HomeMy WebLinkAboutMIN CHC 2009-09-26 PH-Pahala.tif2009 -2010 HAWAII COUNTY
CHARTER COMMISSION
Public Hearing
Saturday, September 26, 2009
Pahala Community Center
96 -1149 Kamani Street
Pahala, Hawaii 96777
CALL TO ORDER:
CHR. HAITSUKA: Today is September 26, 2009, and we are at the Pahala Community
Center for a public hearing for the Hawaii County Charter Commission. The time is
approximately 9:05 a.m.
ATTENDANCE:
Present: Mr. Ed Haitsuka, Chair
Mr. Guy Kaulukukui, Commissioner
Ms. Jamae Kawauchi, Commissioner
Mr. Alapaki Nahale -a, Commissioner
Ms. Susie Osborne, Commissioner
Mr. Todd Shumway, Commissioner
Mr. Scott Unger, Commissioner
Absent: Mr. David Fuertes, Vice Chair
Ms. Daphne Honma, Commissioner
Ms. Casey Jarman, Commissioner
Mr. Joseph Kealoha, Commissioner
Also Present: Ms. Karen Eoff, Secretary
Mr. Levi Hookano, Legal Specialist
Ms. Glynis Yamada, Council Services Supervisor
Mr. Alfred Robello, Special Assistant to Council Chairman
CHR. HAITSUKA: We have testimony this morning from Councilman Guy Enriques.
Good morning.
GUY ENRIQUES
(At this time Guy Enriques came forward to address members of the Charter Commission.)
MR. ENRIQUES: Good morning everybody. Thank you for coming all the way out here. I
thought I should be here so we'll have at least one more than Honoka`a. Again, I do
appreciate you being out here, and taking the time to possibly hear some voices out here. I'm
here representing myself and not the County Council today. I would like to speak on just one
issue, which I think you will consider, because it is something that if I didn't think you would
consider, I would possibly try to do something as a council person, because I see the value in
it. As a new councilman I've found that two years is like a blink of an eye. This is going on
ten months on this job, and I realize how tip of the iceberg I am on learning what I need to
learn to be an effective councilman. So, I'm going to come from that point first, number one,
effectiveness. Not having any kind of political background in the past, I'm realizing how
little I know; how little I know by means of the legislative stuff. I depend quite heavily on
people like Levi, and the staff, to teach me what I need to know, and to teach me how to do
the ropes. Just yesterday I satin a meeting for about two and a half hours on just the
Housing Department to learn what they do, so I know how their resources can help the
people here; and that's just one part of the Housing Department. The Housing Department
has about seven different areas that have financing coming from grants and stuff like that. I
know that our people are not even using any of it. If I don't know about it, then I can't help
with it. And that's just one department. In that sense, I'm ineffective if I don't know what
sources are available in the County that I can use to bring to the people in my district.
What I've found my job to be as a council person is not really to solve problems, because I
can't do it alone, but I think my real job is to identify the problems, identify the people who
can solve those problems, and then bring them together and let them solve it, and kind of step
out of the way. I think that's really my job. In terms of education wise, it is huge. There is
no way, I think, that in two years I will get to know the job like I need to know it to do it
effectively. The other part of the job, that I think will take time, is building relationships. I
am the Chair for the Parks and Recreation at this time. Everybody that I meet down the line,
every relationship that I grow, will help me become more effective; and that's just one
department. You know how many department heads are in Parks and Recreation that I don't
know, and haven't met yet. It's going to take some time, but for the relationships that I have
built - -when it comes time to use their services, because we're on a face to face, maybe first
name basis, we've developed a friendship and a good working relationship - -I can get things
done in this district faster than if I didn't know them or didn't have any kind of relationship.
And that is just one department which I haven't even gone half way through yet, in ten
months. So, building working relationships in each of the departments is critical. Working
together, and knowing the people you are working with will help foster a lot more
productivity than if I didn't know these people, except if I sat on their side and they came up
in front when we have these County hearings proposing things. It's a real informal way, but
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I think more things are done if you have built relationships before you get to these real
formal situations.
The other issue I think is real important in going from a two -year to a four -year term is what
I'm finding is what my job is entailing is riding shotgun on projects. I've put in maybe ten,
fifteen projects and they will never come to fruition by that time, I'm realizing. If I'm not
elected next year, whoever is, whether they follow through on it, that's their kuleana. All the
work that I might have done up to this point, is going to go for naught, if whoever is elected
does not see any importance. That is a big issue. In that sense, two years is nowhere close to
getting projects started, and making sure that they get done; that continuity is very critical.
Otherwise, if it is not done, all that work that one council may have done in two years goes to
waste, totally ineffective, a waste of time, a waste of money, whatever you want to call it.
That is a big part of why we need to move forward.
When I think about it, and when I talk to people about the four -year thing, the biggest fear is,
what if we get a bad one. That's the biggest fear that I hear, what if we get a bad one. Now,
in the three things that I mentioned; the education side of things, the effectiveness, the
building of relationships, the riding shotgun on projects, and you balance that with, what if
we get a bad one. Well, in my situation, I was able to get in in the primary. So, there is a
large majority that is going to be okay with what I do. There is a small majority that no
matter what I do will not be happy, therefore, for those people, what if we get a bad one; it's
already there. Their attitude of what if I got a bad one already exists from the minute that I
took office. And I'm experiencing that every day that we have public hearings. So, balance
that concern, what if we get a bad one, between all the things I just talked about, and to me
it's a no brainer. I'm not doing this so that I stay longer, that's not my point. My point is
I'm in the office now, and I'm telling you what I am finding. It makes all the sense to go to
four years, versus two.
Another issue is the finances, especially in times like we have today, economic times. The
State is going to put out money for this new Clean Election's, if you like. So, I don't really
have to go out and go raise money from the people themselves, like I did in the past, because
we will be receiving -- -Well, maybe this is the inequity, some of us will be receiving funds,
and some of us will not. My bottom line with that is, every two years we will be spending a
good six months, so I would say a good one fourth of my term, my mind will be on re-
election, which will make me a little bit ineffective, and take me away from what I should be
doing because I'm worried about whether I will be elected or not. So, I work three quarters
of my term Scott free, and then I got to come back and worry about spending money, maybe
State money, maybe my own money; definitely my own money. But, I'll be working
overtime; I won't be able to just do my campaigning, because now I have to separate that. I
know I will not be as effective for that time that I'm campaigning, because I'll be burning the
candle at both ends trying to assure that I have another term.
So, for all those reasons --I didn't write anything down - -I'm trying to do this because I'm
doing if from what I'm feeling about this particular job. But, anyways, that is my statement
on the four -year. I believe I did hear one of you mention - - -I don't know if it is one of your
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Charter Amendments, but if it isn't, then I would like you to consider putting it as one of the
changes on this next go around. So, is there an opportunity for questions and answers here?
CHR. HAITSUKA: Are there any questions for Mr. Enriques?
MS. KAWAUCHI: I have a question, Mr. Chair. My question is, how much time does it
take to campaign? Is it all day? When does it start and when does it end? How many hours
a day?
MR. ENRIQUES: I think it differs from every politician. I know I worked twice the time
than my last competitor, but he was in office. So, I had the freedom of working 24/7 if I
wanted. I spent eleven months to win this race. I'm already behind if I wanted to do the
same thing. Again, if somebody was going to run against me at this point in time, I would
have started already. I started, I remember, making the decision in November, and then
going from there, actually a little bit before; officially out there in November. So, to answer
your question, Ms. Kawauchi, it's really dependent on how badly you want to win that race,
and how much time you put in. You can put in twelve hours a day if you want, going door to
door. This district that I represent is incredibly huge, starting from Hawaiian Acres to
Kealakekua Bay. It is not like if I'm a guy in Hilo; I just go around in circles over there. I
can stand in one corner and I can probably hit a good 25% of the population. That doesn't
work in this district. I found myself one morning - -it depends on what strategy you pick - -sign
waving at J Hara store, and that evening I would be in Kona, sign waving. I would sleep in
Kona, get up, sign wave in the morning, and wind up in the evening at J Hara. I guess this is
from athletics, if I go into a game, I play to win. When I look back at something, I want to
say, if I get in this game, did I do everything I can. Depending on whom the politician is, or
who is running, they will determine how much time they put in; but it could be endless.
Thank you.
CHR. HAITSUKA: Mr. Nahale -a.
MR. NAHALE -A: Aloha Councilman, thank you for coming. I just wanted to assure you
that we had a committee on this issue, and it did recommend moving to four -year terms.
That proposal will come to the Charter Commission. I think the real battle will be in the
public. We will have to do a good job educating them why it would be a good idea.
MR. ENRIQUES: I believe this is probably one of the better changes, if we are going to
have an effective Council, so if you decide to push this through, you can count on me to back
it up in any way, publicly, personally. I don't know if I can do it as a Council person, I'm
not sure; Levi may be able to help. I will be more than happy - -- People have advised me not
to from a political standpoint, but I don't care about that. My emphasis is making whoever is
in this office as effective as possible. If I'm it, it will be great; if I'm not, then whoever is
will have a better chance of watching their projects go through, learning the position,
especially if that guy is new, because I'm feeling that right now.
CHR. HAITSUKA: Are there any other questions?
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MR. NAHALE -A: Just a quick follow up. Were you aware of this issue before you chose to
run for office?
MR. ENRIQUES: No, I thought two years was a good thing, because then if I didn't like it, I
would be done. But, if you are really concerned about getting the job done like you should,
then it can't be done in two years. You just start things and you won't see it happen, unless
it's a real quickie thing. I think we all know how fast the County works, I'm learning that
now. Things don't move as fast. There are a lot of things that have to get done; procurement
rules, readings, it just takes a while to get projects done.
MS. KAWAUCHI: Another follow up question. Although you listed many reasons for why
it might be a good idea to extend to four -year terms, in terms of prioritizing the reasons,
would you think that getting the job done, the promises you made during the campaign,
making sure that those promises are fulfilled during your term; is that maybe one of the more
important aspects of going for a four -year term?
MR. ENRIQUES: As far as campaign commitments, for mine, mine was building
relationships, wanting to see a change in the Council, in how they worked together and how
they worked with the administration. That's an ongoing thing; you work at it every day.
But, I think the real issue here is effectiveness in terms of what you want to do for your
district in getting your projects done. The ability to stay on it, ride shot gun is the word that I
used, because if you don't, the County has so much things on its plate; the department heads,
the directors, they are bombarded by nine different councilmen, nine different districts
concerns, they won't remember what we just talked about unless you call them. When I
stepped on, there were about seven or eight projects that were about ready to lapse because
nobody was looking after them. We did lose one issue that was heartbreaking, we lost
$350,000 because it lapsed; nobody looked at it. There was free money coming down from
the State, and our senior citizens were the ones that lost it. It was nobody's fault; there are
just too many things. When you look at the list, for example Parks and Recreation, there are
like three or four pages of projects and you have got to watch where yours is, and it is up to
you to lobby that thing to move it up the list. Otherwise, it just sits there and doesn't get
done. Anybody that is pushing their projects and riding shotgun on their projects has abetter
chance. So, if I'm out in two years, and my project is down here, the next guy who is coming
in doesn't pay attention to it, it will lapse too. So, the number one thing I think is, well riding
shot gun on your projects and seeing it through, like I said, if I'm out in two years, the guy or
gal coming in doesn't see the value in that project, it will just lapse, and we will have wasted
that time.
You have got to weigh that with educating the politician if he's new like me. Getting to be
effective I have to build relationships with the people I will need to work with in each
department. I know very little about the Finance, because I haven't dabbled in it yet. I know
very little about the Environmental Management. I know a lot about Parks and Recreation,
and maybe down the line, pretty soon, I will know a lot about Public Works. Again, two
years, like I said, this has gone by like - - -I mean, I can't believe I got to campaign here again.
I've got to go next month to that Fair Elections meeting thing that is coming up next month;
I'm in that, it's just like crazy. So, as far as the priority, I think they are all equal up there as
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far as wanting to make your council person as effective as he possibly can for not just his
district, but for the entire island.
CHR. HAITSUKA: Are there any other questions?
MR. SHUMWAY: I just want to thank you for coming to talk about this. We have proposed
an amendment on this and somebody in Kona already testified against it. I think as Paki said,
the education is going to be really important. Hearing you talk from your experience,
coming in as a newcomer, and the education process that you have gone through, I think it's
really critical that we get that out prior to the election so that people understand it, so thank
you.
MR. ENRIQUES: Anyway I can help, I'm not worried about - -some people like I said have
advised me that I shouldn't go there, because you might lose some votes - -the votes are not as
important as the outcome, or the effectiveness of whoever gets inside there. Just a question,
if you heard somebody testify against this, most of the people that I've talked to, the idea that
what if we get a bad one was the top of the line negative thing; did you hear anything else
that I might not be aware of?
MR. SHUMWAY: That was basically the gist of her comment, that we may want the
opportunity to replace people if necessary.
MR. ENRIQUES: That is all I've heard too that has any weight, which has some merit, but
then again, if we take the time to look at who we are really voting for, chances are we will
vote correctly. I still think all the reasons I put forth far outweigh that one where like, what
if. I sit down on your side, and I hear a lot of people come to the council and always have
this doomsday attitude about what the worst case scenario would be, but people forget to
look at what the possible good might be. We have a bad tendency to focus on the bad things,
and try to protect ourselves from the bad things, and we fail to look at what the good things
are, time and time again. So, I think there is some good if we look at the four -year things and
focus on what they could bring, and I hope maybe I have enlightened you on some of the
things I've found as a new council person that have merit for this four -year term. The
negative side is like this to me.
MR. NAHALE -A: I agree, and I think when the issue gets a little bit more fine tuned, it will
be that two -year terms force the council members to go back to the public. So, even if they
are good members, that cycle kind of encourages people to go back and walk door to door
and things like that. I agree, the pros and cons are far separated, that's why we are trying to
move four -year terms forward. In the debate later on, I think that's one of the things you will
have to be able to answer is, how we keep the public informed. A lot of the testimony that
has been a little negative to us is the belief that there is a lack of transparency right now, low
trust, so I think this is a poor way to try to deal with that issue.
MR. ENRIQUES: You are absolutely right, and if I may, I'd like to speak to that
transparency thing. I think a good council person will be communicating with their
constituents anyways. If he's not, in that two years, then you have made a bad choice. One
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of my campaign commitments when I was running was to improve the way we communicate
with our constituents. You can't use the campaign, or the election, to force our elected to do
that, it just doesn't make sense. Then the guy just doesn't have any value in communicating
with people. To be forced, as a reason, I don't know that it is one I would hold water with.
But, transparency is the buzz word now. I have made this public, so I don't mind sharing
what my thoughts are as far as transparency in what I'm doing. I have made myself more
available in every single district. This is my second time going around in what we call talk
story; the second time around in nine months to fourteen different communities. I just had
some meetings the other night. When you look at the Mayor's administration, whether you
agree to his decisions or not, I have not known another Mayor who has made himself more
publicly scrutinized in communities than any other Mayor. He has taken the time to go from
community to community and say, hey ask me what you want, I will tell you point blank. I
don't see it, but this is the first time that I see the word transparency come bubbling out when
we have made more attempts to be transparent. It is so easy to use the word transparency to
facilitate our own doomsday attitude.
We just went through, and we may still be going through, this Hamakua land sale, and
whether the Council should be overseeing the purchase of land. Transparency was the word,
and what I heard in public was when people came to testify was, what if, what if, what if,
what if, and we better legislate because if any of these things came true we would be screwed
up. Yes, every negative thing that you could ever think of, could come true. But, if we were
to legislate on every issue because of the what ifs, we would legislate ourselves to death. At
what point do we stop? When do we choose on this one we don't? Because every issue has
a what if. Again, it's that attitude where we focus on the negatives versus the positives.
Before we talk about transparency, let's make sure it needs to be. If we don't do things right,
and we mess up, then, I'm all for it. I'm not against transparency, I think it's important, but
let's do it, and legislate it when it needs to be, versus just doing it for the word transparency.
MS. KAWAUCHI: I have a question. What would be your thoughts of instead of proposing
a change from two -year to four -year terms, from two -year to three -year terms? Do you have
any thoughts on the difference between three years versus four years?
MR. ENRIQUES: Off the top of my head, anything beyond two years is better, whether it's
three years. The problem with three years is then you would have a mid -way election.
Maybe it would be for just a smaller group, but if it just went into sequence with the Mayoral
race, I think from the finance side, that will cut a lot of costs in terms of running elections.
What I'm finding out, is putting an election on is big bucks. To put one on in between over
here, I don't know - - -It seems more logical to run it in sequence with the four -year terms.
The way this is going, it looks like it would fall right onto that four -year term. It just seems
logical to stay with that. But, anything better than two years - - -If we can't get four years, I'll
take three years.
CHR. HAITSUKA: Are there any other questions for Mr. Enriques? We have one more
speaker.
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MR. ENRIQUES: Thank you very much for coming out here, and for volunteering for this
stuff. Thank you.
CHR. HAITSUKA: Next we have Mr. Bradley Westervelt.
BRADLEY WESTERVELT
(At this time Bradley Westervelt came forward to address members of the Charter Commission.)
MR. WESTERVELT: Good morning. I wasn't planning on speaking but after hearing Guy
speak, I thought I would come up here and thank you for the work you are doing, I like what
I have read here. I just reviewed the nine amendments, and I have a couple of comments on
number eight. But, first I want to say I am particularly pleased with number seven. This is a
good progressive idea that we should base recall petitions on the number of voters that
actually participate in our elections. That is a more fair way than counting the number of
potential voters. Let's actually deal with things on the terms of the number of active voters.
So, thank you for that. Number eight has me a bit confused. I don't actually know the
purpose of this, and I know I'm not here to ask you questions about that, so I'm just going to
comment. Removing the requirement that claims against the County be filed with the
County Clerk and instead be filed with the Corporation Counsel, I can understand the
efficiency in that because everything has to go to Corporation Counsel anyways; but there are
a couple of related issues that have me concerned. This relates directly to the subject of
transparency that was being discussed a moment ago. If someone from the public comes
forward with a complaint against the County, this amendment would put the record - keeping
on this out of the public eye, it would seem. If the complaint goes straight to Corporation
Counsel, it could potentially die there, and never be viewed by the public. It goes on to say
that the requirement for the annual report must be filed with the office of the Mayor instead
of the County Clerk. Again, that seems to be odd, why would we want to put record - keeping
anywhere but the County Clerk's office? The County Clerk is supposed to be the repository
of all public records. If someone brings forth a complaint or a lawsuit, I would think the
public would think to look there first, as opposed to going to Corporation Counsel or the
office of the Mayor. So, I question the wisdom of this approach, and I'm curious as to what
inspired this suggested change, but I'll research that at a later time. That's all, are there any
questions?
CHR. HAITSUKA: Are there any questions?
CHR. HAITSUKA: Mr. Enriques.
MR. ENRIQUES: I just wanted to make a comment just to remind you, if and when you
need my help to move this four -year thing, I'd be happy to be part of the education process.
Thank you.
CHR. HAITSUKA: Thank you very much. There doesn't appear to be any other testifiers,
and we will close this meeting at 9:42 a.m. Thank you.
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Respectfully Submitted,
Karen Eoff, Secretary
Approved:
Mr. Ed Haitsuka, Chair
Hawaii County Charter Commission