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The Honolulu Advertiser
Posted on: Wednesday, September 10, 2008

VOLCANIC ASH
For true reform, voters must turn to ConCon

By David Shapiro

The two major lines of attack against holding Hawai'i's first Constitutional Convention since 1978 are that it would cost too much and that any needed changes to the state Constitution can be put forth by the Legislature.

Both arguments are suspect, but neither is getting much scrutiny in the run-up to a once-in-a-decade vote on whether to convene a ConCon.

A cost of $10 million or more seems to be the magic number for stoking voter resistance to a ConCon.

The Legislative Reference Bureau, whose bosses in the Legislature mostly oppose a ConCon as an invasion of their turf, blasted that number into the stratosphere with an estimate that a convention of 102 salaried delegates could cost up to $41.7 million.

This is sharply at odds with the findings of another panel headed by Lt. Gov. James "Duke" Aiona, which placed the top cost at $11.1 million. Aiona, a ConCon supporter, insists "Hawai'i can hold a fully operational, well-organized Constitutional Convention for under $10 million."

The only known number is that the highly productive 1978 convention with a similar number of salaried delegates cost a little more than $2 million, about $6.5 million in today's dollars.

That convention used borrowed government offices, which should also be the first option this time, but even if we have to add $3.1 million to the 1978 costs to rent office space as the LRB estimates, the total to match the budget of the last convention is still under $10 million.

The LRB's $41.7 million estimate is an extreme projection derived from a number of unlikely scenarios; however, it gives ConCon opponents the big number they need to scare voters in their ads.

In theory, it's true that the Legislature can take the initiative in putting constitutional amendments to reshape government on the ballot, but this hasn't happened often in practice.

Lawmakers are consumed by elections every two years and incapable of tackling the big-picture questions about whether government is properly structured to deal with the complex challenges of the 21st century.

Legislators have refused to consider needed reforms to fix education, modernize civil service and increase participation in our elections because the changes are contrary to their own interests and those of their special-interest backers.

As a result, our schools are forever failing, attempts to streamline government are thwarted by arcane work rules and we have the nation's lowest voter turnout.

Our local government is less representative of the people every year, with only 278 candidates for local office this year compared to 410 in 2002, and some 40 percent of incumbent legislators running unopposed.

This is a direct result of lobbying groups propping up incumbents who do their bidding with insurmountable campaign bankrolls — and this needs the attention of a ConCon more than anything else.

Legislators are never going to reform a stacked system that works to their own advantage.

The constitutional amendments put on the ballot by lawmakers tend to reflect their interests ahead of the public.

In 2006, they offered amendments to lift judicial age limits so the Republican governor couldn't appoint a new chief justice, restrict the governor's power and expand their own in appointing UH regents, and provide legislators with backdoor pay raises of 54 percent.

With the Legislature resistant to change, voters need a direct way to force the issue. Since we lack initiative, referendum and recall on the state level, a ConCon is the only way.

David Shapiro, a veteran Hawai'i journalist, can be reached by e-mail at dave@volcanicash.net. His columns are archived at www.volcanicash.net. Read his daily blog, Volcanic Ash, at http://volcanicash.honadvblogs.com.

David Shapiro, a veteran Hawai'i journalist, can be reached by e-mail at dave@volcanicash.net. His columns are archived at www.volcanicash.net. Read his daily blog at blogs.honoluluadvertiser.com.