Legislative Session Primer – 30 Days Out

The 2019 legislative session officially opens on January 16th, and concludes 60 “session days” later on May 2, “sine die” (traditional term used to adjourn the legislature – Latin for “proceedings that have been adjourned”).

“Session days” are those days set aside for formal business when “floor votes” are held and official business is conducted by the entire legislative body.  The State Constitution designates the business of the legislature must start and stop on specific days, and that there be 60 “session days” in which the official business is to be conducted.  Interspersed with “session days” are “recess days”.  Historically “recess days” were utilized by legislators to “go back to the district” and consult with constituents on the issues that are on their agenda.  However, today’s practice is for legislative hearings and other business to continue at the capitol, with most observers not even being aware the day was officially designated as a “recess day”.

The typical day of a legislator, whether a member of the Senate or of the House of Representatives, revolves around the consideration of “Bills”.  A Bill is a proposed law, either a new law or the proposed amendment to an existing one.  Senators or Representative will each introduce various Bills, some of which are requested by constituents (impacting local schools, parks, or local issues) and others that are deemed by the legislator important to their particular subject matter interest (agriculture, environment, health, transportation, etc).

The entire legislative body consists of 25 Senators and 51 Representatives, and if the 2019 session follows past trends over 3,000 Bills will be introduced.  A great many of these Bills will be duplicate in nature, as many legislators are concerned about similar issues.  For example there may be 4 or 5 or more Bills introduced dealing with increasing the minimum wage.  Other Bills will be introduced “by request” which means the legislator is introducing the measure as a favor to a constituent or special interest.  Still other Bills will be introduced by a legislator “for show” knowing full well the measure will have no hope of passing into law.

At the end on the session, upon sine die, the legislature will have passed between 250 and 300 Bills forward for signing into law, or veto by the governor. Most of the “new laws” will actually be more along the lines of “housekeeping” or minor tweaks to existing law with only a handful  breaking new ground and thus making the headlines.  Some of the possible “hot button issues” that will no doubt be high on the legislative agenda during 2019 include increasing the state’s minimum wage to $17 per hour phased in over time, legalizing cannabis for responsible adult use, increasing funding for education, bail reform, the establishment of a new “carbon tax” and more.

As in every legislative body, the task that consumes a majority of the time and energy is passage of the budget.  Each and every one of the 76 legislators will be pushing and fighting for “their piece of the pie” and trying to increase funding for roads, schools, parks and other facilities located in their particular district.

Now, approximately 30 days away from the start of the session, is the time for constituents to reach out directly to their Senator and Representative to lobby for both policy and budget support.  Though many are slipping into vacation mode, it is still a good time to have your thoughts heard, prior to the start of the session.  Once January 16th arrives, the pace of work launches quickly into overdrive and the competition for legislator time and bandwidth becomes a challenge.

The #1 tool for anyone serious about influencing the legislative process can be found at https://www.capitol.hawaii.gov  On this website is all the information anyone will need to identify the proposed Bills, track their process, and submit testimony.  Also available here is the contact information and committee assignments of each and every legislator.  Another invaluable public and free resource is the Public Access Room, located at Room #401 on the 4th floor of the capitol http://lrbhawaii.org/par/ .  Here you can access computers, printers and obtain current information on Bills, timelines and the legislative process.

In future columns I will be providing legislative updates on those issues that appear most interesting, and will likely have the most tangible impact on people and the environment.  I strongly encourage all, to reach out directly and communicate with your legislator about issues that are important to you.  At the minimum, ask them “When are you going to do something about the traffic?” 😉

First published in The Garden Island newspaper, Hooser – Policy & Politics 12/12/18

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2018 Election Summary of PHI Endorsed Candidates

During the 2018 elections, Pono Hawaii Initiative (PHI) a 501C4 nonprofit organization of which I am the Executive Director, endorsed and supported 32 candidates for public office at the state legislative and county council level on all islands.

At the end of the day, 15 of the 32 candidates endorsed by PHI were successfully elected to public office.  To be clear, each is responsible for their own success at the polls and each ran first class campaigns, working very, very hard over many months.

  • 5 of these successful candidates are graduates of the non partisan Kuleana Academy leadership and campaign training program, sponsored by the Hawaii Alliance for Progressive Action (HAPA).
  • 10 are women
  • 5 on the Maui County Council now constitute a majority

The successful PHI endorsed candidates now serving in public office:

State Senate – Jarrett Keohokalole District 24, Sharon Moriwaki District 12

State House of Representatives – Richard Creagan District 5, *Amy Perruso District 46, *Tina Wildberger District 11

Kauai County Council – Mason Chock, Felicia Cowden

Maui County Council – *Tamara Paltin, *Keani Rawlins-Fernandez,  *Shane Sinenci, Tasha

Kama and Kelly King 

Hawaii County Council – Maile David, Rebecca Villegas, Karen Eoff

*Indicates a HAPA Kuleana Academy graduate

Information on how to apply for the upcoming 2019 Kuleana Academy is available here: http://www.hapahi.org/kuleana-academy/

Information on all Pono Hawaii Initiative endorsed candidates is here: https://ponohawaiiinitiative.org/endorsements/

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Hotel Housekeepers Are Heroes – All Hawaii Workers Deserve A Living Wage

Are the rest of us as committed as hotel housekeepers to raising up Hawaii?

Can we as a community accomplish in 60 days what the hotel housekeepers and restaurant workers achieved in 51 days?

The 2,700 UniteHere Local 5 members who just completed a tough 51 day strike, deserve a ticker tape parade through the streets of Waikiki.

They and their families risked public blowback and a hit on their already tenuous personal finances when they made the decision to demand what each and every worker in Hawaii is due: fair wages and improved working conditions. And they stuck to that decision.

As a result of their courage, they won a huge victory, the benefits of which will extend to hotel workers throughout all Hawaii, both unionized and not. Through the bold action and leadership of the rank and file housekeepers and other members of UniteHere Local 5, a new wage and benefit standard has been set. All other hotel employers must now compete to meet that standard.

Truly, all boats will rise because of the actions of the gutsy men and women who walked the line for those long 51 days.

It is of course the power of unity and purpose that allowed this to happen. Any wonder that worker organizations are called unions?

If the wages paid to hotel housekeepers were left to the bosses, it would be set at the lowest amount needed to attract someone to fill the slot. That’s the capitalist formula that has led to the desperate straits of so many working families. Companies look for the cheapest labor. The hungrier and the more desperate the circumstances of workers, the lower the bar for wages. Meanwhile, hotel room rates are always set as high as the market will bear.

No hotel owner is going to pay more in wages and benefits than they have to. Without union representation, workers are forced to compete by offering to work for less than the last guy hired. With union representation workers stand united together, fighting always for the best wages, benefits and working conditions for all.

The standard 8 hour day and 40 hour work week did not just suddenly appear. It was the result of labor union negotiations decades ago. The same is true of over-time pay and worker safety requirements. These key elements governing modern worker pay and working conditions now embedded in labor law began many years ago as conditions sought, fought for, and won by labor unions.

UniteHere Local 5 achieved a huge victory for all of Hawaii’s hotel workers. According to media reports, the wages and benefits won by the workers equate to approximately $6.13 per hour spread out over 4 years. They also gained improved working conditions, retroactive pay, and more.

Imagine if every worker now earning a minimum wage of $10.10 per hour was to achieve the same increase over the same period of time. Imagine if this increase was then improved on just a little bit every year to remain slightly ahead of inflation. Slowly but surely, if we had the will, all of Hawaii’s workers would earn a living wage.

One job should be enough. Every person who works 40 hours per week deserves health care, a decent roof over their head, and three meals a day. How could this be too much to ask of any business or of any government leader? And as consumers, how could we not be willing to pay the tiny little bit more in return for granting all workers the dignity of a living wage?

It took the members of UniteHere Local 5, 51 days to improve living conditions for themselves, their families –and by extension–all other hotel workers.

There are 60 days in the upcoming legislative session that begins on January 16th. Are the rest of us willing to make that same commitment to raising up all of Hawaii?

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Under The Guise Of Civility

As newly elected legislators at all levels begin taking office, it is important to remind everyone that robust debate and holding our politicians accountable is critical to a healthy democracy.

To those politicians who are thin of skin, I encourage you to get over it or find another way to serve your community and/or pay your bills (depending on your motivation for running in the first place).  As someone who has served nearly 20 years in the public sector, I can testify first hand how brutal public life can be.

To the public the advice I will offer is do not judge what is in a politicians heart, nor without clear and tangible evidence, question their integrity or character.  Please do not label all who disagree with you as corrupt, crooked, or as someone sleeping with the devil.  The truth may be that those particular policymakers simply see the world through a different lens than you do.

If elected policy makers march down a path in support of putting profits, development, and corporate interests over that of the interests of people and the environment, then perhaps that is how they look at the world.  Some of us may vehemently disagree and I will be the first to put my name on that list – but it does not mean those elected individuals are of poor character or corrupt.  After all, they were elected fair and square (more or less) by voters in the community (those who decided to actually show up).

However, getting elected does not translate to a free pass and we must be willing to call out actions that we believe work to the detriment of our core community values.

Elected office holders and politicians must be willing to do the same.  Too often under the guise of civility, too many are unwilling to stand up or speak out on important issues.

The responsibility of speaking truth to power and being willing to shine a light by asking the tough questions in a small community is often difficult at best.  Living in a small town where we see each other at Costco on a regular basis translates to most preferring not to be critical of those who hold the power, whether it be economic or political.  Being seen as someone who makes waves, or causes trouble by asking too many questions, can have tangible and long lasting impacts on relationships with family and friends.

Labeling those willing to speak out as “divisive” is a potent tool designed to get people to “shut the front door”, sit down and be quiet.

Clearly, sometimes the label is warranted and yet many times the nature of the issue makes a certain level of divisiveness unavoidable.  There is no shortage of history supporting the premise that significant change happens only when people speak out loudly, demanding that change.

I would argue that when people are quiet, bad things happen.  I would further argue that those who hold power want people to remain quiet, to not ask questions and to not “get in the way”.

Too often elected policy makers especially those that are new to the process, are either too timid, or too eager to go along to get along and thus avoid asking the tough questions. Their desire to be seen as a team player and to avoid the perception of divisiveness can easily get in the way of their responsibility to shine a light into the dark and shady corners.

Politics is a rough and tumble occupation.  Those that hold public office are not there to support the team or the legislative body to which they join, but rather they are there to serve and represent the community that elected them.  Yes, legislators should endeavor to work with the administration and to whenever possible move a noble and positive agenda forward.  But they must also serve as a check and balance to the administration, and to their legislative colleagues as well.

The responsibility for all of this, lies with all of us.  We must speak out and question authority. We must do so in a professional and civil manner.  And we must not let the pursuit of civility get in the way of our civic responsibility to hold our government accountable.

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An open letter to those who have been elected to serve in public office, and call themselves Democrats.

The mid-terms are over and it’s time now to get down to business, the people’s business to be specific.

You ran for office and were elected under the banner of the Democratic Party of Hawaii, and the hope for many of us is that you will now support those values upon which our Party is based.

The Democratic Party, like all political parties is based in a core “ideology”, commonly defined as “a system of ideas and ideals, especially one that forms the basis of economic or political theory and policy.”

The Democratic Party of Hawaii’s core ideology is reflected in it’s “Platform” which states in its preamble, “The abiding values of the Democratic Party are liberty, social justice, economic justice, and protection of the environment, and compassion and respect for the dignity and worth of the individual.”

Ideology matters. 

Political parties should not be like football teams where jerseys can simply be swapped when a player decides they want to  go with one that has a better win/loss record or because they are unhappy with the coach or owner.

This is a core issue that in many ways has put our Party where it is today at the national level, and ultimately responsible for the election of Donald Trump.  

In our own State legislature, too many legislators at the State and County level are in fact members of the Party in name only, commonly referred to as DINO’s.  

Far too frequently here in Hawaii, a candidate’s choice to join the Democratic Party is a pragmatic one and not one based on values or ideology. With few exceptions, if a candidate wants to win in Hawaii, they must run as a Democrat.  Aspiring politicians, focused only on winning and regardless of their ideology (assuming that they actually have one), more often than not, choose to put a D next to their name.

The basic evidence of this, if one takes the time to do the research, is in the voting record of each legislator.  Even more telling is the list of donors contained within the campaign spending reports.

But the larger evidence is the long list of unresolved issues facing our State.  Public education is woefully underfunded.  The lack of affordable housing and rampant homelessness, grows worse daily.  Our once pristine watersheds and coastal areas continue to deteriorate, and our reefs are literally dead or dying.  Our prisons are over crowded.  People are working multiple jobs and can’t afford a basic decent living.

The Democratic Party of Hawaii with overwhelming support from State Party Delegates passed a Resolution during the 2018 convention stating; 

“Resolved, That the Democratic Party of Hawai`i urges the Hawai`i State Legislature to pass legislation increasing the state minimum wage to at least a level of self sufficiency, where full-time employment generates a living wage, and supporting annual increases to the state minimum wage equal to the percentage increase of the Consumer Price Index;”

Other States have already passed minimum wage laws exceeding Hawaii’s with 18 including automatic annual adjustments to reflect cost of living increases.  Why must we always follow, when in theory nearly every single legislator supports the principle and has pledged to support the action?

Ditto with funding for public education.  Our legislature found the political will and the money to fund the rail system, why not treat education with the same urgency?

The 2019 legislative session, will be upon us soon enough.  When “sine die” arrives during the first week of May, we will know.

I suspect there will be some gains during the coming session but they will not come without a herculean effort by community advocates.  As in the past, significant legislative accomplishments will come only after regular people step up to fill the hearing rooms, submitting email testimony after email testimony, and making repeated telephone calls pleading with their Senators and Representatives to do the right thing.

Of course, it shouldn’t be this hard.  If we lived in Texas, or Alabama, or even Arizona perhaps we should expect the never-ending battle, but we live in Hawaii where the Democratic Party dominates the political landscape and where these values should be second nature.

Hawaii should be the leader in the promotion of economic, environmental, and social justice issues.  Our tax structure should be the most progressive in the world with the uber wealthy and often absentee corporate owners paying their fair share.  We should be energy and food self sufficient, and it should have happened a long time ago.

The Hawaii Democratic Party should be the national leader in holding those who gain elected office via our banner accountable.  Our local legislators at all levels must know clearly that the Party exists in order to support an ideology and core values, and not merely as a brand to be used without consequences to help them get re-elected.  

In addition to properly funding our public education system, we must demand that a minimum wage be a living wage (estimated today to be at $17 for a single person).  We must implement Bail Reform and stop incarcerating people simply because they are poor.  And we must stand up to the large corporate interests who continue to pollute and desecrate our natural resources.

At the end of the day, my hope is that in the future when Hawaii elects Democrats to hold public office, those Democrats are in fact people who sincerely believe in the values of the Democratic Party and are willing to work for and fight for those values.  My further hope is that all Hawaii citizens will take ownership of their government, let legislators know how they feel about these issues and be actively involved in the process.

And to be clear “hope” without action achieves nothing.  For those who have been paying attention to the political landscape in Hawaii, you know that the action part has already started, that momentum continues to grow, and that 2020 will be here soon enough.

With respect and solidarity.

Gary Hooser

Note: While I serve as the Vice Chair of the Democratic Party for the State of Hawaii, I do not write here on behalf of the Party nor has this message been approved or sanctioned by anyone.  The above simply represents my thoughts on an important issue, and it is long over due that I state them.

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Prayers, Politics, and Policy –

I think taking one day per year and dedicating it to being thankful is a good idea.  Actually, I wake up most mornings just being thankful for being alive, thankful for my good health, for my wonderful family, and for being able to do the work that I do.

Those that know me well, know that I am fond to say that “I am caught in a positive feedback loop.”  While not without its share of stress, there is no doubt that the Hooser Ohana is way better off than the vast majority of people on the planet.

I work each day, interacting with talented, creative, and committed individuals who spend their lives trying to make the world a better place.  I have a family and friends whom I love, and who love me.

Think about it.  I live in one of the most beautiful places on earth.  I sleep each night in a home that is dry and safe, and my most significant concern when it comes to food is trying to eat organic and avoid processed food-like substances and pesticides.

Much of the planet and many of the people we live alongside of here in Hawaii live in constant stress and struggle.  We see them under bridges and along the roadside, huddling under blue tarps in the rain and eating whatever is convenient, cheap, or simply available.

Thankfully my health is good, and because of the excellent coverage provided by my wife’s employer, I have never ever had to worry about the cost of going to the doctor.  When I do have to go, rarely do I ever see a bill.  The amount $32 comes to mind and I’m thinking that is the co-pay requested from me.  I possess no memory of ever being worried about being concerned about the cost of health care.

Many in our community live without health insurance and in constant fear of getting sick, or breaking a bone or whatever.  I will never forget the time when I was at a local hotel standing near an older couple, when the woman collapsed directly ahead of me.  As I caught her limp body I remember shouting to the doorman to call 911 and get an ambulance.  I will also never forget the look on the old man’s face as he worried about the condition of his wife and mouthed the words “how much is that going to cost”.  I know young parents who hesitate to take their children to see the doctor and go only when they absolutely have to because the cost of the visit will add yet one more financial burden to their lives.

Most of us, who are fortunate to have good health coverage never hesitate one little bit and will jump in the car and go right to the emergency room rather than risk a situation going untreated.

The huge disparity between the very rich and the very poor is a global issue that exists here in Hawaii.  Many of us in the middle, the so-called middle class, actually reside just a few steps away from those blue tarps as well.  Yes, we are fortunate to own our own home, replete with a $400,000+ mortgage and monthly payments that could easily be crippling if there is an extended illness, a job loss or any of a multitude of life crisis that sometimes unexpectedly arise.

According to a 2017 study by GoBankingRates, “People living in Hawaii are more likely to live paycheck to paycheck than in any other state.”  The study also found that approximately 57% of Hawaii residents have less than $1,000 in the bank and are one paycheck away from a downward spiral into poverty and homelessness.  In addition, a 2017 report from global charity, Oxfam, found that the richest 1 percent of people in the world control 82 percent of the total wealth. 

Yes, just about every person that is reading this column has much to be thankful for and we should celebrate and embrace our fortunate circumstances.  But we must also remember the less fortunate, the down and out, the poor and the sick.  And we must do more that just remember them one day per year via donation of food at the local pantry, or perhaps helping to serve at the annual Salvation Army “feed the poor” Thanksgiving gathering.

We must endeavor to embrace and understand our neighbors who struggle and we must work hard to level the playing field so that those who through no fault of their own, have a realistic pathway forward to a life of dignity and respect.  

All people, regardless of their birth status and or whatever cards have been dealt to them in their life’s journey, deserve quality affordable health care and a roof over their head that will keep them dry and safe.  And yes, one job should be enough, and the minimum wage should be a living wage.  

After all – There but for the grace of God, go I.

First published in The Garden Island Newspaper, November 21, 2018

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Choosing the Chair – Whose Bias Do You Prefer?

Today being the first post-election meeting of the Kauai County Council is sure to be non-eventful on its surface.  But the sub-currents are no doubt running strong, even as the winners are gracious and the losers act like all is ok.

Kauai voters issued five very strong statements on November 6th.

Councilmember now Mayor Elect Derek Kawakami won in a landslide over Council Chair Mel Rapozo.

Councilmember Mason Chock finished as the top vote getter strongly ahead of Councilmember Arryl Kaneshiro.

Councilmember Elect and first time candidate Luke Evslin by a large nearly 2,000 vote margin, leaped ahead of incumbent Councilmember Ross Kagawa into the #3 slot.

Voters resoundingly defeated the “Kagawa Resolution” that attempted to remove existing council term limits (19,146 NO to 4,143 YES).

Voters selected an unabashedly strong progressive and clear voice for environmental protection in Felicia Cowden who gained the #7 slot above numerous other contenders.

These dynamics plus the re-election of Arthur Brun and the return of former Councilmember KipuKai Kualii will make for an interesting and I believe positive future.  

The first major decision of “choosing the next Council Chair” will be made “behind the scenes” between now and “swearing in” which occurs on December 3th. While the Sunshine Law prevents more than two Councilmember’s from discussing this issue in private, many sitting Councilmember’s will likely ignore or forget this detail, and it does not apply to those who have yet to be sworn in.

Speculating on “who will be the next Chair” is something local political pundits are already deeply absorbed in.  

Through a process of elimination the speculation quickly narrows to a choice between CM Mason Chock and CM Arryl Kaneshiro.  Through further analysis it becomes clear that CME KipuKai Kualii is likely to be the “swing vote” and thus has the power to determine the outcome.

A quick overview: The new Chair must be someone with experience on the Council which excludes Luke, Cowden and Brun who is also relatively new and without deep experience.  The new Chair must also be someone who is seen as someone who “get’s along well with others” and has the demeanor and credibility to manage the group.  This eliminates Kagawa and leaves only Chock, Kaneshiro and Kualii.  With Kualii being the new guy coming back in, it seems reasonable for the choice to come down to either Chock or Kaneshiro.

The block of votes that now support Rapozo as Chair include Kaneshiro, Brun, Kagawa.  Remember the magic # is 4, which equates to a majority of the votes.  

It seems reasonable to speculate that Kaneshiro, Brun and Kagawa will continue to stick together.  It also seems reasonable that Evslin and Cowden will lean toward supporting Chock with whom they share a common constituency base and tend to lean more toward community based decision making and environmental protection.

Hence, it is likely IMHO that we have in place essentially a 3/3 tie for the Chair’s position, with Kualii being the swing vote that could push the majority in either direction.  While on paper and via public statements Kualii seems to be a strong progressive and environmentally friendly voice, historically he has often sided with the positions of Kagawa, Kaneshiro and Rapozo.

Each of the top two contenders bring a different skillset to the table and each views the world through a remarkably different lens.  As we all do, both have an inherent bias formed via their childhood upbringing, ongoing life experience and the current professional roles they now serve in.

Chock who owns and operates a leadership training and development program is deeply involved in community involvement.  He is active in leading and/or participating in numerous projects around the island that seek to restore native habitat, and that support Hawaiian cultural values and practices.

Kaneshiro who is an executive with one of Hawaii’s largest landowners, The Grove Farm Land Company, has a business accounting background and would bring a strong skill set to the table as the Council deals with budget issues.

Chock spends his professional life outside of the Council surrounded by both grass-roots community as well as those aspiring to be community leaders. He is trained as a facilitator and is the ultimate calm voice and adult in the room, working well with people from all walks of life.  Chock’s past actions and statements would lead one to conclude that he views the world through a community based lens and leans toward community based decision making and environmental protection.

Kaneshiro spends his professional life working in real estate development and land management.  His employer is directly impacted in major ways by the decisions made by the County Council.  Whether it be the way the County manages and taxes agricultural land, or via zoning and regulations governing development and construction, The Grove Farm Land Company has a major stake in the decisions made by the Kauai County Council.  Kaneshiro via his past public statements and actions clearly views the world via a Chamber of Commerce and land development lens that sees government as an impediment to development.

Thus, the two primary contenders for Council Chair, offer clear and distinct choices.  

As the top vote getter during the recent election CM Chock definitely demonstrates a strong level of community support and is eminently qualified to serve the role.

CM Kaneshiro as the “heir apparent” to the outgoing Rapozo faction also finished a strong #2 at the ballot box. He will likely have the business community pushing hard on his behalf and is also fully capable of being the Chair.

With two qualified candidates, at the end of the day it comes down to whose biased world view will most benefit our children and grandchildren?

Or actually and much more pragmatically, it comes down to whomever can garner 3 additional votes in support of their Chairmanship.  

Like you, I am counting on all 7 Councilmembers looking at the pluses and minuses of each contender for the job, and making a wise choice that benefits the long term interest of our island community.  

  • **UPDATE – After the above piece was written and published, I was informed by several individuals who had spoken to him that Councilmember Elect KipuKai Kualii was leaning in support of Grove Farm Land Company executive and Councilmember Arryl Kaneshiro to be the new Council Chair and Councilmember Ross Kagawa as Vice Chair.  This news comes as a surprise to many of Kualii’s supporters who are progressive and “green” in their politics. To hear that he is supporting the two most pro-development and least progressive members of the Council to control its leadership comes as a shock to many in the progressives and environmental community on Kauai.  To be clear this issue is still in flux as the actual vote will not occur until December 3.  FURTHER UPDATE: There is a “meeting before the meeting” (is complicated and I will explain later why they do this) scheduled by the Council on Monday November 26th in the Council Chambers at the historic county building.  Public testimony can be made at 3:30pm and/or via email at counciltestimony@kauai.gov  But best to show up if you can.  Please spread the word!

First published in the The Garden Island newspaper (TGI) November 14th, 2018

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