Sunday, May 31, 2009


Governor’s first and perhaps last quarterly Superferry report discovered

by Larry Geller

Brad Parsons, ever vigilant, has discovered that the governor has actually submitted one of the required quarterly reports that Act 2 required her to prepare and submit to the legislature.

Here is the link to Brad’s article and to the report.

The news that the governor had not provided the reports as required by law first appeared here on Disappeared News on March 12. I had asked for copies under Hawaii’s open records law and after a short delay was told that the reports did not exist. It seems that the next one was done, and it’s a good read for those still following this sad saga.

Reports are due for the life of Act 2, so there should be one more, though since the ferry isn’t operating, it presumably would not be very interesting. Act 2 expires in July.

I just reviewed the report briefly tonight, but it seems to validate concerns about illegal items transported on the Superferry. It also gives a hint at some of the costs the state incurred in support of the ferry operation, costs that you and I paid as taxpayers (oh, Sen. Slom, you paid also, you know, willingly or unwillingly, and these are a small part of the total bill) (it’s like a “Superferry tax” and I know you are against taxes… (ha!)).

With the bankruptcy filing comes loss for the state and for taxpayers. The idea of bankruptcy is that the company will get to basically screw its creditors in order to live on and return to profitability. Even though the two ships may never return to Hawaii, the legal process allows the company this chance to recover. They could do anything they need to, whether or not Hawaii is involved in their plans.

It’s up to us, or rather, to the Lingle/Aiona administration, to evaluate the chances for recovery of any of the amounts owed to the state and to go after the money in bankruptcy court in Delaware. Yup, Hawaii Superferry is not a Hawaii company at all, it’s incorporated in Delaware.


I don't think they have to do any more quarterly or annual reports since Act 2 was struck down, but at least they did one of them. Act 2 is not law anymore, as it never should have been.

By the layout, organization, and writing of the one quarterly report, I can tell it was written by Mike Formby or his assistant. Mike's had to clean up other people's mess a lot on this one.

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