GaryHooser's Blog

The coming few days are big ones. Please show up if you can.

Today, Tuesday the 17th marks the overthrow of the Hawaiian Kingdom, a coup d’état against Queen Liliʻuokalani, which took place on January 17, 1893, on the island of Oahu and led by the Committee of Safety, composed of seven foreign residents and six non-aboriginal Hawaiian Kingdom subjects of American descent in Honolulu.

Then there is tomorrow Wednesday the 18th: The day the legislative session opens. If you are on Oahu I encourage you to visit the Capitol and personally visit your Senator and Representative. Regardless of where you live, I encourage you to call or send them an email between now and then. Let them know your top priorities. For me, that’s publicly funded elections and the “Foley Reform Commission” initiatives. Please ask your Senator and Representative to show their support and “sign on” to be a “co-introducer” of the respective House and Senate Bills!

Sign up for Clean Election “action alerts” and tips on how to take action from the good folks at Our Hawaiʻi!

My latest blog post on the topic: Dancing with the devil – a Faustian dilemma and untenable reality facing every elected official.

An excellent on-point piece in Civil Beat More Transparency In The Hawaii Legislature? It Won’t Be Easy

Thursday the 19th: Wahiawā, Whitmore Village, and Waialua are home to some of the heaviest use of pesticides in all Hawaiʻi. HAPA, Hawaiʻi SEED, Hawaiʻi Center For Food Safety, and ʻŌlelo Community Media – are hosting a community gathering – “Pesticides, Public Health, and Your Right to Know” 5:30 PM-7:30 PM at Whitmore Community Park, Multipurpose Room A. For more information and registration go HERE.

My totally awesome wife Claudette however reminded me that January 19th was in fact my birthday. She said fairly clearly and directly (and if you know Claudette you know what I mean) that maybe, just maybe – a family birthday gathering might be more fun. Since I am well aware of course that, “A happy wife is a happy life” I will be at Whitmore in spirit only…and instead be celebrating getting old with my beautiful family here at home 😉 – scroll to the bottom to read more on the birthday thing.

Tuesday the 24th: The Kaua‘i Planning Commission is scheduled to hear arguments and vote on the Petition for Declaratory Order, filed by attorney Teresa Tico on behalf of the Hawaiʻi Alliance for Progressive Action (HAPA); Sierra Club Kaua‘i Group; Surfrider Foundation Kaua‘i Chapter; and individual Judith Ann Dalton – relating to the Coco Palms hotel development. Full disclosure – I am the Board President of HAPA. The Petition essentially states that according to law and court precedent, the permits issued to Coco Palms Hui in 2015 have lapsed due to their failure to make “substantial progress”.

It’s pretty obvious to anyone driving by the property today in January of 2023 there has most definitely not been any “substantial progress” over the past 8 years – let alone the past 30 years. And I might add, installing a construction dust screen just days before the developers are supposed to prove “substantial progress” does not fulfill the intent of the law either.

Further, the permits granted in 2015 allowing the developer to ignore important existing county building rules and regulations were amended in 2018 after the “Iniki Ordinance” had already expired. This is special legislation on top of special legislation.

Note: The actual public notice for the Kaua‘i Planning Commission meeting has not yet been issued so “stay tuned”.

In case you missed it earlier, here is a previous post/email about a separate lawsuit that’s also been filed against the State of Hawaiʻi and the Coco Palms developer/owner: Why we are taking legal action against the BLNR and Coco Palms (file under “can’t make this stuff up”)

To further muddy the waters. The new Chair of the Kaua’i Planning Commission is also the Kaua‘i representative for the Hawaiʻi Carpenters Union whose members it would seem may have a direct financial benefit should the Coco Palms Development move forward.

And last but certainly not least, here are 4 Things you can do now to help – Coco Palms – I Ola Wailuanui

Sincerely,
Gary Hooser http://www.garyhooser.com

Note on the birthday thing: Yes, January 19th is my birthday. I will be turning the young age of 69.

My life it seems is one of abundance, and for that I am deeply grateful. I have too many stories to tell, too many fond memories to reflect on, too many goals yet to be achieved and tall mountains still to be scaled. As I’ve written in the past, I’m a lucky man. Surrounded by family and friends, doing meaningful work daily on tasks that I love, and living in the most beautiful place on the planet.

Mine is not a life free of stress or hardship, there are no shortage of those stories as well. But my default is to always push on, to know the sun is always going to come up the next day, and to follow my na’au, my gut and instincts – whenever those tough times present themselves.

92-year-old Clint Eastwood’s secret:, “Never let the old man in” (plus eat right and exercise).

Forever Young by brother Bob Dylan is a song that I share with my children, and encourage you to also share with yours.

May God bless and keep you always

May your wishes all come true

May you always do for others

And let others do for you

May you build a ladder to the stars

And climb on every rung

May you stay forever young

Please read each and every word of this beautiful song here – trust me the lyrics are well worth the read.

Or listen to Bob Dylan sing it live. (https://www.youtube.com/watch?v=jtFEzhaNrT4)

If you really and truly want to offer me a birthday gift – please consider a contribution of $6.90, $69, $690 to the three causes I’m presently working 24/7 on.

Hawai`i Alliance for Progressive Action – HAPA
Online at https://www.hapahi.org/donate
or via mail to
PO Box 1534
Kapa`a, Hawai`i 96746

Pono Hawaiʻi Initiative
Online at https://ponohawaiiinitiative.org/https/donate/phi
or via mail to
P.O. Box 871
Honolulu, HI 96808

I OLA WAILUA NUI
Online at https://www.wailuanui.org/donate
To secure community-based ownership and management of the property formerly known as the Coco Palms Hotel. For those who prefer to mail a check please make the check out to HAPA and mail to the above HAPA address with I Ola Wailua Nui noted on the check.

Can you help also with a pledge? Remember, the funds will only be needed and expected AFTER we are able to obtain a contract to purchase and AFTER we are able to raise the full $20,000,000.

For more information and a copy of the pledge form go here.

Mahalo plenty for any and all help!

And from the bottom of my heart, thank you to all who have already given. I am a bit behind in my thank you notes but please know I see every contribution that is made and I am aware and very thankful for your help and assistance.

Sincerely,
Gary Hooser
Birthday Boy and Proud Grandpa!
I’ll start with a photo of me and my beautiful mother who is 90 years old and still full of vim and vigor…then Claudette and I when we were first married and then one of me and the three incredible grandchildren.

4 things you can do now to help – I Ola Wailuanui https://www.wailuanui.org

1) Make a pledge or promise of a future contribution! This pledge is contingent upon I OLA WAILUA NUI raising the total amount of funding needed to purchase the property. – Cut, paste, and complete the below “Pledge Form” and return it to iolawailuanui@gmail.com
*************************************************************************************
Wailuanuiahoʻāno – My personal financial pledge

I, ___________________ promise to contribute $_______ to assist in funding the purchase and community-based development of Wailuanuiahoʻāno that honors the history, perpetuate the culture, and is community-based in its leadership and vision.

The said $______ shall be paid as follows:

$_______ to be donated to an acceptable 501c3 nonprofit organization designated to hold title to the property provided that sufficient funds are pledged to acquire the Coco Palms property. These pledged funds shall be provided upon the close of said escrow.

$_______per year for the following 4 years to be donated to an acceptable 501c3 nonprofit organization designated to manage the property community-based development.

This pledge shall expire unless extended in writing by the donor if for any reason the property purchase has not been consummated by 02/01/24.

Name – ________________
Date – _______________
Mailing Address –
*********************************************************************

2) Contribute now online or via mail to support existing administration and legal expenses. No contribution is too small, all are welcome and critically important. https://www.wailuanui.org/donate

3) Request an in-person or zoom meeting to learn more about this incredible project. For individuals, organizations, or small groups who are considering a major gift – email iolawailuanui@gmail.com

4) Kauaʻi Residents: Cut and paste the below letter of support and return it asap to iolawailuanui@gmail.com It is very important that we can demonstrate broad-based community support. Returning this statement or any statement you prefer is greatly appreciated.

To whom it may concern,

I am writing this letter in full support of I Ola Wailuanui, its vision and the community plan being developed for Wailuanuiho’ano.

Wailuanuiho’ano and what many know as the former CocoPalms Resort is a uniquely special and sacred area.

The site is surrounded by ancient sacred heiau – from the mouth of the Wailua river to the summit of Mt. Waiʻaleʻale. The last Queen of Kauaʻi, Queen Deborah Kapule lived on the property and it was the birthing place for royalty.

Wailuanuiho’ano was the site of astronomical tracking of the rising heavens, and a gathering place and social headquarters in ancient Hawaiʻi.

Two ancient loko i ʻa, Loko Puʻuone (or Loko Hakuone) – inland fishponds Weuweu and Kaiwiʻiki (or Kawaiʻiki) – are still present on the property. These fishponds are estimated to be between 600 and 800 years old. Mahele records also show the seaward portion encompasses Mahunapuʻuone burial grounds.

I Ola Wailuanui envisions the acquisition, restoration, protection, and ongoing stewardship of these important lands via a community-driven process that honors the deep history of this place, both ancient & modern – and led by individuals with ancestral ties and rooted to this ʻāina.

Rather than a private hotel development, I Ola Wailuanui envisions a public place of cultural enrichment, historic preservation, land conservation & spiritual nourishment; an educational & interpretive gathering place; a center of Hawaiian cultural stewardship; a place of food production: and a core place for learning in Hawaiʻi.

I Ola Wailuanui is a Kauaʻi based hui now securing 501c3 non-profit status and presently working with established 501c3 organizations including those with experience in the acquisition and management of lands intended for preservation and conservation. https://www.wailuanui.org

I am a resident of Kauaʻi and I stand in support of the I Ola Wailuanui vision.

Name:
Kauai Address:
***************************************************************

Mahalo,

Gary Hooser

According to the Christian bible, the love of money is the root of all evil – yet we force our politicians to dance with that very same devil every 2 or 4 years.

We ask our elected leaders to regulate business, profits, and money, yet we require them to bow down in supplication to these same entities in order to win their election to office.

And they do. State legislators regularly solicit campaign funds from businesses and individuals that have legislation pending before them. Governor Josh Green has proven to be a virtual money-making machine, raising millions from entities and industries that he is responsible for regulating. Similarly at the County level – money drives elections which put candidates into positions of influence and power.

Call it what you want, but our current electoral system has at its core a pay-to-play reality.

It does not have to be this way.

Publicly funded elections provide a path for candidates to win an election without selling out to big-money interests. Clean publicly funded elections are already being conducted in Connecticut, Maine, and a handful of other areas.

Hawai’i must join them.

The concept is simple. In “clean election states” that offer full public funding, candidates first qualify by raising a threshold quantity (from 50 for a small district to 6,250 for the governor’s race) of $5 individual donations to prove credibility. Once the candidate qualifies, their campaign is provided funding from the state sufficient to purchase the signs, brochures, and basic advertising needed to run a viable campaign. In return, the candidate agrees to accept no other private funding at all.

Over 70% of Maine Democratic candidates have rejected the acceptance of private money and use Clean Elections funding only to run their campaigns – totally severing the relationship between private donors and elected officials.

74% of votes say they prefer candidates who support publicly funded campaign election systems.

Clean Elections will allow candidates to fund campaigns without the need for private donors.

The barrier of entry for new candidates will be lower and campaigns will become more competitive resulting in greater diversity.

Regular local residents will have more influence since they’re the reason candidates are funded – not special interests.

With legislators no longer beholden to private donors they will be free to pass bills that big money opposes without fear of campaign funds drying up.

With full public funding, Hawai’i can transform its elections to be accessible for all and remove to a great extent the monied influence that’s been embedded in campaigns throughout its history.

The investment needed to implement a full public funding program for all State and County elections in Hawaii, similar to Maine and Connecticut would be less than $25 million per year – a tiny sliver of the waste, fraud, and abuse now occurring. Whether paid for by general funds, a tax on Real Estate Investment Trusts (REITS), a cannabis tax, or via a myriad of other means, an investment in clean elections is well worth the money.

The cost to do nothing and retain the status quo, means more cash stuffed into envelopes, more pay-to-play, more over-budget rail systems to no-where, more stadium entertainment districts, and less affordable housing, more corporate water theft, and more people living under bridges while the fat cats get even fatter.

Please be part of the solution. Call or email your legislator today and encourage, urge, and demand their support of a clean elections bill for Hawaii. While no specific bill will be introduced until after opening day at the legislature on January 18th, it’s important to let all members of the House and Senate know now – that clean publicly funded elections are your priority and must be theirs as well.

*Contact information for your Senator and Representative can be found at Find Your Legislator. Trust me. Once they know you live in their district and that you vote, they will listen. They may or may not do the right thing, but they will listen. If you fail to share your thoughts they will not know that this issue is important to you, so PLEASE contact your district legislator.

Contact info for every State Senator is here:

Contact info for every State Representative is here:

The cynics and skeptics will say it’s just gonna be more of the same. Always the optimist, I beg to differ. There’s too much at stake.

We have a new governor and many new legislators. The public will be anxiously waiting and watching as the 2023 legislative session unfolds.

Also watching will be many new candidates, planning even now their 2024 campaigns.

Issues on the table include increasing affordable housing, reducing the influence of big money on elections, and following on the heels of the English/Cullen bribery convictions — reform of the legislative process, ethical standards, and lobbying regulations.

Affordable housing will be attacked from many angles, the easiest and most obvious of which is to just throw money at it. Next on the housing playlist will be eliminate red tape, streamline and fast-track permitting (code for getting rid of environmental protections and community involvement).

Hopefully, instead of eliminating important public and environmental safeguards, legislators will first do the basics and “staff up” those agencies as needed to expedite efficient and thorough permitting reviews.

Hopefully, also legislators will utilize the county and state tax structure to disincentivize (code for punish, reduce, eliminate by making it very expensive) foreign, offshore, and nonresident ownership of residential real estate.

Legislators should consider, as well, prohibiting the ownership of agricultural land by “aliens and non-American corporations” as is done in Minnesota and a handful of other U.S. states. Read: Regulation on foreign ownership of agricultural land: A state-by-state breakdown (2017), at https://bit.ly/3IhlJjS

Reducing the influence of special interest money by passing clean elections legislation similar to what now exists in Connecticut and Maine must be a priority for us all.

In these two states, participating candidates are not allowed to accept or spend any private donations whatsoever. Instead, their campaigns are fully funded at a reasonable level by the state. This system greatly reduces pay-to-play corruption, elections are much more competitive, and candidates spend more time actually campaigning instead of fundraising.

Publicly funded clean elections is the “reform that make all other reforms possible.”

Pass clean elections and implement a hefty state tax or fee on campaign spending by non-candidate committees including SuperPacs and voilà — money loses and people win.

Two legislators went to jail after admitting to taking bribes. Currently, our elections are driven by big money and special interests. People are sick of it.

In response to the corruption, House Speaker Scott Saiki took the admirable step (with much fanfare), and passed House Resolution 9 establishing the Commission to Improve Standards of Conduct.

By May 4, 2023, and the close of the legislative session, we will know whether the speaker meant what he said, or whether it was all for the cameras.

The commission’s stated purpose was to “Provide recommendations to further the goals of the Code of Ethics, lobbying laws, campaign finance laws, and other applicable laws and rules that will increase awareness of, compliance with, and deterrent effects of those laws and rules.”

Chaired by the highly respected Judge Daniel Foley (retired), the commission recently issued its final report containing 31 separate proposals to battle public corruption, improve transparency, and increase public trust. Kudos to Foley and the entire commission for their excellent work. Read the report at https://bit.ly/3WC53HX

The recommendations include support for 16-year legislative term limits, banning campaign fundraising during the legislative session, increased disclosure for lobbyists, and increased accountability of committee chairs. Also included is a proposal to codify a “bill of rights” for the public to “embody the ideals of respect, fairness, openness and dignity” in the legislative process.

The report’s executive summary states: “A deep moral crisis exists throughout each corner of the state.”

Will legislators find the moral and political courage to take the bold steps needed to confront this crisis? Or will they just nibble around the edges, replacing “shall” with “may” at every opportunity?

I’m hoping and actually cautiously optimistic they will do the right thing.

A friend asked me recently about what keeps me up at night. What do I think about most when I lay there in bed in those final moments before drifting off?

I wish I could say it was about how fortunate I am, but that’s not the case. I have my health, my family and friends, and I spend just about every single moment of my life doing exactly what I want to do at the moment.

Everyone should be so lucky.

But they’re not. Not by any stretch of the imagination.

What keeps me awake at night is thinking about that family living under the bridge, and the 1% at the top responsible for the same level of carbon emissions as the poorest 3.1 billion people (OaxFam).

The extreme and obscene inequality that exists on the planet is what keeps me awake. That, coupled with anger and disgust with the political and economic forces that enable it.

The good news is I awake just about every morning thinking about what I can do to make things better. Then, when I take such an action whether large or small, voila’, I feel better – and sleep better as well.

So my question right back to my friend who asked the question and to you reading this today is what keeps YOU up at night? And what are YOU doing to make it better?

Is it that young woman sitting on the sidewalk in the rain and cold? Will you stop and offer her a poncho to keep her dry? Will you stop by the shelter on your way home with a box of personal hygiene items, some food perhaps, or maybe even a cash donation to help?

And will you send off an email to your Legislator, the Mayor, or a Councilmember asking them to help as well?

Or perhaps you cannot sleep knowing your favorite mountain stream no longer runs year round and the beach you frequented during small kid times, is now gone? When you awake, what will you do to make it better so you feel better and the world gets better?

I understand you have a life of your own to live. You have bills to pay and family obligations that must come first. Believe me, I get it.

But I gotta ask you this question as well. What keeps you up at night and what actions big or small are you taking to make it better?

One of these days when my grandchildren have grown up to be young adults and ask me “Where were you grandpa? Where were you when the sea levels were rising and the storms just beginning to rage? Where were you when 685 million people were in abject poverty and dying in doorways, in the bushes at the side of the road, and under the bridges?”

When that day comes, my hope is that they will be proud of my answer. I hope, wish, and pray the same for you and for all of us. For the only way we will win this battle, the only way we will save the planet and bring peace and a decent life to the people on it – is for both of us and all of us to take those actions needed to help us sleep better at night.

Whether offering regular small actions or larger commitments of time, energy, and yes money – all are needed. No contribution’s too small and the potential collective impact of all of us helping in even small ways – has huge potential.

Imagine the collective impact of each of us giving just $5 to that worthy non-profit. Imagine the impact on our parks if each of us took just a little bit more out than we brought in? Imagine the collective power of our voice – if each of us just used it.

During these especially important days, as one year ends and another begins, let’s make this our collective resolution – To wake up every single day of our life and do something meaningful whether large or small to help make our world a better place.

Sincerely,
Gary L Hooser (http://www.garyhooser.com)
Please sign up for my regular email “Policy and Politics” missives and updates at https://policy-and-politics.mailchimpsites.com

I was actually in the room when it happened, and could not believe what I was witnessing. In fact, I said that out loud at the Board of Land and Natural Resources (BLNR) hearing held on October 28, 2022.

There was a moment when I attempted to interject saying, “I can’t believe members of the Board are going to vote to renew permits allowing the use of public lands to an entity that did not exist.”

However, the Chair of the Board indicated my comment was out of order and politely but directly said I should SUASD (virtually speaking).

So I did. After-all, I was just a member of the public – one of many who had submitted testimony which the BLNR staff admitted on record they had not read.

To her credit, Kauai Board Member Karen Ono did voice concerns and raised important questions. She and other Board members initially objected to the approval without further information, but under the repeated urging of the Chair and BLNR staff – the permits were approved subject to a 6 month review.

They openly admitted they didn’t know who they were granting the permits to and key staffers and decision makers hadn’t read the testimony. No one had actually inspected the 3 parcels, and there was no meaningful discussion at all with regards to environmental impacts.

Yet, they voted anyway to grant the permits and in the process exempted the action from HRS 343 which requires an environmental review.

You can’t make this stuff up.

The BLNR has a fiduciary constitutional duty to protect and preserve public trust resources including Wailuanui lands, and to preserve and protect the exercise of Kanaka Maoli traditional and customary rights.

Yet, they approved permits for the use of public lands to Coco Palms Ventures, LLC whose legal status in Hawaii was revoked in 2017. Coco Palms Ventures, LLC (which currently does not exist) also owes Kauai County $80,000 in back property taxes.

These lands situated in the most historical and culturally significant area on the entire island of Kauai – Wailuanuiahoʻāno.

All 3 parcels are legally considered “ceded lands” and under the 1959 Admissions Act are intended to benefit Native Hawaiians. One of the parcels is on the shoreline, and all are part of the planned Coco Palms Hotel development.

This is why I Ola Wailuanui, a community group of which I am a part of, had no choice but to file on November 25, 2022, a Complaint for Declaratory and Injunctive Relief against the BLNR, Coco Palms Ventures LLC, and various John Does.

Our hope and intent is that the Hawai’i Courts will agree that the BLNR was incorrect in its action and a complete environmental review must be conducted.

Our further hope is the Kaua’i County Planning Commission will agree and rule in support of a “Petition for Declaratory Order” that’s also been filed by various community groups or, at a minimum, require the developers to submit an Environmental Impact Statement before ruling on the Petition or allowing the developers to proceed.

This action essentially states there’s been no substantial progress in fulfilling the County permits, too much time has passed, and certain permits have effectively lapsed. Under the law the developers must thus reapply for new permits.

At the end of the day, sometime in late January, the Planning Commission will decide whether they believe substantial progress has been made or not, and whether or not the law will be followed.

I believe the vast majority of Kaua’i residents, after 30 years of waiting, 30 years of broken promises, and 30 years of desecration, have come to the same two conclusions I have.

A hotel is no longer wanted, needed, nor suitable for these lands.

State and County agencies must enforce the law, fulfill their public trust duties, and serve the long term best interests of the community.

For those interested in learning more about an alternate community based vision for these lands, visit https://www.wailuanui.org/

3 things you can do now to help

1) Make a pledge or promise of a future contribution! This pledge is contingent upon I OLA WAILUA NUI raising the total amount of funding needed to purchase the property (currently estimated at $22,000,000). – Request a “pledge form” via email iolawailuanui@gmail.com

2) Contribute now online or via the mail to support existing administration and legal expenses. No contribution is too small, all are welcome and critically important. https://www.wailuanui.org/donate

3) Request an in-person or zoom meeting to learn more about this incredible project. For individuals, organizations, or small groups who are considering a major gift – email iolawailuanui@gmail.com

Bob Dylan sang that regardless of your station in life, “You gotta serve somebody…”

My question today of those who serve in public office, who aspire to future election, or who serve now in other positions of public trust – who do you serve?

When push comes to shove, whose side are you on?

Do you believe that we’re all in this together, or that it’s every person for themself?

Do you believe we have a collective, personal and societal obligation to help the weak and those with less, or for you is it only the strong that should survive?

Do you believe everyone deserves a seat at the table, bigotry is unacceptable, and diversity must be embraced?

We all look at the world through our own unique lens. We all have biases and as much as they might try our government decision-makers cannot be all things to all people. Yes, we must strive to be balanced and fair. But at the end of the day, there are many decisions that can go either way.

Do you see those folks living under the bridge and in the bushes as a blight on our community, or as unfortunate souls in need of our help and support? Do you brag to your friends about how you worked 2 or 3 jobs to get to where you’re at, and they should do the same? Do you say to yourself and others, “It’s their own damn fault”? Or do you believe one job should be enough, that everyone deserves access to housing that is affordable, and that maybe, just maybe it’s not their own damn fault?

Is your inclination to favor the needs of those at the top, confident their success will “trickle down” to everybody else? Or do you believe that those who earn more, own more, and consume more, should pay more and carry a greater share of societal needs?

Are you willing to increase taxes for those at the top in order to fund health care, housing, education, and environmental protection?

Are you willing to say no to developers seeking to build projects that have significant negative environmental, cultural, and societal impacts?

When the health impacts of dangerous but commonly used chemicals are made known, are you willing to push back against those that use and profit from them? Yes, I speak of pesticides like glyphosate and so many others. Read this excellent and short Civil Beat piece: Are Glyphosate-Based Herbicides Harmful To Humans?

Do you believe all workers deserve a living wage, paid sick leave, and retirement plans that allow them to grow old in dignity?

Do you believe climate change and global warming represent an existential threat to our planet, or is it all much ado about nothing and we should just move along, balance the budget, and worry instead about the potholes and speed bumps?

These are questions we should ask of all who aspire to serve in positions where these decisions are made. It’s not so much what political party you belong to, nor what high school you attended, who your aunty is, nor even about how nice a person you are, how hard you work, or how many events you show up at.

It’s about the core of your values and your bias.

I opened with a song by Bob Dylan and will close with one by Pete Seeger.

“They say in Harlan County, there are no neutrals there.
You’ll either be a union man, or a thug for J. H. Blair.
Which side are you on boys? Which side are you on?”

Gary Hooser
*Trust me on this: Click and view the YouTube Bob Dylan performance that he gave at the Grammys, singing “You gotta serve somebody” – awesome performance. Listen to the lyrics and check out the backup singers.

Governor-elect Dr. Josh Green will be sworn into office at 12 noon Monday, Dec. 5, 2022 at the Neal S. Blaisdell Center Arena.

I wish him well.

It’s no secret that my enthusiastic support in the gubernatorial race was behind Congressman Kai Kahele. I was highly critical of L.G. Green’s candidacy and shared my concerns surrounding Green Health International, and his close relationship with Pacific Resource Partnership (PRP) and related SuperPacs.

I am hoping he will prove me wrong and that he is the man he says he is.

We, as a collective community, need me to be wrong on this. We desperately need the leadership and commitment that will be presented in tomorrow’s inaugural remarks.

A recent news report quoted our new Governor as saying one of his top 5 priorities is to “get rid of the tax on food and medication.”

I support this 100% and it’s long overdue. Thank you, Governor Dr. Green.

My hope is the focus will be on locally grown food sold in stores and markets only.

This would incentivize the purchase of locally grown agricultural products over imports. Perhaps the tax benefit would be only for “fresh food” or “non-processed food” or whatever definition is needed to avoid interstate commerce issues.

Food self-sufficiency in general must be a priority for all of us. We must all make that extra effort to purchase from local farmers and eat at local restaurants that serve local food.

While the incoming administration has announced many of the new cabinet appointments, the Director of the Department of Agriculture (DOA) has yet to be filled. My hope is it will be someone outside the box who understands both the challenges and the value of local agriculture – small farms producing local food for local consumption.

Too often, past Directors have “talked the talk” as to supporting small farmers, understanding and believing in the value of organic principles, etc. But at the end of the day, they showed their true colors by embracing agrochemical companies and “big ag” as the preferred vision of Hawaii’s agricultural future.

Former Director of Agriculture Scott Enright, a very nice man with a very strong resume, symbolizes the past so well. He could talk the talk with local farmers, and he knew the right words to talk organic as well. However, his bias became ultimately clear when one of his first customers as a paid lobbyist is the euphemistically named Western Plant Health Association whose membership includes 90% of the “crop protection” (chemical companies) in the western United States. He continues as their lobbyist today and will no doubt be lobbying their interests before the 2023 legislature.

Unfortunately, the Western Plant Health Association has scheduled its upcoming October annual meeting on Kauai – ground zero for these companies and a proving ground for the toxicity they bring to the planet.

We need a Director of Agriculture who truly understands and gets it. Small ag and locally grown nutritious food is where the focus should be. We don’t need further wolves in sheep’s clothing who know how to placate the small farmer, but who truly hang with the corporates of big ag.

Ditto with the Director of the Department of Land and Natural Resources (DLNR). We don’t need no corporate green-washers. We do need and want someone who understands, supports, and believes in their core the public trust responsibilities that come with this job.

The same goes for the Department of Hawaiian Homelands – I agree getting the land back into the hands of native Hawaiians must be a top priority and it seems an obvious and positive step in the right direction. Thank you again Governor-elect Green.

But let’s look beyond those lands held currently by the DHHL. Let’s take back those lands now occupied by the military, but largely unused (or misused) – on every island.

14 new directors have been named, of which only 4 of them are women. There’s no shortage of qualified women serving in various for-profit and non-profit leadership positions throughout Hawaii. Hopefully, our new Governor will provide a bit more balance as he moves forward to identify his remaining key cabinet positions.

My further hope is that myself and others will be able to testify in enthusiastic support at the upcoming Senate confirmation hearings.

Gary Hooser

Soon, our elected leaders will be raising their right hands to swear an oath to uphold the U.S. Constitution, the State Constitution, and the County Charter.

We should insist our elected leaders actually follow through with that commitment and that they pay particular attention to the words “may” and “shall”.

When writing legislation or legal documents, deciding whether to use the words “may” or “shall” is a major decision. This isn’t just a minor editing choice but a legal decision with legal ramifications.

Our State Constitution Article III, Section 12 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 decision on matters referred to the committee shall be open to the public.”

This doesn’t say that legislators may choose to meet for decision-making in private if it happens to be more convenient. And it doesn’t allow private meetings to discuss committee decisions because meeting in public would be awkward, cumbersome, or too time-consuming. It says clearly they shall only have these meetings in public.

Virtually everyone who is familiar with the current legislative process will agree that this provision of the Constitution is violated frequently and with impunity.

The various Committee Chairpersons regularly meet behind closed doors, with other Committee Members, and with lobbyists representing stakeholders “for the purpose of making a decision.” The Chair will then schedule a public committee meeting to announce the decision previously made in private. This process clearly violates the State Constitution.

The County Charters establish the structure and organization of County government. Unlike the Federal and State Constitution, the various County Charter’s utilize broad language requiring each to promote the general welfare of its residents.

The State Constitution however provides specific County mandates.

Article 11 Section 1 of the State Constitution states, “For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii’s natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State.“

The County is a political subdivision of the State and therefore also responsible for the conservation and protection of all of our natural resources. When confronted with environmental threats, the County may not disavow responsibility and just point to the State Department of Health or the State Department of Land and Natural Resources etc..

Furthermore, Article IX Section 6 of the State Constitution says, “The State and its political subdivisions… shall plan and manage the growth of the population to protect and preserve the public health and welfare…each political subdivision, as provided by general law, may plan and manage the growth of its population in a more restrictive manner than the State.”

The County shall protect and conserve all of our natural resources and shall manage population growth to protect and preserve public health and welfare.

This doesn’t say that County officials may protect the environment or manage the population if they so choose. It says clearly they shall do it.

Those involved in the actual work of environmental protection and growth issues will tell you the County and the State are failing badly in both of these areas. Take a look at the traffic, or at the lack of sewers and related sewage treatment facilities. Of if you need further convincing check out the coastal water quality monitoring. If you think our population is being managed adequately and that the public welfare is being cared for properly, try to find an affordable house to rent.

We have the correct words in our constitution – we just need our elected leaders to follow the law they are swearing an oath to.

*emphasis in above constitutional provisions is mine

P.S.

Can you help me with something? I want to see if there is any legislator whatsoever who will say I am incorrectly interpreting the Hawaii State Constitution Article III, Section 12 that 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 decision on matters referred to the committee shall be open to the public.”

Will you take a moment and email politely and professionally as always – Speaker of the House Scott Saiki and Senate President Ronald Kouchi?

repsaiki@capitol.hawaii.gov

senkouchi@capitol.hawaii.gov

If you copy your own Districts Representative and Senator that would be totally awesome as well!

Ask them simply to tell you:

Is it true?

Does the Hawaii State Constitution really say this?

Let them know of course, “The courtesy of a reply would be greatly appreciated.”

If they say it’s true, which they must because it is – Then ask them if they believe legislators and legislative committees are following that Constitutional provision, and if not, what can be done to change things.

This is a serious question that deserves an answer.

Please take the time and send an email out today if you can. The more good folks from across all islands who participate, the more likely it is that our State Legislators will stop ignoring the State Constitution – and stop conducting the people’s business behind closed doors.

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I’m thankful that you take the time to click on my blog and open and read my email. Seriously, the fact that you’re taking the time to read what I write, is for me hugely motivating – it makes me want to be better, to always add value, and hopefully on occasion make you smile.

I am especially appreciative when you email testimony and make those phone calls to lawmakers – your involvement makes a difference.

Please take the time this week if you can to send your state legislators a short note, thanking them for their service and encouraging them to support publicly funded elections for Hawaii, similar to Maine and Arizona AND to also support the recommendations forthcoming from the Commission to Improve Standards of Conduct.

It goes without saying that financial support for candidates, for Pono Hawaii Initiative (PHI), for HAPA, and especially for the Wailuanui/CocoPalms initiative – is also hugely appreciated. No contribution is too small and the collective support of many is important.

Over $200,000 in pledges for Wailuanui have come in so far with individual pledges ranging from $50 to $30,000. While still short of the $1,000,000 goal, the outpouring of community support has been gratifying. For more information on how to make a pledge go to Wailuanuiahoʻāno – reclaiming Coco Palms – fundraising updates.

I’m especially thankful today for each and every candidate who put their name forward and ran for public office. I know personally how hard it is to run a political campaign and the deep emotions that come with both winning and losing.

A huge mahalo and congratulations are in order for the 12 alumni of the HAPA Kuleana Academy who were elected or reelected to serve in the State House of Representatives and on various County Councils. A full list is here at Hoʻomaikaʻi Kuleana Academy Alumni!!!

I’m thankful for my family, for my life circumstances that allow me to live on Kauai, and for the network of friends living across all the islands and beyond.

I’m thankful, and I’m committed to the ongoing work and our collective responsibility of making our planet a better place for all.

Wishing you and your ohana a safe, relaxing, and satisfying Thanksgiving holiday!

Sincerely,
Gary Hooser