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HomeMy WebLinkAboutCOM 0032.104 2006-2008 ' Murashige, Laura From: David Paulson [paulson@bsds.com] Sent: Friday, October 12, 2007 4:26 PM To: councittestimony@co.hawaii.hi.us Subject: Ho'omalu Hawaii's Testimony re Bill No. 167 - . ~ -i Attachments: 2007-10-12 Hawaii County Council Testimony.pdf 2007-10-12 Hawaii County Counc... Attached is Ho'omalu Hawaii's testimony to the Hawaii County Council regarding Bi11 No. 167 (Draft 2) or, in the alternative, Bill No. 167. This testimony is being submitted for the Council Meeting scheduled to be held on October 17, 2007. Please note that we also submitted this testimony by facsimile. Regards, David A. Paulson, Esq. Bickerton Lee Dang & Sullivan Topa Financial Center, Fort Street Tower 745 Fort Street, Suite 801 Honolulu, HI 96813 808.599.3811x512 808.533.2467 (fax) This electronic message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and protected by law, including the attorney-client privilege and/or the attorney work product privilege. If you are not the intended recipient of this a-mail, you are cautioned that use of its contents in any way is prohibited and may be unlawful. If you have received this communication in error, please notify the sender immediately by a-mail or telephone and return the original message by a-mail to the sender or to postmaster~bsds.com. Thank you. Comm. No.? 2 • 1 Ref. To: hrat`s~h 1AN~i. Ref. Date 1 BICKERTON • LEE ¦ DANG SULL[VAN A LIMITED LIAHI LITV LAW PA 0.TNE0.5N IP October 12, 2007 ~a Facsimile (80&961-8912) and E Mail (eouneiltestimony@cahawaiihLus) TO: Members of the Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 P.E: Ho`omalu Hawaii's Testimony Regarding Bill No. 167 (Draft 2) or, in the Alternative, Bill No. 167 fot an Ordinance to Amend Chapter 25, Zoning Code, Hawaii County Code 1983 (2005 Edition, as Amended), Relating to Retail Establishments DATE OF MEETING: October 17, 2007 TIME OF MEETING: 1:00 F.M. Dear Members of the Hawaii County Council: This testimony is jointly submitted by lames J. Bickerton, Esq. and David A. Paulson, Esq.. Mr. Bickerton is a partrler and Mr. Paulson is an associate with the law firm of Bickerton Lee Dang & Sullivan (`BLDS'. BLDS is legal counsel to Ho`omalu Hawaii, a sffitewide grassroots coalition that opposes the development of superstores in Hawaii. Ho`omalu Hawaii has members who reside on all the major Hawaiian Islands, including members who reside in the County of Hawaii. We are submitting this testimony on behalf of Ho`omalu Hawati. On June 28, 2007, BLDS submitted testimony on behalf of Ho`omalu Hawaii to the Hawaii County Planning Commission relating to what is known as Bill No. 167 and also what was known as Bill No. 165. Additionally, on September 17, 2007, and October 1, 2007, BLDS submitted testimony on behalf of Ho`omalu Hawaii to this Council relating to Bill No. 167. Ho`omalu Hawaii urges this Council to pass Bill No. 167, as originally drafted, for an ordinance to amend the Zoning Code to prohibit "superstores" in all zoning districts (the "Original Proposed Or~dmance"). As discussed in ow prior submitted testimony, the Original Proposed Ordinance has been carefully drafted to prevent the inhoduction of "superstores' in Hawaii County and to protect Hawau County residents liom the adverse impacts caused by "superstores." The Original Proposed Ordinance, like all ordinances passed by this CouncIl, extends to the entire County, including Hawaiian home lands to the extent permitted by the Hawaii Constitution and the Hawaii Revised Statutes ("HILS'~. As we have previously presented, we submit that the Original Proposed Ordinance will apply to Hawaiian homes lands because it is {a) a regulation of a commercial development only (as opposed to a regulation of any Native Hawaiian residential or agricultural activity), and (b) the regulation is a reasonable zoning ordinance that allows substantial economic development, just not "superstores." At its most recent meeting, the Council chose to amend the Original Proposed Ordinance to apply o~ to Hawaiian home lands {the "Amended Proposed Ordinsnce'~. Ho`omalu Hawaii submits that this Council should not restrict the application of the Original Proposed Ordinance Tnpa Financial Cen[er, For[ Strict Tower • T46 Fort Strett, Suite 801 • Honolulu, Hawa~ i 96813 Phone: 608.599.3811 Far 808.533.2467 Web: www.BSDS.com Ho`omalu Hawaii's Testimony Regarding Bill No. 167 (Draft 2) or, in the Alternative, Bill No. 167 October 12, 2007 Page 2 of 4 because doing so both (a) permits "superstore" development elsewhere on the Big Island and ~ thus is contrary to the intent of the Original Proposed Ordinance, and (b) may prompt a state and federal constitutional challenge tinder the `equal protection' clause that is fully unnecessary and will divert attention away from the issues. We respectfully submit that this Council need not concern itself with whether an ordinance it passes will be deemed to apply to Hawaiian home lands. As discussed in our prior testimony, we believe that the only proper legal conclusion is that reasonable zoning ordinances are in fact applicable to commercial developments on Hawaiian home lands. As was ultimately conceded by opponerrts of the Original Proposed Ordinance at the last meeting, the Hawaii Supreme Court has not yet been asked to rule on this specific issue. Thereforq passage of the Original Proposed Ordinance will, if the director of the Department of Hawaiian Home Lands ("DAHI.'~ chooses to challenge the ordinance, bring this issue directly before the Hawaii Supreme Court for final resolution. We submit that such an appeal will ultimately fail. Regardless, the Original Proposed Ordinance will be effective to the broadest extent possible: If the director of DHHL is successful, the Original Proposed Ordinance will apply to all County lands except HawarTan home lands. If the director of DHHL is rmsuccessfut, the Original Proposed Ordinance will apply to all County lands, i>mluding Hawaiian home lands. In this way, the ordinance will simply have the same territorial effect as every other Hawaii County zoning law that this Council has passed since the adoption of the Hawaiian Homes Cmmm+~oa Act (the law creating DHHL and establishing Hawaiian home lands) as part of the Hawaii Constitution in 1959. Accordingly, the Council should pass the Original Proposed Ordinance and seek the broed~t possible application of tlu ordin~ce, reserving to the Hawaii Supreme Court the ultimate question of whether or not this zoning ordinance or any other reasonable zoning ordinance applies to commercial developments on Hawaiian home lands. We also note that, while the only publicly proposed "superstore" is planned for Hawaiian home lands, any "superstore" that is developed in Hawaii County -not merely those "superstores" located on Hawaiian home lands -will adversely impact the community. Section 1 of the Original Proposed Ordinance recites the purpose and the adverse impacts that are sought to be avoided by this ordinance. Specifically, The purpose of this ordinance is to preserve and protect the quality of life, natural beauty, and rural character of ovr unique island community from adverse impacts caused by large "superstores" that were not envisioned or considered under current provisions of the Hawaii Cou~y Zoning Code. The establishment of limits on retail use -through the restriction on opcration, renovation, or expansion of retail establishments that may be or become a "superstore" - proteets Hawaii County residents from the type of adverse impacts, such as traffic congestion, overburdening of existing Infrastructure, deterioration of fragile ecosystems, and decimation of small businesses, that have bcen occurring on the mainland United States. See Original Proposed Ordinance § I (emphasis added). BICKERTON • LEE DANG • SULLIVAN ? au.,AO 4llIL~A IeM ,I lrM,lLN11 Toper Financial Center, Fort Street Tower • 745 Fort Street, Suite 80l • Honolulu, Hawaii 96B I3 Phone: 808.5993811 Fax' 888.533.2467 Web: www.BSDS.<om Ho`omalu Hawaii's Testimony Regarding Bill No. 167 {Draft 2) or, in the Alternative, Bill No. 167 October 12, 2007 Page 3 of 4 I Thus, the ills that have been carefully studied and identified will happen regardless of where the "superstore" is located - on Hawauan homes lands or other privately held lands. There has also been some question as to whether DHHL might somehow have a legal grievance based upon agreements it might have with Wal-Mart to develop a "superstore" in Hilo. We submit that this is not possible. First, DHHL has publicly represented that it has not signed any binding agreement with Wal-Mart for the site. Seco~, we assert that DHHL cannot legally engage in any commercial development with Wal-Mart without first completing the required environmental assessment, which it has not comgleted. See HRS § 343-5(a~l) (requiring an environmental assessment for actions that propose the use of state lands), see also K~`o v. Watson 87 Hawaii 91, 952 P.2d 379 (1998) (holding that HRS chapter 343 applies to Hawaiian home lands). To our knowledge, DHHL has not even commenced this grocess. Third, DHHL could not bring any claim for damages unless it has already complied with all county laws and obtained all discretionary t:ormty (and state) pemaits for the Hilo "superstore" -something neither DHHL nor Wal-Mart have done. To our knowledge, neither DHHL nor Wal-Mart have even applied for, let alone received, any such permits. Lastly, we believe we need to provide a factual response to the director of DHHL's recently launched strongly worded and divisive public relations campaign. Specifically, the duector and other agents of DHHL are stating publicly that any attempt to limit "superstores" on Hawauan home lands is an attack on the economic interests of Native Hawaiians. This is as irresponsible as it is untrue. First, Ho`omalu Hawaii has no interest in encouraging or discouraging responsible economic development anywhere in Hawaii. Ho`omalu Hawaii's sole concern is with the adverse community impacts of "superstores." Second, DHHL has never offered any proof that any proposed deal with Wal-Mart fora "superstore" on the Hilo sits is the best economic deal that it could strike or that it is in the best interests of the beneficiaries of DHHL. To the contrary, we submit that it is unusual if not unique that (1) DHHL failed to notify established Hilo and Big Island developers and adjoining landowners of its intent to offer to lease the Hilo site, (2) DHHL chose not to publish notice of its offer of the Hilo site is the Honolulu Advertiser, the Hawaii newspaper that has - by far -the largest paid circulation in Hawaii (more than twice the circulation of the newspapers DHHL chose to limit its published notice to), (3) in its notice, published only once each in the Friday December 1, 2(106 editions of the Honolulu Star-Bulletin and the Hawaii Tribtme-Herald, DHHL incorrectly identified the property by using a tax map key number that represents a small, adjacent parcel, not the large parcel that it offered to Wal- Mart, and (4) the only proposal DHHL did receive from nay develotesr was finm Wal-Mart. ( While the true facts of why DHHL conducted its solicitation process in such an tmusuat manner will only be known through litigation, we submit that the recent campaign by DHHL should not influence this Council's decision making. If it were to do so, we would respectfully urge the ' The Cotmcil may be imawaze 16at DI1FII.. is tinder scrutiny for other politically motivated lac-room deals that do no[ appear to be is the best interest of its bene5ciaries. See Jim Dooley, Xawoii fvm got E7.3 million in nonbid work, Honolulu Advtntisu, September 2, 2007 (attached hereto as Exhibit 1). BICKERTON • LEE • DANG ¦ SULLIVAN ~ ,mrtto rwum ur ummxv Tope Financial Center, Fort Street Tower • 745 Fort Street, Snitc 801 • Honolulu, Hawa~ i 96813 Pha.^._:?n_?~9?s!ti Fax: 898.533.2467 Web: www.HSOS.com Ho`omalu Hawaii's Testimony Regarding Bill No. 167 (Draft 2) or, in the Atteraalive, Bill No. 167 i October 12, 2007 Page 4 of 4 Council to keep an open mind until all of the facts of DHHL's planned statewide use of its commercial lands for "superstores" are made public. Until then, we submit that so that there aze sufficient facts in the public record to suggest that a "superstore" is not only bad for the Big ~ Island, the proposed `superstore" transaction may be uniquely bad for the beneficiaries of DHHL. For the reasons stated herein as well as the reasons asserted in our prior testimony, Ho`omalu Hawaii urges this council to pass the Original Proposed Ordinance, applicable to all zoning districts in the County. We look forward to presenting out testimony in person at the meeting and will be available to answer any questions that the Council may have. Thank you for your time and attention to this testimony. Very truly yours, James J. Bickerton, Esq. David A. Paulson, Esq. Enclosures BICKERTON • LEE • DANG • SULLIVAN w umrm ~unun rn.+xwxn Tope Financial C<nter, Fort Street Tower • 745 For[ 8tred. 8u1[e 801 • Honolulu, Hawaii 96819 Phone: 808.599.3811 Fax: 808.533.2467 Web: www.aSDS.com it Print version - O COPYRIGHT 2007 The Honolulu Advertiser -Hawaii's Newspaper , a division of (>brndt Co. Inc. I HonoluluAdverti~ei.com Posted on: Sunday, September 2, 2007 Hawaii firm got $7.3 million in nonbid work ~ StoryChat: Comment on this story By Jim Doolev Advertiser Staff Writer Five nonbid Department of Hawaiian Home Lands consultant contracts worth $7.3 million were awarded in 2003-04 to an ~ engineering firm by department employees with past ties to the company, possibly violating a state procurement law enacted by Gov. Linda Lingle's administration to combat cronyism. Community Planning and Engineering Inc. was awarded the contracts by a DHHL selection committee that included two new department employees recommended for their government jobs by Community Planning officials, according to records and interviews 4:ioseph fa. Pickard . The third member of the committee had previously worked for the ~ ' company. L_ i Based in part on experience gained undertJle first five contracts, the company later received six more nonbid DHHL jobs worth an t additional $7.6 million. I ;I The 50-year-old consulting firm is headed by Republican fundraiser { and contributor Joseph G. Pickard, who purchased it in 2003, at j. i which point the company began winning DHHL consultant contracts. Pickard, his family members and business interests have been donors Mrcah t(ane" f to Lingle's campaigns and the Hawaii Republican Party, giving i more than $70,000 to the GOP and the campaigns of Lingle and Lt. ~ " Gov. James "Duke" Aiona since 1998, according to records of the state Campaign Spending Commission and the Federal Erection Commission. http:Jrthe.honduYuadverti~i.oomlartldrJ2oD7/SepJ071Wf~ra670902i1368.hbtdl7P~-~ (1 cf n [iWlzlZ007 1z:36:1a DpR] Fachibit 1 i Print version - ®ODPYItIGFfT 2007 The Horgkilu Advertixr - Haxrai's Newspaper , a division d Gannett C.o. Inc. II r._._._..._-_._.._._____.....__ The company received no DHHL contracts and very little work from ~ other state agencies from 1993 to 2003, according to a statement of qualifications the firm filed with DHHL. The contract awards coincided with the Lingle administration's launch of an ambitious and expensive program to develop thousands of new homes for Native Hawaiians. IThe 1Saupea~subdtvisitur in Kapolei is partot the jargest residential DHI-lI, director Micah Kane, past chairman of the Hawaii development in Department of i Republican Party, defended the contract awards, saying the company ~ Hawaiian Horne lands h1story. Some families atready.haye moved in[o was well qualified for the jobs and has performed excellent work for ~ completed homes. the department, much of it under the supervision of 13ernard Kea, a respected part-Hawauan engineer who sold the compa~ to Pickard ~ P,hotos by ANRREW SHIMASUxu ~ j but stayed on with the firm in a part-time status. i The Honolulu advertiser Pickazd's political support of the GOP had nothing to do with the ~ - - - - contract awards, Kane said. i : ~ i~ :;x-. Lingle spokesman Russell Pang said the governor has no involvement in consultant selections. The procurement process is designed to be, and ultimately is, open and transparent. All departments follow the proper procurement procedures," the written statement from the governor's office said. ~ Construc#liri continuesat fCaupe'a: ~ in October2003 the,gHHLawarded e $984,1100.consutting:eontract to Pickard said the contracts were awarded because Community ~ Cammixiity Rlarrning aril Planning is "the best subdivision engineering company in the state." Engiri?ei1iSB 1!ic: tp; plan and engineer the housing: project. The company's expertise and efficiency will save DHHL "tens of i . millions of dollars in wnstruction costs," Piokard said. But the first five DHHL jobs given to Community Pla~ung may have violated a section of state procurement law, enacted by the Lingle administration in July 2003, that members of consultant selection committees must be "impartial and independent," according to Aaron Fujioka, head of the state Procurement Office. Committee members Larry Sumida and Joseph Blevins had begun work at DHHL just weeks before the first contract award and among those who recommended them for employment were Kea and Pickazd, according to records and interviews. The third committee httP://the.Ftw~hsdvert~ercaryatlde/20p7/Sep/p2/In/IrawaiD0902fri56.MmU?prfit--on (2 d 7) ISO/12/200712:36:14 PMl Print version - p COPIRIGHT 2007 The Hondulu Advertiser - HawaPs Newspaper , a division of Gannett Co. Irrc. member, William Makanui III, worked for Community Planning - from 1984 to 1996. ' ' O AH.U rI~ , Given a description of the backgrounds of the three selection a~deuil " , committee members, Chief Procurement Officer Fujioka said the YttAKntae_o ,~,~~fLtru vIr- impartiality of the committee "may be questionable." ~ nv~~ f ~ " . 9 EARLY SELECTION ~'d Sumida, now head of the DffiiL land development division, had been working at the department a week when the selection ~nton~os`d committee for the DIIIiL consultal contracts was formed. ? Safato~a Avenue ~;.p a~/s Sumida's sole job reference when he was hired by DIIIiL on Oct. 16, records. A week later~on Oct. 7A, 2003, Sumida was on thartrnent t HonWalu Adved~ser ~ committee that selected Community Planning as'best qualified" for DHHL~~QRIIGIFI$ :KEY its first nonbid DIIIiL consulting contract, a $984,000 job to plan I AND NONBID and engineer the Kaupe'a housing development in Kapolei, ~ CaIySUL7`Ahl'f ; department records demonstrate. Another selection of Community ; . Planning fora $250,000 contract followed five days later. i CONiRACI'S Sumida is a real estate broker by trade who was hired by DHHI, as a 'r 1920 Passage of the. . noncivil service "real estate development specialist" and had no prior Hawanan. Homes. experience in government service or familiazity with state j Gomml55bn Act, .with procurement laws. 190,000 acres of land to be ',made available to ~.indtvidualsbfataeast 50 Reached at home by telephone, Sumida referred questions about consultant selections to Kane and Lloyd Yonenaka, public percent Hdt+vanan' ancestry.. information officer for DHHI.. }P~ro~.9rati'?Ta~dmtnistered .by ,the 11.S:,Intenor Kane called Sumida "a brilliant man" who should get credit "for the ' Qepartment: ' lion's share of our success at the department right now " i 1.9b9: Sta>3ettood, creation ; The department declined to allow Sumida to be interviewed about ~ of the state Departrrtent Of the contract awards. "Employees have specific duties and media 1 Nawauan.. ,Home lands. " ,Agency assumes interviews are not part of those duties, Yonenaka said. Interviews r nsibif of , could cause "workplace dismption,° he said. ~ ' - ~ admtnistenng program,. i tinder ttre oversight of-the Kane was asked if Sumida's service on the selection committee so ~ Intenpr. Department. soon after Kea recommended him for the DIII3L job met the , "impartial and independent" requirement of the procurement law: "I ~ ' X1980 U,5 Gvil_ Rights htlp://tire.honoluluadvertisermrn/arti<kJ20Q7/!k:q/(n/MRravaV109020358.1~riJIPrM--an (3 d ~1 t10/1?J~007 (2:36:14 PNII i Print versbn - ®COPYRTRIT 2007 The Haidulu Advertiser - HawaiPS Newspaper , a divlsbn of Gannett Go. Inc. think he was hired based on his qualifications and whether (the ` Commission reports Only 13 committee appointment) is a wok or one year later, I don't think it pereerit of land made matters," be replied. ;available to Hawaiians; li'4 ;percent of Hawaiian Home Blevins, the second member of the selection committee, served as ~ Cands properly used by DHHL land management division chief from September 2003 to I State government or private July 2005. He told The Advertiser that Pickard recruited him for the ~ enterprises. Mt)re tfian DHHL job in mid-2003. i 6,000 Hawaiians on waiting ~ st for,land. I "He called me on Kauai and said the job was available," Blevins ~ said of Pickard. "I never even put in an application. I flew over, had 119820 Interior Department an interview with Micah and I was hired." i audit;reports waidng:list of 7,OQQ appligrtfs.'State Pickazd said, "I don't believe I ever called Joe Blevins about that job. ~ funding; Of Hawaiian, Homes I've got to talk to Joe Blevins and fmd out if that's the case, but I ;program .Criticized aS "insi nifieant:" don't believe so." j 9.- . Blevins is an electrician and construction manager from Kauai who i.1983C Native Hawaiian holds a master's degree in engineering management ~ Study Commission reports 'state "failed miserably" in An active Lingle campaigner in the 1998 and 2002 gubernatorial j,resmring land to Hawaiians. ~ Federal-Siabe Task Force on ~ elections, Blevins was named to the DHHL post by Kane on Sept. I i 15, 2003, five weeks before the selection committee awarded ; Hawal~an#iorries. j Community Planning its fast contract. Commrssron ACt gtes ;numerous violations of the No job application or resume for Blevins could be located in DHHL act, recommends increased personnel files, according to department spokesman Yonenaka. funding and ai:celerated distrlbtltion of land to Asked if Pickard recommended Blevins for the job, Kane said, "He Hawallanson ttie waiting may have provided a recommendation, I don't recall, but it would `lr~' have no bearing (on the employment decision). Absolutely not If he's not qualified, cannot perform, he's not going to be, he would not ..1986-87: 2; 500 be hired." j unlmproyed lots, distributed !statewide,; . Blevins held the DHHL job until June 30, 2005, when he resigned to - return to the private sector. i 19$7: Accelerated- distribution. program The third member of the selection committees, Makanui, is a civil ~ attracts new qualified. applicants for lartd. Waiting engineer who worked at Community Planning from 1984 to 1996 ~ . when he moved to a job in the DHHL land development division. ~ hSt grows to 12;000 names. . A request to interview Makanui about the consultant selections also j 1995 State Betties legal http://tlie.hwuiuNedvertis~.condartlcle/ZOQ7/Sep?02M/hawm@7090203358.F~J7prhRwn t4 of ~ IlOJ12J71107 1236:14 PMl Prln[ versbn - ®COPYRIGHT 2007 The Hondulu Advertiser - HawaU's Newspaper , a dWisbn of Gannett Co. Inc. was denied. daims Over misuse of Hawaiian Home Lands Lingle spokesman Pang said Sumida and Blevins "were ;properties; agrees to pay recommended for their current positions by many individuals in the DHHL:COmpensatiOn'Of $30 community." Makanui hadn't worked for Commlmity Planning for I million per year for 20 seven years when be served on the DHHI, selection committees, ~ years; `£jght years remain Pang pointed out. ~ on-agreement. - "I do not believe Mr. Makanui's past employment, seven years ago, i 2003:•Gov. Linda. L'Ingle alone prevents him from serving appropriately on a selection ;takes office, Installs Micah committee with (Community Planning) as a bidder," Pang said. i Kane at DHHL, announces f plags to;deuelop. and .lease MESSING LETTERS ;-6;000 neW residences to i Mawaiian5: e Files for the first five Community Planning contracts contain no i ° ; letters of appointment from Kane naming Sumida, Blevins and ~ July 1, 2003: Nevv Makanui to the selection committees, although such appointment ,:prOtalcerrent Iaw lakes letters aze customarily included in government contract files. effect, requiring members rof Consultanf selection Also missing from the five files are score sheets routinely filled out ~mmittees be"'Impartial by selection committee members who must evaluate prospective ,:and independent:" consultants on such criteria as experience, past performance on similaz projects and ability to accomglish the requited work in a ; SePtambe~ 2003:.DHHL timely manner. Each file does contain a summary of the committees' ~ hires Joseph Blevins of decisions that Community Planning was best qualified for each job. I KdUdY s15 land management t division administrator. ~Acoordirxj to Blevins, Kane said the department "followed the practices in place at the Joseph Rickard of time" he took office but has "since improved our procurement ~ practices." ! Gorrimunity Planning recruited $levins for the Blevins said he never filled out score sheets. ~ DHHL job: ; , . k Oct 1,6 2003: Larry . "We were new. We didn't know how h was supposed to be done,' i Blevins said. Sumida hired as RHHL real. estate development "We didn't have a procurement policy as far as I knew. When I ~ 5pegali5t Recommended found out we were doing it wrong, I brought in a procurement ~ for the job by Beniard Kea specialist and we established a policy." ~Of Community. Planning. Blevins said he remembers discussing the first contract awarded to ;Oct. 24 2003:. DHHL selection committee Community Planning with Sumida and believes the company was ~ merrtbers Sumida, Blevins qualified to receive the job. ' Mtp://the.tandugmdvertlsernom/crude/zoos/seWoz/wylerran~o9oZO35e.tro~print=on is a ~ tio/1z/zoo~ rz3s:ia rri) i Print version - O COPYRIGHT 2007 The Haroluiu Advertlser - HawaO's Newspaper , a division of Gannett Co. Inc. °and former Community. He remembers no other meetings of the committees that picked .Planning employee Wiliam Community Planning for four more contracts in 2003-04. ~ MaIC~nUI III Select Community Planning as He said he recalls signing reports, prepared by Sumida, which found "best qualified" Company. for Community Planning best qualified for the jobs. ,$984,000. DHNL Consulttjnt E tbrltract. , He said he "just signed them and sent them along to Micah." ~ ~ -Oct 29; 2003-Nov. 17, Kane said he believes the consultant contract awards have been ; 2004: Sumlda/Blevins/ made impartially and independently. ; MakanUl .selection ,'committees pick Community "If we felt that it was not impartial U1en we wouldn't have acted on Rlannrng for four more it," he said. "I'm very comfortable with our procedures and what we ~ nonbid consultant contracts. go through to select consultants." ~ Dec 22, 2004-7une 18, When the governor signed the new law requiring that selection E 2007: Community.Planning committee members be impartial and independent, she said it was tI awarded: six more.: nonbid I needed to "put to rest the appearance of impropriety in nonbid ~ COnsultatit wntraets.. ' - . contracts." jRELATE[? NEWS FROM Fujioka's office sent a directive about the requirements of the new i THE WEB law to all department heads, including Kane, on June 16, 2003. The statute was part of a purchasing reform package that the governor j L.ateSt headlines 4Y topic: ~ said would end cronyism in consuhant contract awazds. ! "The term nonbid contract will become irrelevant," Lingle said in ~ PubIIC Relations signing the measure into law. ~ ~ Weather - Hurricane ~ckv This was a thane endorsed by Pickard in his efforts to raise money ! + Flrlanciel Savlces for the Lingle campaign. ;cowered by Topix.riet For instance, in May 2004 Pickard served as chairman of a golf t - - - - - tournament fimdraiser for the GOP, soliciting "major sponsors" to donate anywhere from $500 to $5,000 apiece. "We have made progress by reforming the state's procurement system (and) bringing fiscal discipline in the way government spends taxpayer's hard-earned money," Pickard said in the solicitation. When Pickazd wrote that, Kane had awarded Pickard's company three nonbid contracts worth $3.46 million and was about to award another worth $1.25 million. http://the.honoluluadverUsErcom/artlde/2007/Sep/O2JIn/IrawaR70902035a.larnlRPriM=on (6 of ~ [10/12/2007 12:36:14 PM] i Print versbn - ®COPYRIpir 2007 The Hondulu Advertiser - FlawaiPs Newsyaper , a divis(on of Gannett Co. Inc. I, Pickard and his businesses also have made political donations to Democratic politicians, including Mayor Mufi Hannemann. Gifts to the Hannemann campaign total some $7,000 since 2001. After Hannemann won the 2004 election, Pickard served as a member of the mayor's transition team. More recently, the selection of Community Planning as an $860,000 subconsultant on the city's mass- transit project sparked a state court lawsuit and demands for a federal investigation of the selection process. The suit was filed by Communications Pacific Inc., a public relations firm headed by University of Hawaii regent Kitty Lagareta, a longtime friend and political backer of Lingle. Lagareta alleged that the last-minute selection of Community Planning violated state procurement law. The lawsuit was dismissed last year by a state circuit judge. That. decision is now under appeal to the state Supreme Cotut. Reach Jim Dooley at~dooley(a~honoluluadvertiser.com. Back ® COPYRIGHT 2007 The Honolulu Advertiser, a division of Gannett Co. Inc. All materials contained on this site are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of The Honolulu Advertiser. You may not alter or remove any trademark, copyright or other notice from copies of the content. http:/![he.honoluluadvertlser.com(artlcle/2007/SeQ/02/In/hawaiD09020358.htmlJ?priM=on (7 of 7) [10112/2007 12:36:14 PM]