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Sunday, August 26, 2012
August 26, 2012 News Read
By Andrew Walden @ 7:13 PM :: 6059 Views

2016: Obama's America Now Showing in Honolulu

Deficit Needs to be Addressed if Collapse to be Avoided

Detainee Names Five Honolulu FDC Guards, Alleges Sex with Inmates

Honolulu Federal Inmate Discovers 'Gays Not Born That Way'

UH Concert fiasco—Focus Shifts to Clayton Hee’s Wife

SA: A number of state lawmakers said there could be long-term consequences from the fiasco, and the university will no doubt have to explain its decisions in the upcoming legislative session.

Some have suggested the situation could bode poorly for UH when it heads to the Legislature asking that funding cuts be restored; others say the debacle could hamper UH fundraising efforts.

"This is definitely going to have a long-lasting effect all the way around for the university," said state Rep. James Tokioka (D, Wailua-Koloa), one of nine neighbor island legislators who expressed concern about the university's hand­ling of the concert fallout in a letter to the Board of Regents on Wednesday. The UH president and BOR, he said, "need to look in the mirror and say, ‘What responsibility did we have for this?'"

State Rep. Mark Takai (D, Newtown-Pearl City), who has been highly critical of the university's decision to reassign UH athletic director Jim Donovan in the wake of the concert mess, said UH's handling of the canceled concert has left many calling for more transparency.

"Mishandling might be too kind a word," Takai said of the university's response. "They're spinning this thing and a lot of people are getting dizzy. It's like they think we're dumb."…

"The bottom line is they just come across looking incompetent," said Robert Cooney, past chairman of the UH-Manoa Faculty Senate….

Earlier this year, as part of a redesign of its system-level public relations operations, UH hired three former TV news people — two former journalists and a videographer. The overhaul is aimed at better telling the university's story through online video and social media.

Hired were: former TV reporter and state Department of Transportation spokesman Dan Meisenzahl, who was named director of media production (with annual pay of $103,584); former KITV television anchor and reporter Jodi Leong, director of communications (with a pay range of $54,528-$138,288); and videographer Cliff Watson (with a pay range of $44,724-$113,000)

Lynne Waters (aka Mrs Clayton Hee), associate vice president of UH external affairs and university relations and also a former TV reporter, argues the overhaul has ultimately saved money at the system level, has redirected resources to video and digital platforms and has allowed for better communication among public relations offices across campuses.

It's unclear whether Donovan will have any role in the revamped public relations operations.

But Takai and other legislators said UH will have to eventually justify the creation of Donovan's position — and make clear how it fits in with other efforts to beef up the university's marketing arm. Takai, a member of the House Higher Education Committee who has criticized the university's spending on administrative positions, said Donovan's new job raises many questions, not least of which is whether the position is actually needed.

"It's still not clear what it is," he said.

Totally Unrelated: Henkin: Rumors of Hee-Wooley Affair “Scurrilous”

read … Long-Lasting Effect

Grabauskas “Bones” Comment “an incredible insult”

KHON: Dan Grabauskas used the phrase "make no bones about it" when he responded to a question about 'iwi' or human bones.

Plaintiff Paulette Kaleikini said in a statement, "His pun on the word 'bones' is an incredible insult to me, my ohana and all native Hawaiians."

Grabauskas said in a statement Saturday, "It is an expression that I grew up with, but this was a completely inappropriate time to use it. I sincerely apologize to anyone who made this unfortunate and certainly unintended connection."

read … HART's executive director apologizes for "bones" comment

Maui: Democratic House candidate accused of violating spending laws

Maui News Frontpage: Hawaii GOP Vice Chairman Boyd Ready filed the complaint against Ing's campaign committee Friday on behalf of the Republican Party. In a news release, Boyd said, "Ing looks like a Rod Tam in training." …

The GOP charges that Ing used illegal campaign contributions to obtain public funding; took more than $5,900 in cash from his own committee without appropriate receipts or descriptions; held fundraisers without notice; and failed to report expenses for fundraisers….

The Republican complaint, provided by Boyd to The Maui News, says Ing did not file any "intent to hold a fundraiser" report, despite holding three fundraisers and planning a fourth. The complaint also says Ing's campaign failed to report expenses for two of the fundraisers….

The Republican complaint questions the $1,920 Ing reported to qualify for state matching funds. It says three of the contributors - Rich Halverson, Matthew Ing and Andrew Winer - should not have been eligible for matching funds because they each gave more than $100. …

As a result, the Ing campaign has received $250 in matching state funds for which it is not entitled, the GOP complaint says….

The GOP complaint cites state statutes with potential fines for violations of state campaign spending laws. The party's news release says the number of Ing campaign infractions "supports over $14,000 in fines." It says state law provides that anyone who knowingly or intentionally falsifies a campaign spending report with the intent to circumvent the law would be guilty of a class C felony.

read … State GOP files complaint against Ing campaign--Democratic House candidate accused of violating spending laws

Milner: Hawaii’s Low Voter Turnout Tied to Weakness of GOP

SA: …there are other factors suppressing it that would take far more work to change.

For starters, said Milner, the fact that most Hawaii political races are fairly uncompetitive and dominated by one party siphons off much of the excitement and the voters' sense that they really can make a difference.

"When you look at voter turnout over time, it starts to drop about the time when the Republican Party practically disappears from the scene," he said — and ending single-party rule is no easy task…

But overall, voter turnout has been on the upswing in recent years, McDonald said, partly because parties have invested heavily in voter mobilization, and because voter registration restrictions have been rolled back in some areas. The state with the highest voter turnout, he said, is Minnesota, where it's possible to register on the same day that you vote. Election-day registration (EDR) in that state survived a federal court challenge on Aug. 17.

Hawaii is taking steps in that direction, said state Sen. Les Ihara, one of those who supported the enactment of an electronic voter registration provision. The new law authorizes the acceptance of electronic applications to register to vote, beginning with the primary election of 2016. County clerks indicated they needed the intervening years to get the system up and running, Ihara said, and the law included an appropriation of $500,000 to design the online voting system.

read … A bunch of excuses to promote voter fraud

Star-Adv: Candidates Should Be Barred from ‘Assisting’ Mail-In Voters

SA: … the cases of Manahan and Cachola … shine a light on a distinct weakness in state election laws.

Manahan's rival, Martin Han, alleged in his complaint that Manahan violated the statute that bars campaigning within 200 feet of a polling place. Han charges that his opponent had signs within the prohibited zone; Manahan has denied wrongdoing.

But Han also pointed to another practice, citing reports from voters that both Manahan and Cachola had gone door-to-door in certain precincts to meet with voters about their ballots. Cachola has said he merely offers assistance to voters who, due to language barriers or other problems, can't manage the ballot.

That is precisely where the line needs to be drawn: barring candidates from assisting with voting or taking custody of ballots in any way.

Current law does not address this question, and it should. Lawmakers should revise the statute before the 2014 elections so that it's plain that intruding on the voting process when mail-in ballots are used is tantamount to standing in the election booth with a voter.

And that simply should not be allowed. Certainly, many voters could use some help figuring out how to cast their ballots. But the outreach should be provided by disinterested third parties

read … No Kidding

Students give UH-Manoa dubious honors in guide

SA: The Princeton Review's annual best colleges guide is perhaps best known for its list of the top party schools in the country (The University of West Virginia is No. 1; UH-Manoa did not make that list.)

But it also ranks colleges in 61 other categories based on student survey results.

UH-Manoa stopped actively participating in the surveys after the 2009 guide listed the school as having "Dorms like Dungeons," "Long Lines and Red Tape" and "Professors Get Low Marks."

For this year's edition, UH-Manoa administrators decided to encourage students to fill out the surveys.

But the results showed the students rank the school in the bottom 20 out of 377 schools for "Least Happy Students" (12th), "Administrators Get Low Marks" (14th) and "This is a Library?" (17th).

Shapiro: UH takes its sweet time to say little except 'sorry'

read … Students give UH-Manoa dubious honors in guide

Pihana-Equinix: Supreme Court Gives Away Another $500K to George Ariyoshi

SA: Ariyoshi and the other plaintiffs reached settlements earlier giving them $500,000 from Morgan Stanley and USB, a sum considered to be nominal in view of the magnitude of the litigation.

In what's known as a "walk-away" agreement, Ariyoshi and the others settled with the rest of the companies, dropping all (delusional) claims that could have ended up totaling more than $1 billion as Equinix grew in value over the years.

(Get this: Ariyoshi bankrupted a tech company, sold it to Equinix. Equinix made the company into something, so Ariyoshi sued for $1B. LOL! Even Hawaii courts couldn’t swallow that.)

In exchange, all the companies gave up a $3.4 million judgment for attorney fees and costs against the former governor and the co-plaintiffs incurred in defending the suit.

John Edmunds, the plaintiffs' Honolulu lawyer, said they had "great hopes" of prevailing, (who is he fooling?) but were not able to stave off the companies' attempt to collect on the attorney fee judgment and garnish the plaintiffs' bank accounts….

Equinix and the other companies mounted a vigorous defense, winning a dismissal of the lawsuit they contended was meritless and obtaining the attorney fee judgment.

But Ariyoshi and the others filed an appeal seeking to reinstate their lawsuit and set aside the attorney fee award.

(Thus Ariyoshi gave the Hawaii Supreme Court the opportunity to reward him and remove the $3.4M judgment. Heck, that sure beats smuggling jewels from Japan!)

Ariyoshi and Onuma, Pihana's founder in 1999, owned the bulk of Pihana's common stock. The data center company managed to raise $240 million within two years, the largest single venture investment in a Hawaii tech operation.

Goldman Sachs (Broken Trust) and the other financial institutions were among investors and received Pihana preferred stock.

But as economic conditions took a downturn, Pihana shut down and Equinix took over. Ariyoshi and the other Pihana common-stock holders were notified the company's value drastically fell and they would not receive any money. (It’s called bankruptcy.)

The investors who held preferred stock received 22.5 percent of Equinix's common stock. (That’s what GS etal paid for. In essence buying the company from Ariyoshi. Now he wants them to buy it from him again!)

Equinix itself was considered virtually bankrupt at the time of the acquisition, but grew in value to about $3.3 billion when Ariyoshi and the other Pihana common-stock holders filed their lawsuit in 2008.

They sought the value of 22.5 percent of Equinix or roughly $725 million. Among the minor Pihana common stockholders was the University of Hawaii, which did not pay money for shares it was given for helping establish a network facility.

The lawsuit, however, was dismissed in 2010 by Circuit Judge Rom Trader, who ruled the suit filed six years after the acquisition was barred by the statute of limitations.

Trader also awarded Equinix and the investor companies the $3.4 million judgment for attorney fees and costs.

Morgan Stanley and USB each settled earlier for $250,000, giving up their share of the attorney fee judgment. In exchange, the plaintiffs dropped their litigation against them. (Ariyoshi already scored $500K from this scam!)

The rest of the companies later reached the walk-away settlement.

According to the court file, the expense of continuing the litigation was cited as a factor in reaching the settlements. Both sides, according to the agreements, will bear the costs of their legal fees.

PBN: Pihana-Equinix merger is complete

read … Supreme Court Rewards Ariyoshi

Waikiki Losing 2% of its Hotel Rooms Each Year

Kyo-Ya: No new hotels have been built in Waikiki in close to 30 years and hotel room inventory has declined nearly 2 percent annually over the past decade, limiting the number of visitors Waikiki can accommodate in the long term. With our limited natural resources and desire to preserve open space, we should focus on making Waikiki more appealing to visitors with higher spending patterns and longer lengths of stay, as well as to residents, by developing the facilities, amenities and services they desire.

Fortunately, over the past several years, hotel owners have partnered with the city and state to begin the renewal of Waikiki by investing nearly $2 billion upgrading hotels, providing alternative accommodation types, improving public spaces and emphasizing a Hawaiian sense of place.

A key component of Waikiki's revitalization is Kyo-ya Hotels & Resorts' $1 billion "Waikiki Renewal" plan to renovate or redevelop each of its Waikiki properties. As the largest hotel owner and employer in Waikiki, Kyo-ya understands the need to improve the Waikiki experience for our visitors, residents and community.

read … Kyo-Ya President

Native Hawaiian Legal Corporation gets another win

ILind: Yesterday’s unanimous ruling by the Hawaii Supreme Court that construction on the city’s planned rail system should not have started until an archeological survey of the entire route had been completed is another major legal victory for the Native Hawaiian Legal Corporation.

The Supreme Court handed NHLC another major victory in May, when the court ruled that the state’s failure to provide funding sufficient to support the administration and operating costs of the Department of Hawaiian Homes is a violation of the Hawaii Constitution.

The rail case was argued by NHLC staff attorney David Kimo Frankel, son of retired Star-Bulletin news editor Chuck Frankel….

NHLC provided legal assistance to 755 clients during the year ending June 30, 2011, according to its Form 990 tax return filed with the IRS. NHLC has nine attorneys, including executive director Moses Haia III, and operates on an annual budget of just over $1 million. That sounds like a pretty lean budget for a law firm providing advice and legal assistance to clients statewide and tackling complex cases that sometimes take years of litigation to complete.

read … Native Hawaiian Legal Corporation gets another impressive legal win

Fontaine Seeks Preservation of Makena State Park

MN: State Rep. George Fontaine, who represents South Maui, said he plans to request additional funding through the Legislature.

He, too, would like to find ways for the state's Parks Division to be more self-sustaining through fees and public-private partnerships.

"I certainly will request funding," Fontaine said. "I did not realize the funding had dropped to that level."

He said a model to consider might be the Hanauma Bay Nature Preserve, run by the City and County of Honolulu's Department of Parks & Recreation.

The popular snorkeling spot at one time saw as many as 3 million visitors annually before the city implemented a restoration plan and education program.

"The area was going downhill because it was way overused," Fontaine said of Hanauma Bay. "They implemented a comprehensive plan to limit the number of visitors per day and do a lot of education. You can't even set foot on the beach until you view an informational video. This has allowed Hanauma Bay, despite getting over 800,000 visitors a year, to maintain its pristine levels. I would like to see Makena State Park also preserved as a pristine area for visitors and locals alike."

Meanwhile: Campaign Spending: HD11 Candidate Kaniela Ing Could Face $14,000 Fines, Felony Charges

read … Improvements could be in store for Makena State Park

Mizuno, Inouye Order Mobilization of Gun Control Activists

HR: Rep. Mizuno called this special meeting with the Board of Gandhi International Institute for Peace, law officials and community leaders to discuss preventing violence in our community.

In attendance were about 10 community "peace and non-violence" activist. The lead activist was Raj Kumar, Ph.D., President Gandhi International Institute for Peace.

The purpose of the meeting was designed to get a core group together to start a "grassroots campaign" to convince state lawmakers and the public to enact new gun laws and restrictions and/or ban.

The meeting was a short notice meeting called because U.S. Senator Dan Inouye talked with State Rep. Mizuno on Monday and told him to start the campaign. Apparently Senator Inouye wants quick action to take advantage of current gun discussions in the press.

The activist that participated were... I'll be blunt... scary lunatics. They were discussing how homeless were criminals, poor people were criminals and worst of all our veterans and active duty military were all psychopathic murderers and needed to be deprogrammed and reeducated. State Rep. Mizuno went right along with the activist….

They did discuss meeting again on 5 September at the state capitol

Aug 20: Isle Sikh community calls for end to religious bias

read … Gun Control

Haole-Hawaiian Alliance Accounts for 71% of Marijuana Arrests

WHT: Between Nov. 4, 2008, and April 30, 2012, of the 1,465 adults arrested on various marijuana charges, 373 were Hawaiians, accounting for 25.4 percent of total arrests. Those statistics were provided by police to the county council under provisions of county ordinance 08-181, a law passed by voter initiative making adult use of marijuana on private property the “lowest law enforcement priority.”

At 8.5 percent of the Big Island’s population, according to the 2010 U.S. Census, Hawaiians have the highest marijuana arrest rate, almost three times their population.

The most arrested racial group is Caucasians, with 670 arrests, or 45.7 percent of of total arrests. According to 2010 U.S. Census figures, Caucasians make up 33.7 percent of the population.

read … About the new Haole-Hawaiian Alliance

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