HomeMy WebLinkAboutCOM 0452.013 2004-2006 Page 1 of 2
Hugh Clark <hughjclark~jrahoo.com> wrote:
Date: Wed, 9 Nov 2005 08:44:22 -0800 (PST) ~ ~ ~ ~ ~
From: Hugh Clark <hughjclark@yahoo.com>
Subject: Council testimony draft
To: Hugh Clark <hughjclark~yahoo.com>
I appear today as a senior member of the Big Island Press Club that has advocated openness in
county governmennbt since before voters adopted County Charter in 1968, I speak on behalf of
its board of directors.
Possibly the biggest of many media issues at that time stemmed from frustration among
newspaper and radio folks being closed out of meetings and decision-making. As one of several
co-founders of the club, I he{ped promote the provision known as 13-20 (b) that speaks clearly
about the issues that concern us most.
It was not easy. The charter commission simply rejected us on our first visiit. Finally, Fred
Koehnen, the chairman who still is active in civil affairs, and the late Yasuki Arakaki looks us
seriously, adopted pretty much what we proposed and added language on the then thriving
ethnic media that has largely ceeased to exist.
After passage, we fought in the courts resulting in the prominent "Right To Know" decision that
former Judge Nelson Doi ruled on in a dispute over the board of ethics in 1969.
We further resisted the 1970 decision to fire former police chief Ernest Fergerstrom in a barroom
meeting of the police commission and won another court decision that was challenged but
stands today.
Over time, we have been litigators and advocates of openness and access. I once was able to
reverse a deputy corporation counsel's advice to close a planning commission meeting by
reciting the charter. The Isla Tom Krueger agreed to keep it open.
We currently are among the plaintiffs in a key case against the Honolulu City Council for illegal
decision making.
And why, you may ask, should we care if you go into the back room and reach a conclusion
without us hearing the debate? First, we in the media have an implicit responsibility to inform the
public. We cannot do that without access. Someone long before I was around called us the
Fourth Estate or an informal branch of government.
As many of us told the former council chair Robert Yamada we are not seeking to tell you how
to decide any issue. We just demand it be done in sunshine.
The press club was formed against a background of commissions, such as civil service,
adjourning from its meeting ske to a bar -right down the street now known as (fill in name).
Charter member Walt Southward was forced to draft his own complaint and pay for filing the
complaint out of his own pocket in Helen Hale's era as county chair of 19634. He won,
obtaining the minutes that affirmed his complaint.
Citations abound. Our relatively ceaseless job as a watch dog should be evident, Sometimes I
think the issue is lost among newcomer politicians who do not realize the importance of doing
business publicly. We may have been negligent in reeducating you and others in recent yyears. S 2. ( 3
Lomm. No.
I take no stand on the divisions within this council or who was right, or wrong, in the last I>~, IToPft,~
urge each of you to look to the charter, simply read it, and consider this document you haKgt i`.Cte 4 9{1(15
http://us.f542.mail.yahoo.corn/ymiCompose?box=lnbox&Mid=8429_1 ]009813 152873.1... 11/9/2005
Page 2 of 2
sworn to uphold. Your own corporation counsel knows best our resolute behavior on the
questions from newly established entities to ongoing police, civil service and several other
longstanding commision.
Openness is a challenge to those seeking a quick outcome but the public's confidence is
enhanced when your voters and our readers known how decisions were reached, even when
they disagree with it.
Some wag once said democracy is a lousy way to operate a government but no one has come
up with a better system. 1 would say the same for openness. I urge you to consider carefully
today's vote on (get reference number) and to tell your colleagues on Kauai and Oahu they
are simply worng. Maui has done so alrea y ~ Z ~
I am available to respond to any questions from you.
Aloha, Hugh POB 1956 Hifo Ht 96721-09561308-935-4322 hm
Ya_two! ~Qre~ha~. search mylt~le~vel.$ites in one.
lr~k.
http:Jlus. f542. mail.yahoo.comJymlCompose?box=Inbox&Mid=8429. _11009813__152873_1... l 119!2005