HomeMy WebLinkAbout2021-03-01 Redistricting Commission minutes (1st Session)2021
HAWAI`I COUNTY
REDISTRICTING COMMISSION MINUTES
I" Session
Monday, March 1, 2021
County Council Chambers
25 Aupuni Street
Hilo, Hawaii 96720
ATTENDANCE:
Present: Mr. `Aina Akamu, Commissioner (via videoconference)
Ms. Stephanie Bath (via videoconference as an observer)
Mr. James Hustace, Commissioner
Mr. Bronsten-Glenn Kossow, Commissioner
Mr. Stephen Lopez, Commissioner
Mr. Meizhu Lui, Commissioner
Ms. Jennifer Yadao, Commissioner
Mr. Dwayne Yoshina, Commissioner
Also Present: Jeanette Aiello, Council Administrative Services Supervisor
P6maika`i Bartolome, Executive Assistant to the Mayor
Nicole Bello, Private Secretary to the County Clerk
Aaron Brown, Deputy County Clerk
Jon Henricks, County Clerk
Dennis Kauka Jr., Legislative Specialist / Secretary
Diana Mellon -Lacey, Deputy Corporation Counsel
Pat Nakamoto, Elections Program Administrator
Cori Saiki, Elections Program Specialist
CALL TO ORDER:
MELLON-LACEY: Good morning everyone. My name is Diana Mellon- Lacey. I'm
the Corporation Counsel working with you today, and I'd like to call the Hawaii County
Redistricting Commission Meeting to order. It's 10:03 a.m.
INTRODUCTION OF SUPPORT STAFF AND COMMISSIONERS
MELLON-LACEY: Our order of business today, and everyone has an agenda? Okay.
The first thing we'd like to do is introduction of support staff and Commissioners. I've
introduced myself. Can we have the rest of the support staff to introduce themselves?
We have Pat Nakamoto from the Elections Office.
NAKAMOTO: Hi, I'm Pat Nakamoto. I'm the Elections Program Administrator and our
office will help you with technical support. With me today is Cori Saiki. She is the
Elections Program Specialist for our office and we will both be providing technical
support to the Redistricting Commission. Thank you.
MELLON-LACEY: And, then we have Dennis.
KAUKA: Aloha everyone, my name is Dennis Kauka Jr. I'm a Legislative Specialist
with the Legislative Research Branch and I'll be the Secretary for the Commission and
your main contact person. I just want to thank and welcome all of you. Thank you for
working with us as we coordinated this first session today. I especially want to give a
thanks to Commissioners `Aina Akamu and Stephanie Bath who couldn't be here in
person today so we kind of had to work offline to get them sworn in separate ways but
thanks for their cooperation with that and to the Clerk's office for providing a lot of
support today. Thank you.
ROLL CALL
MELLON-LACEY: Okay so I'd like to do a roll call of the Commissioners. Meizhu Lui,
"Here," Jennifer Yadao, "Present," Dwayne Yoshina, "Here," Stephanie Bath, "As an
Observer." Thank you. `Aina Akamu, "Here via Zoom," Bronsten-Glenn Kossow,
"Here," Stephen Lopez, "Here," James Hustace "Present." Thank you and then I believe
we have a new nominee for District 3 but they have not been confirmed yet. Breeani
Sumera-Lee, are you in attendance? (Received no response.) I believe she was attending
as an observer but, thank you.
NOMINATIONS AND ELECTION OF OFFICERS
MELLON-LACEY: What I thought we would start with, because one of our first orders
of business in getting this commission up and rolling is for you to elect a Chair and Vice
Chair, would be for you each to introduce yourself and say a little bit about yourself and
your experience and your interest in serving on this Commission and if you're interested
in one of those positions, in being either the Chair or the Vice Chair of the Redistricting
Commission and to make this a little easier, I'm going to read the duties and powers of
the Chairperson and the Vice Chairperson so if you are interested, you'll know what
K
you'd be getting into. The Chairperson maintains order and decorum and reasonably
administers the receipt of oral and written testimony in accordance with the rules, sets the
meeting agenda, announces the business before the Commission in the order prescribed
and the results of any Commission vote and when necessary, or required, signs and
certifies all official acts of the Commission and all vouchers, purchase orders, etcetera for
payment of expenditures of the Commission, appoints committees and consultants when
authorized by the Commission, serves as the chief spokesperson and representative for
the Commission before the public and County government, and all official information is
released through the Chairperson. So, it's a fairly important, salient position to hold.
The Vice Chairperson exercises all duties and powers of the Chairperson in the
Chairperson's absence, assists the Chairperson as needed, and performs other such duties
as prescribed by law or signed by the Commission. So, that is in the present rules that we
have. Those are the descriptions of the positions. So, Meizhu would you like to start?
LUL Sure, ok great, yeah, really great to be here, I'm very happy to be serving on this
Commission and I think it is an important duty. I was formerly on the advisory
committee to the Office of Aging for more than 5 years and was the Chair of that so I
have to say right off, I don't think I want to be Chair of one again. Just in terms of the
community, I was on the board of the Hamakua Health Center for a number of years and
was one of the co -coordinators of a group called Hamakua Resistance that formed after
Donald Trump was elected. So yeah, that's a bit of my background and have been
involved in elections and stuff for quite a while. Thanks.
YOSHINA: Well, I am a retired State employee. I have an interest in elections. I have
no interest in serving as Chair or Co -Chair. I'm here for my intellectual curiosity and I
think I have some background in elections. I have recently served on the Hawaii County
Game Management Advisory Commission. So, that's about it. Thank you.
YADAO: Hi, I'm Jennifer Yadao, ILWU Business Agent and I decline the position of
Chair or Vice Chair.
MELLON-LACEY: Say a little bit about your interest in serving on this Commission.
YADAO: This is the first time I'm sitting on a board so I'm thankful for the opportunity.
BATH: Hi, I'm Stephanie Bath. I have been a resident of Puna for over 40 years. I
served on the Puna Community Development Plans Steering Committee and also on the
ad hoc committees for Mass Transit, Health and Safety, specifically connectivity and I
was lead over the transportation so I know the maps pretty well. I also serve on the State
Board of Massage Therapy currently and I'm a new Grandma for the first time. I decline
any position of Chair or Vice Chair at this time.
MELLON-LACEY: Sounds like you have a lot going on, Stephanie.
BATH: That's the reason!
K
MELLON-LACEY: And Stephanie, were you able to be sworn in?
BATH: We decided that just because it would be easier, I'm quarantining, I just got back
so what I'm going to do is probably Friday or Monday I'll get sworn in so I'm just an
observer today.
AKAMU: Aloha, nice to meet you all. My name is `Aina. I currently live in Na`alehu.
I'm born and raised there in Ka`u. I'm a high school teacher at Ka`u High School. I'm
also an instructor in Hawaiian Studies at Hawaii Community College. I'm also the
Secretary for our Hawaiian Civic Club of Ka`u. I steward the Ka`u makahiki grounds
which is one of the PONC properties located in Ka`u. I do a lot of community volunteer
work in working with our food hubs, currently in Ka`u, and Pahala, and in Na`alehu. I do
the Young Voter Registration Program for Ka`u High School to get the students
registered to vote. I'm happy to serve and represent Ka`u. Like the others, I'm really
busy with a lot of things so I respectfully decline to serve as Chair or Vice Chair. Mahalo
nui loa. Aloha.
KOSSOW: Aloha everybody, if you can go "Bronsten" for short. Thank you so much
for allowing us to be here today and get to discuss some good things for our community.
Currently, I'm the Operations Vice President for Paradise Helicopters. I'm also the
Business Development Manager for (indiscernible). My past Commission that I was a
part of was actually serving with Mr. Yoshina on the Game Management Advisory
Commission. I also served as Chair for a year. Other than that, I'm very fascinated about
the electoral process and very fascinated about the redistricting as well so much aloha to
all of you.
LOPEZ: Good morning, this is Steve here and I'm officially known in the County
through my Hawaiian given name, Kawena, so personally if we can, I'd prefer to use
that. I have been 25 years in Hawaii as a transplant from Bay Area California where I
retired from Hewlett Packard Company. I have been on the local board of the West
Hawaii Medical Center and CEO of Hawaii Knights of Columbus. I retired from HP as
I said. I have also retired from County, all on the Legislative side as a Council Aide,
Legislative Assistant, Legislative Specialist, and Deputy County Clerk. Most recently,
about a year ago, I think it was, maybe it was 2 years now, on the Liquor Commission
and I enjoy being a part of community service and what I have learned in the County and
through the County in contributing to our citizenry, the Redistricting Committee or
Commission, to me, was one that drew me particularly in light of the last 2 years if you
will or more, of how elections have been a problem, if you will, the things that are said,
the things that are done, gerrymandering and so on, so forth, all the issues that go into
what may contribute to a lopsided voting situation so I'd like to do my part here in
Hawaii to contribute to fair and equal elections. I think redistricting is one way to do
that. Thank you.
HUSTACE: Aloha kakou. My name is James Hustace. I was born on Oahu but grew
up in Waimea and so I've called Waimea my home for many years. I'm currently a
C!
teacher in Waimea but I also serve as the President of the Waimea Community
Association, and sit as the Chair of the South Kohala Traffic Safety Committee. I am
honored to be here and serve (Note: At this time, Pomaika `i Bartolome enters via video
conference) with the Commissioners and happy to be here and go through this process
with all of you and learn and support our communities across the Island and the County
and I'd be happy to serve as the leader role for this Commission. Thank you.
MELLON-LACEY: I believe that P6maika`i Bartolome has joined us. Is that correct?
Did you want to say a few words?
BARTOLOME: Hi, aloha, kala mai. Yes, I just wanted to introduce myself, my name is
P6maika`i Bartolome. I am the Executive Assistant to the Mayor and also lead with
Boards and Commissions. So, I heard you talking about Breeani a little bit earlier for
District 3. She will be going up for Committee review on the 16th and we are super
excited to be filling our Redistricting Commission so, mahalo, aloha to every single one
of you. Thank you so much, so very much, for your time, and your knowledge, and all
that you will be contributing to our Redistricting Commission. Aloha.
Election of Chairperson
MELLON-LACEY: Thank you. Thank you very much. Thank you all for introducing
yourselves and at this time, I`d like to open the floor to nomination and election of
officers. I believe that, if I didn't mishear, that Mr. Hustace has indicated interest in the
Chair position. Is that correct?
HUSTACE: Yes, just for clarification, last name is Hustace.
MELLON-LACEY: Hustace.
HUSTACE: Correct, yes, thank you, and yes, I'd be happy to serve in either of the seats.
I welcome competition of course.
MELLON-LACEY: Okay, well the floor is open for nominations.
LOPEZ: This is Steve Lopez here. I'd like to nominate Bronsten Kossow for Chair, and
James Hustace for Co -Chair.
MELLON-LACEY: Is there a second?
AKAMU: Aloha, this is `Aina. I second.
MELLON-LACEY: Any discussion?
LUL Are we still taking nominations?
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MELLON-LACEY: Yes, we can take more nominations. Are there other nominations
on the floor?
LUL Oh, I just wasn't sure, Stephen, whether you were willing to serve in one of those
positions. Just a clarification please?
LOPEZ: I'd rather leave it to the younger staff here. They have more energy. Thank
you.
MELLON-LACEY: Are there any other nominations?
YOSHINA: I'd like to nominate Mr. Hustace for Chair and I know he refused but, `Aina
Akamu for Co -Chair.
MELLON-LACEY: And `Aina as Co -Chair?
YOSHINA: Yes.
MELLON-LACEY: Are there any other nominations at this time?
LUL Will we elect them separately?
MELLON-LACEY: Yes, I think since we have 2 in each category, that we would do
that. Are there any further nominations?
LOPEZ: Did we do second as we did in the first nomination?
MELLON-LACEY: Oh, I'm sorry. If I didn't get a second, I'm sorry. Is there a second
to the nomination of Mr. Hustace and Mr. Akamu?
LUL I'll second.
MELLON-LACEY: Thank you. Any other nominations at this time? (No response.)
Okay, then can I have a motion to close the nominations?
(Note: At this time, Commissioners were all in favor to close nominations).
MELLON-LACEY: Okay, the nominations are now closed. So, we have the nomination
of Mr. Kossow for Chair. All those in favor of Mr. Kossow as Chair? Let's see, I think
we should do a roll call vote on this.
Mr. Kossow as Chair carried the following vote:
Ayes: Commissioners Akamu, Hustace, Kossow,
and Lopez.
Noes: Commissioners Lui, Yadao, and Yoshina.
1.1
MELLON-LACEY: So that's 4 ayes and 3 noes. And, we have 2 non -voters, so by my
determination, Mr. Kossow is Chair. Okay.
YOSHINA: Diana, who are the non -voters?
MELLON-LACEY: The non -voters are, Ms. Bath has not taken her oath so she's just
participating as an observer today, and we have the newly appointed, I'm so bad with
names, I'm so sorry.
LUL Breeani?
MELLON-LACEY: Yes. Breeani Sumera-Lee, but she has not been confirmed.
YOSHINA: Just a point of clarification.
MELLON-LACEY: I'm sorry?
YOSHINA: Point of clarification.
MELLON-LACEY: Yes, sir.
YOSHINA: Shouldn't we wait for those 2 other people to be on before we took a vote?
You have to constitute the entire Commission, right?
MELLON-LACEY: Yes. Well, you know, I guess if that's the Commission's position,
we could do that, but then we can't really —we can only do then, training because we
can't really —we don't really have awe don't have a leadership or the ability to adopt
the rules and all these things. So, it's...
YOSHINA: Well, I, you know, I think that for me, I would be more comfortable to wait
for the 2 additional people so that we have a fully constituted Commission.
LOPEZ: Steve, here.
MELLON-LACEY: Yes.
LOPEZ: Sending opinion. We're here. The agenda is set. We have business to conduct,
and as you so aptly said, we need to move on. We do have a quorum. So, the facts are
that. We have 2 that either notable to attend or cannot vote or whatever. Certainly, we'll
welcome them with open arms but we cannot hold up the progress of the Commission
Board. We're going to be under a strict timeline anyway, to proceed so I figure I would
just send an opinion.
MELLON-LACEY: Okay, Mr. Yoshina, are you making a motion to delay the voting?
N
YOSHINA: No, I'm just asking for clarification.
MELLON-LACEY: Okay, now I mean we have quorum so this group can conduct
Business and
YOSHINA: My point is that I think we should have the full Commission voting on this.
Now if, you know, if the majority says no, then I'll go along with that, but I think there
should be the full Commission voting on its Chair and Co -Chair.
MELLON-LACEY: Well, I can only defer to the Commission as far as that. We have a
quorum so from that standpoint, we can conduct business. So, if you wish to make that
as a motion then—
YOSHINA: Okay, point taken.
MELLON-LACEY: So, do you not wish to make the motion?
YOSHINA: Yes.
Election of Vice Chair
MELLON-LACEY: Okay, so then we would move on to vote for —we have 2
running for vice chair —or 2 nominated, Mr. Hustace and Mr. Akamu. So, with
respect to Mr. Hustace...
Mr. Hustace as Vice Chair carried the following
vote:
Ayes: Commissioners Akamu, Kossow, Lopez,
Lui, Yadao, and Yoshina.
Noes: None.
Abstain: Commissioner Hustace.
MELLON-LACEY: So, we have 6 ayes, 1 abstaining. So, we have Mr. Kossow is our
Chair, and Mr. Hustace, our Vice Chair. Thank you very much and Mr. Kossow, I'll turn
the meeting over to you.
LUL Can I just ask one question of you, Diana?
MELLON-LACEY: Sure.
LUL I thought according to the rules that abstaining was considered a "yes"?
MELLON-LACEY: I have to —well you know we haven't adopted these rules.
LUL Okay.
E:3
MELLON-LACEY: But, sorry, and where did you read? Oh, here we go. No member
shall refrain from voting unless excused by the Chairperson —we didn't have one who
could excuse you —unless a member is excused from voting, silence shall be recorded as
an affirmative. Okay, then Mr. Hustace you have to vote for yourself, you're an aye. It's
unanimous.
LUL That's nice.
HUSTACE: Very well, I just, you know, according to Robert's Rules, abstention doesn't
really mean an affirmative, it just doesn't mean a no either, it just doesn't count as a yes
vote.
MELLON-LACEY: I understand and that's the way these current rules of procedure
read so
HUSTACE: Very well. I'll vote on the affirmative if that's clear.
MELLON-LACEY: But it wouldn't change the outcome.
HUSTACE: Understood.
Mr. Hustace as Vice Chair carried the following
amended vote:
Ayes: Commissioners Akamu, Hustace, Kossow,
Lopez, Lui, Yadao, and Yoshina.
Noes: None.
Abstain: None.
STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS
MELLON-LACEY: So, Mr. Kossow are you prepared to take over?
KOSSOW: Yes.
MELLON-LACEY: I think we're on Statements from the Public at this point.
KOSSOW: Alright. Are there any statements from the public? Each person has about 3
minutes per item on the agenda.
MELLON-LACEY: Okay, I'm told there are no statements from the public at this time.
APPROVAL OF MINUTES
01
KOSSOW: Okay, without seeing any members of the public, we will move over to
approval of the minutes and we didn't have this is our very first meeting so I think we
can —it's safe to pass through that. Any communications?
COMMUNICATIONS
MELLON-LACEY: Are there any communications? Mr. Kauka?
KAUKA: No, Mr. Chair.
UNFINISHED BUSINESS
KOSSOW: No communications. And unfinished business —moving over to unfinished
business. We don't have any unfinished business because this is our first meeting.
Moving over to new business.
NEW BUSINESS
1. Adoption of the Rules of Procedure
KOSSOW: First item that we have is the adoption of the Rules of the Procedure —of
Procedure, and
MELLON-LACEY: So ... oh, sorry.
KOSSOW: Go ahead.
MELLON-LACEY: I just wanted to ask if everybody had received a copy of the Rules
of Procedure from 2011.
LUL Yes.
AKAMU: Yes, I received them.
LOPEZ: Kawena received them, yes.
MELLON-LACEY: Because that kind of, can work as our starting point and I'll hand it
back to you Mr. Chair.
KOSSOW: The only question I have with the Rules and Procedure is whether or not we
wanted to include Zoom conferencing on this Procedure since we have the whole
COVID-19 rules in place.
IK
MELLON-LACEY: And you know, the thing with that is that, our current ability to use
the Zoom and other Webex, other programs that we're using, and having the hearings in
this way, is really subject to the proclamation that the Governor has issued because
normally this wouldn't be permitted in quite the way that it is being permitted. So, I
don't know if we can really add it to our Procedure per say because I think it's going to
change, and I don't know how it will change. But as long as it's adopted by executive
order of the Governor, we would always be able to do that. Does that address your issue
Mr. Chair?
KOSSOW: Yeah, that address my issue. I was just concerned. I know that it is an
emergency proclamation and I don't know if we ourselves need to adopt the rules apart of
the 2011 Redistricting Commission, but since it's an emergency proc, we can just move
forward.
LUL A comment, which is in 1.B., it does say videoconferencing may be utilized.
LOPEZ: This is Kawena. I have a question please, guess I pose that to the Chair.
KOSSOW: Mr. Lopez is recognized.
LOPEZ: Under section Voting, number 6.C., Abstentions, we just went through that, but
there is a method we use in Hawaii, it's called kanalua, and I'm asking if we can
exercise kanalua during the voting process. May I explain? Do I need to explain? (No
response.) When a vote comes up and a voter states kanalua, what they're really saying
is please pass by me. At the end of the voting, that person is asked again to vote, aye or
nay, and if they say kanalua a second time, it's taken as a yes with reservation. That's the
way our County Council operates so, asking if that's what we can use in this
Commission. Chair?
KOSSOW: Is that a motion?
LOPEZ: Well I'm askingactually, I'm asking if that fits into this item at the
(indiscernible) and if you say no, then I would make it a motion.
KOSSOW: Does not um —oh are we allowed to have that within our Rules of the
Procedure? If that would be the overall question. I'm sure we can add it on to the 2020-
2021 Redistricting Commission as long as we ensure that we have a motion on the floor
and then a vote unless the attorney sees otherwise.
MELLON-LACEY: So, this is the these are the existing rules, and they were given to
you, you know, as a guide, and you can make whatever changes that you would like to, to
the rules, as long as they are, you know, reasonable. And, then if we're changing the
rules from the existing rules, we would have to follow the statutory process in Chapter 91
and we would have to have a public hearing, which we could do before the next meeting,
on those rules and fill out a public input and then we would be able to adopt those rules
with any changes.
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KOSSOW: So these rules would be
YOSHINA: And that's what this is doing. I would move that we accept that into our
rules. We make the change to the rules. That's what—
KOSSOW: Motion by Mr. Yoshina to add in the kanalua vote onto the rules. Is there a
second?
LOPEZ: Second.
LUL Can I make an amendment to that? That it replace the C.—Abstentions.
KOSSOW: Can you repeat that again?
LUL Um, that it not be added but that it replace the current C.—Abstentions.
YOSHINA: So, as a maker of the motion, I agree with that.
MELLON-LACEY: You're amending your motion?
YOSHINA: I'm agreeing with that.
KOSSOW: Is there a second to that?
LOPEZ: I'm lost. I'm sorry. Following Robert's Rules of Orders, the first and second
on the floor has to be ratified before you can amend it. So, I'm not sure where we are.
HUSTACE: A point of order. In terms of adapting the rules and procedures, we first
need to make a motion for the Rules of Procedure document itself before we offer any
amendments to the document.
KOSSOW: Right. So, the procedure is currently on the floor right now. And then right
now, we are making amendments to it. So, Mr. Lopez, your amendment is on the floor
currently to change C. It was a motion by Mr. Yoshina, seconded by you, and then now
there is a 2nd amendment that's on the floor but we still need to finish the amendment that
is already on the table. Is there any other discussion that needs to be made for the 1st
amendment on proposed to —by Mr. Lopez?
AKAMU: I have a question. This is `Aina Akamu. In the Rules of Procedure, under
Amendments, A., it does stipulate that amendments need to be provided in advance and
then they can be voted on. So, I'm not sure if we need to accept the rules as they are and
then suggest amendments? Provide that 6 day notice and then vote upon them in order to
follow the Rules of Procedure. So, I just had a question about that.
Ida
MELLON-LACEY: Yes, this is Diana. I think it's a little bit of a conundrum because
you haven't adopted these rules, and so, you could do that. But, I don't think at this point
you're strictly bound by them because we haven't adopted them. You could do that, you
could adopt them as they are, and then move to make changes to them.
AKAMU: Yeah, I was just making sure that we don't do something that later we have to
undo. Thank you.
MELLON-LACEY: I understand.
KOSSOW: Diana, are you saying this is Bronson. Are you saying that the
amendments, if this works via —we can adopt whatever changes we want to. We don't
have to go through another session where we have to approve the rules and regs, right?
MELLON-LACEY: Um, no, Iif, according to the Hawaii Revised Statues in Chapter
91, then we would these rules exist right now. So, if this group is going change the
rules or make completely different rules, we would still have to have a public hearing and
allow for public comment on the rules before they could be formally adopted.
KOSSOW: So, no matter what, we still have to adopt these rules and then from there we
can take amendments for the next meeting.
YOSHINA: So, Bronsten, I'll just withdraw my motion.
KOSSOW: Mr. Yoshina withdraws his motion.
MELLON-LACEY: Okay, this is a starting point, I guess I would say, so that would
probably be the most expeditious way of doing it. Because then you would have
something to work from, but it doesn't have to done that way if someone wanted to just
start all over again with these rules from the ground zero, you could do that.
YOSHINA: I think traditionally and historically, kanalua is part of the way we do
business in Hawaii so, you know, this, the discussion might be pointless. I'm not sure of
that. You're the attorney, so.
LUL Bronsten, would it help if I made a motion to accept the 2011 Rules of Procedure
and then we could amend from there? If so, I make that motion.
KOSSOW: I think that would be the easiest, yes. That would definitely be the easiest if
we just pass this
YOSHINA: Okay, second the motion.
KOSSOW: Okay, motion was made by Ms. Lui, and seconded by Mr. Yoshina. Is there
any discussion? (No response.) Without hearing, without seeing anybody, do I have any
no votes for the passing of —the adoption of the Rules of Procedures?
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LOPEZ: Yes. You asked for a no vote?
KOSSOW: No.
LOPEZ: No.
KOSSOW: Mr. Lopez votes no. And with that, that's 6 ayes and 1 no. Procedures are
adopted.
Ms. Lui moved to adopt the Rules of Procedure.
Seconded by Mr. Yoshina and carried by the
following vote:
Ayes: Commissioners Akamu, Hustace, Lui,
Yadao, Yoshina, and Chair Kossow.
Noes: Commissioner Lopez.
Abstain: None.
YOSHINA: So, I have a question.
KOSSOW: Mr. Yoshina.
YOSHINA: So, do we have to now add the thing about kanalua in there?
KOSSOW: Yes, so now the motion has been pushed forward. So, now we can put in an
amendment and then that amendment, a couple days, or by the time of the next meeting,
will need to go through the public statements.
YOSHINA: Okay, so I move that we include that provision in our rules. The provision,
the inclusion of the —the idea, the concept, of kanalua.
KOSSOW: Mr. Yoshina motions to add on kanalua into the voting and Procedures. Is
there a second?
LOPEZ: Second.
KOSSOW: Seconded by Mr. Lopez. Is there any discussion? (No response.) Without
hearing or seeing any, is there any objections? (No response.) Amendment passes with
no objections.
Mr. Yoshina moved add on kanalua into the voting
and procedures. Seconded by Mr. Lopez and
carried by the following vote:
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Ayes: Commissioners Akamu, Hustace, Lopez,
Lui, Yadao, Yoshina, and Chair Kossow.
Noes: None.
Abstain: None.
KOSSOW: Is there any further amendments that need to be made, that anybody sees fit
in the Commission?
LUL Yes, I move that we remove then the Abstentions clause from the voting procedure
section of the rules because kanalua supersedes it.
KOSSOW: Motion is on the table to remove Abstentions from, what is this, 6.C.?
LUL It's 6.13. Oh, yeah, it's 6.C. Yeah.
KOSSOW: Of removing 6.C. from the rules that was recently adopted under
Abstentions. Is there a second?
LOPEZ: I have to second just to get into discussion, please. It's Kawena.
KOSSOW: Mr. Lopez seconds. Any discussion?
LOPEZ: Yes. I like the idea, but I'm not sure if this is —how this gets affected. Do we
need to go through the amendment process? In public hearing, such? Or are we adopting
rules to replace Abstentions with the kanalua concept? Can you clarify that please?
MELLON-LACEY: This is Diana. I'm sorry, I'm not sure I'm understanding your
question. I mean, all changes to the rules would be presentedI mean we would present
these rules and then the public would have the opportunity to comment on them, but that
would be true of any changes that we make.
LOPEZ: Alright. So, then we have adopted these rules.
MELLON-LACEY: Yes. We took a vote.
LOPEZ: We've already changed, from this moment forward, requires the amendment
process to kick in. One of which is, introduce brining in the kanalua concept and the
other is striking the Abstentions because of the kanalua concept. That's the way I'm
understanding where we are now. (Pause.) So, both of those motions would go into an
amendment process. Is that where we are?
MELLON-LACEY: Yes.
KOSSOW: From my understanding, it was going be to the next meeting
IR
MELLON-LACEY: Yes.
KOSSOW: And then we'll have a public hearing, and anybody that wanted to testify on
it, and then the next meeting, that's when the amendments would be adopted. Is that
correct?
MELLON-LACEY: Correct.
LOPEZ: Okay, thank you. That answers my question, but then begs the question, how
does this happen? Is our Secretary to do this? Do motion sponsors need to provide the
language? What's the mechanism here?
MELLON-LACEY: Okay, so the mechanism would be that the Abstention section
would be shown as lined out and then the move to include the concept of kanalua, we
would need specific language for that.
LOPEZ: Okay, where does that come from? Is this a charge of the Secretary? Do we
have a legislative support staff who does this?
MELLON-LACEY: No, this group would need to develop the language that they want it
to read like.
LUL Mr. Lopez, if you could suggest language, we could take a look at it right now.
The way you described it was fine.
LOPEZ: Okay, then I'll be —who do I submit that to?
KOSSOW: Me.
LOPEZ: The Chair. Thank you.
MELLON-LACEY: And from that, if it gets to the Secretary, then the Secretary can
make the changes and post those rules online, prior to the meeting.
KOSSOW: Okay, so now we wanted to remove —there's a motion on the table that's
current to remove 5.C.6.C., excuse me. Any further discussion? (No response.) Are
there any objections?
HUSTACE: Yes.
KOSSOW: One objection, and so it's 6 ayes, 1 no. Motion passes. Is there any other
amendments that we wish to push forward into the Rules? (No response.) Alright, we
will move forward to the Overview of redistricting program and timeline for receiving
data from the Census Bureau, and there's a presentation for that.
1[1
Ms. Lui moved to remove 6.C.Abstentions from
the Rules of Procedure. Seconded by Mr. Lopez
and carried by the following vote:
Ayes: Commissioners Akamu, Lopez, Lui,
Yadao, Yoshina, and Chair Kossow.
Noes: Commissioner Hustace.
Abstain: None.
2. Overview of redistricting program and timeline for receiving data from Census Bureau
Presentation by David Rosenbrock
ROSENBROCK: Hi, I'm David Rosenbrock I'm retired from the Office of Elections
after 25 years. I was a Project Manager on the State's 2001 and 2011 Reapportionment
Projects. I have also assisted the County of Hawaii in their preliminary sets ups for
those two reapportionments. And, I have a slide presentation.
(Reference: Comm. I - 2021-03-01 David J Rosenbrock: redistricting process
presentation)
Questions and Answers during Mr. Rosenbrock's presentation:
After viewing slide no. 6:
LOPEZ: So, I'm inferring then, that the other 8 districts are all at par, in this example?
ROSENBROCK: Well, they can all fluctuate between these 2 numbers. This number
could be here, or you know what I'm saying? It's either a plus side and a minus side,
basically.
LOPEZ: Where I'm getting lost is, 10 percent deviation of the target population. So, is
that island wide? Or district by district?
ROSENBROCK: It's district by district throughout the basic island unit. So, every one
of your districts will have to fall in this 10 percent range, whether it be plus or minus.
LOPEZ: Oh, ok, that clarified it. That statement. Thank you.
At the end of Mr. Rosenbrock's presentation:
LUL I have one question, which is, is there a number that would trigger the creation of a
new district?
ROSENBROCK: Well, that's, basically you have your number of districts already
established, right?
IVA
LUL Right.
ROSENBROCK: So, basically all you need to do is, once you get the data, right? Make
the extraction, and then just divide by 9. That sets your target for each district.
LUL As the population increases it doesn't necessarily mean that there would be any
new districts so 9 is set in stone?
ROSENBROCK: Yeah, but that's by your Charter.
LUL Ah.
ROSENBROCK: Now, for the States, your apportionment does make a difference
because it actually, I think, there's 6 or 7 States that are losing Representatives, and then
an equal number of States getting new members, right?
LUL Right.
ROSENBROCK: But, for you folks, you've already got 9 established in the Charter, and
so 9 it is.
HUSTACE: Mr. Rosenbrock, one question for you. If you could restate the targeted
timeline from the Federal government when they would deliver the data.
ROSENBROCK: Well, they haven't given it.
HUSTACE: Right, but you predicted a date in the 4' quarter. Is that correct?
ROSENBROCK: Yeah. Right now, they were supposed to give it to us at the end of
July. But they have since changed that to TBD, and the conversations I've heard is, it
could be the I" of September or the 30'h of September.
HUSTACE: And so, Chair, that does put us in a time crunch, because our plan, our final
plan documentation is due before the new year.
KOSSOW: Right, that's correct.
HUSTACE: Thank you.
YOSHINA: So, you mentioned non-resident military, and non-resident students. (Yes)
If I recollect correctly, the County ordinance also describes a couple of other cohorts in
there, that should not be counted. So, if we wanted those added in, would you be able to
do that?
IE:3
ROSENBROCK: I think yeah, we've also supported the County, so there's no reason
why we wouldn't support it this time.
YOSHINA: Okay, second question. A kind of description kind of thing. The layers that
you showed us, one layer was an actual photo, on which you superimposed the district
lines.
ROSENBROCK: That's correct.
YOSHINA: So, that's going to be available for us to see also?
ROSENBROCK: Absolutely. I'll just go through this right now so you can understand.
YOSHINA: Okay.
ROSENBROCK: This was part two, but we can go ahead a take a look.
YOSHINA: So, we have an option of either seeing an actual picture or a schematic.
ROSENBROCK: Actually, you have your choice of about seven.
YOSHINA: Okay, thank you.
ROSENBROCK: Right here. (Indiscernible). This is how you sign in and then you
have the Bing Maps, the Bing Hybrid, Terrain View, USA Topo Maps, Bing Maps Road,
the Imagery, and then Streets. So, all of these base maps lay underneath the census
blocks. Because, some places where you folks are, you know up in the up in the parks
and stuff, you need to take a look at it. And, the best way to look at it is, using one of
these vehicles. Sometimes, the Topo Map is good, sometimes the Streets are good, and
always the Imagery, to make sure you're not cutting up —cutting somebody in half.
YOSHINA: Okay, thank you.
ROSENBROCK: Uh huh.
LOPEZ: This is Kawena. I have a question. Given the delay in receiving the Census
data, apart from training, what kind of meaningful work can we accomplish in advance of
receiving the Census data? (No response.) David, did you hear me?
ROSENBROCK: Oh, I would suspect, not any. (Laughter.)
LOPEZ: I was afraid you'd say that.
ROSENBROCK: We had the same problem with the State.
LOPEZ: True.
IL01
ROSENBROCK: There's nothing to do. We're ready right now. If they dropped the
data today, we would be, within a week, ten days, have everybody extracted and the
software and everything set up for you folks and that's to go.
LOPEZ: Okay, well
ROSENBROCK: We do need some time to do the extraction.
LOPEZ: Thank you.
ROSENBROCK: Yeah. We'll do integrity checks to see if we got somebody duly
assigned, population summary, district broad count, maximum deviation check, null
assignment check and connectivity check. Right? So, as you're going through the
district creating, you can stop at any time, run these checks to make that everything is
working the way you suspect it.
LUL In the meantime, can we access somehow the existing maps of the different variety
that you said, so that we can really check out the existing lines?
ROSENBROCK: Yes.
LUL Great.
ROSENBROCK: You have these here, right? You have aerial maps, you have the Bing
Maps Hybrid, you have terrain maps, you have imagery, you have the Bing Maps for the
road, USA Topographical Maps, and then Streets. Just the Streets.
LUL Could I request that the Secretary send us the links or something so that we can do
it easily?
ROSENBROCK: It's inside the software.
LUL Oh, it's inside the software. So
ROSENBROCK: Yeah. As you're doing your creation, you'll overlay the Census
blocks on top of whichever of these maps that you choose. Alright?
LUL No, I was just asking whether we could look at existing ones from the last —what
exists now.
ROSENBROCK: Oh, um
MELLON-LACEY: I think Pat can address that.
LUL Oh, thank you. Pat's coming.
411
KOSSOW: Ms. Lui, we'll work with Elections to get that for you.
LUL Okay.
NAKAMOTO: Yes, we will be able to print out and send it to you or provide you a link
where you can go in and look at the maps.
LUL Beautiful. Thank you.
YOSHINA: David, this is Dwayne again. What data sets do you have in the system right
now? Do you have like 2011?
ROSENBROCK: Yeah, but I don't think we have the software for 2011. I know we
have the data, but the software is kind of expensive so as soon as we're done, I think
we've kept it up for 6 months, and then we let it go. It's very expensive.
YOSHINA: Okay, so there is no way for us to toy with the system right now with
additional, or newer data. It may not be up to date but, like for example, do you have the
interim data for —between 2011 and 2020?
ROSENBROCK: Well, we looked at trying to use the Community Survey data because
we don't have the block data, but so much of that is based on folks returning the
information to the Census. So, each one of those long forms that's got everything about
how much money you make, to you know —so a lot of people don't do it. They just don't
do it and then it really makes the data not compatible for doing reapportionment.
YOSHINA: Okay, so short answer is the data is kind of dated.
ROSENBROCK: Well, it's dated and it's incomplete.
YOSHINA: Okay.
ROSENBROCK: Now I think we do have the data from 2011. So, if you wanted to get
the software, you could start looking at it from that point of view. I think you'll want to
do that anyway when you create your plan. You'll want to bring up that 2011 data and
then look where you, you know, can make adjustments to the existing districts. You
know, based on the new populations.
YOSHINA: Okay. Excuse me, but do you have newer, more current data than 2011
or...? Because they have updates, right?
ROSENBROCK: Yeah, but the updates are basically updates to the metadata, not the,
necessarily the population count.
YOSHINA: Okay. Thank you.
21
ROSENBROCK: Anybody else?
LUL Yeah, I'm just curious, is the population count broken out by age at all?
ROSENBROCK: The block population base has got general data attached to it. That
would be race, I believe age, within ranges, right? So, 18 and below, and 25 to 18. It's
very general with the demographic information. Cause it's basically only to be used for
redistricting and based on the confidentiality of the people who have submitted the data,
we don't include that in the database, in the population database. It's just basic, raw
numbers.
LUL No, I understand. Just because we have in this island so many retirees and so on,
but concentrated in different places, the voting population, as opposed to the total
population, could be varied district by district.
ROSENBROCK: Oh, yes. Yes. We might get sent that data —it's in there. It just it's
in ranges. See, you don't want to be able to identify any minority group, or target group,
with the redistricting data. All you want to do with the redistricting data is redistrict.
And, if you have block counts and you have one Chinese person in the block, then that
pretty much identifies that person's information. So, we don't attach anything more than
the count and I think there's a general reference, and I think maybe by Census tract of the
ages.
HUSTACE: Mr. Chair if I may?
KOSSOW: Go ahead.
HUSTACE: Mr. Rosenbrock, could you speak at all to the —any concerns of the data
that you might have? The integrity of the data, as we've all witnessed over the last year
in concerns with the Census being collected and if there's any sort of expeditious delivery
of the data if there are concerns about that too. You alluded to a particular State suing the
Federal government (Yes.) for delivery of that data. Could you speak to just the overall
integrity of the data that you believe to be there?
ROSENBROCK: Well, I think the problem existed when the former administration
wanted to determine if they could remove non -citizens from the data. And, I think maybe
the Census Bureau, because the guy who runs it is appointed, pushed it on down the line
but that was going to be the way they went and then the Supreme Court told them, you
can't take those folks out. And, so now they're rushing to put those folks back in, and
make sure the data is more representative of what the former administration was wanting.
Now, Dwayne and I had this problem back in 2001. There were several folks who
wanted to have non-resident aliens removed from the data. And, uh, we went down to
at that time it was IMS—and we asked the guy, how do we locate these people. And, he
said, I don't know. You know, they're not —first of all, if they are undocumented,
they're undocumented. And, second of all, if they have a green card, they can go
Pia
anywhere they want. So, it makes it pretty impossible to accurately remove populations
based on somebody saying, oh those folks over there, over in that neighborhood, all of
them are over there. So, that's where this problem has arisen from. It's uhwe wanted
to take non -citizens out, which is not what the Census is about. It's a count of persons.
Not voters, not citizens, persons. Because every person needs to be represented. Unless
you're represented somewhere else, and that's the feeling of —if you're in Hawaii, it's if
you're represented somewhere else, you should be counted there and if you're not
counted there, that's your problem. We're only counting people who are here.
HUSTACE: Thank you for your explanation. And, could you touch on, if you have this
knowledge, what is the percentage that was that captured for Hawaii County? Has that
been shared?
ROSENBROCK: It's uhI think at the time there might have been less than 800.
HUSTACE: I'm sorry. For clarification, the total percentage of citizens that were
captured here on Hawaii County. What was that percentage out of a 100? What was the
total count? Percentage wise?
ROSENBROCK: You mean persons?
HUSTACE: Yes.
ROSENBROCK: Yeah. Um, I think it was roughly 110,000. I believe. I mean it's been
a long time.
HUSTACE: And, so I guess I'm just asking what percentage was the Census able to
capture of Hawai `i County? Did it hit a 90 percent threshold of capturing?
ROSENBROCK: Oh, I have no idea.
HUSTACE: Okay.
ROSENBROCK: Yeah, that'sI don't I
HUSTACE: Thank you.
ROSENBROCK: Whatever those guys do, it'sI would imagine it's pretty high.
Anything else? (No response.)
KOSSOW: Thank you, Mr. Rosenbrock. Is there any other questions from the
Commissioners? (No response.) Alright, thank you very much.
ROSENBROCK: Okay, just so you know, if anything happens, we'll let Pat know, and
she'll let you know, and we'll get to work.
091
KOSSOW: Thank you.
ROSENBROCK: Thank you.
KOSSOW: Is Corporation Counsel still there?
MELLON-LACEY: Yes.
KOSSOW: I have just a question about the timeframe that we have now. It's shortened.
So, what happens if we don't finish by December 31 "? And, I noticed that we also have
to comply with the County Charter when it comes to alternate and final plans for public
hearing.
MELLON-LACEY: Right. I do not have an answer to your question today because you
know, we don't know when we're actually going to get the data and I am discussing that
with the Corporation Counsel and will be discussing that with the State as well. So, at
this time, we're you know, we're just trying to do the best we can with the information
that we do have.
KOSSOW: Thank you. I appreciate that.
MELLON-LACEY: Sorry, I can't give you a clearer answer right now. I recently found
out, you know, we were working around the idea that we thought we would have the data
much earlier.
KOSSOW: Yeah. It just shortens it up for us in trying to make sure that we comply with
the County Charter with all these uh—with the public forums. I just want to make sure
that we are doing right by the law.
MELLON-LACEY: Right, and we will today delve into the timeline and challenges a
little bit but, this is kind of news for all of us, disappointing news. In fact, we even talked
about should we go ahead and have the meeting, but we thought we should because you
know, you're on this Commission and you need to get started regardless of what it's
actually going to mean and be aware of what's —what's going on.
KOSSOW: I'm sure you're going to be talking about this very soon but I was curious if
there was a way for us to get training before the Census comes out, with the population
and numbers for each district. And, I was curious if we could get training from now
before then. That way we don't drag out anything and I think Mr. Yoshina talked a little
bit about that in his question.
MELLON-LACEY: Yes and we will explore that a little bit today. I'm wondering,
cause the next thing we have is an ethics presentation, because we are also charged with
having to make sure the board gets the training on the ethics and Sunshine Law, as well
as the redistricting, but I don't know if people would like a break before we go to the next
thing.
KOSSOW: Let's recess for 5 minutes.
(5 minute recess.)
3. County of Hawaii — Office of the Corporation Counsel
Presentation by Deputy Corporation Counsel
KOSSOW: Calling the Redistricting Commission back to order. Our next line on the
agenda as soon as —we have the Corporation Counsel?
YOSHIMOTO: Hi, good morning everyone! This is J Yoshimoto. Can you guys hear
me okay?
KOSSOW: Yes.
YOSHIMOTO: Okay, good, good. Okay, ready to proceed? (Pause.) Okay, hold on
one second. Let me start the screen share.
(Please note that during this time, Mr. Yoshimoto experienced technical difficulties.
Commissioner Kossow confirmed that the attendees could view Mr. Yoshimoto's
PowerPoint slide via Zoom.)
YOSHIMOTO: Okay, we are ready to proceed then. Good morning everyone, again.
My name is J Yoshimoto. I'm one of the Deputy Corporation Counsel's here for the
County of Hawaii. If at any time, anyone has any questions, please let me know. We'll
be able to answer the questions as we go through the presentation.
LOPEZ: J, this is Kawena. Are you our assigned Corp Counsel or are you just
presenting, making this presentation?
YOSHIMOTO: Oh, I'm just making this presentation specifically on ethics.
LOPEZ: Okay. So, we don't have —do we have an assigned Corp Counsel?
YOSHIMOTO: That would be Ms. Mellon -Lacey.
LOPEZ: Thank you.
YOSHIMOTO: Okay, thanks.
a. Ethics Code
Presentation by J Yoshimoto, Deputy Corporation Counsel
pu
Reference: Comm. 4 - 2021-03-01 Office ofthe Corporation Counsel: ethics training
There were no questions from attendees at the end of the presentation.
b. Sunshine Law
Presentation by Diana Mellon -Lacey, Deputy Corporation Counsel
Reference: Comm. 3 - 2021-03-01 Office ofthe Corporation Counsel: Sunshine Law
presentation
There were no questions from attendees at the end of the presentation.
C. Redistricting laws
MELLON-LACEY: I'm very sensitive about time because I think that we said this
meeting would be two and a half hours. Is that correct, Mr. Kauka? Yeah, and we're
already at 12:18. And so, what I would propose to do, in the interest of time since we had
some discussion of the redistricting laws, is to table that till the next meeting and do that
presentation then and have us move to the timeline and challenges. Because I know that
Ms. Nakamoto did a timeline projection and if I can ask her to come up. Would that be
amenable to the group? To do that at the next meeting on, more on the redistricting laws,
in the interest of time?
KOSSOW: Since this is on the agenda, we would need a motion
MELLON-LACEY: Yes.
KOSSOW: And then, seconded and move forward from there. So, is there a motion to
table this as recommended?
HUSTACE: So moved.
KOSSOW: Motioned by Mr. Hustace.
LOPEZ: Second.
KOSSOW: Seconded by Mr. Lopez. And then, is there any further disactually there's
no discussion on this one. Any opposition? (No response.) Passed with 7 ayes.
Redistricting laws is moved over to the next agenda for our next meeting. Next we have
Ms. Nakamoto about timeline and challenges.
LUL May I make one request which is to get the information like how to reach you all,
the support committee people? In case we have questions afterwards.
MELLON-LACEY: Sure. I'm sure we can do that.
U1.
LUL Okay. Thank you.
d. Timeline and challenges
NAKAMOTO: Hi. Pat Nakamoto. I tried to put together a draft timeline, worst case
scenario. We heard from Mr. Rosenbrock who provided us some information on when
we were expecting the Census data. Which was in July, but that has been moved back
and I think I heard him say maybe September I" or September 30''. So, I tried to put
together a timeline, but I didn't have the information. I think what I would need is for the
Commission to decide how they want to conduct their public hearings. There's, you
know, the Commission is supposed to have a draft plan taken out to the 9 Council
districts and then they would also need to take out the final plan to the west side of the
island and the east side of the island. So, I think the Commission would need to decide,
because we're doing it virtually, whether you want to have a public hearing for each of
the 9 districts, or if you want to combine them, or if you want to have one public hearing.
So, those are things that you would need to take into consideration before I could put
down a more accurate timeline. Not having that information, I did take the liberty of just
trying to get an idea, worst case scenario. I was looking at trying to get the final plan
presented to the County Clerk at least, at the latest by December 27. I think if we get the
data on September 30'' and we have a really, really tight window that we work in, we
may be able to get it done by December 27. And, that is of course, we would need to
take also into consideration, how long the vendor would take to extract the data that Mr.
Rosenbrock talked about. The non-resident, military, and students. If the vendor takes a
week, then we could probably move the December 27 up one week. Which would be
maybe December 20'h to turn in the final plan to the County Clerk. But, then again, that's
going to be determined on how we proceed with the public hearings. Okay, any
questions?
LUL Just in terms of the timeline, is there like a sense of what kinds of trainings we need
beforehand so that we could at least get that in place? And, in terms of the public
hearings, in some ways it depends on how much time we have.
NAKAMOTO: Right, yeah.
LUL So, it's hard to decide now.
NAKAMOTO: As far as the training, the software the Commission will be using for the
2021 redistricting, will probably be identical to what was used in 2011 or very, very
similar. It's a very user friendly software. We've used it, and so has the public. You
know, in the past, in the 2011 redistricting, the public was able to submit plans and as we
went around the island, there were several individuals who did submit a plan, and they
were not trained on the software. They went in and they just used the software.
LUL I'm not sure I could do that myself. (Laughter.)
M
NAKAMOTO: But, to answer your question, we will be having a training on the
software once it becomes available. We have nothing to train the Commissioners on up
until, until that time.
LUL Okay, so that's really it on training? Okay, interesting.
NAKAMOTO: But, we do have the training in our plan. In our schedule. Internal
schedule.
MELLON-LACEY: One question I know we discussed Pat, and that's availability of
computers and what this Commission needs. So, maybe could you address that?
NAKAMOTO: Yes. We are able to get computers for the Commissioners who need a
laptop. To draw up plans, you know, to create plans. So, what we wanted to know from
each Commissioner, and you folks don't have to give us this information right now, you
know, you can email our office and let us know, if you would like for us to purchase a
laptop computer so that you can, for you to use exclusively for the Redistricting
Commission plans. You know, you can just let us know and we would be able to do that.
KOSSOW: This is Bronsten. Is there a budget for that?
NAKAMOTO: Yes. The Commission has a budget. And, I wouldn't I can ask Cori to
tell meI don't know what exactly is in the budget, how much we have right now. We
haven't spent any money yet. (Pause. Pat asked Cori for a dollar amount away from the
microphone.) Okay, we would need to get back to you on that at the next meeting.
KOSSOW: Thank you. Quick question for Ms. Nakamoto. The budget, and this is the
Chair as well, the budget that's been appropriated for this particular board and
commission, that would also go to pay for the vendor and the software that's used for the
reapportionment of the data collection?
NAKAMOTO: Yes, that's correct.
KOSSOW: And, I think Mr. Rosenbrock eluded to the fact that it is costly?
NAKAMOTO: Yes, we will be paying the vendor for the to provide us with support,
which would include the training that will be provided to the Commissioners. But, as far
as the software itself, the State will be purchasing that and the County will be using the
software that pertains to the County of Hawai `i. So, we will not be paying for that
portion of the software.
KOSSOW: Thank you. And, sorry, second question to you Ms. Nakamoto. If the
Commissioner prefers to use a personal laptop, personal computer, how does that comply
with any sort of Sunshine Law issues or use of public information on our private
computers and private technology.
N-11
NAKAMOTO: Okay, I'm very fortunate to have our Deputy Corporation Counsel next
to me who can answer that question.
MELLON-LACEY: If you have a County computer, if you do get one that the County
purchases for your use, as I understand it, you wouldn't be keeping that computer. You
would have it to utilize during the course of this task, this Commission's task. So, you
could not use that based on your ethics presentation today, to send emails to your friends,
and go on, do social media. So, if you take one there it's going to be dedicated to that
with the software on it. You know, it's a little unclear to me what the plan is here
because the license for the software, I don't have the details on how many licenses we get
and what the limitations of those licenses are. I haven't seen that information. So, you
know, it may be, personally hearing this, I think it would the safest for everybody to have
a computer that the County purchases and it's dedicated to this task and the software is
put on that, the license is on it, then it's very clear that you couldn't possibly, or you
could possibly, but I mean, it's very clear it's not going to mix with your personal
business. Because, your ability to use this should only be for the work of this
Commission, and if you did put it on your own computer, if you would be allowed to do
that, and I think we would have to know what the vendor thought, you would not, it
would not be for the purposes of you, let's say your cousin in Santa Barbara calls you and
says, "Hey! I know you got this software on your computer and I want you to calculate
this for, you know, the district where I live based on whether I think this is fair or not."
That wouldn't be a permitted use. So, I'm not as clear. I haven't seen what these
agreements are supposed to be like with this software, but I think there's limitations. In
that regard, you'd probably be safest using a County computer.
KOSSOW: Thank you.
NAKAMOTO: Okay, as far as the license for the software, the State will purchase this
is just an example —maybe a hundred license and at any given time, the public, as well as
the Commissioners, would be able to sign in using a license, and you would create your
plan, and then you would save your plan. So, those license are meant to be shared.
LUL You mentioned, Pat, that actually members of the public could use it to submit
alternate plans and would therefore need to have access to it. So, it doesn't seem like it
would be such a problem to use your own computer.
MELLON-LACEY: Well, I guess what's not clear to me, you know, is whether we're
actually putting some kind of software on our own device or more likely, logging in to
something that they have. And, if it's the latter, and you're logging in then I would think
it would not be the same kind of problem, but it's hard to speak when you don't know
exactly how it works.
NAKAMOTO: That's how that's how it would be. You would log in. The public
would log in.
00.1
MELLON-LACEY: Well, then if you're logging in then I think it would be, yeah, more
possible.
KOSSOW: This is Bronsten. Does the logI'm just curious —does the log in forfeit
after a while? After usage and then it can go to another constituent or another
Commissioner to be used?
NAKAMOTO: Yes. You would log in, you would use the license as long as you want
to. You know, you would create your plan and then you would log off. You can save
your plan and then you can log on at another time and come back in and you know, start
working on your plan again.
KOSSOW: Thank you. And then my other just for the sake of time you brought up
timelines and what the Commission wanted or can do? Do you have a recommendation
of what we can or should do?
NAKAMOTO: No, I don't have a recommendation. I would just, you know, hope the
Commissioners would keep in mind whatever you folks decide to do, or how you want to
conduct the public hearings, that you keep in mind the very short window that we are
going to be working in. So, what I mean is like, you know, you could maybe combine
these public hearings. Because they are virtual, you know, you can look at doing it
different ways and Diana, you can correct me if I am wrong, you know, whether you
want to have one meeting, but it would be a really long meeting if we're going to be
presenting, you know, district one's plan, district two, you know, all the way up to district
nine. So, you may want to look at how you want to put this together.
KOSSOW: Was there a limit to how many meetings that needs to be done? Was there 9
separate meetings that needs to be taken?
NAKAMOTO: Yes.
KOSSOW: So, if you combine them, do you —would you just consider it as one
meeting? How does the wording work on that?
MELLON-LACEY: This is Diana. I have to look at that more carefully if that's what
this Commission wants to do. Cause the way that it's worded now, it's like each, you
would go, you were expected to go physically to each district and have a meeting in that
district. But, you know, as long as the virtual requirement remains in effect, and I don't
know when that will —if that will change. It would seem that you would be able to focus
it towards one or two districts and do it that way, but I would want to look at that more
carefully and you know, kind of get an opinion too about it because this is new territory.
The idea, the way the Code is written, is that you go to each location, each district, and
have it. I believe, I asked Pat about this because I haven't done this before, and she has.
And, I believe that they usually had them like, in a school cafeteria, or something. So,
you physically went to that location. If that is not going to be possible to do, then we're
going to have to look at alternatives.
011
YOSHINA: I have a related question.
MELLON-LACEY: Yes.
YOSHINA: And, possibly, there is no answer to this but
MELLON-LACEY: Okay.
YOSHINA: What if we don't get the information in a timely manner? So, what if in
September, the Census Bureau doesn't give us information?
MELLON-LACEY: Yeah, and that's a really good question, and again at this point you
know, I don't have an answer to that. I'm working with former Judge Elizabeth Strance,
our Corporation Counsel, on this issue, and I'm certain that we're going to be, or already
are, in contact with the Attorney General's Office at the State level to see what the State,
you know, has —is planning because I'm told that several of the other islands, you know,
they do it at -large so they don't have quite the same time constraints that we do with each
district. So, the onus is for us, a little bit bigger. And, I'd hope to have more information
and a clearer idea of when we can really expect this data in the near future, but right now,
I was quite dismayed, as dismayed as all of you are, when I heard it was going to be
possibly September.
YOSHINA: Okay. Thank you.
LOPEZ: This is Kawena. I have a question.
KOSSOW: Go ahead, Mr. Lopez.
LOPEZ: Ladies, the subject of the laptop computer for business of the Commission in
drafting plans. One of the critical things among us, particularly being remote from each
other, is communication. So, would that laptop include our ability to email each other,
email members of the support staff for the Commission? Or is it just strictly for the plan?
Or have you thought about that?
MELLON-LACEY: Is it strictly for what? I'm sorry.
LUL The plan.
LOPEZ: For developing the
MELLON-LACEY: Oh, the plan. Well, it would be for the business of the Commission
so if it'sif you need to email Pat, let's say because you have a question about
something with the software so, then of course, that's totally appropriate because that's
part of the business. And, of course, as you saw from the Sunshine Law, you can't really
engage in private discussions with the members of the Commission outside of a meeting
31
with a lot of emailing, so that's somewhat limited anyway. Better to go through a staff
person, you know, if you wanted to get information out or something like that, or if you
have questions about how something works.
LUL Well, it maybe though that you are having an administrative question or something
like that, that doesn't really require all of your time, so in some ways it would be good if
we could communicate a little bit more. Those are not substantial questions, so again, if
we could have a list of the members and their email addresses, that would be really
helpful.
MELLON-LACEY: Yeah, I'm sure we'll be putting that together. I just cautioned
because sometimes the Sunshine Law gets inadvertently violated through a lot of
emailing so it is something you have to be careful about.
LUL We have nothing substantial to talk about until September.
MELLON-LACEY: At this point, yes. Well but, remember it isn't always reality, its
perception. You know, if people get the perception that the group is communicating and
not being out front about what they're doing, it can cause problems. In some ways, it's
harder in this virtual environment.
LOPEZ: So, to try to close my question, we would be able to use the laptop from the
County, that you propose, would have email ability so that we can talk that kind of
business?
MELLON-LACEY: In all honesty, I don't know how the laptop from the County would
be configured. Is that something you would know—
LOPEZ: Alright, it's a consideration then, at this point. Thank you.
NAKAMOTO: Yes, we can have it ready for you so that you folks would be able to
email our offices and we will provide you with our email addresses and telephone
numbers.
KOSSOW: Thank you. Are there any questions for Ms. Nakamoto? (No response.)
NAKAMOTO: If not, I wanted to go back to the question about the budget. I got the
information. Currently, in this fiscal year, there is ten -thousand dollars, and in the next
fiscal year, which begins on July 1st, there would be seventy-five thousand dollars for the
Commission's use. Thank you.
KOSSOW: Thank you.
YOSHINA: So, we can have parties then. (Laughter.)
LUL We get to get a car with it. (Laughter.)
Kea
KOSSOW: Do you folks have a line item forI'm sorry, you're packing up —do you
folks have a line item that we can take a look at to see what the budget cost would be
going into —going into past July for just regular expenses, whether that's reimbursement
for driving or the consultations?
NAKAMOTO: Yes, we can get that information to you.
KOSSOW: Thank you.
MELLON-LACEY: And then, they would they have gotten or would get the forms for
mileage and anything of that nature.
NAKAMOTO: Yes, Dennis has already provided it.
LUL We already have that, yeah.
KOSSOW: Thank you.
NAKAMOTO: Thank you.
YOSHINA: So, Bronsten, before you continue, I just wanted clarification.
KOSSOW: Mr. Yoshina.
YOSHINA: Yes, thanks. So, we're going to all get a contact list?
MELLON-LACEY: Yes.
YOSHINA: Okay.
KOSSOW: Is that something Dennis could provide?
YOSHINA: Yeah, yeah.
KOSSOW: I think he was the one that emailed everybody out.
YOSHINA: Okay, thank you.
4. Meetings
Discussion on location, frequency, and time of day for Commission meetings.
091
KOSSOW: Alright, moving over to New Business and Number 4, we have Meetings.
This includes discussion on location, frequency, and time of day for Commission
meetings. I open the floor.
LUL I guess, I move that we put that to the next meeting, whenever that might be,
although we because there's not really, yeah, much toI don't see that we have any
regular business at this moment.
LOPEZ: I support that because we have two more members coming on and their input to
that would be crucial. Thank you.
HUSTACE: Should we maintain at least a monthly connection though? I think the
previous Commission met at a monthly rate.
KOSSOW: If we meet monthly, then we would have to ensure that you know, the
building for East Side, and West Side, and gym capabilities are open and then we have to
work with the County staff on that. So, that's something to take into consideration if you
wanted to do a monthly basis. Am I right on that?
MELLON-LACEY: Well, the way meetings are structured now, it would be possible to
do everything virtually, for the moment.
KOSSOW: Okay.
MELLON-LACEY: So, that you wouldn't have to haveI think one of the primary
reasons they wanted to do this, this way, was to get everybody sworn in. But, in theory,
at least now, it could be done that way. Subject to change, of course.
KOSSOW: I think we should temporarily meet next month to complete the rules and
regulations that we passed through today. And then, maybe we'll get an update after you
know, 2 or 3 months, and we'll go month by month when it comes to awaiting the report
from the Census. How does everybody feel about that?
LUL Good.
LOPEZ: Agreed.
YOSHINA: I'm good with that.
KOSSOW: Okay. Alright. So, is there any dates or times that stands out to anybody?
LOPEZ: My preference would be Mondays. So, the next meeting would be April 5.
HUSTACE: I move that we meet on the first Monday of every month going forward.
011
KAUKA: Everyone, this is Dennis. If I could just offer something. The District 3
vacancy that the Mayor's Office submitted, for Breeani Sumera-Lee, I don't think it was
requestedI believe it's going to be on a Committee agenda for March 16. So, she
would not actually be confirmed until April 7, if you wanted her to participate as a seated
Commissioner for the next meeting, at that Council on April 7.
KOSSOW: April 7?
LUL So, why don't we do the following Monday, whatever it is after April 7 h?
KOSSOW: The 12''.
LOPEZ: Very good.
KOSSOW: Is there a motion on the floor for
HUSTACE: I amend my motion -Monday -to April 12''. Monday, April 12''.
KOSSOW: Yup. Motion is made my Mr. Hustace.
LOPEZ: Second.
KOSSOW: Second by Mr. Lopez. We already had some discussion on it. Any
objection?
LOPEZ: Yes.
KOSSOW: Oh, you want to set an objection?
LOPEZ: This is just a one-time schedule?
KOSSOW: Correct. This is just one-time.
LOPEZ: This is just one. Okay.
KOSSOW: This is just for the 17'h meeting. This isn't anything to do with the meetings
after that.
LOPEZ: Alright. Thank you.
LUL Good. Oh?
KOSSOW: Ms. Yadao?
YADAO: I have a work meeting that day.
KOSSOW: Okay.
MIP
LUL Should we push it back one more week? It's really not —there's no emergency
here.
KOSSOW: Yeah. So, we're scratching off the motion that's on the floor, and we're
pushing for April 19'. Is there a motion?
LUL So moved.
KOSSOW: Thank you. The motion was made by Ms. Lui.
LOPEZ: Second.
KOSSOW: Seconded by Mr. Lopez. Any discussion?
HUSTACE: I have a work meeting that day.
(Laughter.)
KOSSOW: Oh, great. Shall we shoot for May? How does Mondays the first Monday
of May. May 3ra.
LUI: Sounds good. So moved.
KOSSOW: Motion made by Ms. Lui.
YOSHINA: Second.
KOSSOW: Seconded by Mr. Yoshina. Any discussion?
HUSTACE: This will be held virtually, I'm assuming?
KOSSOW: This is going to be held virtually. Yes.
HUSTACE: Thank you.
KOSSOW: Any opposition?
MELLON-LACEY: I'm just throwing it out.
KOSSOW: Go ahead.
MELLON-LACEY: Are you thinking of doing the same time as this meeting or?
LUL Ten.
W.
KOSSOW: Yeah, that's what I was thinking since it's a standardized time here. Which
would be, 10 o'clock a.m. Any objections? (No response.) Alright, thank you very
much.
REPORTS
KOSSOW: Moving over to reports. I don't think we have any reports on hand `cause
this is our first meeting.
REFERRALS FOR EXECUTIVE SESSION
KOSSOW: Any referrals for executive session? I think that's going to be under
Corporation Counsel.
MELLON-LACEY: None.
KOSSOW: No referrals for executive session.
ANNOUNCEMENTS
KOSSOW: Do we have any announcements? (No response.)
ADJOURNMENT
KOSSOW: Without hearing any, is there a motion to adjourn?
HUSTACE: So moved.
LOPEZ: Second.
KOSSOW: Motion by Mr. Hustace. Seconded by Mr. Lopez. Any objections? (No
response.) No objections. The committee meeting is adjourned.
LUL Thank you.
MELLON-LACEY: Thank you.
AKAMU: Thank you, everybody.
LUL Thanks, Bronsten and James for stepping up.
Respectfully Submitted,
Nicole Bello, support staff to
the Commission
Approved on September 9, 202 1:
Mr. Bronsten-Glenn Kossow, Chair
Hawaii County Redistricting Commission
WQ