Full Text: Rep Hanohano Accused of Workplace Violence after Racist Tirade Aimed at State Workers
HTA: Visitor Arrivals Rise 5.9% from January 2012
HELCO RFP Seeks More Geothermal Power
Environmental Concerns "At Record Lows": Global Poll
Store owners say plastic bag ban causes more shoplifting
EPA Cites 188F Garbage: $1.1M Waimanalo Gulch Settlement Day After Lawsuit Filed
Sakai: Misconduct Investigation Underway After Latest Prisoner Escape
DoE Extends Deadline for School Quality Survey
Soda Tax Bill Fizzes Out
SA: Isle soda drinkers will not have to worry about paying a penalty this year to get their jolt of sugar.
State senators have chosen not to advance a soda fee of 1 cent per ounce that would have brought in about $37 million a year to counter obesity. The Abercrombie administration had hoped that the soda fee, as with higher taxes on tobacco, would discourage consumption.
"We decided that we won't be moving forward with the soda fee this year. Of course, it's always in play for next year," said Sen. David Ige (D, Pearl Harbor-Pearl City-Aiea), chairman of the Senate Ways and Means Committee. "In just talking with the members, we didn't believe that it would be prudent for us to implement that fee this year."
The soda fee had moved through the Senate Health Committee and the Senate Judiciary and Labor Committee but was not taken up by the Senate Ways and Means Committee in time to meet today's internal procedural deadline to have bills ready to cross between chambers next week. A bill for a soda fee in the House was not advanced.
The beverage industry opposed the soda fee as unfairly targeting sugar-sweetened drinks when factors such as diet and a lack of exercise also contribute to obesity. Many retailers also warned about the economic impact of a soda fee on business.
"We are pleased to hear that our state senators have used logic and common sense rather than an emotional argument to deal with the important issue of obesity," No Hawaii Beverage Tax, a coalition of business interests, said in a statement. "It is a complex problem that must be met with a strategic, long-term, multi-faceted approach, including good diet habits and exercise, rather than with a one-beam laser gun approach called a beverage tax.
"This tax would have hurt our economy in numerous ways, including many small businesses and individual consumers. We are grateful that the Senate recognizes we must all share in the responsibility for solving obesity, rather than targeting a single product."
read … People Saved from Harassment for One More Year
House Committee Moves Two Tax Cuts, ‘For Vehicle Purposes Only’
PR: The state House Finance Committee on Wednesday moved a bill that would end the income tax increases approved to help balance the state budget a few years ago sooner than scheduled. The higher tax rates would end at the close of 2014, instead of 2015.
But Rep. Sylvia Luke, the committee's chairwoman, also inserted tax relief for middle-class taxpayers, a suggestion House Speaker Joseph Souki had made during his opening day speech in January.
read … `Vehicle purposes only'
Hanabusa Proposes Special Funds Raid to Stop DoD Furloughs
Borreca: Hanabusa said that the federal government is now operating under a "continuing resolution" that locks 2013 spending at 2012 levels, including money for development and construction of weapons systems and research initiatives, what are referred to as ‘investment accounts,' many of which have excess funding."
Hanabusa's bill gives the DOD permission to take excess money out of those accounts and put it into accounts that can be used for "civilian staff salaries and permitted contracts."
read … Hawaii Style Accounting in DC
SB286: Malama Solomon Endorses Call to Count Every Person for Reapportionment
Republican state Sen. Sam Slom of Oahu is tackling the issue from the legislative side. He has introduced a bill to to require any “usual resident” counted in the last U.S. Census to be considered when drawing district lines.
That would include anyone who resides most of the time in the state, allowing more military personnel and out-of-state students to be counted.
Slom’s legislation, Senate Bill 286, passed out of the Senate’s Judiciary and Labor Committee on Wednesday….
The bill has gained an unlikely supporter
State Sen. Malama Solomon, D-North Hawaii, was one of the plaintiffs in the lawsuit that challenged the counting of nonpermanent residents by the Reapportionment Commission, responsible for drawing district lines.
But she said Thursday that said she is supporting the bill because she believes the Big Island’s population would justify the extra seat anyway.
It also wouldn’t have an impact until after the 2020 Census, Solomon said.
read … Lines in the sand
Mitsunaga Levels More Accusations House Committee Votes to Strip UH Procurement Power
SA: A House committee has revived a proposal to strip the University of Hawaii of procurement oversight of its construction projects as a prominent engineer has expanded on allegations that a top UH executive wasted potentially tens of millions of taxpayer dollars through blatant mismanagement.
The attorney general's office, meanwhile, has agreed to investigate the allegations, UH said Thursday.
The House Finance Committee earlier this week amended House Bill 114 to include a provision transferring compliance oversight of university construction projects and related professional service contracts to the State Procurement Office.
By a 16-1 vote, the panel advanced the bill to the full House, whose members must approve the measure for the Senate to consider it. A Senate committee killed a similar bill last month.
On Wednesday, two days after the Finance Committee approved the amended bill, Dennis Mitsunaga, a politically prominent Democratic fundraiser, wrote letters to the UH Board of Regents and UH-Hilo Chancellor Donald Straney, adding details to explosive written testimony he submitted last month to a Senate committee.
As in his Senate testimony, Mitsunaga directed his charges at Brian Minaai, UH's associate vice president for capital improvements, whom Mitsunaga accused of steering construction-related contracts to friends.
Mitsunaga's testimony alleging cronyism was extraordinary because he openly voiced what many contractors believe but say they are unwilling to express publicly, fearing retaliation. Such contractors work on UH projects or expect to bid for such work.
In his letter to the regents, Mitsunaga, whose firm, Mitsunaga and Associates, is working on a UH-Hilo dormitory project, said Minaai is "running amok" as a manager.
"He awards construction contracts without any independent verification of the proposed cost, uses very suspect procurement procedures (contrary to HRS 304D-104) and has wasted millions and possibly tens of millions of taxpayer dollars — much more than the loss on the Stevie Wonder Concert," Mitsunaga wrote….
In his letter to Straney, Mitsunaga said his company, which is the designer for the Hilo project now under construction, was directed by inspectors Minaai hired to allow the use of spray paint, even though that is prohibited by the project's contract specifications and UH policy.
Mitsunaga said his firm received an email last week from Albert C. Kobayashi Inc., the project contractor named by Minaai, indicating that spray paint would be used on the interior and exterior of the buildings, not the brush and roll methods specified in the contract.
His firm will again disapprove such a major change but to no effect because Minaai is "doing whatever he feels like doing," Mitsunaga wrote.
In the Straney letter and his Senate testimony, Mitsunaga alleged that Minaai allowed the contractor to make multiple changes to the Hilo project, downgrading the exterior structure, windows, electrical and plumbing fixtures and other materials, so that AC Kobayashi, as the company is known, can increase its profit margin.
AC Kobayashi has not responded to the allegations.
In his letter, Mitsunaga also noted that rainwater has infiltrated and soaked wood framing of the Hilo complex and that AC Kobayashi was supposed to document the moisture content before closing off the walls.
Yet Mitsunaga's company has yet to see any moisture reports, and hence there is no way to verify that the wood studs in the dormitory wings were sufficiently dried before the gypsum boards were installed, he added. Installing gypsum board on damp studs can create mold and mildew and cause paint to peel, Mitsunaga wrote….
Background: Mitsunaga Names Names, Slams UH for Favoritism Towards Kobayashi, UH Promises an Investigation of Mitsunaga’s Allegations
read … Pot, Kettle, Black
Honolulu Liquor administrator won't resign after admitting 47 ethical violations
HNN: Greg Nishioka said he is not resigning as administrator of the Honolulu Liquor Commission even though he gave up his 28-year legal career as an attorney and admitted to nearly 50 ethics violations in his law practice.
The commission placed him on administrative leave with pay late Thursday to investigate the ethics case….
He oversees a $4 million annual budget and staff of about 50 people who regulate liquor sales at roughly 1,400 Oahu bars, nightclubs, restaurants and other establishments.
According to a filing by the Office of Disciplinary Counsel, the organization that investigates misconduct by lawyers, Nishioka resigned as a lawyer instead of facing discipline and admitted to 47 ethical violations earlier this year.
Nishioka confessed to "commingling and misappropriating client funds" and "falsely communicating the nature of his practice through the use of a misleading name for his (law) firm," where he worked before taking the city job.
He also admitted to "failing to respond to the ODC's lawful demands for information during the resulting investigations" and "engaging in deceitful conduct," according to an order with the state Supreme Court filed Feb. 11.
By resigning as a lawyer, Nishioka avoided public disclosure of the details of the cases against him, which will remain secret.
Nishioka declined an on-camera interview Thursday but told Hawaii News Now the complaints came from four clients of his former law practice….
Even though this order was filed on Feb. 11, Nishioka did not tell his boss, Liquor Commission Chairman Mike Yamaguchi, about his admitted ethical lapses until Hawaii News Now notified Yamaguchi about them late this morning.
Nishioka also did not tell Mayor Kirk Caldwell or members of his administration about his ethical admissions, Caldwell's spokesman said.
Sources said Nishioka did not tell his co-workers at the commission about his ethics problems either. They found out when a Hawaii News Now reporter began calling the offices first thing Thursday morning, sources said. Liquor Commission employees were issued a memo later in the day telling them not to speak to reporters about the issue, sources said….
In another case, records show Bank of Hawaii sued Nishioka's law firm, Nishioka and Fujioka, for defaulting on a $65,000 line of credit, the Honolulu Star-Advertiser reported in March 2011, the same month he became liquor administrator….
The previous liquor administrator, Dewey Kim, resigned from the commission after employees filed hostile workplace complaints against him.
The administrator before Kim, Wally Weatherwax, had civil service protection and fought efforts to replace him after most of the commission's inspectors were indicted for taking bribes.
Weatherwax’ Wife is Kate Stanley: Top Abercrombie Advisor Tied to Honolulu Liquor Commission Boss forced out by FBI Investigation
read … Liquor administrator won't resign after admitting 47 ethical violations
PPPA/PLDC Hearing Friday
SA: The internal maneuvering in the state Senate over the creation of a new Public-Private Partnership Authority may come into public view at a hearing on Friday morning.
The bill, sponsored by Sen. Donovan Dela Cruz, would establish a new authority but test the concept on a mainstream redevelopment project in Wahiawa and a potential film production studio on Maui. The bill would also rescue the stadium authority special fund, which is at risk because it was attached to the law creating the Public Land Development Corp. which lawmakers are moving to repeal.
Critics have complained that the Public-Private Partnership Authority is too close to the PLDC in concept, even though it would not have the same land use exemptions.
…committees have scheduled a joint hearing for Friday to decide whether to move Dela Cruz's bill.
read … Twisted
Full House to consider measure on prompt Labor Board rulings
SA: House Bill 151, which had been stalled for several weeks, next heads for a full House floor vote.
It's a watered-down version of a Senate bill the Hawaii State Teachers Association had been pushing. That measure, which is dead, would have set a 30-day window for the Labor Board to act. If not, complaints would by default be resolved in favor of the complainant, under that proposal.
The latest version does not specify a number of days. It also does not include the provision for cases to be decided in favor of a complainant absent a ruling.
The House bill had at one time included a 90-day time frame, but the labor board said it could not support the measure, citing concerns about its small staff and a growing backlog of cases.
read … HSTA Pleased
Bill on public financing of campaigns advances in Hawaii Senate
SA: The Hawaii state Senate Committee on Ways and Means has approved a measure aimed at increasing the number of candidates who receive public funding for Big Island elections.
The committee voted today to advance the bill to equalize the amount of money each candidate receives under Hawaii County's public financing pilot program.
Sen. Russell Ruderman from the Big Island says the current formula for calculating public funding led to some rural areas receiving tens of thousands of dollars and others nothing at all. The formula is based on amounts spent by candidates in previous elections, which can vary greatly depending on the level of competition in each race.
He told The Associated Press that the disparity in dollars awarded has been the main criticism of the program.
He hopes that by correcting the discrepancy, the program can attract more participants and become a model for public funding of elections in other counties.
"There should be some accountability for money spent to influence public elections," Ruderman said. He said that several years ago a Hawaii County Council candidate (Guy Enriques) received $90,000 from off-island sources pissed-off local residents and successfully unseated a Green Party candidate backed by local drug dealers trying to develop oceanfront property. (This whole public funding exercise is designed to prevent enviros from ever losing an election no matter how corrupt they get.)
read … Public Financing
House Finance Committee Hearing Violates 24-Hr Notice Rule
DN: An agenda with eight bills was posted by email at 12:44 for a hearing at 2 p.m. today.
Who cares? Well, you might. One bill (HB1257) expands the state excise tax. Does it affect you? Well, too late. The bill was heard and passed and you didn’t know about it.
If you’d like to see the hearing notice, even though it’s over, it’s here. Don’t forget to submit testimony 24 hours in advance (i.e., yesterday)
read … House Finance
Common Cause Focuses on Three Bills
SA: …three House bills her good-government nonprofit is following: House Bill 1147, for more transparency by political action committees; HB 1132, for more prompt disclosure of politicians' financial interests; and HB 321, for same-day voter registration….
read … Carmille Lim
No Prison Time: Pflueger, State Attorney, Nearing Ka Loko Manslaughter Plea-Bargain?
HR: …state attorney general and James Pflueger’s attorneys are finalizing a plea deal that would allow the 86-year-old automobile dealer to have his company take the brunt of charges filed against him over the breach of his Ka Loko Dam.
Attorneys for both sides are scheduled to meet March 14, exactly seven years to the day that Pflueger’s 30-acre Ka Loko Dam breached, killing seven people and causing millions of dollars in property damage….
Anne Lopez, spokesperson for the attorney general, said: “We have been in negotiations, but we cannot discuss the details.”
Pflueger is also facing criminal charges in U.S. District Court for tax evasion. His nearly two-week trial before U.S. District Judge Leslie Kobayashi just concluded and her ruling on two counts is expected March 22.
Pflueger, who was indicted in 2010, is accused of using the dealership, which he sold to his son Charles Alan Pflueger in 2001, to pay personal expenses…. (And it sounds like he will continue to use the dealership to pay for Ka Loko under the plea-bargain.)
If Pflueger does change his plea on March 14, he would learn his fate on the tax fraud case just eight days later.
Those familiar with the case expect Pflueger would request no prison time, citing health and age issues.
read … Pflueger, State Attorney, Nearing Final Agreement on Charges Brought Against Him for Deaths Caused by the Ka Loko Dam Breach
Should Police Misconduct Be Public?
CB: Eighteen years ago former Hawaii Gov. Ben Cayetano let bad cops off the hook when he allowed county police officers who got in trouble to remain anonymous.
Back then he said he was torn by his decision. But now he says granting that secrecy was a mistake.
His trust in the system of checks and balances has eroded over the past two decades….
read … Should Police Misconduct Be Public?
Witnesses recount school abuse of Disabled Children
KHON: parents of six former students have come forward with charges that their children were victimized by a teacher and an educational aide. Two lawsuits have been filed and a third is expected soon.
The witnesses said they first complained to Kipapa's Principal Corrine Yogi in 2010 after watching an eight-year-old autistic child being held down by the neck for more than ten minutes. But they said Yogi did little to investigate the matter.
"She was in pain. She was crying. They were like going against her will. She wants to get up but they were holding her down," said one of the witnesses.
The pair said another student was tied to her chair and forced to watch television for hours while staffers placed a pin on the nose of a third student after she began to act up.
Another child was often forced fed until she vomited, they said. That student -- who had trouble eating food at school -- was forced to throw up in her shirt and in some instances was required to eat food she spit up or food that had been placed in the garbage, they said….
In court papers, state Deputy Attorney General Carter Siu accused the women of lying….
read … Witnesses recount school abuse
State plan aims to turn Wahiawa into agricultural hub
HNN: Three months after buying the vast, 1,723-acre Galbraith Estate lands in central Oahu, the state is ready to turn the area into an agricultural hub by inviting Hawaii farmers to come work the land..
The prices are yet to be worked out, but any farmers who invest in the land would get access to packing and processing facilities and a stable water source in nearby Lake Wilson.
Also, the thousands of workers who would be hired would live at Whitmore Village. (They’ve got your whole life planned for you.)
Dela Cruz says the state would use the funds generated from the plan to acquire more land. Organizers hope to have the proposal up and running in about 18 months.
read … State plan aims to turn Wahiawa into agricultural hub
Schatz Joins Lawmakers at Inouye memorial pledging support for Israel
JTA: A bipartisan array of U.S. lawmakers at a memorial for Sen. Daniel Inouye pledged continued support of Israel's anti-missile defense system.
Ten senators and at least seven members of the U.S. House of Representatives paid tribute in speeches on Wednesday to Inouye, a Hawaii Democrat who championed funding for Israel through his decades in the Senate. Inouye died in December.
Among those addressing the event in the Russell Senate Building were Sen. Jim Inhofe (R-Okla.), the ranking member on the Senate Armed Services Committee; Rep. Ed Royce (R-Calif.), the chairman of the House Foreign Relations Committee, and that committee's ranking Democrat, Rep. Eliot Engel (D-N.Y.); and Sen. Brian Schatz (D-Hawaii), named to replace Inouye by Hawaii Gov. Neil Abercrombie.
They also each committed to sustaining funding for the Iron Dome anti-missile system, which Israel said repelled upward of 80 percent of the rockets launched into the country during Israel's Gaza Strip war with Hamas last November.
JTA: Brian Schatz’s first pro-Israel shot
read … Lawmakers at Inouye memorial pledge Iron Dome support
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