GaryHooser's Blog

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Ideology matters. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

With respect and solidarity.

Gary Hooser

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In politics, audacity is not a characteristic that many politicians are known for, especially during an election year.  The award for the most audacious politician in Hawaii for the year 2018, certainly must go to Kauai Councilmember Ross Kagawa.

Councilmember Kagawa, who is scheduled to be “termed out” in the year 2020, introduced a Charter Amendment Resolution that if approved by Kauai voters on November 6th, will repeal Kauai Council term limits, effective in 2020.

What makes this move to remove term limits especially bold and over-the-top audacious is the fact that voters overwhelmingly approved putting term limits in place in 2006 with voting 13,226 in favor and 6,139 in opposition.  For a politician to propose something so antithetical to the will of the voters, during an election year, that will potentially directly and personally benefit that politician certainly raises the audacity bar for all.

Kauai Councilmembers are currently limited to serving 4 consecutive 2 year terms (8 consecutive years), and then must sit out at least one term prior to running for election to the Council again.  If passed by the voters, the “Kagawa Amendment” will repeal this provision and allow councilmembers to serve an unlimited number of consecutive terms.

The “Kagawa Amendment” was passed by a 5 to 2 vote in the Council and is truly a testament to the power and influence, and the contumelious nature of the Councilmember.

We will know within the next 48 hours whether his impudence will be rewarded by the voters, or not.  Those who support keeping term limits in place will vote NO.  Those who favor allowing Councilmembers to serve life-time terms, will vote YES.

Here is a short video of both Councilmember Kagawa’s statements in support of the amendment, and Councilmember Yukimura’s statements in opposition.  Please share with your friends on Facebook!

Aloha,

Like you, I care deeply about the problems and challenges facing us here in Hawaii, my home and the birthplace of my children and grandchildren.

There are many pathways to effect change but the lens of advocacy through which I view the world, is one of policy and politics.

The tools/strategies and tactics available are primarily:

1. Legislative – changing the law
2. Electoral – changing the people who can change the law
3. Judicial – challenge the law, the lack of law, or enforcement of the law in court
4. Grassroots – challenge the system, challenge the lawmakers

Legislative

The 2019 legislative session represents an opportunity to build on the momentum of recent successes in both the 2018 legislative session and more importantly the 2018 elections and related hard fought campaigns.

The 2019 legislative agenda will no doubt include as a top priority a demand to increase the minimum wage to that of a $17 per hour living wage.  2019 will also be the year that increased dedicated funding for public education will finally be passed.  How could this not happen now especially after the collapse of the Con Am effort?  Expanded public funding of elections, automatic voter registration, and other election reforms are also in order.  Protecting reefs and coastal waters from continuous contamination from cesspool and septic system leaching, as well as the legalization of cannabisfor use by responsible adults will be on the “must pass” in 2019 list.

Electoral

Many of you have asked, so here are my election choices (from Governor through Mayor, Council, OHA and Charter/Constitutional amendments) from a Kauai Ballot perspective.  I am especially hopeful that Felicia Cowden, Adam Roversi and Mason Chock will be elected to the Kauai County Council.

I am hoping my friends on Maui understand that EVERY MAUI RESIDENT CAN VOTE FOR EVERY MAUI COUNCIL SEAT.  

Like the OHA races, it is a bit confusing as people who live in Kihei for example sometimes don’t realize they can (and should) vote for all council seats in all districts.  For example, Keani Rawlins-Fernandez, who is a fabulous candidate running for the Molokai seat, will serve both her home community of Molokai and all of Maui county as well.  I encourage all my friends and associates on Maui, regardless of where you live to read up on Keani and consider giving her one of your votes!

The other Maui Ohana Candidates also have my personal support and represent a solid community based cross section of experience and perspectives.

If you are still undecided as to the Con Con, please consider reading: “Why I am voting No on Con Con…”

And just for fun, take a moment to read and share with friends:
“Indulge for a moment, my rant on voting…”

Judicial

Nationally and locally there are both public interest law firms and “plaintiff’s law firms” gearing up to pursue the chemical companies, the State of Hawaii and the various Counties for failing to protect students, children, and the general public from the now very well publicized negative impacts of RoundUp and other dangerous chemicals.  A defense focused on plausible deniability might have worked 5 or 10 years ago but the mounting evidence, related court cases, and the ubiquitous publicity has effectively taken the “I didn’t know” defense off the table.  The historical and well documented cavalier attitude by local government toward the use of these chemicals will no doubt come back to haunt those who continue to keep their heads in the sand on this important public health issue.

Grassroots

At the grassroots level we continue to build and expand our networks.  On each and every island there are increasing numbers of informed advocates, who not only understand the process and the issues but are motivated and engaged.  On January 16th (hold the date) opening day at the legislature, many will be gathering at the Capitol to express their thoughts, feeling, concerns and priorities.  No doubt, a fair number of teachers will also be present this day.

Summary – Next Steps

My role and that of Pono Hawaii Initiative (PHI) is one of support, education, and communication.  Working together with the Hawaii Alliance for Progressive Action (HAPA) and many others our mission is to facilitate, support, and help catalyze the change that is so badly needed.  My job is to push, and to lead, and to find others who will also push and lead.

To continue doing this work, requires the help and contributions from many, and it requires fundraising – constant fundraising.  At this moment we are investing in building the mother of all constituent contact systems (MOACCS).  This will GREATLY enhance our ability to network and communicate with advocates from all islands.  You can read more about it here “Doubling Down and Next Steps To Win”.

Fundraising – a soft ask for a hard need

To complete the design and build of the MOACCS system, and to continue funding our basic day to day costs (which are minimal) we still must raise an additional $8,765 by November 1st.  So many have already given, and it is my goal today to reach NEW people who have not given in the past (or at least not recently).  $100 contributed by 90 people by November 1st, would alleviate the stress and allow us to move forward and maintain momentum.

Please know that I would not be asking if the funds were not urgently needed for us to continue the work.  The nature of fundraising (for me anyway), is to wait until the last minute (hoping that no ask will be needed)…but in the end…asking is always required…and one would think I would have learned this by now.  So please, if you support the work we are doing and would like us to continue strong through the end of this year and into the 2019 legislative session – a donation of $100 or any amount by November 1st would be tremendously helpful.

Contributions may be made online or mailed to:

Pono Hawaii Initiative (PHI)
P.O. Box 871
Honolulu, HI 96808

Pono Hawai’i Initiative is a 501c(4) entity and is required to clearly disclose to donors and potential donors that contributions are *NOT* deductible as charitable contributions.  Contributions or gifts to Pono Hawai’i Initiative are not deductible for Federal income tax purposes.

Mahalo to all for your concern and interest in helping to move Hawaii forward on so many important levels.  As always, never hesitate to contact me directly should you have ideas, suggestions, or concerns you would like to share.

Yours truly,
Gary Hooser

Four years ago the elected leadership of Maui County, betrayed the people of Maui. Betrayal is a strong word, but after much reflection I do not hesitate to use it. Many thanks to the Maui Independent for the excellent article (see link at bottom) reminding me of this important piece of history.

I am speaking of course about the “Maui Miracle”, and the shameful actions and inactions of the Maui government that followed.

The people of Maui, led by the grassroots citizenry, for the first time ever in the history of Maui County gathered the signatures required, placed on the ballot and voted in support of a moratorium on the growing of genetically modified crops until adequate studies were done proving their safety.

The elected leaders on Maui failed the Maui citizenry not in some esoteric, vague, or simply perceived manner – but directly and completely failed them by refusing to legally defend the will of the people in court.

The people of Maui followed the law, they worked hard, followed the rules and against all odds won with over 50% of the votes.  And then a majority of their elected councilmembers and their Mayor, deserted them and climbed into bed instead with Monsanto and the GMO chemical companies.

This information presented now, especially in light of all that has come forth in the past 4 years with regards to the clear and present harms of glyphosate, chlorpyrifos, and a host of other pesticides used heavily on the GMO crops – makes the betrayal of Maui’s people by their Maui County government even more egregious.

Very recently in the Dwayne Johnson RoundUp trial the jury found that Monsanto “acted with malice or oppression” which is a mild and somewhat sterile expression for the kind of corporate thuggery that the chemical companies exercise in Hawaii and around the globe.

The government enablers of Monsanto’s behavior on Maui and throughout Hawaii need to be held accountable. The passage of four years does not absolve them of responsibility for the treachery dealt to democracy and the citizens of Maui County, specifically.

To my friends on Maui, stay strong and vote those who betrayed you out of office.  On November 6th, my hope is for a second Maui miracle.  If you show up, and if you make sure your friends, neighbors, and family members show up – you can make this happen.

In solidarity,

Gary Hooser

#theywillruetheday

IMPORTANT: Please click on the below link, read and share this piece widely, encouraging others to do the same – especially to your friends on Maui.

https://mauiindependent.org/bhttps://mauiindependent.org/betrayers-of-maui-democracy-ask-voters-to-re-elect-them-this-november/

The Con Am as we now know it, was born on January 24, 2018 as SB2922 with the primary introducer being Senator Michelle Kidani, Vice President of the Senate and Chair of the Senate Education Committee.  

After months of intense and divisive community debate, on October 18 the Con Am’s short but turbulent life was ended via a declaration by the Hawaii Supreme Court stating the measure was invalid.  According to the court, the proposal did not comply with legal requirements that ‘the language and meaning of the ballot question be clear and not misleading.

While the Con Am is now dead, it may be useful to review at least briefly, the twisted and somewhat unusual path of its legislative history.

Numerous Bills relating to the issue were introduced in the House and in the Senate during 2017 and in 2018, but it was SB2922 that for whatever reason was selected to be the vehicle for this well intended but ill fated public policy measure. 

For purposes of this narrative, the only language quoted will be the final key statements as to what would eventually be printed on the ballot.

The original SB2922 stated:

The question to be printed on the ballot shall be as follows:

“Shall the legislature fund a quality public education for all of Hawaii’s children, including the retention of teachers, public preschools, lower class sizes, special education programming, career and technical education, art, music, Hawaiian studies, Hawaiian language instruction, and afterschool programs, by establishing a surcharge on visitor accommodations and residential investment property valued at one million dollars or greater, excluding a homeowner’s primary residence, as provided by law?”

Originally referred to the Senate Committees EDU/ETT/JDC, WAM (Education/Economic Development/Tourism and High Technology/Judiciary, Ways and Means) – SB2922 was then “re-referred” to just EDU, JDC meaning only two committees in the Senate would review and potentially amend and/or vote on the issue.  WAM as the all powerful “money committee” which normally reviews all Bills having potential budget impacts was for some reason removed, as was ETT.  Re-referral decisions are made by “leadership” and ultimately the Senate President signs off in agreement.

The Senate Education Committee on February 5th conducted the one and only public hearing that was to be held in the Senate and passed out SB2922 “as is”.

On February 23, the Judiciary Committee (JDC) chaired by Senator Brian Taniguchi held a “Public Decision Making” meeting that does not permit public testimony to occur at the meeting (though the public is notified and written testimony is accepted). This is standard procedure in Senate “A bracket” committees and permitted within the Senate rules.  JDC then passed out SB2922SD1, that amended the original Bill in numerous ways including changing the language suggested to be printed on the ballot to:

SB2922SD1 – SECTION 4.  The question to be printed on the ballot shall be as follows:

“Shall the legislature be authorized to establish a surcharge on visitor accommodations and on residential investment property, excluding a home that qualifies for a homeowner’s exemption, valued at one million dollars or more to fund public education for Hawaii’s children, as provided by law?”

The full Senate then passed SB2922SD1 with only Senator Gil Riviere voting NO.

On March 6, SB2922SD1 was transmitted to the House of Representatives where on March 8 it was referred only to the House Finance (FIN) committee, chaired by Representative Sylvia Luke.

The measure sat without any activity in FIN for approximately 3 weeks and then on April 2 was “re-referred” (by House leadership) to the House Education (EDN) committee, chaired by Representative Justin Woodson who promptly scheduled a public hearing on the measure with 48 hours notice, for April 4.

The House EDN committee then passed out a further amended version SB2922HD1 that stated in SECTION 4: 

The question to be printed on the ballot shall be as follows:

“Shall the legislature be authorized to establish, as provided by law, a surcharge on investment real property to be used to support public education?”

This is the language that ultimately was placed on the ballot, and ruled invalid by the Hawaii Supreme Court. And it begs the question as to how the Chair of Education came about to amend the measure in such a manner?  These types of decisions do not happen by accident and do not occur in a vacuum.

Was the language change suggested to him by House Leadership?  Did the House staff attorneys make the suggestion? Nowhere in the written public testimony is there overt reference to the need to make such changes, and nothing in the committee report provides any hint as to the impetus for the move.  Normally the “subject matter chair” deals only with issues pertaining to the core subject matter, in this case that would be the measures impact on education. The legal language and other constitutional matters would be left to review of JUD, and in this case of course that vital part of the process was missing.

After the House EDN committee action, the House of Representatives voted unanimously in support.  Interesting, even all Republicans in the House while acknowledging “reservations”, ultimately were counted as YES votes.

The next step in the process would normally be “Conference Committee” and a process of further review by House and Senate Conferee’s, and potentially further amendments.  But in this case, on April 18th the Senate discharged its Conferees and simply agreed to the “House version” (that contained the final language that ultimately was used on the ballot and then found invalid by the Hawaii Supreme Court).

While SB2922HD1 was “enrolled to the governor” on May 3, the Governor does not have the power to veto these types of proposals and apparently simply receives them.  For normal Bills the process would be for the AG to review and make recommendations to the Governor if there were concerns that might warrant a veto.  In this case, the Hawaii State Constitution states in Section 4: “No proposal for amendment of the constitution adopted in either manner provided by this article shall be subject to veto by the governor.”

Upon reviewing the legislative history there are numerous actions and inactions that stand out as unusual.  Bear in mind that we are discussing a fundamental change in the Hawaii Constitution.

1)  Only two public hearings were held during the entire process, one in the Senate with 3 days notice and another in the House with 2 days notice.  

2)  Only three committee’s were involved, Education and Judiciary in the Senate & only Education in the House.

3)  Neither the Senate Ways and Means Committee, nor the House Finance Committee reviewed or voted on the measure.  It should be noted that both money committees normally review all legislation that will have a potential budget impact.  This is especially true in the House of Representatives where the House Finance Committee has a history of being used as a “back stop” to review and filter/amend/block any and all legislation regardless of budget implications.  One could argue I suppose that there would be no immediate budget impact and so a “money committee” review was not needed.  Still yet, given past practice and the huge significance of this measure, bypassing both WAM and FIN seems out of character.

4) The House Judiciary Committee (JUD) chaired by Representative Scott Nishimoto did not review or vote on this measure.  

• This is probably the most significant factor which violates both past practice and best practice.  Why the House Judiciary Committee (JUD) whose subject matter purview is core to the proposal of a constitutional amendment chose not to review this matter is significant.
• Why House leadership or why the EDU Committee did not insist on review by House JUD, is also difficult to fathom.
• Perhaps there was an “informal review” by the Chair and/or legal staff that gave House leadership and the JUD chair a level of comfort that they felt holding a hearing unnecessary?  
• Or perhaps the JUD Chair did not support nor want to hear the Bill, and in that case House Leadership kept his committee off the referral list? It is inconceivable that the discussion over whether or not to refer the measure to JUD, did not occur.

5) Except for Senator Gil Riviere, no other member of the House or Senate voted in opposition to the proposal.

6) Nowhere in the public record of testimony does there seem to be any input from the Attorney Generals (AG) office. The caveat to this is that searching the public testimony files can be an imperfect exercise and it is possible that the AG did in fact consult with members of the legislature on this measure, however if so that is not readily apparent. It is also not clear whether any legislator actually requested an AG opinion.

7) The governor is ostensibly absolved of responsibility for the language, as per our constitution, he does not have the legal authority to veto proposed constitutional amendments.

At this point, I do not believe climbing aboard the “blame game train” is a productive exercise.  You can be sure there is plenty of this going on right now in the back rooms at the Capitol as both key staff, committee chairs and House/Senate leadership scramble to accomplish the essential survival tool code-named CYA.

Suffice it to say that it was everyones (ie the majority) fault in both the House and the Senate.  The House approved a referral process that failed to include its own Judiciary Committee and allowed and accepted key changes to the ballot question language proposed by the House Education Committee.  And the Senate, then acquiesced to those same House changes by failing to engage the Conference Committee process.

For context, this all occurred in an election year and involved an issue supported by one of the strongest constituent groups in the State.  The pressure from teachers, parents and community supporters was intense and I am sure many in the legislature simply felt, “they had to pass something”.

It is fascinating to review the history and speculate on why certain decisions were made along the way.  But clearly what is more useful and essential at the moment, is for leadership at all levels, legislative, community and business, to unite behind the common goal of increased funding for public education.  Our teachers, students, families…and our communities future deserve that much.

Note: I encourage all to review the source information contained at http://capitol.hawaii.gov Simply type into the search box SB2922. All the information is there.

First published in Civil Beat on October 24th, 2018

Voting is such a boring topic so I figure a rant is in order.

People that already vote, will yawn and say “been there done that…move along…I’ve done my part and now I can get back to working in the yard.”  

People who don’t vote will likely have already skipped this column after reading the first sentence, saying to themselves with a double yawn…”why bother…nothing changes…and I am far too busy complaining about all the stuff that is wrong in our town…plus I have yard work to do”.

Pardon my obsession with the yard work, but that also has been at the top of my list lately (to be clear not willingly).

To both the voter and the nonvoter, I say a pox on you both.  Frankly I am sick and tired of the excuses from both sides.  Hawaii has the worst voting turnout in all of America and it is your fault.  It is more than just embarrassing and it should be criminal.  Not voting and not making sure others vote, is like walking away from the helm of a ship full of people that is heading for the rocks.

Abdication of your responsibility as a citizen is not something to be taken lightly.  If you neglect your job, you can be fired and if you neglect your children, you can go to jail.

But you can neglect your community and get away with it.  Many of you don’t even feel guilty about it.  Shame on you.  Our entire community for generations to come, pays the cost of your neglect and you go about your business oblivious to the harm you are causing.

I am betting that most in the community do not realize that whether you voted or not in the last election is public information.  Yes, I can simply look up your name on a data base of voters that is public information and see whether or not you voted.  The information available will not say who you voted for, nor what political party you belong to, but it will indicate whether you voted or failed to vote.

Maybe that information should be public, as in posted online or in the local newspaper?  Does anyone think that public shaming would increase voter turnout?

As you can tell by now, I am mad as hell and am not going to take it anymore.

To those few who are still reading today’s rant on voting, thank you!  We can only manage our community problems and steer our community forward to a positive place, if we all take responsibility for the decisions and decision makers.  In desperate situations, sometimes a rant is in order.

I ask that you stick with me for a few more paragraphs, please.

To those who now vote, thank you for doing so but simply filling out the ballot is not enough. 

Do I need to say it again?  Filling out the dang ballot is not enough and you must do more.  You need to take your civic duties to the next level and talk to your friends, family and neighbors; ask, insist, beg them to vote.  Then ask them again to make sure they voted.  Then drop the hint that whether or not they voted is public information and you will find out (possibly the whole world will find out), whether or not they are lying to you.

To those that do not vote, and perhaps have never voted…I will take a kinder gentler approach and appeal to your higher angels.  Please, we need you to participate.  And your vote, truly does matter.  In the recent Primary Election there were candidates who won or lost by literally a handful of votes.  Your vote, the vote cast by those who have never voted in the past, is in many respects the most important vote as it reflects the future.  New voters are often the youth, and God knows we need the spirit, guidance, and vision of the youth today. 

Finally…to the 5 nonvoters who may still be reading, don’t believe the office of elections when they tell you “The deadline for voter registration is (blank) day.”  

I know it is hard to believe that while I tell you with one breath how it is important to vote, in the next breath I tell you that the Office of Elections does not have its act together.  But it is true.  While they WANT you to register to vote early, there is no requirement to do so, and you can register to vote on the same day that you actually do vote.

Thank you all who have gotten this far, for letting me get this off my chest.

Now, go vote, and bring a friend and neighbor with you.  Please.

First published in The Garden Island Newspaper – October 17th, 2018