Monday, April 27, 2020
Life of the Land appeals denial of Kahuku Windmill motion
From today's press release:
Life of the Land filed a direct appeal to the Hawai'i Supreme Court on April 27 regarding the Public Utilities Commission's decision to deny its motion to void approvals related to the Kahuku windmills project.
Last September, Life of the Land filed a motion for relief with the Public Utilities Commission seeking to invalidate the approval of the Purchase Power Agreement between Hawaiian Electric and AES Corporation for the Na Pua Makani windmill project in Kahuku. Life of the Land argued that the project had failed to obtain site control within the approved timeline, that the Commission did not properly consider greenhouse gas emissions and that the cost for energy approved in 2016 was no longer reasonable or in the public interest.
On April 14, the Commission denied Life of the Land's motion arguing that it does not have jurisdiction to review previous approvals. Alternatively, the Commission ruled that the PUC approval empowered Hawaiian Electric and AES Corp to change to the terms of their approval without further PUC review or approval.
Life of the Land is seeking the high court's review for a number of procedural and substantive reasons. Most importantly, the Commission's decision is based upon the claim that the Commission can delegate the power to modify its approvals to private parties.
"The legislature has conferred broad power on the Commission to ensure that monopolies abide by the terms of their approvals. The Commission's self-limiting decision is erroneous and sets a dangerous precedent," said LOTL attorney Bianca Isaki.
"Delegating regulatory power to private developers to monitor themselves was rejected by the Hawai'i Supreme Court nearly forty years ago," said LOTL attorney Lance Collins.
Wednesday, April 15, 2020
Kahuku Mother Sues Board of Education over Secret, Closed-Door Meeting and Vote
This is a news release from attorney Lance Collins regarding action to remedy what appears to be a blatant refusal on the part of Hawaii's statewide Board of Education to follow the Sunshine Law.
Pending outcome of the court challenge, my comment would be that they very well understand the law. It's not as though this is an inexperienced board.
Kahuku, Oahu -- Sunny Unga, Kahuku resident and mother of public school
children, has filed suit against the Board of Education for holding a
secret, closed door meeting last February, that resulted in denying her
petition for rulemaking, violating the state Sunshine Law.
In January, Ms. Unga petitioned the Board of Education to adopt a new
rule that requires schools and libraries to hold a community meeting
before providing official comments regarding development projects
proposed within five miles of a school or library.
The petition came after it was discovered the Department of Education
raised no concerns about the close proximity of proposed windmills to
Kahuku Elementary -- other than "student will hear the windmills" -- in
its official comment for the Na Pua Makani windwill EIS.
Within weeks of receiving the official petition, the Board of Education
held a secret meeting behind closed doors where they deliberated and
voted to deny the petition. The Board did not provide notice of the
meeting to the public nor did it allow the public the opportunity to
testify before they made their decision.
After the Board held its secret meeting, they informed Ms. Unga that
they had denied her petition.
The Board admits they did not provide notice of the meeting and failed
to provide the public with notice of their decision. The Board instead
argues that it was allowed to pass an administrative rule which exempted
itself from the requirements of the Sunshine Law.
Ms. Unga is asking the First Circuit Court to void the Board's action
denying her petition, to require the Board to consider her petition at a
public meeting, and to invalidate the Board's rule attempting to exempt
itself from the Sunshine Law.
"The community asked the Board to consider transparency in Department of
Education decision-making regarding proposed developments around schools
and libraries. Sadly, the Board chose to reject it in a secret,
closed-door meeting," said Ms. Unga's attorney Bianca Isaki.
"The Sunshine Law is to ensure that the formation of public policy is
done in the open. No agency has the power to adopt a rule that exempts
itself from this mandate," said Ms. Unga's attorney Lance D. Collins.
Pending outcome of the court challenge, my comment would be that they very well understand the law. It's not as though this is an inexperienced board.
Kahuku, Oahu -- Sunny Unga, Kahuku resident and mother of public school
children, has filed suit against the Board of Education for holding a
secret, closed door meeting last February, that resulted in denying her
petition for rulemaking, violating the state Sunshine Law.
In January, Ms. Unga petitioned the Board of Education to adopt a new
rule that requires schools and libraries to hold a community meeting
before providing official comments regarding development projects
proposed within five miles of a school or library.
The petition came after it was discovered the Department of Education
raised no concerns about the close proximity of proposed windmills to
Kahuku Elementary -- other than "student will hear the windmills" -- in
its official comment for the Na Pua Makani windwill EIS.
Within weeks of receiving the official petition, the Board of Education
held a secret meeting behind closed doors where they deliberated and
voted to deny the petition. The Board did not provide notice of the
meeting to the public nor did it allow the public the opportunity to
testify before they made their decision.
After the Board held its secret meeting, they informed Ms. Unga that
they had denied her petition.
The Board admits they did not provide notice of the meeting and failed
to provide the public with notice of their decision. The Board instead
argues that it was allowed to pass an administrative rule which exempted
itself from the requirements of the Sunshine Law.
Ms. Unga is asking the First Circuit Court to void the Board's action
denying her petition, to require the Board to consider her petition at a
public meeting, and to invalidate the Board's rule attempting to exempt
itself from the Sunshine Law.
"The community asked the Board to consider transparency in Department of
Education decision-making regarding proposed developments around schools
and libraries. Sadly, the Board chose to reject it in a secret,
closed-door meeting," said Ms. Unga's attorney Bianca Isaki.
"The Sunshine Law is to ensure that the formation of public policy is
done in the open. No agency has the power to adopt a rule that exempts
itself from this mandate," said Ms. Unga's attorney Lance D. Collins.
Monday, April 06, 2020
Governor Ige's suspension of Hawaii's "Sunshine Law" during COVID-19 crisis does not allow gov't to hold secret meetings
Boards, commissions and city councils may believe the Governor's
suspension of 92F allows them to hold meetings or keep records out of the public view.
Not so.
Hawaii public interest attorney Lance Collins writes that although Hawaii's Gov. Ige suspended state law Chapter 92F, Haw. Rev. Statutes, "that provides a uniform procedure by which a member of the public may inspect and copy a government record as well as protect personal information," he points out that "It does not establish the right of members of the public to inspect and copy such records and it does not independently establish a duty of an agency to provide access. Those rights and duties are established by several constitutional provisions, the Charter as well as the common law."
Although Collins' letter references the Maui County Charter, he found the same basic provisions in the charters of each Hawaii county:
County of Hawai'i Charter
Section 10-3(d) Proposed Budget and Message Public Record
Section 10-4 Public Hearing on Operating and Capital Budget
Section 10-7 Budget Public Record
Section 13-20(a) County Records are Open to Public Inspection
Section 13-20(b) Council, Board and Commissions Meetings Open to Public
City and County of Honolulu Charter
Section 3-107(8) Council Meetings Open to the Public
Section 3-404(3) Ordinances Require Three Readings Including a Public
Hearing
Section 7-110 Public Hearings on Fixing/Adjusting Rates/Proposed Budget
of Board of Water Supply
Section 9-104(1) Council required to hold public hearing on proposed
city budget(s)
Section 13-105 Records Open to the Public
Section 13-106 Public Hearings; Notice Requirements
Section 17-107 Public Hearing on Proposed Budget of Public Transit Authority
County of Kauai Charter
Section 3.07(E) Council and Committee Meetings Open to the Public
Section 19.07(A) Proposed Budget Subject to Council Public hearing(s)
Section 23.08(A) County Records Open to Public Inspection
Section 23.08(B) Board and Commission Meetings Open to Public
Section 30.03(F) Electric Cooperative Board Meetings Open to Public
Download Open Government Requirements During Emergency from Disappeared News
Hawaii public interest attorney Lance Collins writes that although Hawaii's Gov. Ige suspended state law Chapter 92F, Haw. Rev. Statutes, "that provides a uniform procedure by which a member of the public may inspect and copy a government record as well as protect personal information," he points out that "It does not establish the right of members of the public to inspect and copy such records and it does not independently establish a duty of an agency to provide access. Those rights and duties are established by several constitutional provisions, the Charter as well as the common law."
Although Collins' letter references the Maui County Charter, he found the same basic provisions in the charters of each Hawaii county:
County of Hawai'i Charter
Section 10-3(d) Proposed Budget and Message Public Record
Section 10-4 Public Hearing on Operating and Capital Budget
Section 10-7 Budget Public Record
Section 13-20(a) County Records are Open to Public Inspection
Section 13-20(b) Council, Board and Commissions Meetings Open to Public
City and County of Honolulu Charter
Section 3-107(8) Council Meetings Open to the Public
Section 3-404(3) Ordinances Require Three Readings Including a Public
Hearing
Section 7-110 Public Hearings on Fixing/Adjusting Rates/Proposed Budget
of Board of Water Supply
Section 9-104(1) Council required to hold public hearing on proposed
city budget(s)
Section 13-105 Records Open to the Public
Section 13-106 Public Hearings; Notice Requirements
Section 17-107 Public Hearing on Proposed Budget of Public Transit Authority
County of Kauai Charter
Section 3.07(E) Council and Committee Meetings Open to the Public
Section 19.07(A) Proposed Budget Subject to Council Public hearing(s)
Section 23.08(A) County Records Open to Public Inspection
Section 23.08(B) Board and Commission Meetings Open to Public
Section 30.03(F) Electric Cooperative Board Meetings Open to Public
Download Open Government Requirements During Emergency from Disappeared News
