Will it be business as usual in the upcoming legislative session?
Or will the House and Senate decide, at last, to start complying with the Constitution of the State of Hawai‘i, and their OWN rules of conduct and procedure?
Per Article III of that Constitution: “Every meeting of a committee in either house or of a committee comprised of a member or members from both houses held for the purpose of making decision on matters referred to the committee shall be open to the public.”
Both House and Senate rules require committee decision-making to be conducted in public.
The House Rules actually begin: “It is the policy of the House of Representatives to: 1) Provide the general public with a meaningful opportunity to participate in the legislative process. Public participation is a basic tenet of our democratic process. Public participation is vital to maintaining a check on the legislative process and legislative decisions.”
But the House and Senate both routinely ignore the Constitution — and their own rules.
While Committee decisions may be announced at a public meeting (with no opportunity for meaningful public comment), the actual decision-making, deliberation, and discussions – happen secretly and behind closed doors.
With a public trial set to begin in early summer, it will be interesting to see how Acasio v. House of Representatives impacts the upcoming legislative committee hearing process.
Needless to say, many will be watching.
Some background: Early last year, House Speaker Nadine Nakamura formed the House Advisory Committee on Rules and Procedure. She named Vice Speaker Linda Ichiyama, Majority Leader Sean Quinlan, Minority Leader Lauren Matsumoto, and Chris Todd, now Finance Chair, as members.
This Committee met entirely in secret and held NO public meetings. They came to decisions, conclusions, and recommendations via a process that was never shared with the public. They did not generate committee reports or meeting minutes.
Eight citizen advocates, confronted with this audacious abuse, said ENOUGH IS ENOUGH. They filed a lawsuit in the First Circuit demanding that the House follow the Constitution and its own rules.
At the time, House rules clearly stated: “Every meeting of a special committee, interim committee, or the Advisory Committee on Rules and Procedure shall be noticed in the same manner as applicable to a standing committee.”
Citizen advocates and plaintiffs include Laura Acasio, Ka‘apuniali‘ionālanikiʻekiʻe Kanaloa Aiwohi, Sergio J. Alcubilla III, Tanya Aynessazian, Douglas L. Cobeen, Karen K. Cobeen, Michaela ‘Ilikeamoana Ikeuchi, and Robert Hale Pahia.
For the past year, these citizens have been patiently and persistently navigating the legal system, with help from attorneys Lance Collins and Bianca Isaki.
It didn’t have to be this way.
The House could have acknowledged its mistake, and simply followed its own rules for public meetings and decision-making. It could also have instructed all Committee chairs and members to be diligent about ensuring that decision-making was conducted in public.
But they didn’t.
The facts are unequivocal.
1) The State Constitution, and the House’s own rules, state clearly that Committee decision-making must be conducted in public.
2) The House formed a Committee whose meetings were secret and whose decisions were made privately.
The trial for Acasio v. House of Representatives is tentatively scheduled to start early this summer – AFTER the close of the legislative session, but prior to the primary elections.
Will the House Speaker and four members of the Advisory Committee on Rules and Procedure deny that they met and made decisions in secret?
Or will they simply refuse to take the stand, under the guise of legislative immunity?
Is it possible that some members of the House, or others involved in the process, might choose to voluntarily testify?
Rather than fighting community members to preserve and perpetuate a legislative process based on secrecy and closed doors, we need to reach out and encourage these legislators to instead embrace and honor their constituents right to meaningfully participate in the process.
And we must mahalo the plaintiffs for standing up for ALL of us.
Imua.
Here is the email contact for the House Speaker and 4 Committee members. Please contact them today, and request that they support transparency, sunshine, and meaningful citizen involvement in the process and to STOP fighting to maintain secrecy and backroom decision-making.
House Vice Speaker Linda Ichiyama
Fort Shafter Flats, Salt Lake, Pearl Harbor
repichiyama@capitol.hawaii.gov
House Majority Leader Sean Quinlan
Waialua, Hale‘iwa, Kawailoa Beach, Waimea, Sunset Beach, Waiale‘e, Kawela Bay, Kahuku, Lā‘ie, Hau‘ula, Punalu‘u, Kahana
repquinlan@capitol.hawaii.gov
House Finance Chair Chris Todd
Portion of Hilo, Keaukaha, Orchidlands Estate, Ainaloa, Hawaiian Acres, Fern Acres, portions of Kurtistown and Kea‘au
reptodd@capitol.hawaii.gov
House Minority Leader Lauren Matsumoto
Portions of Mililani and Waipi‘o Acres, Mililani Mauka
repmatsumoto@capitol.hawaii.gov
House Speaker Nadine Nakamura
Hā‘ena, Wainiha, Hanalei, Princeville, Kīlauea, Anahola, Keālia, Kapa‘a, portion of Wailua, Kawaihau
repnakamura@capitol.hawaii.gov
Please. Send the email and support the citizen plaintiffs in their efforts on behalf of all of us.
Gary Hooser







