Hawaii is vigorously protesting “NO KING – NO TYRANT – NO ICE ” to demand constitutional Due Process for all.
Yet, four (4) Hawaii State House Representatives – Sean Quinlan, Scott Matayoshi, Lisa Marten, and Ikaika Olds – have introduced House Bill 1861 aka HB29 to deny DUE Process to all Hawaii counties.
HB1861 (2026) authorizes counties to sell property through non-judicial foreclosure as a way to collect unpaid civil fines. Owners cannot go to court to explain or protect themselves. Period. Judicial Due Process is denied.
Yet, four (4) Hawaii State House Representatives – Sean Quinlan, Scott Matayoshi, Lisa Marten, and Ikaika Olds – have introduced House Bill 1861 aka HB29 to deny DUE Process to all Hawaii counties.
HB1861 (2026) authorizes counties to sell property through non-judicial foreclosure as a way to collect unpaid civil fines. Owners cannot go to court to explain or protect themselves. Period. Judicial Due Process is denied.
This stealth anti Due Process agenda has been happening for five years!
The Honolulu County Blangiardi Administration spear-headed this hamajang in 2021 through House Bill 1434 /Senate Bill 2110 – requesting a new NON-JUDICIAL Power of Sale based on the Department of Planning and Permitting (DPP) civil fines. The Mayor’s DPP Director testified that existing “Eminent Domain” was too slow, took manpower, and resources.
Can you trust the troubled DPP to be your Police, Prosecutor, Judge, Jury, and Executioner?
Look at Kalihi, Kamuki, Kailua, Kaneohe, Kahuku. Look at Waimanalo, Waianae, Wahiawa and Whitmore. What about Palolo, Mo’ili’ili, Sunset Beach, and Haleiwa? How many residents have turned their garages into extra living space or other additions to accommodate generational living or a little extra income to help pay for their mortgage? Is housing a huge problem in Hawaii?
This ill-thought unconstitutional bill will turn Hawaii’s private property owners and renters into perennial sitting ducks. The long arm of the government will be allowed to create a new source of revenue, bully, do political mischief, or issue violations at will that can morph into significant fines, ripe for non-judicial foreclosure.
Which legislator in 2026 would deny basic Constitutional Due Process Rights (through HB1861) as a “quick solution” to various issues some Counties have no will to manage.
No amount of contorted promises of “Due Process” through county appeals can justify this sweeping unconstitutional invasion and violation of Civil Rights to all Hawaii.
HB1861 aka HB29 is burning down a Cathedral to fry an egg.
Give Voice Now. Don’t complain AFTER-THE-FACT. Contact your legislators, Mayors, and City Councils. Elected legislators must stay inside the Constitutional Path for the Public Good.
Kill HB1861 hamajang!
Nothing good can come out by giving the long arm of government MORE new powers to control its people.
STATUS OF HB1861 ONLY Representatives Garcia, Gedeon, Pierick, Shimizu voting no. “Reservations is a YES vote.”
2/17/2026
H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Alcos, Amato, Matsumoto voting aye with reservations; Representative(s) Garcia, Gedeon, Pierick, Shimizu voting no (4) and Representative(s) Cochran, Lee, M., Poepoe excused (3).
2/17/2026
H
Reported from WAL (Stand. Com. Rep. No. 339-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2/10/2026
H
The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Hashem, Morikawa, Ichiyama, Woodson, Souza; Ayes with reservations: Representative(s) Belatti, Poepoe; 2 Noes: Representative(s) Iwamoto, Shimizu; and Excused: none.
2/6/2026
H
Bill scheduled to be heard by WAL on Tuesday, 02-10-26 9:00AM in House conference room 411 VIA VIDEOCONFERENCE.
1/26/2026
H
Referred to WAL, JHA, referral sheet 2 (FINANCE COMMITTEE IS DELETED in 2026. FINANCE COMMITTEE DEFERRED SIMILAR BILL HB29 in 2025.)
It’s Elections Time again! Civil Beat allows Candidates to answer their questions.
Choon James’ answers to Civil Beat’s Questions & Answers can be found here.
What is puzzling is that pseudonym Keala_Kaanui, perhaps the most prolific daily commenter for Civil Beat, is allowed to continue to post fake news like this:
Keala_Kaanuii:The great irony of someone lauding the first responders, who spent a good five years trying to prevent the City from building a badly needed new fire station because she realized she could have negotiated a higher price for her vacant parcel of land after she had signed the contract. Choon forced the city to spend thousands of dollars to condem the property after she tried to back out…“
But, here is a quick summary collected by a supporter:
Hawaii Fire Station Relocation Controversy YOU-TUBE #1.
This youtube is a must to watch. Once you watch this, you will get how off-base Civil Beat pseudonym Keala_Kaanui continues to be.
The Hauula folks were authentic in their opposition towards this project. Choon James sided with the Hauula folks. There was no legal contract to sell to the City.
The Honolulu City Council deleted the budget for this project for five years. Yet Mayor Caldwell fought on. In the end, the Hauula folks even correctly predicted who the contractor was for this project.
The community of Hauula did not want a new fire station that the Laie Community Association was pushing and testifying for. Hauula felt that it was a public facility checklist for Laie to pursue more developments like Envision Laie. Public facilities like a fire station is not a profiteering project. Just like the Kahuku Police Station is not a profiteering project.
Hauula wanted to keep the two remaining Commercial-zoned parcels for Recycling and small business. They and the homeless people depended on the Recycling. The homeless would collect in the area and then buy themselves a hot meal with their profit.
“Public Use” can also be very arbitrary. In the case of the Hauula Fire Station Relocation in the rural town of Hauula. The people overwhelming were against it. But Mayor Kirk Caldwell bullied his way through despite the city council of Honolulu continuously deleted the funding.
Hawaii needs to know that Mayor Kirk Caldwell SECRETLY siphoned $1.4 Million (in August 2014) from Community Development Block Grants (CDBG) funds for homeless shelter renovations such as Hale Pauahi in Chinatown to “plan and design” his Neiman Marcus firehouse in rural Hauula.
The City Council had deleted and defunded the extravagant project for 5 years but Caldwell is fixated on this $13M relocation project that will not increase personnel or area of service. The relocation project will decimate the last two commercial lots that locals want to keep for Recycling as well as other business start-ups. Ironically, the homeless in Hau’ula sustain themselves by recycling daily to buy themselves a hot meal. Caldwell governs by misguided agenda, not sound public policy.
Honolulu City Council adopted Resolution to condemn two commercial lots on February 24, 2010. This process was advanced in 42 days. It’s Hau’ula today, are you next? Do you live along the Rail Transit route?
UPDATE: The legislative Honolulu City Council has not funded the project since 2011. But Mayor Kirk Caldwell is still pursuing eminent domain by alleged necessity in court. http://www.kitv.com/news/1200-signature-petition-protests-plans-for-new-hauula-fire-station/25103002#!bmO9B4 The city ‘expert witness’ is saying they need a fire station to bring in bigger – from 8′ x 25′ to 8′ x 32′ fire engines! Hello! The garbage trucks are already having a tough time with our country roads. This is going from ‘ridiculous’ to ‘insane’.
Update: May 15, 2010 Mufi Hannemann city corporation attorneys have filed lawsuit against owners for possession of the land.. Owners have filed lawsuit against city. What a waste of taxpayers’ money in today’s budget crisis!
Update: Owners subpoenaed city officials but Mufi Hannemann’s attorneys quashed on basis that public officials are very busy; owners are a nuisance, harassing and inconveniencing these officials. Ironically, on their way home to Hauula, owners saw Bryan Mick – City Community Relations sign-waving for Mufi Hannemann in front of Nimitz City Mill at 11:34 am August 11, 201
Here’s more information:
Woman Criticizes Honolulu’s Government, Has Her Protest Signs Bulldozed
How people respond to criticism can reveal a lot about their character. Some might try to debate or reason with those they disagree with. Others prefer to ignore critics. City officials in Honolulu take a different approach: They use a bulldozer.
Choon James is a successful real estate broker with over two decades of experience in Hawaii. But the city of Honolulu is seeking to seize property she’s owned for almost a decade to build what she calls a “super-sized” fire station in rural Hauula.
Since January 2010, she has put up signs to protest Honolulu’s use of eminent domain. These signs declare “Eminent Domain Abuse: Who’s Next?” and “YouTube Eminent Domain Abuse—Hawaii.” For more than three years these signs have been up without any incident.
But now the city is showing a callous disregard for Choon’s freedom of speech. Back in May, Honolulu seized two of her eminent domain protest signs. Without her consent, city employees went onto the property and seized and impounded her signs before damaging them. Even worse, the city slapped her with a notice for trespassing, for property she is trying to defend in court.
After these signs were torn down, Choon placed three more signs there. These lasted just a few months before the city once again seized the signs. This time, Honolulu was much more dramatic. On October 18, city workers, backed by police officers, squad cars and a bulldozer, came by and literally bulldozed those protest signs.
The city’s actions show a shameful lack of respect for the First and Fourth Amendments. Citizens have a right to protest government actions. The First Amendment was enacted precisely to protect citizens who criticize the government from retaliation. Lawsuits challenging Honolulu’s unreasonable seizures and chilling attacks on free speech are now pending in federal court.
Unfortunately, Honolulu is not alone in trying to silence critics who question eminent domain. The Institute for Justice has represented citizens in St. Louis, Mo., Norfolk, Va., Tennessee, and Texas who protested abusive property seizures and faced censorship. Out of these four cases, IJ successfully defended free speech in three cases, while the fourth is currently in litigation.
After 24 of his buildings were taken by St. Louis, Jim Roos painted a giant mural on a building he owned advocating “End Eminent Domain Abuse.” But St. Louis labeled the mural an “illegal sign” and wanted to force Jim to remove
the sign (and stifle his right to protest) or face code violations. He teamed up with the Institute for Justice and sued the city. In a major win for the First Amendment, in July 2011, the Eighth U.S. Circuit Court of Appeals ruled in favor of Jim and allowed the mural to stay up.
More recently, the Institute for Justice is suing the city of Norfolk for trying to squash a small business owner’s eminent domain protest sign. The Central Radio Company,
a repair shop, has been in Norfolk for almost eight decades. But Norfolk had plans to seize the property with eminent domain for a private redevelopment project.
To protest, owner Bob Wilson displayed a huge banner on-site. The city responded by telling Bob he had to take down the sign or face fines of up to $1,000 per day. Fortunately, the Virginia Supreme Court unanimously struck down the city’s attempt to seize Bob’s land; his free speech case is still in federal court.
As the cases make clear, courts routinely respect Americans’ First Amendment rights. Honolulu should do the same.
I’m a policy wonk and legal correspondent with a decade of experience analyzing and reporting on legislation and court cases.
Outside of Forbes, my work has appeared in The Atlantic, The Washington Post, The Wall Street Journal, The New York Times, Slate, Wired, Reason, and numerous other outlets nationwide.
The City and County of Honolulu is asking to have POWER of SALE on Oahu’s property owners based on DPP liens. Bill 106 will affect ALL Counties.
JHA 1/31/23 2:00 PM Tuesday 325 VIA VIDEOCONFERENCE
BILL 106 and companion SB 216 may sound harmless in an ideal world with perfect fairness and equity and justice for all.
But in real life, these bills are too over-reaching and will further marginalize Private Property Rights.
Bill 106 slams Due Process for ordinary citizens. There are systemic failures of discrimination, inequity, and entrenched bureaucracy at Honolulu Hale. This Power of Sale will expose every property owner to the possible whim of politicians, government officials and its powerful political machine.
Although there is supposedly a fair “process” in place, our decades of participating at Honolulu Hale and the records have shown otherwise. Repeatedly we have witnessed that this same “process” has been unfair and inequitable to ordinary citizens. No matter how thin the cheese is sliced, there are always two sides to it. But the government almost always wins because it has the upper-hand, resources and a legal corporate team to ignore or fight ordinary citizens.
Most ordinary citizens are not born with a silver spoon in their mouth. They work their tails off to achieve real property ownership. The County’s role ought to be helping property owners correct their violations and be in compliance; not be too eager to seize private properties through fines.
This POWER of SALE is NOT about a mortgage company foreclosing based on non-payments of a borrower. This is about the government seizing properties, based on DPP fines.
There is an alleged reason or justification that this Power of Sale is needed to enforce “monster homes” or “illegal vacation rentals”.
The isolated problems with monster homes and illegal vacation rentals are not compelling enough to provide counties with this unfettered powers. DPP needs to examine why monster homes are approved for permits in the first place. There was a time when a property owner could only build up to 50% of its land area. Incrementally, the city has approved regulations and ordinances that allow increased density in its land-use legislation.
As a matter of public policy making and with a bigger picture, providing all counties with this Power of Sale for the above alleged reason is akin to tearing down a Cathedral to fry an egg.
Ordinary citizens cannot afford expensive legal representation to make sure their side of the story is heard and fairly considered in the legislative decision-making.
Affluent and well-connected citizens have the means to circumvent DPP. Ordinary citizens will become the casualties of this powerful and overreaching legislation.
This Power of Sale (aka Non-judicial Foreclosure) is overreaching and tyrannical. This Power of Sale authority makes every property owner a sitting duck at the whim of the city.
Basing a POWER of SALE ( aka NON-Judicial Foreclosure) through DPP fines and recorded liens is the worst possible exposure for more corruption and possible political retaliation.
The City and County of Honolulu requested this same power aka “non-judicial foreclosure” in 2022.
Please read the 2022 written testimonies that provide a very brief summary of this issue. This far-reaching governmental power will affect all Counties but it was one of the best-kept secrets in 2022. It is the same in 2023.
Please protect Due Process and protect private property rights. As if Eminent Domain is insufficient for the government, the Honolulu County is again asking for a quick Power of Sale aka non-judicial foreclosure.
This governmental power is too much to bear in a democratic society. Private Property Rights must be revered as one of Democracy’s foundational pillars. The counties have other options.
“Section 2-102. Purposes — All city powers shall be used to serve and advance the general welfare, health, happiness, safety and aspirations of its inhabitants, present and future, and to encourage their full participation in the process of governance.”
Unfortunately, in real life, when Mayor Kirk Caldwell has his own pet project, the opportunities for citizen participation are met with disinformation, retaliation, and abuse of city powers/resources. The circle-the-wagon mentality kicks into gear from the top on down. Similar ill-thought justifications are parroted from top on down. Process reports and Budget Forms are filled with fabricated information. Lies are perpetuated top on down.
If citizens further resist, there are always the Mayor’s spokesperson and media trolls to vilify the messengers and to create confusion and distort facts. (There is an unspecified number of public relations and assistants, paid for by taxpayers, who service Mayor.)
An example of this dark side at City Hall would be Hauula Fire Station Relocation project. Despite robust protests and over 1,200 signatures against this extravagant relocation, the city stuck to its nefarious PR tactic to distract from the city’s gross malfeasance in this process.
The below August 18, 2008 letter is the “sale contract” that the city and clan freely disperse to the public to distract from its failures to provide due process to the most affected citizens in Hauula. The fact is, even if the owner DONATED the land to the city for the project, the city still has to provide due process to the people living next to this despised project. The city miserably failed its environmental review process to the people of Hauula.
August 18, 2008. This is the CHERRY-PICKED letter used by the city and clan to hoodwink the city council and the public. This letter does not even meet the basic rudimentary of a basic sale contract, if there was one.
July 2009 – This subsequent city notice is never provided to the public by the city – “This Notice is not a contractual offer or commitment to purchase your property”.
December 13, 2013 Deposition was taken under oath from Land Chief Thomas Miyata where he finally had to stop his lies about an agreement to sell and confess that “ there was no agreement between Miss James and the City for the City to purchase or Miss James to sell her property.” Page 120.
Additionally, when Hauula residents protested with signs against the extravagant relocation of the $13 Million Hauula Fire Station Relocation, Mayor Kirk Caldwell dispatched the Department of Maintenance & Facilities from Halawa (under the supervision of William D. Balfour, Jr.) to seize the free speech signs. The federal judge had since ordered the City and County of Honolulu to pay the legal fees of the Plaintiff.
Mayor Kirk Caldwell further engaged the City Corporation Counsel to bully the residents by erecting threatening signs to forcefully close down the recycling center that many depended on. The irony is the Mayor has already stolen $4.6 Million of federal HUD Community Development Block Grants ( CDBG) for this pork project. CDBG funds are meant to improve the quality of lives and economic opportunities in low-income communities. Recycling is a critical cottage industry where even the homeless recycle daily to buy themselves a hot meal! The people are asking for “bread’ but this Mayor is forcing “cake” on them.
When residents further protested with new signs below, the Mayor dispatched city county inspectors to threaten private property owners with a daily $50 fine if they did not remove the signs!
As of this writing, there are three Hawaiian kupuna ( 2 of them in their 80s) resisting Mayor Caldwell in the federal courts now. Federal Judge Leslie Kobayashi is hearing the case. CV No: 15-00193 LEK-RLP
Additionally, in April 2017, Mayor Kirk Caldwell opened this controversial project up for bids ( for $7M) when the funds have been deleted by the city council!
Residents are thinking that Mayor Kirk Caldwell is employing the same tactics – SUNKEN COST FALLACY – as he does for the Honolulu Rail. He’s hoping to encumber as much costs as he can, hoping the judge will not take a bold action against his malfeasance.
A citizen should not be surprised at these capricious and nefarious tactics. Whether it’s a huge project like the Honolulu Rail or this relocation project, the same modus operandi – lies, distractions and retaliations – is implemented.
Are Mayor Caldwell’s PR Peeps Playing Games With the Public?
At the April 14, 2016 Ko’olauloa Neighborhood Board meeting at the Queen Liliuokalani Center in Punalu’u, I asked Mayor Kirk Caldwell’s representative Mr. Adam LeFebvrewhy the Mayor continued to compete and steal scarce federal HUD’s Community Development Block Grants (CDBG) funds from non-profit organizations. (Note: According to Civil Beat: LaFebvre is employed under a personal services contract. He is listed as an Informational Affairs Specialist with the Department of Customer Services, earning $57,720 a year, even though he works in the Mayor’s Office. His contract began in October 2013 and so far has been extended through June 2015.)
I was specifically asking why Mayor Caldwell was again – this year – stealing an additional $1Million from the Federal HUD CDBG funds for the controversial Hauula Fire Station Relocation Project #2000068. An average fire station costs about $5 Million to build. In rural Hauula, the Mayor wants DOUBLE the lot size and TRIPLE the costs at an estimated $13 Million!
“Steal” was a strong word but I was quoting City Council Budget Chair Ann Kobayashi’s words to Director of Department of Budget and Fiscal Services, Nelson H. Koyanagi, Jr. and Director Gary T. Kurokawa, Deputy Director at the March 2016 Budget Committee Hearing at Honolulu Hale. Kobayashi also asked them if they were “proud of what they were doing.” Budget Chair Kobayashi explained that the city usually financed its city projects through bonds and so forth. The non-profits that serviced programs like Homeless, Domestic Violence, Drug Rehabilitation or Women/Infant did not have such financing options.
Adam LaFebvre’s response to my CDBG funding question was it had been asked before but he would be happy to discuss this question further with us AFTER the meeting. In other words, he did not want to address the Mayor’s CDBG funds takings.
The FEDERAL HUD Community Development Block Grants (CBDG) funds’ Objectives are clear:“Projects that are funded in the CDBG program must address the CDBG program’s primary objective, which is the “. . . development of viable urban communities, by providing decent housing and suitable living environments and expanding economic opportunities principally for persons of low- and moderate-income.
The CDBG question was certainly not old or repetitive. We wanted an explanation to this Mayor’s rationale.
Mr. Adam Lefebvre’s response is disingenuous. The Honolulu City Council is now vetting the 2016-2017 Budget for the Executive and Legislative Branches. Mayor Kirk Caldwell, again for this budget year, is stealing from the non-profit organizations.
The February 11, 2016 Ko’olauloa Neighborhood Board Meeting was obviously too early to ask about CDBG funds. The Mayor had not submitted his Budget to the Honolulu City Council. The public did not know the Mayor was again going to steal another $1Million from the CDBG funds for his extravagant pet project.
The March 10, 2016 Ko’olauloa Neighborhood Board Meeting had no CDBG question posed. The Mayor’s Representative Adam LaFebvre was absent. Instead, LaFebvre provided a memo for the record that was read by a Neighborhood Board Member that included a propaganda item: “• Fire station – The Hauula fire station construction is projected to start in spring 2017 and be completed by summer 2018.” Of course, he made no mentioned of the Hauula Kupuna’s pending lawsuit against the city at the federal court or the nefarious circumstances . (The minutes relating to our Neighborhood Board discussions are also often questionable or inaccurate.)
For the record, Mayor Caldwell is asking for another $1 Million of CDBG funds for this budget year 2016-2017. In addition, he’s also asking for $6.7M for Hauula Fire Station Relocation this year, at the expense of other more compelling social services and needs.
So far, Mayor Caldwell has squandered on this particular controversial project #2000064:
$2.4 M CDBG funds used land acquisition ($1M “planning and design” without City Council’s knowledge in August 2014 till his Press Conference in November 2014))
$100,000 for “Planning and Design”
$250,000 to explore alternative sites for this fire station. We don’t know how this amount was expended in 2011.
$1.0 M for “Planning & Design” 2015-2016
Caldwell is requesting from the City Council this year:
$6.7 M for Construction this budget year 2016-2017 ( REQUESTING)
$1.0 M from CDBG funds 2016-2017 (REQUESTING)
How much more will be requested for cost-overrun? Mayor Queen Antoinette Caldwell is forcing the people to eat cake when they are asking for bread.
Have you seen this PR stonewall tactic used at other Neighborhood Board meetings? Mayor Caldwell’s Representative ended up not having to explain or provide a good answer to the public on April 14, 2016 Neighborhood Board Meeting.
The theme, “The Responsible City”, was chosen by the City Charter Commission when it presented the revised City Charter to the voters in 1972. A major component of this concept is full citizen participation in government so that the powers of the City shall properly serve and advance the aspirations of its citizens.
However, the initiative for action must come from the people themselves. While neighborhoods and neighborhood boards were established under the Charter as a means to increase and assure effective citizens participation, their creation and implementation are optional.
The Neighborhood Plan, which designates boundaries and provides for neighborhood formation, leaves many decisions open to the community so that an individually designed approach, suited to each neighborhood can be implemented.
In 1984, Oahu’s voters approved a City Charter a City Charter amendment expanding the role of the neighborhood boards to include all levels of government. Every resident has the opportunity to participate in government decision making which affects his or her community. You can play a significant part in making government more responsive to community needs. The decision is up to you.” https://www1.honolulu.gov/nco/office.htm
The Ko’olauloa Neighborhood Board #28 wasone of the first to be formed in the 1970s under the leadership of Honolulu Mayor Frank Fasi.
In 2013, the members of the Koolauloa Board #28 were voted into office with a overall vote of 8.61% in the last election.
May 8, 2014 meeting at the Hauula Elementary School
Unfortunately, Ko’olauloa Neighborhood Board #28 has recently been plagued with citizens’ complaints of violations due to lack of transparency and conflicts of interest.
On December 7, 2010, the Hawaii Independent reported the City and County of Honolulu Neighborhood Commission issued a FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND ORDER on the Ko’olauloa Neighborhood Board #28:
” . . . the commission ruled that the Koolau Loa Neighborhood Board, on the day it voted to support Envision Laie, unintentionally violated Hawaii Sushine Laws by not allowing everyone the chance to testify at the special meeting. Junior Primacio and Richard Fale were the board chairs in charge that day in 2009.
Other infractions, which the commission labeled as “serious and deleterious to the neighborhood board system,” included the use of sign-up sheets that were removed either before or during the meeting and the non-consideration of written testimony before the board took its 7-to-4 in favor vote.
In addition to receiving a letter of reprimand, the Koolau Loa Neighborhood Board, if it wishes to take a stand on the project, must schedule another meeting and allow all written and oral testimony to be received, reviewed, and considered before taking a vote.”
On November 14, 2013, a similar presentation relating to the same issue was presented by the long-time Laie Community Association President Pane Meatoga ( who is also the District Representative with the Operating Engineers Local Union 3):
VII. NEW BUSINESS 10 Minute Limit per Speaker
A. Presentation by La`ie Community Association (LCA) Seeking Board Support for Envision La`ie and Ko`olauloa Sustainable Communities Plan – Pane Meatoga, Jr., LCA President
The LCA presentation continued on to December 9, 2013 whereby the Ko’olauloa Neighborhood Board #28 took a vote to support the above agenda. The outcome was predicted as reported.
Subsequently, three complaints against the Ko’olauloa Neighborhood Board #28 were filed at the Honolulu Neighborhood Commission. Hearings for Marvin Iseke, Andrea Nixt and Lea Minton vs the Ko’olauloa Neighborhood Board #28 were set for May 28, 2014 at the Honolulu Hale Committee Room at 6:00 pm.
NB #28 Chair Verla Moore in blue with 80-year-old Hauula kupuna Marvin Iseke in striped shirt.
Ko’olaulau residents contend that former Mayor Mufi Hannemann and his Managing Director Kirk Caldwell, provided preferential treatment to Hawaii Reserves Inc. in Laie by unilaterally inserting the “Envision Laie” development plan into the Ko’olauloa Sustainable Communities Plan in 2010. (However, it should be noted that many in Laie oppose the Envision Laie but prefer not to publicly voice their opinions, for whatever reasons.)
Residents also allege that current Chair Verla Moore, also a member of the Laie Community Association Board, plays favoritism as to who can have a presentation at board meetings.
Residents contend that generally no prior efforts were expended to evaluate these matters in a careful and non-discriminating way. No information gathering or research was expended. They perceive an entrenched bloc vote that ignores all the other communities in Ko’olauloa.
Alleged violations presented at the May 28, 2014 hearing included the following:
§2-13-104 Standards of conduct. (a) Board members, in the performance of their duties, shall demonstrate by their example the highest standards of ethical conduct, to the end that the public may justifiably have trust and confidence in the integrity of the neighborhood board system. Board members shall hold their offices or positions for the benefit of the public, shall recognize that the public’s interest is their primary concern, and shall faithfully discharge the duties of their offices regardless of personal considerations.
(b) Board members shall not use their positions to secure or grant special consideration, treatment, advantage, privilege, or exemption to themselves or any person beyond that which is available to every other person.
(c) Board members are not officers or employees of the city by reason of their position. However, the standards of conduct policy shall apply to all board members. [Eff 10/20/08] (Auth: RCH §14-103(a)) (Imp: RCH §14-104)
§2-13-107 Representative capacity of board members. (a) Each member of a board shall represent the entire district and act responsibly to fulfill the board’s democratic and advisory duty.
Violation:
Yet, on December 9, 2013 Verla Moore KNB #28 Chair and her bloc adopted a Resolution to support her own Laie Association’s request to support Envision Laie and the Ko’olauloa Sustainable Communities Plan against all opposition in the region.
The Neighborhood Board members who voted to support the Laie Community Association’s request had not read the Environmental Studies as well as the voluminous facts and circumstances surround this controversial issue. You can see this on the video tape. They just accepted Pane Meatoga’s words as facts. Residents are given very limited opportunities to talk and not allowed to ask questions.
The Neighborhood Commission Hearings lasted about four hours. Anita Hofschneider from Civil Beat reported parts of it:
Complainant Andrea Nixt from Ka’a’awa with Laie Community President Pane Meatoga in the background.
The conflict played out again Wednesday evening when Andrea Anixt from Kaaawa, Lea Minton from Punaluu and Marvin Iseki from Hauula contested the board’s December endorsement of the latest version of the Koolau Loa Sustainable Communities Plan in a four-hour-long hearing before the Neighborhood Commission at Honolulu Hale.
Anixt, Minton and Iseke said the board members who voted for the project failed to represent the interests of the Koolau Loa community as a whole. They also said several members had conflicts of interests because they or their family members are employed by BYU-Hawaii and HRI.
The board’s chairwoman, Verla Moore, vehemently denied the allegations, saying that the board painstakingly ensured that all the rules were followed.
She emphasized that the homes would be for the “poor and unknown,” instead of for rich people like GoPro CEO Nicholas Woodman, who made headlines that day for purchasing a $9.2 million property on the North Shore.
She suggested that the three residents who criticized the board appeared to be haole while many on the board were Native Hawaiian or Pacific Islander.
“You look at my board members, you look at their faces. I go back 150 years here,” Moore said to the commission. “You look at our opposition. When did they come here? 10 years ago?”
“We let you in, let us guys stay,” she added.
Minton, who testified next on behalf of the Defend Oahu Coalition, said she was born and raised in Hawaii and went to Kahuku High School.
“We’re not here to discuss white people versus Hawaiians,” Minton said. “When you sit in a position of power and you’re elected to that neighborhood board, you’re there to represent everybody.”
Lea Minton disclosed that she received threatening phone calls, including to her employer to fire her for testifying at the October 8, 2013 City Council hearing at Kahuku High School. She also received a death threat.
Unfortunately, Minton further pointed out being harassed by a member of the Ko’olauloa Neighborhood Board #28 on the way to the Hearing that night . That particular board member apologized later at the hearing, explaining he had had a hard day.
The Neighborhood Board Commission is slated to render their decision within 45 days.
If Mayor Frank Fasi were alive today, he would probably continue to be proud of his accomplishment in providing a public forum for the grassroots. Fasi would understand that democracy could get messy but he would probably have a few choice words about uncalled-for bullying behavior. All in all, he would be happy to see citizens participate and pursue clarifications and redress when and where needed.
Mayor Frank Fasi established one of the nation’s largest elected neighborhood board systems for Honolulu in the 1970s. Its purpose was to encourage civic participation.
Fasi certainly helped create the ideal environment for a robust and healthy interaction between grassroots constituents and their elected officials:
The Neighborhood Board is full citizen participation in government so that the powers of the City can properly serve and advance the aspirations of its citizens. Through the Neighborhood Board system, every resident has the opportunity to participate in government decision making which affects his or her community. The system applies the concept of participatory democracy, involving communities in the decisions affecting them. It establishes an island wide network of elected neighborhood boards as communication channels, expanding and facilitating opportunities for community and government interaction.
In 1984, Oahu’s voters approved a City Charter a City Charter amendment expanding the role of the neighborhood boards to include all levels of government. Every resident has the opportunity to participate in government decision making which affects his or her community. You can play a significant part in making government more responsive to community needs. The decision is up to you.
Because I live in the Ko’olauloa area, I’ll conveniently focus on the Ko’olauloa Neighborhood Board #28.
Board meeting at Hauula Elementary School – May 8, 2014
The members of the Koolauloa Board #28 was voted into office with a overall vote of 8.61% in the last election. This lack of participation is unequivocally an issue that needs discussion.
The most recent Ko’olauloa Neighborhood Board meeting was sparsely attended.
Perhaps, it was the May 8, 2014 agenda content that did not garner much attention:
VII.NEW BUSINESS (10 Minute Limit per Speaker)
A. Board Action: Member Hans Ta’ala’s Three (3) Absences for the Year
B. Bus Stop Volunteer Program – Department of Transportation, Public Transit Division Representative
The above Laie board member had missed three meetings during the year and his absence that night was an additional absence. Laie representatives Kela Miller and Gaylene Nikora Lolofie defended Ta’ala with the premise that Ta’ala was not present to explain the reasons for his absences and to allow Ta’ala the opportunity to explain at the following meeting before any action is taken.
The Bus Stop Volunteer Program had a bureaucrat encouraging constituents to assist in building and bus-stops maintenance for free labor.
Other issues like the controversial Honolulu City Council Bill 47 that amends the 1999 Ko’olauloa Sustainable Communities Plan to include the proposed new subdivision ” Enviision Laie” at Gunstock, located at Maleakahana, Kahuku and the expansion of the Turtle Bay Resort certainly garnered attention.
June 8, 2014 may turn up to be a sleeper meeting again. The agenda for new business is as follows:
VIII. NEW BUSINESS (10 Minute Limit per Speaker)
Board Action: Member Norman Thompson, III Three (3) Absences for the Year
Board Action: Member Hans Ta’ala’s Three (3) Absences for the Year
The Ko’olauloa Neighborhood Board #28 meetings are aired on`Olelo Broadcasting Television – the 4th Friday at 9:00 p.m. on Channel 49, and on the 2nd and 4th Sunday at 12:00 noon on Channel 54. Citizens can watch these board meetings any time on http://www.Olelo.org and click “On Demand”.
(De)Occupy Honolulu isn’t the only one suing the City and County of Honolulu over infringement of free speech rights.
On Tuesday, North Shore resident Choon James filed a lawsuit against the city for tearing down signs she had put up on her property to protest a municipal eminent domain case she’s involved in.
What’s interesting is that both James and (de)Occupy’s complaints involve the same law — the city’s stored property ordinance. This controversial law allows city officials to seize personal belongings from public property after providing 24 hour notice.
For (de)Occupy this meant city officials clearing tents from the sidewalks along Thomas Square in downtown Honolulu.
In James’ case, she says the city came onto her private property with heavy machinery to yank two signs out of the ground, one that read “Eminent Domain Abuse Who’s Next?” and another that said, “YOUTUBE: Eminent Domain Abuse Hawaii.” http://www.youtube.com/watch?v=VaFawyE43Ww
Meanwhile, she claims other nearby signs, including those using political speech, remain.
James is being represented by Richard Holcomb, the same attorney who represents (de)Occupy Honolulu.
Rail’s Transit-Oriented Development (TOD) An Assault on Private PropertyRights
By Choon James 11/03/2012 Published in Civil Beat.
How would you react if a stranger enters your home; goes into your bedroom and sleeps in your bed — without your permission?
The natural reaction would be one of disbelief and outright objection, right?
We would consider this intrusion an invasion of our privacy and space. We would dial 911 to get the intruder off our property.
Yet, we see no similar reactions towards the Honolulu city’s proposed Transit-oriented developments (TOD); we detect no deference to or respect for private property rights. The city’s planners and facilitators have successfully drowned this constitutional right in their public presentations.
On the other hand, the amount of giddy excitement and coveting of private properties (that the government does not own) for this Honolulu Rail’s Transit-oriented development (TOD) is very alarming. http://www.youtube.com/watch?feature=player_embedded&v=sLSzpi0ytSY
We live in a Democracy; we are not China or Russia.
Private property rights is an integral part of free enterprise. We must not allow crony capitalism to stomp private property owners. Government and its cronies must not be allowed to plan as they unilaterally please. http://www.youtube.com/watch?v=SmM4ZBoppNQ
At each of the proposed 21 rail stations, the city wants TODs “within half a mile radius” vicinity. The proposed rail stations are located at every mile; this means the whole land area along the entire 21-mile rail corridor is up for grabs. “Half a mile radius” sounds so harmless!
To covet and seize an additional 20 square miles area along this rail corridor on our small island pose a huge economical, social and cultural impact!
It’s not as if private owners can easily relocate down the road. Family inheritances, investments, and businesses built with sweat, equity, and sacrifices will be placed under the mercy of absolute powers of eminent domain. Kama’aina owners and businesses will be pushed out to pave the way for national and international investors. http://www.youtube.com/watch?v=i67hIaAe6hs
Have we forgotten about Kelo vs. New London, the most despised eminent domain case in recent history http://en.wikipedia.org/wiki/Kelo_v._City_of_New_London The Fort Trumbull community had 117 private properties. The City of New London supposedly had carefully crafted a revitalization plan to spur new jobs and increase tax revenue.
To push this “revitalization” plan forward, New London City abused its eminent domain powers to seize private properties to transfer to its private partner. http://www.youtube.com/watch?v=4N1svadJQ40
As it turned out, the city’s private partner – Pfizer corporation – failed to deliver needed funds and abandoned the much-heralded project. The Pfizer corporation also left town.
The city and state spent $78 Million for the acquisition and bulldozing the Fort Trumbull neighborhood. The promised 3,169 new jobs and $1.2 million a year in tax revenues evaporated.
The municipal experts’ Revitalization Plan, the basis for the ill Supreme Court’s June 23, 2005 decision in deference to legislators, proved to be an elusive concept and not reality.
In early 2012, its newly-elected Mayor of New London extended an apology to the Fort Trumbull victims . . . what good did that do?
The priceless toll on the victims could never be compensated; lives were uprooted and constitution rights subverted while the bureaucratic and political perpetrators walked away scot-free. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=04-108
Here in Hawaii, we observe a similar “revitalization” process has been set in motion. City “experts” are holding “Community Visioning” meetings to discuss “Neighborhood TOD Planning”. http://www.youtube.com/watch?feature=player_embedded&v=sLSzpi0ytSY
The city wants to “take advantage of rail to its optimal level” and to “concentrate population” along this rail corridor.
http://dev.honoluludpp.org/Planning/NeighborhoodTODPlans.aspx
The “experts” presented beautiful artistic renderings at these meetings but we’ve yet to hear the sounds of the Rail along the Honolulu High-Capacity Transit Corridor. Who will live along the noisy railroad tracks? http://youtu.be/abzMGHe3Pc0
(The push to steer the low income population along the noisy rail corridor is “segregation déjà vu” and not social equity.)
The dangerous potential for the city to seize 21 square miles of private properties for transfer to private investors has to be reckoned with, today. The proposed Honolulu Rail is not only ugly, noisy, and a black hole for Oahu’s taxpayers; its accompanied TOD is a direct assault on private property rights. http://www.youtube.com/watch?v=V4ezw1Hbf6Y
No Oahu residents should sit idly by and condone such autocratic land-use plans for our island home. It is wrong. It’s dangerous. It’s unAmerican. It goes against the core tenets of our free society.
City planning and developments must conform within the constitutional parameters of private property rights. This should have been a big part of the public deliberations. Any “exemption” laws to skirt this right must be rejected. Too many big decisions have been manipulated and controlled by raw crony capitalism and special interests. Private property owners continue to trampled on and pushed aside by the big boys.
We must take our government back.
&&& About the author: Choon James has been a real estate broker for over 20 years. She is a member of the Ko’olauloa Sustainable Communities Planning Committee and hosts “Country Talk Story”, a weekly community television show on Saturdays at 5:00 pm on Channel 55. Continue reading →
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