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HomeMy WebLinkAboutCOM 0455.006 2004-2006 Lincoln S.T. Ashida ~y Corporation Counsel Harry Kim °w Mayor Gerald Takase ~ Assistant Corporation ~'o~'~"+ Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720-4262 (808) 961-8251 • Fax (808) 961-8622 November 1, 2005 Honorable Stacy K. Higa and Members of the Hawaii County Council County of Hawai-i 25 Aupuni St. Hilo, HI 96720 Dear Chairman Higa and Council Members: RE: Hawaii County Council Task Force Mediation-type interaction by Council Members Our Entry No.: WRK 05-10934 Please see the attached three letters sent by our office to the State of Hawaii Office of Information Practices (hereinafter "OIP"). On October 31, 2005, I was telephonically contacted by OIP Executive Director Leslie Kondo, who verbally responded to both our inquiries. Hawaii County Council Task Force Mr. Kondo acknowledged that it was unclear whether Section 92-2.5(c), Hawaii Revised Statutes, as amended (hereinafter "HRS") applies to Council committees in allowing up to four members to caucus outside of a noticed meeting in order to discuss committee leadership. Mr. Kondo said he discussed this matter with Attorney General Mark Bennett, and the Attorney General believes that HRS Section 92-2.5(c) may have sufficient "breadth" so as to apply to Council committees. I advised Mr. Kondo that there was no pressing need for a written opinion concerning this matter, since our Council had opted for the most conservative (and publicly transparent) process in discussing possible changes to committee leadership. Whether the task force process is required for committee reorganization remains unclear. However, absent a written recommendation from OIP to the contrary, it is the considered opinion of our office that reorganization of committee leadership falls outside the purview of HRS Section 92-2.5(c), and no~ tS Comm. No. Ref. To: Hawaii County is an Equal Opportunity Employer and Provider~fk D Z Honorable Stacy K. Higa and Members of the Hawaii County Council November 1, 2005 Page 2 more than two members of the Council may discuss such a reorganization outside of a properly noticed meeting. Mediation-type interaction by Council Members Mr. Kondo confirms our recitation of the events and representations contained in our October 28, 2005, letter, regarding the ability of Council members to meet to discuss "personality issues" with one another. So long as matters discussed do not constitute "board business,"1 such meetings are outside the purview of the Sunshine Law. As discussed at our Council meeting on October 18, 2005, if any Council Member wishes the services of our office to serve as a mediator or other regulator of Sunshine Law compliance, please let me know, and we would be more than willing to accommodate you. Thank you for your kind attention to this matter. If you have any questions concerning these issues, I invite you to contact me. Very truly yours, LINCOLN S. T. ASHIDA Corporation Counsel Encls. c: Honorable Constance Kiriu, County Clerk (w/ encls.) S: Departments/Council/LSA Misc./Letter to Council re OIP 11-1-05/LSAmr The OIP has defined "board business" as those matters aver which the board has supervision, control, jurisdiction, or advisory power that are currently before the board or that are reasonably anticipated to come before the board in the foreseeable future for discussion, deliberation, and action. ~`y ....yin "O~" Lincoln S.T. Ashida Harry Kim Corporation Counsel Mayor Gerald Takase :;;ry_ Assistant Corporation Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720-4262 (808) 961.8251 Fax (808) 961-8622 October 20, 2005 Honorable Leslie H. Kondo Director, Office of Information Practices 250 S. Hotel St., #107 Honolulu, HI 96813-2531 Dear Mr. Kondo: RE: Reorganization of Hawai i County Council Committees Our Entry No.: WRK 05-10934 At its meeting on October 5, 2005, the Hawaii County Council (hereinafter "Council") formed a task force, pursuant to Section 92-2.5(b), Hawaii Revised Statutes, as amended (hereinafter "HRS") for the purpose of evaluating the Council's rules relating to committees, including leadership, scope, responsibilities, and efficiency. At this meeting, the Council spent a considerable amount of time discussing the specific charge of the task force, as required by the Sunshine Law. Our office took significant care to ensure that each Council member understood the "three meeting" process. The Council's meeting of October 18, 2005, was selected as the "second meeting" in the process, requiring a full reporting of the activities and recommendation of the task force. At our Third Annual Statewide Municipal Attorneys Training Conference in Waikoloa in September, Council Chair Stacy Higa and I conferred with you regarding the appropriate method for Council members to discuss a reorganization of Council and/or committee leadership. You had correctly recognized and recommended that the formation of a task force pursuant to HRS Section 92-2.5(b) was a legally permitted vehicle for such activity under our laws.l At the Council meeting on October 18, Sue Irvine presented testimony criticizing the Council's effort to reorganize its committees. In sum, she criticized In fact, you had previously recommended to our office that the Hawaii County Police Commission could use a similar task force to investigate citizen complaints. You had recommended this when we sought your counsel on a legally permissible way to allow members of the public to bring their complaints before the Commission without fear of reprisal. Hawaii Counfy is an Equal Opportunity Employer and Provider v~ L. Honorable Leslie H. Kondo October 20, 2005 Page 2 the task force process. Enclosed is a copy of her full testimony before the Council, together with an email message authored by Ms. Irvine and sent to your office. I represented to the Council that I was concerned about her comments, since she inferred that she had spoken with you, and you had represented that such an effort by our Council "skirted" the Sunshine Law. If in fact Ms. Irvine was speaking for herself and the League of Women Voters as expressed in her subsequent email, I do not understand why your meeting with her was mentioned at all, and why she mentioned you by name and position. Soon after her testimony, I telephonically contacted you, and you indicated that (1) you met with Ms. Irvine and others the previous day, but did not specifically discuss (nor were you aware of) the Council's reorganization effort, (2} the Council's actions, based upon the information available to you at present, was permissible, and (3) you believe Ms. Irvine may have been confused. I do not know Ms. Irvine personally, and cast no aspersions on her credibility with respect to her representations before our Council. I am, however, concerned whether the Council's present practice is permitted, since we had relied upon a recommendation from your office with respect to this reorganization. Of primary concern is the following statement by Ms. Irvine: And it-there, definitely, was the discussion yesterday (with OIP}--and I have my notes over there-that this task force forces (inaudible) to skirt on the edge of Sunshine. We ask you assist our Council in opining whether the formation and use of a task force, pursuant to HRS Section 92-2.5(b), "skirts" the Sunshine Law. In other words, we assume "skirting" the law is akin to noncompliance with the spirit of the Sunshine Law, a path our County has pledged not to embark upon. I appreciate you and your staff are very busy, and for that reason, we do not seek a formal opinion, but simply verification whether a task force violates the spirit of the Sunshine Law. Please contact me via post, or email at Lashida(c~co.hawaii.hi.us. Thank you again. Very truly yours, LINCOLN S. T. ASHIDA Corporation Counsel Encls. c: Honorable Stacy K. Higa, Council Chair (w/ encls.) S: DepartmentslCeunciULSA Misc.lLetter to OIP re task force 10.20-OSlLSAmr CHR. HIGA: Our next speaker will be from Hilo-Susan Irvine--on Communication 455.1-a comment. Good morning. SliSAN IRVINE: The Chair called on Ms. Susan Irvine, State President, League of Women Voters, who made the following statement regarding Communication 455.1: MS. IRVINE: Good morning to the Council. I'm Sue Irvine with the League of Women Voters and I wanted to speak to you this morning about Communication 455.1. I think many of you know-some of you are Members of the League-that League is an organization dedicated to the informed and active participation of citizens in government. To be informed and active, it requires that citizens can listen to and comment on deliberations of a government agency. This requires what we call "Sunshine" on your actions, as required by the Hawaii Revised Statutes in Chapter 92. I realize I'm a little behind the curve on this because you did form your task force on-to recommend Council reorganization or looking into the Committees a couple of weeks ago and I missed that. So, I didn't know about this until about 9 o'clock last night. But I'm here to say that, yesterday, I met with Les Kondo of the Office of Information Practices for about anhour-and-a-half by phone from Honolulu-we had ameeting-and task forces were mentioned as a way to skirt State Sunshine laws. And I would just encourage you folks that when you're skirting the Sunshine laws, you do a disfavor to yourselves and your constituents because anything you do could be challenged and, possibly, voided in Court. This is a waste of everyone's time and our taxpayer dollars. You can see right now-I'm sure all of you're aware-that both the Kauai County Council and the Honolulu County Council are being sued on such matters. And I would encourage you to follow the Hawaii Revised Statutes and provide Sunshine for your actions. Thank you. CHR. HIGA: Thank you. We have a comment. Mr. Safarik. MR. SAFARIK: Ma'am. MS. IRVINE: Yes? MR. SAFARIK: Thank you for coming to testify. When you mentioned the light of day in this type of issue, would you recommend that an action like this would be best served in a public hearing? MS. IRVINE: Ideally, yes-but I know often you go into "Executive Session" for personnel matters and that's not open to the public. But it's, certainly, nice for those of us and the media on the outside to have you come out of "Executive Session" and, maybe, give some reasons for your actions. MR. SAFARIK: Yeah, my question wasn't really about "Executive Session". I'm talking about out in the light of day where this type of activity manifested itself on August-I mean, on April 6 and now it's manifesting itself, again, today. Would you recommend this type of activity be-because all it takes is three votes of the people involved- MS. IRVINE: Absolutely, absolutely. MR. SAFARIK: So, you would agree with that. Would you bring your Women League of Voters out to assist in that type of activity? MS. IRVINE: We try to be proactive but our womanpower/manpower-also, we accept men members-is limited and I can't guaranty that I'm always here. I am State President of the League and I've been very busy suing the Honolulu County Council and going to meetings in Honolulu, either by phone or air. MR. SAFARIK: Because you mentioned the fact that two of our sister counties- O`ahu and Kauai-are now under scrutiny, as I think they- MS. IRVINE: In Court. MR. SAFARIK: In Court, exactly- MS. IRVINE: Correct. MR. SAFARIK: For violation of the Sunshine Law. MS. IRVINE: Well-Kauai, it's records-Honolulu, it's serial meetings- MR. SAFARIK: Serial- MS. IRVINE: Serial corrununication meetings- MR. SAFARIK: Right. MS. IRVINE: Which skirt sometimes. MR. SAFARIK: So, I guess, my question is, you would be happy to be a part of that type of debate out in the public purview- MS. IRVINE: Certainly. MR. SAFARIK: In that type of- MS. IRVINE: The League does- MR. SAFARIK: Okay. MS. IRVINE: Does that sort of thing. MR. SAFARIK: Thank you. That's all I wanted to find out. Thank you very much. CHR. RIGA: Ms. Irvine, hang on. I have a couple questions. Oh, wait- Mr. Pilago, you're first. MR. PILAGO: Thank you, Mr. Higa. Thank you, ma'am, for your presentation this morning. I'm only going to do an encouragement to yourself and the League of Women Voters to please scrutinize, very cautiously and carefully, the actions of this Council within the next few months to make sure that we do not skirt the Sunshine Law and we do allow for fair representation of all Council Members and Districts. Thank you. MS. IRVINE: We'll try. MR. PILAGO: Thank you. CHR. RIGA: Ms. Irvine, a question for you. Thank you, Mr. Pilago. How is- how do you feel a Council should organize itself? In other words, when you come up with leaderships-when you want to figure out who's going to Chair a Committee, who's going to Chair the Council-how would you-knowing how it's done all over, pretty much, the entire United States and the free world-how do you expect the Council to organize itself? MS. IRVINE: I can't pretend to know how everybody does it. I haven't, really, looked at it that broadly. I do know, generally speaking, when personnel matters are involved, a Council goes into "Executive Session" and those proceedings are not out in the public. I've served on a number of Boards and Commissions, myself. I always felt that actions taken in "Executive Session" should be backed up by statements in public to the public about valid reasons for why you're doing what you're doing. I think that would be- CHR. HIGA: Okay. So-just so you understand how-what's happening is, in a reorganization like-or a scrutiny about how the Committee chairmanships and Committees are organized, you need to have this-you need to have the dialogue communication. And, again, when you deal with-like Isaid-the chairmanship of this Council, for example-if it was done in a public purview, it's sometimes difficult for Members to talk-I mean-get a lot of person-I mean, you know? MS. IRVINE: I understand. CHR. RIGA: So, again, the entire reasoning for going into the task force mode, really, wasn't to circumvent the law. It was, real]y, trying to work within the law-okay-the laws that are there. Because, again, we could have, actually, gone into-at anytime-up to four Members under the guise of "reorg."-okay. We could have just had "reorg." and go and done this. But speaking with Mr. Kondo at a seminar, he felt this was the prudent way because what will happen is after our recommendations come forward, everything will be brought out in public. It will be signed. It would be told what has happened, what has transpired. So, I think, it's a wonderful way or a neat way to be able to get your work done and still inform the public in a very open way about what has transpired. And that's what's happening here. In the other way, we could have gone into-like you said-"Executive Session". The public would never ever know what happened. MS. IRVINE: Well, they may if Mr. Kondo comes up with some new legislation this year- CHR. HIGA: Exactly. So, it- MS. IRVINE: 'Cause he's talking about it. CHR. HIGA: Right. MS. IRVINE: And it-there, definitely, was the discussion yesterday-and I have my notes over there-that this task force forces (inaudible) to skirt on the edge of Sunshine. CHR. HIGA: Thank you. MS. IRVINE: Thank you. CHR. HIGA: Thank you. Okay. Megan, your next speaker. OCT-19-2005 WED 12 28 Ph ~ "H Count) Clerk Office FAX N0. 80° 981 8912 P, O1 AAle lcncU~~~ d ~ ~ ~ 61t n,t.c~ Orginal Meceage - From: 1RVI NER002(@hawaii. rr.com To: Laslfe,Mlondq Cc: LWVHI ;Les Ihara. Jr. ; StlAinq Morita ; Chris Loos ; Chds Convbeare ; Bevenv Keever Serrt: Tuesday, October 18, 2005 3:39 PM SubJeet: My testimony et Hawaii County Caundi 10l18I05 Dear Lea, I am writing Qo assure you that 1 did not speak for you or anyone other than the League d Women Voids at a Hawafl County Coundl meeting Mis am. This morning our Hawaii County Council had on their agenda "Prosentafbn of FMdirgs and Recommendatlons of Councl Task Force Evaluating Councl Committees," Last night at 9 pm h was oonfmmed to me that of 2;30 yeserday atlemoon, ttds "leak force" was recAtrxnondwg a comP?ata rsoryanization d the Cgrnttil this am. l attended itte rneetlng and tesfihd for tlw League that, as an organlzatbn diet errcouragss "IMOrnted and arShre parecipatlon N clt~ens k? gavemment," ws would tike to see "sunshine" as required under HR9 ch. 92 on the CouncN'a actions and that setting up e "task force" was one way mentlonad In our mNtirg yesterday lo'akirt" (Wetlster Colkglote Dicdonary, "skirt Yo run abng the edge of") stale eunahir» laws. Councl Attorney Lincoln Aahkia toalt umbrage d my canments, ca8ed you, and tltert took the stand to say that q1s Counal actions were bgat aooordtng to his conversdone wNh OIP. He oho seamed concerned that I had not mentlaned everyone at the meeting. I dki say that the mss8rtg was with you and that I was present by phone. I wiN list the others present as I Vvlli get Ntis message to our Council members as weN: League d Women Vobars of Hawaii - Jan Aoki, Sus Irvine Newell Chapter of rlw Society of Professional Journalists. Stirlirr6 Morita, prey ,Night EdHor, Honolulu Star-Bulletin Right to Know Committee - tleverty Ann Keever, chair. Srnator LES SHARA, SR Chris Conybeare Lea Kondo OIP ANhough I wmla my testimgrty during 16 minutes of ~uncN pre8minaries so l have only hand wf8lsn hard copy, i want to assure all that I was using the word skirt careluNy and was not saykg anything about the legality d what they ware doing. t was absolutely not speaking for anyone o8rar than the League. I am not a lawyer, but I do know what League stands for. Whether the t:ounal was aging IegaNy or not, in speaking for League, t saW they were'tunntng along the edge of our State surnhine taw. I also mentioned that skUting sunshtrw leads m problems which, ae we aN know, have ended In court on two other islands. Mr. Ashida promisee to send OIP a copy of my testimony, so I am sure a will show that I was speaking only for the League and not as a lawyer. Thank you far your hard work at OIP and for sharing that work with those of us at the meeting yesterday. Sincerely Susan Irvine, President league d Women Vo6ars of Hawao iiviner002Cd hawaii. rt._rr~ 808 936 8080 a tt08 895 3421 rYY OIM Lincoln S.T. Ashida Harry Kim Corporation Counsel Mayor Gerald Takase ' J: Assistant Corporation Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720-4262 • (808) 961-8251 Faz (808) 961-8622 October 28, 2005 Honorable Leslie H. Kondo Executive Director, Office of Information Practices State of Hawaii 250 S. Hotel St., Ste. 107 Honolulu, HI 96813 Dear Mr. Kondo: RE: Hawaii County Council Task Force S RFO-G 05-053 Our File No.: WRK 05-10934 Thank you for your prompt and comprehensive response to the above matter dated October 26, 2005. I have enclosed copies of this correspondence for reference purposes. At the onset, we thank you for your continued prompt attentiveness to issues which arise in our County, and for working with us to avoid potential problems. With respect to the last substantive paragraph in your letter, wherein you indicate there may have been a misunderstanding on our part concerning whether the task force vehicle was necessary in order to discuss Council leadership changes, I wish to confirm whether Section 92-2.5(c), Hawaii Revised Statutes, as amended (hereinafter "HRS"} applies also to the reorganization of Council committee leadership. I regret that my letter to you may not have been abundantly clear that the Council's present effort is to reorganize its standing committees and their respective chairs, and not the chairmanship of the Council. I was under the impression that officers, as contemplated in HRS Section 92-2.5(c), meant the Chair and Vice Chair of the Council. Rule No. 4 of the Rules of Procedure of the council of the County of Hawaii (all pertinent rules attached), provides that the off+cers of the Council "shall consist of the Chair and Vice Chair." Rule No. 6 of the Council's rules provide that "The members of the Counci{ shad establish all standing committees and designate the Committee Chair and Vice Chair or Co-Chairs of each standing committee by resolution at the initial Hawaii County is an Equal Opportunity Employer and Provider Honorable Leslie h. Kondo October 28, 2005 Page 2 convening of the Council." Rule No. 7 repeats the mandate of this process by providing that "The Chairs and Vice Chairs of each (standing) committee shall be determined by resolution." Unfortunately, my initial letter to you dated October 20, 2005, may not have made this distinction concerning Council chairmanship versus committee chairmanship abundantly clear. Given this new information, would the use of HRS Section 92-2.5(c) with respect to discussing committee leadership at anon-public meeting be permissible? We initially thought it was not, thus, we recommended to our Council chair the use of the task force process in an effort to comply with the Sunshine Law. Again, since the task force was used as the vehicle for reorganization of committee leadership, the most conservative process was followed, and significant transparency ensued. We simply ask this question for clarification and reference in the event of future reorganizations of committee leadership. We thank you once again for your continued assistance in this matter, and look forward to your response. Please let me know if you require additional documentation or information concerning this matter. Very truly yours, Wu„" _ LINCOLN S. T. ASHIDA Corporation Counsel Encls. S: Departments/Council/LSA Misc./Letter to OIP re reorg 10-28-OS/LSAmr Oct-28-2006 Od:Olpa Frog-OFFICE 'ORNATION PRACTICES 18086BB1d12 T-387 P.0011008 F-086 ` .~I/~ 7; A i. W °A ~'otE STATE OF HAWAII OFFICE OF INFORMATION PRACTICES a"we a. uONA, ~R NO. 1 CAPYfOL DISTRICT SUh.01N0 M KONG .iNiCW.i OOVlMM 750 !IXlTM MOTA STREET. SURE 10) OIMCT011 raN0.uLU, I~Awu1 Dena Ya~Bp110fM: (90q ea61A00 FA)C (909)SBa•1 "12 EMAIL' dpeMwaq.OOv www.n/xaM.OOwoiV FAX TRANSMITTAL DATE: October 28, 2006 TO: The Honorable Lincoln S.T. Ashida (FAX 808-981-8622) Corporation Counsel FROM: Lea Kordo TOTAL NO OF PaGEB: 6 RE: Hawaii County Council Tack Force S RFO-ice 03-033 This office is transmitting a letter dated October 28, 2005 to Lincoln Ashida from the Office of Information Practices. ? Origbw! is being mafla4 ro yau. ? Original will NOT bs maiJed to you, unlars requeaed X ~ARNIIVG: Thle mecaage is intended oNy for the use of the iadividwl or entity to which k !s addressed and tray coatahs information that is ;privileged or coatWantlaL If the reader of thk message le not the Invaded rcdpieat, or the empbyee or agent respoastble for delivering the massage to the intended recipient, you an hereby notified that nay dieseowwtioa, distribution or copying of thin communication is ttrictry prohibited. 1f you have received this cptnmunia'7ltloa is error, please notify uc hnmedlately by telephone and return the original to us at the above address via the V.S. Postal Service Thank you. Oct-26-2006 04:01pA FrarOFFIC 'FORMATION PRACTICES 18088881412 i-387 P.002/008 F-088 e. R G Ft 1ND' u"~" STATE OF HAWAII OFF1CEo OF THE LIEUTENANT GOVERNOR JUIdA.Y0N4 J0. OFFICE OF INFORMATION PRACTICES ""'",,,,~„°~11D0 LI,Ut,wNT 00~~IPKM "o. , eAVrco~ o~arA~cr auw.aira sso SOUTH r10T0. STRifT, surce ion r+onoww, nAwM•r eaeta TNwnar: (BOB)6[61~OD FAX: (BOB)5Bt-1 a12 !*IAp..' dperm+wY.ya www.nawY.pwiop October 28, 2005 VIA FACSIMILE 808) 961_8622 The Hoaorabhe Lincoln S.T. Ashida Corporation Counsel OfPue of the Corporation Counsel 101 Aupuni Street, Suite 326 Hilo, Hawaii 96720-426: RE: Hawaii County Council Task Force 3 liFO-G 06-063 Dear Mr. Ashida: I am in receipt of your letter dated October 20, 2005, requesting my comment concerning the task force created by the Hawaii County Council. From your latter and my review of the Council agenda posted on the Council's website, I understand that at a properly noticed meeting on October 5, 2005, the Council created a task force to "examine areas of concern and reporting (sic) Sndiags and recommendations to the Council on the leadership, scope, responsibilities, and efficiency of Council Committees." I further ~.nderstand that, at the Council meeting oa October 18, 2005, the task force reported its activities and recommendations to the Council. During the Council's meeting on October 18, Sue Irvine, President of the League of Women Voters, objected to the manner in which the Council had conducted the investigation, accusing the Council of "skirting" the Sunshine I.aw. From your description, assuming that the task force did not investigate matters that were beyond those expressly assigned to it during the Council meeting, it appears that the task force, which I assume was created pursuant tc section 92- 2.5(5)(1), HIiS, was proper. As you know, section 92-2.5(5)(1) requires that the Council, if it intends to take action on any of the task force's recommendations, must do so at a meeting subsequent to the meeting at which the task force reported Oct-29-2005 04:01 an F~orOFFIC' ''FORMATION PRACTICES 19099881412 T-39T P.0031009 F-099 The Honorable Lincoln S.T. Ashida October 26, 2006 Page 2 its findings and recommendations. Accordingly, any action taken on the task force's recommendations should occur at a future meeting. For pour information, Ms. Irvine and I exchanged a-mails regarding what I thought might have been a misunderstanding se to my comment about the permitted interaction that was made as part of my general discussion about possible legislation with a number of public interest advocates, including Ms. Irvine. Aa I explained to Ms. Irvine, my comment concerning boards occasionally using the permitted interaction improperly related to the situation where the investigative task force was tLSad in place of a standing committee. From the information that I have been provided, I do not underetaad the task force created by the Council to be such a Situation. I am enclosing copies of my a-mails with Ma. Irvine for your information. Lastly, I am tmcertain as to your reference to our discussion at the Third Annual Statewide Municipal Attornegs Training Conference in September. If you and Cot3ncil Chair Stacy Higa understood me to say that reorganization of the Council should be `~nvastigated" by way of a task force established pursuant to section 92-2.6(b)(1), I must correct that misunderstanding. The statute allows more than two but less than tkie number of members which would constitute a quorum to d3acuss, as a permitted utteraction, the selection of the board's officers. Haw. Rev. Stet, § 92-2.5(c) (Supp. 2004). In other words, because both the task force established under section 92-2.5(bXl) and the permitted interaction under section 92-2.6(c) era limited to Ieas than the number of members that constitute a quorum of the board (i.e., in the case of the Council, four members), the Council need not convene a task force before four of its members can discuss reorganization of the Council outside of a meet~sg. The four members can simply discuss the Council leadership outside of a meeting, without aiyy requirement that the members be designated at a meeting snd without any reporting requirement. I trust that the abave addresses your request. If you have any questions, please do not hesitate to contact me. Very yours, Leslie H. Kondo Director LHK:cy Enclosures Oct-26-2008 Od:Olpa Froa-OFFIO FORtUTION PRACTICES 1808388U1t T-367 P.OOd/008 F-086 <IfiVINE:R002~heMaN.rr.com 70 <Leslie.H.Konoo®hawaii.pov> > ce ^tlevery Keever" <bkeever(~hawaii.n.com>, "Chna Loos' tOn9r2005 04:51 PM <doos®hawaii0lbuns-herold.com>, "Chne Conybaera" <conybeare®nwn.cttnv, -Stirling Morita" bcc Subject Ro: M1fy testimony at Hawaii County Goundl 10J1B/05 Lee, Thank you so much for your reply. I understand that the Gouncll may have been within their legal right to do what they did, twt as ter as providing for sunshine on their scions, their maneuver did not look good. Ttte task force was ast up to "evaluate council committees.' They returned 2 weeks later (yesterday) with a Council reprganizatlan plan wtllCtt had not been mentioned t0 the ousted t7ounoil chairs or the publk until after 2:30 the day bwton the 9 am mewing. If this masts the letter of the aunshlne law, ft miaaee the intent of providing n+al public acceae to government proceadinga. To their credit, members of the task force did nob mince words on why they wero recommending reorganization once they began thew publid deliberations on the topic. By 5:30 pm. when they "filed" the reorganization oommunktatbn, N was quke clear that, 8s this morning's 'tiawall Tribune Herald` noted, "CouneN Clashes Uver Personalities." But them wee sunahln®. I don't know whether you were stilt on Mr. Aahida's speakerphone. when someone on the Counclf suggested asking you to help them wiif a retreat to mend tenoea among themselves. If yesterday was any indication, you will have your work eut out for youl Again, thanks for your clanfkaion concerning the intricacle9 of the law. Sincerely Susan Irvine, President League o} Women Voters o} Haweil irviner002 0 hawall.rc.e0m 8011836 8080 Or 808 885 3421 Original Message From: Leslie.H.Kondo®hawail^,_eOV To: ]$V1NER002~hawaii.rr.com Cc: BevarlKKeever ;Chris Loos ;Chris Convlxare ;Stirling Morita ;Les Ihara. Jr. ; LW VHI Sent: Wednesday, Oc[ober ] 9, 2005 10:04 A.VI Subject: Re: My [es[imony ;LL Hawaii County Counci! 10/18/OS sue: Thank you for your a-mail. I arse responding to sveid any misunderstanding of my comment during our meeting. Oot-26-2006 Od:02wr FrorOFFICE ORNATION PRACTICES 18066181411 T-36T P.006/006 F-066 Wean aware that some boards crests an InvesUgaUve task force under Becton 92-2.5(b)(1) for purposes much broader than vrhat we believe Is allowed. For instance, a board created a "finance task torts" to consider all flnandal matters that come before the board. That "teak /once" is, in essence, a standing committee of the board that must operate consistanety with the Sunshine Law (i.a., must flls nodcaragenda, discuss, deliberate and deride mature in s property notk~d mooting, allow public testimony and keep minutes). The section 92-2.5(b)(1 } task force must be ueatsd to "investigate" a s1tOS1flG matter and cannot De organized to "Investigsu,° for instance, all finandal matters that aro now and whklt in the future may came before the hoard. At tho meeting at whkh the task force b pasted, the Uoerd moat (denUf)r the speemc mater that the task fora is charged with invasdgatlng as well as identify the apadflc board membero (loss than the number that would aonstituh a quorum of the board) who wl0 parddpaa In the task force. With respset to the ask force txoetod by the Hawaii County Coundl, from the information In your a-mall and from my dlaeuaions wkh Corpotatlon Counsel Lincoln Ashlda , h appearo that the teak foros'a purpose was limited to a apeaAc mater, I.e. W evaluate the Coundl's wmmhaese. Aswming that it was created in aocordanca with section 92-2.5(D)(t), as I told Mr. Ashlda, the Council's constderotion of the committees outside of a nogcsd meeting appears to be permissible (AUhough Uts scope of the teak force's Inwstlgetlon may hew bean limited tp the Council's commhteea, assuming that the discussion was limigd to the ask forts members, tree membaro also weld have dlacussed reorganizabon of the Coundl. Section 92-2.5(c) auews lea than a quorum of the member to discuss the Council's leadership outside of s meeting). You aro wrtect in your ballet Utat Ule permitted interoctlons in aeaion 92-2.5 allows 5 board ro operau without the pubUc's parUclpaUon. However, through the permlt0ad Inbt'aaiona, the Lagislatura has Bedded that board members rtby dbcuss certain buslnea outride of meetings and without the publk's perUGpaUOn. Because the Council's aedons appear to be consistont with aectlon 92-2.5, i do not agree with your dtarocterizadon tllat •Ne permitted interectlon was used do "skirt" around the statute. From what I underannd, U appears that tho Cound was squaroty within section 92.2.5 and, therotore, did not infringe upon what the LeglslaWre hag deemetl to be the publk'a right to know. I apologize If my comments doling our meeting wsro endear or misleading. If you waukt Ilke to discuss this further, Please do not hesitate to contact me. Les Kondo Director Offke of Information ProcUCes <IF:.nrrF.ltaaztrahawrl.rr. rams TO <LOaIW KOntla' <L.ealiaH.Konda®hewdLQov> u "LWViI"<vatan materevdution.coma,-l.aa lhara,Jr"<SMihara~cepitd.hewall.pow,'SUninp tUrt&200303:39PM Morita'<mariG 4~havnlLrt.coma,'CM9Loo~'<clooa®newaNtrihuna•harala.eom>,^CMb Corrytbero' <conyhaara®rn9n.cpma, "9avarly Kewar <Dkawar®hswalur.mma Sup My teatlmorry at Mawall Couray Council 70/11003 M Oct-26-2005 04:02pe Froe-OFFICEr 'ORWITION PRACTICES 16085681412 T-36T P.OOB/006 F-066 Diu Lw. I am wmNp m eesure you tMt I dkt not speak far you a enyone other wen wa League of Womsn Voter u a MawaO County Counok maetlnq wb am. Thb mominp our Hawrll County Cuunes bed on wall agontla "Pruardatbn of Fhtlings tea Raoanmantlatlons of Counei Tarok Pores tarWUpnp COwa6 CommXeax: Lint night u 9 pm a wx coMlrmatl a m. was at 2:30 yaatardey ahamoon, wb'tsak loroe' was rer,~pnmandkrp ¦ camplaaa raorparltratbn of IM CounoY wia am. 1 utandad tM maWnq and txtl8ad for tM Laapue that, x an organlatlen wu ancauragaa Nnlermw and adlw parlklpadon U altkana kr govemmant,' wra wove Ilk. a sae 'iuflahlfM' x rpulretl under HRS eh, ~ on wa Counoa'i aCIbM era wet Datteq up a Lek le/ea• Was OrN way mentlonsd in our Insaerrp yaaratlay m "akkt' (WabatM cdl.yna DkBdtery, •eklrt'm run akaeq tM cage oI~ state wnshina kvw. Caarte6 Attdmey LinooM Aahkk look umbrage at my eommanb, Defied you, era Vert look Bra a4rld m tyr tllii 1M CouncB aotlora ware aey wuIrwetkt r ~iyOY Ylt~ it I wN upfiaMt by phOM~I v Y~4t a1M Ollla/i pfNML iaitll w~iU p~a1` maxim ~ w d Coundl members x wNl: lsagw of Woman VOtafa of FtawaO-Jean Aoki, sus Irvine Mewrll CMpter of ma Bdolary Of Prolsselonel Jounfepeq- Stk6rp Mode, prx , fJkwt FAlror, Honolulu Star-Bulletin RIOM m Kfaw CAmmid00 - Bwerly Am Kaewx, drair. SenabrLESIHARA,JR Chda Conybearo Les Kondo OIP Altlaa~r I wroq my txekelerly durlnp 18 minutw W oounol prNknlrurlM ao I Mw oNy Mnd wrklNl Mb Dopy, I wam b spun sk thq I was wltW tM wad akkt euehily eta wee not xylnp anytlVnp above ela IegaliQr d wfrat way wan deinp I wx abadutay not apaekinp ror anyone ewer wen dta Laagw. t am rat a lawyer, but I do know wfatt Leapua aande ror. WMeMr tM Camo6 was aotMq lagapy or raL kl spaekkg for Lsegw, 1 aakf way waro'n,nnlnq abnp tM saga d ow State surrMlna Isw. I also mantbnad wet sklnktq aimaMna :aada m problame whk11, x ws all know, Mw ended N court on taro otMr lalarda. Mr. Aahaa promises m xra OIP a copy of my taedmony, x I am aura k xM arrow wst I was apxkkp oNy fa 1M Laaqu4 antl rat u a uwyar. Thank you fa your hard work at 011' and for ahndnp wet work wiw wwa of w at wa maellnp yesterday. Blnearoy Suaen Irvine, Prasidam LBagw 01 Wdnen VOtefa Of Flawaa iMnar00Z lahawell.rt.oom BOB 935 8080 or 808 895 3421 RULE NO. 4 OFFICERS AND THEIR DUTIES 1. Officers. The officers of the Council shall consist of the Chair and Vice Chair who shall perform the duties prescribed by law and these rules. Each shall be elected by a majority vote of the entire membership of the Council and serve at its pleasure. Any vacanty shall be filled in like manner. 2. Presiding Officer. The Chair of the Council shall be the Presiding Officer of the Council and have the right to vote as other members. In the absence or disability of the Chair, the Vice Chair shall ad as the Presiding Officer. In the absence or disability of both the Chair and Vice Chair, the Council shall elect from among its members a temporary presiding officer and the Finance Committee Chair shall serve as the Chair Pro Tempore for purposes of presiding over the election. It shall be the duty of the Chair to: (a) Open all meetings of the Council at the appointed hour by taking the chair and calling the Council to order. (b) Call for the approval of the minutes of the preceding meeting. (c) Maintain order and proper decorum and reasonably administer the receipt of oral and written testimony in accordance with these rules. The Chair shall not engage in debate or discussion of any issue unless first relinquishing the chair to the Vice Chair. (d) Announce the business before the Council in the order prescribed by these rules and the results of any Council vote. (e) Sign all documents and authenticate all official acts of the Council as required. (f) Receive all reports, communications, bills, resolutions, and other items from the public, the Mayor, various departments of the government, and individual Council Members, and immediately make the proper referrals of these matters to the Council or to the appropriate Committee Chair(s). All communications shall be numbered and made available to the public, except as otherwise provided by law. (Section 13-20(a), Hawaii County Charter) (g) Authorize (approval or deny) requests for items to be waived to the Council agenda upon written approval of the Committee Chair. - 5 - July 7, 2005 (h) Provide for the coordination of all meetings, functions, and legislative and administrative activities of the Council, and assure that they are honestly, efficiently and lawfully conducted. (i) Make known all rules of order when so requested and decide all questions of order and procedure, subject to appeal to the Council. (j) Serve as the chief spokesman and representative of the Council for matters before the public, the state and the federal governments, and the County administration in accordance with the official position of the Council. (k) Assist the Chairs and members of the Committees and Subcommittees by assuring the availability of adequate administrative and staff support. (I) Authorize (approve or deny) all travel requests of Council Members and staff as provided in the Section 13-17, HawaPi County Charter, and Article 16, Section 2-94(a) and (b), Hawaii County Code. (m) Recommend a calendar of events to include Council meetings, Committee meetings, agenda deadlines, recesses, special meetings, holidays, etc. - 6 - July 7, 2005 RULE NO. 6 COMMITTEES 1. Tvoe. There shall be four (4) types of committees: (a) Standing Committees (b) Subcommittees (c) Ad Hoc Committees (d) Committee of the Whole 2. Establishment. The members of the Council shall establish all standing committees and designate the Committee Chair and Vice Chair or Co-Chairs of each standing committee by resolution at the initial convening of the Council. The other committees shall be established in accordance with these rules. 3. Purpose and Dutv. The purpose of the committees is to expedite the business of the Council by permitting committees to go into details on specific matters. It shall be the duty of the standing committees to consider and make recommendations on matters referred to such committees. 4. Members. The Chair and all members of the Council shall be members of each standing committee with voting privileges. Membership in the other committees shall be in accordance with these rules. 5. Procedures. (a) All referrals forwarded to the standing committees shall, upon compliance with the mandated six-calendar day posting notice, be placed on the agenda of the respective standing committees upon the direction of the Committee Chair. (b) Any recommendation or determination by a committee shall be dispensed with by a formal motion and vote. (c) A standing committee may expedite its business by means of referring matters to a subcommittee or an ad hoc committee. (d) A public hearing may be required by an affirmative vote of three standing committee members. The time and place of a public hearing shall be set by the Committee Chair or by a majority vote of the committee and may be held in the area or district affected. - 8 - July 7, 2005 6. Committee Chair. (a) The Chair of each committee shall preside at all meetings, and prepare and be responsible for agenda and reports for each meeting. (b) In the absence of the Committee Chair, the Vice Chair shall perform the duties of the Chair. In the absence of both the Chair and Vice Chair of a standing committee, the committee shall elect from among its members a temporary Chair. (c) The Chair of each standing committee shall receive all referrals to the committee and may place referrals on the agenda, provided that matters required by law for Council action, bills, and resolutions shall be placed on the committee agenda within the two scheduled meetings of the date of the referral. (d) At the written request of any Council Member, the appropriate Committee Chair shall place a requested item(s) on the agenda within the next two scheduled committee meetings. (e) Upon a written request and with the written concurrence of the appropriate Committee Chair, the Council Chair may authorize any item to be waived from the committee directly to the Council agenda. 7. Other. In all other matters, committees shall conduct their business in accordance with these rules, the Hawaii County Charter, and the Hawaii Revised Statutes. - 9 - July 7, 2005 RULE NO. 7 STANDING COMMITTEES 1. There shall be six (6) standing committees as follows: (a) Committee on Finance (b) Committee on Planning (c) Committee on Public Works and Intergovernmental Relations (d) Committee on Public Safety and Parks and Recreation (e) Committee on Human Services and Economic Development (f) Committee on Environmental Management The Chairs and Vice Chairs of each committee shall be determined by resolution. 2. The scope and responsibilities of the standing committees shall include, but not be limited to, the following: (a) Committee on Finance: (1) Matters related to auditing, budget, capital improvement projects, improvement districts, lease agreements, appropriations, general obligation and revenue bonds, taxes, intergovernmental revenues, licenses, fees, data systems, procurement policies, and personnel transactions. (2) Matters related to the establishment of the annual county operating and capital budgets, including the setting of real property tax rates. (b) Committee on Planning: Matters related to public lands, general plan, community development plans, subdivision control, zoning, land use, infrastructure requirements, coastal zone management, forestry, historic sites and trails, cultural resources, water and water development, street names and public access. (c) Committee on Public Works and Intergovernmental Relations: (1) Matters related to management of public facilities, building, fire, plumbing and related codes, dedication deeds, street and other public improvement dedications, easements, cemeteries, highways, Flood and drainage, public utilities, traffic control, sign regulations, and beautification. (2) Matters related to public transportation/mass transit. - I 0 - July 7, 2005 (3) Matters related to state and federal legislation, Hawaii State Association of Counties, National Association of Counties, state/county overlapping functions, and federal, state and county agency relations. (d) Committee on Public Safetv and Parks and Recreation: (1) Matters related to police and fire protection, civil defense, liquor control, animal control, and the prosecuting attorney. (2) Matters related to parks and recreation, youth activities, and elderly activities. (e) committee on Human Services and Economic Development• (1) Matters related to energy and related industries, research and economic development programs, market development, tourism, education, scientific research, food processing, health care, astronomy and space projects, diversified agriculture, aquaculture, foreign trade zones, enterprise zones, telecommunications, and industrial activities. (2) Matters related to human services, social service agencies, and non- profit programs. (f) Committee on Environmental Management: Matters related to the protection, preservation, and enhancement of the environment, management of solid and hazardous waste, wastewater, and recycling programs. _ i I _ July zoos •'r Lincoln S.T. Ashida • Corporation Counsel Harry Kim Mayor •c Gerald Takase ' ti,,~;• Assistant Corporation Vii: ei'w~+ Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720-4262 • (808) 961-8251 • Fax (808) 961-8622 October 28, 2005 Honorable Leslie H. Kondo Executive Director, Office of Information Practices State of Hawaii 250 S. Hotel St., Ste.107 Honolulu, HI 96813-2831 Dear Mr. Kondo: RE: Mediation-type interaction by Council Members Our Entry No.: WRK 05-10934 The enclosed articles from the Hawaii Tribune-Herald and West Hawaii Today detail an open debate among Hawaii County Council Members concerning their reorganization of Council committee chairpersonship. At the close of this contentious debate at the Council meeting on October 18, 2005, many Council members expressed a desire to work out their differences with one another. They contemplate private meetings where no board business would be discussed, but discussion on "personality issues" which may presently impair their ability to work harmoniously with one another. It was not clear whether they wished (or even thought through whether) there would be a group meeting with all nine Council members present, one-on- one meetings, or smaller group discussions. The Council members were very sensitive to Sunshine Law prohibitions, and sought the counsel of our office on this contemplated endeavor. They further asked whether I would serve as a "mediator" for these sessions, in order to ensure compliance with the Sunshine Law. During a brief recess of the Council meeting, I telephonically contacted you. Without the benefit of time to fully analyze this request, and without the benefit of all salient facts (we do appreciate your willingness to advise us, despite the limited notice), you informally indicated that discussions strictly limited to non- board business would fall outside the purview of the Sunshine Law. You further remarked that it may be wise to discuss only those incidences of personality Hawaii County is an Equal Opportunity Employer and Provider _ ~ ~ A Honorable Leslie H. Kondo October 28, 2005 Page 2 conflict related to board business which are in the distant past, so there is no possibility that the Council will be called upon in the future to formally act upon these items. Prior to our office advising the Council whether these informal mediation sessions are permissible, we seek your opinion on whether you believe, based upon the restrictions stated above, that such interaction would not be proscribed by Chapter 92, Hawaii Revised Statutes, as amended. We are not seeking a formal written opinion from your office. Under the circumstances, a verbal advisory would suffice. We thank you in advance for your kind attention to this matter, and for your continued willingness to assist our County. Please contact me if further information concerning this matter is required. Very truly yours, Vfl1? r- LINCOLN S. T. ASHIDA Corporation Counsel Encls. S: Departments/Council/LSA Misc.lLetter to OIP 10-24-05/LSAmr Printer Friendly Page 1 of 2 Tribune ~-Herald I Print Page Council elashes over personalities ~ _ ~ _ ,.5 ~n[o a~wnai attieris by Jason Armstrong Tribune-Herald Staff Writer Ongoing personality clashes between certain County Council members erupted Tuesday as lawmakers debated a reorganization that would strip four members of their leadership roles. No reorganization occurred, however, as members decided to try to work out their differences with the current committee assignments. "It's been a very rough day for all of us," South Kona Councilwoman Virginia Isbell said toward the end of the heated debate, which included several personnel attacks. "We've knocked each other around the council chambers all day long," said Kohala Councilman Pe[e Hoffmann. The council reorganized fallowing last year's elections and shuffled leadership again in April, resulting in hard feelings by ousted members. Then on Oct. 5, councilors approved creating a task force to examine the "leadership, scope, responsibilities and efficiency" of the council's six committees. The four-member task force a larger panel would violate Hawaii s open meetings law presented its recommendations at Tuesday's meeting. Those recommendations included removing Hoffmann and North Kona Councilman Angel Pilago as co-chairmen of the council's Planning Committee. Puna Councilman Gary Safarik, the former council chairman, would no longer run the Public Safety and Parks and Recreation Committee, while Ka'u Councilman Bob Jacobson would be stripped of his position as chairman of the Environmental Management Committee. The committee chairs would go to the four task force members: Isbell, Hamakua Councilman Fred Holschuh, Hilo Councilman James Arakaki and Hilo Councilman Donald Ikeda. "How ironic that these four people are now the (recommended) chairs of these four committees," Safarik said. The task force's recommendation, which was to be considered at the council's Nov. 9 meeting, was filed in other words, no changes. Council Chairman Stacy Higa of Hilo said the public critique was necessary to comply with the Sunshine Law, noting the Honolulu County Council is being sued for an alleged violation caused by forwarding one member's comments to another member. I don't like airing dirty laundry. I really don't, but sometimes our hands are tied," Higa said. Isbell threw [he first jab by attacking Jacobson, who also represents upper Puna and part of South Kona. "You were [he real problem with the whale thing," Isbell said to her neighboring colleague. Isbell accused Jacobson of having "bullied and badgered some people" such as police and county attorneys who have appeared before his committee. . Printer Friendly Page 2 of 2 Jacobson, who two weeks ago told the Tribune-Herald that he feared the task force was created to oust him, disputed Isbell's claim. Ikeda accused Safarik and Jacobson of being inefficient leaders because each held meetings when, according to Ikeda, there was no meaningful legislation to discuss. Holschuh then complained that Safarik and Jacobson, briefly the council chairman and vice chairman, respectively, were arrogant and hurled "barbs" at the members who replaced them. They displayed an "arrogance, swashbuckling, push people around kind of thing," Holschuh said. "I can't think of a specific example," he added when challenged. Holschuh said Hoffmann "bashed" him at public meetings on solid waste issues, and that Pilago was wrong to say he was ashamed of his Council colleagues. "This is a very uncomfortable thing for all of us," Holschuh said after making the attacks. After airing their criticisms, members agreed to work with each other under the current format and committee assignments. "We'll see what happens," Higa told reporters following the meeting. Higa added that while he's unaware of any measure seeking to alter the number of committees or the makeup of those committees, he might propose changes if the infighting continues. Jason Armstrong can be reached at ~~~~.n:r nn r.~:;:nunc~~n~~-rcr .id.co~~n. All rights reserved. Copyright p 2005 Hawaii Tribune Herald. Content on this site may not be archived, retransmitted, saved in a database, or used for any commercial purpose without the express written permission of Hawaii Tribune Herald. Printer Friendly Page 1 of 2 West Hawaii Today ~R ~ Print Page News from ,he Big island Council clashes over personalities medianor. recrea[ ten[atrvely planned by Tiffany Edwards West Hawaii Today tedwards@westhawaiitoday. com HILO Personality clashes between Hawaii County Council members apparently led to a pitch for reorganization of committee leadership that was ultimately dropped Tuesday in favor of mediation. The nine council members plan to meet privately, possibly in a retreat setting with Corporation Counsel Lincoln Ashida present to ensure that they don't violate the Sunshine Law - to discuss their clashes. Council members initiated the discussion on their personality differences when taking up recommendations from a task force comprised of James Arakaki, Fred Holschuh, Donald Ikeda and Virginia Isbell. Arakaki, Holschuh, Ikeda and Isbell who spent the last couple of weeks assessing "the leadership, scope, responsibilities, and efficiency of the council committees" recommended Pete Hoffmann, Bob Jacobson, Angel Pilago and Gary Safarik be removed as committee chairmen. Hoffmann and Pilago co-chair the Planning Committee, Jacobson chairs the Environmental Management Committee and Safarik chairs the Public Safety and Parks and Recreation committee. Arakaki, Holschuh, Ikeda and Isbell recommended a reorganization so that Holschuh chaired planning; Ikeda chaired a combined Public Works, Parks and Recreation, and Environmental Management Committee; Isbell chair Finance; and Arakaki chair a combined Public Safety, Research and Economic Development and Intergovernmental Affairs Committee. Before council members' discussion among themselves, 13 West Hawaii residents testified via video teleconferencing from Kona, with many of them calling for a public hearing and attacking Isbell in particular. Janice Palma-Glennie called the South Kona councilwoman "a traitor" and Matt Binder told her, "You are the victim of the oldest trick in the book, divide and conquer." Binder noted at the onset of the council term Isbell was aligned with her fellow West Hawaii representatives. Isbell said she has never stopped working for West Hawaii, she was "disappointed to hear all the attacks" and encouraged those testifying to look at the whole picture because the recommendations from the task force were merely a "wake up call" for Hoffmann, Jacobson, Pilago and Safarik to be better committee chairmen. Later during council members' discussion, it became evident that the move to strip the councilmen of the chairmanships was a result of personality clashes. Holschuh was the only council member on the task force to detail his grievances. He told of Safarik's "arrogance and cocksuredness" and similar "arrogance and swashbuckling" exuded by Jacobson. Holschuh also recounted a public meeting in Waimea where Hoffmann "bashed him." To Pilago, Holschuh said he realizes he is "passionate as hell about Hawaiian issues" but he didn't appreciate Pilago's "tirades" accusing council members of "morphing." "I don't think we should be stripped from our committee chairmanships because we say 'morph,'" Pilago later said. "We all morph, apparently some have morphed to having personal vendettas and being thin skinned " Ashida called state Office of Information Practices head Leslie Kondo on his cellular phone during the meeting and learned that council members could meet privately for a mediation session as long as they do not discuss board business. Printer Friendly Page 2 of 2 Copyright m West Hawaii Today, 1997 - 2004 Stephens Media Group Privacy Statement Close Window [xJ ~~---.--.-•......ti.,..,,,:r,,,~a~~nm/articles/2005/10/19llocal/Ioca104.prt 10/19/2005