

HNL airport favored for lax scrutiny, reports find

SA: Some pregnant Chinese nationals bound for "birthing houses" in Los Angeles to deliver their babies as U.S. citizens were instructed to enter America through Hono­lulu Airport, where custom inspectors were considered to be more lax, according to federal affidavits unsealed Tuesday....

read ... Birthing Tourism

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Lessons in Firearm Education

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Research Institute for Hawaii USA

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School Choice in Hawaii

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