HomeMy WebLinkAboutCOM 0212.277 1996-1998
May 4, 1997 ~ll_.h'~ti1ti-t.L~ 5
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Dear Chairman Araraki and Councilman Chung:
Protection of our democratic process is perhaps the most
vital duty of any member of government. The Finance
Committee meeting on April 24, 1997 was conducted with
irregularities which denied democratic rights to opponents
of the irradiation facility. Denial of democratic rights to
any citizen, especially when orchestrated to create a
desired end, jeopardizes the democratic process for ali
citizens.
The chairperson of the council is required by Rule 4.1(h) of
Council Rules of Procedure "to provide for the coordination
of all administrative activities and to see that they are
honestly, efficiently, and lawfully conducted." In
addition, the County Charter, Article XIV, Section 14-4(c),
requires that "all persons shall be treated in a courteous,
fair and impartial way."
We therefore direct the chairperson's attention to the
enclosed memo to Councilman Chung from Rory Flynn. The use
of this memo by the finance committee chairman violated the
honesty, efficiency, and lawfulness of the MarchL4th
hearing on Bill 62. Use of this memo, and other
irregularities during the Finance Committee meeting call
into question the fairness and impartiality of the Finance
Chairman's actions.
The people on Mr. Flynn's list were identified as proponents
of the irradiation plant. They did not personally register
or supply their addresses, as required under Rule 5.4(bl(1).
Rule 5.4(b)(6) requires the chair to rule people who do not
register properly "out of order." Instead, Mr. Chung gave
these people priority, allowing them to speak before
properly registered speakers, most of whom were opponents.
The Chairman also appears to give preferential treatment to
proponents of the irradiation facility when he violated the
Order of Business (Rule 17), and permitted Isomedix to give
a presentation and testimony prior to statements from the
public. The chair granted Isomedix unlimited time.
Isomedix is not an impartial consultant to the County
Council. They are a private business who want to build this
plant for their profit. Their testimony cannot be
considered impartial and they should not have been given
priority over the citizens of Hawaii who came to speak.
As a result of these irregularities, the citizens of Hawaii
had to wait nine to ten hours to speak. Many could not wait
this excessive amount of time due to work and family
obligations. Both groups, those who waited the extensive
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time to speak and those who could not stay, were denied
their right of equal access to the Council, a fundamental
part of our democratic process.
Furthermore, the Mayor's characterization of those citizens
who oppose the irradiation plant as terrorists,
irresponsible, and bullies should have been ruled out of
order by the Chair (Rule 5(4)(b)(2) and Rule 5(4)(b)(6)).
Permitting the Mayor to continue and repeat abusive
descriptions of citizens who oppose Bill 62 granted him
partial treatment.
The lack of impartiality is also evidenced by the Finance
Committee's failure to review and consider the written
testimony (Rule 5.41b1). There was a copious amount of
written testimony submitted. It is impossible for the
Committee members to have read and reviewed the mountain., of
written testimony prior to their vote because they did not
allot themselves time to do so. Thus, the Chair violated
its responsibility to make "diligent inquiry into all facts
and circumstances..." (Rule 5.4(al).
This apparent lack of impartiality casts a chill over our
precious democratic process. That fact and the probable
invalidity of the April 24 vote on Bill 6'L as a result of
these irregularities requires the Chairman of the Council
and the Chairman of the Finance Committee to call for a neta
Finance Committee meeting on Bill 62, and to nullify the
April 'L4 vote.
Please make this letter a numbered communication at the Nay
7, 1997 meeting of the County Council related to Bill 6L,
Draft 'L.
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