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The Honolulu Advertiser
Posted on: Monday, April 24, 2006

Take Kaloko review outside government

It's clear state Attorney General Mark Bennett has the ability to organize and lead an investigation into the disastrous dam failure on Kaua'i that killed seven and destroyed property. But Bennett's abilities are not at issue here.

The underlying issue is public confidence as we examine how this disaster happened and what can be done to ensure — to the best of our abilities — it does not occur again.

Given the state's direct role in maintaining our dams, the investigation would benefit from an independent inquiry. That investigator should also be clear of ties with previous state administrations, which might also have a measure of responsibility for the matter.

That's the only way to preserve public confidence in the process and in the outcome.

Thus, it is a good first step that Bennett has agreed in principle to name a special independent deputy to look into the Kaloko Dam breach and other matters. The deputy would be chosen from a list of names provided by the Legislature.

While the deputy would ultimately remain accountable to Bennett, this arrangement would avoid a situation where the state was, in effect, directly investigating itself. That adds to public confidence.

And public confidence is key when it comes to knowing that whatever institutional problems revealed by the failure of the Kaloko dam will be fixed.

Finding an independent source to review the Kaloko dam situation will not be easy. The answer might be a retired judge of impeccable reputation advised by experts from outside the state.

An independent and credible review will place us squarely on the right path aimed at ensuring that a similar tragedy never happens again.