Category Archives: Legislature

Sunshine Law bills still moving in the legislature

Here’s a list of bills relating to Hawaii’s Sunshine Law that are still alive in this session. These bills are drawn from a longer list of sunshine bills, both those that have died and those that successfully crossed over, which were identified by the Office of Information Practices. I’ve marked those which OIP reports supporting.

The links take you to status page for each bill, where you will find links to testimony (if any), as well as committee reports, which are important in recording the intent behind each version of the bill.

HB 461 / SB 472, SD 1 (Support) – Relating to the Office of Information Practices. Transfers OIP to the Department of Accounting and General Services for administrative purposes only.  OIP supports the bill.

HB 287, HD 1 (Support) – Relating to the Uniform Information Practices Act.  Amends HRS § 92F-14 to add, as an example of a significant privacy interest that may be protected, information whose disclosure would create a substantial and demonstrable risk of physical harm to an individual.  OIP opposed the original bill, which had applied a subjective standard based on “harm, embarrassment, inconvenience, or unfairness” to an individual, and now supports the amendments made in the HD 1.

SB 475, SD 1 (Support) – Relating to Open Government.  Allows the electronic posting of meeting notices under the Sunshine Law, as well as e-mail notice to persons on a board’s mailing list.  As OIP’s amendment was included in the SD 1, we support the bill, except for its intentionally defective date.

SB 465, SD 1 – Relating to Government Records.  Like HB 150, this bill allows board members to transmit public records to other board members.  The SD 1 included OIP’s suggestion to limit the content of transmittal messages in order to prevent serial communications among board members, but it did not narrow the bill to apply only to those specified in HRS Sec. 92F-12(a).

SB 652, SD 1 – Relating to Public Agency Meetings.  Requires boards to report any final action taken during an executive session, providing that the disclosure is not inconsistent with the purpose of convening the closed meeting.  OIP supported the original bill, but the SD 1 has amended it to also require disclosure of the “discussions” during an executive session.

Strong land board nominations counter worst-case views of Gov. Ige

The nomination of Carleton Ching to serve as director of DLNR goes to the Senate floor today for a final confirmation vote.

The report of the Senate Committee on Water and Land on Governor’s Message 514 is long and unusually detailed, and worth reading.

It reads, in part:

The lack of familiarity with the subject matter of the DLNR was not surprising, given that the nominee has no job experience in the subject, nor has he volunteered for any conservation or resource projects.  What was surprising, however, was the nominee’s argument as to why the Committee should not be concerned with this fact, which seemed to be that the Committee members should simply trust him to follow the mission of the DLNR.
 
     A nomination to the position of Chairperson of the BLNR is too important to risk to an improbable candidate having no background in conservation, environmental protection, and historic preservation.
 
     Your Committee did not get a convincing impression that the nominee has an understanding of the constitutional obligations and rights that make Hawaii unique.  Many important day-to-day decisions that the Chairperson makes do not go before the BLNR or the CWRM for a vote.  These seemingly innocuous daily decisions can have an enormous impact on the public’s rights and on Hawaii’s natural, cultural, and historic resources in the short run as well as the long run.
 

Despite the negative committee recommendation, I suspect the item would not have been scheduled if the necessary 13 votes had not been nailed down by the Senate leadership. That said, it may be a close vote, surprises do happen, and internal legislative dynamics are often hard to predict from the outside. We’ll see, though, in just a few hours.

The loud public debate over Ching’s nomination has meant Governor Ige’s nominations of three members to the Board of Land and Natural Resources have been largely overlooked.

The three are Keone Downing, Ulalia Woodside, and Chris Yuen. A small business operator, a land manager, and a Big Island attorney and farmer, as well as former county planning director and a prior land board member.

The nominations provide additional clues to deciphering the governor’s posture towards DLNR. Some comments left here and on other media sites have expressed the view that Ige’s choice of Ching reflects a broader “give the key to the candy store to developers” approach.

These nominations appear to contradict that particular narrative.

Each has strong credentials. All three have track records that bridge the gap between conservation and business in a manner that hasn’t raised the red flags of environmentalists in the same way that Ching did, while reflecting the “balance” that Ige and Ching have spoken of.

In fact, I would suspect that the selection of one of these three to serve as DNLR director, while naming Ching to a seat on the land board, would have made more sense and would have caused far less controversy.

[Correction: An earlier version of this post stated, without attribution, that Ching went to intermediate school with Gov. Ige. According to Ige’s Chief of Staff, Mike McCartney, this is incorrect. They were not friends from school. I should have attributed the statement, which I saw in a post by Henry Curtis last month at his Ililani Media (“Talk Story with Carleton Ching and Kekoa Kaluhiwa“).

A further check shows that Ige graduated from high school in 1975, the same year Ching earned a degree from Boise State University. So the two would not have overlapped in either intermediate or high school.

My apologies for the error.]

Is Gov. Ige oblivious to the political cost?

This comment, left here on Thursday afternoon, seems to sum up the status of the Ching nomination:

In the end, the nomination will be confirmed after some ugliness. But the Governor will have lost quite a bit in the process.

And that’s what so puzzling to me. Why squander this much political capital on this particular nomination?

Like former Gov. Neil Abercrombie, David Ige seems to be oblivious to the political costs he is incurring.

The final vote will be interesting.

Meanwhile, I’m on a plane this morning returning from Auckland.

Here are two relevant bits of street art we passed yesterday.

March 2015

March 2015

It will be good to be back in Hawaii later today.