GaryHooser's Blog

The Kauaʻi County Council agenda set for Wednesday 09/21/22 includes Resolution 2022-28 which proposes to transfer to The Grove Farm Company (Grove Farm) approximately $7 million in taxpayer-funded property improvements, newly constructed buildings, related infrastructure, and nearly 6 acres of land – that same land that Grove Farm had previously given to the County.

You can’t make this stuff up. Read the Resolution (https://bit.ly/3Bq2xv8) but also read between the lines.

It seems that the agreement between Grove Farm and the County included a provision that said that if there was not sufficient progress within two years, then the property would revert back to Grove Farm. It further appears that Grove Farm isn’t willing to cut the County any slack on this deadline due to a global pandemic.

Consequently, they have taken us to court seeking a return of the land (which now includes $7 million in improvements).

If Resolution 2022-28 passes, Grove Farm which both literally and figuratively already owns most of Lihue, will receive from the County a brand new 16,000-square-foot residential complex sitting on 5.8 acres of land. This includes enough living space for 16 people to reside there full-time. There’s a separate wing for other uses, there are classrooms that could also be used as offices, and there is a certified kitchen.

According to multiple media reports the construction of the facilities cost the County at least $7 million and was paid for via State and County taxpayer funds, plus private donations.

The County will be giving all of this to Grove Farm in return for their promise to utilize the property “solely for use for adult and adolescent health care purposes”.

That’s it. We give you $7 million and the land, and you promise to fulfill those 10 words (apparently in any shape or fashion that you choose).

Does this mean Grove Farm can then turn around and receive a $10 million dollar tax benefit by donating the entire property to a religious institution that promises to run a faith-based drug treatment program?

Can they sell or lease the property to a profit-focused luxury rehab company, that focuses on serving the rich and famous such as CAPO by the Sea, Passages Malibu, and so many others?

Are future occupants of the property even required to include drug addiction treatment in the services they offer?

Nothing in the Resolution nor in the proposed deed restrictions requires Grove Farm to only use the property for an adolescent treatment and health center for local kids, as was envisioned by the community and sold to donors both public and private. There is no requirement to repay the County should Grove Farm sell or lease the property for a profit.

No doubt, everyone involved has good intentions. The County and Grove Farm both might want to fulfill the communities dream and its needs, but good intentions are not enough.

And if the agreement is not spelled out clearly in writing, it doesn’t exist.

Kauaʻi has a serious drug problem and there is no on-island residential treatment facility available for our young people who want and need help.

I was newly elected and serving on the Kauaʻi County Council in 2013, and voted in support of various measures that moved this project along. I remember having doubts about its financial viability. I voted for it because I knew in my heart how badly our community needs it and I knew that no one else was going to step up and do this, so the County must.

As a State Senator, I remember taking calls from parents desperately seeking a place for their son or daughter who was literally begging to check in somewhere to detox, clean up, and get well. But for these parents, there were no options for residential treatment on Kauaʻi, and statewide there were only waiting lists.

My hope today is that the Council will put Resolution 2022-28 and the proposed transfer on hold.

At the very minimum, the language in the document must be rethought and reworked to protect the taxpayer and ensure the vision.

We’ve come too far on this to just throw it all away.

Gary Hooser
http://www.garyhooser.com

Thirty years ago — on Sept. 11, 1992 — Hurricane ʻIniki made landfall as a Category 4 hurricane destroying many homes and businesses including the property then known as the Coco Palms Hotel Resort located on the sacred lands of Wailuanuiahoʻāno.

Since then a seemingly endless stream of owners/developers/speculators have made our community endless promises and then gone on to break them. Over and over again they come before the Council and the Planning Commission, hat in hand, heads bowed, pledging their love for the island, speaking in lofty platitudes about the special nature of the place.

Over and over again, they come and they go – another smiling face from some other place, another actor following the same predictable script.

And the County has been the willing rube, hoping and wishing that with the next round of cards we will win and can then leave the table happy.

This is a game of 3 card monte folks and it’s well past time for us to end the con and send the dealer packing.

We don’t owe the owner/developer anything. We don’t owe them a profit and we don’t even owe them the right to build a hotel. Franky, for decades the County has bent over backward to help these folks and has gotten nothing but hollow promises in return.

Yes, the property is zoned for a hotel. But any such development must be approved and constructed according to today’s County and State laws – not the laws in place in 1952 or in 1992 but in place today.

Continuing to allow development based on a hotel footprint and density from 1952, without requiring them to build to today’s standards and without any environmental review as is required by state law HRS343 is both bad planning and illegal.

Yes, it made sense to help homeowners and businesses in the time immediately following ʻIniki. But this 30 years later stuff is nonsense.

The historical and cultural value of this property, properly referred to as Wailuanuiahoʻāno is immeasurable.

An owner that truly honored this value and cared about our community would have demolished the buildings, cleaned up the property, and partnered in restoration efforts with community groups a long, long time ago.

As the former home of Hawaiian royalty, and the final resting place of ancient iwi kūpuna, Wailuanuiahoʻāno is literally hallowed ground.

But for the various Utah-based LLC’s, insurance companies, real estate speculators, and deal-makers who have controlled this property over the past 30 years – it’s just a line on a balance sheet to be sold, traded, or borrowed against – over and over again.

The developer/owners of this property will say anything to maintain their permits and thus keep the property value at its highest point possible.

But the jig is up.

It’s time for the County to pull the plug, say enough is enough, and send the owner back to the drawing board. Too many promises have been broken, too much time has passed, too little progress has been made, and the County is legally entitled to revoke its prior approvals and require the owner to comply with today’s State and County laws.

Whether you agree or disagree, I encourage you to email Mayor Derek Kawakami mayor@kauai.gov as well as the Kauai Planning Commission planningdepartment@kauai.gov and let them know you you feel about this – professional and courteous as always, please.

Soon, there will be still yet another meeting when the owners’ representative, whomever that new person may be – will come before the Planning Commission to make more promises. Please let our County leaders know, – enough already.

Gary Hooser
http://www.garyhooser.com

We don’t want to end up like Maui has been the refrain of many a Kaua`i resident fighting to preserve our rural character. On Maui, I’m guessing they say, “We don’t want to end up like O‘ahu”.

But when it comes to policy and politics, the Maui County Council is now leading in many areas. In just the past 5 years, they’ve gone from being a voice for the pro-development, pro-growth, pro-tourism business sector, to now being a voice for balanced growth, environmental protection, and for the average local resident.

I’m thinking and hoping our own Kaua`i County Council and all of Hawaiʻi actually, might learn from the good, forward-thinking public policy work now being done by the Maui County Council.

So what exactly have they done?

A majority on the Maui Council voted to eliminate county funding for tourism promotion and instead allocated funds toward micro-grants for small farmers,- focusing on locally-owned farms that produce food for local consumption.

They created a Maui County Department of Agriculture dedicated to supporting local Maui farmers.

In addressing over-tourism, the Maui Council passed a moratorium on new hotel and short-term rental development while the County develops a plan to better manage tourism, balance the economy by investing in other industries, and provide more housing for residents.

The Maui Council also has passed into law an ordinance prohibiting the use of synthetic pesticides and fertilizers on all county-owned and managed land. Only the use of methods compatible with organic systems and permitted under the USDA National Organic Program may now be used on County property.

This new law bans the use of glyphosate (and other toxic, synthetic herbicides) from use on County roads, parks, and other county facilities. Glyphosate, commonly referred to as “Round-Up,” has been proven to increase the risk of non-Hodgkin lymphoma by 41 percent.

The Maui Council also enabled the electorate to amend the charter through a ballot question to dedicate 3% of property tax revenue toward affordable housing – which the voters approved.

A similar measure dedicating 2% of Kaua`i tax revenue to support affordable housing recently fell short by a single vote.

The Maui Council voted to increase taxes on hotels, vacant luxury investment properties, and vacation rentals while decreasing taxes on owner-occupied homes and long-term rentals.

Once again, a similar Kaua`i County Council proposal to increase transient vacation rental tax rates to support affordable housing failed. In this case, falling two votes short of approval.

To stop the pricing out of generational families from their ancestral land, Maui passed what is referred to as their ‘Āina Kūpuna legislation – which provides tax relief to lineal descendants struggling with a steep rise in property taxes due to skyrocketing real estate values.

In addressing individuals currently unsheltered, the Maui Council established the Commission on Healing Solutions for Homelessness and is in the process of creating a safe and legal space for residents who are living in their cars, to sleep at night. This would not be a houseless camp open 24/7, but simply a dedicated, secure, and safe parking area open only in the evening.

I’m thinking and hoping our own Kaua`i County Council, the one that will be elected on November 8, will learn from and possibly emulate some of the good work being done on Maui. Perhaps the two Councils can learn from the experiences of the other, and the residents of both Counties will benefit.

Kaua`i County could also use a moratorium on new hotel development tied perhaps to an environmental impact study establishing limits based on carrying capacity.

The funding of micro-grants for small local farmers, local food processors and shared commercial kitchen facilities is another worthy public policy initiative.

And yes, Kaua`i County workers should not be exposed to cancer-causing chemicals as part of their daily work. And Kaua`i residents should be able to enjoy County parks without wondering what chemicals have been sprayed in the grassy areas where their children are playing.

Daily I hear from friends who have full-time jobs but are unable to find affordable housing. Some are forced to live in their car or van. They tell me firsthand of how they are awakened in the middle of the night by the police or private security, telling them to “move along” or risk getting arrested. All they want and need is a safe, legal place to park for the night. Our Kaua`i Council could make this happen as well.

There is no shortage of wealth in our community and no shortage of need. Increased taxes on hotels, vacant luxury homes, and vacation rentals, while decreasing taxes on owner-occupied homes and truly affordable rentals only makes sense.

To their credit, Council Vice-Chair Mason Chock and Councilmember Luke Evslin have proposed several solid measures that if passed would have moved Kaua`i County forward, especially with regard to affordable housing.

Unfortunately, those measures failed due to the lack of just one or two votes.

My hope is that on November 8, Kaua`i voters and voters throughout the islands will elect individuals who see and feel deeply the needs of our residents, who are willing to make the tough decisions, and who will be that one extra vote needed to make good things happen.

Closing note: Yes, the big money, big business, big development, and big tourism interests on Maui are not happy campers and are mounting a SuprePac dark money campaign to elect their own pro-development candidates. We of course have to push back and protect and support those candidates who put people and the planet above corporate profits and outside influence.

From Civil Beat, “A number of those candidates, especially those backed by Maui’s progressive movement, have pledged to reject cash from corporate donors and special interest groups. At the same time, donors from Maui’s political establishment — like developers, real estate investors and their attorneys — are pouring thousands of dollars into their opponents’ campaigns.” More on this topic is coming soon.

Gary Hooser
*The basic substance of the above email was first published as my weekly column in The Garden Island Newspaper on 09/07/22.

Let’s use our collective “hive-mind” to develop state laws that push back against dark money SuperPacs.

We might not be able to pass federal legislation and Citizens United means we cannot limit the amount of money they are spending to buy our elections – but there are things we can do at the state level.

To start the discussion: Here are three ideas/proposals that could be used to counter the impact of SuperPacs. Please add your ideas, suggestions, and thoughts in the comment section on my blog if possible.

 1. Establish a significant state tax or fee on SuperPacs. This should adjust according to the amount of funding they spend on actions to support or oppose candidates. Proceeds of this tax/fee would be used to finance publicly funded elections.
  Note1 – Almost every state has a variety of taxes charged for different reasons: sales tax, general excise tax, liquor tax, tobacco tax, hotel room tax etc. Clearly different items and services may be charged different taxes. It would seem reasonable that political advertising, that supports or opposes candidates could be charged a separate additional tax. Another example: Property taxes are much higher on “investor-owned” properties than on “owner-occupied” properties – it would seem reasonable then that a tax on SuperPac advertising could be much higher than a tax on individual candidate advertising.
  Note2 – Some states already require a “filing fee” for “non-candidate committees” when registering with the campaign spending commission/authority. A similar filing fee could possibly be charged to SuperPacs and “scaled up” depending on the amount of funds it expends.
 
2. Require SuperPacs to provide for public review their proposed electioneering materials in advance of the actual commercial dissemination. This would allow all parties the time needed to review for accuracy and respond as may be appropriate.
·   Note1 – The Hawaiʻi Campaign Spending Commission already requires non-candidate committees, including SuperPacs, to comply with an existing electioneering disclosure requirement. https://ags.hawaii.gov/campaign/electioneering-communications/  “An electioneering communication means any advertisement that is broadcast from a cable, satellite, television, or radio broadcast station; published in any periodical or newspaper or by electronic means, or sent by mail…that is not susceptible to any reasonable interpretation other than as an appeal to vote for or against a specific candidate.”
   Note2 – Under existing Hawaiʻi law this requirement does not apply to candidates or candidate committees but does apply to non-candidate committees such as SuperPacs.
   Note3 – This proposal only involves expanding the existing requirement so that it includes “advance notice” and an actual copy of the “electioneering communication” to be made public at the time of that notice.
 
3. Require SuperPacs to present their “advertising disclosures” already now required by law, in a manner that meets the spirit and intent of the Americans with Disabilities Act (ADA) so that viewers of the television and radio advertisements can actually see, read, and hear the words describing who the sponsor of the ad is and other legally required information
    Note1 – At the present time the common practice of SuperPacs is to have the audio disclosure be stated so fast that it is often literally impossible to understand, and visual disclosure similarly so small and/or flashed on the screen so quickly that it is unreadable.

Gary Hooser
http://www.garyhooser.com
former Hawaiʻi State Senator

Please email me directly at garylhooser@gmail.com AND post your ideas and suggestions for other state laws that might be passed to help regulate SuperPacs.

Let’s get rid of this crap.

It’s time to pivot to policy. 

Mail-in voting for the general election begins around October 20th, with votes counted on November 8th. The 2023 legislative session opens on January 18th. Subtract out major holidays – and you can see there are not a whole lot of days left to prepare for the session.

The issues and proposals around ethics, lobbying, and campaign finance reform will hopefully be at the top of the 2023 legislative agenda.

I’m cautiously optimistic that the recommendations due on December 2 from the “Commission to Improve Standards of Conduct (CISC)” will include the strong specific legislative proposals needed to help clean up our government, disempower the lobbying class, and level the playing field for candidates.

The Commission was initiated and established by the State House of Representatives in response to a federal investigation that’s put two legislators in prison for accepting bribes.

Its purpose is to review and assess existing state laws and rules and provide recommendations to further the goals of the Code of Ethics, lobbying laws, campaign finance laws, and other applicable laws…” (paraphrased)

I’ve attended via Zoom a few of the Commission meetings and have been impressed with the quality discussion and earnestness expressed by Chair Judge Daniel R. Foley (retired) and the various Commission members.

The Commission continues to discuss and consider a long list of issues and proposals. They are actively seeking additional public input.

My hope is that the below list of proposals, or similar, will be included in their final recommendations offered to the legislature.

1) Allow voters to decide whether or not to establish term limits for State legislators. *Legislators in 15 other states including California are term-limited.

2) Establish a publicly fully funded election program providing qualified candidates sufficient means to run credible campaigns. Maine and Arizona both have established successful programs that can serve as models.
  
3) Require the legislature to comply with the state constitution Article III – Section 12 which says: “Every meeting of a committee in either house or of a committee comprised of a member or members of both houses held for the purpose of making a decision on matters referred to the committee shall be open to the public.” *In other words ban backroom secret meetings that now occur in both the conference committee process and in regular committee meetings.

4) Require recorded votes by committee members for every decision impacting bills referred to their committee. Remove the unilateral power of the Chair replacing it with rules making it clear that the Chair may make decision recommendations, but all decisions are validated and made public by a recorded vote of committee members. *The current practice of allowing the Chair to kill bills, behind closed doors, without a vote, violates the core principles of our democracy and is inherently corrupt.

5) Require all elected officials in State or County office to disclose all outside income. This disclosure shall include the specific source of the income, the amount of income received, and the service provided in return for that income. *This should include client/consultant income from LLCs owned in whole or part by the elected official, and include income from legal clients of those elected officials who are also private attorneys.
 
6) Restrict the use of campaign funds for use only in the campaign cycle they are donated in, and only for activities directly related to that campaign. *This means no hoarding of funds, and stopping the practice of using campaign funds as a general slush fund for non-campaign-related purposes.

Other important but less systemic in nature initiatives:

* Ban the acceptance or solicitation of campaign contributions during the legislative session. *28 other states place restrictions on giving and receiving campaign contributions during the legislative session.

* Ban all campaign contributions from corporations and registered lobbyists.*22 other states completely prohibit corporations from contributing to political campaigns.

* Reduce the maximum campaign contribution to $500.

Whether you support the above proposals or not, or if you have suggestions to improve them, and/or if you have other thoughts or ideas to offer – PLEASE PARTICIPATE IN THIS VALUABLE DISCUSSION AND LET YOUR VOICE BE HEARD. Email the Commission directly at StandardsofConduct@capitol.hawaii.gov

All comments and testimony is placed on their webpage and available for public review at https://www.capitol.hawaii.gov/specialcommittee.aspx?comm=cisc&year=2022

This is important. I truly believe the CISC Commission is taking its job seriously and will do the right thing, but strong and broad-based public input is an essential element of making this happen.

Gary Hooser

I wanted to check in briefly, say thank you, and apologize if I’ve not gotten back or responded to you promptly over the past 45 days or so.

Needless to say, I’ve been swamped with pre and post-primary election activity.

And I’ve been immersed in family activities. I’ve been enjoying time spent with my son Dylan and his awesome wife Leeona, momma of my new granddaughter Kaliyah and grandson Rixon who’s a big boy now attending Kindergarten at Kōloa School. Claudette and I have also been fortunate to be able to spend time with our daughter and my political confidant Kelli-Rose, mother of the ever-precocious 5-year-old Isabella, while her daddy our son-in-law Justin, is deployed overseas. (family photos at bottom)

In addition, my Kaua`i family has been hosting an array of nieces, nephews, grandnieces and nephews, cousins, and friends paying us long overdue summer visits – forcing me to stop, smell the pīkake, and enjoy the ocean.

And my beautiful mother Loretta Eileen Barron turned 90 years old! We joined her, my dad, other siblings, and still yet more cousins, nieces, and nephews for a wonderful birthday celebration.

So yes, my summer has been jam-packed. I’ve been doing my best to squeeze in email, text message, and zoom meetings but it’s been between extended conversations with 5-year-olds, long days hanging out at Keʻe, Hanalei, and Poʻipū Beach Park – and sometimes just stretched out with my incredible newborn granddaughter sleeping on my chest.

Now you know why if I’ve not responded to you promptly or missed responding completely over the past few months – it’s for good reason.

With the primary election now over, the summer guests departed, the grandchildren all accounted for, and my beautiful mother over the 90-year milestone – I’m spending some time catching up.

Job #1 is to personally thank the candidates and those that actively helped them. They deserve huge kudos from all of us.

To those who have been there helping, and working with me side by side over the years, please know that you are greatly appreciated. Whether that help is via a simple message of acknowledgment, forwarding of calls-to-action to your networks, or financial support to the Pono Hawaiʻi Initiative (PHI) – please know that I greatly value your help and encouragement.

And yes! PHI achieved and actually surpassed its recent fundraising goal!

Mahalo to all who were able to offer a contribution, large or small – and of course with more, we can do more 😉

My coming week will be spent “clearing my desk” catching up and following up with individual emails, texts, and calls – and scheduling future personal meet-ups on every island.

If for any reason I’ve missed responding to a question or request you’ve made in the past, and/or if you want to connect on something new – please do not hesitate to reach out.

Bottom line – know that I greatly appreciate your support and your involvement in our common quest to help make our community and our world a better place.

Sincerely,
Gary Hooser (http://www.garyhooser.com)
Read Hooser blog post “Coco Palms Resort goes rent-seeking and continues to play 3 card monte with Kaua`i County”

Must read special guest post by Dawn Morais Webster (also published in Honolulu StarAdvertiser) Democracy Faces A Crisis In Hawaiʻi

Some family photos you might enjoy 😉

Me and Mom at her 90th birthday party!

Me and the youngest member of our family Kaliyah!

Rixon and Isabella – growing up way to fast!

Ohana at Haʻena Beach Park

Ohana food and fun in Koloa.

Maximus Aurelius

Kaliyah is all smiles!

It’s Ground Hog Day, as the Coco Palms Resort development is yet again on the Kauai Planning Commission agenda.

It’s been 30 years and the parade of various owners and developers continue to tell us to trust them, everything is on track, and they will soon be restoring the property to its former glory.

How long will we be fooled?

Allowing a major resort development to proceed based on its original 1952 footprint, utilizing an emergency ordinance passed following a disaster in 1992 that was illegally amended in 2013 to benefit one particular developer/owner, AND does not provide the required HRS 343 environmental review – is wrong, illegal, and without question not in the best interests of the people of Kauai.

As a resident of Wailua Homesteads, I am impacted directly by the proposed development. In reality, every one of us on Kauai is directly impacted.

The significant and immediate impact this project will have on the adjacent shoreline is of special concern. The broader impacts involving historical and cultural preservation, visitor industry carrying capacity, water usage, waste disposal, adjacent wetlands, and affordable housing are also critically important areas of concern. Needless to say, traffic congestion and access to this area is already at or exceeding capacity.

None of these impacts have been evaluated via an environmental assessment or an environmental impact statement – as is required by state law, HRS 343.

As a former Kauai Councilmember and State Senator representing Kauai and Niihau, and as the former statewide Director of the Office of Environmental Control (OEQC), I have worked closely in both the formulation and the implementation of Hawaii’s environmental laws – specifically HRS 343 pertaining to Environmental Impact Statements (EIS).

The County does not have the legal authority to exempt the developer from provisions contained within HRS 343.

It’s clear and unambiguous that the proposed development “triggers Chapter 343” in at least 3 ways.

HRS 343 states in part: An Environmental Assessment shall be required for actions which: Propose the use of state or county lands, propose any use within the shoreline area, propose any use within any historic site as designated in the National Register or Hawaii Register.

In the case of the Coco Palms Resort development all 3 triggers apply.

Appropriate permit conditions needed to mitigate inevitable environmental impacts cannot be put into place until the appropriate environmental reviews have been conducted as is required by State law. Chapter 343 review must come first prior to the issuance of other permits. This legal requirement has not been met and no legal exemption to the law has been put forth.

In addition, the very basis upon which these permits have been granted, the so-called “Iniki Ordinance” which was extended by Kauai County specifically to benefit the Coco Palms Hui, LLC – is fundamentally flawed.

The passage of a “special law” to benefit only a single entity is unconstitutional.

The Hawaii State Constitution states in Section 5. “The legislative power over the lands owned by or under the control of the State and its political subdivisions shall be exercised only by general laws.”

The Hawaii Supreme Court ruled in a unanimous decision on March 16, 2009 that a measure effectively exempting the Hawaii Super Ferry from HRS 343 was unconstitutional because laws may not be written to only benefit specific businesses and must be “general laws”.

I was in the room as a State Senator representing Kauai and Niihau when the law exempting the Superferry was passed, and I voted no. I was also in the Kauai Council Chambers as a Councilmember when the final amendments to the Iniki Ordinance were passed, and I voted no on this as well.

In both cases, both laws were without question written in a manner to specifically benefit a single specific business – which is unconstitutional.

The original Iniki Ordinance was never intended to support real estate speculators, but rather to benefit only Kauai landowners who needed to quickly rebuild their properties.

In summary: The permits now held by the developer/owner are legally flawed and due to the lack of progress on the project, have lapsed. The new owner/developer must be required to reapply, start the process over, and comply with all existing laws, rules, and requirements.

Full disclosure: I am Board President of the Hawaii Alliance for Progressive Action (HAPA), part of a coalition of environmental and social justice organizations in support of a petition before the Planning Commission stating that due to the lack of progress, the developers SMA permit has lapsed. In addition, I am actively working with various members of the community on ideas and actions that might advance an alternative vision for this unique property – one that seeks to preserve, protect, and perpetuate its historical and cultural significance AND does not include a resort component.

Rent-Seeking “The practice of manipulating public policy or economic conditions as a strategy for increasing profits.”

Gary Hooser

The good ole boys are back.

This was the immediate thought that came to me after the first print-out on Saturday night.

As reported recently by Brittany Lyte in Civil Beat, there are currently six women seated on the Maui County Council and five women on the Honolulu and Big Island councils.

But for Kaua`i, not one woman was included in that initial Primary Election print-out. Not one. But it did include the return of former Councilmember’s Mel Rapozo and Ross Kagawa, joining a testosterone-driven line-up of 7.

So for a moment, it seemed that both literally and figuratively – that the good ole boys were indeed back.

Fortunately, by the end of the evening the good ole boys theme was shaken slightly when Councilmember Felicia Cowden beat fellow Councilmember Bill DeCosta out of the coveted #7 position. It’s interesting that while both Carvalho and DeCosta voted to kill the dedicated funding for affordable housing proposal, only DeCosta seemed to pay a price for it.

At the top of the roster, Councilmember Luke Evslin edged out former Mayor Bernard Carvalho for the #1 slot. This achievement is no small feat and a testament to the initiative, hard work, and even-tempered demeanor Evslin brings to the Council table.

The reality of the way the numbers fell on Saturday is that the only other candidate in contention now is Fern Anuenue Holland, who sits at #9. Holland could possibly move up two slots or more in the General to win, but for her to do so means she must exchange places with another candidate who now sits in the top 7. Overall, the positions most vulnerable at the moment appear to be #8 DeCosta (7,101), #7 Cowden (7,116), #6 Bulosan (7,454), and #5 Kagawa (7,738).

The most striking historical example of a come-from-behind win occurred in 2008. At the end of the night following the 2008 Primary, Lani Kawahara sat in the #8 position with 5,793 votes, facing an uphill battle against another all male list of contenders. When the General Election concluded a few short months later, she had won a resounding victory finishing a strong #5 with a vote total of 11,809 votes, beating out among others Ron Kouchi the man who is now Senate President – who fell from being #4 with 7,155 in the Primary to an out-of-the-money #8 and 10,370 votes in the General.

So what else do the returns of August 13 tell us?

While the County races are nonpartisan, for the State and Federal races voters had to choose a political party.

The data shows that on Kauai 12,846 people chose to vote Democrat and 3,455 voted Republican. You can draw your own conclusions from this number. Given the antics of Trump and the national Republican Party, I for one gain some comfort from this.

The Aloha Aina Party had 143 voters, the Green Party 87 voters,, and the Libertarian Party 50.

There are 48,052 registered voters on Kaua`i. Of those registered, 18,499 or about 38.5%, actually voted. That means 29,553 people left their ballots unopened on the kitchen table, unopened and un-voted. It’s a shame really.

Looking deeper at the “precinct breakdowns” shows the communities with the best and worst voting records.

Not surprisingly the area with the absolute best record of voting with 43% of registered voters mailing in their ballots, is Precinct 16-3 Lihue. Also, unfortunately, not surprisingly, and fitting into its stereotype, the area with the worst record of voting is the North Shore, Princeville to Haena – Precinct 15-1 with only 31% turnout.

What does this mean about Kaua`i and elections?

What’s clear is that there are a whole lot of votes sitting on kitchen tables across the island. 29,553 ballots just waiting for the right candidate who can motivate that voter, to open the envelope, mark the box next to their name, and walk the darn thing out to the mail-box.

Gary Hooser
Originally published in The Garden Island 08/19/22
Please sign up for my Policy and Politics email updates at https://policy-and-politics.mailchimpsites.com

The primary election is over they say. Why not just drop it some are saying. Well…primary or no primary this issue is not going away until the Lieutenant Governor and Democratic Party nominee for Governor Josh Green is fully transparent about the outside income he has received while working full-time as our L.G..

I’m thankful the Honolulu StarAdvertiser is now saying the same thing.

But first, some nuts and bolts post-primary results.

I realized this morning that while I’ve been incessantly bugging people about voting, I’ve failed to report promptly to my email list on the results of Saturday night.

There is very good news regarding both Legislative and Council races statewide – but there is also bad and sad news relating to some exceptional individuals who poured their heart and soul into their campaigns, and still fell short.

The past few months have been emotionally draining for many and I’ve tried my best to analyze and report honestly the results in this blog post: From the head and the heart – My post-primary election analysis

The General Election is on November 8th with ballots arriving in mailboxes on or about October 20th just 9 weeks or so from now. While most of my focus will be on the nonpartisan County Council races, I will also be reviewing the Green Party, Aloha Aina Party, and even the Republicans who are challenging Democrats.

As a former Vice Chair of the Democratic Party of Hawaiʻi and presently a member of its State Central Committee (SCC) this is sensitive territory to tread, but I owe it to readers of this blog to give every candidate an honest look – and report back.

Any honest look at all of the candidates running, in all of the races up and down the ticket, will inevitably lead to a conversation about voting for the “lesser of evils” or as I prefer to say the “lesser of imperfects”. Of course, all of us are imperfect, and all of us have strengths and weaknesses.

But that discussion is a complex one and must wait for another day.

Please stay with me while I pivot to the recent Democratic Party “Unity Breakfast”.

I’ve attended a few of these gatherings in the past, most of which I have enjoyed. This year’s event was harder to stomach than in previous years.

Regular readers of my email/blog know that I believe Congressman Ed Case, through his actions and inactions, has caused tangible harm to both people and the planet. Through his affiliation with the Blue Dog Caucus, he played a key role in both the weakening of the Build Back Better agenda, and its ultimate demise.

The Democratic Party of Hawaii itself said via a formal Resolution that Case’s actions concerning passage of the Build Back Better legislation “do not reflect the values and principles” of the party as outlined in its platform, previously adopted resolutions, and mission statement. Read the Civil Beat story: Hawaii Democrats: Rep. Case Does Not Reflect Party’s Values And Principles

With all of that in mind, it would have been hypocritical of me to attend the event, thank him for his service and congratulate him for beating a much better man who actually does reflect the values and principles of the Party.

But to some, I would be labeled a sore loser for not attending because my guy didn’t win.

The gubernatorial nominee for the Democratic Party, Lieutenant Governor Josh Green was of course the main honoree.

I wrote another piece titled: It’s time for the Lieutenant Governor to come clean – in which I support the very reasonable request made by Congressman Kai Kahele and Vicky Cayetano for full disclosure of Green’s outside income sources.

The Honolulu StarAdvertiser agrees and wrote recently, “…Green should make a full financial disclosure about his outside income — an issue raised by his primary-election opponents…”

Lieutenant Governor Green, who is now the Democratic Party nominee for Governor continues to hide the specific sources and amounts of his outside income.

Yet according to some political pundits, Kahele and Cayetano and those of us that supported them – are sore losers because we don’t show up to give him a hug and a lei and say everything is cool now because the primary election is over.

The truth is everything is not cool now. Are we supposed to say that just because he is the Democratic Party nominee he no longer has to be fully transparent with regards to disclosing where his money comes from?

Are we supposed to just look the other way? I don’t think so.

Speaking only for myself, I will have a hard time supporting any candidate who refuses to fully disclose their outside sources of income.

As of this moment, I don’t know what I will do. But I do know that as voters, we deserve an answer to our very reasonable questions before we are asked to cast our vote.

Mahalo for being involved, for supporting candidates, for voting, and for being part of this important conversation.

This I believe is what democracy looks like.

Sincerely,
Gary L. Hooser
https://garyhooser.blog
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Disclosure: No candidate has approved or authorized this email. No one pays me to write or post anything at all. I do this for my grandchildren and our planet.

Right before the polls closed yesterday, a friend asked me how I was feeling. I responded, “Stomach is in knots. I’m thinking we could have a landslide of victories, we could crash and burn, or we could wind up somewhere in-between.”

It’s the in-between scenario that has prevailed.

The short answer is we had some significant wins and some significant losses.

I’m pleased to report strong success in the State House of Representatives.

As of print-out #3 that just came out, 10 State Representatives (*incumbent) endorsed by the Pono Hawaiʻi Initiative (PHI), will be proceeding on to the General Election in November.

*Jeanné Kapela, District 5 (North Kona, South Kona, West Ka’u)
Terez Amato, District 11 (South Maui)
Elle Cochran, District 14 (West Maui, Kahakuloa, Waihee, Waiehu)
Mahina Poepoe, District 13 (Haiku, Ko’olau, Hana, Kaupo, Kipahulu, Paia, Lanai, Moloka’i)
*Adrian Tam, District 24 (Waikiki, McCully, Moiliili)
*Sonny Ganaden, District 30 (Kalihi Kai, Pearl Harbor/Hickam)
Corey Rosenlee, District 39 (‘Ewa, Waipahu, Kunia, Ho’opili, Waikele)
*Matt LoPresti, District 41 (Ewa Beach, Ewa Gentry, Ewa Villages, Hoakalei, Ocean Pointe)
*Amy Perruso, District 46 (Wahiawā, Whitmore Village, Launani Valley)
Natalia Hussey-Burdick, District 50 (Kailua, Kāne’ohe, Marine Corps Base Hawai’i)

Assuming they are successful in the November General Election, these 10 individuals listed above will comprise approximately 20% of the entire State House. This is clearly a significant step forward in achieving the positive change needed at the legislature.

If this group of 10 is able to coalesce and/or possibly grow, they could also play a formidable role in reorganizing House leadership. 10 is a big number when the goal is reaching the 26 needed.

On Oahu, PHI endorsed 3 candidates for the 9-member Honolulu Council and 2 made it through to the General Election:
Matt Weyer – District 2
Ron Menor – District 8

On Maui, PHI endorsed 9 candidates for that 9-member Council and 8 will go on to the General Election:
*Keani Rawlins-Fernandez – Molokai
*Gabe Johnson – Lanai
*Tamara Paltin – West Maui
*Shane Sinenci – East Maui
Jordan Hocker – Upcountry
Robin Knox – South Maui
Nara Boone – Makawao-Haiku-Paia
Noelani Ahia – Wailuku, Waihee, Waikapu

On Hawaiʻi Island, PHI endorsed 4 candidates of that 9-member Council. The 3 incumbents received more than 50% of the vote and thus have been elected outright. Jennifer Kagiwada will head to the General Election:
*Heather Kimball, District 1
Jennifer Kagiwada, District 2
*Matt Kanealii-Kleinfelder, District 5
*Rebecca Villegas, District 7

On Kaua`i, PHI endorsed only 2 new challengers running in the Primary for election to the 7 member Council. Both will proceed to the General Election:
Fern Anuenue Holland
Addison Bulosan
Note: Because of the structure of the Kaua`i Council elections (all elected at-large), and because important votes were before the Council at the time, PHI chose not to endorse any incumbents during the Primary.

At the top of the ticket – For Congress in the CD2 PHI endorsed Jill Tokuda who was successful in the Primary and now moves to the General Election.

In summary –

PHI endorsed candidates had significant wins in the State House of Representatives AND on the County Councils of every County.

And we had some very tough races that fell short.

Congressman Kai Kahele worked his heart out to give all of us a choice in the gubernatorial race. He, his family, and the core campaign team deserve a huge aloha and mahalo from all of us.

Sergio Alcubilla likewise worked 24/7 and came from virtually an unknown player in the political world to someone who gained huge respect from the community at large and secured some major endorsements from political entities that came to know him.

Keith Amemiya, whom I don’t know as well, has become someone whom I want to know better.

We have not seen the last of these three gentlemen I hope. Our community, and our world needs their leadership and once they rest up a bit – I’m sure they will be back in the saddle working hard again for all of us.

While we can count many successes coming out of this primary election, I’m also sad that several good candidates and dear friends fell short of reaching their goal.

For Kim Coco Iwamoto it’s deja vu all over again with the final count being very, very close…but so far not enough to push her over the top. Speaking for not just myself but for the legions of advocates across all islands, I say mahalo Kim Coco for all you do for so many AND for being there these past few years holding Speaker Saiki’s feet to the fire. It’s because of you that our minimum wage will be going to $18 and it is because of you that in the coming months we are likely to have some significant election and ethics reforms passed.

Uncle Walter Ritte and Ikaika Hussey – you are both awesome brothers and I so appreciate you. Mahalo for everything.

Kathy Feldman, Gary Gill, Makana Paris, Shannon Matson, Ian Ross, Roy Takumi, Valerie Wang, Dale Kobayashi, Kelly King, Samuel Peralta, Carol Lee Kamekona, and Senator Acasio…and to so many others. You all gave it a good fight. My hope is that you will join me in the trenches of legislative advocacy on January 1st and then begin working on going back again for another bite of the electoral apple in 2024.

There’s a lot of work still yet to be done.

Love you all. Imua!

Gary Hooser
Executive Director
Pono Hawaiʻi Initiative
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P.S. I will write later on the “why” as I see it…and the “how”…why we were not even more successful and how we get there…At least I’ll give it my best shot at brainstorming these two topics.