Best-kept secret is HB29 HD1 that is being quietly pushed through at the Hawaii State Legislature.
#HB29 is getting weirder by the minute. An attorney from Ashford & Wriston representing the Hawaii Bankers Association (HBA( testified that Hawaii already has a non-judicial foreclosure for delinquent mortgages, which is true. She cited the Hawaii Revised Statutes HRS 667 on foreclosure.
So, Chair #DavidTarnas said he would incorporate the bankers’ testimony into their HB29. amendment.
But, why? It doesn’t make sense. There is NO Mortgage involved. No private property owner applied or got a mortgage from the County.
We’re talking heavy smokes and mirrors, apples and oranges here. Expectedly, Bankers can force a NON-JUDICIAL foreclosure if a private property borrower does not pay. A property owner knowingly entered into a mortgage contract with promise to pay the bank.
But with this new POWER OF SALE HB29, it’s a forced “taking”. The County wants to sell a private property — based on a County civil fine — WITHOUT going to court. EVERY private property owner becomes a sitting duck.
This is really spooky. It exposes all private property owners to the whims of the government. HB29 HD1 is a fast lane to Tyranny.
Give voice. I testified that allowing the Counties Non-Judicial POWER OF SALE – – to sell private properties based on DPP’s civil fines WITHOUT going to court – – is unconstitutional and violates the 14th US Amendment. I asked if the public can trust DPP to be the POLICE, PROSECUTOR, JUDGE, JURY, & EXECUTIONER!
You can also see the Honolulu Department of Planning and Permitting’s reasons for wanting more easy Powers here. Dawn Takeuchi Apana‘s excuses for this quick Power of Sale are that their existing eminent domain power is too slow and costly and the city is short-staffed.
Do we really want to trust DPP who does not respect basic Constitutional Private Property Rights?
2/5/2025 H The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) #Tarnas, #Poepoe, #Belatti, #Hashem, #Kahaloa, #Perruso, #Takayama, #Todd; Ayes with reservations: Representative(s) #Shimizu; 1 Noes: Representative(s) #Garcia; and 1 Excused: Representative(s) #Cochran.
1/31/2025 H Bill scheduled to be heard by JHA on Wednesday, 02-05-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
1/30/2025 H Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) #Alcos, #Matsumoto, #Reyes Oda voting aye with reservations; Representative(s) #Garcia, #Muraoka, #Pierick voting no (3) and Representative(s) #Cochran, #Ward excused (2).
1/30/2025 H Reported from WAL (Stand. Com. Rep. No. 20) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
1/28/2025 H The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) #Hashem, #Lamosao, #Ichiyama, #Iwamoto, #Morikawa, #Poepoe, #Shimizu, #Souza; Ayes with reservations: Representative(s) #Belatti; Noes: none; and 1 Excused: Representative(s) #Woodson.
1/24/2025 H Bill scheduled to be heard by WAL on Tuesday, 01-28-25 9:00AM in House conference room 411 VIA VIDEOCONFERENCE.
In a world of Tic Tok and Instagram 30 seconds soundbites, here are some more reading for those of you who are interested in more information for this Elections.
Im sharing a few excerpts from various printed sources. Choon James for Mayor.
COMMUNITY ORGANIZATIONS/PRIOR OFFICES HELD
Oahu General Plan Working Group; Hawaii2050 Working Group; Koolauloa Sustainable Communities Advisory Planning Committee; Hospital board member; Defend Oahu Coalition–Keep the Country Country; Laniloa Point Community Association, president; Laie Community Association Board; BYU-Hawaii Alumni Association, president; BYU-Provo Alumni Board; Save Oahu Farmlands Alliance; Redhill Water Alliance; Hawaii’s Thousand Friends; Sierra Club; Amnesty International Freedom, writer; Olelo Community Media; CountryTalkStory.com; Friends of South Pass City; International Relief Society Women’s Organization; Young Women Group; Children’s Primary Organization, president; Aloha Council BSA, merit badge counselor; pro bono real estate advisor; immigrants volunteer tutor.
1. What’s the biggest issue facing the City and County of Honolulu and what will you do about it?
Oahu has an oligarchy that holds the power, money, opportunities and decision-making. Too many decisions are made against local residents’ best interests.
Residents are frustrated with the disconnect at City Hall. Property taxes escalated exponentially. Rail costs are out of control. Residents work two to three jobs. Seniors work to survive. Businesses and communities do not feel safe. I’m from Singapore and I know what a safe, clean, beautiful, efficient and thriving city is.
City Hall cannot be managed by social media narratives that the oligarchy wants us to hear.
3. In Hawaii, the term affordable housing has lost its meaning. What would you do to help people buy homes or move into rental units?
Change begins with questioning. How many billions of dollars has Oahu received from the federal, state, county and private funding for the past 10 years?
Is Oahu obligated to provide “housing” for every resident who comes here?
What is the definition of a “Hawaii resident”?
How “affordable” is “affordable”?
Short-term “bandage job” or long-term planning for housing?
Why is the “affordable” Kokua Hale building struggling to get renters in Chinatown?
The “Singapore Housing Model” is often quoted by politicians in Hawaii. Singapore has a Central Provident Fund for Education, Health and Housing. All employees pay into this fund. The Singapore government invests this fund and pays positive annual dividends.
Note that Singapore does not have lobbyists or developers or unions as their middleman in its housing agenda.
There is no one magic bullet to “affordable” housing. This is a worldwide problem. Oahu competes with international and out-of-state rich investors due to the U.S. Constitution.
I’ve been in residential real estate for over 30 years. There are preparations needed for qualifications into homeownership or rentals.
“Putting residents first” also means local building. Financial and real estate industries have first opportunities, not out of state, to help Oahu’s housing needs.
5. What should be the future of the Honolulu rail project? How do you to resolve this seemingly endless drain on public money and continuing delays? Should the line continue to Ala Moana as originally planned and how will you keep operating costs under control?
I’m from Singapore and appreciate its efficient rapid transit and related multi-modal transportation.
Rail needs a major re-assessment. As mayor, I will gather all stakeholders back to the roundtable. Independent contracts, legal, cost-analysis, engineering, budget experts and others will be invited. The public will have its say.
There are no sacred cows. No hiding behind or blaming FTA. I have zero donations from lobbyists or PACs. I can be 100% independent.
No managing Skyline through public relations handlers and insulting the public intelligence.
Natalie Iwasa, CPA and certified fraud examiner, and I have been at this for decades. We know what’s going on.
One tragic part of this boondoggle is Oahu can develop “transit-oriented developments” (TOD) without this fiscal black hole.
The city can create “special districts” for developments. Our local construction and building industries can benefit more without this financial albatross and without losing contracts to foreign players.
Oahu cares about climate crisis issues. But the inconvenient information — portions of the route from Middle Street to Ala Moana Center are in the Honolulu sea level rise inundation zone — is ignored. Why?
Oahu needs transformative leadership for our residents first. Our children must not suffer for our mistakes. Let’s work together.
What should be done to improve policing and police accountability in Honolulu? Should oversight of the police department be strengthened or reformed?
We love our HPD and other emergency personnel. We cannot pay them and their families enough for their public service. These warriors put their life on the line for public tranquility and peace for our communities. They deserve gratitude and respect.
We want our HPD and other emergency personnel to return home in peace each time they step out of their door.
We must provide them with all the resources and training needed. There can be bad apples in every organization. We must deal fairly and legally with alleged wrongdoing with the Police Commission and SHOPO. We all want to protect and safeguard the public trust in these institutions. No corruption can be tolerated.
Oversight and reform is a constant. We must always assess and improve.
This includes working with the prosecution side. The revolving door between crime, arrest and release is frustrating the public and HPD to no end.
Additionally, we must always focus on root causes of crime and other unrest for preventative measures. Residents, businesses and visitors deserve a safe environment. We must all work together to ensure a safe, prosperous and thriving Oahu. We can.
It’s becoming increasingly difficult to fill vacancies on the police department, the parks department and in many other city agencies. The city is struggling to provide basic services. What would you do to solve this problem and attract qualified people to fill essential services?
I’ve been advocating for public interest at Honolulu Hale for over 20 years.
This “vacancies” angst has been a constant concern all this time. On the other hand, residents say they don’t get a response or they can’t seem to get an interview.
It’s our 10,000 workers who keep the city in operation. The mayor provides the direction and culture. The mayor could be on vacation and not be missed.
I will always be respectful of all our city employees. I will always support them in their efforts to make Oahu a safe and efficient place. My door will always be open to their ideas and concerns.
The pay and benefits package is a big consideration. The culture and working conditions are also important.
Over $712 million is earmarked for the Honolulu rail this Fiscal 2025. Imagine when we can contain the rail costs and take care of our employees better.
I’m originally from Singapore and I appreciate efficient multi-modal transportation.
My trusted friend Natalie Iwasa, CPA and Certified Fraud Examiner, and I have been participating and observing City Hall for the last two decades. We know the good, the bad and the ugly.
We must stop the social media games and be honest with the Public.
Status Quo will not cut it.
The Rail Skyline is out of control.
If we do not control and reset these project costs, our children will pay for today’s mistakes.
As Mayor, I will do the following:
Every one is coming from a good place. I will gather all stakeholders, including City Council and HART back to the round table to analyze this project. INDEPENDENT experts in contracts, legal, costs-analysis, engineering, budget, environment, cultural, and others will be invited.
The public will have its say in this much needed reassessment.
Should HART be dissolved?
Should Rail Skyline be under the Transportation Department?
There will be no sacred cows; no tail wagging the dogs. There will be no hiding behind or blaming the FTA. FTA is not the monster or the Wizard of Oz behind the curtains. FTA is here to help and respect State Rights.
There should be no managing Rail Skyline through Public Relations handlers and insulting the Public Intelligence from the Mayor’s Office.
I have zero donations from lobbyists or PACs. I can be 100% independent to question the project with independent industry experts.
Together with all stakeholders and Oahu residents, we can decide the most pragmatic solutions for Oahu.
This project started in 2006 at the price tag of $2.7 BILLION. It’s filled with gross mishaps and mismanagement. The price tag is now around $12 BILLION and incomplete.
We must stop social media games and be honest with the Public. Status Quo will not cut it. The Rail Skyline is out of control. The Maintenance & Operations costs are unclear. If we do not control and reset these project costs, our children will pay for today’s mistakes.
My trusted friend Natalie Iwasa, CPA and Certified Fraud Examiner, and I have been participating and observing City Hall for the last two decades. We know the good, the bad and the ugly.
The 2012 Porter Report warned the city that it could not support both the Rail and its core services. The city ignores these warnings but continue to engage a “sunk-costs” Status Quo.
Mayor Blangiardi does not tell you that over $712 million was approved for Rail for 2025 city budget. Every year, big chunks of money are eaten up by rail but the Mayor has not told you about it, has he?
Portions of the Rail from Middle Street to Ala Moana Center is in the Honolulu Sea Level Rise Inundation Zone.
Why are we ignoring the City’s own data?
Why is the city throwing hundreds of millions ( and billions) of dollars into this without further consideration?
Despite overwhelming public testimony against this rushed and disjointed Land-Use sea-change from the most affected residents in Hawaii, the legislators quickly adopted this zoning to increase density for ALL Hawaii counties.
This was a last-minute attempt to disclose to the public about this Bill.
SOCIAL MEDIA’S FAST & EASY FALLACIES APPROACH TO PUBLIC POLICIES:
On the other hand, there was social media by interest groups circulated to those who hope for “affordable housing.” Share whatever is in your mind. No vetting needed. Ah! Creating a seismic land-use change is so simple; you do not consider all the multiplier impacts on Hawaii residents. Who cares about inviting more real estate speculators and investors to compete with local residents?
Interesting, I was warned by a California land-use planner about the trend to decimate single family and it was coming to Hawaii soon. That was about five years ago.
California pushed it and here is the recent court answer to rouge legislators who squashed single-family zoning.
April 29, 2024 3 AM PT
” A Los Angeles County Superior Court judge has ruled that a landmark law ending single-family-home-only zoning in California is unconstitutional, a decision that could lead to the law being invalidated in the state’s largest cities.
Judge Curtis Kin determined that Senate Bill 9 does not provide housing restricted for low-income residents and therefore cannot override state constitutional protections afforded to local zoning practices.”
CHATTER CIRCULATING AROUND
There was chatter circulating that increasing the density will pass. Rumors were circulating around that Senator Brian Schatz has met with local politicians and every one should fall in line for this “progressive” idea.
Senator Stanley Change and House Representative Luke Evlslin championed this process.
BACK TO TODAY AT THE STATE CAPITOL:
Scroll to 5:03 video of today’s hearing at the House of Representatives. (By the way, these hearings do not appear on the Olelo Public Access Television anymore. It’s on the Capitol’s own channel that requires ONLINE capabilities. Many residents, especially the kupuna sector, are not connected.)
April 26, 2024, the Committee Report said it has a FULL & FREE discussion. But it doesn’t say that the merits and the demerits were fully and freely discussed and analyzed.
Hawaii Residents should not have to spend time trying to explain and convince the decision makers that SB3202 is problematic and deficient.
Lawmakers must disclose such seismic land-use hijacking to their most-affected constituents first. So far, it’s been a well-kept secret. But the rush is on to adopt this bill.
This STATE bill subverts COUNTY HOME RULE. It’s the Counties which manage and enforce the Land-Use Comprehensive Plans or Community Plans and so on. These plans requires public hearings and public participation. These processes take months and years.
Senator Stanley Chang from Oahu and Representative Luke Evslin sponsored SB3202 and HB1630. They expect to adopt this within four short months with hardly any public participation or disclosures. They’re both on the ballot this year.
Long-story short, the bills upends Hawaii’s residential landed properties zoned Residential 3.5, Residential 5, Residential 7.5, Residential 10, Country in the name of “affordable housing” :
To allow a dwelling on every 2,000 square feet of land.
To allow subdivision of these 2,000 square feet of land.
It’s that “simple”. If they are allowed to subdivide and build, they can “keep families together” and fill the “missingMiddle” gap, so the supporters say.
Read the written testimonies submitted by the usual development lobbyists, non-profits, building industries and related commerce. The supporters this time around included Real Estate Escrow Company, a Aloha Shirt Company and so on. It’s a view into who’s connected to who in Hawaii.
When a small segment of the public caught wind of it, there are more opinions from the frontline and the most affected. It’s interesting to scroll down. There are some very thoughtful insights and warnings. But they do not appear to cause some legislators to pause and think deeper.
This is the video of the April 1, 2024 hearing on SB3202. It’s understandable to expect special interests lobby for their own industry or personal interests.
But it’s alarming to see those in public offices not thoughtfully and dutifully represent the public interests i.e. Hawaii’s residents.
One example: Scroll to 1:49 to listen for a few minutes to this Hawaii County Planner. He obviously disses the elected Hawaii County Council but claims “I’m very much a Home Rule guy.” Who hired this guy?
There is whole lot more to discuss. But here’s an extremely brief poster about SB3202. It’s alarming that taxpayers will always be responsible for crappy malfeasance if the legislators push this Bill through on May 1, 2024.
I urge you to speak up. You have to protect yourself and your own future in Hawaii.
EMAIL and tell them your opinions. Or simply say “OPPOSE HAMMAJANG SB3202”.
Facebook posts don’t have to be about just about food and events. I thought this was a very helpful share from a friend.
Hawaii has morphed into a very expensive place to live with the average price of a single family at $1M. There are more Hawaiians living out of Hawaii than here. There are a lot of frustrations and angst, and rightly so.
Perhaps the saddest thing I’ve heard from my years of community advocacy is this phrase from a Hawaiian: ” You can go home to your homeland but we have no place to return to. This is our homeland.”
” While looking for something else, I came across this law from 1850, prohibiting natives from leaving Hawai’i due to a concern of population loss. It puts into perspective the recent discussions on the exact same issue.” Jonathan Scheuer
The massive fire destroyed historic Lahaina Town on hot dry August 8, 2023.
In the midst of great devastation, grief, and confusion, Governor Green threw more fuel to the atmosphere of great mistrust towards his known pro-development agenda with his public remarks. The swift action of removing a prominent pro-native-water-rights Hawaiian employee from his state position creates more suspicions of political exploitation.
This state employee has been hastily vilified on the superficial social media around the world. But this issue demands more more effort to investigate and analyze. An educated conclusion can only be made through understanding the history of water rights in a much broader context.
He (Ku’uleialoha Palakiko) and other Native Hawaiians in Maui have spent years fighting for a greater say in how one of their most valued resources— water — is diverted and allocated. Now, in the wake of wind-whipped blazes that ripped through Maui, they say they are being scapegoated by Hawaii government officials and developers, who say water needs to flow more freely for fire protection.
The day after the fire, the administration of Hawaii Gov. Josh Green (D) asked the state Supreme Court to relax stream flow limits in centralMaui to free up more water for fire suppression.A high-ranking state water commission official was reassigned after a prominent developer claimed his request to fill a reservoir in anticipation of fires was delayed. Two residents sued Monday over the reassignment.
Hōkūao Pellegrino, a farmer in Waikapu, said the fire and what he sees as the resulting blame game are being used to “undo all of the work that our communities have fought so hard and advocated so hard to do.” The result, he added, could undermine Native Hawaiian efforts “to ensure that our landscape is no longer that barren, dry, arid, fire prone region that it has become.”
Developers say that some regulations have hampered efforts to fill reservoirs with water that could be used to protect Lahaina homes and subdivisions.
Since the fire,Gov. Green has repeatedly highlighted the ongoing water conflict on Maui in remarks to reporters. He has suspended portions of the water code “necessary to respond to the emergency,” and has signaled he may further relax water regulations throughout West Maui.
Green has acknowledged that using water for cultural purposes is important, but has said the “stalemate” over water policy has left dry areas of the island vulnerable to blazes. His office did not respond to inquiries from The Washington Post.
The governor directly addressed water activists during a live-streamed interview with a Honolulu-based news site, Civil Beat: “Look guys, we just lost lives because we don’t have a water policy or a statewide plan that protects the land from burning.”
He also has said that “people have been fighting against the release of water to fight fires” — a comment that has outraged community members who say it’s a misrepresentation.
“In my eight years on the water commission, I never heard, in a single hearing, that testimony from anyone in the community,” said Kamanamaikalani Beamer, who served two terms on the state’s water commission starting in 2013.
He added that the Native Hawaiian community around Lahaina “has fought for literally generations to seek justice and balance for the streams and the community and other usages.”
“In an emergency crisis, we’re jumping back to old paradigms that didn’t work for that place, and that brought us to this point.”
Although each U.S. state has its own rules, water is a public trust in Hawaii, a legacy of its days as a sovereign kingdom. The State Commission on Water Resource Management sets standards for the amount of water that must flow through streams; citizens can petition over those.
The legal framework around water rights has “been one of the few tools available to Native Hawaiians to fight against the commercial forces that have been bearing down on the islands for the last 50 years,” said Jonathan Scheuer, a water policy consultant and co-author of the book “Water and Power in West Maui.”
Lahaina, once a capital of the Hawaiian kingdom, has always been hot. But before Western occupation, it was an abundant agricultural landscape with lush wetlands. An inland pond surrounded Moku’ula, a tiny island that was home to Hawaiian royalty.
Struggles over water management heightened with land privatization in the 19th century. Ancient waterways and irrigation systems established by Hawaiians were diverted for the sugar cane plantations that took over large swaths of land in West Maui.Sugar cane, which gave way to tourism in the 20th century, dried out the landscape. A dried up Moku’ula was filled in, and then later buried beneath a baseball field.
The latest controversy began the day after the fires. Glenn Tremble, a West Maui Land executive, wrote to the state water commission complaining thata request to divert water to a company reservoir was delayed for several hours after an agency official told him to first check with a downstream taro farmer, per regulation.
Tremble told The Post that the company’s subdivisions rely on the reservoir water for fire suppression, and that the company issueda preemptive request ahead of an unpredictable blaze. In the moment, he argued, it was unclear whether helicopters could dump water on hotspots, like they did during a November 2022 fire in an area above Lahaina when the Maui Fire Department tapped company reservoirs.
“Based on experience, we knew that flare ups happen, wind strength and direction changes, fires spread quickly, our reservoir levels were low and water from our reservoirs is used by [the Maui Fire Department] for fire control,” Tremble wrote to The Post via email. He added the company needs to have water available to the fire department before firefighters need it. “We also knew that having water for individual homes for irrigation and fire suppression can help to slow or stop fires.”
Critics say filling the developer’s reservoirs with water would not have helped put out the fire in Lahaina. The hydrant system in Lahaina is supplied by the county water system, according to the fire department. And high winds made it too treacherous for helicopters to pull water from reservoirs to drop water on hotspots, as they have done in the past.
In his letter to the commission, Tremble acknowledged “we cannot know whether filling our reservoirs at 1:00 p.m. (as opposed to not at all) would have changed” the outcome. He asked to lift rules on water flow to fill their reservoirs in the area during this emergency period, and “other regulations.”
It became a political controversy after local media published the letter. The water commission official was “redeployed” to allow the agency to “focus on the necessary work to assist the people of Maui recover from the devastation of the wildfires,” the Department of Land and Natural Resources said in a statement. The agency cautioned against suggesting the official “did anything wrong.”
Governor Josh Green’s “Emergency Proclamation” (EP) for “Affordable Housing” is getting more alarming.
Basic protections like the Sunshine Law and Public Participation are suspended in the name of “affordable housing crisis”, to expedite development processes and alleviate the state’s acute shortage of housing units. The EP is good for twelve months. Then what?
The “Emergency Proclamation” was signed by Hawaii’s Governor Josh Green on July 17, 2023 in the name of providing “affordable” housing. The Chief Housing Officer (LHO) is the Central Party – the EP allows the LHO to make decisions “without being certified by the Build Beyond Barriers Working Group”.
Here is a copy of Hawaii Sierra Club Director Wayne Chung Tanaka’s observations of the first “Build Beyond Barriers” meeting at the Hawaii State Capitol in August 2023.
” Takeaways:
The “Build Beyond Barriers Working Group” Chair, Nani Medeiros, unilaterally suspended ALL PROVISIONS of the Sunshine Law, despite having no justification to do so. Meeting facilitator Scott Glenn and developer consultant Trisha Watson actively sought to suppress any discussion about the illegal, non-transparent nature of the Working Group’s first meeting.
Earthjustice attorney David Henkin was ejected from physically observing the meeting even after being told he could attend as a member of the public, and had the sheriffs called on him by the Governor’s deputy general counsel Jeremy Lakin.
Because there was only one microphone for a room of 30-plus participants, the Facebook livestream of the meeting was largely inaudible.
Nani Medeiros confirmed that she, as the “Lead Housing Officer,” had authority to approve any project that received any state or county waiver or exemption, or that used any state or county financing, funds, or lands. Such projects would be eligible to proceed without complying with the laws suspended by the proclamation – and without any Working Group approval, review, or notification.
“In a democracy, the people are vested with the ultimate decision-making power. Governmental agencies exist to aid the people in the formation and conduct of public policy. Opening up the governmental processes to public scrutiny and participation is the only viable and reasonable method of protecting the public’s interest.” – HRS Chapter 92 (a.k.a. the “Sunshine Law”)
The first “Build Beyond Barriers Working Group” meeting was held on Friday, and the situation with the Governor’s emergency housing proclamation is far, far worse than I had thought. While there was scarcely time for questions during a meeting largely taken up by performative introductions, Working Group leadership made clear that they had no regard for transparency or the law – even as described in the proclamation itself. Previously, I had written my concerns to Working Group chair Nani Medeiros, regarding the apparent suspension of the Sunshine Law. I had observed that the meeting had not been posted to the state calendar with the required six days’ notice.
Nani confirmed that she had decided to unilaterally suspend the notice requirement of the Sunshine Law. Her excuse pointed to logistical issues that needed to be resolved first – namely, coordinating flights for neighbor island working group members and members of the island burial councils (only one burial council member, from Molokaʻi, would end up attending – via Zoom), and finding table microphones so that “sound distribution is strong for participants and observers.”
Nani wrote that she was “committed to making these meetings accessible to the public, even if it means personally investing in equipment” (emphasis added), and promised that the meeting would be posted on the state calendar once all the details were set.
The meeting was never posted on the state calendar, and the information sent to news media for the public to observe the meeting online had the wrong time. When Working Group members arrived at the Governor’s conference room Friday morning, there was only one microphone, tethered to a conference phone by a cord not much longer than six feet, to be shared by some thirty-odd people.
Needless to say, the meeting was largely inaudible to the Facebook Live viewers who were able to find the correct link.Before the Working Group meeting began, a member of the public who wished to quietly observe in person – environmental attorney David Henkin, no less – was ejected by the Governor’s deputy general counsel, Jeremy Lakin. Jeremy even went so far as to call the state sheriffs, rather than contemplate the legality of his action.
Apparently, the public observation provisions of the Sunshine Law had also been suspended for this meeting, in addition to its public notice requirements. Public input requirements were obviously also suspended.
I immediately attempted to ask for clarity about what provisions of the Sunshine Law had been suspended, since the emergency proclamation itself only allows for the suspension of provisions of the Sunshine Law to the extent needed for “expeditious action, decision, or approval.” Posting notice on the state calendar, and allowing a member of the public to quietly observe in person – both requirements of the Sunshine Law – would not delay any conceivable actions, decisionmaking, or approvals.
(In fact, it turned out there also was no action, decisionmaking, or approval whatsoever during the meeting that would justify any Sunshine Law suspension under the proclamation, despite Nani’s prior written (and false) statement that there would be “important decision-making processes taking place.”)
Unfortunately, vice chair Scott Glenn clearly did not want me to raise these concerns, and asked that I hold my question until the end of the meeting.
During our “introductions,” I again warned the group that violating the Sunshine Law was a Big Deal and an invitation for lawsuits, and was met with blank stares. Scott said there would be time to address my concerns after introductions were complete.
Eventually, during the few minutes we had for questions, I was told that the Sunshine Law had been suspended in its entirety. When I questioned how that could be, given the language of the proclamation, developer consultant and Working Group member Trisha Watson cut me off. She said my concerns about legal compliance should be tabled, and that she had “real questions.” No one objected.
The Working Group leadership’s flippant disregard of both the law and the critical importance of public transparency was simply astounding. These are the people we, the public, are being asked to trust with the future of our islands.
In response to the only other question I was allowed to raise, Nani also confirmed that she, the lead housing officer, had unilateral authority to bypass the Working Group completely, and approve any project that received any state or county exemption or waiver, or used any state or county lands, funds, or financing. She also made clear she was under no obligation to even inform the Working Group of any such approvals.
Yes, this is real life. And incredibly, the Working Group Chair’s willingness to disregard the law, eschew transparency, and repeatedly lie – in writing, no less – makes clear that this emergency proclamation and the people in charge of it are even more dangerous than I had previously worried.
Friends, the future of our islands – our cherished landscapes, our cultural foundations, our social fabric, and even our housing crisis itself – may be harmed irrevocably by a proclamation that puts unprecedented power in the hands of a few individuals. These individuals have already shown that they will not – or cannot – even coordinate a single introductory meeting in compliance with the proclamation itself. We are now being asked to let these same people administer and enforce an initiative involving tens of thousands of un-affordable housing units across hundreds or potentially thousands of acres of land, throughout the islands.
Even with the best intentions, developers will surely run circles around this Working Group’s leadership, to the benefit of corporate profit margins, and the detriment of all that makes Hawai‘i, Hawai‘i.”
