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HomeMy WebLinkAbout2018-02-26 Letter to Sylvia Luke and ty J.K. Cullen re HB 1999, HD 2 Relating to Training courses on Native Hawaiian and Hawaiian RightsHarry Kim Mayor unfg. ffirr of Wil Okabe itJanaging Director Barbara J. .Kossow Deputy Managing Director 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg 0 • Kailua-Kona, Hawaii 96740 (808) 323-4444 • Fax (808) 323-4440 February 26, 2018 Representative Sylvia Luke, Chair Committee on Finance Hawaii State Capitol, Room 308 Honolulu, HI 96813 Representative Ty J.K. Cullen, Vice -Chair Committee on Finance Hawari State Capitol, Room 308 Honolulu, HI 96813 Dear Chair Luke, Vice -Chair Cullen and Cornmittee Members: HB 1999, HD 2 Relating to Training Courses on Native Hawaiian and awaiian Rights Hearing ate: 02/28/18 — 12:00 pm; House Conference Room 308 1 am often reluctant to endorse any mandate, especially an unfunded mandate that will impact county governments. However, there are few things as important as fostering a better understanding of Hawaii's First Nation, and 1 have heard great things about the OFIA training course® Therefore, 1 support the concept behind HB 1999, HD 2. However, !think there needs to be more detail. For example, what is the time commitment that each participant must make? It would seem that if training is mandated, there should also be a mandate that the course be no more than a certain number of hours and no more than a day or half-day. I would also ask that provision be made to offer the courses on the neighbor islands so that travel will not become a barrier to participation. It seems to me that at least twice a year on each island would be the minimum necessary. Third, it is not clear what happens if a "mandate" is violated. Suppose a duly elected County Council member fails to take the training for some reason; what is the consequence? Or if a Planning Commissioner, all of whom are volunteers, fails to attend, is he or she automatically dismissed from the Commission? That could have the unintended consequence of making it more difficult to find good citizens to serve, and it is sometimes difficult to find good people even now. County of Hawaii is an Equal Opportunity Provider and Employer. February 26, 2018 Page 2 1 realize that this ma date is already on the books for a number of officials, and there is no statutory consequence specified for failing to participate. However, 1 would suggest that, for instance, a controversial ruling by a Planning Commission could be challenged on the basis that one or more Commissioners should have been disqualified from serving because of failure to attend the mandatory training course. Finally, 1 found the testimony in the Labor Committee dated February 13 from Maui Council Chair Mike White important and persuasive. 1 hope you will address the specific concerns he raises. Maybe it would be better to begin by offering the courses to the targeted officials, rather than requiring participafion. 1 know that 1 would strongly encourage Council members and my appointees to atte d, and 1 am confident that other Mayors would do the same. Requiring that the course be offered, rather than mandating that it be taken, would also address a concern that has been voiced about the content of the course. If the audience for the course is not required to be there, but is attending because the course is of high quality, there would be some built-in protection against a change in content, at some time in the future, which would make the course less valuable to the decision -makers listed in the bill. It would be much more difficult to deal with such a change if there is a mandate in statute. Res foectful y su brnitted, Harry Kim "I Mayor, County of Hawaii County of Flawai‘i is an Equal Opportunity Provider and Employer.