Hawaii 2nd-Worst Tax System for Small Business

HSTA Convention Urges Ratification: Contract Vote Today

Campaign 2014: Youthful Hawaii GOP Takes Aim at Legislature, Congress

SB 1171 – Phased Archeological Inventory Surveys

Hawaii Dems to sue over open primary voting system

SA: Hawaii Democrats intend to file a lawsuit challenging the state's open primary system, arguing that the process undermines the party's ability to select nominees for political office.

Voters are now free to choose which party ballot to pull during primary elections regardless of their party registration. Since Demo­crats dominate Hawaii politics, most voters — including a significant number of Republicans — often vote in Demo­cratic primaries because they are usually the most competitive.

Several Democratic Party activists have prodded the party for several years to file a lawsuit against the open primary system, but the idea was quashed after objections from U.S. Sen. Daniel Ino­uye, who died in December, and other prominent Demo­crats and their allies in labor.

Tony Gill, an attorney who resigned Tuesday as chairman of the Oahu Demo­crats, said he would take the case on behalf of the party. The suit, which is still being drafted, would likely be filed against the state Office of Elections.

Hawaii had a closed primary system from 1968 to 1978, when voters, after a state Constitutional Convention, agreed to convert to open primaries.

"The primary election is a nomination procedure, not an election. It is a party nomination taken over by the state for various historical reasons," said Gill, who resigned his party post to avoid any conflict and to free up time to work on the case.

The U.S. Supreme Court has ruled that states must consider the First Amendment right of association when regulating how primaries are conducted.

Gill said the Demo­crats' lawsuit would be "an attempt to apply First Amendment associational law to the current situation."

Inouye and other top Demo­crats had warned that a lawsuit challenging the open primary system might undercut the party's message of inclusiveness. The issue has caused tension between party activists who want candidates to adhere more closely to the party's platform and elected Demo­crats who have to appeal to a broader constituency....

Nacia Blom, executive director of the Hawaii Republican Party, said Republicans are not interested in joining the Demo­crats in the lawsuit, "because I believe in a demo­cratic process," she said.

RELATED:

• Hawaii Republicans challenge state's open primary system
• Hawaii Democrats debate closed primary (backgrounder)

read ... Freedom of Association

Stanford Carr Salivates over 'Community based' Plan to Develop School Lands

SA: ...careful consideration must be given to the proposals on the table as lawmakers meet in conference committee to refine plans for the proposed program.

Many supporters of this legislation — including the governor, state Department of Education, Hawaii Institute for Public Affairs and Pacific Resource Partnership — believe a community-based policy and planning approach is essential to its success.

Consider the planning, community input and work needed to develop community-centered 21st century schools:

» A project site or sites must be identified;

» Procurement requirements must be met;

» A thorough environmental review must be completed;

» Most important, an extensive community outreach and participation process must be planned and implemented.

None of these steps can or should be taken hastily. All stakeholders should have the opportunity to participate efficiently and effectively in order to complete the necessary steps required by government regulations and procedures. And, in some cases, certain steps in the process may take longer than initially planned.

To have a realistic chance of success, any project would need at least five years to complete the necessary planning process. A three-year pilot program does not provide enough time to serve as "proof of concept." I encourage our legislators to consider this as they shape the policy that will benefit our public schools system.

Let's do this right. Let's create a policy that is feasible and ensures appropriate planning time.

Related:

read ... Hey, I've Made Lots of Contributions

Strategy to rebuild special education unveiled

SA: Two years after a state report raised a host of organizational and systemic issues with the delivery of special-education services at Hawaii public schools, the Department of Education says it has a blueprint to revamp the program that serves 19,700 students with disabilities....

Following an in-depth assessment of the DOE's special-education services in 2011, a new report by nonprofit education research firm WestEd recommends the department redesign three parts of its special-education program:

» Organization and infrastructure: Improvements to the overall system and structure of the department.

» Allocation of resources: Alignment of resources to ensure system effectiveness and accountability for results.

» Service provision and student performance outcomes: Build capacity to meet legal requirements and move to a focus on instruction and student performance.

The DOE still needs to come up recommended policies, processes and tools to implement the redesign over the next two school years. Nozoe said the overhaul aligns with the department's updated strategic plan, which involves ensuring that students are college- and career-ready.

LINK: DoE SPED Plan

read ... Sped Plan?

Frontrunning Council, Caldwell will reject pay raise till union contracts are inked

SA: Honolulu Mayor Kirk Caldwell said he'll personally forgo a raise proposed by the city Salary Commission and will hold off on pay raises for his department heads until contracts are reached with union employees.

The commission Tuesday gave final approval to a salary plan that gives a 4 percent pay raise to the mayor, the City Council and most department heads.

The exceptions are the police chief and deputy chiefs, who are recommended to receive 5.5 percent increases; the medical examiner, who would get a 25 percent raise; the deputy medical examiner, who would get a 55 percent raise; and the Royal Hawaiian Band leader, who would get only a 2 percent raise.

The commission's recommendation would bump Caldwell's pay to $141,888, each Council member's pay to $54,552 and the pay of most department heads to $126,768. The police chief's pay would go to $151,632, and the medical examiner would receive $250,008.

The plan now goes to the Council, which can approve or reject each recommendation but cannot tinker with the numbers. Council members interviewed earlier by the Star-Advertiser either were noncommittal or said they are inclined to reject the raises.  (Thus Caldwell is engaged in cheap talk to score political points.)

read ... Empty Symbolism

Soft on Crime: Killer Gets Sentence Halved from 20 years, Could be out in 2016

SA: In 2008, Schnabel was sentenced to 20 years in prison after a state jury found him guilty of manslaughter. The parole board told him he would have to serve 18 years behind bars before he would be eligible for parole. The Hawaii Supreme Court overturned the manslaughter conviction last year because of improper statements the prosecutor made to the jurors in the trial's closing arguments and because the trial judge allowed the prosecutor to pre­sent evidence from Schna­bel's juvenile criminal record....

Reuther arrived in Hawaii on April 22, 2007, for an orientation at UH the following day. That night he went to Zablan Beach Park in Nana­kuli, where he planned to camp.

A man who was camping there with friends said in trial testimony that Reuther looked out of place as soon as he pulled into the parking lot in his rental car, a red Ford Mustang convertible. The man said he and his friends advised Reuther to stay close to their tent because they regarded parts of the beach park dangerous.

Reuther went back to the parking lot where he encountered Schna­bel, who, after striking a threatening pose for Reuther's camera, told him to leave. Reuther was packing his belongings in his car when Schna­bel punched him on the side of the head. Reuther died two days later.

read ... Soft on Crime

Eighteen months, probation for two men in continuous sexual assault of 4 year old girl

MN: A Kahului man is serving an 18-month jail term for sexually assaulting a girl who also reported being sexually molested by his father over a five-year period....

Police said the sexual assaults on the girl began in 2004, when she was 4 years old and continued until 2009.

In one incident, the girl said Kukona-Pacheco threatened to punch her if she told anyone what he did, Mountcastle said. Another time, the girl said Kukona-Pacheco grabbed her arm when she tried to run away, Mountcastle said.

She said the plea agreement was made at the girl's request to spare her from "further trauma, humiliation and embarrassment" if the case had gone to trial.

Although Kukona-Pacheco's confession to police confirmed incidents described by the girl, some letters from family members and friends indicated that Kukona-Pacheco hadn't told them what happened, Mountcastle said.

"It appears he's convinced everyone around him of his innocence," she said. "He's managed to manipulate so many of his family and friends into believing he has done nothing wrong.

"What is even more disturbing is the defendant seems to have access to so many children in his life."

Noting that about half of the 22 letters to the court said Kukona-Pacheco was innocent, the judge asked the defendant if he was taking the blame for someone else....

He also acknowledged that he knew his father was sexually assaulting the girl at about the same time and that other family members knew what his father was doing.

"And no one did anything to stop this - those who were aware of what was going on in that house - is that right?" Bissen asked....

His father, Stanley Pacheco, 63, was sentenced last year to 18 months in jail and five years' probation after pleading no contest to two reduced counts of second-degree sexual assault, two reduced counts of attempted second-degree sexual assault and third-degree sexual assault.

read ... Soft on Crime

OHA Cronies Plan Appeal of Telescope Decision

RNZ: Some native Hawaiians plan to appeal against the U.S. state’s plan to allow the world’s biggest telescope to be built on the summit of Hawaii’s tallest volcano.

Pua Case is one of six petitioners from the island of Hawaii, who have been opposed to the 1.5 billion US dollar project on Mauna Kea....

Opponents have until early May to file an appeal with the state’s Land and Natural Resources Board.

HTH: Hurdles remain for giant telescope

read ... Not Enough Payoff

Accreditation Threat Used to Push UH Hilo Pharmacy Funding

HNN: The college, founded in 2006, was accredited by the Accreditation Council for Pharmacy Education in 2011 for a two-year period, but in order to remain accredited, ACPE standards require that the college has a permanent building in place.

"We're being re-accredited right now so this building will be an important step for us to secure a permanent accreditation," Lai Hipp said. "Currently we're housed in a series of portable classrooms which is nice as of now, but it would be good to have a permanent building."

Related: From Hawaii to Virginia, are College Accreditors Overstepping their Authority?

read ... Accreditation Threat

Insurance Agents could Still Score Big Payoff from Health Exchange

ZB: Hawaii has not publically released the formal role, and compensation structure, for agents and brokers selling policies on the Hawai'i Health Connector. Based on public governance meeting notes (March 14, 2013), the Exchange is discussing a model where producers (not acting as official Navigators) would receive a type of compensation, fee or stipend. The Exchange recognizes the importance of agents and brokers in the Exchange, however at the time of writing details have not been decided or released confirming the fee structure and who would pay the fees (exchange vs. carriers).

read ... Hawaii Health Insurance Exchange Guide

Navy Concerned About More Sequestration Cuts

CB: Rep. Colleen Hanabusa, a member of the House Armed Services Committee, said she was concerned about the further effects of sequestration after Navy officials testified before the committee today.

Hanabusa said Admiral Jonathan Greenert, Chief of Naval Operations for the U.S. Navy, testified that in addition to a $9 billion shortfall in fiscal year 2013, the Navy will face an additional $14 billion shortfall if sequestration is not repealed.

read ... About More Sequestration Cuts

Schatz Draws Large Sums From Hawaii Business Leaders

CB: Most notable was the presence of Navatek, the Honolulu company that develops ship hull designs and is a subsidiary of Pacific Marine. According to Schatz’ campaign records, seven Navatek employees and excutives each contributed $5,000 to Schatz including CFO Martin Kao, vice presidents Eric Schiff and Michael Schmicker, chief technology officer Steve Loui, chief scientist Dave Kring, and treasurer Susan Matsura.

read ... Crooks and Cronies

Will Innovative School Bus Plan Really Bring Down Costs?

CB: Raymond L’Heureux, assistant superintendent for school facilities and support services, on Tuesday presented the BOE with an update on how the department is moving forward with the study’s recommendations.

Much of L’Heureux’s work so far has been dedicated to implementing a pilot program using a new routing software that can pinpoint inefficiencies in the school bus system. The department has decided to pilot the program at 30 schools the Pearl City-Waipahu region — a decision that was based on a rubric that looked at factors such as number of schools, number of expiring contracts and urban location.

L’Heureux said the DOE opted for an Oahu region in order to ensure department management could easily maintain oversight. It plans to roll the pilot out to neighbor islands by the 2015-16 school year.

The new software generates data that has never before been available to the department. Slides shown at the meeting revealed data snapshots locating where students live and the number of stops per current route.

L’Heureux pointed to a bus map for one school, which currently provides six routes for 190 students. The longest trek for one student is 20 minutes, while the shortest is eight minutes.

The room for improvement, he said, “is astronomical.”

L’Heureux said he hopes to finish analyzing the routes by early next month and draft revised routes by late June, with the goal of implementing the pilot at the 30 schools next school year.

read ... School Bus Plan

Kauai Chief: 'Officers We Know Should Not Be Here Are Coming Back'

CB: Taped to his office door in Lihue is a sign that reads “Integrity is non-negotiable.” On it are pictures of Abraham Lincoln, Mahatma Gandhi and Mother Teresa....

One of Perry’s first acts as chief was to create an internal affairs division to police his department. It would be the first time KPD would have a unit specifically dedicated to ferreting out bad cops.

Perry didn’t want people like Channing Tada, Wesley Perreira and Lawrence Stem in his department. Those officers were forced to resign in 2008 after skipping out on federal police training on Maui and lying about it. All three pleaded guilty to felony theft charges for the incident as well as misdemeanor counts for tampering with a government record.

Instead, Perry wants officers like Whitman McCallum and George Laccone, who he praised at a recent Kauai Police Commission meeting for seizing 79 grams of methamphetamine, $5,000 and weapons during a domestic violence call.

Reinforcing good behavior, he said, is key to limiting the metastasization of the bad.

“The bottom line is holding people accountable,” Perry said. “I’m being paid through taxes and I have a duty and responsibility to hold my officers accountable.”

Civil Beat obtained 15 years of annual misconduct reports KPD is required to submit to the Legislature. From 1998 to 2012, there were about 40 incidents of misconduct. Only three KPD employees were terminated, the rest received suspensions ranging from one day off without pay to 20.

read ... Kauai

HB1481: Public Funding for House Candidates

SA: The current draft of the bill would make just more than $32,500 each available to House hopefuls in the 2016 election. Potential recipients would be required to collect 200 verifiable registered voter signatures from within their district, along with 250 $5 donations from registered voters.

Candidates would be prohibited from raising or spending additional money.

"You don't want every crackpot to qualify and run, and then it really is a waste of taxpayers' money," Rhoads (D, Chinatown-Iwilei-Kalihi) said. "So the bar that we have for the viability standard is very high."

The bill originally included Senate candidates, but the Senate Judiciary Committee removed that portion of the proposal.

read ... Public Funding

Ben Jay Slams UH Maintenance Failures

KHON: “My staff knows when I see something broken & it obviously hasn’t been fixed in a long time, I’m impatient. THIS IS OUR HOUSE!!”

And he adds. “What do recruit parents think when they see junk lying around, wallpapers falling off, landscaping unkept & overgrown. “They don’t care.”

“I’m glad he’s bringing it his out and maybe this will open up the eyes of university administrators,” said Senator Donna Kim (D), Senate President.

read ... Maintenance

New Hope Leeward church eyeing Kunia farmland

KITV: Church launches campaign to raise $28 million to buy 203 acres

read ... Acres

Kaua‘i Eclectic’s ‘Abuse Chronicles’ series prompts council to lash out

KGI: In 2010, the council passed Ordinance 904, allowing owners of TVRs that were operating on agriculture lands prior to March 7, 2008, to apply for a permit, provided they met certain criteria.

“I’m very concerned about implementation of Ordinance 904,” Councilman Tim Bynum told Dahilig. “There are very detailed reports in the media about specific applications with lots of very serious allegations.”

Joan Conrow has been posting on her Kaua‘i Eclectic blog a series titled “Abuse Chronicles,” in which she is alleging many TVRs have been granted a non-conforming use permit under Ordinance 904, despite unreported and/or illegal improvements, missing pieces in their application and other zoning violations. The series has 12 installments so far.

In 2010, despite being criticized by many in the community for passing Ordinance 904, council members assured the new law would stop proliferation of TVRs outside Visitor Destination Areas, and only those who met strict criteria would be able to apply for the permit.

read ... NIMBYs Attack

60s Generation Ending a Lifetime of Failure, Desolation

Shapiro: When I was a child, terroristic acts such as Boston, Newtown, Oklahoma City or 9/11 would have been unthinkable; most Americans lived safe lives.

That was before a tumultuous half-century that encompassed the Cuban missile crisis, the assassinations of the Kennedy brothers and Martin Luther King Jr., a string of bloody and costly foreign military misadventures and a turn to poisonous discord in national affairs....

Folks my age are living out our days as members of perhaps the most privileged generation ever.

After our grandparents beat back the Great Depression and our parents triumphed in World War II, there was nothing ahead of us but opportunity, and for the most part we prospered....

We’ve worshipped at the altars of self-righteousness, NIMBYism and greed. Despite the early idealism of my generation, little of the enormous wealth we’ve produced in the past 50 years has gone to raising up the least fortunate among us.

Now we’re dangerously close to seeing it all come crashing down on our children and grandchildren before they have a chance to enjoy the American dream that our parents and grandparents worked so nobly to leave to us.

SA: Vigilance remains watchword

read ... A Failed Generation

QUICK HITS: