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Friday, September 7, 2012
September 7, 2012 News Read
By Andrew Walden @ 4:43 PM :: 5568 Views

Fact Check: Mazie Scores 10 Misrepresentations in First Forum

Full Text: DoE Requests End to NCLB Accountability

Kauai County Prosecutor Fined for Racial Harassment of White Attorney

Hilo: Fired Old Boy Election Workers File New Lawsuits

Court: Pacific Beach Hotel Must Submit to ILWU

Honolulu Has Opportunity to Meet and Greet America's Medal of Honor Recipients

Abercrombie Named to National Governors Association Health and Homeland Security Committee

PROP: Enviros Back Pacific Ocean Partnership

VIDEO Debate: Who Will be Honolulu's Next Prosecutor ?

Lingle Comes out on Top: Hirono Tired, Repetitive

CB: …it seemed that Lingle may have got under Hirono's skin a bit; as the forum wore on, Hirono seemed to tire and to repeat statements — e.g., you know, how the U.S. is still in the worst economic recession since the Great Depression and how the Bush tax cuts favor the richest 2 percent.

For her part, Lingle seemed to sense vulnerability in her opponent and grew more confidant in her attacks. Lingle, however, is sometimes overly careful, not wanting to open herself to possible attack. Asked, for example, where she stood on the Honolulu rail project, Lingle replied that she is against the project as proposed but, if elected to the Senate, she would work with the mayoral candidate who does not support rail….

SA: Hirono said she would support a constitutional amendment that makes clear that "corporations are not people," a response to the U.S. Supreme Court's 2010 ruling in Citizens United v. Federal Election Commission which allowed unlimited independent political spending by corporations and labor unions. (Do the corporations that own newspapers have free speech?)

Related: Fact Check: Mazie Scores 10 Misrepresentations in First Forum

read … U.S. Senate Foes Reveal Tactics, Debate Facts

Solar Credits: DoTax Finally Decides to Rewrite Rules

SA: In a sobering message to Gov. Neil Abercrombie and the state Legislature, the state Council on Revenues on Thursday downgraded the state's revenue forecast because of the cost of a renewable-energy tax credit.

The council reduced the forecast for fiscal year 2013 to 4.9 percent growth, down from 5.3 percent in May, about a $16 million decline. The council also lowered the forecast for fiscal year 2014 to 3.9 percent growth, down from 4 percent.

Economists described the downgrade as a warning about the cost of a renewable-energy tax credit and said the forecast would have otherwise increased because of the state's economic recovery.

"We're kind of ringing the bell on this issue," said Jack Suyderhoud, a University of Hawaii-Manoa professor of business economics who serves on the council….

The state Department of Business, Economic Development and Tourism reported to the council Thursday that the cost of the state tax credit has grown from $34.7 million in 2010 to $173.8 million in 2012….

Abercrombie and state lawmakers had discussed curtailing the solar tax credit earlier this year, but lawmakers, under pressure from the solar industry and environmentalists to preserve a meaningful incentive, were unable to reach a compromise before the session ended. Lawmakers will likely review the solar tax credit again next year.

The state Department of Taxation is also expected to release new temporary administrative rules within a month that could restrict the solar tax credit starting in January.

"We are supportive of clean energy development, but need to make sure there's clarity and fairness to all taxpayers," Fred Pablo, the state's tax director, said in an email.

ECONOMISTS on the council compared the solar tax credit to the high-tech tax incentives under Act 221 in the past decade. The state auditor has found that the state can neither measure nor ensure the effectiveness of the nearly $1 billion in high-tech tax credits.

"It's back," Suyderhoud said of the uncertainty over tax credits….

State Rep. Marcus Oshiro (D, Wahiawa-Poamoho), chairman of the House Finance Committee, said the council's forecast validates warnings by the state House last session.

"This is an ‘I-told-you-so' moment," Oshiro said. "The speaker and majority leader and the House took the position that the renewable-energy solar tax credits were unsustainable, causing a huge revenue loss, and it would come back to bite us."….

"The tax credits are creating jobs. And it's one of the few areas, especially in the construction trades, that are actually creating jobs," said state (bought n paid for) Sen. David Ige (D, Aiea-Pearl City), idiot chairman of the Senate Ways and Means Committee.

The council's downgraded forecast casts some cloud over the state's financial outlook. The Abercrombie administration had hoped the council would upgrade the forecast after the state closed the last fiscal year in June with stronger-than-expected 14.9 percent revenue growth, leaving a $306 million surplus.

The Abercrombie administration will have to account for the lower revenue in this fiscal year's budget, and the governor will use the council's latest forecast when drafting his two-year budget proposal to the Legislature in December.

KITV: Solar tax credit changes ahead--New restrictions could go into effect Jan. 1, 2013

We Told You So: Why Stop at $500K? DoTAX Quietly Multiplies Hawaii Solar Tax Credit


read … Solar credit drags down outlook

Carpenter: Delegates’ Faith in Obama Surreal


NOONAN: 'Stale and empty... he is out of juice'...

TOMASKY: Pedestrian and Overconfident...

KRAUTHAMMER: 'One Of The Emptiest I Have Ever Heard'...

MILBANK: Obama the demigod comes down to Earth...

AP: Obama and the phantom peace dividend...

SA: Hawaii delegates laud president, convention's 'fierce determination' Hawaii Democratic Party Chairman Dante “$140M” Carpenter called the night "surreal," noting the (delegates’) faith in Obama. Abercrombie: "I couldn't be more excited. What an atmosphere."


  • NBC -5% FROM 2008
  • CBS -31% FROM 2008
  • ABC -50% FROM 2008

Full Text: Obama Speech to Democrat Convention

Full Text: Joe Biden Democrat Convention Speech

Senate Rejects Regents Maneuver to Stall Wonder Investigation

SA: State Sen. Donna Mercado Kim has refused a University of Hawaii Board of Regents request to postpone a Sept. 24 hearing into the Stevie Wonder concert debacle….

The Senate Special Committee on Accountability, which last week declared its intention to hold hearings, on Wednesday announced a 1 p.m. session on Sept. 24. It does not have subpoena powers, according to the Senate president's office.

Later Wednesday the UH regents emerged from an executive session at their Windward Community College meeting to announce the formation of a committee to "evaluate the university's operational and financial controls and oversight practices."

UH said it sent Kim (D, Kalihi Valley-Halawa) a letter announcing the commissioning of the yet-to-be-composed committee.

Kim said she received the letter Wednesday and "that they wanted us to hold off (hearings) until after that committee" rendered its report. UH had held out a target date of Oct. 18 for the public release of the report.

But Kim said, "we had already posted the agenda prior to getting that" and she said she saw no reason "to wait two months."

Moreover, Kim said, "It (the (UH committee) doesn't really go to the heart of what it is that the public wanted, certainly transparency and accountability for some of the decisions that were made."

Kim said, "It seems like what they are doing (commissioning a committee) is great, and it probably needs to be done and will probably assist us more so into the legislative session, but as far as things that took place up to this point, I think the public wants some accountability in this and wants to see what went on and what's happening with our money and so forth."

She added, "I don't see the harm of two processes going on at the same time, which is what I said to them in my letter (of reply)."

The Senate committee will accept written testimony from the public (10-mega-byte limit) at

read … Senate panel will not delay hearing into Wonder concert fiasco

Caldwell Begins General Election Ad Buys

CB: He spent some $15,000 on 27 spots that are airing this and next week on KGMB. Any spots he may have bought on Hawaii's other broadcast stations have not yet appeared in the public files.

This week's spots mark Caldwell's first general election TV ad buys….

read … Caldwell

Mufi’s Big Accomplishment: He Changed the Name of HTLA

SA: Szigeti succeeds former Honolulu Mayor Mufi Hannemann as head of HTLA, the state’s hospitality trade organization formerly known as the Hawaii Hotel & Lodging Association. He previously served on its board and is a past president of the Hawaii Food Industry Association.

One thing that Mufi did … when we changed the name to Lodging & Tourism Association.

read … Mufi’s Big Accomplishment

Kauai Prosecutor Herself In Trouble For Harassing White Deputy Attorney

CB: The U.S. Equal Employment Opportunity Commission announced the settlement Thursday after an investigation and a finding of reasonable cause. Former Deputy Prosecutor Shannon Weigel, who has worked since April 2011 for a Colorado law firm, filed the discrimination charge in 2010.

Weigel told Civil Beat Thursday Iseri-Carvalho continually made disparaging comments, such as needing to assimilate more into the local culture and suggesting she break up with her boyfriend at the time — a white man — in favor of a local boy.

The comments started about a month after she joined the prosecutor's office in 2009, Weigel said, adding that she didn't think much of the remarks until they started piling up.

"We'd have office functions and bring in food and stuff and she'd give me crap like what am I going to bring, some haole stuff?" Weigel said. "She made comments like I'd never understand anything about the Hawaii culture because I am from the mainland. And we need to date local boys because it will look better on the office."

Weigel said eventually she felt Iseri-Carvalho had essentially given her an ultimatum to either break up with her boyfriend or find another job.

Weigel said she worked 70 to 80 hours a week and had earned the respect of judges and other attorneys, but was unappreciated and felt singled out because of her race.

She ultimately left the office in February 2010 and filed the complaint with the EEOC. Weigel said she spent the next 14 months unemployed because she had no reference from her previous job.

(This will decide the race for Kauai Co Prosecutor)

News Release: Kauai County Prosecutor Fined for Racial Harassment of White Attorney

SA: Kauai settles harassment claim

Full Text: Executed Weigel conciliation agreement

read … Progressives new slogan

Lawyers, Politicians and Retaliation: End of Life Care goes to Court in Hawaii

SA: At stake in today's hearing before Judge Patrick Border is whether Okada's 1998 written desire to not have her life artificially prolonged should supersede the current wishes of her brother, former Hono­lulu City Council Chairman George "Scotty" Koga, whom Okada gave the authority to make health care decisions on her behalf.

Queen's attorney William Hunt argued in his court filing that Okada executed and signed a "Death with Dignity Declaration" — or advance health-care directive stating that she did not want her "‘dying' be artificially prolonged … and that her instructions ‘shall prevail even if they create a conflict with the desires of my relatives, hospital policies, or the principles of those providing (her) care.'"

On Aug. 15 the Queen's Ethics Committee found that "continuing to provide antibiotic treatment and nutritional supplementation is in violation of Ms. Okada's instructions … and such treatment should be discontinued," Hunt said in his court filing.

But the family said Queen's doctors will allow Okada to be relocated only if they first remove a surgically implanted feeding tube. The family said the hospice facility is not equipped to surgically insert a new feeding tube, so the move would hasten her death.

Makuakane said Thursday he was having difficulty finding a doctor in Hawaii to testify today on the family's behalf.

He said the doctors he contacted either had privileges at Queen's or did not want to testify against the medical center.

Related: Meet the Insurance Executive Behind Assisted Suicide in Hawaii

read … What Assisted Suicide is All About

Wealth, Power, Influence Keep Pflueger from Facing Trial for Kauai Dam Breach Deaths; Plea Deal Reportedly in the Works

HR: James Pflueger was indicted in November 2008 on 7 counts of manslaughter after a dam on his property breached on March 14, 2006, killing 7 people and an unborn child, but he has never gone to trial.

Named by Hawaii Business Magazine in February 2012 as the state’s 18th richest man, Pflueger has used his vast wealth to hire a crack legal defense team that has obtained several trial delays for nearly four years.

Two weeks ago, Pflueger sought and obtained another delay. His criminal trial was set to start October 1, but Kauai Chief Judge Randal Valenciano agreed to an extension for Pflueger. Pflueger’s legal team and the state attorney general are set to return to Fifth Circuit Court in March 2013 to discuss a new trial date. The prosecution was in the midst of re-interviewing witnesses in preparation for the October 1 trial.

While delays sought and granted have become the norm in this case, there may be more to this particular delay: Hawaii Reporter has learned the state attorney general and Pflueger’s attorneys are in plea deal negotiations.

read … Running down the Clock

Felon, Mortgage Scammer Travels to NYC to Burnish ‘Sovereignty’ Credentials

MN: David Keanu Sai appeared Aug. 10 before the United Nations on behalf of the acting government of the Kingdom of Hawaii. (He stood outside on the sidewalk) He presented to 173 member states of the U.N. General Assembly (shouted into a megaphone from the sidewalk) a protest and demand, including materials documenting U.S. breaches of international law against the Kingdom of Hawaii.

read … Kingdom of Hawaii a co-equal sovereign with U.S.

Hawaii ranks high among states in CDC study

KHON: The Centers for Disease Control has released a ranking of which states fair well and not so well when it comes to immunizing children.
The CDC study deals with the immunization shots many children get as early as a year and a half of age. It found that Hawaii is doing well compared to the rest of the nation.
“Overall probably in the 90th percentile for the major ones,” said State Epidemiologist Dr. Sarah Park.

read … Immunizations

Pedestrian Safety? Fire the city Dept. of Transportation

DN: In fact, the DOT faced criticism for the short crossing timer settings even before they were installed, at legislative hearings. Yet the deadly situation has persisted for years.

I mentioned the unspoken death quota that seems to be DOT policy before a traffic light is installed. This was referred to in print at last in a story reporting the death of an HPU student was killed near the Hawaii Loa campus and a known dangerous intersection:

… and because the area in front of HPU did not meet the minimum requirement of five pedestrian “incidents” in a 12-month period.

The article did not say what an “incident” is….

read … Fire the city Dept. of Transportation? Why that doesn’t seem like a bad idea

LUC OKs intervener status in Kihei malls case

MN: The state Land Use Commission on Thursday unanimously approved allowing three parties to intervene in the commission's review of whether or not the landowners developing two proposed shopping centers in Kihei have violated land-use conditions placed on the property.

The intervenor status means that the Maui Tomorrow Foundation, South Maui Citizens for Responsible Growth and Kihei resident Daniel Kanahele will be allowed to participate in the proceedings before the commission.

The three parties were the main push behind getting the Land Use Commission to revisit approvals for the 88-acre site where Eclipse Development Group has proposed building the Maui Outlets and Piilani Promenade shopping centers.

The groups claim Eclipse has failed to follow some of the 20 conditions the Land Use Commission imposed on former landowner Kaonoulu Ranch in granting a land reclassification from agriculture to urban in 1995.

read … Kihei malls

Hemmings: Tour Busses Clog Kailua Streets

KITV: "The latest incidents include buses stopping in the Kailua Beach Center and literally stopping on the roads and backing traffic up," said frustrated resident Fred Hemmings. "We want to maintain the residential neighborhood and not turn into Waikiki."
The residents say the tour buses and vans have increased traffic in a primary residential neighborhood. They say larger buses pull over on the side of the narrow road, causing drivers to go into oncoming traffic to get around them. In addition, frustrated Kailua homeowners say letting off dozens of tourists on a busy road creates a dangerous situation.
"You have buses, children walking, bikers and cars. It occurs in this one spot right now and it is too dangerous." said State representative Cynthia Thielen. "People are working together to find a solution before we have a tragedy,"
Read …
Hemmings for Senate



NHLC: Stop Removing Iwi at Kawaiahao Church

CB: Last month, the Supreme Court ruled in favor of NHLC, saying that the state erred in allowing the city to begin construction of the rail project without conducting a full archaeological inventory survey on the site first.

The ruling has implications for the Kawaiahao Church case, according to David Kimo Frankel, an attorney with NHLC. As in the rail case, the State Historic Preservation Division allowed construction to begin without conducting an AIS.

Frankel filed a second motion with the intermediate court of appeals this week, on behalf of his client Dana Naone Hall, seeking to stop the removal of iwi at the church.

read … NHLC: Stop Removing Iwi at Kawaiahao Church

Election Could Bring New Leadership to OHA

CB: the race to replace Kauai Trustee Donald Cataluna involves 11 candidates, many of them in their first-ever political race….

In addition to Apoliona and Ritte, there are three other candidates in the at-large field, the best known of whom is Cal Lee, the former Saint Louis School and University of Hawaii football coach.

Apoliona has been an OHA trustee since 1996 and served as board chair during most of the last decade. A musician and former head of ALU LIKE, the private, non-profit that has assisted Native Hawaiians in efforts to achieve social and economic self-sufficiency, Apoliona also sits on numerous boards, councils and advisory committees.

Ritte decided not to run against Machado, who he has been friends enemies with for 30 years, and instead is seeking the at-large seat.

"It did not make any sense to run against Colette," he said. "It would have been a pretty fierce battle, and I thought having two representatives from Molokai would be good for Molokai Everybody on Molokai knows I am a crook.”

read … Or not …

After 30 years of Drunken Driving, Alky Finally Gets Locked Up

SA: Leigh was legally drunk when he lost control of his car and hit a telephone poll around midnight on Feb. 22, 1994. A male passenger suffered permanent spinal injuries and two female passengers died in the crash.

His license had previously been revoked in New Jersey for three separate DUI convictions in the 1980s and his license had been revoked on Oahu in 1993 for a DUI conviction.

Leigh’s attorney, Deputy Public Defender John Ikenaga, asked that Leigh be be paroled back to Maryland to live with his mother.

read … After 30 years, finally

Health Connector Seeks Propagandist

PBN: The Hawaii Health Connector is seeking proposals from qualified bidders to provide professional communication services to promote the online health insurance marketplace currently under development.

The request for proposals contains three components: market research, communication strategy and public relations. The RFP is available at under the “Public Notices” section of the website.

The Hawaii Health Connector previously received a $61.8 million federal grant to help set up a health insurance exchange on the Islands.

The grant from the U.S. Department of Health and Human Services will go toward such areas as community outreach, language access, customer relations and information technology training and operations.

read … Propaganda Contract

PBS Insights Focuses on Democratic, Republican Conventions

PBS: As the Democratic National Convention comes to a close, INSIGHTS continues its election coverage with the second of a two-part series featuring review and critique of the national conventions of the nation’s two main political parties. On this edition, Hawaii Republicans will join host Dan Boylan to offer their counterpoint perspective. Local political observers will also be on hand for commentary about the convention.

Scheduled to appear are: Richard Borreca, Honolulu Star-Advertiser political columnist; Jerry Burris, veteran political observer; David Chang, Chair, Hawaii Republican Party; Chuck Freedman, representing the Democratic Party of Hawaii; and Frederick Rohlfing, Chair, Romney Hawaii Campaign.

watch … Democrats Strike Down God

Honolulu police change Facebook posting rules

HNN: Honolulu police has changed its Facebook posting rules after a federal lawsuit claimed the department arbitrarily deletes posts and bans those who make comments that are unfavorable to the department.

A federal judge said Wednesday the changes regarding public posting makes moot plaintiffs' motion for preliminary injunction.

The Honolulu Department of the Corporation Counsel says the police department now allows unrestricted posting on the Facebook page.

read … Facebook

Expect scrutiny of Jet Ski rental operations

HNN: the accident that killed 16-year-old Kristen Fonseca of Vacaville, CA, last month will trigger calls for more oversight. "There should be a speed limit," said Rep. Tom Brower. "Forty miles an hour is very fast. You can creep up on someone else very quickly."

"We already have so many laws right now. Many of the laws we have are unenforceable," Sen. Sam Slom said.
A state statute limits commercial jet skis to no more than two passengers per craft. Riders must be at least fifteen years old. Courses are rwtricted to a 200-foot radius. And no more than six jet skis can be on the course at one time.
Schaefer suggests tweaking the existing regulations.
"What if they say, 'We want to increase the size of your course so that there won't be too many people going next to each other?'" he said.
Brower said a bill that failed last session called for riders to have permits. It may go one step further next year.
"Should we require that if you rent a motor craft on the water, should it also require a drivers license? Should you have that much more experience?" he said. Slom thinks increased regulation could hinder jet ski rental companies from doing business.

"Small businesses in Hawaii are already over-taxed and over-regulated," he said.

read … Expect scrutiny of Jet Ski rental operations





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