Posted on: Monday, May 3, 2004

Letters to the Editor

Legislature stands in the way of progress

Why do we even bother with a state-run Department of Education when the Legislature, which controls the purse strings, so routinely ignores its recommendations? I refer specifically to the list of school construction projects that our lawmakers have approved for funding — only seven of which were on the DOE's list of priorities. The rest were pork-barrel projects in various legislators' districts.

In defense of their decisions, our feckless lawmakers have contradicted themselves vis-à-vis the argument against breaking up the state Board of Education, which oversees the DOE. Now they are saying that "lawmakers have an obligation to respond to school administrators and constituents in their districts." Presumably the Department of Education and the Board of Education cannot.

Sen. Brian Taniguchi says lawmakers add school projects to the construction budget to ensure the DOE knows they are needed in their districts. Shouldn't that be the job of a locally elected district school board, not a micromanaging Legislature?

OK, legislators, which is it? Let the Board of Education and the Department of Education lead or not? Give local districts power within the educational system or continue to meddle?

This is a perfect example of why we need local school boards and why the Legislature is part of the problem, not the solution.

Governor must obey law, finance pay raises

I am a vice principal at a public elementary school, and a member of HGEA Unit 6. I am writing to let the governor know that she is not above the law and must fund our arbitrated raises.

I understand that it is the responsibility of the governor to protect the interests of the entire state, and being a school-level administrator, I understand the need to see the bigger picture.

My concern, though, is the state administration's disregard for labor laws in Hawai'i. When the state and the HGEA were unable to reach agreement, they entered into binding arbitration. Binding means just that: We are bound by the decision of the arbitrator.

The arbitrator refuted the state's position that it cannot afford raises and ruled in favor of the union. That means that the state is now obligated to award and fund pay raises to union members that total between 8 and 9 percent.

If the arbitrator ruled in favor of the state, we would be bound to that decision and have no recourse. Binding arbitration is not just binding if the ruling is in favor of the state.

If decisions are going to be challenged and questioned, as they always seem to be, the process is an exercise in futility. We are wasting our time, money and efforts. This is the law. There is no gray area. To say that the state can only afford raises of 1 percent over two years is insulting and ludicrous. The arbitrator confirmed this.

It is time for the governor to swallow her pride and do what is right. Award us the raises we've earned and deserve. And most of all, obey the law. No one, even the governor, is above the law.

Beijing could be sister city for all its driving

David Lynch's April 27 article on road rage in Beijing brought about some interesting comparisons with our drivers here in Hawai'i. So much so that we should consider Beijing a sister city so that we can share our wealth of driving knowledge and techniques.

First similarity: an odd mix of motorists, some trying to get through traffic and others content to putter along at 20 mph in the passing or left lane.

Second: turn signals as mere ornaments — now that one strikes home with me on a daily basis.

Third: driver inexperience — now this is getting creepy because although Hawai'i allegedly has traffic laws and a driving test, it appears that anyone who shows up at the DMV to fill out a form will be anointed with a valid Hawai'i driver's license. Isn't it amazing that the written driver's test is given in languages other than English? Does this mean we have licensed drivers on our streets who can't read traffic signage? Talk about short on skill, it seems that the Chinese have nothing on us here.

Last: Regulations, or shall we say testing measures, are very loose here, as they are in China.

The result is not only the traffic congestion that we face every day because there are so many licensed drivers, but a vast number have little or no skill and don't obey simple traffic rules.

This is a direct result of and another example of poor government management. Pass that along to Beijing.

Kaho'olawe provides answer to problems

I read with interest the April 28 article detailing the plan by the Kaho'olawe Island Reserve Commission to rehabilitate the newly recovered island. I feel that Kaho'o-lawe's 45 square miles can be preserved as a cultural site and used for more practical and productive purposes.

Kaho'olawe has been out of Hawaiian cultural hands for over a century. Its lack of rainfall has always made it an inhospitable place. The natural water table, cracked by the bombing, doesn't help.

Today, landfills are filling up on all islands, and no one wants one in his backyard. Well, Kaho'olawe is in no one's backyard.

Fresh water is a perpetual and growing problem that this winter's rains can't fix. Hawai'i must face the fact that desalinization of ocean water is the only sustainable solution. Kaho'olawe has plenty of space.

Hawai'i needs to reduce reliance on fossil fuels to generate electricity. How much clean, renewable electricity could be generated at a Kaho'olawe-based wind farm?

State coffers are running thin, and necessary programs are not being funded. Again, Kaho'olawe appears to hold the answer — a great location for a casino. The tax revenue would fund a myriad of programs to make Hawaiian life better. I do not agree that a casino would ruin the spirit of aloha.

Hawai'i has been given a long-term solution to several problems. Let's not waste the opportunity.

Bottle bill is just one more tax on citizens

No matter how the special-interest groups label it, the bottle bill is nothing but another tax burden on Hawai'i's citizens. The bill places a 6-cent redemption fee on the sale of beverage containers, with a 5-cent refund being returned to the consumer.

We all have to buy groceries, which often will include beverage containers. A six-pack of soda that we pay no deposit on now will suddenly cost 36 cents more at the register. And that is only one six-pack! If we buy a case, it increases to $1.44.

How long will the 1-cent handling fee being kept by the state to run the program be enough? When will we be paying 2, 3, 5 or 10 cents to support this program? I do not believe our esteemed legislators will keep the handling fee at 1 cent very long. This is a potential slush fund for the state.

It won't be long until other taxes are added to the deposit fee. Just like the gas taxes we pay now. In fact, according to sections 342G-102 and -111 of the bill, the department can change the fee amount to be effective on Sept. 1 each year based on a redemption rate. If the redemption rate is 70 percent or less, dealers pay 1 cent per container. If greater than 70 percent, they pay 1 1/2 cents per container. This increase is passed on to us, the consumers. So the consumer is being penalized for making the bottle bill a success.

Frankly, I would have more faith in a bottle bill if it were being advocated by ordinary citizens instead of special-interest groups that have a selfish and intrinsic interest in the bill being implemented. These people make it seem un-American to be anti-bottle bill.

More police presence better than cameras

I read with thankful concern that Loretta Allen (Letters, April 7), her daughter and granddaughter escaped physical harm during their close call with racing (drunk?) drivers only days after the H-1 murders. Praise God.

I wonder, however, that when speed lust and alcohol are involved, if cameras would, in any way, have altered either incident. I personally believe that only concentrated police presence and ticketing along specific corridors (possibly rotating from week to week) will dissuade these lunatics.

Maybe it's time for a state highway patrol.

Hawai'i should show gratitude for military

As we celebrate Military Appreciation Month (May), I would like to share some of my observations and comparisons between Hawai'i and Killeen, Texas, the home of the Fort Hood army base.

I recently traveled to Killeen to welcome my son home from Iraq. As I traveled about and patronized the local businesses, I found it was extremely unusual not to see prominent signs supporting the troops. In Hawai'i, it is very unusual to see any sign supporting the troops. I started wondering how many business owners in Hawai'i could afford "The Price You Pay to Live in Paradise" if the military pulled out of Hawai'i.

I challenge all Hawai'i businesses to overtly and visually show support for the military stationed in Hawai'i, not just during Military Appreciation Month but also continuously throughout the year(s). The men and women in the armed forces are continually spending their money in your businesses. They are also continually ready to sacrifice their lives and much of their own personal freedoms to maintain your opportunity to own your businesses and enjoy the fruits of your labor.

I suppose a lot of our Hawai'i businesses are now struggling to replace the people who are being sent to Iraq, Afghanistan and other places about the world. Do you really want them to perhaps pass through Killeen, Texas, on their way home and see the great differences in how the community supports them and cares about their sacrifices? You may lose their business, and if you don't support them in meaningful ways, you should.

Felix far from being successful

Two paragraphs from the April 9 article "Court to end oversight of special education in 2005," which reports Judge David Ezra's comments at his April 8 hearing on the Felix consent decree, are worth repeating:

"I understand the pain the families of special-education children are going through in a way that some parents don't," Ezra said. "My middle daughter was born with severe birth defects and had to undergo 16 major operations, two of which lasted over 30 hours.

"I know the pain that goes with those kinds of disabilities, although my daughter is not a member of the Felix class. I know where those hearts (of families with special-education students) are."

I'm glad that Judge Ezra was able to afford to take care of his daughter and that he did so. His daughter and his entire family have suffered greatly as they managed her care over the years, and they clearly faced and overcame the challenges they encountered.

Nevertheless, I wonder if Judge Ezra can in any way understand the pain of parents who have been told that nothing would be done for their children, that even though their child has been identified with autism, the school would not pay for services necessary for the child to speak, learn to play with other children, or learn to live independently. I wonder if he can feel what it is like to be told that a child will have to be institutionalized and will never go to college even though the child is obviously bright and intelligent.

I wonder if Judge Ezra can feel what it is like to sell one's house and borrow money from relatives to pay for services that the state of Hawai'i is obligated to fund but won't. Or, if there is no house to sell, to watch a child grow older and deteriorate without services. Services that the child is entitled to under the law. I doubt he has any idea what this must be like.

I am not a parent, but I have worked with many parents in exactly this kind of situation. The newspapers and TV have documented their stories. The parents have testified at the Board of Education, and some have had to file due-process actions to obtain services. Many more parents are not willing or able to challenge the authority that should but did not provide an equal education for their children.

What the judge could have done and can still do is focus specifically on these children and not settle for "substantial compliance" with the consent decree, which means some compliance for many children and no compliance for others. Twenty percent of the children selected for recent testing were found to be incorrectly documented and were skipped. Were these the complex cases?

A number of parents have held throughout the 11 years of Felix that their children are still not getting services. Who will feel their pain besides their parents? We and Judge Ezra owe them more than just "substantial compliance."