honoluluadvertiser.com

Sponsored by:

Comment, blog & share photos

Log in | Become a member
The Honolulu Advertiser
Posted on: Thursday, June 12, 2008

COMMENTARY
ConCon vote requires thoughtful analysis

By Jim Shon

I've been through a ConCon. I know a little about the grand hopes, the frustrations, the challenges. Do I think it's a good idea now? Part of me does, and part of me is not so sure.

The Constitution is the basic backbone, organizational skeleton and social DNA of our Hawai'i. The powers and duties of the state, the counties, the status of Native Hawaiians, individual rights, fundamental principles — these are what constitutions are all about. I have heard many voices who would want to achieve in a ConCon what seems difficult in the Legislature. It is tempting, but the convening of a ConCon ought to be more than tinker here, end run there.

On the plus side, of course I have some amendments I'd like to see debated. I think the way we govern public education needs a new look, from whether a Board of Education should be appointed, to whether they should have some ability to raise and control tax revenues. I'd like to see some guarantees that all public schools and students get treated equitably — with no "second class" group that has to beg for fairness. I'd personally like to have a discussion over a separate charter school board. A collective and thorough debate over public education is one of the opportunities that ConCons can offer.

I also would to see a thoughtful debate over amendments to our democratic process, from openness, to ethics, to public financing, to use of the Internet and teleconferencing to allow all our citizens, especially those on the Neighbor Islands, to participate without flying or boating to O'ahu. For people who work during the day, participation is often out of the question. I think we might consider a complete break between when legislation is introduced to when committees start their hearings —especially to let the community study the bills, have informational meetings, and engage in a more knowledgeable process. Initiative deserves another look now that so many are able to participate in cyberspace without the intervention of large contributions.

Our counties have matured. The largest public works project in our history — rapid transit — is primarily a county issue. To pay for most county services, we rely on one revenue strategy — taxing your home. Shelter is so basic to family life that to put the burden on this essential need is unreasonable. One guy on the block sells for a high price and everyone suffers. Should the counties have other options for raising revenues, hopefully more progressively than property taxes? County autonomy from the state may be an issue whose time has come.

But I am not naive. In 1978, we were riding the waves of grassroots movements on the environment, a Hawaiian renaissance, land-use protection, state planning and open government. Citizen participation was intense and widespread. I fear we may not have that kind of grassroots energy today, which could invite greater influence from narrow, well-financed interests. I could see the gaming industry throwing a lot of money at the ConCon. I could see others who don't really like workers rights trying to eliminate collective bargaining. Others have already declared intent to eliminate recognition of the special status of Hawaiians as a political, indigenous host culture.

If Hawai'i does vote for a ConCon, it could be an opportunity to really do this right. I see the possibility of demonstrating through the convention teleconferencing for public input and even for Mainland experts, use of the Web to be more transparent on every level. Even the build-up to the convention could go well beyond the limited issues research that was available in 1978.

We must be thoughtful and careful about our most fundamental document.

Before deciding to support or oppose a ConCon, perhaps each of us has an obligation to actually read the State Constitution. If we are not willing to read it and identify what we might want changed, perhaps we are not ready for a ConCon. And if people are worried about the relatively minor cost, and if a community discussion over democracy and constitutional issues are not something you value, then by all means, vote "no."

Jim Shon was a 1978 ConCon delegate. He wrote this commentary for The Advertiser.