Criminal Charges? Attorney General to Investigate Kenoi
Senate Passes Rail Surcharge Extension, State to Skim $496M
House Passes Nearly 150 Senate Bills on Second Crossover
Senate Passes Nearly 200 Measures on Crossover
Auditor: Fraud-riddled HI5 Program Ripped off by Whole Foods Market for 6 Years
Feds Cite Honolulu Taco Bell Placement in $30M Fine Against Heald College
Lawsuit Challenges HC&S East Maui Water Diversions
Inspector General, Special Purpose Revenue Bonds, and Monolithic Monopoly: House Republicans Speak Out
Hawaii Has Most Tax Brackets of Any State
Carlisle: Only 2,100 Signatures needed to Impeach 'Repulsive' Kenoi
HNN: Former Big Island Mayor Harry Kim said a government official called him Tuesday morning and asked him if he'd sign an impeachment petition against current Mayor Billy Kenoi, who has apologized for improperly charging more than $30,000 in personal expenses on a county credit card.
Kim would not identify the person who called him....
Former Honolulu Mayor Peter Carlisle -- who spent 14 years as city prosecutor -- considers Kenoi a friend but describes his actions as: "Repulsive. This is not what people should be in government for. "
When Hawaii News Now asked Carlisle if Kenoi should resign, Carlisle said, "Yes."
Carlisle reviewed the Hawaii County Charter that said 25 percent of Big Island voters would have to sign a petition for a recall election to get on the ballot and then 50 percent of the voters from the last election would have to vote in a recall election for it to be valid.
"You've got a hurdle where you've got to get this number of people out and if you don't get that many people out, then, boom, there is no recall," Carlisle said.
An impeachment effort of Kenoi would be much less difficult, Carlisle said, since it only requires two percent of the registered voters from the last election -- about 2,100 -- to sign an impeachment petition.
"This looks like there may be a more easy route to go by impeachment," Carlisle said.
Then a single state judge would decide whether he should be removed from office for "malfeasance, misfeasance, nonfeasance or maladministration," according to the Hawaii County Charter.
And there'd be an easier burden of proof than in a criminal case.
"So we now know it's not proof beyond a reasonable doubt, we now know it's a preponderance of the evidence," Carlisle said, since the rules of evidence would follow civil cases....
The last impeachment effort in recent memory happened on Oahu in 2002 against then-Councilwoman Rene Mansho....
read ... Impeach Kenoi
I'm done talking about pCard, says arrogant mayor
SA: Embattled Hawaii County Mayor Billy Kenoi promised to cooperate with a state attorney general's criminal investigation into his county-financed trips to Honolulu hostess bars and other personal expenses but does not plan to talk about the issue anymore.
"I respect the decision by the Department of the Attorney General, and will cooperate fully as the process unfolds," Kenoi said in a statement Tuesday following Attorney General Doug Chin's decision to investigate Kenoi's use of his county-issued purchase card, or pCard.
"I remain committed to the people of Hawaii island and to my responsibilities as mayor," Kenoi said through his spokesman, Peter Boylan (who is now thinking, 'I spend how many years working for this loser?'). "I deeply regret the pain that this investigation will cause to my family and to the fine people of our community. I do not anticipate making further public statements regarding this matter."
Kenoi, a married father of three teenagers, previously worked as a Honolulu deputy public defender and has retained three Honolulu criminal defense attorneys.
Chin declined to discuss what potential crimes his department will look at — or even how many investigators and attorneys have been assigned to the case....
Boylan said Friday that Kenoi spent $129,580.73 on his pCard since taking office in 2009 and has reimbursed the county $31,112.59. On Friday he repaid an additional $2,055.12 in travel charges, Boylan said. (Boylan was one of many sycophants who thought Kenoi was 'going places' but he didn't think jail was one of them.)
read ... Arrogant
Senate advances bill to Raise GE Tax for rail
KHON: The Senate passed House Bill 134 on Tuesday that would extend Oahu’s 0.5 percent general excise tax surcharge through 2027. That’s another five years tacked on, seeing that the surcharge was supposed to end in 2022.
The bill was approved by 22 members of the Senate, and met with only three no votes from Senators Sam Slom, Laura Thielen and Gil Riviere.
“What it does show (is) that the city and HART have not kept their promise to either the taxpayers of Hawaii or the federal government,” Slom said. “They have not produced on time and now they want to be rewarded with more money. As I said on the Senate floor, the project started out as $3 billion, went to $5 billion, and now it’s at $6 billion.
SA: State Senate approves extension on Oahu of the GE tax for rail
read ... Tax Hike
DoT Won't Open H-1 Shoulder Lane until Legislature Done with Rail Tax Hike
KHON: The state hopes to open the shoulder lane between Aiea and Waimalu as soon as June, Halawa to Aiea by August, and the shoulder lane near the Radford Drive overpass by the end of the year.
read ... HDOT to open shoulder lane for rush hour this summer
Second Crossover Legislation
Hawaii Senate approves Maui state hospital private partnership
PBN: A measure that would allow Maui's state hospitals to enter into an agreement with a private entity such as Hawaii Pacific Health won final passage in the state Senate Tuesday and will be sent back to the House with amendments.
House Bill 1075 HD2 SD2 would authorize the Hawaii Health Systems Corp. Maui region, which includes Maui Memorial Medical Center, Kula Hospital and Clinic and Lanai Community Hospital, to enter a public-private partnership.
The measure passed its third reading in the Senate with 24 ayes and one nay from Sen. Brian Taniguchi, D-Manoa-Punchbowl.
The measure will likely be sent to conference committee, where both sides can hammer out their differences. (And the HGEA will have its last chance to kill the bill without leaving fingerprints.)
read ... Salvation
HGEA nurses ratify new contract with 4 percent raises (still waaaay behind private sector nurses)
SA: Nurses represented by the Hawaii Government Employees Association have overwhelmingly ratified a new two-year contract that includes raises of 4 percent per year plus "step movements" that allow them to move up the pay ladder into higher-paid classifications.
Only two of the 1,700 nurses in the HGEA's Bargaining Unit 9 voted against the proposed settlement during statewide ratification votes, said Randy Perreira, executive director of the HGEA....
Perreira estimated that 19,000 to 20,000 public workers who are represented by HGEA remain in negotiations, and said he hopes to reach settlements for additional units so that additional agreements can be funded by the legislature before the end of the current session on May 7.
"As you might anticipate, we're a little bit closer with some (units) than with others," he said.
The step movements for the nurses are structured to particularly benefit new hires, in part to help nurses who accept pay cuts in order to switch from private sector jobs to state government, Perreira said, (acknowledging what a sorry job HGEA does of representing nurses).
Salvation: Legislative Report: Convert HHSC to non-profit, dump civil service (full text)
read ... It just doesn't pay to stay HGEA
House Passes Two Senate Bills to Save Health Connector
CB: The Hawaii Health Connector hasn’t had a wealth of fans during its brief existence. A disastrous rollout in the fall of 2013 made it the subject of statewide ridicule, and by the end of that year, Executive Director Coral Andrews resigned amid enrollment numbers that were the lowest of any state exchange — a paltry 2,192....
the Health Connector still has obstacles to overcome. Creating such a marketplace is costly, with significant start-up expenses. Though the Connector expects to bring in $1 million in revenue this year, $2.8 million next and nearly $15 million annually by 2022, it essentially needs what entrepreneurs call “bridge funding” to cover costs over the next seven years as it moves incrementally toward self-sufficiency....
The House passed two Senate bills on Tuesday that will help ensure that long-term viability.
Senate Bill 1028 “attempts to harmonize” the ACA and the Hawaii Prepaid Health Care Act, which requires employers to provide insurance for employees working more than 30 hours a week. SB1028 mandates that the Connector only offer health plans that comply with the ACA’s requirements for adequacy....One of the most significant components of the bill is one that was removed before final passage. Previous versions of SB1028 approved the Connector to be able to issue up to $28 million in state-backed “debentures” over the next six years. The House removed that provision as part of negotiations between the Legislature and the governor to identify the best way to secure the bond financing.
A second piece of legislation passed Tuesday, Senate Bill 1388, would allow the Connector to begin offering large group insurance plans — a significant source of new participation. Rep. Angus McKelvey, chair of the House Consumer Protection and Commerce committee, called that provision “the most critical piece of the bill as far as sustainability of the Connector is concerned.”
read ... Connector Bills
Homeless can't stay on sidewalks
SA: Caldwell has directed an accelerated enforcement at the beachfront pavilions — once used by the public for their shade and tables until they became a draw for homeless encampments, substance abuse and crime.
One of them was reclaimed last May when the city struck a partnership with a vendor, Service Systems Associates, which launched the open-air Waikiki Grass Shack Bistro.
In the next two months, Caldwell said, the city will consider proposals for other pavilions lined up toward Diamond Head to be commercial enterprises of some sort....
the City Council has been contemplating an expansion of the areas covered by the "sit-lie" ordinance, which reserves sidewalks as pedestrian pass-throughs, preventing any lingering there 5 a.m.-11 p.m., the range of hours when most businesses operate.
Bill 6 would expand the restricted zones to include abutting areas, a response to people who would get around the rule by crossing a street. The sit-lie crackdown, which started in Waikiki then extended to other key business districts, would now encompass the Aala Park and McCully areas as well....
Lois Perrin, an attorney with the American Civil Liberties Union, said the principal constitutional concern is the criminalization of a person's presence in any given area if they have nowhere else to go. (But fortunately, we have open shelter spaces which these homeless continue to refuse.)
The "Housing First" program of rehousing the most vulnerable homeless individuals is essential, but plainly, more short-term accommodation is needed for all, including some variation on the "safe zone" theme.
A "safe zone" is an area set aside, with sanitation facilities and security, for those who can't or won't go to conventional shelters. The proposal to use a 4-acre Sand Island site, which the city previously explored, must be revisited. Such an encampment should have safety, shade, services and places to shower.
The state and city must find more spaces and repurposed structures that can serve as emergency shelter. And they must develop and redevelop properties that can provide so-called micro-units for individuals and living spaces for the homeless.
read ... Homeless can't stay on sidewalks
As Mauna Kea Protests Grow, Some Hawaii Island Residents Worry About Jobs
CB: The median household income in Hilo is $53,304, about $15,000 lower than the state median. More than 16 percent of residents live below the poverty level, compared to a state rate of about 11 percent. The unemployment rate on the Big Island is higher than any other except for Molokai, according to the latest state data from January.
Driving through downtown Hilo, the one- and two-story plantation-style buildings are colorful and historic, but dilapidated exteriors betray a lack of upkeep.
Some residents see astronomy as a promising, high-paying option. The Hawaii Island Economic Development Board boasts that astronomy is the county’s “leading technology industry.” Expanding to 13 observatories since the first was built in 1968, the industry generated over $90 million in local business sales for the island in 2012, as well as 800 jobs, according to a 2014 University of Hawaii study.
Reality: Telescope: For OHA, it’s all About the Rent Money
read ... Jobs?
Hawaii County Council Rejects Ethics (Again)
HTH: An omnibus ethics bill sponsored by Kohala Councilwoman Margaret Wille proved too much to digest Tuesday for County Council members.
The council Finance Committee postponed Bill 37, expanding the definition of family members for ethics purposes, changing how county contracts can be awarded to employees and how county facilities and employees’ time can be used for union-endorsed campaigning.
Wille’s bill encompasses some measures that Mayor Billy Kenoi had twice unsuccessfully tried (pretended to try) to get the council to pass (Remember, Kenoi owns the council. If he had wanted them to pass it, they would have. He wanted them to block it.) Kenoi had tried to ban county employees from also holding county contracts. Wille’s bill would require council approval in such circumstances.
Wille’s bill also tackles an issue the county Ethics Board dismissed. That one, responding to a resident’s complaint following a 2012 West Hawaii Today report, questioned whether public worker unions could require county employees to attend campaign events on county time at county facilities where the union’s slate of candidates presented their views.
read ... No Ethics
Oahu bag ban Kills Trees, Brings Thicker Plastic Bags
HNN: City officials said they sent out compliance forms to 9,200 businesses, but only about 4,000 replied. Roughly 30% of those who responded said the ban doesn't apply to their company or they're not going to offer bags. 10% are switching to compostable bags, but there is no composting facility in Hawaii. 30% plan to use recyclable paper bags, thus murdering trees. Another 30% are ordering thicker plastic bags (at least 2.25 mils) that are considered reusable (LOL! Bag ban makes for thicker bags.)
read ... Gear Up
Internet Billionaire Behind Solar City
BB: SolarCity joined with HECO to run the tests, with help from the U.S. National Renewable Energy Laboratory in Golden, Colorado. They found that high-traffic circuits could absorb twice as much solar energy as the utility thought. After asking solar installers to reprogram equipment that connected them to the grid, HECO lifted its ban on new hookups late last year. Gould flipped the switch and connected his new panels to the grid in January.
Rive, 38, says the experiment in Hawaii was a step forward for him and his brother Peter, 41, and their famous cousin, Elon Musk, who helped found SolarCity in 2006. The trio is on a quest to reduce the world’s dependence on fossil fuels—Musk with his Tesla electric cars, the Rive brothers by replacing coal- and natural gas-generated electric power with solar. What was groundbreaking in Hawaii was that regulators pressured HECO to join with SolarCity in redesigning the state’s electricity grid, moving solar to the mainstream of the industry, Peter Rive says. The Rives, like their cousin Musk, approach the fight against climate change as a moral crusade.
read ... Bloomberg
Solar Contractors: We Have Installed Hundreds More Fraudulent Solar Systems
SA: The Alliance for Solar Choice, a solar advocacy group, said HECO's April 2 report listing the number of customers waiting for rooftop solar approvals since at least October does not match industry numbers.
In the Monday letter, TASC said the total pending applications is much higher than the 206 applications HECO reported.
Four of the dozens of solar companies in Hawaii — Sunrun, SolarCity, RevoluSun and Alternate Energy — said they have more than 300 solar applications that have been waiting for approval since October.
"The actual number is likely even larger since the solar parties were unable to reach out to all of the island's major installers," the letter states.
The utility's report is accurate, said Darren Pai, HECO spokesman.
"We can confirm that our numbers are based on projects that have been approved through notification letters sent to customers and solar installers. Customer applications are time-stamped as they are received," Pai said. "The applications are then reviewed for completeness. There were 2,749 completed applications on high-penetration circuits submitted before Oct. 22, the date that our commitment to clear the backlog was based on. Of those, 206 applications remain."
Colin Yost, principal at RevoluSun, said he was surprised when HECO announced it cleared most of the backlog because his company, with 90 applications waiting approval, would represent almost half of the remaining systems HECO said are pending.
read ... Admission of Consumer Fraud
Kauai Soft on Crime Judge Lets Two Attempted Murderers off probation early
HNN: On Tuesday, Fifth Circuit Judge Kathleen N.A. Watanabe granted motions for early termination from probation to two separate convicts who had both initially been charged with attempted murder in the second degree, among other charges. Both individuals had served little more than half their five-year terms of probation.
read ... Crime pays
Vacation Rentals: Come Back in 30 Years and We'll Talk
KGI: “The county has never, ever done that before in its entire history to send out all of these letters to people telling them to cease and desist and then saying, ‘If you really want to make yourself legal, you need to come in and fill out an application,’” Chun told county Planning Commissioners. “They responded, they ceased and desist, they come and file an application, and then the county tells them, ‘Sorry, it’s too much for me to handle. You’ve got to wait 10, 15 or 30 years and we’ll get to you.’ The only response right now is, ‘Don’t worry. We’ll get to it later on.’”
The county sent out the notices after receiving pressure over the last two years to step up enforcement efforts on non-permitted violators.
Less than 100 of the notices, calling on accommodation operators to shut down their business within two weeks, have been sent out, County Planning Director Michael Dahilig said. A vast majority of the letters, he said, were sent out to non-permitted, single-family transient vacation rentals. Only 16 have been identified as homestays, which still require a use permit.
“We’re not going to stop investigations, and in particular, I think our focus is going to be shifting to those TVRs that we’ve shut down that are now trying to put on sheep’s clothing and turn into a bed and breakfast,” Dahilig said. “We are being a little more selective, at this point, in how we use our resources because of the need to provide due process of the law in a timely manner.”
read ... B&B blowback
Maui OPEB Audit Disputed
MN: Maui County's auditor and some Maui County Council members Tuesday called for an end to bickering over a recent audit showing the county did not earn $21 million in interest earnings and for moving on to learn from the experience.
Since being released April 2, Mayor Alan Arakawa's administration has attacked the independent audit of the Department of Finance's Treasury Division, calling it "flawed" and an attempt to mislead the council and the public into thinking the administration and the director of finance were at fault for losing the "speculative interest income." ...
Arakawa's administration continued to defend its position at a council Budget and Finance Committee meeting Tuesday, saying that it relied on credible information, including advice from then state Finance Director Kalbert Young, that the fund was not ready to accept contributions. The administration added that the county did not want to take "unnecessary risks with those monies."
Arakawa also has criticized Taguchi for not checking the "facts" before reporting them.
read ... Treasury audit disputed
State tax refunds delayed 10-14 Weeks by new fraud prevention procedures
KHON: The state Department of Taxation posted an update Tuesday, estimating the delay at approximately 10 to 14 weeks....
read ... Fraud
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