May 13, 2011 News Read > Hawaii Free Press

Hawaii Daily News Read

Friday, May 13, 2011

May 13, 2011 News Read
By Andrew Walden @ 12:47 PM :: 10314 Views

Obamacare: HMSA announces statewide scheme to cut costs

Honolulu Cellphone Ban: You can Walk the walk, but don’t talk the talk

Hui files federal lawsuit to stop rail plans

Plaintiffs accuse the city of violating federal environmental, historic preservation and transportation laws in preparing the EIS and accuses the U.S. Transportation Department of violating the laws for approving the project.

Gov. Neil Abercrombie approved the EIS as one of his first official acts when he took office in December.

The FTA issued a "record of decision" the following month, an indication that the project meets all the requirements of the environmental review process and which is a step in granting it federal funding.

Federal transportation laws require the transportation secretary to cooperate and consult with other federal agencies and states in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of lands crossed by transportation activities or facilities. The laws allow the secretary to approve projects that require the use of lands of national, state or local historic significance only if there is no prudent and feasible alternative to using that land and the program or project includes all possible planning to minimize harm to the historic site. The suit claims the rail project will adversely affect at least 32 historic sites, including the Chinatown Historic District, the Pearl Harbor National Historic Landmark and Aloha Tower.

Council member wants 'Plan B' to raise taxes, raid Bus funds in case rail funding is short

Challenging assumptions that the general excise tax surcharge and federal funds would be adequate to support the $5.3 billion rail transit system, City Council members pressed the city administration on proposed backup plans to pay for the system without tapping general fund money.

Options include extending the surcharge through September 2023 or recouping some of the money kept by the state for administering the tax surcharge. Both of those options would require an act by the state Legislature, which Councilman Romy Cachola suggested would be a "tough sell."

"Practically, you can throw it out the window," he said.

Other alternatives would be to arrange lease financing for rail vehicles, pursue partnerships with the private sector or tap federal funds set aside for transportation planning that typically go to support TheBus.

The Rev. Bob Nakata, a community organizer for social safety-net groups, urged Council members to (raise taxes like he always does) ~~maintain bus funding and avoid a situation of "raiding Peter to pay Paul~~."

Rail transit rolls forward with stops for questions

Q: How much would it cost to ride the rail? Will it be affordable? Will there be discounts for students and seniors?

A: I still get asked this one a lot, so it bears repeating.

Nobody really knows exactly how much it will cost to ride the rail system. Those prices will be set by the Honolulu Authority for Rapid Transportation, a 10-member board that takes over the city’s Rapid Transit Division this July.

The idea is to have the prices and functionality mirror how TheBus system operates. Bus transfers should work, and there will likely be special fares for students, riders with disabilities and seniors.

Q: Is federal funding for Honolulu’s rail reduced or eliminated now that Congress eliminated financing for high-speed rail this year?

A: Nope. Honolulu’s rail project will be funded through a completely different funding source, the Federal Transit Administration’s New Starts Project Planning and Development program, which funds new transit projects.

Abercrombie: Put Multi-Member Districts on ballot for 2012

Abercrombie now wants more than a shot; he told delegates that they should support a ballot question in 2012 asking voters whether they want to return to multimember districts.

Abercrombie's own old 6th Senate District was an odd political creation. In 1978 he and the late Anson Chong were Democratic senators, but because the district stretched down to Waikiki and also into the more affluent areas of Makiki, there were two Republicans, John Carroll and Wadsworth Yee.

Carroll then lost his 1980 election and went on with then-GOP attorney David Ezra, who is now a federal judge, to sue and overturn the multimember district scheme, which was part of the 1981 redistricting plan.

He still complains that the unions supported only one candidate in the 1980 race, former Sen. Clifford Uwaine, who would later be found guilty in an unrelated voter fraud case. But back then, Uwaine and also Abercrombie benefited from "plunking," which means voting for just one candidate in a multimember district. The effect of plunking is to give extra weight to your one candidate, rather than diluting your vote by voting for several candidates….

Former state Sen. Fred Rohlfing, in his autobiography "Island Son," called Carroll's lawsuit "a Republican death wish granted."

He explained that even as a Republican winning in GOP areas of East Honolulu, he could still get votes in Democratic strongholds of Palolo and Kapahulu. With the Democrats rarely fielding more than one or two strong vote-getters in the multimember district, Rohlfing would add to his strong GOP base and usually come out on top.

"This single-member plan is the worst thing for the state's minority GOP," Rohlfing wrote.

(End-run around reapportionment?)

Shapiro: Senatorial Pique forces Special Session

According to news reports, Senate President Shan Tsutsui choked up as he thanked senators for backing a leadership decision to cut off conference committees at exactly the 6 p.m. deadline on their final day instead of letting them go on until midnight, as is customary.

As a result, the Legislature didn’t fund legal settlements the state agreed to, bringing a stern lecture from a federal judge, or pony up for security for the APEC conference we avidly courted. The UH medical school was cut off from tobacco funds and the pay bill for legislators, administrators and judges was botched.

There seems a growing certainly that a special session will be needed to clean up the mess, which makes you wonder about all the self-congratulation among senators….

Some who follow the Legislature more closely than I do say it was mostly a display of senatorial pique at the House and Gov. Neil Abercrombie over some budget decisions senators didn’t like.

Say, Oshiro Best in Hawaii House at Passing Own Bills

lawmakers in top House leadership positions — and not committee chairs — had greater success in getting the bills they sponsored to pass, according to Civil Beat's analysis of the more than 3,000 bills introduced in the 2011 session.

Speaker Calvin Say and Majority Leader Blake Oshiro led the pack, with seven bills each making it to the governor's desk.

Oshiro had the highest "batting average" of all representatives: His seven were out of 33 bills introduced, giving him a 21.2 percent success rate.

In terms of Say supporters versus dissident Democrats who unsuccessfully tried to elect a new speaker, Say and his bloc of 24 members had 56 of their 770 bills passed, or 7.3 percent.

Sylvia Luke and 16 other dissidents had 26 of their 465 bills passed, or 5.6 percent.

That's a far cry from what Civil Beat reported on March 18, at the halfway point of the Legislature. At that time Say supporters led dissidents in terms of bill that crossed over into the Senate, 23 percent to 14 percent.

Impact of New Retirement Rules: Smaller Pensions

When new retirement rules kick in next summer, state and county employees will have to work four extra years to earn a similar pension they would get under current rules.

Those hired after June 30, 2012 will have to work longer to earn retirement benefits, chip in more toward their plans and receive smaller pensions compared to existing employees under the changes proposed to the Hawaii Employees' Retirement System in House Bill 1038.

The bill, which awaits Gov. Neil Abercrombie's approval, is expected to save the state $440 million over the first five years. The changes initially would have been effective for those hired after this June, but the retirement system's administrator told lawmakers it needed time to prepare new materials and update its computer system.

PBN: ‘Frustrated’ Abercrombie is good CEO because he uses Twitter, and gave an excuse for not releasing Judicial nominees

In the private sector, a good chief executive creates a vision for his or her company and makes sure employees and customers understand it. Abercrombie did that early on with his New Day for Hawaii plan. That plan is still in place despite the Legislature’s actions and lack of action. Sifting through the bills that came out of this session, it’s hard to tell whether our legislators have a plan, let alone a vision.

The best CEOs are good communicators. Abercrombie has always been a master of the “stump” speech, but he also is using social media to talk directly to his constituents, something his pal, Barack Obama, has used successfully.

Top executives explain their reasons for taking unpopular positions. Abercrombie has done that with his decision not to reveal the names of finalists for judgeships. You may disagree with him, but at least you know where he stands.

Civil Beat Shares Hawaii Legislative Agency Salaries

The directors of the four agencies earn an average salary of about $113,000.

Nobody on staff in any of the four agencies earn so little as to be eligible for food stamps. Eligibility for federal food assistance for a single person caps out at $24,936, and the lowest paid position among the four agencies is $34,560.

Efficiency? Cost Cutting? Hawaii's largest health insurer will raise its premiums by 3.7% in July

But the article is all about how much the State Insurance Div saved consumers. Check these whoppers out:

“The department estimates the decrease will result in about a $3 million savings to small businesses.”

"It's a significant drop in the rate increase from 2010," Ito said. "The division hopes this will provide much-needed relief to small businesses."

Crisis? $4.5M for new Judiciary Building

The state Legislature has appropriated $4.5 million to buy land for a new judiciary complex in Kona on the Big Island.

The state departments of Accounting and General Services and Judiciary are in the process of selecting a site for the complex from among six locations. An environmental impact statement on the sites is expected to be completed by spring 2012, and Hawaii Supreme Court Chief Justice Mark Recktenwald will be responsible for choosing the new location

Fear of being politically incorrect strangles UH Athletics

The way this affects our sports world today is that girls and women have a lot more chances to compete in athletics than they did prior to the law commonly known as Title IX. And just about all of us agree that this is largely positive.

But there's a sad and ironic side effect that some grumble about, mostly under our breath for fear of being labeled unsupportive of female sports. It's a politically incorrect stance, because despite the law, women and girls are sometimes still afforded second-class status despite Title IX. (Brainwashing is very effective.)

It's also undeniable that in many cases compliance with the law combined with budget limits leads to cutbacks to existing men's programs like baseball, wrestling and track and field — sometimes to the point of dropping these sports to club status or eliminating them.

UH men's track and field was axed as an intercollegiate sport in the mid-'70s. The way things are now there's no way it can return. Even Herman Frazier, an Olympic sprinter, realized that when he was athletic director; he wanted a men's track revival, but realized it impossible to do and still be in compliance with Title IX.

Aulani to hire 800 "cast members" to fill "roles"

Disney recruiters will be at the WorkForce 2011 Job & Career Fair Wednesday at Blaisdell Center to meet with prospective employees. Those interested in applying for jobs are asked to fill out an application online at www.aulani.jobs.

Disney refers to its employees as "cast members," and the jobs they fill as "roles."

Filling a role: Todd Apo and KoOlina: Ethics Violation kept secret since 2007

Update: Nordstrom will pursue theft charges against HPD deputy chief's son

Hawaii News Now raised questions Thursday, after it learned that the suspect was released at the scene after allegedly trying to steal $800 worth of merchandise. Multiple police sources told Hawaii News Now that Nordstrom decided to withdraw its complaint after the suspect revealed who his father was.

After initially deferring to the Honolulu Police Department, Nordstrom officials now say it will pursue charges. The company denies withdrawing the complaint.

Other officers wondered if there was preferential treatment given to the suspect after he reportedly identified himself as the son of Deputy Police Chief Delbert Tatsuyama, the second-highest ranking officer at HPD. The other officers expressed frustration, saying the criminal case was being swept under the rug….

When contacted by Hawaii News Now, an HPD spokesperson initially said she looked for but could not find any information about officers being sent to Nordstrom Wednesday night. When pressed, the department released the following written statement:

"Honolulu police responded and initiated a theft case. No arrest was made at the scene. The investigation is currently ongoing," Capt. Andrew Lum, Honolulu Police Department, said.

The dollar amount in the alleged shoplifting makes it a second-degree theft case. The offense is a class C felony punishable by up to five years in prison.

HNN: Sex Predators Among Us

The Hawaii sex offender registry currently maintains the names and addresses of more than 3,000 convicted sex offenders with crimes ranging from exposure and fondling, to Internet luring of minors, child molestation and rape.

Convicted sex offenders are required to register with the Hawaii Criminal Justice Data Center. They have three days to update any changes to their address or information.

Nearly 500 sex offenders are currently listed as "non-compliant" with either their mail or in person verification.

Another nearly 200 never registered at all. They're found under the "absconded" search.

The website can be a useful tool you can run the names of coaches, teachers, family members, even Facebook friends and neighbors.

Also: Hawaii's sex offenders Part 2: Predator behavior

Ignore: Child molester back at work at Hawaii Legislature

Why Trial Lawyers Love Enviros, OHA—and fear Mainland

The large real estate deals that were plentiful just five years ago have since been replaced by more transactional work, debt restructuring and litigation.

recession-related work doesn’t often yield higher billings, so firms have to rely on case volume. Translation: More work for less or equal revenue.

Increasingly, the major players in the large purchase, sale, loan and leasing transactions in Hawaii come from the Mainland and are represented largely by Mainland lawyers, said Cuyler Shaw, managing partner at Ashford & Wriston.

“The Internet gives Mainland lawyers the same ready access to Hawaii law as Hawaii lawyers have,” he said. “The big players used to be from Hawaii and the cozy, sometimes exclusive, relationships that many local law firms enjoyed with them have largely disappeared. I doubt that Hawaii’s business-oriented law firms have grown much since the collapse of the Japanese investment bubble in the early ‘90s — say in the last 20 years.”

Psychos, race baiters duke it out on Hawaii County Council

Ford, through attorney Michael Matsukawa, contended she was exercising due diligence as a County Council member to thoroughly vet nominees forwarded to the council by the mayor. She also, said Matsukawa, as a public official, enjoyed First Amendment-protected speech rights when she made comments about Lee's qualifications for the commission.

Lee, however, said he was "humiliated" when Ford singled him out during the confirmation hearing of a slate of five commission nominees. The Ethics Board watched a videotape of the council meeting, which showed Ford asking Lee to come to the witness table alone and for the camera to zoom in on him and that Lee's confirmation be voted on separately instead of within a slate of candidates.

"I considered it a personal attack on me. It was a humiliating experience ... a witch hunt, coming after me for nothing," Lee said. "I don't have an issue with free speech ... I have a problem being called up for a volunteer board and being called in public someone who is incapable of recognizing the truth." ….

The story behind Ford's reasoning finally came out during the ethics hearing. At issue was a transportation conference in Waikoloa the month before, where Lee, whom Ford said she didn't know at the time, three times came to her table asking why she had voted against a Puna Community Development Plan amendment that favored his employer.

"The first time, he said, 'Why do you hate Hawaiians?' in a very hostile manner," Ford said. "He assumed it was based on a racial issue, but it was not. ... He was angry and very loud."

Ford said she twice asked Lee to go away and leave her alone and when he came back the third time, bearing a lei, she refused to accept it.

Luddites, Anti-Superferry protesters prepare to defeat Hydro Power on Kauai

In an unprecedented action Tuesday, Kaua‘i Island Utility Cooperative certified a petition calling for a member meeting and vote on a board-approved agreement with hydroelectric developer Free Flow Power.

“We submitted somewhere between 300 and 350 member signatures,” said petitioner Adam Asquith. “People are really motivated about the issues. Initially, there were 10 people who hustled up 20 signatures each. Then when the article came out in the paper, the signatures flooded in. It shows that KIUC members want and need to be involved.” ….

Asquith, a Wailua River taro farmer, has said that he is not against hydroelectric power on Kaua‘i. He is against the Federal Energy Regulatory Commission process utilized by Free Flow to secure six island waterways for hydro development. His concern is that the federal agency’s rules for water flow will supersede more stringent state water code rules that protect environmental and stakeholder interests.

“Prior to the FERC bomb detonating, I had been advocating for hydro,” Asquith said. “But the FERC thing drew me off. Now, we are going to be able to have a discussion about it with community members, who gave the (petition) a nod and pushed it over it the top.” (Always with the excuse, eh?)

A Grandmother Speaks Against Wind Farm

I see this as a failure with our government when they didn’t envision what it would be like to overbuild massively. On Oahu the buildings are literally climbing up the mountains. And now they are facing an energy crisis. I know we surrendered our coconut trees to beautify Oahu, they also took our golden sand, and now they want to peg those ugly turbines to mar our majestic Molokai from her natural beauty! Generosity should work both ways…in this case Molokai gets a minus.

Political Correctness Tours to begin in Honolulu

San Francisco-based Global Exchange is promoting a new Reality (sic) Tour — a program usually associated with Third World destinations such as Afghanistan, Guatemala or Vietnam — to Hawaii, one that promises to ~~uncover~~ cause all sorts of trouble in paradise.

Loss of indigenous sovereignty? Check. Militarization? Check. Cultural and environmental degradation? Well, you get the picture. But do you really need to join a tour group to discover those pressing concerns — which Global Exchange says are "rarely mentioned by the media, the travel industry or the local government" — or to have meaningful encounters with island residents working to reverse or mitigate them?

Since the first Reality Tour doesn't debut until Dec. 16-23, 2011, it may be a little premature as well as uncharitable to answer those questions with "uncheck." But I can note tour highlights as described in the Global Exchange press release, with my suggestions for do-it-yourselfers (and think-for-yourselfers) in the interim.

Last bale of Hawaiian Waste trash disposed of

Honolulu Mayor Peter Carlisle says a company with botched plans to ship Oahu trash to the mainland has delivered its last bale of garbage to the city.

The final 11 tons from Hawaiian Waste Systems went to the city’s H-POWER plant, which generates electricity by burning trash, on Tuesday.

The company had a contract to ship Honolulu trash to a landfill in Washington state near an Indian reservation. But legal hurdles and a protest by the Yakima Indian Nation blocked the plan.

Honolulu Mulls Phone Ban for Pedestrians

However, HPD Police Maj. Kurt Kendro told the council the bill looked "overbroad" and that applying the mobile phone ban to pedestrians would be like comparing apples to oranges.

"If you're just holding a laptop computer or cellular phone or any other device that meets the definition you'd be in violation of this law while you're crossing the street, even if you're not actively using it," Kendro said.

Those opposed of the bill is an infringement on their personal rights, arguing that it's not pedestrians distracted on the phones that are the problem, but rather texters and phone users behind the wheel.

Hawaii's newest public school fills fast

Students and staff moved into the $67 million facility in January and the campus is being hailed as state of the art.

"There's like Ipads, Macbooks, anything that any kid could want, it's in this school to help them with their learning and stuff," said 7th Grader Daylin Kuboyama.

"We have glee club, we have robotics, we have all kinds of science fairs, science olympiads, math clubs, we have everything here," said Principal Edward Oshiro.

The school also takes green to a whole new level. It's the only public school in Hawaii to qualify as a Silver LEED facility. And built in one of the fastest growing communities on Oahu, it's no surprise that it will reach its capacity of 750 7th and 8th graders by next year.

(Socialism: Plenty of money for capital improvement, nothing for operations or maintenance.)

Regulators lift consent order against Central Pacific

Central Pacific Bank said the regulatory consent order placed upon it 17 months ago to improve its capital ratio and other segments of its operations has been terminated.

In place of the order, parent Central Pacific Financial Corp. said today the bank has entered into an informal memorandum of understanding with its regulators: the Federal Deposit Insurance Corp. and the Hawaii Division of Financial Institutions.

Omidyar won’t say how long he will pay for Civil Beat

A year after launching a subscription-based online news service focused on public affairs in Hawaii, Pierre Omidyar won’t say how long he will continue to fund Honolulu Civil Beat.

But the billionaire founder of eBay is bullish on its future and is investing in the privately held company’s growth even while acknowledging that it eventually must become a “community-based, self-sustaining” business. (It never will.)

Omidyar also declined to reveal how many people have subscribed to the site, which launched on May 4, 2010, with a subscription price of $19.99 per month.

Nor will he say how much he has invested in the venture that employs 14 people