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Tuesday, March 26, 2013
March 26, 2013 News Read
By Andrew Walden @ 4:09 PM :: 4639 Views
NKorea Threatens Attacks on Guam, Hawaii, US Mainland

Hawaii Congressional Delegation: How They Voted March 25, 2013

Hawaii Jihadi Convicted, Could Get 21 Years

Request Hearings for Jones Act Reform Resolutions

Rally Against Marijuana Decriminalization

Wednesday is Tax and Budget Day at Ways and Means

PR: (With the tentative HSTA contract in hand) Sen. Ige has set Wednesday as the day WAM will decide on the Senate's draft of the two-year state budget.

WAM will also take up the House's tax relief vehicle and several other bills with a financial component.

CB: Late Testimony Spurs Senate Money Committee to Defer Bills

read … WAM

Is HSTA Contract Enough for Abercrombie to Buy Reelection?

Borreca: Abercrombie hurt his ardent labor support by imposing the management- written labor rules on the HSTA membership, which set a new precedent in state and labor relationships. If there is a strongly contested Democratic primary, labor will have a lot to think about.

Next up for negotiations is the Hawaii Government Employees Association, with more than 40,000 members.

The HGEA is not a fan of Abercrombie and is likely to wait for U.S. Rep. Colleen Hanabusa to decide if she will run for governor before picking a campaign to support. The blue-collar United Public Workers union usually backs the Democrat in the race, but if there are two, it might be a tough choice.

Much of Abercrombie's union support depends on two things: the results of the ongoing negotiations with the other public unions, especially the HGEA, and the perception of Abercrombie as either a labor friend or foe.

If the other unions are able to get more from the state, and the HSTA contract is seen as the floor and not the ceiling for public workers, then the teachers will feel burned. If Abercrombie holds firm to the HSTA parameters, then the HGEA will have to either go to binding arbitration or figure out ways to improve the deal with side issues.

In 2011, Abercrombie surprised everyone by giving HGEA a "most favored nation clause" that guaranteed that if other unions got a better deal, HGEA would also get the better deal.

So far Abercrombie's luck has held with strong revenue projections, meaning he is likely to have a lot of state money to toss to the unions.

Then if the unions have a choice, if Hanabusa enters the race, Abercrombie's decades of union loyalty come into question after his bruising two-year battle with the teachers.

Style points will count and a new contract may not be enough to deliver the union.

read … Teacher goodwill over pact may not win governor votes

HSTA Contract Proposal Sets off Budget Avalanche

CB: If the HSTA contract is approved, it will cost the state some $43 million in fiscal year 2014 and roughly $73 million the following year, according to state Finance Director Kalbert Young.

The raises included in HSTA’s tentative contract agreement mirror the award an arbitration panel gave the United Public Workers’ Unit 10 in January.

Lawmakers are slated to vote Wednesday on House Bill 833, which would fund 3.2 percent pay raises for 2,700 health and correctional employees. But it only applies to the last six months of the union’s current contract, which ends June 30.

The UPW pay raises will cost the state $8 million, officials said, but there’s an effort to essentially recoup half of that by cutting their health benefits.

Senate Bill 1057 would force Unit 10 members to pay for half of their health care premiums. They currently only pay 40 percent and the state pays the rest.

Young said a 50-50 split would generate roughly $4 million in savings and be in line with agreements the state has with other unions. But UPW Director Dayton Nakanelua said in his testimony that the state can’t retroactively reduce the contribution ratio because it would break their agreement….

The state was unable to reach an agreement for the current two-year contract with the Hawaii Government Employees Association’s Unit 9, which represents some 1,500 registered nurses. Arbitration proceedings were held in November and a decision is expected in March.

Lawmakers are advancing House Bill 832 as the vehicle to handle paying for this eventual settlement. But they won’t be able to plug in any numbers for pay raises or other costs this year until the award is made — and only if it comes before legislative deadlines.

The 5 percent pay restoration amounts to roughly $80 million over the entire year, Ige said….

House Finance Chair Sylvia Luke said Monday that the tentative agreement with HSTA will be a precedent for negotiations with other bargaining units.

She said giving all the unions 3 percent pay raises would cost roughly $100 million a year. And increasing health benefits from a 50-50 split to 60-40 split would cost the state $45 million annually for all the unions.

Fire fighters, who as a 3,100-member union comprise Unit 11, could be the next settlement. They enter arbitration in March. Hawaii Fire Fighters Association President Robert Lee said the union hopes to have an award from the arbitration panel shortly ….

Luke said the tentative agreement between the state and HSTA is a “substantial amount” higher than what the administration and Legislature anticipated.

“In the end, we are going to be looking at this and how we balance the budget in light of a very good tentative agreement with HSTA,” she said.

Luke said there are no significant revenue bills, such as increasing the general excise tax, moving forward this session so it will come down to a balancing of priorities.

Some big initiatives have been proposed, such as a publicly funded early education system that’s not included in the House budget….

Lawmakers have a vehicle bill for each bargaining unit in case an agreement is reached before session ends, but this rarely happens.

SA: Union to drop HLRB complaint if teachers OK new pact

Background: HSTA, DoE Announce $333M Tentative Agreement--Contract Vote April 17

read … Budgeting Blind: Pending Union Negotiations Leave Blanks on Balance Sheet

$333M: How the state will pay for the teachers’ contract

HNN: The price tag is $333 million. To help pay for it the state will tap into money from revenue proposals and expenditure reductions before the legislature, like removing the sunset on the hotel room tax to make the current rate permanent.

"The difference of two percent in the TAT equals to about $100 million a year to the state," Young said.

He said $20 million a year could come from moderating the state's tax credit on photovoltaic systems, and the Council on Revenues increase in its recent forecast should make more money available.

"That translated to about $79 million in more anticipated revenue in this year, followed by about $115 million in more revenue for the next fiscal year, then $150 million dollars in the third year," he said.

read … How to Pay $333M

60-40 Healthcare Deal May be Biggest Ticket Item 

SA: There's also the restoration of the 40-percent share of the medical insurance premiums that the members had paid before the administration of Gov. Neil Abercrombie, two years ago, bumped up the employee portion to 50 percent.

This element, which may turn out to be the biggest ticket item of all, should raise concerns among the more fiscally conservative taxpayers and elected officials. If the same deal gets extended to other unions — and it's hard to see how it wouldn't — lawmakers and administration leaders may be hard-pressed to find the money for it.

For their part, the teachers will enable the development of new job evaluations based at least in part on student performance, provided that they have a place at the table when the policies are drafted….

While the teachers talk, the people wearing the green eyeshades in the state Capitol had better sharpen their pencils and find a way to ratchet back benefit liabilities for the future. In an era of rising health care costs, the price tag on contract deals is going to go up markedly across the board, and the well of taxpayer resources and patience is running very low.

Jan 4, 2011: $126M Giveaway: Abercrombie quietly boosts spending on Public Employees’ Insurance

read … HSTA, state must learn from errors

Task Force Teacher Praises Educator Effectiveness System

SA: The Department of Education's Educator Effectiveness System is a new teacher evaluation model based upon recommendations from teachers and other education leaders.

The EES was implemented at Noelani Elementary School (highly educated population base around UHM) at the start of this school year. I appreciate the multiple measures that the system considers, and the focus on the classroom environment we create for our children and the learning opportunities and discussions we provide. I also appreciate the way the EES celebrates student growth rather than a set test score.

Most of all, the EES encourages teams of teachers to collaborate and support one another and their students through the Student Learning Objectives component. It also fosters healthy, productive communication between principals and teachers.

Nationwide, this is a critical time for education and educators. The bar continues to be raised for our children, and the call for "effective teachers in every classroom" has never been stronger. Many of us agree that there needs to be a system in place that ensures effective teaching in our schools.

read … DOE's Educator Effectiveness System will improve teaching

Doubling Number of inmates on furlough – Plan is Expected to bring more escapes

HNN:  A state Public Safety official told Hawaii News Now Monday that the public should expect more prison inmates to walk away from their work furlough programs since the program has more than doubled in recent months. 

Police arrested inmate Leslie Dabis, 38, Friday night, after he was accused of assaulting and kidnapping his ex-girlfriend in Kapolei and assaulting the man she was with earlier that day. 

Less than six months away from possible parole, Dabis had walked away from a prison work furlough program on Jan. 14. 

Otani said prisons officials didn't consider Dabis dangerous, because he was in prison for dealing drugs, auto theft and driving without a license, but no violent offense. 

About 216 male inmates are enrolled in work furlough programs on Oahu, and in the last fiscal year, just seven of them or about three percent "walked away" or "escaped" for a significant period of time, prisons officials said. 

The number of Oahu inmates in furlough programs has doubled since November to alleviate prison overcrowding, Otani said. 

read … Justice Reinvestment

Soft on Crime: Alleged Molokai Shooter Had Multiple Convictions

SA: Higa said the bail increase was based on Lavoie’s criminal record, which includes domestic abuse as well as felony convictions for robbery and burglary. In addition, Higa said the increase was based on Lavoie’s arrest for alleged abuse of a household member involving Kahalewai four days before her death.

“Given all those factors, we felt that his dangerousness was at a level that warranted an increase in bail,” Higa said.

On March 16, Lavoie approached Kahalewai while she was in a car and allegedly elbowed her in her head, according to Higa. After he posted bail, police issued him a warning citation to stay away from her. The citation expired March 18.

read … Justice Reinvestment

State Senators Want Gay Marriage Impact Study

CB: The resolutions — Senate Resolution 123 and Senate Concurrent Resolution 166 — passed Senate Judiciary and Labor and now await a hearing in Ways and Means.

The resolutions (which are identical; a concurrent resolution requires adoption by both chambers) are opposed by some gay rights activists who say the resolutions are just a stalling tactic because Hawaii lawmakers elected not to hear gay marriage bills this year.

They are also opposed by some religious groups that say the task force appears predisposed to recommend gay marriage, something their faith forbids.

But Gabbard, a Catholic inspired by Hindu teachings (his daughter is the first Hindu American to serve in the U.S. Congress) and a former Republican who is now a Democrat, accepted Judiciary and Labor Chairman Clayton Hee's request for him to co-sponsor SR 123 and SCR 166.

He said he did so because he wanted to break through the "contentious, divisive" arguments surrounding gay marriage.  (Translation: Chris Butler Cult Prepares to Sell Out?)

"I want this to be fair," Gabbard said of the task force study, which would be conducted by the University of Hawaii law school.

Related: To Stop Mufi, Mrs Abercrombie Joins the Chris Butler Cult

SA: Same-sex marriage study gets initial approval

read … Pros, Antis Don’t

Caldwell Admin to draft plan for homelessness by May Day

SA: Community Services Director Pamela Witty-Oakland and Jun Yang, Caldwell's executive director on housing, made the promise to members of the City Council Public Safety and Human Services Committees at a meeting on Monday.

Yang said preliminary discussions with Witty-Oakland's staff and nonprofit groups have focused on placing homeless people directly into traditional housing such as apartments, instead of shelters, before tackling issues such as mental and physical health, substance abuse, education or employment.

The approach, called "scattered-site Housing First," was made popular by the not-for-profit group Pathways to Housing.

The city hopes to include the University of Hawaii John A. Burns School of Medicine and other community agencies and groups in its discussions, Yang said.

The discussion was held in response to Resolution 13-55, introduced by three Council members who want the administration to come up with a comprehensive plan to address homelessness by May 1.

read … Cabinet duo vow to draft plan for homelessness by May Day

Ethics: Should UH Administrators, Regents Get Free UH Athletic Tickets?

News Release: University of Hawaii Athletic Event Ticket Policies Applicable to the Board of Regents; the President, Vice Presidents, and Associate Vice Presidents; and the University of Hawaii at Manoa Office of the Chancellor Consideration of whether these policies are consistent with the State Ethics Code.

read … Ethics?

Money speaks loudly for Lobbyist Duo

ILind: If money talks in politics, then the lobbyist team of John Radcliffe and George “Red” Morris can certainly be heard loud and clear in the halls of the State Capitol.

I’ve just started looking at patterns of campaign contributions by lobbyists, and the two principals in Capitol Consultants of Hawaii, LLP stand out from the pack.

Here’s the result of my first quick attempt to follow the money.

The following figures are for calendar year 2012, and do not cover the full 2011-2012 election cycle. They also do not include contributions to federal candidates, parties, or PACs.

During 2012, reports filed with the State Campaign Spending Commission show Radcliffe contributed $57,750 to state and county candidates in Hawaii, while Morris added another $50,300.

CB: Rep. Jordan Holds Fundraiser During Session 

read … Money Talks

AG: Enviros Rule Over Hawaii County Voters

HTH: The state Department of Land and Natural Resources is asking a federal judge to overturn a Hawaii County ordinance banning aerial hunting, at least when it’s conducted by the state or its contractors.

At issue is a 2012 county ordinance passed after overwhelming community support for banning the practice of shooting animals from helicopters or airplanes. State law also bans aerial hunting.

But the state attorney general, objecting to the county ordinance on behalf of DLNR, says federal orders in 1979 and 1987 and a stipulated agreement between the state and environmentalists in 1998 preempt the county law.

Those orders gave the court jurisdiction over critical palila habitat on Mauna Kea….

The motion and the county’s response is scheduled to be heard April 8 by Judge J. Michael Seabright, said county Corporation Counsel Lincoln Ashida.

Ashida, in his response to the motion, notes the stipulated agreement also required the state to “implement a program of public involvement.” That, Ashida said, has never happened.

“After ignoring the concerns of the individuals most directly affected by aerial hunting, the state now attempts to scold the County Council for enacting an ordinance which urges the state to do what it was required to do for the last 15 years, i.e. consider the public in its decisionmaking and actions,” Ashida said in the county’s response filed Monday….

Tony Sylvester, chairman of the Hawaii County Game Commission, worries that a federal court could, at the state’s request, expand the area where the state is allowed aerial hunting beyond the palila habitat on Mauna Kea. He said there’s little the commission can do to stop the aerial eradication on Mauna Kea, but he can’t sit idly by, especially if there’s a chance the aerial eradication would be expanded.

“It’s sitting in a federal court, and we don’t have any say,” Sylvester said. “But that doesn’t mean they can start shooting anywhere. We’re going to defend tooth and nail against that.”

read … Envirosovereigns

New Maui Budget Proposal Full of Tax Hikes, Rate Increases

MN: Arakawa is proposing a $573.6 million budget, which is up by 4.3 percent over fiscal 2013's budget approved by the council. Of that amount, $482.2 million is for operations and $91.4 million for capital improvement projects….

To pay for the various projects and to balance the budget, Arakawa is seeking to "slightly" increase Real Property Taxes, but said he is not seeking a tax rate increase for those in the homeowner classification as those in that category saw a significant increase last fiscal year.

He also reiterated his proposal to increase water rates by 5.2 percent as he noted during his State of the County address earlier this year. The additional funds are needed to properly maintain the county's water system infrastructure.

Tipping fees at county landfills in Arakawa's budget will also increase from $61 per ton to $75 per ton, which will reduce the amount of general fund subsidies to the Department of Environmental Management to cover actual costs.

Arakawa said the Department of Planning is also proposing a new rate structure as discussed with the Council's Planning Committee. The proposal will help recoup up to 30 percent of the cost of issuing planning permits.

The Maui County Council has until June 10 to pass its version of the budget or the mayor's proposed budget will take effect on July 1.

MN: Meetings planned on Maui Co budget

read … Mayor unveils $573.6 million budget

Potholes: Caldwell Administration Debates WAPNFFS

HNN: Some accuse the city of cutting corners on materials and cost. City administrators say that's not the case….

The Facebook page WAPNFFS Activists, which stands for "We Already Paid Now Friggin' Fix Stuff", has been critical of government bureaucracy. It accuses the government of taxing citizens, yet failing to fix the problems. Amy Brown, an Associate Professor with the University of Hawaii John A. Burns School of Medicine, has an essay posted on the page complaining the city is using substandard materials and is only installing a two inch layer of asphalt.

The city denies using that little asphalt, even on residential streets.

"It wouldn't be that depth for any city street we would construct," said Sasamura. "Depth can vary. Typically you would expect to see anywhere from six inches plus or minus of asphalt."

He adds the base below the asphalt is usually 8 to 10 inches in depth.

Amy Brown has her doubts. She measures potholes around town and says just by looking at a pothole you can tell the asphalt is often less than two inches.

"I'm using a measuring stick to see how thick the asphalt is because every pothole is an indication of how well the road was covered," said Amy Brown, Ph.D., while standing near a pothole on Kapahulu Avenue. "You can look at any pothole and that particular one shows asphalt covering of an inch and a half. That's totally against regulations. That's nothing but covering up the road to make it look good until the next election."

"There may be two inches of asphalt that have been eroded away or broken away, but if there is asphalt below that that is telling you the road has been overlaid or resurfaced several times and that's why there are two inches of asphalt over an older asphalt road below it," said Sasamura.

DN: Honolulu throwing money as well as cold asphalt into pothole repairs

read … City defends road paving practices

Bus riders welcome route's comeback

KITV: As part of Mayor Kirk Caldwell's plan to bring back bus service that was lost under former Mayor Peter Carlisle, the No. 14 bus was partially restored on March 23. Service to St. Louis and Maunalani Heights was increased to every 40 minutes during peak hours, while weekday and weekend off-peak service added areas around Diamond Head….

However, the frequency of buses along the popular route continues to be an issue with some riders. Barbra Armentrout of St. Louis Heights says people in her neighborhood are still having a difficult time getting back home when they visit the Kahala Mall area.

"They've made the last bus going up to St. Louis Heights earlier," Armentrout told KITV4. "It used to go up at ten till 10, (and) these people aren't going to be able to get up the hill. These are the things that got to be adjusted still." ….  

Another six city bus routes are scheduled to be restored, or partially restored in May. Harimoto said the Council will continue to examine the situation as the city budget makes its way through the Transportation Committee….

SA: Several discontinued bus routes on road again

read … The Bus

Former parks deputy to pay $2K in ethics case

KITV: The Honolulu Ethics Commission says it found that Albert Tufono, former Deputy Director, City Department of Parks and Recreation, used his official city
position to obtain preferential treatment from parks employees.

Tufono, who retired from the city in February 2013, admitted his misconduct and agreed to pay a $2,000 civil fine.

Tufono sent at least 10 email requests over a one-year period in 2011 and 2012 to Parks recreation directors for permits assigning and scheduling gyms and ball fields at city parks to sports teams and leagues he coached, teams his sons played on, and a hula halau in which his daughter was a student.

He was successful in obtaining the fields and gyms in most cases.  In one email, Tufono bypassed the Parks' chain of command and asked a park maintenance employee, who was a personal friend, to dump dirt for a baseball diamond that his son would soon be playing on.

read … Former parks deputy to pay $2K in ethics case

Resolution calls for ocean-safety videos on flights

KGI: A Senate Concurrent Resolution introduced March 13 is requesting the Hawai‘i Tourism Authority work with airline companies to show ocean-safety videos on all Hawai‘i-bound flights.

While the idea is not new, Kaua‘i Visitors Bureau Executive Director Sue Kanoho said the resolution is “a move in the right direction.”

“I’m not sure how they are going to do it, but we support the message,” she said. “We tried to do that in the past and it’s been a difficult nut to crack.”

Senate Vice President Ron Kouchi was among those who introduced SCR 143, which was referred March 19 to two Senate committees — Tourism and Hawaiian Affairs and Transportation and International Affairs.

Kouchi said beach-safety videos were previously shown on Hawaiian Airlines flights and that the resolution would provide “an opportunity to reach (visitors) before they get here.”….

The resolution specifically mentions Kaua‘i, where waters have claimed the lives of 10 individuals — seven of them visitors — so far this year. In 2012, Kaua‘i recorded four drownings, two ocean and two freshwater.

read … Resolution calls for ocean-safety videos on flights

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