Posted on: Saturday, May 21, 2005
New rules on Senate meetings upheld
By Derrick DePledge
Advertiser Capitol Bureau
Members of the state Legislature can meet at any time to choose their leaders, the state attorney general's office advised yesterday in an opinion that grew out of a messy coup attempt earlier this month in the Senate.
A two-thirds vote is required to call a special session and the governor also has the power to bring the Senate and House into session. The resolution added a section to Senate rules to specifically permit a majority to call a meeting to organize outside of the chamber's regular 60-day session.
The attorney general's opinion found that the Senate could meet at any time to choose leaders or adopt rules and the new leaders or rules would take effect immediately. Charleen Aina, a deputy attorney general, also wrote that she believed the courts would recognize such authority and would refuse to get involved in the internal affairs of another branch of government.
The opinion is not expected to have an immediate impact on the internal drama in the Senate, although leadership struggles are often unpredictable. Senate insiders said the opinion confirms that anyone seeking power needs a majority, or 13 senators in the 25-member chamber. Even though a majority voted for the resolution, indications are the senators who want to oust Bunda do not yet have the votes.
"My overriding concern has always been the stability and integrity of the institution," Bunda, D-22nd (North Shore, Wahiawa), said yesterday. "Although we anticipated the outcome, we asked for clarification from the attorney general so there would be no doubt or confusion over the rules in the event that the Senate is reorganized in the interim."
The clash between majority Democrats, according to staff and other observers, seems to be over power and strategic direction.
Gov. Linda Lingle and Senate Republican leaders have backed Bunda for what they describe as his fairness with the administration. The governor has said Bunda is preferable to some of his rivals, particularly Senate Vice President Donna Mercado Kim, D-14th (Halawa, Moanalua, Kamehameha Heights), and Senate Majority Floor Leader Clayton Hee, D-23rd (Kane'ohe, Kahuku).
"I'm sure Republicans will work with other senators to maintain honorable and balanced leadership," said Senate Minority Leader Fred Hemmings, R-25th (Kailua, Waimanalo, Hawai'i Kai).
Reach Derrick DePledge at ddepledge@honoluluadvertiser.com or 525-8070.
The Senate narrowly passed a resolution on the last day of the session that allows a majority of lawmakers to convene at any time to select leaders. The resolution was widely seen as a challenge to Senate President Robert Bunda, and his staff asked for legal advice about whether it was constitutional.
Robert Bunda
Senate Majority Leader Colleen Hanabusa, D-21st (Nanakuli, Makaha), a possible challenger to Bunda, said she could not predict what might happen but said there are still divisions within the caucus. "I think that the issues still remain but at this time I can't say what the time frame is or what people are planning to do," she said.
Colleen Hanabusa
