Thursday, January 26, 2023
Hawai'i Free Press

Current Articles | Archives

Saturday, May 7, 2016
BLNR Refuses to Replace Telescope Hearing Officer
By News Release @ 3:50 PM :: 6098 Views :: Greenmail, Higher Education, OHA

JUDGE RIKI MAY AMANO AFFIRMED AS TMT CONTESTED CASE OFFICER

Sixteen Page Land Board Decision Directs Judge Amano to Proceed

News Release from DLNR, May 6, 2016

(HONOLULU) – All seven members of the Hawai‘i Board of Land and Natural Resources (Board), in a decision released today, directed retired Hawai‘i island Judge Riki May Amano to proceed as the contested case hearing officer for the Conservation Use District Application (CDUA) for the Thirty Meter Telescope (TMT) at the Mauna Kea Science Reserve.

In response to objections raised by certain parties (“Petitioners”) to Judge Amano’s selection as the TMT hearing officer due to her family membership in the ‘Imiloa Astronomy Center (“‘Imiloa”) operated by the University of Hawaii-Hilo, the Board stated: “A ‘family membership’ does not confer any right to participate in ‘Imiloa’s governance or decision making, in contrast to organizations where members may vote for a board of directors or other officers,” and the membership simply allows her and her family to “view exhibits and displays at a museum that focuses on astronomy, Mauna Kea, and Hawaiian culture.”

In written disclosures to the Board last month, Judge Amano stated that she and her husband paid $85 per year since 2008 to maintain an ‘Imiloa family membership, which allows free admission to the astronomy center and discounts at the center restaurant and gift shop. Judge Amano further declared that her family membership expires on May 24, 2016 and will not be renewed.

The Board stated, “No reasonable person would infer that the possibility of this ‘benefit’ (‘Imiloa family membership) would override the hearing officer’s duty to make an impartial recommendation to the Board.”  The Hawai’i Revised Code of Judicial Conduct directly addresses the issue of how to treat Judge Amano’s membership if ‘Imiloa is assumed to be a party to the contested case. “The rule provides that a judge shall disqualify herself if the judge or her specific listed relative are a party to the proceeding, or an officer, director, general partner, managing member of trustee of a party.  While this list is not exhaustive, what is significant to the BLNR is that all of these grounds involve some kind of fiduciary or managerial relationship between the judge (or the judge’s relative) and the party.  Such relationships do not remotely resemble the ‘family membership’ at issue here,” said the Board in its decision.

The Board carefully deliberated as to Judge Amano’s statement that she initially saw no connection between ‘Imiloa and the TMT application, and her statement that she did not know that ‘Imiloa was part of UH-Hilo. The Board accepted Judge Amano’s explanation and added, “The Board would certainly encourage hearing officers to disclose a broad range of known relationships…but it will not disqualify Judge Amano for not disclosing her ‘Imiloa family membership, which even in connection with facts she did not know, is not something that a reasonable person would consider likely to affect the impartiality of the arbitrator. The Board finds that under the applicable legal standards, a reasonable person knowing all the facts would not doubt the impartiality of Judge Amano.”

The Board also found that the public notice soliciting attorneys to apply to serve as the TMT contested case hearing officer was properly published on January 29, 2016. Additionally the Board ruled that its decision to delegate the selection of the hearing officer to the Board Chairperson did not need to be made in an open meeting pursuant to chapter 92 of the Hawaii Revised Statutes (the “Sunshine Law”).  Citing legal decisions, the Board found that the Sunshine Law did not apply to boards exercising adjudicatory functions, such as conducting a contested case hearing. Further, the Petitioners’ claim that they should have received prior notice of the selection process was not required because, “The Board’s decision to delegate authority to a hearing officer and the selection of a hearing officer are properly adjudicatory functions.”

On December 2, 2015, the Hawaii Supreme Court remanded the TMT permit application to the circuit court to further remand to the Board for a contested case hearing.  On February 22, 2016, circuit judge Greg K. Nakamura remanded the matter to the Board.  Four days later on February 26, the Board met to restart the contested process.  A public solicitation for a hearing officer occurred, a three member committee evaluated applications, and the hearing officer was announced on March 31.  Three supplemental disclosures were filed by Judge Amano in April, followed by more opportunities for the Petitioners to respond. The Board gave all parties until May 2 to raise legal arguments for or against the selection process and selection of the hearing officer. 

Today’s sixteen-page decision denies the Petitioners’ objections and directs Judge Amano to begin the contested case process.

# # #

TMT FAQs and minute orders: http://dlnr.hawaii.gov/faqs/mauna-kea-faq/

  *   *   *   *   *

SA: Wurdeman said his objections are on file — just in case a higher court wants to take a second look at the legality of the issues.

HTH: State: Amano will preside over TMT hearing

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

ACA Signups Hawaii

Alliance Defending Freedom

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Back da Blue Hawaii

Ballotpedia Hawaii

Better Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

ChinaTownWatch.com

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT