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Ian Lind • Online daily from Kaaawa, Hawaii

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Lead S-A “Business Brief” misleads

May 25th, 2012 · Court, Media

Here’s one small but aggravating reporting lapse. Not a big thing, but one I know a little about.

You may have seen the Star-Advertiser’s lead “Business Brief” yesterday: “Apartment3 to shut down Sunday

For those who can’t jump the pay wall, the brief story quoted from announcement on Facebook and Twitter by the owners of the restaurant/lounge on the edge of Waikiki, and then relied on the owners for an explanation of the closing.

“It is with a heavy heart that we announce that this will be our last week in business due to circumstances beyond our control,” read an update that was posted to Apartment3′s Facebook and Twitter accounts….

Despite solid reviews and a faithful customer following due to its owners’ deep roots in the bar and nightclub industries, issues arose between the restaurant and the Century Center Association of Apartment Owners — the biggest of which were noise and parking complaints from other residents in the building.

The problem is that the story didn’t report the real reason for Apartment3′s demise, which was really quite simple. They weren’t paying their bills.

A quick online check of records, would have turned up the lawsuit filed by the landlord, Century Center Condominium, based on a large amount of money owed for back rent, utilities, parking fees, and other expenses.

lawsuit

Those noise and parking “issues” reported in the Star-Advertiser story were raised by lawyers for Apartment3 in a counter claim against Century Center, but the judge ruled against them and threw those claims out. The original lawsuit was then settled with a stipulated judgement against Apartment3.

I’ve been a member of the Century Center Board of Directors during this period, so I’m familiar with the issues. The unpaid amount owed to Century Center will likely be more than $100,000. A court hearing is scheduled for next month to set the damages.

Without leaving the newsroom, a reporter could have also found other evidence of financial problems, including a state tax lien filed against Apartment3′s parent company, Level 3 R&L LLC in 2010, and an earlier 2009 lawsuit by a vendor seeking to collect on unpaid bills.

lien

Collection lawsuit

Anyway, simply reporting that the closing was due to “circumstances beyond our control” without any other checking falls short of my expectations, but perhaps I expect too much.

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Romeo nears a million!

May 25th, 2012 · Cats, Kaaawa, Photographs

Mr. RomeoAnother Feline Friday, but this one is special.

As of a little earlier this morning, the YouTube video starring Mr. Romeo had passed 985,000 views.Sometime in the next three days or so, it will pass one million.

Zap! Pow! Bam! Holy Hairball, Batman!

Back in prehistory, getting a million records in circulation was a Gold Record. It was a big deal. What does a million YouTube views mean?

A million inches is 15.78 miles.

Well, a search turned up this article on the odds of becoming a YouTube “celebrity.” According to these calculations, the chance of getting to a million views in a month are extremely small, about 1 in 3.5 million. Over time, of course, the odds improve.

Still, regardless of what the true odds of your YouTube video getting one million hits are, we can say with certainty that they are very, very low.

People have a nice bottle of wine chilling for the Big Day. Romeo will have to get by with an extra serving of one of his favorite cat foods.

–>Don’t forget to click here to see this week’s Feline Friday Foto Gallery.

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Caution to party activists: “We are ‘stewards’ of the Party, not its owners.”

May 24th, 2012 · Politics

For those who don’t obsessively check the comments, Bart Dame had a thoughtful response to my post this morning. I’m taking the liberty of promoting Bart’s comment to a guest post because I think it is thought provoking and deserves wider circulation.

On seeing his comment here, Bart worried…”Upon re-reading it, I realize I may have used language a bit more intemperate and hostile than I should have.” Please check out his further comment, below.

For now, though, here’s his original contribution.

Aloha Ian!

It’s good you are reminding party members there are intelligent eyeballs monitoring our decisions, though I I have observed a perverse sado-masochistic attitude which colors the thinking of some party activists who feel their decisions are VALIDATED if they are “misunderstood” by the benighted masses. And if they sense any critical feedback from sources like elected officials or the unions, they take this as further evidence the Party must be doing something right.

The Hawaii Reporter story was disturbing on several counts. That a major party activist would feel comfortable using the Sam Slom-Malia Zimmerman organ to promote an attack on Inouye is perverse to me. The resolution demanding elected officials remain neutral in primary battles is a gross overreach of the party’s authority. Party members and candidates have a right to insist top PARTY officers–as distinct from Democratic elected officials–be fair and neutral in their treatment of competing Democratic candidates prior to the primary. But elected officials are POLITICIANS with their own needs and, yes, Linda Takayama is correct, their own RIGHTS to express their opinions.

I am not defending the interference from Washington of the DCCC or the DSCC in our primaries. I believe they SHOULD remain neutral. But both Senator Inouye and Abercrombie have the right to support whomever they want. Dante Carpenter as chair of the state party or Tony Gill as Oahu chair, gave up that right when they took on the responsibility to deliver equal service to all the party’s candidates.

Not only was the resolution an inappropriate effort by the Oahu party to exert excessive political control over elected officials, it was extremely hypocritical. The Oahu convention featured as our luncheon speaker one of the two Democratic candidates for Mayor, Kirk Caldwell. Since it is in the Party’s interest to be seen as neutral in a primary battle, as per the resolution, the convention organizers should have bent over backwards to avoid the perception we were backing Kirk over Cayetano.

But I guess it is easier to tell Inouye and Abercrombie how to behave than to police our own behavior?

There is a temptation within the party to try to accomplish through our control of the formal party apparatus things we cannot accomplish through traditional community organizing. It is much easier to mobile a few neighbors, friends or co-workers to turn out to the local school cafeteria an elect you as a precinct officer, a district chair or a member of the State Central Committee than to get elected to the Legislature or county council.

The Democratic Party was built the old-fashioned way, in the plantation camps, among returned WWII AJA veterans and going door-to-door at a time when Hawaii was unambiguously dominated by a well-defined “ruling class.” The two sides were obvious to all Hawaii residents. The Republican side was easily identifiable: haole, Merchant Street, Punahou, Pacific and Outrigger Club, Big Five and inter-married missionary families. The Democrats were (almost) everybody else, with the unions and AJA vets at the core. (Hawaiians were somewhat on the side).

Today’s society is much more complicated, in ways which do not lend themselves so readily to such a binary, “Which Side Are You On?” division. As the party of governance, the leading Democratic politicians are coopted by longstanding alliances with powerful corporate interests in addition to the unions. Corporations seeking to influence legislation seek out politicians and politicians needing corporate underwriting for their political futures cozy up to corporations.

The generation which built the original Democratic Party has either died off or are almost completely retired from activity. WIth the “demographic collapse” of the party’s traditional base, has come a hollowing out of our understanding of and connection to many of the subgroups and neighborhoods in the state. The newer party activist is much more likely to be a recent arrival, to be rooted in an issue-oriented community rather than a geographical one and to have a weak grasp of Hawaii’s history and social dynamics.

In a sense, we came across a party structure which had largely been abandoned and have taken it over, sometimes mistaking our control of the formal party apparatus for real power or “legitimacy” to make demands “on behalf of the members” or in defense of “Democratic principles.”

This hollowing out of the party’s strength coincides with, and probably not unrelated to, the professionalization of the legislators as political entrepreneurs and careerists, relatively detached from traditional Democratic principles, unless those “principles” can express themselves through Real Politik mechanism, like union political power to offset corporate power. The recent legislative session angered a lot of people for the violence done to legislative due process with their “gut and replace” tactics and the effort to gut environmental review processes.

Many party leaders share the public frustration with the behavior of many Democratic elected officials and are seeking a means to to use our party powers to influence, sometimes punish, the elects. Our ability to either influence or hurt a sitting Democratic elected official is pretty limited. But a provision in our rules created an opportunity to interview anyone who wants to seek office as a Democrat but who missed a little know deadline in our rules of six months membership prior to filing. So, in my view, a lot of legitimate frustration with sitting Democratic legislators has been displaced onto Laura Thielen, the first member unfortunate enough to apply for permission to run under this rule.

As the former chair of the State Democratic Party’s Rules Committee, I can say with great confidence it was never the intention of this rule to block someone like Laura Thielen from running. The rule was written as an attempt to provide us with protection after the high profile party switches of Bev Harbin and Mike Gabbard, two cases which created a lot of interest in giving the party the ability to screen out applicants seen as “hostile to the Democratic Party.”

The rule was, in my opinion, crudely and willfully misapplied under the influence of people who disagreed with the intent behind the rule and determined to change its purpose.

I have gone on too long and, undoubtedly, said some things which will annoy some of my fellow Democrats. There will be an attempt this weekend to forge a compromise on the rule invoked against Thielen. It is not clear whether we will succeed or not. If the compromise fails, delegates will be left with two choices. Either harden the rule along the lines of the proposal narrowly adopted by the Oahu Convention or delete the rule from our constitution and return to the previous practice, which was to leave it to the primary voters to determine who will represent Democrats in the general election. This naturally leads to a discussion of open versus closed primaries.

The Thielen candidacy controversy may result in a court fight. I am hoping there is enough sense within the Party to avoid trying to assert the right of party “insiders” to substitute our judgment for that of the voters. It reinforces the “party bosses” critique which gave rise to the push for primary elections a century ago with the Populist and Progressive reforms of the late 19th and early 20th century.

I believe the Party DOES have a right to block people hostile to our platform from running as Democratic candidates. They can run as independents, Republicans or third party candidates if they do not broadly agree with our platform. But any screening process MUST be transparent, follow obvious standards and have safeguards against bias, conflicts of interest and arbitrariness. Or it will not survive a court challenge.

The current rule was a “beta version” and needs tweaking. If it cannot be fixed, it should be removed. If it is rendered more inflexible, it will actually DIS-empower the party by forbidding party activists in a district from supporting their favored candidate if they did not have the foresight to join the party at least 12 months prior. And since there is such a weak correlation between a 12 month rule and a members commitment to the platform, it would be insane to attempt to substitute a 12 month rule for a more deliberative process or for the judgment of the voters in the district.

I’ve got my fingers crossed.

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We need a program to identify the key players in the Democratic Party’s state convention

May 24th, 2012 · Politics

The Democratic Party of Hawaii’s State Convention opens on Friday at the Sheraton Waikiki.

All indications point to an interesting time to be had by all.

First there was the new “pay to play” rule requiring candidates to pay $500 per minute to speak during the convention. Putting a price on speeches, even by top of the ticket players, is a departure from past practice, according to a story this week in Civil Beat.

Hawaii Reporter highlighted one resolution passed by the Oahu County Convention earlier this month and submitted to the state convention, which asks members of the Congressional delegation, the governor, and party officials to remain neutral in the primary, and to refrain from campaigning for (or against?) competing Democrats. It is seen as push-back against efforts by Sen. Inouye and others who have been backing their favored candidates in 2nd Congressional District and the Senate race.

There are also several amendments to the party constitution proposed by the Oahu County Convention, several of which seem to be aimed at blocking a repeat of the controversy over the candidacy of Laura Thielen.

Thielen, who headed the Office of State Planning and, later, the Department of Land and Natural Resources during the administration of Gov. Linda Lingle, joined the Democratic Party earlier this year and last week filed to run for the 25th District Senate seat now held by Pohai Ryan. The same Oahu County party apparatus unsuccessfully sought to block her entry into the race, as has the party’s state central committee.

The proposed amendments would require anyone wishing to seek election as a Democrat to be a party member “in good standing” for 12 months, double the current 6-month requirement. It would eliminate a procedure that currently allows new party members to seek exemptions from the “good standing” requirement. and would “mandate automatic expulsion from the Party, effective with the 2014 election, for filing as a candidate of the Democratic Party of Hawai‘i if not a member in good standing.”

The party can already feel like an insiders club that is difficult to penetrate by anyone newly interested in its internal workings. The proposed amendments to the constitution will just create higher barriers to entry, further limiting participation by anyone who hasn’t been thoroughly vetted and approved by the party leadership prior to seeking office under the party’s banner.

I’m not a party insider, and have never been interested in entering there, so the whole who-is-doing-what-to-whom lineup is somewhat of a confusing mystery. Perhaps others more deeply involved in these debates can provide a bit of background as to the different party factions, along with the key players and perspectives in those factions.

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A different view of dawn

May 24th, 2012 · Photographs

Here’s a different kind of morning.

Just before dawn, viewed from a United Airlines flight from Los Angeles to Washington, D.C., somewhere just over an hour before landing in DC.

Taken with an iPhone 4.

Sunrise

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Star-Advertiser left me guessing on reapportionment lawsuit decision

May 23rd, 2012 · Court, Media, Politics

I got up early this morning to take a look at yesterday’s federal court decision on the challenge to Hawaii’s 2011 reapportionment plan.

I turned to the Star-Advertiser’s online edition, and noted two things right away. First, I don’t see any link to the decision itself. What’s that about?

And, second, there’s a prominent error in the graphic accompanying the story.

Star-Advertiser graphic

I’m not sure about all of the districts, but the matchup between Gil Riviere and Jessica Wooley in the new 47th House District is a fiction. Riviere and Wooley will not be running against each other, because Wooley’s residence is on the Kaneohe side of the new boundary, pushing her into the adjoining 48th District where she will face off against the incumbent Democrat, Pono Chong.

I had to jump over to Civil Beat to get a link to the decision by the three-judge panel.

I’ll hopefully have time to read through the decision later today and pull out significant nuggets.

Then I stopped by attorney Robert Thomas’ InverseCondemnation.com. Thomas represented the plaintiffs in the court reapportionment challenge, but with his busy schedule, he hasn’t had a chance to blog about the court’s ruling yet. I’ll be interested to see what he eventually has to say.

I’m also wondering about the plaintiff’s assertion that Hawaii is the only state that excludes a significant military population when drawing district lines. If that’s true, then how do other states deal with the problem of districts with lots of population but few voters? I would be surprised if Hawaii is the only place where military personnel assigned for 2-3 years choose not to shift their legal residence to the state. What happens in areas around military communities on the mainland?

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Astronomy vs. Astrology, and Hawaii’s response to more birther nonsense

May 22nd, 2012 · Education, Media, Politics

So the state, along with private partners, spends lots of money and energy promoting science and technology education, seen by many as a necessary part of our future economic aspirations. Then along comes KITV and undercuts the it all by reporting astronomy and astrology as if they were on an equal footing.

At least that’s what I thought on Sunday when KITV reported on that day’s solar eclipse during its prime time evening news (“Astrologers say astral events affect human condition“).

There were so many ways that this could have been reported. Interviews with UH astronomers? An explanation of how an eclipse works with a demonstration at the Bishop Museum planetarium? Coverage of an astronomy club? Maybe a look at how scientists predict when eclipses will occur and where they will be visible? Any of those approaches would have emphasized the science. Instead, from the headline to the interview, science got shorted in favor of the astrology angle that trivialized an interesting astronomical event.

Okay. It was Sunday. Everyone knows they don’t report real news on Sunday. Nonetheless, IMHO, it reflects quite poorly on the state of television news.

And in another bit of media news, it took Talking Points Memo (TMP) to think of asking for the recent communications between the State of Hawaii and Arizona’s nutty Secretary of State (“Emails Show How Hawaii Stiffed Arizona Secretary Of State’s Birther Investigation“).

One of the more amusing things revealed last week when Arizona’s secretary of state came out as birther curious was that Hawaii officials just simply don’t believe he’s qualified to investigate Barack Obama’s birth certificate.

Sure, Ken Bennett says he’s the man in charge of deciding whether President Obama is eligible to be on Arizona’s ballot in November, but the response from people in Hawaii’s government has been: Prove it. In essence, they’re giving Bennett a taste of his own medicine, making him jump through a series of hoops to prove he has the legal authority to investigate the matter, much the same way the birthers have made Hawaii prove time and time again that the president is indeed a natural born citizen of the United States.

On Monday, TPM filed a public records request for the correspondence between the Hawaii government and the Arizona Secretary of State’s Office. The results show Bennett and his staff grew ever more impatient with the slow pace of Hawaii’s response before the secretary finally took to a local conservative radio talk show on Thursday to voice his concerns.

Great reading!

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Bill to require posting agency minutes online failed on the session’s final day

May 21st, 2012 · Legislature, Politics, Sunshine

There were a couple of responses to yesterday’s entry regarding online posting of state agency minutes that are worth commenting on.

First is the issue of whether agencies have administrative control or simple access to their web sites in order to post minutes. A reader noted testimony on HB2404 which raised the absence of such control as an issue. This seems to mean that the state’s computer system is not necessarily designed to allow individual agencies or departments to post minutes even if they want to do so.

A second comment came in a phone call from someone who said the department they are familiar with is constrained by a shortage of secretaries after retirements or moves of people who previously prepared minutes. Many positions have been left vacant, apparently as part of the state’s ongoing cost-cutting measures, and minutes don’t get prepared if there’s no one to put them together. No minutes, no online posting.

I can’t assess these assessments from the outside, but they would again point to management issues and a simple failure to prioritize the tasks associated with accountability and openness.

It might also be interesting to follow up on HB2404. In its original form, the bill added a simple online posting requirement to the current provision of the sunshine law regarding minutes. Language being added is underlined, while deletions are in brackets.

SECTION 2. Section 92-9, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

“(b) The minutes shall be public records and shall be [available] posted on the website of the board, or if the board does not have a website, on the state internet portal or the website of the appropriate county within thirty days after the meeting except where such disclosure would be inconsistent with section 92-5; provided that minutes of executive meetings may be withheld so long as their publication would defeat the lawful purpose of the executive meeting, but no longer.”

The bill was introduced by Rep. Chris Lee, and drew a long list of co-sponsors.

C. LEE, BELATTI, BROWER, CABANILLA, CULLEN, FONTAINE, HASHEM, MANAHAN, MCKELVEY, MORIKAWA, NISHIMOTO, PINE, RHOADS, RIVIERE, SOUKI, TAKAI, TAKUMI, THIELEN, WOOLEY, Chong, Herkes, Ichiyama, Mizuno, Nakashima

It got one minor amendment in the House Judiciary Committee, then was approved by the Finance Committee, and passed the full House on March 6 with no opposition.

Things were looking good.

In the Senate, it was first given a joint referral to committees on Economic Development and Technology, and Judiciary and Labor. Ways & Means was then added as a double referral.

The first Senate move was to do a “gut and replace” by “by deleting its contents and replacing them with the language from S.B. No. 2233, S.D. 2, and S.B. No. 2234, S.D. 2, which address the issue of enhanced access to public information in a more comprehensive manner,” according to the accompanying committee report.

In this new version, SB2404 would have eliminated the requirement to file a hard copy of meeting agendas with the Lt. Governor, instead requiring electronic posting, with copies to be emailed to anyone who requested notice. It would also require minutes, as well as any supporting materials distributed at the meeting, as well as legal notices, to be posted online.

It was now much more detailed and more robust than the version that crossed over from the House, but the addition of legal notices brought other interests into the picture (newspapers?) and may have changed the dynamics. The idea of moving to online publication, especially on government websites, was strongly opposed by newspapers and the Hawaii Publishers Association.

The bill was then further amended in the Senate WAM Committee to provide funding to the Hawaii State Library System to provide electronic access for people who don’t have access to their own computers.

It then passed the full Senate in amended form on April 10. House and Senate conferees were appointed on the 16th, and the initial conference committee meeting was held on April 19, then reconvened the following Monday, April 23.

Several conference drafts were then passed back and forth between House and Senate conferees, with differences whether or not to allow or require online posting of legal notices, and when the online public notice provisions would become effective. The House initially wanted to delay until 2016, but later revised that to 2014.

On Friday, April 27, it looked like House and Senate had agreed on most issues, and on Monday, April 30, conferees approved the House proposal to delete the requirement that legal notices be published in newspapers, requiring instead that state public notices be posted on a state website, and county notices on county websites.

Conferees voted to approve this as CD1, and recommended approval by the full House and Senate.

But on the final day of the session, House leadership killed the bill by recommitting it to conference.

I’m afraid the attempt to require agencies to make their meeting materials and minutes available online, which would have had a broad public benefit, became collateral damage in the arm wrestling over handling of legal notices, which really only impact a smaller segment of the public, although of vital interest to certain industries. In retrospect, it might have been better, from the public’s point of view, to keep these issues separate rather than letting them sink or swim together. In this case, of course, they sank. And we lost out.

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