Funding Public Education – The art of kicking the can down the road

Watching and listening to various individuals and organizations beating up on public school teachers and their effort to increase funding for public education is disheartening.

Every single opponent leads with, “I support public education and teachers but…(fill in the reason for opposing paying more for education)”.

Almost everyone acknowledges that public education is underfunded but those holding the reins of power and money, refuse to support any increased funding.

Their children of course go to private school, as did mine.

But the vast majority of Hawaii’s children attend public schools, as I did when I was in school. We as a community are morally obligated to make available to all children an education that provides them with the foundational skills needed to survive and prosper in an increasingly complex world.

Hawaii teachers are the lowest paid in the country, when the cost of living in Hawaii is factored in. Each year 1,000 teacher positions remain vacant, and positions are often filled by uncertified and unqualified long term substitutes. In addition to low teacher pay, small class sizes which have been proven to increase student learning also require a public investment. The list of funding needs for public education is long, and the neglect by the legislature to adequately funding those needs extends even longer.

The legislature and the public has been playing a game of “whack a mole” for a long, long time, effectively dodging the responsibility of properly funding Hawaii’s public education system. They say no to increasing the General Excise Tax (GET), no to raising tourist taxes (except for rail of course), no to taxing sugar drinks, and no to legalizing and taxing cannabis, taxing retirement income, casino gambling and/or a lottery.

Whack the mole, pass the buck, and kick the can down the road is how our state has dealt with funding public education, and we all should be a little ashamed of ourselves for letting that happen.

The Chamber of Commerce, the Board of Realtors, the big banks and the big landowners and developers, rarely if ever support any tax increases for any reason. Their world and the world of politics and policy is driven by self interest. I get that.

But don’t shovel out the shibai narrative that the Department of Education (DOE) needs to be audited first. Can’t we audit and increase efficiencies at the same time we are increasing funding? And don’t give us the disingenuous hyperbole that “this is going to cost everyone”. Shouldn’t it cost everyone? Shouldn’t we all pay a little?

The legislative intent is clear. The new surcharge will be targeted at the wealthy investor who does not live here and who does not rent to local residents. The intent and the actual language in the amendment is clear as well. The funds will go to education.

Though the opposition’s favorite whipping boy of the moment are teachers, the funds raised should this pass, will not necessarily go to them. I would hope that it does, but the language simply says to fund “public education”. Teacher pay is an issue of collective bargaining and subject to contract and negotiation as are all public worker salaries.

We owe teachers a debt of gratitude. They work long hours for substandard wages, and we rarely even say thank you. Now, when they take an upfront role in pushing to increase funding for public education, they are bashed and pounded upon by the bastions of the business community who themselves have failed to step up and help.

There is no right way to raise taxes so the result is nothing happens.

This insane cycle of neglect must stop.

The proposed constitutional amendment, allows the public to choose to increase the funding for public education via a surcharge on investment properties, or do nothing and just keep whacking the mole.

The choice is ours. I am voting yes.

*first published on October 17th, 2018 in the Honolulu Star-Advertiser

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Who and what am I voting for or against? A look at my Kauai general election ballot choices.

In response to several requests that have come via text, email and FaceBook, I have summarized below how I intend to vote on the various items contained on the General Election Ballot.  Though this is a Kauai specific list…several of the items are also applicable to ballots statewide.

I present my thoughts here with some hesitancy as I do not want to appear to tell others how to vote, and on some issues and people my thoughts and ultimate vote, also rely on the opinions of others whom I respect – I speak here specifically of the votes for OHA.  Like many non Hawaiian voters, I feel somewhat disinclined and unqualified to weigh in and vote on these choices however my friends in the Hawaiian community believe it is important that I do so.

In addition, when suggesting candidates that I am supporting, there is implied opposition to the “other candidates”.  As much as people say “it’s not personal”, I know from experience as a candidate that in fact it is taken as personal and thus breeds hostility…the repercussions of which sometimes reverberate into the future.  

But oh well…the alternative of being silent creates within me even more angst than the concern over what others might think and the offense they and their friends and family might take.  Remaining silent of course would also be abdicating my responsibility as someone who aspires to leadership in our community.

So here goes – I will start with the easy ones:

Governor and Lieutenant Governor: David Ige and Josh Green

U.S. Senator: Mazie Hirono

U.S. Representative: Tulsi Gabbard

Kauai Mayor: Unknown and possibly blank

Kauai County Council:

  1. Mason Chock
  2. Felicia Cowden
  3. Adam Roversi
  4. Luke Evslin

Read here why these 4 are my top choices.

https://garyhooser.blog/2018/10/03/four-excellent-choices-for-kauai-county-council/

5) Norma Doctor Sparks – I have decided that Norma Doctor Sparks will be my fifth vote for the Council.  She has by far the most experience with regards to managing large government budgets, and she has demonstrated through her actions and outreach that she cares about and will be responsible to the concerns of all Kauai residents.  My vote for Norma Doctor Sparks is an insurance vote intended to support the end result that at least 4 new independent and community based voices are elected to the Council. Plus – we need more women serving on the council!

Though Kauai voters are allowed “up to 7 votes”, in an effort to maximize the impact, my personal votes will be limited to these 5.  You can read more about this strategy of “block voting and plunking” here:

https://garyhooser.blog/2014/10/18/on-plunking-block-voting-slates-and-other-such-kauai-county-council-voting-strategies/

Moving to the questions regarding questions pertaining to amending the State Constitution:

I am voting NO on all Constitutional and Charter amendment questions.

I am voting NO on the question: “Shall there be a convention to propose a revision of or amendments to the Constitution?”

Read the basis of my No vote here: 

https://garyhooser.blog/2018/09/20/why-im-voting-no-on-con-con/

On the questions pertaining to amending the County of Kauai Charter:

Relating to the Public Defender — Question 1 – I am voting NO  – Shall the charter be amended by repealing Article IX, Public Defender, as this function is already provided by the State?

Relating to the Electric Power Authority – Question 2 – I am voting NO – Shall the Charter be amended to repeal Article XXX, which empowers the Council to create an electric power authority by ordinance?

Relating to the Zoning Board of Appeals — Question 3- I am voting NO – Shall Article XIV, Planning Department, sections 14.01, 14.03, 14.12, 14.13, and 14.14 be amended by removing all references to the zoning board of appeals? NOTE: My No vote is based on my lack of understanding as to whether or not this diminishes the rights of those who would want to make an appeal.  I understand the Planning Department wants this change, but I am not clear whether the replacement is adequate.

While some make a strong argument that the three amendments above are not needed.  I see no harm in “keeping them on the books” in case they might be needed in the future.

Relating to the Public Access, Open Space, Natural Resources Preservation Fund — Question 4 – I am voting NO – Shall Article XIX, Financial Procedures, Section 19.15 © be amended to permit the Public Access, Open Space, Natural Resources Preservation Fund to include improvements? NOTE: I prefer these funds be used primarily to acquire new properties and am concerned that they will be used up by “improvements” which could drift into the realm of regular maintenance.  These funds should be used to purchase long term assets (property) and not as operational funds.

Relating to the Salary Commission — Question 5 – I am voting NO – Shall Article XXIX, Salary Commission, Sections 29.01 and 29.03 be amended to give the salary commission authority to establish the maximum salaries of all elected and appointed officials, and to add the director of human resources and the director of finance as ex-officio members of the commission? NOTE: If passed this will result in higher salaries for councilmembers, the mayor and top administrative heads – without the Council being involved which means they escape political consequences.

Relating to term limits for the office of Councilmember — Question 6 – I am voting NO- Shall the term limit of office for Councilmember be removed?  NOTE: This was put on the ballot primary to benefit Councilmember Kagawa whose term expires in 2020.  The people overwhelming support limiting the terms of councilmembers, if passed this allows unlimited terms.

You can read more about the basis for my decisions on the Charter Amendments, and about who NOT to vote for for the Kauai County Council here:

https://garyhooser.blog/2018/10/02/candidates-that-dont-show-up-dont-deserve-your-vote/

For the Office of Hawaiian Affairs (OHA) Every voter in the State votes for every District race.  Here are the suggestions:

Maui: Ke’eaumoku Kapu

Oahu: Esther Kia’aina

At Large (vote for up to 3):

Lei Ahu Isa

William Aila

Brendon Lee

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Who I am. Why I am doing this. How you can help. (my recent email message in case you did not get it)

Aloha,

The goal of this email is to enroll your help in making our community and our world a better place. If we have not yet met in person, this message will further serve as an initial introduction as to who I am, and why I do the work that I do. Mahalo for this brief moment of your time.

I suspect that you are as outraged and also as saddened as I am over what has been happening in D.C. and around the world.  I am hopeful that you will join with me today in turning those feelings into action.

Climate change, species depletion and massive environmental degradation of air, land and water is happening now, on our watch right before our eyes. The economic disparity that exists between the top 1% of the population and the bottom 99% is beyond the pale of simply sad and unjust.

I believe we can and we must continue to fight back and take back what is our birthright – a healthy planet and a just world.

We can win but each of us must do our part. Some can do the constant and sometimes brutal heavy lifting, and some because of circumstances can help in smaller but important ways – together with all of us pitching in, we can win.

Hawaii can be a model for the change that is needed globally.

Working together with many others from across the state, we have a plan in place that can bring about significant positive change but we need your help – Please, join with us at: Pono Hawaii Initiative (PHI) (https://ponohawaiiinitiative.org/join/) and Hawaii Alliance for Progressive Action (HAPA) (https://www.hapahi.org/take-action/) today.

Or if you have questions, concerns or suggestions that you would like to share with me directly, please email me at GaryLHooser@gmail.com (mailto:GaryLHooser@gmail.com)

If we have not yet met, let me tell you a little about myself.

While based on the island of Kauai, I travel frequently through-out the archipelago and beyond, working with a wide and diverse network of individuals and organizations who share a common focus of putting people and the environment over profits.

My full bio is here (http://garyhooser.com/#two) and a brief list of career highlights here (http://garyhooser.com/#accomplishments) .

Prior to first entering politics at the County level in 1998 and then being elected to the Hawaii State Senate in 2002, my background was in small business.

I understand the value of entrepreneurship and the need to build and maintain a strong economic base.

However it has become increasingly clear in recent years that our world is dangerously out of balance and that large corporate interests that put profits above all else combined with a dysfunctional political/government structure are to blame.

My life and work is dedicated toward fighting back and reversing the environmental, social, economic and political degradation that is occurring in Hawaii and across the globe.

Together, we can do this. Please join me today.

Sincerely,

Gary Hooser

Executive Director – Pono Hawaii Initiative (PHI) (https://ponohawaiiinitiative.org)

Board President – Hawaii Alliance for Progressive Action (HAPA) (http://www.hapahi.org)

Gary Hooser Blog: Why I am voting NO on Con Con (https://garyhooser.blog/2018/09/20/why-im-voting-no-on-con-con/)


							
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Four Excellent Choices for Kauai County Council

I recently had the pleasure of co-hosting a KKCR “Out Of The Box” radio show that featured a discussion among four candidates for Kauai County Council.  I was genuinely impressed by each and every one of these individuals and found myself at the end of the show, hoping that each will be elected on November 6th.

The show was co-hosted by community radio stalwart, Jonathan Jay and we were joined in the studio by Kyahnasun Dakini, who shared her mana’o and among other things, asked the four candidates the “dairy question”.

Jonathan Jay had designed the show around exploring the embedded wisdom of the Hawaiian Proverb – ʻŌlelo Noʻeau –  “He Waʻa He Moku; He Moku He Waʻa”  – “The Canoe is an Island; The Island is a Canoe”.  He invited these particular 4 candidates to be on the show because each has experience in the canoe paddling world.

It was an interesting and thought-provoking show, a new generation of leaders sharing life lessons and attitudes about the value of trust and teamwork they learned from paddling waʻa. 

Besides the most obvious “we are all in this together” correlation with the canoe metaphor, many other common themes were brought to the surface as well.

Experienced canoe paddlers know and understand that once they are in the canoe, individual egos must be set aside for the common good and each paddlers strengths and weaknesses must be considered when evaluating their placement and paddle position.  The individual paddler must be self-aware enough to recognize their own tendencies and abilities in order to “play their position” as best as they can.  Each must accept, respect, and support the others so long as they are giving it their best, even if they may not be the strongest or the most talented.

Foremost is keeping the ultimate destination always in mind and all four agreed that ultimately that goal with regards to the Council centers around improving and protecting the quality of life for local residents.

All four recognized and supported the fact that the ultimate destination will only be reached ostensibly via a common vision supported by good planning, and steady management. 

In my experience serving in politics, these quality of life objectives are relatively easy to agree on but the specific proposals for solutions to real world, here and now problems are often debated and rarely achieve unanimous consensus.  The perfect storms that confront any legislative body attempting to reach consensus on public policy are inevitably controversial, and passing through unscathed is further complicated by the injection of ego and arrogance, often referred to as “the big dog syndrome”.

Anyone who watches the Kauai County Council knows what I am talking about.  While we never really got to the question as to what happens in a canoe when the “big dog syndrome” rears its ugly head, I suspect the answer would be somewhere between “throw him overboard” and “ignore him and just keep paddling”.

Keeping your eye on the long view, dealing proactively with the problems facing us today, and ignoring and disempowering the ego driven distractions, are the true tests of leadership especially needed now on the Kauai County Council.  I believe all four of these individuals, while each being uniquely different from the other, meet that test.

Mason Chock who presently serves on the Kauai County Council, is a solid rock of character and integrity.  He is grounded in community, pragmatic in his approach to problem solving, and serves as a leadership bridge of sorts on the existing Council.

Felicia Cowden cares deeply about all of Kauai as demonstrated by the countless hours she spends attending meetings and functions occurring throughout our island.  She is driven to learn and know more about the challenges that face us, and is committed to searching out solutions to those challenges.

Luke Evslin is likely the most analytical of the group and you will find that his eye will never leave the ball.  His focus will always be on the long game and achieving the end vision, but he is pragmatic enough to understand that in order to get to that end destination, stops and adjustments have to be made along the way.

Adam Roversi is a candidate who I know the least, but in many ways the one with whom I am most impressed.  He possesses a rare combination of deep thinking and realism.  A pragmatic idealist, he understands the need to find and develop tangible solutions to problems before the County today.  Adam Roversi is a former building contractor who put himself through law school (with a focus on Hawaiian and environmental law), and then came home to serve as a Kauai Deputy County Attorney.  Each and every endeavor he pursued was fraught with challenges, but in each case he rose to the occasion, learned the lessons that needed to be learned, and then achieved the goal he had set his eyes on.  I have no doubt if elected to the Kauai County Council on November 6th, that Adam Roversi will once again rise to the occasion and serve our community with distinction.

While each of these candidates is possessed with sufficient personal confidence and self worth to be “a big dog” in their own right, each also possesses the maturity needed to be able to set aside their personal egos in pursuit of the common good.  As proven by their existing life and past accomplishments, each is also incredibly hard working, knowledgable, and committed to our community. 

Oh, and about the dairy question? All four of the candidates answered it similarly and to paraphrase; “Based on the information that is available, I do not support a dairy of this size and scope in the area in which it is proposed.” 

 

Please talk to these four individuals yourself and in fact, reach out to all 14 council candidates.  Attend the forums and review their websites and FaceBook pages.  You’ll find the process of elimination is fairly straight forward.  Of the 14, some will not return your email and several will not have a website or a Facebook page.  When you attend a forum or two you will also find that unfortunately more than a few (those who believe they are the true big dogs) do not even bother to attend these worthwhile public events.  

Do your homework and make your own scorecard.  Talk to your friends and family and make your own informed decision as to whom can best lead our county forward in the coming years.

Most importantly, vote!

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Candidates that don’t show up, don’t deserve your vote.

In approximately two weeks, the first round of absentee ballots will be mailed out for the General Election.  Like many in the community, my mind is still not totally made up as to who I will be voting for the Kauai County Council or for Mayor.  As mentioned in my last column on September 26, I have settled on at least 4 of my council choices (“4 Excellent Choices for Kauai County Council”).

https://tinyurl.com/ydy9tkv4

But as to whether or not I will limit my vote to just the 4 (which is my inclination), or vote the full 7 – I frankly do not know.

Kudos to the Kauai Community Coalition in partnership with other organizations for hosting a wide array of political forums in locations spanning the entire island.  These forums have allowed Kauai residents to meet, hear, and watch the candidates in person.The small group discussions have been invaluable in offering voters a tangible experience in which to base their decisions.  To date, eight separate candidate forums have been held in locations stretching from Hanapepe to Hanalei.

Only Councilmember Ross Kagawa, Councilmember Arthur Brun and Councilmember Arryl Kaneshiro have failed to show up and respond to the community questions presented at these forums.

The next and final Council forum is scheduled for October 18 in Kilauea at the Pavilion at Anaina Hou Community Park, from 6:00pm-8:30pm.  The topic will be climate change.

Other community groups focused on the environment, solid waste, community planning and water quality have also sent out “issue surveys” to the candidates, seeking their responses to important questions that impact all of us. You can read the responses here which are very, very interesting: https://tinyurl.com/ydy78pu7

Councilmember Ross Kagawa, Councilmember Arryl Kaneshiro and candidates Kanoe Ahuna and Shaylene Iseri have chosen not to participate and answer these questions.

The Kauai Chamber of Commerce should also be commended for conducting “candidate interviews” and posting these individual Q & A sessions on YouTube, for all of us to review and use in our decision making.I highly recommend viewing these excellent 15 minute individual interviews here: www.bit.ly/2OpcKl5

Unfortunately, Councilmember Ross Kagawa and candidates Kanoe Ahuna and Shaylene Iseri did not participate in this valuable Chamber of Commerce program either.

The bottom line is that you, as a voting resident, have a wealth of information available to you that will allow you to make an informed decision as to who will represent you on the Kauai County Council.  Please attend a forum in the future, review the survey responses, and take the time to watch the Chamber of Commerce Videos.

And please, do not vote for those candidates who have chosen not to show up.

While missing one or two forums is certainly understandable, incumbent candidates especially who choose to ignore and skip them all are sending their own message of contempt and arrogance. One has to wonder if someone is not available and interested in public input while campaigning, how available and open to public input will they be once elected?

There are at least two somewhat tricky, but important, questions on the ballot that pertain to proposed Charter Amendments:

Councilmember Ross Kagawa introduced to the Council a proposed amendment that attempts to eliminate term limits for councilmembers.  At the present time, councilmembers are limited to four consecutive two year terms.

The question on the ballot will say “SHALL THE TERM LIMIT OF OFFICE FOR COUNCILMEMBERS BE REMOVED? 

A “NO” vote will keep in place existing term limits.  A “YES” vote will allow councilmembers to serve an unlimited amount of terms.

Another important charter amendment being proposed attempts to change the way salaries for councilmembers, the mayor, and members of the county administrations are determined.The proposed amendment eliminates the existing County Council authority to reject all or part of the Salary Commission’s annual salary resolution thereby giving the Commission sole authority to set the maximum salaries of elected and appointed officials.

Historically the Salary Review Commission regularly recommends robust salary increases under the premise of keeping salaries competitive with the private sector.  The pressure to maintain pay equity among County administrators who sometimes earn less than the employees they supervise, also drives recommendations to increase County salaries.

To the contrary, the County Council has historically resisted granting salary increases to themselves and to top administrators.  Though it may seem counter-intuitive, by taking “politics out of the question” (as this charter amendment proposes to do) will likely result in salaries for everyone being increased at a greater degree than they might otherwise.  Councilmembers and others will receive raises based on the actions of the Salary Review Commission and then will rightfully so be able to say “I had nothing to do with it”.

The question on the ballot will state: SHALL ARTICLE XXIX, SALARY COMMISSION, SECTIONS 29.01 AND 29.03 BE AMENDED TO GIVE THE SALARY COMMISSION AUTHORITY TO ESTABLISH THE MAXIMUM SALARIES OF ALL ELECTED AND APPOINTED OFFICIALS, AND TO ADD THE DIRECTOR OF HUMAN RESOURCES AND THE DIRECTOR OF FINANCE AS EX-OFFICIO, NON-VOTING MEMBERS OF THE COMMISSION? 

A “NO” vote will retain the status quo and most likely (in my opinion) keep salaries lower and will continue to require councilmembers to make the decision.  A “YES” vote will take councilmembers out of the equation and allow them to receive salary increases without being involved in the decision and thus avoid potential political repercussions.

For what it’s worth, I will be voting NO on both the attempt to eliminate term limits and the effort to take councilmembers out of the decision making loop as to the Salary Review Commission and increased salaries.

Read the charter and see the actual amendments and full language here: www.kauai.gov/charter

And please, take ownership of your government.  Study the issues.  Meet directly with the candidates. And vote!

First Published in The Garden Island newspaper on October 3, 2018

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Doubling Down, Next Steps and a Plan To Win

Below is our “next step” plan and strategy to win. I think you will like it and am hoping you can help.

Following up on our successes in the Primary Election , Pono Hawaii Initiative (PHI) is doubling down and pushing even harder – focusing on the Kauai/Maui Council Races in the General Election, and on the upcoming 2019 legislative session.

We are currently building the mother of all constituent contact systems (MOACCS). This will be a statewide contact management database of Hawaii residents/voters who self-identify as progressives and who support environmental, economic and social justice.  The “issue affinity” of Hawaii residents will be identified state-wide by District via multiple strategies.

These efforts will be conducted over the next 3 months via email, social media, direct mail and door-to-door canvassing in targeted districts. The initial fruits of this effort will be directed toward driving quality, informed testimony in support of landmark progressive legislation that will be proposed during the 2019 legislative session.

The effort of building and expanding the statewide base of qualified constituent contacts will continue aggressively through 2019 in anticipation of putting into place a massive GOTV effort in support of progressive candidates in the 2020 elections.

Our goal is to identify voters by District in sufficient numbers necessary to win a House seat.  These same individuals/voters will also be encouraged to actively participate in the legislative process by submitting testimony on issues pending before the state legislature and/or county councils.

Game on.

We have high quality experienced candidates on every island. Now, working together with friends and allies around the state and across issue focuses, we will build the support structure necessary to help push them over the top.

Please help. The system we are building will be a potent and powerful tool, but it also requires a significant investment to design, build, populate and maintain.

Though we run very lean, PHI does have continuing administrative operating costs and following the heavy push during the recent Primary Election our reserves are at minimal levels. In the interest of full disclosure, as the PHI Executive Director I earn a whopping $1,000 per month.  And as most of you are aware, I work on this stuff 24/7.  I love the work and will continue doing my job, full steam ahead – but need your help to sustain the effort.

We need to raise at least $20,000 by the end of October in order to design, build and begin a robust effort to populate the MOACCS, and to support the basic operations of PHI.  At least 50% of this must be raised by October 5th if we are to maintain our momentum.

Contributions of any amount are welcome and may be made via our new Act Blue portal or checks may be mailed to: Pono Hawaii Initiative, P.O. Box 871, Honolulu HI 96808

Note: Contributions to PHI are not tax deductible.

As always, I welcome your input and am available to meet in person or speak on the telephone, at your convenience – anywhere on any island.

Mahalo to all for your ongoing help and support.

Sincerely,

Gary Hooser

Pono Hawaii Initiative (PHI)


							
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Why I’m voting no on Con Con

This is a tough one.  On the one hand I want to celebrate and embrace the concept of a grass-roots “people’s democracy” that a Constitutional Convention (Con Con) symbolizes. On the other hand, risking our existing constitutional protections on a roll of the dice, makes no sense at all. 

Don’t get me wrong, I am not risk-averse.  Going into business, running for elected office, buying my first home, starting up new organizations, and embarking on various issue campaigns were all high risk ventures.  Trust me, I know, understand, and often embrace the risk involved with putting it all out there and “going for it”.

But it is one thing to risk it all when you have nothing, and an entirely different thing when you risk your entire treasure.  And this is what a vote in support of Con Con equates to.

At risk is having our Constitution changed to diminish the strong language it now contains protecting the environment, indigenous rights and working men and women.

Here are just a few of the provisions that could be deleted, or changed from a “shall” to a “may” (two of the most important words in lawmaking).

“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…All public natural resources are held in trust by the State for the benefit of the people.”

Article XI Section 1

“Each person has the right to a clean and healthful environment, as defined by laws relating to environmental quality, including control of pollution and conservation, protection, and enhancement of natural resources.  Any person may enforce this right against any party, public or private…”  

Article XI Section 9

“The State reaffirms and shall protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupuaʻa tenants.”

Article XII Section 7

“The State shall promote the study of Hawaiian culture, history and language.”

Article X Section 4

“The State has an obligation to protect, control and regulate the use of Hawaii’s water resources for the benefit of its people.” 

Article XI Section 7

“Persons in private and public employment shall have the right to organize for the purpose of collective bargaining…”

Article XIII Section 1 and Section 2 (combined here)

The above are just a handful of provisions that make Hawaii’s existing constitution exceptional.  Please read the entire constitution here and see for yourself the many positive items contained that provide a civilized framework for us to preserve all that we love about Hawaii and make life here sustainable and healthful for all . https://www.noconcon.org/

We recently completed the Primary Election and I was encouraged by the fact that those who support bold progressive change focused on economic, environmental, and social justice did fairly well.  We picked up a few seats in the House and in the Senate. Those few seats represent a significant step forward.

But Progressives are a long way from holding a majority, and, of course, the majority rules.

Should voters say YES to a Con Con on November 6th, those who hold a majority of the delegate seats and those who hold the money will drive the process. It isn’t hard to predict the outcome.

The process would be as follows:

  1. During a special session of the legislature in 2019, the existing House/Senate would establish the number of delegates and the manner in which they are elected (at large or by district), staffing, and budget for the Con Con.  Proposed budgets for a future Con Con range from $7.5 to $48.8 million, as per the Hawaii State Legislative Reference Bureau. 
  2. Based on the rules established by the 2019 legislature, there will be an election of Con Con delegates.  In past Con Con’s there was no prohibition against legislators themselves running for these positions.  In the 1968 Con Con approximately 1/3 of the convention delegates were legislators; a majority of the rest were closely connected to the legislature.  In 1978, fewer legislators served on the Con Con.  As is true in all elections, existing political incumbents and former office holders (with big money behind them) have a much greater chance at being elected than the grassroots citizen advocate.
  3. The Convention is convened after the delegates are elected and the delegates divide into factions, select their own leadership, form committees, and proceed to develop proposed constitutional amendments.  As is the case in every democratic structure, the majority will decide which proposed constitutional changes will be placed on the ballot and which will not. 
  4. At the November 2020 General Election, the proposed Constitutional Amendments approved by the majority would be placed on the ballot for voters to approve or not.
  5. Organizations and interest groups with money (think local as in carpenters/PRP and national as in Koch Brothers) will form Super Pacs and drown the airwaves with “vote yes and vote no” messages.
  6. Those with the most money will win.

After considering this process, remember that we already have contained within our existing constitution, very strong provisions protecting the environment, indigenous rights, and labor.  Voting YES for a Constitutional Convention puts all of this on the table and gambles that delegates who support our world view will gain a majority during the delegate elections.

Some will argue that the people could gain the right to initiative, referendum and recall, cannabis legalization, and possibly publicly-funded elections (three of the most talked about measures).  Others are hoping to put term limits for state legislators into place.  

A majority of the elected delegates (barring a major miracle) will in all likelihood, consist of forces representing the status quo establishment and institutions now in power.  Their natural agenda is to preserve the status quo and to strengthen their own power and influence.  

So they ain’t going to give us publicly funded elections, and nor will they be in support of term limits, of that you can be sure. It is pure folly to think otherwise.

To be clear, I believe in miracles. David can, and does occasionally conquer Goliath, and a small group of focused individuals can indeed triumph in the end to change the world for the better.  But I also believe that it would be irresponsible to gamble with the future of our children and grandchildren at this particular point in time. 

Please join me in voting NO on Con Con.

Excellent Resources:

A must read for policy wonks – Journal of the 1978 Constitutional Convention:  https://digitalcollections.hawaii.gov/docs/concon/1978/1978%20Con%20Con%20Journal%20Vol-1%20Journal.pdf

Vote No on Con Con: https://www.noconcon.org

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Political, Judicial, Legislative = #winning

This was a good week for the grassroots on the political front.  Actually it has been a phenomenal year on many levels for the grassroots citizenry working hard to protect health and environment, and to expand and improve citizen based democracy.

On Saturday, August 25, the Democratic National Committee (DNC) voted to end the practice of “Superdelegates” voting on the first ballot during the 2020 Democratic Party National Convention. When rank and file pledged delegates attend the Convention, their votes will be counted first and the insider/establishment “Superdelegates” will only be allowed to vote on subsequent ballots or to confirm the choice of the rank and file pledged delegates.

This historic rule change and other important reforms passed during last week’s winter DNC meeting in Chicago is a testament to the power of the grassroots, and to the Democratic Party’s responsiveness and willingness to embrace change.

As the Vice Chair of the Democratic Party of Hawaii and voting member of the DNC, I was honored to work alongside both grassroots Party activists and mainstream establishment Democrats to help make this historic change happen.

This major win at the DNC in Chicago is amplified by the many Primary Election wins that are now occurring across the continent and here in Hawaii by progressive and environmentally friendly candidates.  At least for now anyway, the good guys are winning at the ballot box while the corporate polluters and poisoners are not.

On the judicial front the same is true, with two major, major, humongous victories for health and the environment.

On August 9th, a Federal Appeals Court ordered the EPA to ban Chlorpyrifos nationwide.

Judge Jed Rakoff wrote, “There was no justification for the EPA’s decision in its 2017 order to maintain a tolerance for chlorpyrifos in the face of scientific evidence that its residue on food causes neuro-developmental damage to children.”

Chlorpyrifos is used widely in Hawaii and testing by the State of Hawaii has confirmed evidence of its presence in small amounts at the Waimea Canyon Middle School and in other areas of West Kauai.

Then on August 10th a San Francisco Superior Court ordered Monsanto to pay $289 million in damages over their cancer causing RoundUp.

Monsanto “acted with malice, oppression or fraud and should be punished for its conduct,” Judge Suzanne Ramos Bolanos announced in court.

Thousands of additional plaintiffs are in line with similar claims and the potential net financial impact on Monsanto (now Bayer) is astronomical. The chemical giant will of course appeal.

I wish I could report that government agencies across Hawaii have reacted quickly to the mounting evidence that RoundUp/Glyphosate causes cancer and have banned its use at parks and schools across the State.

However both, the State and the County government, continue to ignore the warnings put out by the World Health Organization and this particular court decision.  One would think, that in the abundance of caution, they would at least begin limiting the use of this pesticide around schools and places where children frequent.  Perhaps a law to this effect will need to be passed during the 2019 legislative session.  It’s a shame really, as administrative agencies could make this happen without the necessity of legislation.

This month was a bit of a triple whammy for Hawaii’s chemical companies.  On August 9th, the court orders the EPA to ban chlorpyrifos, on August 10th a different court hammers Monsanto with a $289 million fine and then locally on August 11th, two of the industries most vocal advocates were soundly trounced in their bid for election to the Hawaii State House and Senate.

On the legislative front, all of this, follows on the heals of the passage into law of Hawaii’s SB 3095 on June 2nd.  This measure created a “first in the nation” phased ban of chlorpyrifos, modest buffer zones around schools, and full disclosure of all Restricted Use Pesticides (RUP).

Yes, this past few weeks and months have been good ones for those of us engaged in the fight to expand democracy and protect health and the environment.  The pendulum it seems, is finally swinging our way. It behooves us however, to keep growing the movement for change, to take nothing for granted, and to keep pushing hard to protect the world our children and grandchildren deserve.

First published on August 29th, 2018 in The Garden Island Newspaper

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Progressives put incumbents on notice

Progressives across the island chain made it clear on primary-election night that, as Nina Turner of Our Revolution says, “any ole blue will not do,” vigorously challenging incumbents, and targeting open seats at all levels — county, state and federal.

The progressive movement made solid net gains in the Hawaii House and the Senate, picking up at least two House seats and three YUGE Senate seats. In addition, several candidates running on an unabashedly progressive agenda lost by only a handful of votes. Two striking examples are Maui progressive challenger Terez Amato who finished only 106 votes behind incumbent Sen. Rosalyn Baker, and Sonny Ganaden who landed just 51 votes short of defeating veteran politician, Romy Cachola for House District 30.

Two chemical-company-endorsed candidates — one running for the state Senate, one running for state House — were soundly defeated by candidates who supported increased pesticide regulation. Voters had clearly noted the grassroots effort that culminated in Hawaii’s pioneering legislation banning brain-harming chlorpyrifos and requiring greater transparency from the chemical companies. And they said NO to giving corporate ag companies more clout in our Legislature.

Qualified progressive candidates ran strong credible campaigns in over 20 state legislative races, giving status quo establishment candidates a run for their money. Consider this: the entire Republican Party was only able to field candidates for 25 legislative races.

You can be assured that if the Republican Party picked up two House seats and three Senate seats, they would be doing backflips right now. But no, that is not going to happen anytime soon.

The message sent on Aug. 11 by the progressive base in the Democratic Party was loud and strong. We are greatly disappointed in the glacial pace of change toward increasing economic, environmental and social justice.

Progressive candidates are willing and fully able to aggressively challenge those who are deliberate impediments to change.

One hopes that those who survived the challenge can read the writing on the wall. That alone should help move the needle significantly toward policy initiatives that put people and the environment first. They have been given notice that people must come before corporate profits and “good ole boy, business-as-usual” politics.

While it may seem like adding two new House members and three new senators may not make much of a difference, these small numbers matter. A handful of new legislators can, and will change the leadership dynamics, particularly in the Senate.

In addition to adding five strong progressive voices to the mix, there is now a veritable army of new battle-tested candidates who are already planning their 2020 campaigns. Incumbents in the House and Senate know that these candidates will be waiting for an opening. That should make incumbents more receptive to a bold economic, environmental and social justice policy agenda.

This should mean a 2019 Hawaii Legislature that passes a $15 minimum wage bill, a paid family leave initiative, stream-flow restoration legislation, and renews the emphasis on building truly affordable housing. 

It is worth noting that the progressive and environmental community were key players in ensuring David Ige’s primary-election win. He has shown through his actions and public statements that he welcomes a change agenda that advances justice on many fronts.

The progressive candidates who fell short in their quest for election should take pride in knowing they helped to move us all forward. Because of them, the momentum of our collective movement for change grows stronger.

It is time now to turn our attention toward the general election and encourage greater voter turnout in support of those who will deliver on the change that is desperately needed. And we must begin immediately developing a bold agenda to move forward during the 2019 legislative session. Imua!

First published on August 19th, 2018 in the Honolulu StarAdvertiser.

Gary Hooser is executive director of the Pono Hawaii Initiative.

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2018 Kauai Primary Election Re-Cap

While I’m sure Council Chair Mel Rapozo will put up a valient fight, the bookies in Chinatown are no doubt giving heavy odds in favor of Councilmember Derek Kawakami being elected Kauai’s next Mayor on November 6th in the General Election.

But, as those who follow these things well know, anything can happen. 

Coming out of the August 11th primary election with 48% for Derek Kawakami and 22% for Mel Rapozo, means Rapozo will have to get all of Lennie Rapozo’s votes and all of JoAnne Yukimura’s votes just to start breaking even.

The likelyhood of this happening seems slim. But you just never know.

As we speak, the Mel Rapozo team is probably deep into developing their strategy. We can only imagine the conversation as the different options are discussed.

Typically in an election of this nature, there will be an inclination by some on the campaign team to “go negative” as without “bringing his votes down” and weakening the support of the stronger candidate, all the positive talk in the world will not sufficiently build the votes needed to overcome the candidate ensconced firmly at the top. Others on the team will loudly protest that this strategy is “not Kauai’s way” and caution that it will backfire.

Where will JoAnn Yukimura’s supporters go? That is the question everyone who follows Kauai politics is likely asking. For if they swing to Kawakami early, then this race is already over. No doubt, at this very moment the Rapozo team is frantically trying to figure out how to garner her support. 

Taking into consideration the manner in which she has been treated over the last few years on the Council, I would say good luck but don’t hold your breath on this strategy.

As to the Kawakami strategy, it is simple and basic – steady as she goes. He will keep smiling and shaking hands, he will keep raising and spending money, and he will avoid at all costs, doing anything foolish or taking any risks.

As to the top 14 council candidates:

It was no surprise to see Arryl Kaneshiro and Mason Chock at the #1 and #2 slots, respectfully. I was somewhat surprised to see Ross Kagawa hanging on to #3, while the big winner of the night was no doubt first time candidate Luke Evslin who finished in a strong #4 position, ahead of a sitting councilmember Arther Brun at #5. Former councilmember Kipukai Kualii finished in the #6 position with Felicia Cowden garning the all important last and final position #7.

At the bottom of the pile, we have Adam Roversi sitting in the #14 slot preceded by Kanoe Ahuna at #13, Milo Spindt at #12, Shaylene Iseri at #11, Juno Apalla at #10, Billie DeCosta at #9 and Norma Doctor Sparks, just out of the money in position #8. The big surprises in this group are that Milo Spindt and Shaylene Iseri finished so poorly. Milo was probably the first candidate to start campaigning and has been very active around the County putting up signs and banners. And of course Shaylene Iseri is the former County Prosecuter and also served on the Kauai County Council, so her name recognition is stronger than most.

My predictions: Kaneshiro and Chock will remain firmly embedded at the top. Kagawa and Brun will drop in the standings as voters start looking more closely at what they have done, or not done on the Council. But the truth is, that unless they take their campaigns for granted and attempt to coast through the next few months, they are still likely to get reelected.  

Evslin will remain high and strong in the standings, while Cowden and Sparks will both rise a notch or two.

Kipukai who has run in many elections, does not always finish strong. Given the communites desire for new energy and new leadership, I suspect he will also drop in the standings. Iseri likewise seems to have peaked-out and to many in the community represents a past council they would rather forget.

DeCosta and Apalla are in a decent position to move up, but the slots above them are already crowded with others equally as hungry to serve on the Council.

While historically it is extremely difficult for a candidate to rise from #14 or #13 into the top 7, Adam Roversi got a very late start in the Primary, as did Kanoe Ahuna.  Both are potentially strong candidates and either could break the mold and plow through to the top 7, if they are able to turn up the steam and run very strong campaigns during the next few months.

At the end of the day, except perhaps for the incumbents, those who win seats to the Kauai County Council on November 6th will be those who want it the most and who are willing to do the work needed to get there.

First published on August 15, 2018 in The Garden Island Newspaper

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