2007-03-09 Investigation Into Alleged Sunshine Law Violations

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Hawaii Tribune-Herald :: Hilo, Hawaii Page 2 of 3 hours, or less, ahead of time. Had he learned about their plans sooner, Hoffmann said he "probably would have done something different," but is not sure what that would have been. Yoshimoto and Naeole attended a roadways meeting Thursday evening in Keaau, while Higa coached a youth basketball game in Hilo. "If I was asked to stay at the council meeting, I would have," Higa said. Yoshimoto and Naeole also said they could have had a replacement appear on their behalf at the Keaau meeting. The three also complained that Hoffmann refused to move up legislation so they could vote on the measures before departing. "It's a common courtesy that wasn't extended to us, and that's really disappointing," said Yoshimoto, whose tax-relief measure was postponed because of his absence. Kim's testimony on his $2 million request for a planned Hilo trash-sorting facility was heard ahead of schedule. "We never voted out of sequence. I don't like doing that if you can avoid it," Hoffmann said. "We weren't trying to take things out of context on the agenda simply because people weren't going to be there. I wasn't going to do that because I don't want to establish a precedent." With just five members present and six needed to approve Kim's requested budget amendment, the measure was deferred. But the delay, according to the contractor, will increase the project's cost by $186,000. That revelation prompted criticism and a West Hawaii Today story that said Higa, Naeole, Yoshimoto and Ikeda were to blame. That's a"false statement," Higa said, noting there was no certainty Kim's funding request was going to pass. "I don't like false accusations going out about myself," Naeole said. "I feel like I've been taken advantage of, and I don't appreciate that." Hoffmann agreed with Higa that the project's approval is not a given. "It would be unfair to say the absence of the people is the reason we're going to pay more money," Hoffmann said, adding he was "amazed" at learning Thursday the issue had to be decided then or the price would jump. Finally, Higa, Yoshimoto and Naeole claimed although Hoffmann knew why they left, he did not defend their early departure when fellow lawmakers questioned why they were not present. "It kind of upset me, some of the things that were said," said Higa, who was council chairman prior to Hoffmann. Hoffmann said he'll review the council's rules on absences and, in the future, will state why members are not present. Naeole said she regrets supporting Hoffmann as chairman and now wants Higa returned to that role. A don't trust already because I wen get sting," she said. "The west side is actually pushing us away. It's a big power trip." Higa said he won't lobby for the extra vote he needs to become chairman. "If and when the numbers do change, then we'll deal with it," Higa said when asked about any reorganization effort. http://www.hawaiitribune-herald.com/articles/2007/02/24/local news/loca101.prt 3/7/2007