HomeMy WebLinkAboutCOM 0446.001 2010-2012Mark McNett's Hilo City Blog
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Mark McNett's Hilo Cit, Moo
March 6, 2010
Platform I lanks
Filed under: markmcnett @ 4:57 am
• Promote community gardens, with security — centrally located in each neighborhood
• Payment in lieu of taxes (pilot), underground economy contribution to tax base for
consideration
Police stops without chase or collision will guarantee release from custody trial
>.•
Mandatory unannounced drug- testing of all elected officials
• Curbing undue influence by illegal, outlaw, unregistered lobbyists
Mark .McNett
Filed under: ; ne
Honolulu Advertiser
i markmcnett @ 3:52 am
December 21, 2002
Candidate in Jan. 4 congressional election
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Comm. No. 4144 • /
Ref. To: pi Cr gC.
Ref. Date NOV 1 ZOIT
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http : / /markmcnett.wordpress.com / 10/26/2011
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13
T rsday, October
PORTS
Waiakea is hoping
third time's the charm
Page D1
NATION
Lions, tigers, bear
freed, then killed
Page A3
Wall Street protest ,I,Mem,
becomes tourist spot D a
Page B1
Council may face drug tests GI
Officials should receive same scrutiny
other county workers get, Yagong says
By NANCY COOK LAUER
Stephens Media
Hawaii County Council Chair-
man Dominic Yagong is proposing
a Charter amendment requiring
that council members, the mayor
and the prosecuting attorney pass
annual drug tests or face removal
from office.
The amendment must he
approved by at least six County
Council members at three sepa-
rate votes before it goes on the
2012 ballot. If passed by voters, it
would go into effect immediately
for officials elected that year.
Yagong said tie's not aware of
drug use by the current County
Council, mayor or prosecuting
attorney. But he said it's only fair
elected officials he subject to drug
YAGONG
testing because the
county has a drug -
free policy and
many employees
in the county and
in the private sec-
tor are subject to
testing.
"I don't think
elected officials should be above
the people," Yagong said. "So
many people are subject to testing
in order to get o r keep their jobs.
Why should the elected official be
any different ?"
Yagong said it Would be "hyp-
ocritical" for county officials to
accept federal and state grants
for fighting drugs if they're drug
users themselves.
Hawaii County has had an alco-
hol-free workplace policy since
1995 and a drug -free workplace
policy since 1993, said Sharon
See DRUG TESTS Page A6
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DRUG TESTS From front page
Toriano, deputy director of
the Department of Human
Resources. Violations are
treated as issues of miscon-
duct, subject to penalties
up to and including termi-
nation. In addition. drug
screening is conducted for
certain classes of work and
classes of employees, based
on federal law and collec-
tive bargaining agreements,
she said.
Mayor Billy Kenoi told
Stephens Media on Wednes-
day that he hadn't seen the
bill, but he isn't opposed
to the concept. Because the
bill requires six votes to
pass, it's likely any poten-
tial veto would be overrid-
den anyway.
"I wish the councilman
luck," Kenoi said. "He won't
get any objection from me
to put it on the ballot and
leave it up to the voters:
The county Char-
ter already provides for
impeachment or removal
from office for "malfea-
sance, misfeasance, nonfea-
sance or maladministration."
The Circuit Court has the
power to remove officials
for cause upon a petition by
CODEFrom front page
stringent than the state's
code.. That issue surfaced
at earlier council meetings,
with Deputy Corporation
Counsel Kyle Chang advis-
ing council members that
they may not have less
stringent code.
"(Ohara's) answer was
yes;' Yagong said. "The
way she interprets the code,
if the state were to build
a project in the County of
Hawaii, the state will tiotally
ignore any code less strin-
gent than its code. ft does
not apply to residential. It
applies to state projects and
state buildings."
Yagong's comments at
the West Hawaii Civic Cen-
ter came after about two
and a half hours of testi-
mony Wednesday moaning,
much of which focused on
the building code. Archi-
tects. including the Hawaii
Island chapter aaf the Ameri-
can Institute of Architects,
testified in favor of the code
adoption and penalties for
2 percent of the voters in
the county or in the County
Council district, depending
on the office.
The amendment would
i
require the HR drector
to administer a drug test
annually at random times of
year. with the cost borne by
the elected official.
If the test is positive, an
elected official is allowed
to request a second, split
urine test at a different lab
to verify the first. If that one
is also positive, the elected
official will be suspended
without pay for two consec-
compliance failures. More
than a dozen residents, pri-
marily from Hilo and Puna.
said the code was too strict
and would make building a
home cost - prohibitive.
Chang said he also spoke
with Ohara, but did not
change his recommendation
to the council.
"If challenged in court,
the ordinance may be
declared void and pre -empt-
ed by state law," he said.
Hilo Councilman Den-
nis Onishi suggested the
council request a written
opinion from Ohara. Other
council members agreed
and approved a postpone-
ment until the council's next
meeting, Nov. 2, to get that
opinion.
A bill, named Aliyah's
Law after 17- month -old Ali -
yah Braden, who was killed
in a motor vehicle collision
caused by a drunken driver,
passed its final reading.
It will allow police offi-
cers to impound a vehicle
driven by someone arrested
for drunken driving.
Police officers may also
seize the vehicle of someone
driving without a license,
with a suspended license
or while fraudulently using
license plates, safety check
stickers or vehicle registra-
tion. South Kohala Council-
woman Brenda Ford. who
introduced the bill, said
officers have discretion to
take the action and would
not impound the vehicle of
someone pulled over for a
traffic violation who also
failed to have their license
with them.
The council adopted the
two resolutions allowing the
Corporation Counsel's office
to proceed with the emi-
nent domain process for two
parcels along the planned
Laaloa Avenue extension.
Council members approved
skipping the standard five -
day waiting period between
when the measure is passed
and when the measure is
forwarded to the mayor's
office.
.. t-f- r. =root page
utive pay periods, assessed
by a drug treatment coun-
selor and enrolled in drug
education classes.
If a follow -up test taken
90 days later is also posi-
tive, the official would be
removed from office.
Yagong said he had
attempted to pass a bill cov-
ering much the same terri-
tory in 2002, but he with-
drew it after being advised
it could be contrary to the
county Charter.
Email Nancy Cook Lauer at
ncook - later@ westliawaiitoday.
Coln.
Deputy Corporation
Counsel Katherine Carson
said the eminent domain
process could take about
90 days. if a judge grants
an immediate order of pos-
session. Council members
adopted. with a 6 -2 vote, a
resolution asking the state
Legislature to establish a
vote -by -mail pilot program.
Onishi and Hilo Council-
man J Yoshimoto opposed
the resolution.
Onishi was the sole dis-
senter during the tinal read-
ing of a proposed Charter
amendment to set the amount
of property tax revenues put
aside for public access and
open space purchases at 2
percent.
"The voters have con-
sistently said this is what
they want," said Ford, who
introduced the measure. "It
is necessary to put this in
the charter (so) it cannot be
defunded by the administra-
tion"