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Home My WebLink AboutGT 0001 - Water BoardFrom: Sent: To: Cc: Subject: Dear Mr. Adams, KEN Beilstein <kbeilstein@comcast.net> Sunday, July 15, 2018 2:27 PM Charter Commission OMMMME Charter Commission Congratulations on your appointment as Chairman of The Charter Commission. This is an important appointment since the Charter Commission process is the only method available for Hawaii citizens to participate in government via 'direct democracy'. A brief review of American history will serve to underscore just how important Direct Democracy is, and the critical purpose of the Hawaii County Charter Commission: 1. The Civil War devastated the American Republic in the mid -19th century. The primary cause of The Civil War was, of course, the issue of slavery. However, an important lesson drawn from The Civil War was how an 'elite political class' - southern plantation owners -'hijacked' political processes and nearly destroyed American Democracy. 2. As a direct result, almost every state admitted to the Union following The Civil War included some means of Citizen -initiated Direct Democracy in its State Constitution. Direct Democracy was viewed then, and continues to be viewed as a necessary control on the 'elite political class'. The Direct Democracy methods varied - some states have binding referenda, others have citizen -initiated propositions or citizen driven constitutional amendment protocols. Of all the states admitted since The Civil War (16 including West Virginia's during the War), every one has a means of Direct, citizen - initiated Democracy - except the State of Hawaii. Additionally, every state west of the Mississippi River has a means of Direct, citizen -initiated Democracy - except Hawaii. 3. Why is that? Because, the Hawaii 'elite political class' - at the time of drafting Hawaii's constitution - did not trust the citizens of Hawaii to make decisions for themselves. Hawaiians were deemed 'too immature' by the political elite to decide what is best for Hawaii. That is an unfortunate fact of Hawaiian history. And, unfortunately, we (as Hawaiians) have to live with a flawed State Constitution, and we do not enjoy a Citizen -initiated Direct Democracy Right available to citizens in over 35 states. 1 GT- 0001 I hope that you and the other members of the Charter Commission will keep this paternalistic nonsense squarely in front of you at all times during your deliberations. Hawaii is a state dominated by an entrenched elite political class. The Charter Commission is the only means available for Hawaiians to directly determine issues without paternalistic 'guidance' from this dominant class. The lack of a means of Citizen -initiated Direct Democracy is a fundamental weakness of Hawaii government. A Charter Commission (ironically, appointed by the same elite political class !!) mitigates this structural weakness to some extent, but it is ultimately a limited substitute. It is also important to understand the consequences of this structural weakness. Most Hawaiians do not participate in the democratic process. Only about 42% voted in the 2016 General Election. Every other state had at least 50% participation. And 2016 was not an anomaly. Hawaii - since statehood - has consistently + significantly trailed all other states in voter participation. There are many factors which impact voter participation, but it is not unreasonable to conclude that some Hawaiian apathy is the result of the dominance of the elite political class. Essentially, the political class has said: 'we don't trust the Hawaii electorate with a Direct Democracy franchise'. And the electorate has responded by not exercising the franchise. During the coming weeks and months, I will send you proposals and discussions concerning important Charter Amendments urgently needed to make Hawaii County government operate in a more efficient, effective and rational manner. Hawaii County government is a shambles. It is inefficient, not effective and generally serves the interests of the entrenched political class and the Civil Service bureaucracy. Nowhere is there an example of Excellence, and there are many cases of gross incompetence. Detailed below is a discussion of The Department of Water Supply (DWS) and a proposal for an amendment to its Charter + Governance: 2 No doubt you are aware of the DWS well failure fiascos of the past 18 months. Multiple wells have failed; some of them multiple times. Much of West Hawaii has endured voluntary water restrictions - and for a period of time - mandatory restrictions. The Mayor at one point questioned whether the well failures were the result of sabotage ! Complete nonsense. The Chief Engineer / Manager attributes the problems to: 'they don't make pumps like they used to !' Also complete nonsense. And a Special Advisory Group recommended drilling parallel, side-by-side wells so there would be redundant pumping capability ! A classic government solution when you don't know what to do - build two ! Which actually solves nothing and doubles the potential for failure. After 18 months, no one really has any science or engineering -based explanation for the well failures. Nowhere - not from DWS, The Water Board or the Special Advisory Group - have there been discussions or direction to find An Engineering Solution. In other words - find the 'Root Cause' of the well failures and take corrective action. DWS does not have a registered + certified Quality Management System (QMS) in place, so the disciplines of Failure Mode + Effect Analysis (FMEA) are not utilized at DWS. (DWS and The Water Board have failed to even discuss QMS !! Despite multiple emails from myself and others with QMS experience). DWS is managed with a 1940s mentality. Largely because its Governance is structured poorly. The Water Board is the DWS Board of Directors. It comprises 9 members - essentially political appointees, nominated by County Council members / The Mayor. 3 Its composition speaks to an effort to bring some diversity to The Water Board. I support the objectives of diversity, and I have no objection to members with academic backgrounds, a public advocacy background, government contract management, etc. In fact, I think it is a good idea to have a diverse Water Board. Diverse and a complete Water Board. Currently, The Water Board is incomplete. What is missing on The Water Board are members who have subject matter expertise. There is not a single member who has an Engineering degree, a Natural Resources degree or the related life work experience to reinforce their technology education. I imagine that you have been a Board Director. Perhaps a member of several Boards. I also have been a Board member, on several Boards. Boards of Directors have several functions: oversight, strategic direction, compensation review, etc. But their function also includes providing operational assistance to their enterprise. The Hawaii County Water Board has zero members who can actually assist the Chief Engineer / Manager and his operations team with Crisis Management ! Or who have a technical background and actually understand the Technology + Operations of DWS ! As a specific proposal for The Charter Commission to consider: The DWS supervisory board - The Water Board - should be expanded to include 2 additional full - voting members. These additional members - one from East Hawaii and one from West Hawaii - would be appointed by The Mayor and confirmed by the County Council. The education + work experience requirements of these At -Large members are that they must be degreed Engineers (Civil, Electrical, Mechanical, Process, Petroleum - all would be OK) or they must have a degree in related Natural Resources (a Mining degree or Hydrology, Geology, etc. Not Forestry - not related) and a work experience of at least 10 years that reinforces their technology education. A Professional Engineer license (PE) would also be desirable, but not absolutely necessary. Many highly -qualified engineers never actually pursue a PE certificate. At all times, one of these At -Large members should serve as a Board Executive - The Chairman or Vice Chairman of The Water Board. 4 And one qualification / prohibition: former or retired DWS are not eligible for appointment as At - Large members. (A review of the minutes of Water Board meetings will confirm this structural weakness. I have been reading these minutes regularly since the well failures started. Unfortunately, the current Water Board members have very little comprehension of the technology + operations they are overseeing. This is not a personal criticism of their desire to participate or serve. They generally seem to be conscientious, civic -minded citizens. However, they simply do not have the education and / or work experience to provide meaningful input on multi -stage pumps, electrical controls and power supplies, geology, hydrology, etc. Nor the ability to even ask DWS operations management relevant technical questions about the well failures.) As noted above, I will forward additional proposals on other structural reforms. Some are more difficult. reforming The Water Board, however, is a relatively simple fix and urgently needed. Sincerely, Ken Beilstein 5