Monthly Archives: June 2009

Wednesday…Unions go to court against furlough plan, and reporting those stolen guitars

The day started out great. I actually crashed early last night and managed to get nearly 8 hours sleep for the first time in more than a week, waking up feeling better. Then things quickly went off track when I let an automated software upgrade go forward on my MacBook Pro. What I thought might take five minutes ended up taking over half an hour to complete. There went my early wakeup advantage!

Let’s see. Now that several of the public employee unions have taken the furlough issue to court, here are the legal complaints filed yesterday: United Public Workers v. Lingle, HGEA v. Lingle, and Hawaii State Teachers Association v. Lingle.

You can at least read through the complaints, which aren’t that lengthy, and make your own assessment of their substance.

Speaking of Lingle & furloughs, it seems to me, in light of the context–the governor’s difficulty or hesitation in coming up with budget details during the legislative session, forcing the legislature to put together its own version of a balanced budget, and her failure to put an official offer on the table during collective bargaining negotiations while heading off the furlough-layoff route–I now think she’s threatening the run the state into the ditch in order to force the legislature to propose tweaks to the tax structure to come up with additional revenue. Then she can sit back and attack those pesky Democrats for failing to adhere to her “no tax increase” mantra.

Cynical, I know. But it’s hard to explain all the related bits of the story without going down this path.

Here’s one I don’t get. The Advertiser gave prominent play on Sunday to the theft of two guitars from local musician Anuhea Jenkins. And the newspaper followed with another story when the guitars were found at a Waikiki pawn shop. But, somewhat inexplicably, the Advertiser doesn’t name the pawn shop. Isn’t that something of interest to readers? Wouldn’t naming the pawn shop now suspected of receiving stolen goods be a benefit to its readers? Was this an editorial decision? Was it just being sloppy? I can’t help wondering.

The Star-Bulletin story by Gary Kubota didn’t have any trouble naming the story, which turns out to be the Bag’s End pawn shop on Kalakaua Avenue.

The morning just got a little worse. While sitting here frustrated by the slow software upgrade, I forgot to take out the garbage for this morning’s pickup. Our crew hits this part of Kaaawa at close to 5:30 a.m. on Wednesday and Saturdays, a pretty unforgiving schedule.

So it goes.

We’re off to see the sunrise.

I’ll add a bit more when we return.

Tuesday…Door-to-door security sales ringing consumer alarms

Sales representatives from several unlicensed companies are going door-to-door offering homeowners in different parts of Oahu deals that sounds too good to be true. They probably are.

To get the free or heavily discounted security systems, homeowners agree to pay a monthly fee for a service that monitors the alarms and notifies police or emergency responders in case of a break-in or fire.

But companies making similar door-to-door offers on the mainland, often using teams of college students who work just during the summer and then disperse, have generated numerous complaints of shoddy workmanship, failure to provide support, lack of disclosure, overcharging, and other problems, according to published news accounts and web sites that gather consumer complaints.

Typically, the monitoring contracts are sold to other companies on the mainland, leaving local customers without any source of service or support when problems inevitably arise.

Established local security firms say there is growing anecdotal evidence that similar problems here are widespread.

One company operating in Windward Oahu and on the North shore is Security One, of Orem, Utah. Its sales people are knocking on doors offering to install security systems valued at $1,200 for free in exchange for placement of a company sign in front of the home, a $99 “activation fee”, and a monthly monitoring fee paid to a Texas-based company, Monitronics.

Arthur Hannemann, who heads the Hawaii sales operations for this Utah company, defends the free offer as a limited-time promotion.

“It’s generating a lot of business,” Hannemann said.

“We are a legitimate company,” Hanneman said. “We have offices all over the United States. We are not doing anything illegal or unethical.”

Hanneman describes Security One as a ten year-old company which has just recently started doing business in Hawaii.

But the company has already caught the eye of state regulators. A February 2009 letter from the state’s Regulated Industries Complaints Office warned the company that it might be violating state law by operating without a contractor’s license.

State business registration registration files available online from the Department of Commerce & Consumer Affairs have no record of the Utah-based firm being registered to do business in Hawaii.

When asked about the issue this week, however, Hannemann denied that there had been such a letter.

“That’s not true,” Hannemann said.

Security One is not the only alarm company to have been warned about unlicensed activities or have new consumer complaints pending and under review by state regulators, records show. And established firms say they have heard numerous complaints from customers who are reluctant to contact authorities.

The Utah-based Security One is also in trouble for using the name and logo of an established alarm company doing business in Hawaii since 1992, according to Mary Paulson, owner of the Honolulu-based company, Security One, Inc.

Paulson said her attorney wrote to the Utah firm earlier this year with a demand that they stop using her company’s name.

“I thought we had them run out of town,” she told me by phone.

Hannemann responds by accusing Paulson of making “false accusations”.

“She’s been a real problem for us. She’s has done a lot of incredible things,” Hannemann said, including going on television and complaining to regulators.

The Utah company’s pitch was delivered in Kaaawa last week by a young man who entered our yard and identified himself as a BYU-Hawaii student. None of the literature he provided about the company or its security systems includes a local business address or telephone number, and he offered only a personal cell phone number as a contact.

Gary Putnam, of Lifeline Fire & Security, Inc., another established local operator, said he advises consumers to check out any company claiming to be locally based.

Paulson suggests consumers ask if the company has a local office and phone.

“I tell them to just go in the house and look in the Yellow Pages,” Putnam. “If the company isn’t there, then look in the white pages. And if you still can’t find a listing, call 411.”

Putnam said state law gives consumers three days to cancel any door-to-door contracts, but after that “you’re locked into a three-year contract.” Paulson said he had been told of customers who were unable to reach the salesman or the company before the three-day window closed, despite wanting to cancel their contracts.

“They didn’t answer the phone,” he said.

A New York Times story published last week describes door-to-door salesmen with Mormon backgrounds working for another Utah firm, Pinnacle Security, which is also based in Orem, Utah, a small city of less than 100,000 residents.

The New York Times reported:

The salesmen are mostly former Mormon missionaries from Utah who cut their teeth — and learned their people-skill chops — cold-calling for their faith. In Chicago and in its suburbs where their employer, Pinnacle Security of Orem, Utah, has shipped them for the summer sales season, they are doing much the same thing, but as a job.

“It’s missionary work turned into a business,” said Cameron Treu, 30, who served his mission in Chile and was recruited into D2D (that is door-to-door in sales lingo) by another former missionary.

Art Hannemann, of the Utah-based Security One, is a cousin of Honolulu Mayor Mufi Hannemann, and earlier this year was named president of the 1st Stake at BYU-Hawaii.

According to the university’s web site:

The Church of Jesus Christ of Latter-day Saints has 20 wards (congregations) organized into 3 stakes (dioceses) on the BYU-Hawaii campus. About 100-150 students attend religious services in each ward. The experience that students gain in these wards as they carry out church responsibilities provides the LDS Church with a rich source of leadership when students graduate and participate in wards in their homelands around the world.

The Utah-based Security One recruits students with a web site, “Make more money than your dad.com“, claiming students can earn up to $100,000 during the summer from alarm sales. The site also links to a recruiting video, which some have called a “must see”.

Another company, Maximum Security or Max Alarm, recruits with a web site asking:

How Do You Want to Spend Your Summer?

Working in Idaho for only $10 an hour?

OR…SELLING HOME ALARMS UNDER THE HAWAIIAN SUN!

The Maximum Security also spells out how much can be earned off of those monitoring contracts, with sales persons able to earn as much as $540 per system installed, even if the system itself is free.

A lawsuit filed in federal court in Utah by one of the large monitoring firms describes how the alarm industry works.

Within the security monitoring industry, independent dealers solicit customers for alarm systems and alarm monitoring service through a variety of methods, including door-to-door and telemarketing.

The door-to-door solicitation is done primarily in the summer months as some independent dealers primarily use college students to do the solicitation during their summer breaks. These independent dealers being their recruiting of these students each fall for the following summer.

Where dealers’ salespersons are successful in signing up customers, the dealer typically enters into two contracts with the customer, one for the sale and installation of the alarm monitoring equipment (the “Installation Agreement”) and a second alarm monitoring agreement related solely to the monitoring of the customer’s premise (the “Customer AMA”.

The typical Customer AMA provides for the monitoring of that customer’s premises for a stated term, usually three (3) years, with automatic (1) year renewals thereafter. The average lifespan of a Customer AMA is for a period of eight (8) to ten (10) years.

The independent dealers usually offer to sell their Customer AMA’s to separate alarm monitoring companies….”

The Utah lawsuit also describes other unfair sales practices, including stealing existing customers from other companies by claiming to be installing a required system “upgrade”, claiming the original installer had “gone out of business”, and other tactics.

The arrival of the summer sales teams has hurt the rest of the companies, Paulson said.

“Most of the local alarm companies are established. We’ve got expenses for offices, insurance, staff. Then here come these guys, they aren’t licensed, they don’t have an office, they put in cheap systems and end up disappearing,” Paulson said. “They can’t service their clients. It’s a scam.”

Putnam said he doesn’t mind competing, “but let’s not do it by lies, deceit, and misrepresentation.”

There is no shortage of consumer horror stories to be found online, which describe the kinds of problems that can arise. Check out sites like alarmsales.org, BuyerZone.com, ConsumerAffairs.com, RipoffReport.com, as well as numerous news stories. A quick Google search turned up a number of recent reports.

Monday…Northwest Hawaiians, biotech dreams, court records, politics and residency, reporting Punahou, and a recycled meal

I ran into this little story about things Hawaiian to be found on the mainland, including an exhibit on “the history and culture of Pacific Northwest Hawaiians“. I’m sorry that I won’t have a chance to visit that one.

From the New York Times last week–a story explaining that the rush to attract biotech companies to new areas has communities really betting against the odds in hopes of winning.

Here’s the basic argument:

Skeptics cite two major problems with the race for biotech. First, the industry is highly concentrated in established epicenters like Boston, San Diego and San Francisco, which offer not just scientific talent but also executives who know how to steer drugs through the arduous approval process.

“Most of these states probably don’t stand much of a chance to develop a viable biotech industry,” said Gary P. Pisano, a Harvard Business School professor and the author of “Science Business: The Promise, the Reality and the Future of Biotech.”

“You can always get a few top people,” Mr. Pisano said, “but you need a lot of critical mass.”

Second, biotech is a relatively tiny industry with a lengthy product-development process, and even in its largest clusters offers only a fraction of the jobs of traditional manufacturing. In the United States, only 43 biotechnology companies employ more than 1,000 people, according to BioAbility, a consulting firm in the Research Triangle Park in North Carolina.

It’s an interesting read in light of our continuing debates over high tech tax credits, state investment, etc.

The Washington State Supreme Court is taking up the issue of whether administrative records of the court system are public records under the state’s records law.

This really isn’t an issue in Hawaii because our public records law is written to account for judicial records.

Section 92F-3 provides:

“Agency” means any unit of government in this State, any county, or any combination of counties; department; institution; board; commission; district; council; bureau; office; governing authority; other instrumentality of state or county government; or corporation or other establishment owned, operated, or managed by or on behalf of this State or any county, but does not include the nonadministrative functions of the courts of this State.

InverseCondemnation.com has a good summary and discussion of the challenge to the residency of Sol Kahoohalahala, who was elected to fill the Lanai seat on the Maui County Council but has been a physical resident of Maui. The outcome of the case would have broad impact on elected officials throughout the state. The blog entry has links to case documents, etc.

Advertiser Editor Mark Platte’s column yesterday looked at the paper’s handling of a tip involving Punahou School. Platte defends the newspapers decision to report Punahou’s response to anonymous allegations about a staff member, originally described as a “dean”.

The local media outlets did the right thing by reporting on the action Punahou planned to take and waiting for the results of the internal investigation. If disciplinary action is taken, the school should announce it and we should report it. If the allegations are found to be false, we should likewise make that information public. Anonymous or not, such accusations should be taken seriously.

Not only is Punahou a leading local institution, but it now attracts more interest as the president’s alma mater. Platte defends reporting on Punahou’s statements regarding the allegations. What isn’t clear, though, is whether the Advertiser attempted to report the story. It seems to have had sufficient information–the names of those involved, the time period involved. Did the Advertiser find that it couldn’t confirm the allegations? Did they try? Are they still working on it? Or is this the “sit back and wait to cover the press conference” approach? I doubt it is the latter, but Platte doesn’t give us a clue.

[text]Last night was for leftovers. I recycled Saturday’s meal by adding fried bananas and black beans to reheated mashed potato and pork tenderloin to come up with a new dinner. I have to admit that the beans came out of a can, something I wouldn’t ordinarily do. I prepared them by cooking up some chopped onion and garlic, adding in the beans, red pepper, and seasoning with some jerk pork seasoning, chile powder, red pepper, and fresh cilantro. A bit more cilantro was dropped onto the pork before serving.

Sunday…The Screen Man, and doing a pork tenderloin on Saturday night

[text]First, a plug for Danny “The Screen Man”.

We needed a new sliding screen door to the deck. The old one’s wheels had frozen a couple of years ago and it alternately slide through sheer force or fell off its track when said force was applied. This one is a little tricky because the tracks and the door aren’t quite square. The last time we had someone replace the door, they gave up without managing to get it right and so the door never could close fully. We hoped for better this time.

We also wanted a new screen door at the main entry. Salt air (and some cat action) had done its thing on that door. It was a mess. Then there were the hard-to-reach windows in one bedroom where the screens had blown off in the midst of a storm and eventually fallen apart before getting put back. And a few more screens where cats had managed to scratch their way through. Oh, then there were the two screens cut during our burglary back in January.

The Screen Man is based in Kaneohe, but came out to measure what we wanted and give us an estimate. He actually finished the job in just a few days, but had to wait a week to install because we couldn’t arrange to be home during the week.

But he came yesterday and within an hour we had brand new doors and screens. Everything seems to have been done right, something I can’t say about others we’ve dealt with in the past.

So if you need some screen work done, I would give Danny, “The Screen Man”, a call.

[text]We have dinner most Saturdays with a friend and former neighbor, alternating who cooks. Last night was my turn. The freezer yielded a pork tenderloin, the remainder of a two-pack we bought sometime back.

I spent some time trying to figure out what to do with it. None of the recipes quite worked. Inquiries to friends on Facebook and Twitter brought a couple of suggestions, but they didn’t turn me on. So I decided to go simple, and use what was at hand.

Fresh basil, garlic, onion, hot peppers, and a dash (or several) of guava syrup (yes, you read that correctly), served along with Ms. Meda’s fine watercress & tomato salad, and the result was a great meal.

Just click on the photo of the jar of my mother’s guava syrup and follow along.