GaryHooser's Blog

Mahalo Governor Green for listening to the community and taking prompt action to amend and improve the Emergency Housing Proclamation (EP).

Mahalo even more so to the individual community members, non-profit advocacy organizations, and the best and brightest of Hawaii’s public interest legal community. You stepped up and spoke out, loud and clear — and then even louder and clearer. The Governor could not avoid seeing the writing on the wall – and responded appropriately.

This my friends, is what democracy looks like.

Typically, the first voices invited to weigh in are those who have access, who are paid to be there (lobbyists), and who will financially benefit from the proposed changes. These voice are at the table (trough) year after year, regardless of who the governor is. They look at the regulatory environment as “an impediment” to growth and just want government to get out of the way so they can make more money.

The next round of voices to enter the discussion are the government employees responsible for implementing the regulations, issuing the permits, and managing the process. Over-worked and understaffed, these folks just want to do their job with the least amount of political interference. The governor however is the boss and their life is much simpler to navigate when they accommodate that reality.

Too often the last voices to be heard are those of the general public and organized advocacy groups.

In short, the deal is cut first with the industry insiders, then the agency people are brought on board (and perhaps the deal is amended per their concerns). Then, after it’s signed, sealed, and delivered – then and only then are outsiders, the public, and the “good trouble-makers” allowed into the discussion.

In this case however, the initial proposed EP sought to block meaningful public input entirely via suspension of the Sunshine Law. The public and the advocates were not invited into the discussion but rather were forced to loudly demand entry instead.

While some will argue and perhaps rightfully so that Governor Green’s changes in the new EP do not go far enough, he has I believe made a significant effort to accommodate many of the publics concerns.

The new EP no longer eliminates the Sunshine Law, which protects the publics voice, and historic preservation and environmental protection laws are no longer suspended.

West Maui and Lāhainā are now unequivocally off the table and not impacted at all by the EP.

The revised EP also now actually includes the word “affordable” in its title, removes the unilateral decision-making authority of the Lead Housing Officer, and has removed a prior provision that severely weakened the Land Use Commissions ability to protect agricultural lands.

All good stuff. Mahalo Governor Green and all who have engaged this important conversation.

My hope is that further revisions will be made 60 days from now which will include “permanent affordable housing” as a priority, and define affordable housing at 100% and below the median income in Hawaii, instead of the 140 percent level stated in the EP.

As to the fundamental legal question of the governor’s power and whether or not the EP violates his constitutional authority – I will leave that to the public interest lawyers whom I trust completely. At the end of the day, you folks are the heroes’ on this one. Mahalo plenty for stepping up.

Gary Hooser
first published on 09/20/23 in The Garden Island newspaper

The recent bullying of a state employee at a public meeting and threats against her family on social media – is totally unacceptable. Given the passion, the spread of misinformation, and the tragedy unfolding in West Maui, the frustration and anger may be understandable – but the threats are 100% not ok.

Healthy public discourse is fundamental to the existence of a healthy democracy.

Suspending the Sunshine Law in the Governor’s Emergency Proclamation on Housing (EP) essentially kicks the public out of the discussion.

Our democracy needs more public involvement, not less.

Reducing the community’s ability to participate and saying to them “trust me we’ll do what’s best for you” – is not the answer.

Bypassing State and County legislative processes intended to manage development, and granting decision-making power to a single person, or even a handful of the hand-picked – just adds fuel to fire.

What big business likes to refer as “barriers to development,” exist to protect agricultural, cultural, and environmentally sensitive areas that are irreplaceable. The petitions, the lawsuits, and the concerned citizens filling the room lined up to testify, are there to protect and preserve that which sustains them.

Attempts to take away these protections, whether real or imagined, AND take away the process enshrined in law that protects the peoples voice – will unfortunately, inevitably, and unacceptably result in anger and harsh words.

Governor Green and his advisers are now in a position to learn from this and reset the process, or put it aside altogether.

If you believe as I do, that thousands of people living in cars, bushes, doorways, at the side of the road and under bridges, constitute a crisis and true emergency – then that should be the focus. If you believe also the fundamental lack of affordable housing is the core reason people are houseless, then emergency efforts on creating permanently affordable housing must be the clear and unambiguous priority.

Perhaps the place to start is the title. Instead of the EMERGENCY PROCLAMATION RELATING TO HOUSING, perhaps insert the words PERMANENTLY AFFORDABLE.

With this new clear unambiguous mission in mind, going back to stakeholders and the general public, for more not less input, would also be valuable. If a thorough conversation is conducted many strategies will emerge that don’t require cutting out public protections in order to motivate new large scale development.

According to research published in 2022 by Hawaii Business Magazine: Approximately 80,000 homes are likely now sitting empty across the islands. These are vacation homes, vacation rentals, second homes, third or forth homes in some cases, and often just empty apartments (so-called “investor units”). Amending tax policy at both the State and County levels could greatly influence and motivate these property owners to do the right thing and rent out their properties to local residents. We need to tax them until they scream, or until they leave (oh wait most don’t live here anyway), or hopefully they decide to convert to a long term rental.

Similarly there are thousands of “undeveloped single family residential lots” sitting vacant on every island. Tax policy can be used to incentivize these owners to promptly build a rental or sell their lot to someone who will. In addition, there are other thousands of potential “Additional Dwelling/Rental Units” (ARU’s and ADU’s) all located in areas with infrastructure in place. Tax incentives and/or grants to pay for septic systems or other needs, could motivate many homeowners to build an affordable rental and keep it affordable for X years – ensuring them retirement income or a place eventually for mom and dad to live.

There are many strategies that could be used to tackle and solve this problem. Each needs to be explored.

The answer does not have to include sacrificing important public, environmental and cultural safeguards in order to ensure developer profits.

Gary Hooser
first published on 09/13/23 in The Garden Island newspaper

Thousands of Hawaiʻi residents are living on the streets. We have tens of thousands more doubled-up at home with mom and dad, sleeping in a friends carport, or have given up and moved away. However the Governors’ Emergency Proclamation Relating to Housing (EP), while well intentioned – is not the answer.

The Governor’s EP needs to be dramatically re-imagined and re-written, or trashed altogether. Unless affordability is required and protected within the proposal – it’s all for naught.

Before politics, I owned a real estate company on Kauaʻi and dealt personally, face to face, with many a “deal-maker”. I’ve been a general partner in two residential development projects.

I’ve been in the room when the deal-maker is making the deal, driving the price of the property down, pushing back against the requirements of government, and pushing up on the price of the finished product – all to maximize profits.

Without a written binding mandate requiring affordability, the push to maximize profits trumps the best of all intentions.

I’ve been in rooms overflowing with friends and neighbors, voicing their objections and expressing their concerns about various developments – sometimes winning and sometimes not.

Chapter 92 and the Sunshine Law are crucial and necessary for these conversations to even exist.

While serving on the County Council I saw the deal-makers come and go, telling us always how much they loved our community, how they would develop the best product possible, and beg us to grant them additional entitlements – increasing their profits.

Always, without fail they would ask for more. They then would flip the property (along with it’s “entitlements”) to the next developer in line, who comes back to ask for more again.

I was there when the landowner of what is now known as Kukuiʻula came before the Council to beg for increased entitlements. They wanted to build a shopping center, luxury housing, and possibly a hotel. Years earlier it was zoned agricultural then was changed to residential after the owners promised it would be developed as homes for local Koloa residents “for generations to come”.

It was a lie of course. Kukuiʻula today is only for the wealthy, with single family homes selling for over $10 million, luxury vacation rentals, a private members-only club – and yes, with token affordable housing stuck somewhere in the hinterland (of course without club privileges).

Without requiring strict development deadlines in exchange for government help, subsidies, and new entitlements, developers will too often just “land bank” their growing investment – always coming back for more.

Developers want less regulation and higher sales prices so they make more money.

While serving in the Senate it seemed like an annual ritual – every year they were at the Capitol, pushing legislation to remove/reduce the Land Use Commission and Chapter 343 (protecting health and environment).

The answer to faster permitting is increased staffing and modern technology. This important element is left out of the EP – entirely.

As a past Director of the Office of Environmental Quality Control (OEQC), I learned no developer wants their project scrutinized for environmental impact. Under the EP this legal requirement turns into a self-reporting perfunctory “check the box”. Yep, we gave it a look…no impacts…move along nothing to see here. The EP contains no right for the public to question, object to, or appeal approval of the developers application or ultimate project certification.

Bottom line:

The Governors Housing Emergency Proclamation increases profitability for landowners, developers, and investors, provides nothing in writing that ensures or protects affordability for residents, and throws under the bus far too many important environmental and public trust protections.

If you share these concerns, please contact Governor Green today at: https://governor.hawaii.gov/contact-us/contact-the-governor/
Politely and professionally please – ask that he consider putting this initiative on hold and taking it back to the drawing board.

Gary Hooser

first published by Honolulu StarAdvertiser August 13, 2023

While our world locally marches forward in a seemingly normal manner, for friends and family on Maui, that same world has been turned upside down.

I remember the post-Hurricane Iniki days. I remember living without electricity for months, the National Guard bringing around the MRI’s, and standing in long lines waiting patiently with cooler in hand for ice.

I remember the fear of losing both my business and my home, and moving my family of 4 in with my brother and his family of 4, plus my wife’s parents and her sister- 11 of us living in a 3 bedroom house.

I remember going through my half destroyed home, salvaging photos and personal momentos’s – praying that I had paid the insurance bill. I remember the checks that used to come in the mail and our jobs that had sustained us comfortably- were all gone.

I remember wondering if our lives would ever return to normal again.

Sadly for far too many of our friends on Maui, normal will never return.

Take the Iniki experience and multiply it by 1,000 and maybe it starts to approach the trauma that is the Maui disaster.

The people of Maui are strong, resilient, and possess a shared spirit of aloha- that will in the end, carry the day. But we must help them, just as they stepped up to help us following Iniki.

We must help and support our friends, and honor the many acts of heroism that have occurred and have yet to occur. Think for a moment of those firefighters who may have also lost their own homes and yet continue even today- exhausted, overwhelmed, and no doubt disappointed they could not have done more.

And yes, we must learn the lessons as best we can from this terrible disaster to ensure it never ever happens again.

There are many non profit organizations and the County, State and Federal governments all stepping up in various capacities- but the task at hand is formidable. We must also dig deep and help our brothers and sisters on the valley island.

Please help if you can.

We who do not live on Maui, must send them our support and our prayers, but also keep on, keeping on with the regular business of the day. Unfortunately the multitude of ongoing issues and local challenges do not step aside and wait patiently while attention is focused on the disaster, the sadness, and the hardship.

But for today, it’s Maui on our mind.

Gary Hooser
First published in The Garden Island August 16th

It’s been over a month since I’ve posted anything here and there’s lots to catch up on.

Been traveling…on a bit of a “walk-about” – both literally (5 to 10 miles a day) and figuratively (lots of reflection, introspection, and contemplation)…

My daughter, Kelli-Rose Hooser Simmons, gave birth a few days ago to a beautiful little baby girl – “Harper Camille”…who is the 4th Hooser grandchild/moʻopuna. Though the birthing journey was a bit of a challenge, both daughter and granddaughter are healthy and doing well.

While traveling, I’ve been doing my best to keep up with email, text, and telephone – but it has been challenging doing 100% of my work on my phone. My goal it to begin a new chapter…do a bit of a “reset” and begin again writing and working and supporting and yes fighting 😉

Remember “Power concedes nothing without a demand. It never did and it never will. Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them, and these will continue till they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress.”
― Frederick Douglass

During this past month, I’ve continued to write my weekly The Garden Island column and I also had a column published in the Honolulu StarAdvertiser.

In the coming days I will post those columns here as well. And…I will dig into the story and provide more details on my “walk-about” and those adventures of the recent 45 days or so.

Yours,

Gary Hooser

Governor Green’s Emergency Housing Proclamation represents a bold opportunity for developers, for investors, bankers, contractors, and real estate investors moving here from the continent.

Local residents desperately in need of affordable housing are last in line.

The proclamation is bold, but flawed. While we want to trust the governor’s intent and believe those responsible for implementing that intent will do the right thing, it’s the actual language in the proclamation that matters.

There is no language in the proclamation stating that in return for receiving the benefits of certification, the housing being developed must be affordable.

There is language in the proclamation’s rules that states “The amount of affordable housing included in the project may affect the priority given to the project.”

The use of the word “may” rather than “shall” says it all. If the primary purpose is to increase affordable housing for local residents, the word “SHALL” would be there in all caps.

This isn’t just semantics. In the world of lawmaking the words may and shall have totally different meanings.

There’s no language to prevent the brand new homes from being sold or rented to those fresh off the plane.

There’s nothing to stop those brand new residents in five years, or after “any other unforeseeable occurrence” (see Rules section 2 page 2) to sell their new home for a profit, get back on the plane and go back from whence they came.

There are no requirements the homes be sold to “first time home-buyers”; no income requirements ensuring affordability; no price caps; and no prohibitions against “flipping” the property for a windfall profit.

There is a requirement that developers provide a project application, summary, over-view, check-list, describing the project and including any affordability components that may be included.

There’s a “working group,” which will “facilitate review” and “engage entities with key roles…” etc. The State Lead Housing Officer (LHO) will also chair the group, and can “determine that certain state or county projects may proceed without first being certified by the Build Beyond Barriers Working Group.”

The proclamation removes the existing authority of county council’s to review and approve 201-H affordable housing proposals and gives that power to a single appointed individual — the county planning director.

To put a point on it: The Emergency Housing Proclamation grants increased profit opportunities to developers, does not require housing affordability, and grants the authority to pick and choose which projects benefit — to a single individual appointed by the governor (with no requirement for Senate confirmation) and/or the county planning director.

It gets worse.

The proclamation suspends Chapter 92, the Hawaii Sunshine Law, which means the public will not know when the Build Beyond Barriers Working Group meets, nor what is on their agenda.

We’ve been told the intent is to keep the public informed and allow opportunities for meaningful participation, however suspension of the Sunshine Law means it’s all discretionary.

Sometimes they’ll let us know and let us talk, and other times if they’re in a hurry or just don’t want to deal with the public, they will not.

Other laws being suspended impact environmental protection, the procurement code, collective bargaining, the Land Use Commission, historic preservation, and many others.

I’m thinking the governor got some bad advice on this one.

My hope is he takes this back to the drawing board, consults with a broader range of stakeholders and rewrites it from top to bottom in the sunshine, putting forth true affordable housing as the only priority, and not throwing the environment and other important public values under the bus to get there.

Read the Emergency Housing Proclamation. https://tinyurl.com/bdfszdkn. Come to your own conclusions – then contact the Governor https://governor.hawaii.gov/contact-us/contact-the-governor/ .

2024 will be a big year in national politics but locally on Kauaʻi it may be a bit “ho hum”. There’s no Governors race, no Mayors race, our 4 state legislative seats seem locked up, and movement on the Council will likely be minimal.

While 2024 may or may not provide much local excitement, 2026 is for sure going to be big.

In 2026, Kauaʻi will elect a new Mayor and more than likely at least 3 new Council Members. In addition the Governor and the Lieutenant Governor are both up for re-election. Also all 3 State House House and our single State Senate seat will be up.

Mayor Derek Kawakami will complete his final term as Mayor in 2026.

This of course begs the question: Who is the heir apparent? Who is most likely to run? Who has a chance of winning?

These questions turn quickly to the obvious: Who has run before? Who already has name recognition? Who among council members has consistently finished at the top of that voting pile?

The present Council Chair Mel Rapozo has already run for Mayor twice first in 2008 and then again in 2018. I’m guessing he’s thinking “third time’s a charm”.

Former Council Member Mason Chock received more votes than any other Council candidate in 2020 and 2018 prior to getting termed out and unable to run in 2022.

Most political observers would say both are strong potential candidates for Mayor in 2026. But who else? What other well known and respected community members are out there looking to “step up” to a higher level of service?

The obvious elephant in the room is whether or not former Mayor Bernard Carvalho will seek that office again. He is legally able to run as the Charter states “No person shall serve as mayor for more than two consecutive full terms.”

The Kauaʻi Council likewise has term limits supported by similar Charter language.

The interpretation of the Charter term limit provision is that if one “sits out” a term they can then run again.

Council members Felicia Cowden and KipuKai Kuali’i are also both “termed out” in 2026 (assuming they’re reelected in 2024).

Translation: It’s quite possible there will be at least 3 if not 4 “open seats” (no incumbent running) for the election to Kauaʻi County Council in 2026. Kuali’i and Cowden are not able to run and it’s highly likely that either Rapozo and/or Carvalho will leave the Council to run for Mayor. IMHO.

Who else might run for Mayor? Who will be running to fill those vacant Council seats? What will then former Mayor Kawakami do (he’s far to young to just sit on the sidelines and watch).

Assuming Carvalho runs, conventional wisdom is that he would be the front-runner. While his term on the Council has been uneventful, some would even say uninspiring – in the political world he seems to excel at making others smile.

Rapozo on the other hand is a true populist and knows how to fire up a crowd. If he should manage to follow through on some of his big ideas and table thumping speeches, I believe he could actually win.

Chock, is a guy that inspires trust and confidence and he’s able to step across lines, connect with a variety of perspectives, and build alliances. If he chooses to run, he also would be a formidable force at the ballot box. Or maybe he runs for election to get back on the Council? Or perhaps he’s had enough of politics and prefers working in the private or nonprofit sector -still doing solid community work but without the hassles of campaigns and elections?

Who will fill those 3 (at least) Council seats? That’s very hard to say and today there’s not enough room to say it – given my 630 word limit for this (The Garden Island) column 😉

Note to myself: Write something up similarly for each County – across the island chain. #itsfuntospeculate

If you’re a regular reader and have the capacity to do so, making an online contribution to Pono Hawaiʻi Initiative today would be hugely helpful.

There, I said it.

Fundraising 101 – Rule #1 – You gotta ask.

It’s hard. Normally I wait way too long and keep thinking the money will just show up, perhaps fall from a nearby tree.

But the truth is, the money doesn’t just show up – You have to ask.

So I’m asking. On behalf of Pono Hawaiʻi Initiative – Are you able to help today, prior to August 1?

That’s rule #2 – The asking should not be just open-ended, but should be tied to a date and to a purpose which is rule #3.

While administrative costs for Pono Hawaiʻi Initiative (PHI) are minimal, we do have expenses that must be paid – accounting, travel between islands, incidental research, printing on occasion etc. When sufficient funding allows for it I will sometimes receive a small stipend that helps with the day-to-day expenses that I incur going about the business of being a full time advocate.

Rule #5 – Disclose anything that needs to be disclosed so the donor is fully informed
Note: For the record none of the contributions received via todays request will be used for lobbying or for the direct support or opposition of any candidate running for public office. Note2: While PHI is a 501c(4) nonprofit entity – contributions are not deductible as charitable contributions.

Rule #6 – Ask for a specific amount.

The formula. Ask. Ask for a specific amount, for a specific purpose, by a specific date.

Whether $10 or $1,000, any and all help is welcome and much needed. Our goal is to raise $8,000 between now and August 1, which will cover our core administrative costs through to the end of 2023. If you prefer mailing in a check: Pono Hawaiʻi Initiative, P.O. Box 871, Honolulu, HI 96808.

Rule #7 – Ask again and say thank you.

Please – If you can help Pono Hawaiʻi Initiative (PHI) with an online contribution, now is a good time. The cupboard is bare. We have administrative costs that must be paid and any amount from $10 to $1,000 before August 1 would be hugely appreciated, help us reach our $8,000 goal and take us to the end of the year.

Mahalo to all. Truly. Your support and your ongoing help is greatly appreciated.

Sincerely,
Gary Hooser
Executive Director
Pono Hawaiʻi Initiative

If you are interested in running for election to public office in Hawaiʻi (or anywhere really), below is information intended to help guide you through the process. The information is based on my experience running myself in 10 elections – winning 6 and losing 4 AND based on many, many conversations with other candidates. Note: This is a work in progress which I will continue adding to…through at least until the actual elections of 2024. Each piece is about 700 words…so not long reads. My intent is to continue updating this including additional info on different related topics…until the end of the 2024 elections.

Campaigning 101 – Hawaiʻi Style

#1 – 2024 Candidates – first steps

#2 – The sometimes not so obvious basics

#3 – What’s the worst thing someone’s going to say about you?

#4 – Tips on winning – Who is actually voting?

#5 – The rough and tumble of policy and politics – self care

#6 – What makes a good candidate? Purple mohawks need not apply

#? – What campaigning 24/7 looks like 17 days out from election day

Fundraising basics: A real life, real time example

Copyright – 2023 Gary Hooser – Policy and Politics

It was Tuesday July 11, 2023, and the room was packed. The issue at hand was a luxury residential development proposed for Kaua‘i’s south-side. The majority were in opposition, their attendance driven by deep concerns for Kaua‘i’s future. Most of those in support were, directly or indirectly, paid to be there.

It’s of course, all about the money. Those who have money want more of it, those without it mostly just want to have a decent life, and not have their homes and backyards screwed up.

The story is typical, and the same on every island. The landowner/developer, who already has money, wants more of it. He (it’s almost always a he) makes more money by selling luxury homes to other people with money (who are almost never from here, but do visit occasionally).

To maximize profits (la-di-da words for making even more money), during the permitting process the developer/owner seeks to reduce provisions requiring investments in infrastructure, affordable housing, parks, drainage, sewer, parking, public access, etc.

Greenwashing environmental reviews and minimizing historical and cultural impacts are also standard operating procedure.

They hire former government insiders (locals, preferably Hawaiians), so when negotiating with current government insiders, it’s all just friends talking with friends (let’s go down to Roy’s, knock back a few and sort this all out).

Once the owner/developer secures the required permits on the very best terms possible, they either “flip” the property to another faceless owner/developer, and/or they break ground and start construction.

The “how to make money in real estate” playbook then calls for the landowner/developer to go back to the various government agencies, plead hardship and unforeseen costs, and “seek further concessions.”

Out of one side of their mouth, they assure us they mean well, promise this time it will be better, and ask us to trust them yet again. Out of the other side, they not so subtly begin waving around words like, “If you guys cause us to lose money we are going to sue you and it won’t be pretty.”

The various government agencies (who in the back of their mind are afraid they may have neglected to cross some “t’s” and dot some “i’s”) then go to the county attorney (no, not the attorney who’s representing the owner/developer, that’s the former county attorney or former deputy county attorney). The real and current county attorney then advises the agency to be careful and do what they can to help the former county attorney and/or former deputy county attorney navigate the challenges (read — make more money for the owner/developer) and avoid a messy lawsuit.

Yes, unfortunately it’s all very predictable, and it’s why people in the room that day were so angry, sad and disillusioned.

The old-timers had seen it all before. They made no attempt to mask the disgust, the cynicism and anger in their voices.

Others spoke with passion describing the desecration, the deceit and the sordid history of the project — pleading with the planning commission to do the right thing.

It was the voice of a young kanaka woman testifying from deep within her heart about the ugly, historical and ongoing injustice of it all — that moved the room for many of us.

Fortunately, the planning commission voted in support of allowing community groups Save Koloa and Friends of Maha‘ulepu the right to intervene and deferred action on the owner/developers request.

For the community, it was a win. It’s a long way from being over, but on this day the community won. Mahalo to planning commissioners and staff.

Mahalo most of all to those in the room who took the time to show up.