GaryHooser's Blog

According to the Hawai’i state constitution Article 4 (Reapportionment) Section 6 #2 states – “No district shall be so drawn as to unduly favor a person or political faction.”

Yet:

1) The members of the reapportionment commission responsible for drawing the new maps were provided with the home addresses of House and Senate members early in the process.

2) Various members of the House and Senate have and are actively lobbying commission members both in private and in public.

3) The criteria being used by commissioners to “redraw the maps” actively and consciously considers the possible impact on various legislators.

4) The most powerful State Senator in Hawai’i, WAM Chair Donovan Dela Cruz with the assistance of Government Affairs Chair Senator Sharon Moriwaki has scheduled a formal Senate briefing for Monday, January 10th at 10 am to “examine the data and methodology used and the bases (sic) for the Reapportionment Commissions decision to provide an accurate count of “permanent residents”.
https://www.capitol.hawaii.gov/session2022/hearingnotices/HEARING_GVO_01-10-22_INFO_.HTM

Does anyone else find this objectionable and inappropriate, if not downright in violation of the state constitution?

Why would the reapportionment committee need or want the home addresses of legislative members when the law prohibits favoring them in the process?

Why is WAM even participating in the briefing as there are no budget impacts or fiscal implications involved?

One would think that if the law requires the process to not “unduly favor any person or party”, that those who are indeed most likely to be impacted would be prohibited from lobbying the commissioners or otherwise attempting to influence the outcome.

One would also think that the commission would at least attempt to conduct the process without plugging in the addresses of those who would be most impacted, and would further resist changing district lines in response to pressure from those likely to be impacted.

One would think.

gh

*Note: If anyone wants to challenge the facts stated above, please do so (either publicly via commenting here or privately to my email at garylhooser@gmail.com). I am more than willing to make a correction or clarify if I have misstated any of the facts or circumstances involved.

One of my top goals for 2022 is to write more. Perhaps I will start that book. There is no shortage of topics, both real and imagined 😉

My intention for the moment is that the Hooser Blog will be a general repository for the various columns and missives I write (and occasionally for the writing of others). However achieving this goal gets complicated as most major media such as Civil Beat, the Honolulu Star-Advertiser, and all national publications – require “exclusivity” which sometimes precludes them from being duplicated in blogs, etc. I also write a weekly column on Wednesdays for The Garden Island newspaper, and sometimes I repost those columns here in the blog and other times neglect to do so. My bad.

On top of it all – Hawaii Policy and Politics – the email “newsletter” (I hate the term and it’s not really a newsletter) that I send out regularly also occasionally contains stuff that I fail to repost here on the blog. Most are reposted, but not all. I will try to be better in the future! But if you want it all and you want it on time, the best way to make that happen is to “opt-in” to my regular email at https://policy-and-politics.mailchimpsites.com

Top Ten Hooser Blog Posts of 2021 (according to number of viewers)

1) If you live on a neighbor island, HB1286 will impact you and the health of your island. (effort by House Speaker Scott Saiki to take away County authority.) https://garyhooser.blog/2021/01/28/if-you-live-on-a-neighbor-island-hb1286-will-impact-you-and-the-health-of-your-island/

2) The Political Power You Don’t Know You Have https://garyhooser.blog/2021/02/16/the-political-power-you-dont-know-you-have/

3) E Pluribus Unum by Glenn Shockley – gh note – a good and thoughtful read. I encourage all to take the time to do so. https://garyhooser.blog/2020/12/26/e-pluribus-unum-by-glenn-shockley-gh-note-a-good-read-if-a-bit-dense-and-a-rough-cut-i-found-this-to-be-a-bit-of-a-fascinating-read/

4) The quiet unassuming grip of systemic racism https://garyhooser.blog/2021/07/29/the-quiet-unassuming-grip-of-systemic-racism-laid-bare/

5) Blowing Smoke On Cannabis Legalization – Pulling back the curtain on SB767 https://garyhooser.blog/2021/03/15/blowing-smoke-on-cannabis-legalization-pulling-back-the-curtain-on-sb767/

6) The Hawaii Case Against President Biden’s “Build Back Better Agenda” https://garyhooser.blog/2021/09/16/the-case-against-president-bidens-build-back-better-agenda/

7) Legislative Updates: Cannabis, Criminal Justice, Food/Farms, Reproductive Rights https://garyhooser.blog/2021/02/27/legislative-updates-cannabis-criminal-justice-food-farms-reproductive-rights/

8) Hawaii Policy and Politics – an email list with an attitude. https://garyhooser.blog/2021/08/08/whittling-down-my-email-list-please-subscribe-if-you-want-to-continue-getting-my-policy-and-politics-email/

9) House subterfuge attempts to block County Covid rules (another attempt to subvert County authority by House Leadership) https://garyhooser.blog/2021/03/30/house-subterfuge-attempts-to-block-county-covid-rules/

10) The Myth of Democrats Controlling Politics and Government in Hawaii https://garyhooser.blog/2021/09/21/the-myth-of-democrats-controlling-politics-and-government-in-hawaii/

*** Best read ever with 5,005 views is The Mauna is sacred. Say the words. published in September of 2019 https://garyhooser.blog/2019/09/13/the-mauna-is-sacred-say-the-words/

Additional writings published elsewhere and never posted here on the blog are below:

HOOSER: Sometimes leading means stepping back TGI – Dec. 22, 2021 https://www.thegardenisland.com/2021/12/22/opinion/hooser-sometimes-leading-means-stepping-back/

HOOSER: 10 things to do in 2022 TGI Dec. 15, 2021 https://www.thegardenisland.com/2021/12/15/opinion/hooser-10-things-to-do-in-2022/

HOOSER: Understanding and reading between the lines TGI Dec. 08, 2021 https://www.thegardenisland.com/2021/12/08/opinion/hooser-understanding-and-reading-between-the-lines/

Hooser: Making democracy work – We need you in 2022 TGI Dec. 01, 2021 https://www.thegardenisland.com/2021/12/01/opinion/hooser-making-democracy-work-we-need-you-in-2022/

HOOSER: Bill No. 2491, 8 years later TGI Nov. 24, 2021 https://www.thegardenisland.com/2021/11/24/opinion/hooser-bill-no-2491-8-years-later/

Five Ways To Make The Hawaii Legislature More Accountable Civil Beat (a must-read for those serious about understanding and working within the current legislative process) https://www.civilbeat.org/2021/12/five-ways-to-make-the-hawaii-legislature-more-accountable/

9 other pieces published during the past 2 years in Civil Beat
https://www.civilbeat.org/author/gary-hooser/

My hope is that you have enjoyed and benefited from some of my words and thoughts. If so, please share them with friends and family and encourage others to opt-in at https://policy-and-politics.mailchimpsites.com

Happy New Year!
Gary Hooser

The Hawaiʻi Congressional delegation must do what’s necessary to ensure that the U.S. military comply with the order of Governor David Ige to shut down Red Hill.

Furthermore, until the U.S. Military demonstrates they can be trusted to operate in Hawaiʻi without further jeopardizing the health and welfare of our community, all lease extensions, and expanded military operations now under review, must also be put on hold.

The military officials responsible for the safety and integrity of the Red Hill facility have consciously, actively, and continuously misled the public, the Department of Health, (DOH), and the Board of Water Supply (BWS), as to the frequency and seriousness of past and present fuel leaks.

Those who know the history of Kaho’olawe, Pōhakuloa, and Mākua, will tell you nothing has changed.

A look at recent and ongoing global actions of the U.S. Military will only reinforce the fact that they are by nature secretive and destructive – with little to no accountability for civilian or environmental collateral damage.

That’s what the contamination of Hawaiʻi drinking water is to the U.S. Military – collateral damage. Like the multitude of drone strikes that kill thousands of innocent civilians in countries all over the world, the poisoning of people and the environment in Hawaiʻi is simply collateral damage necessary to maintain national security.

It’s time we say no more.

The U.S. military presence in Hawaiʻi has continually expanded since the first naval station was established at Pearl Harbor in 1908 until today when the military controls 22% of all land on Oʻahu, with approximately 206,000 acres and over 20 installations located throughout all the islands.

To be clear, I am not a pacifist. I believe we need a strong military to defend us against the bad guys of the world.

But enough is enough already. The United States is the largest arms dealer in the world. We maintain troops and weapons on 750 bases in at least 80 countries around the world and spend more on our military weaponry than the next 10 countries combined.

Numerous proposals to expand or extend the military presence in Hawaii are being pushed forward now by the U.S. Military and Hawaiʻi’ Congressional delegation including; thousands of acres at the Poamoho Training Area in the Ko’olau mountains in north-central Oʻahu, the Kahuku Training Area and the Mākua Military Reservation on Oʻahu, the Pōhakuloa Training Area on Hawaiʻi Island, and a proposed $1.9 billion radar expansion at the Pacific Missile Range Facility on Kauaʻi.

Each of these projects must comply with the Federal and State laws governing the Environmental Impact Study (EIS) process which requires an evaluation of direct, indirect, secondary, and cumulative impacts. The law also prohibits the segmenting and piecemeal review of related projects.

In addition to environmental, health, economic and cultural impacts – a comprehensive EIS must include an analysis and thorough evaluation of Hawaii’s potential role in any future global conflict.

There is no more important secondary impact than the increased likelihood of Hawaiʻi being a military target because of the growing U.S. military presence in the islands.

Until the U.S. military is willing to agree to this level of disclosure and said disclosure is accepted and agreed to by the residents of the State of Hawaiʻi, any and all expansion must stop.

Please take the time today to call; Senator Brian Schatz (202) 228-1153, Senator Mazie Hirono (202) 224-6361, Representative Ed Case (202) 225-2726, and Representative Kaiali’i Kahele (202) 225-4906.

Stop Red Hill. Stop it all. Enough already.

I’m supporting Sergio Alcubilla in his campaign to unseat Congressman Ed Case in the CD1 because Sergio shares my core values, and Ed does not.

Sergio is not beholden to big business, the military, nor to any private special interest groups or friends in high places.

From day #1 Sergio has called for the shutting down of Red Hill.

Ed Case who represents CD1 where Red Hill is located has known about the leaks and the risk for years but has done nothing of any substance. He finally stepped up with statements of concern, but only after the entire issue blew up in the media, and only after Congressman Kahele from CD2 went public with his outrage.

Ed’s default position is to support the military and protect big business.

Sergio’s default position is to support the community and protect the environment.

Representative Case and his small group of blue dog democrats in the House totally screwed up President Biden’s Build Back Better agenda. Because of his actions and insisting on the delinking of the infrastructure bill vote, he has brought tangible harm to people and the planet.

This is not hyperbole.

Ed Case is Co-Chair of the Blue Dog Coalition. Because of their actions delaying and weakening the Build Back Better agenda, valuable leverage was lost, allowing Senator Joe Manchin and others to kill this incredibly important proposal.

As a result, 67 million senior citizens will not receive dental or vision coverage via the proposed expansion of Medicare. 35 million families will receive less support for child care and early childhood education, and every single high school graduate will lose out on the opportunity to attend community college or trade school regardless of their ability to pay.

Like far too many in Congress, Ed Case looks at the world through the lens of money and privilege. His prior occupation was as a corporate attorney whose clients were hotels and resorts. His family roots extend into Hawaii’s plantation history. His cousin, Steve Case is one of the largest landowners in Hawaii (Maui Land and Pineapple and Grove Farm Corporation). His sister Suzanne Case is the Chair of the Department of Land and Natural Resources (DLNR).

Sergio Alcubilla looks at the world through the lens of working families, sacrifice, and commitment to the community. His prior occupation was as an attorney with the Legal Aid Society of Hawaii working directly with Hawaii workers and families. Sergio is a first-generation immigrant with family roots in the Philippines. He is a graduate of the University of Hawaii William S. Richardson School of Law. As an attorney, he has never represented a hotel or resort, but he has worked with hotel workers. It’s safe to say that Sergio does not have friends or relatives who are billionaires, large Hawaii landowners, or who hold high positions in the corporate or government world.

Sergio is the real deal. He understands the problems and challenges of real people, and he’s committed to serving and making a positive difference for people and the planet.

This is why I’m supporting Sergio. This is why I’m encouraging you today to also offer him your support.

Unlike Ed Case, Sergio has pledged not to accept any campaign donations from big business or corporate PACs. He is committed to running a people-powered campaign, funded by small donors like you and me.

Please join me today and prior to the March 31 reporting deadline if at all possible, by going to his website at https://www.sergio4hawaii.com and offering him an online contribution of $22 or whatever amount is comfortable for your budget. Like you, my finances are stretched pretty thin this time of year, and many candidates need help. But I am going the extra mile for Sergio today.

Mahalo in advance for your help in supporting Sergio Alcubilla!
https://www.sergio4hawaii.com

Note: The most important thing to me in evaluating a candidate is “core values” and the “lens” through which they look at the world. Whose interests do they serve?

However, I understand specific issues, and where the candidate stands on these issues is also an important factor. Please visit the issue section of his website and spend a little bit of time reviewing the issue details if you like.

Online contributions to the campaign made prior to December 30th are especially needed. The campaign is determined to win via people power, so please know that no contribution is too small – all are welcome!

For those that prefer to mail in their contribution: Sergio Alcubilla for Congress, P.O. Box 1991, Honolulu, HI 96805

Sincerely,

Gary Hooser

As 2021 draws to a close, I think not so much about the coming holidays but more about the work being done in Congress, by our County Council, and in the coming legislative session that opens on Jan. 19, followed oh-so-quickly by the primary election on Aug. 13.

But I think most about that man under the bridge and the challenges he and so many others face daily.

Such is the life of those of us immersed in policy and politics.

I’m hoping an increased interest in civic engagement makes it to your New Years’ resolution list as well.

It’s important. The wrongs of the world will not be made right via the curse of apathy.

Ignoring the man under the bridge does not make him go away. He will only grow more ill, more miserable, and more complicated and costly to deal with later.

The scourges of drug addiction, climate change, poverty, environmental degradation, mental illness, and homelessness will not be resolved by looking the other way.

And complaining, criticizing, and ranting about a dysfunctional and corrupt government serves no useful purpose either.

Please. Put increased civic engagement on the top of your list for the coming year. Be part of the solution, an active ally, not a passive-aggressive opponent.

Join a community organization or club that contributes to making our home a better place. Read about and follow local issues. Submit testimony to the council and state Legislature. Write letters to the editor or opinion pieces in support of or opposition to issues that matter.

Bring a hot meal, perhaps dental care, an affordable home, or a job that pays a living wage to that man under the bridge.

You can do this you know. You have that power.

Civic engagement: It’s what democracy is based on. It’s about all of us taking responsibility for OUR government and OUR community.

Yes, it’s about voting, but it’s about so much more than that. It’s about supporting candidates. It’s about making that decision to be a candidate. It’s about holding elected officials accountable. It’s about talking to friends and neighbors, sharing informed and diverse viewpoints, and being respectful. Sometimes, it’s about agreeing to disagree and moving on.

It’s about each of us taking ownership and personal responsibility for our community.

This is what democracy looks like.

Yes, of course, we each contribute differently, and we each have a different capacity to do so. Some of our neighbors possess great personal wealth, while others live under that bridge, or in the bushes down by the river.

Each of us can and must do our part, and more. Whether it’s that small-but-regular act of kindness and generosity that helps the few, or the huge and monumental contributions that impact generations, all are needed.

Involvement in a community organization, club, place of worship, or nonprofit is a good place to start. But that is not enough.

Please consider including government, policy, politics, and active civic engagement as one of your top 2022 New Year resolutions.

Don’t tell me you’re too busy. We are all too busy. But we make time because we must.

If you are serious about activating your civic engagement responsibilities – Please consider opting-in at https://policy-and-politics.mailchimpsites.com to receive my occasional “policy and politics” email/update/missives. I promise to not fill your inbox with pap.

Well, the Build Back Better plan has passed. Yes, it’s a historical piece of legislation, but it could have been so much more so.

Because of a handful of conservative Democrats and 100% of the Republicans in Congress, 62 million Medicare recipients will not be receiving help with their dental and vision needs this coming year.

Instead, 62 million kupuna, our parents and grandparents living in what is supposed to be their golden years, are being denied this little bit of extra help because 2 Democrats in the Senate and another 6 to 9 in the House, together with their Republican allies would rather protect the Elon Musk billionaires of the world.

This same unholy alliance between conservative “D’s” and Republicans have also managed to deny 4 million high school graduates the opportunity to attend a community college or trade school regardless of their ability to pay.

If the Democrats had stuck together, there were sufficient votes to get the job done and pass a truly monumental piece of legislation, but unfortunately, that was not to be the case (pun intended).

Yes, the cold hard truth is that passage of the Build Back Better bill has been repeatedly blocked, and provisions such as those cited above, repeatedly weakened by the actions of a small group of House and Senate conservative Democrats including Hawaii’ Congressman Ed Case (CD1).

Recently, under the guise of being “fiscally conservative”, they were demanding proof that the proposal was “paid for” and would not increase the federal debt. Though President Biden and others had assured them that this will ultimately be the case, they continued to stall passage awaiting the “final reports” from the Congressional Budget Office (CBO).

It’s important to note that Case and the others did not make this same demand when approving the recently passed massive infrastructure bill, nor did they insist on this when approving military spending totaling $8 trillion over the same period.

Not surprisingly, Congressman Kaialiʻi Kahele (CD2) who represents the neighbor-islands and rural Oahu, and both Senator Schatz and Senator Hirono are all enthusiastic supporters of the measure and have been fighting hard to keep it strong.

This has been a critical week. The House of Representatives has finally passed this $1.75 trillion dollar measure, that while significantly weakened by this small conservative faction of Congressional Democrats – is still a potentially historic accomplishment.

What exactly is in it?
* Universal preschool for all 3- and 4-year olds.
* Capping childcare costs at 7% of income for parents earning up to 250% of a state’s median income.
* 4 weeks of federal paid parental, sick, or caregiver leave.
* A one-year extension of the expanded Child Tax Credits which has cut child poverty in America by 25%.
* New hearing benefits for Medicare beneficiaries, including coverage for a new hearing aid every 5 years.
* A $35 per-month limit on the cost of insulin under Medicare, and capping out-of-pocket prescription drug costs at $2,000 per year.
* Raising the state/local tax deduction limit from $10,000 to $80,000.
* $500 billion to combat climate change – The largest-ever federal investment in clean energy.
* $150 billion for affordable housing.

What’s next?

The House of Representatives voted on the bill today, with Representative Kaialiʻi (Kai) Kahele (CD2) voting in support, and ultimately Representative Ed Case (CD1) casting his vote in support as well. The measure now passes over to the Senate where further changes will likely be made – and the sausage-making will continue.

AND YES, I AM 100% SUPPORTING SERGIO ALCUBILLA IN HIS CAMPAIGN FOR CONGRESS!
https://www.sergio4hawaii.com

Having a government that works for the people and operates in a manner that is transparent and accountable – is a worthy goal that cuts across ideological lines.

Thus we must celebrate the Hawaii Supreme Courts’ recent decision on the legislative practice known as “gut and replace.”

Common Cause and the League of Women Voters should be commended for taking this issue to court and persevering. As a result, the message to the legislature is loud and clear: “Gutting” or remove the contents of a bill that has gone through 3/4 of the legislative process (and multiple public hearings) and “replacing” the contents of that bill with proposed changes to the law unrelated to the original bill, thus bypassing the legally required public review process – is unacceptable and unconstitutional.

While the Hawaii Supreme Court ruled only on one specific legislative application of this practice, the legislature has clearly been put on notice.

Note: The original version of this blog piece stated that the court decision would “eliminate” the practice of gut and replace. This is incorrect since the court decision only applied to one specific situation. However, at the minimum, it should greatly inhibit its use in the future. IMHO

We must celebrate this major victory for transparency and accountability, but we must also continue pushing to eliminate a long list of legislative practices that have both gutted and corrupted the lawmaking process here in Hawaii.

There are four main remaining “process” obstacles to legislative accountability and one sweeping solution.

#1) The vast majority of bills introduced by our elected members of the State House and Senate are killed, without ever receiving even a single public hearing. Legislative rules in Hawaii allow the Chair of a committee to unilaterally choose not to hear any bill referred to their committee.

This holds true even if the bill had successfully passed through numerous previous committees in both the House and the Senate. Any subsequent committee Chair may simply refuse to hold a hearing – thus killing the bill without any explanation.

#2) Bills that actually do receive a hearing and are not supported by the Chair, are normally killed without any member of that committee actually voting to kill them. Consequently, no member is ever “on record” voting against any bill. If the Chair chooses not to pass a measure, they will simply “defer” the measure and no vote is taken. This practice is also permitted under the legislative rules.

#3) It is common practice also that when committee hearings are conducted, the Chair at the conclusion of the hearing will verbally announce various amendments to the bill, and a vote will be taken to approve those amendments – even though nothing in writing may have been provided to committee members (not to mention to the public).

I am told that in the “old days”, the Chair was required to provide committee members and the public with any proposed amendments in advance so they would have time to review and perhaps comment or offer further amendments prior to the vote.

#4) Far too many decisions are made in the back rooms, away from the sunshine and public oversight.

The Hawaii State Constitution Article III – Section 12 states:
“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.”

It’s common practice for committee members, certainly the Chair’s, to meet in private “for the purpose of making a decision on matters referred to the committee”. They meet in private, negotiate in private, and agree on the outcomes in private, emerging from the closed private meetings to announce the outcome and then formally vote at the public meeting.

The solution: Change the legislative rules. Adopt a legislative budget and schedule to allow for the extra time and the additional staffing needed to do it right. The rules can be changed at any time by a majority of the members.

My hope is that in 2022 we elect such a majority.

Recently I wrote a column in which I suggest that President Biden should “Give them (those who are blocking the Build Back Better legislation) a freeway, an airport, a rail system, or maybe a football stadium. Name an aircraft carrier, battleship, or destroyer after them. Just cut the deal.”

I suspect more than a few readers find this approach to legislating a bit unseemly, and view vote trading akin to bribery, extortion and/or kidnapping and holding for ransom.

Welcome to the world of politics. Some issues gain broad-based support with minimal gamesmanship but when a “swing vote” is involved things can often get ugly.

When proponents are one vote short of the number needed to pass something, that final vote is considered the “swing vote”. The raw translation: If you want my swing vote, then you must give me something in return.

This is what’s called leverage.

A single legislator or in this case two, Senator Manchin (WV) and Sinema (AZ) are the Democratic swing votes needed in the U.S. Senate in order to pass the Build Back Better legislation.

Legislators are there to pass into law new public policy, increase or decrease funding for government programs, and fund and approve public infrastructure known as capitol improvement projects or CIP (roads, bridges, airports, harbors, etc).

What is an important policy, program, or CIP project for one legislator or one group of legislators, may not be important to another legislator or group of legislators. They may represent different geographical or demographical interest groups, and it’s not unusual that they have different perspectives, and priorities.

Consequently, when attempting to pull the needed votes together to actually accomplish something, different legislators or groups of legislators will “trade votes”.

To have integrity, vote trading must involve legitimate and necessary policy, programs, and/or CIP. For example: I’ll support building that new school cafeteria in your district this year, if next year you support building that much-needed highway in mine. Both are legitimate public needs, but the question is one of timing and priorities.

Another example: I‘ll support increasing the minimum wage if you support increased tax credits for small businesses. A legislator might not really think tax credits are necessary, but they might be willing to go along because of the greater good achieved by passing an increase in the minimum wage. Similarly, a legislator might detest increasing the minimum wage but can live with it if there were tax credits for small businesses.

A third example is the cross-trading of policy, programs, or CIP and totally unrelated items such as office staffing or committee assignments. A certain policy or program might be on the table for a vote, and a legislator who might represent the critical swing vote will say something to the effect that “I will hold my nose and support this policy change, IF I get this specific CIP project funded for my district, and if I get XYZ etc.”

This is how the sausage of lawmaking is accomplished at all levels of elective office – County, State and Federal. It’s not pretty, but barring the election of a strong majority with common values and vision, it’s how contrary positions ultimately come together to move the ball forward.

The fact that Senators Manchin and Sinema, both Democrats, are using their positions as swing votes to leverage the Democratic Majority and the Democratic President, is both shameful, and an egregious abuse of power. It’s unfortunate and equally shameful, that not one single Republican will cross over to support what has the potential to be the most significant legislation since FDR’s “New Deal” passed in 1933.