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Saturday, September 19, 2015
September 19, 2015 News Read
By Andrew Walden @ 6:47 PM :: 6219 Views

Guam: Busted Again, Sex Offender Resigns as Rep Bordallo's Chief of Staff

Courtroom Showdown: Hee Crony to be Ousted from KSBE Board of Trustees?

HNN: Since 2011, Janeen-Ann Olds has served as a board member of the $11 billion organization, which educates nearly 50,000 native Hawaiians. She's also the CEO of Sandwich Isles Communications, whose founder was convicted of looting the company in July.

In a letter to the state Probate Court, a number of influential graduates, including former Kamehameha Schools trustee Douglas Ing and Lunalilo Homes trustee Kamani Kuala'au called on the court to reject Olds' reappointment.

Sources said similar letters were sent by former Kamehameha Schools Kapalama campus headmaster Michael Chun and other members of the alumni....

It was under Olds' watch that Sandwich Isles' founder Albert Hee skimmed $4 million from the company and its parent Waimana to pay for a home in California, his childrens' college tuition and phony wages for his wife. The Federal Communications Commission is now investigating the company's finances.

Olds was never charged in the case and has petitioned the state Probate Court for a second, five-year term, a job that pays about $120,000 a year....

Toni Lee, a 1949 Kamehameha Schools graduate, said she met with Olds on Monday to ask her to reconsider....

Attorney Carroll Taylor, a trust law expert, said there's plenty of case law that says that the Probate Court should consider Olds' actions or inaction at Sandwich Isles when it considers her reappointment.

"The court appointing a trustee can consider any factors that would implicate the trustee's honesty, integrity, diligence," said Taylor.

"What's kind of interesting is that the classes people being affect by her role as a trustee and her role at (Sandwich Isles) is basically the same class of people. So if I were the appointing authority that would make me even more concerned."

Olds did not return calls. The Probate Court will hold a hearing on the matter on Oct. 8.

Cataluna: Olds’ bid to remain trustee splits Kamehameha Schools

September 13, 2015: Tax Cheat Al Hee Ripped off Native Hawaiians, Could Get Boot from Hawaiian Homelands

As We Explained Ten Years Ago:  Sandwich Isles Communications: Political Connections Pay Off

read ... Kamehameha Schools trustee conflict

Fake Indian Tribe Aha--Court Hearing October 20

WHT: An election for delegates to a Native Hawaiian constitutional convention will proceed as planned, despite a challenge in federal court.

“Our plan is to keep to the schedule,” Bill Meheula, attorney for Na‘i Aupuni, a nonprofit organization that is organizing the election and will oversee the aha, or convention, said Friday.

Deadline for Native Hawaiians to register to vote is Oct. 16 and voting is scheduled to begin Nov. 1 for delegates to the convention. Registration information is on the group’s website, http://www.naiaupuni.org/....

Meheula said the delegates could decide whether to work with the U.S. Department of the Interior, which is currently drafting a rule that establishes an administrative procedure to use if the Native Hawaiian community forms a unified government that seeks a formal government-to-government relationship with the United States....

The election has been challenged in U.S. District Court in Honolulu by a group of Hawaiians and non-Hawaiians who contend a race-based election is contrary to the federal Voting Rights Act and the Constitution. The case was filed by the Washington, D.C.-based public interest law firm Judicial Watch, working with the Honolulu-based Grassroot Institute.

U.S. District Judge Michael J. Seabright has scheduled an Oct. 20 hearing on a motion for preliminary injunction, which asks the election be halted until the case in chief can be decided.

The plaintiffs include two non-Hawaiians who aren’t eligible for the roll, two Native Hawaiians who say their names appear on the roll without their consent and two Native Hawaiians who don’t agree with a declaration to “affirm the un-relinquished sovereignty of the Native Hawaiian people, and my intent to participate in the process of self-determination,” that is part of the registration process.

The Aug. 28 motion argues that the plaintiffs are likely to succeed on the merits of their claims that the election violates the First, Fourth and 15th Amendments and the Voting Rights Act. They contend the election will cause the citizens of the state “irreparable harm” because their constitutional protections will have been infringed upon simply by the vote taking place.

In addition, the lawsuit contends, exclusion of non-Native Hawaiians from voting violates the 14th Amendment’s Equal Protection Clause.

“It is axiomatic that the Equal Protection Clause prohibits discrimination on the basis of race in voting,” plaintiffs said in filings supporting the injunction.

read ... OHA plans election, convention

How Executive Branch Lobbying is Exempted from Ethics Rules

ILind: ...While the law appears to regulate lobbying of the executive branch, that appearance is negated by the law’s definition of “administrative action,” which was narrowly constructed to apply only to lobbying pertaining to administrative rule making. It does not pertain to non-legislative lobbying and the significant other functions and actions of the executive branch....

There’s really no confusion there. The lobbyist law covers lobbying with respect to rules and not the range of procurement or contracting issues that have been highlighted by the Ciber lawsuit.

read ... More back and forth on executive branch lobbying

NextEra, HEI recruit boosters

SA: ...In the filing, NextEra and HEI said the individuals included “well-recognized business and community organization leaders.” NextEra said some of those leaders commented at the Sept. 4 listening session held on Maui. The PUC said it will consider the public feedback in determining whether to approve the sale.

NextEra said it has encouraged those who are supportive of the sale to make their support known at listening sessions with the PUC or otherwise express their public support for the sale.

In the same filing, the companies said NextEra representatives met with former PUC commissioners.

NextEra said the company approached former PUC Commissioner John Cole, former PUC Chairman Carlito Caliboso and former PUC Chairwoman Mina Morita since announcing interest in purchasing HEI for $4.3 billion in December.

NextEra said representatives from the company met with Morita on several occasions....

read ... NextEra, HEI recruit boosters

Feds: Rooftop Solar is Useless, Hawaii Needs More Windfarms, Industrial Solar

PBN: The renewable energy technology that presents Hawaii the greatest potential for environmental impacts is utility-scale renewable energy, including wind and solar, according to the Hawaii Clean Energy final programmatic environmental impact statement by the U.S. Department of Energy, released on Friday.

The 1,568-page report also noted that energy efficiency and distributed generation projects, including rooftop solar, would have the smallest impact on the environment. 

PDF: To see the full report, click here.

read ... PEIS

Arakawa: Maui Electric Co-op?  Muni? Report Due in October 

MN: ...Maui County has options on the table, and it is our duty to explore all of them fully. We could fight against the merger, support it, or look at creating a third option such as a co-op or public utility.

To assist in sorting out all of these options, my Office of Economic Development has recently contracted an Oklahoma firm, Guernsey, to do an "Energy Options Analysis" for Maui County that will help provide clarity for our best path forward. Guernsey has a good track record working here in Hawaii along with being familiar with our energy grid and will be analyzing the feasibility of all of the options listed above.

We hope Guernsey's initial findings will be available by mid-October....

MN: Maui Council defers action on NextEra merger resolution til Oct 16

read ... October

UH president discusses building on school’s scientific strengths

MN: AMOS conference comes to an end: Lassner says he believes ‘scientific causes and cultural uses can coexist’ ....

The AMOS Conference, presented by the Maui Economic Development Board, is the premier event in the nation devoted to space surveillance, which includes tracking of space debris. There were 540 attendees from the U.S., Japan, Korea, Australia, China, Italy, Germany, France, Spain and Switzerland.

The conference attracted 17 exhibitors, including the Maui High Performance Computing Center, Trex Enterprises Corp. and Lockheed Martin Corp. There were highly technical sessions on such matters as "Streak Detection Algorithm for Space Debris Detection on Optical Images" and "Developing Geostationary Satellite Imaging at the Navy Precision Optical Interferometer."

"We experienced a significant increase in international participation this year reflecting the international significance of tracking space objects and debris to protect commercial and military assets in space," said Jeanne Skog, president and CEO of MEDB.

"The AMOS Conference is the sole venue where that issue is discussed in depth and participants can depend on interacting with key players from government, both civilian and military, industry, NGOs (nongovernmental organizations) and academia."

AMOS is run by the Air Force Research Labs and has 3.6-meter and 1.6-meter telescopes. Keith Knox with the USAF Research Labs, in following Lassner to the stage, touted state-of-the-art research being conducted at Haleakala.

A first-of-a-kind relay mirror experiment was successfully conducted at AMOS, where a laser from the ground bounced off a mirror on a satellite and was recorded back on the ground. He added that algorithms developed at Haleakala are being built into space-based surveillance satellites.

"We are able to produce significant and rapid advances in ssa (space situational awareness) technology," Knox said.

read ... Doomed

Mental Health Plan: No Psychiatrists and No Money to Pay Doctors

MN: ...Assessment data show that in 2012, mental illness was identified as the condition that could most likely avoid hospitalization in Hawaii. Also the number of suicides for youths 15 to 24 years old more than doubled from 2007 to 2011, showing a need for behavioral health treatment.

Feedback from Hawaii stakeholders suggests that many Hawaii primary care physicians are not providing behavioral health screening because of the lack of behavioral health training and resources needed to provide these services at the primary care level, Soares said.

She said models that could be used for this initiative could include developing a training program for physicians, having doctors and other health care providers collaborate, as well as expanding the primary care team to include community health care workers and clinical pharmacists.

But those at the briefing expressed some skepticism on how the plan could work, especially on Maui, when already there is a shortage of mental health physicians and providers and keeping them on-island is a problem.

Soares said that, in some instances, using long-distance technology could assist with treating adolescents with mental health issues. Teenagers were found to be more comfortable communicating through a digital medium, she said.

Dr. Lorrin Pang, Maui District health officer, questioned various portions of the proposal, including the voluntary portion, which doctors may or may not want to participate in and asking doctors to do more for free.

But Soares said it would not be "doing more for free" because discussions need to take place about payment reform.

The behavioral health plan is being developed in conjunction with the state Department of Human Services, Med-QUEST Division and the state Department of Health.

Feedback on the proposals may be emailed to healthinnovation@hawaii.gov (type which plan one is commenting about); or via fax to (808) 586-0019; call (808) 586-0034 or send mail to (write which plan one is commenting about) Hawaii State Capitol, 415 S. Beretania St., Room 415, Honolulu 96813.

For more information go to governor.hawaii.gov and click on Health Care Innovation....

read ... No Plan at All

Next phases of Kakaako enforcement to take place Monday and Tuesday

SA: "Enforcements will continue to take place in a phased approach on the remaining blocks of Kaka‘ako Makai in subsequent weeks. Notices have been posted and handed out throughout Kaka‘ako Makai in Chuukese, English, Marshallese, and Samoan," city officials said.

The Kakaako homeless encampment surrounding the University of Hawaii Medical School and Hawaii Children's Discovery Center grew to about 300 campers in recent months as the city enforced sidewalk ordinances in areas like Waikiki, Chinatown and downtown.

The stepped-up enforcement of city ordinances came in the wake of escalating violence and concerns about health and safety in the encampment.

read ... Kakaako

100 Homeless Vanish into Thin Air

SA: On Friday some debris, from shopping carts to bike parts, continued to litter the canal and its banks.

The fence stretches along Kohou Street from Dillingham Boulevard to North King Street and protrudes so far out that it would be difficult for anyone to try to pitch a tent in the area. After the Kohou Street side is completed, the contractor will fence the opposite side of the canal along Kokea Street, city Chief Engineer Ross Sasamura said.

Where the homeless have gone is unclear. Only a handful of people could be seen Friday along Kohou Street mauka of King Street, which is outside the area being fenced.

Shirley Hilton, owner of Kahala Pacific Floors across Kohou Street from the canal, was pleased. “It’s pretty amazing,” she said, adding that there were as many as 60 to 70 people camping along the canal a week ago.

At its peak, Hilton said, the camp contained as many as 100 people.

“It’s cleaner and it feels safer,” she said.

Hilton said she’s hoping that many of the homeless made their way into shelters rather than moving into other neighborhoods.

read ... Vanished

Retired police major arrested again for negligent homicide

KHON: Charles Duncan, 72, is suspected of hitting Shari Afuso, 49, as she crossed Kuahelani Avenue in Mililani on Feb 5.

Police said Afuso was in a marked crosswalk. She died at the hospital.

Duncan was initially arrested back in February for negligent homicide, but released pending further investigation.

read ... Arrested

Hawaii Population up 1.1% to 1,419,561

PBN: Among the counties, Maui County saw its population grow to 163,046 residents in 2014, from 158,226 people in 2012, an increase of 1.78 percent, ranking it at No. 118 for growth among 814 U.S. counties. Hawaii County had the second-fastest growing population in Hawaii, with a population of 194,190 residents in 2014, which was 1.77 percent more than the 189,191 people who lived there in 2012. The Big Island was ranked 124th among the counties for growth.

Kauai County was ranked No. 202 for growth, with a population increase of 1.39 percent to 70,475 in 2014, from 68,434 in 2012.

The City and County of Honolulu had the smallest rate of growth but the largest population at 991,788 residents in 2014, which was 0.85 percent more than the 976,372 residents on Oahu in 2012. Honolulu was ranked at No. 345 among the counties for growth.

read ... Population

Criminal Defense Lawyer Happy: Appeals Court Finds Way to Reverse Murder Conviction

SA: The Hawaii Intermediate Court of Appeals on Thursday reversed the conviction of Makuola Collins because the prosecutor did not disclose to the defense before trial that he planned to use expert testimony that the victim, Joel Botelho, 27, was probably on his knees when he was shot in the chest in January 2011.

The ICA also overturned Collins’ attempted-murder conviction involving Botelho’s brother, Leon, and related firearm offenses. The court sent the case back for retrial.

Defense lawyer David Hayakawa, who represented Collins at trial, said he looks forward to a new trial.  “We’re very happy with the appeals decision...."

Hayakawa asked Circuit Judge Karen Ahn to order the jurors to disregard De Alwis’ opinion becausethe state did not include it in the pretrial discovery material it turned over to the defense. Ahn refused.

The ICA said De Alwis’ testimony was critical because it bolstered the testimony of another prosecutionwitness who said she heard a conversation outside her home, just prior to hearing what may have beenthe fatal gunshot, that suggests that Collins ordered Botelho to his knees.

The early morning shooting outside Botelho’s home happened after a confrontation between Collinsand Leon Botelho at Club Komomai in Kaneohe Shopping Center during which Leon, also known as“Bubba,” sucker-punched Collins, according to trial testimony.

read ... Appeals court cites discovery to reverse murder conviction

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