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Hawaiʻi Supreme Court: OHA Trustees Bound By State Ethics Code
CB: … Trustees of the Office of Hawaiian Affairs are considered state employees and must abide by the state ethics code, Hawaiʻi Supreme Court justices said in a unanimous opinion Wednesday.
The ruling stems from a series of ethics violations against former Trustee Rowena Akana, who was found to have accepted illegal gifts and used her trustee allowance for personal use on food purchases, television service and Hawaiian Airlines Premier Club membership. Most of those expenses violated both state law and OHA’s internal policies. The court opinion also upheld the 47 ethics violations against Akana as well as a $23,000 fine.
Last year, OHA argued that it should have its own ethics commission to oversee (cover up) the conduct of trustees and staff. …
Akana’s lawyers also argued that the state Ethics Commission, the agency that oversees the ethical conduct of all state employees and brought charges against Akana, didn’t have jurisdiction over OHA.
“We disagree,” Chief Justice Mark Recktenwald wrote in the opinion. “OHA is not a political subdivision such that it requires a separate ethics apparatus.” …
The opinion goes on to say that the Ethics Commission should consider the office’s bylaws when it is weighing charges against trustees. OHA’s most recent policy manuals already require trustees and employees to follow the state ethics code. They also have additional provisions regarding acceptance of gifts, travel expenses, the use of trustees’ allowances and internal staff interactions….
Read the court’s opinion here.
read … Hawaiʻi Supreme Court: OHA Trustees Bound By State Ethics Code - Honolulu Civil Beat
Police Pension Spiking Threatens Stability of ERS, Costs Taxpayers Hundreds Of Millions
CB: … Public pension spiking fueled by Honolulu employee overtime has cost taxpayers a quarter of a billion dollars over the last seven years, based on department-by-department data the county provided to Civil Beat.
Spiking hit an all-time high of $46 million after the pandemic began, in fiscal year 2022, but continued to burden taxpayers last year with $35 million in costs. That’s more than double pre-pandemic spiking costs and larger than the entire annual budgets of some county departments.
“It’s unfortunate, and it’s improper,” Thomas Williams, executive director of the Hawaiʻi Employee Retirement System, told Civil Beat. “The stability of the fund is everyone’s responsibility, and so if anyone takes advantage of it, it’s to the harm of those who remain.”
While most county departments experienced some pension spiking, it was most pronounced at the Honolulu Police Department, which accounted for 60% of the county’s costs in the last seven years, according to the data. ….
read … Honolulu Overtime Pumps Up Pensions, Costs Taxpayers Hundreds Of Millions - Honolulu Civil Beat
West Maui water: “first priority is ensuring the 8.6 million gallons per day requirement in the stream”
MN: … TY Properties attorney Grant Allison told water commission members Tuesday that the pro golf tournament has been an annual fixture and major visitor sporting event since 1999. It generates an estimated $50 million in economic activity annually for Maui, he said.
Allison said the golf courses were denied the use of groundwater for irrigation, despite what he called a history of using it during times of need. He called the tournament’s cancellation “preventable,” asserting that groundwater “should have been used.”
MLP Chief Executive Officer Race Randle said his company is prioritizing in-stream flow requirements during the drought. He noted that the company’s first priority is ensuring they maintain the 8.6 million gallons per day requirement in the stream….
(TRANSLATION: The golf tourney is lost because MLP has been legally forced to dump 8.6M gallons per day down the stream.)
Race Randall, the chief executive officer of ML&P, stated that the company’s first priority is to maintain the 8.6 million gallons a day required for in-stream flow standards, which has been “quite challenging” this year. The limited flow means that often there is no water to divert for other uses….
(TRANSLATION: The golf tourney is lost because MLP has been legally forced to dump 8.6M gallons per day down the stream.)
The companies have established a clear prioritization for the available water:
- In-stream flow standards: Ensuring the minimum flow for the stream’s ecosystem.
- Domestic use: Delivering water to the county’s treatment facility to be converted into potable drinking water.
- Fire protection: Maintaining reservoir levels for fire hydrants and helicopter use.
Hawaii Water Service General Manager Geoff Fulks explained that the water providers have a “no-go zone” for reservoir levels, reserving a minimum amount for fire flows. This priority often means that there’s little to no water left for other needs, such as non-potable irrigation for agriculture and golf courses….
(TRANSLATION: The golf tourney is lost because MLP has been legally forced to dump 8.6M gallons per day down the stream.)
Water Department Deputy Director James “Kimo” Landgraf said the department supports commission recommendations to increase reservoir storage and expand the use of recycled water. He also noted that a new well, which is 95% complete, cannot be used without a new permit from the commission….
The commission’s next meeting is Oct. 28….
Big Q: What do you think of the PGA Tour canceling its season opener on Maui due to drought? | Honolulu Star-Advertiser
SA: Maui County mulls buying water system amid drought | Honolulu Star-Advertiser
read … State water commission takes fire for ‘inaction’ amid West Maui water crisis : Maui Now
Politicos Pretend to try to do Something About Lost Golf Tourney
HNN: … James Tokioka, director of the state Department of Business, Economic Development and Tourism, says he’s not going to stop trying to get the tournament played on Maui….
He points out that the PGA announcement didn’t say the tournament was canceled, just that the venue was ruled out.
The statement said “the 2026 playing of The Sentry will not be contested at The Plantation Course at Kapalua due to ongoing drought conditions.”
Asked if PGA gave any indication that they’re open to another venue, Tokioka said, “I haven’t been in that discussion, but if you look at the press release, it doesn’t close the door for anything in Hawaii, so that’s a good thing.”
Tokioka says he suggested the private King Kamehameha Golf Club south of Wailuku to the PGA based on recommendations from the Maui Junior Golf Association. It has stunning views and a world-class club house, but its unclear if it is challenging enough for the worlds best golfers.
And club leadership didn’t even know Tokioka has made the suggestion.
(TRANSLATION: This is 100% fake for public consumption.)
Big Q: What do you think of the PGA Tour canceling its season opener on Maui due to drought? | Honolulu Star-Advertiser
read … State hopes change in course will salvage Sentry golf tournament on Maui
Judges allows lawsuit over state House committee to continue
HTH: … A Honolulu judge has ruled that a court challenge to the state House of Representatives’ closed-door meetings of the House Advisory Committee on Rules and Procedures can proceed.
First Circuit Judge Shirley Kawamura on Monday granted in part and denied in part the House’s amended motion to dismiss the complaint by an ad hoc group including former state senator Laura Acasio of Hilo….
Noting the House “alleges that Rules Committee meetings were organizational and thus exempt from the open meeting requirements” of the state Constitution, Kawamura ruled: “Viewing the complaint in a light most favorable to plaintiffs, it does not appear beyond doubt that the alleged meetings were organizational and thus exempt from the Article 3, Section 12, Open Meeting Clause.”
The ruling, which denies the House’s claims that the meetings are exempt from the constitutional open meeting provision, paves the way for the issue to move forward to trial, which is scheduled for June 2026….
read … Judges allows lawsuit over state House committee to continue - Hawaii Tribune-Herald
Hawaiʻi High School Seniors Could Face Major Spike In Graduation Costs
CB: … The education department is looking to increase student fees for the first time in a decade, including club dues, the cost of newspapers, yearbooks and other basic student purchases.
Graduation caps and gowns could see the biggest price jump, from $25 to $125 starting next year. But some Board of Education members, who are responsible for approving many fee raises, have raised concerns that price hikes could prevent students from participating in important school events.
Since 2011, high schools have been able to charge students a maximum of $25 for caps and gowns, according to a memo from Department of Education Superintendent Keith Hayashi. It said the maximum price hasn’t kept up with the rising costs of goods.
The education department doesn’t need board approval to increase the price of graduation gowns. But Hayashi said he’s been waiting to increase the price limit until BOE members review other fees that do require their approval. …
read … Hawaiʻi High School Seniors Could Face Major Spike In Graduation Costs - Honolulu Civil Beat
Failure of Mental Health Care System: Penn back in court after allegedly violating protective order
HTH: … BJ Penn made his initial appearance Wednesday in Hilo Family Court for a charge that he illegally entered the Puueo Street property of his mother, Lorraine Shin, in violation of an order for protection from him she received last month….
(CLUE: None of this provides the mental health care that BJ Penn needs. This case embodies the failure of the mental health care system.)
read … Penn back in court after allegedly violating protective order - Hawaii Tribune-Herald
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