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Friday, April 11, 2025
April 11, 2025 News Read
By Andrew Walden @ 2:52 PM :: 1409 Views

Kauai, Maui zoning changes would help farmers, food trucks

Pay Hike Mania: How Salary Commission conspired to push ‘market leader’ pay raises

MN: … The Maui County Salary Commission voted unanimously, 5-0, last month in favor of double-digit percentage salary pay hikes aimed at attracting and retaining top (rewarding lack of) talent to (found in Maui’s) elected and appointed executive and legislative branch seats held by public officials.

The pay raises go into effect July 1 and range from a high of $325,104 and $292,594 per year, respectively for Managing Director and Deputy Managing Director, to $106,367 and $101,302, for Council Chair and Council Member, respectively. The mayor’s pay will rise to $211,119 (after not noticing that Lahaina burned to the ground).

A list of the pay hikes is in a March 28 letter from acting commission Chair Grant Nakama. The raises are on top of 5% increases that went into effect July 1, 2024.

Detailed draft minutes now available from the commission’s March 28 meeting show commission members voting in favor were Nakama, Tambara Garrick, Lois Prey, Gerri Lewis and Andrew Ho. (Commission members who were absent from the meeting were Lindsay Ball, William Curtis Jr., Edwin Misaki and Uvette Josette Sakamoto.)

Their vote was to adopt a 75th percentile recommendation from the “classification and compensation report” carried out by consultant MGT.

According to the MGT study: The percentiles indicate where salaries or salary ranges fall in comparison to the other salaries from the comparable communities. The 50th percentile is the median, or middle, of the data set. For Maui County public officials, the commission opted to go with the 75th percentile, designated as a “market leader.” This is 25% higher than the middle amount paid to public officials in comparable communities….

(TRANSLATION: We should pay 25% above average for officials who are 100% below average.)

Those pay raises did not include the Maui County Clerk or directors of the Department of Agriculture and East Maui Water Authority. Those two latter positions are on the commission’s agenda for a meeting beginning at 9 a.m. Friday, April 11, at the Department of Planning Conference Room at the Kalana Pakui Building, 250 S. High St., in Wailuku. Also on the agenda is approval of the March 28 draft meeting minutes.

The agenda is available here. It includes instructions for in-person or online public testimony. Comments are limited to three minutes on any agenda item….

read … Salary Commission minutes detail decision-making for ‘market leader’ pay raises

Department of Justice May Intervene Against Honolulu ‘Big Oil’ Lawsuit

AP, April 10, 2025: … Trump has declared a “ national energy emergency " and ordered his attorney general to take action against states that may be illegally overreaching their authority in how they regulate energy development….

He said the attorney general should focus on state laws targeting climate change, a broad order that unmistakably puts liberal states in the crosshairs of Trump’s Department of Justice.

Michael Gerrard, director of the Columbia University’s Sabin Center for Climate Change Law, said it would be an “extraordinarily bold move” for the federal government to go to court to try to overturn a state climate law.

Gerrard said the quickest path for Trump’s Department of Justice is to try to join ongoing lawsuits where courts are deciding whether states or cities are exceeding their authority by trying to force the fossil fuel industry to pay for the cost of damages from climate change.….

Those lawsuits include ones filed by Honolulu, Hawaii, and dozens of cities and states seeking billions of dollars in damages from things like wildfires, (Godzilla,) rising sea levels, (the Loch Ness Monster,) and severe storms (and Bigfoot).

In the last three months, the U.S. Supreme Court has declined to get involved in a couple climate-themed lawsuits.

One was brought by oil and gas companies asking it to block Honolulu’s lawsuit. ….

LINK: Protecting American Energy From State Overreach – The White House

read … Trump's new energy order puts states' climate laws in the crosshairs of the Department of Justice | AP News

Kauaʻi Businesses Fear 'Breaking Point' With Latest Young Bros Rate Hike

CB: … Kaua‘i businesses are bracing for another huge rate hike in shipping goods from island to island just four years after Young Brothers won a 46% emergency rate increase.

Now, the freight service company wants state regulators to approve a 27% hike on cargo transportation fees.

With Young Brothers’ request pending approval by the Public Utilities Commission, local businesses say this could bring them to a point where “soon it’s not going to be workable,” as Aloun Farms President Alec Sou put it.  “It’s coming to a breaking point,” he said….

read … Kauaʻi Businesses Fear 'Breaking Point' With Interisland Shipping Rate Hike - Honolulu Civil Beat

Cruise Industry: TAT on Cruise Ships is Unconstitutional

HNN: … Attorneys for the cruise industry have sent a letter to the attorney general and lawmakers that says if they put new (hotel) taxes on cruise lines, they are going to face a lawsuit.

(CLUE: Cruise ships are not hotels and cannot be made subject to the TAT.)

The letter said: “We ask that you advise the Governor of these issues and take action to avoid costly and time-consuming litigation that will be forced upon the State and our clients should either of these proposals become law.”

Daniel Farkas, Norwegian Cruise Line executive vice president and general counsel, says maritime law, contained in the U.S. Constitution, prohibits taxes beyond what it costs to provide space and services in the harbor.

“It’s simply unconstitutional. It’s black and white,” Farkas said. “It has to do with uniformity as to when a vessel pulls into port. It’s simply so that everyone is treated equally.”…

House Tourism Committee Chair Rep. Adrian Tam says right now cruise ships actually are being treated better than other tourist facilities….

(TRANSLATION: Tam admits he is an idiot.)

“The Supreme Court also made a very clear that we cannot give preferential treatment,” Tam said. “All we’re asking for them is to pay their fair share. It should be a no-brainer. They are benefiting from Hawaii’s natural beauty.”

(TRANSLATION: Tam admits he is an idiot.)

The final decision of how much more to tax tourists will be made in negotiations between the House and Senate in conference committee….

Farkas says at some point, the billion-dollar industry could sail away.  “It picks up and moves. It’s got propellers, it’s got rudders, and we can move it wherever we want,” he said….

(TIP FOR LAWYERS: Go to Federal Court or you will lose.)

CF: Cruise Passengers Could See Fees Double Under New Hawaii Tax Plan

read … Cruise industry fights back against proposed taxes

Hawaii EV owners to be soaked by new road charges starting July

KHON: … Under a measure that passed in 2023, starting July 1, drivers can choose from the following:

  • Pay 0.8 cent per mile
  • Opt for a $50 fee

By 2028, the choice will go away and all EV drivers will be required to pay based on mileage — $8 per 1,000 miles — with a maximum of $50 a year paid at the time of your car inspection….

public hearing on the new road usage charge rule is scheduled for May 13.

read … Hawaii EV owners to face new road charges starting July

HB371 heads to secretive Conference Committee: Would Ban Campaign Contributions from State Contractors

CB: … Lawmakers are working to outlaw political donations from people who win government contracts.

But key supporters of the legislation still need to come to an agreement on critical points including how contractors and nonprofit organizations will have to report who their officers and close family members are and whether that information will be kept secret from the public.

House Bill 371 would ban donations from state and county contractors, their officers and immediate family members. Those bans would also apply to officers of nonprofits receiving state and county grants.

The bill is one of the most significant political reform measures under consideration in the Legislature this year and is seen as an important step to helping rein in pay-to-play politics in Hawaiʻi. A Civil Beat/New York Times investigation last year found that donations from contractors accounted for nearly 20% of all campaign contributions since 2006….

Hawaiʻi’s total ban on donations from state and county contractors would be one of the most restrictive in the nation. That raised concern in public hearings that expansion of the donations ban could violate an individual’s First Amendment rights to political speech.

The state Attorney General’s Office hasn’t yet weighed in on the bill.

In 2010, the 2nd U.S. Circuit Court of Appeals upheld provisions of Connecticut’s law that banned donations from spouses and children of government contracts. 

While the court said that it is unlikely children and spouses would themselves donate to influence the outcome of a contract, the state’s corruption scandals demonstrated that “contractors are willing to resort to varied forms of misconduct to secure contracts with the state.”

Striking down those provisions could “invite the very circumvention that the General Assembly was trying to prevent,” the court wrote in its opinion on the case.

The 9th U.S. Circuit Court of Appeals cited that Connecticut opinion when it upheld Hawaiʻi’s current ban on donations from businesses that have contracts with the government in 2015…. 

read … Hawaiʻi Lawmakers Appear Poised To Crack Down On Pay-To-Play Politics

As Always, Film industry wheedles for higher tax incentives

HPR: … Hawaiʻi issued an estimated $24.5 million in film tax credits in 2024, according to a report to the state Legislature that looked at figures from last year.

The money will go to 28 productions that were filmed in Hawaiʻi last year, including, but not limited to, the live-action "Lilo & Stitch," "Temptation Island," "The Bachelorette," "Chief of War," and "The White Lotus."

However, those productions only generated about $20 million in tax revenue.

The report comes as film productions have decreased across the U.S. in the last two years due to screenwriter strikes and the rise of streaming services (because they are mostly preachy wokester crap that nobody wants to watch) ….

Film experts say the film and television industry can help boost local economies. States are also competing with each other, and other countries, to attract more film productions.

The state's film tax credit program is designed to draw motion picture productions to Hawaiʻi by offering a tax refund of 22% on Oʻahu and 27% on neighboring islands for productions to make television programs, movies and commercials.

But it's not as competitive as other states that have tax credits of 30% or more, according to Georja Skinner, chief officer of the state Department of Business, Economic Development and Tourism's Creative Industries Division….

REALITY: Miske Mob Were All Union Drivers on Set of Hawaii 5-0

read … Film industry says cameras won't keep rolling in Hawaiʻi without higher tax incentives

Pandering to HSTA, Senators Reject BoE Nominees without DoE Experience

CB: … When Michael Magaoay stood before the Senate Education Committee last week, the former lawmaker and engineer tried unsuccessfully to convince senators that he was equipped to oversee Hawaiʻi’s public school system despite having little educational expertise. 

During the tense hourlong hearing, the Board of Education nominee explained how he wanted to improve the education department’s management of its construction projects, citing his experience in engineering and in leading the boards of large organizations such as Catholic Charities Hawaiʻi. 

But many senators remained skeptical of Magaoay’s qualifications as he struggled to answer questions about school facilities and admitted to having done little research on the public school system before the hearing. The committee made the rare decision to defer its vote on Magaoay’s confirmation.

(TRANSLATION: HSTA wants only BoE members who are complicit in operating the DoE system.)

On Thursday afternoon, Gov. Josh Green withdrew Magaoay’s nomination …

read … Senators Question Qualifications Of Governor's Picks For Education Board  - Honolulu Civil Beat

Hawaii DoE Anticipates Little Effect from Elimination of US Dept. of Education

KITV: … This school year, 2024/2025, there are more than 165,000 students in Hawaii public schools, from kindergarten through 12th grade. Now, the operating budget for the DOE is more than $2.1 billion. Of that 11% comes from the Federal Reserve, that's about $240 million annually coming out of Washington.

Superintendent Hayashi spoke about the outlook for next year:

“Congress passed a continuing resolution to fund the federal government through September 30 of this year that will maintain our grant program funding at 2024 levels for Title 1 special education and Impact Aid. Because of the way federal funds the federal fiscal year runs, this funding will be allocated to hawaii doe for our use for next school year."

Hayashi said the DOE put out a memo on March 13th urging state complexes and school level leaders to "exercise fiscal prudence in planned spending."

The two big things that rely on federal funding are Title 1, which is support for serving high numbers of students from economically challenged households and special education.

At the federal level, assurances have been given that that funding will continue….

read … Hawaii DOE Superintendent addresses changes amid Trump’s DOE dismantle | News | kitv.com

After Sitting Empty for Three Years, apartments will soon be home to Oahu’s most vulnerable

HNN: … After construction on the $17.2 million facility wrapped up in 2022, the apartments sat empty for more than three years due to red tape created by the way the Caldwell administration chose to pay for the project.

Back then, money was pooled together from multiple sources, like the City’s general fund, federal funding and bond money. Officials said it’s those bonds and the rules associated with them that have long prevented people from moving in.

That wasn’t the only problem.

“There were a lot of plumbing issues. There was flooding downstairs. We believe it was because it was vacant for a very long time,” Dickson said.

On top of that, because plans for who’d be housed in the apartments changed from low-income renters to low-income renters diagnosed with mental illness, contractors had to be hired to renovate the never-been-lived-in units to add special safety features.

The DOH says all total plumbing repairs and renovations cost an additional $284,000….

According to the Department of Health, those 27 units will be permanent housing for people who’ve been diagnosed with a serious mental illness but are stable enough to live on their own….

read … Empty apartments will soon be home to Oahu’s most vulnerable

Camp Leaders Move Themselves Into Houseless Village in Wai‘anae

HB: … Pia Bear is one of six overseers that Borge appointed before she died. Each of those overseers represents a different section of the village; Bear represents Section 1 at both the harbor and Mauka.

She is among the 18 residents of Pu‘uhonua o Wai‘anae who now live at Mauka. The handful of container homes they’re in now are temporary. As construction of more permanent homes is completed, more residents will move into the valley.

Bear moved up to Mauka a year ago but says she still visits the harbor village “almost every day. I have a sister who’s still there. I have a niece still there, and a great-nephew and a lot of friends.”

When I asked how the villagers are making decisions without Borge leading them, Bear says, “She already had it set in place. She had six overseers, and then she had her captains in each section, and then she had her co-captains in each section, and we just kept it the same way she had.

“So with the six overseers, they pretty much come together and make the final decision on the harbor. We vote, and as long as we get four votes, it’ll pass. And then up here, it’s just basically the people living here now that make decisions for Mauka.” …

read … This Houseless Village in Wai‘anae Keeps Twinkle’s Vision Alive - Hawaii Business Magazine

In effort to release more meth dealers onto streets, ACLU seeks required recording of police interrogations

SA: … The case involves the unrecorded interrogation of Zuffante at a police station after he was arrested at a Kona traffic stop for possessing crystal methamphetamine in his pocket and vehicle.

According to the ACLU, the two officers who conducted the traffic stop were equipped with body-­worn cameras and recorded the interaction. But when Zuffante was brought back to a police station, another officer interrogated him and did not record the session or take notes, ACLU said.

At Zuffante’s trial a year later, the officer testified that the defendant had voluntarily waived his Miranda rights and confessed to selling crystal methamphetamine.

As a result, a jury found Zuffante guilty of attempted promotion of a dangerous drug in the first degree, and the Circuit Court sentenced him to 20 years in prison….

read … ACLU seeks required recording of police interrogations | Honolulu Star-Advertiser

Case sides with Republicans on bill requiring proof of citizenship

HNN: … The U.S. House passed a bill Thursday mandating proof of citizenship to vote in federal elections.

Acceptable documents would be a valid U.S. passport and a government-issued photo ID alongside a certified birth certificate.

U.S. Rep. Ed Case, D-Hawaii, along with three other Democrats joined Republicans to support the measure.

The Safeguard American Voter Eligibility Act, known as the SAVE Act, now heads to the Senate….

CS: House passes bill requiring proof of citizenship to register to vote | National | thecentersquare.com

CB: Hawaiʻi Rep. Ed Case Angers Democrats Over 'Proof Of Citizenship' Vote

FLASHBACK: Ed Case's 2006 "felony" vote: Greens vs. Illegals

read … Hawaii Democrat sides with Republicans on bill requiring proof of citizenship

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