Neighborhood Commission
CITY AND COUNTY OF HONOLULU
MINUTES OF REGULAR MEETING
APRIL 9, 2002
CITY COUNCIL CHAMBERS
CALL TO ORDER AND INTRODUCTION OF COMMISSIONERS: Chair Iwamoto at 6:30 p.m. A quorum was present.
ATTENDANCE:
COMMISSIONERS PRESENT: Kalene Shim Sakamoto, Ray Galas, Sally Amantiad, Karen Iwamoto, Benjamin Sanchez, Benjamin Gudoy.
COMMISSIONERS ABSENT: Margaret Murchie.
STAFF: Sheri Kajiwara, Dean Chu.
GUESTS: Pamela Lee Smith (Ewa Neighborhood Board No. 23), Garry Smith (Ewa Neighborhood Board No. 23), Mary Miyashiro (Ewa Neighborhood Board No. 23), Tesha Malama (Ewa Neighborhood Board No. 23), Earl Arakaki, Clifton Takamura (McCully-Moiliili Neighborhood Board No. 8), John Kato, Jeff Alexander (Ewa Neighborhood Board No. 23), Deb Hendricks (BPCA), Debbi Glanstein (Kailua Neighborhood Board No. 31), Tom Heinrich (Manoa Neighborhood Board No. 7), Faith Evans (Kailua Neighborhood Board No. 31).
PUBLIC INPUT:
McCULLY-MOILIILI NEIGHBORHOOD BOARD UPDATE _ Board member Clifton Takamura reported the following:
1. His Board has vacancies that remain to be filled in subdistricts 1 and 3.
2. Two committees are working on a redistricting plan to reduce the number of Board seats and hopes that the plan will be completed in June.
BOARD MEMBER TESTIMONY _ Kailua Neighborhood Board No. 31 Chair Faith Evans reported that her Board's members do comply with the law that when testifying, such as before the State legislature, that they only represent positions taken by the Board. Such was the case when Board members Carroll and Corcoran testified that the sunshine law should apply to Vision Teams. The Board had taken a position in September 1999.
APPROVAL OF MINUTES FOR MARCH 12, 2002 NEIGHBORHOOD PLAN COMMITTEE MEETING _ Commissioner Ray Galas moved and Commissioner Kalene Shim Sakamoto seconded that the minutes be approved. The motion carried unanimously.
APPROVAL OF MINUTES FOR MARCH 12, 2002 REGULAR MEETING MINUTES _ Commissioner Ray Galas moved and Commissioner Kalene Shim Sakamoto seconded that the minutes be approved. The motion carried unanimously.
ANNOUNCEMENTS:
Chair Karen Iwamoto noted correspondence received has been provided to Commissioners. Included is a letter from Teresa Russell, Chair of the Liliha/Alewa/Puunui/Kamehameha Heights Neighborhood Board No. 14, regarding the Board's redistricting plan.
COMMISSIONERS' REPORTS:
COMMISSION CHAIR _ Chair Karen Iwamoto had no report.
COMMISSION MEMBERS, NEIGHBORHOOD BOARD MEETING OBSERVATIONS _ Commissioner Ray Galas encouraged use of the Neighborhood Board web sites, including the bulletin boards.
Commissioner Sally Amantiad reported attending last month's North Shore Neighborhood Board meeting.
Chair Karen Iwamoto reported she attended last month's Palolo Neighborhood Board meeting and that this Board continues to have difficulty in filling vacancies.
EXECUTIVE SECRETARY'S REPORT _ Executive Secretary Ben Kama was unable to attend the meeting. Chair Karen Iwamoto reported the following:
1. The City Council has named Roy Wickramarantha, to fill a vacant seat on the Neighborhood Commission. Also, Chester Koga has declined to have his name submitted to fill the other vacant seat on the Commission.
2. The Commission's budget for the next fiscal year is $988,173.00, and includes funding for the upcoming Neighborhood Board elections.
3. Work continues with staff on improving office services.
4. Workshops on Neighborhood Board's powers, duties and functions; are being planned for May.
Commissioner Ben Sanchez arrived at this time.
UNFINISHED BUSINESS:
NEIGHBORHOOD PLAN REVISION UPDATE _ Chair Karen Iwamoto reported that the Second Draft Revised Neighborhood Plan will be ready for printing and distribution the week of April 22. Sufficient time for review will be allowed, then workshops for the Commissioners, Board members, and other interested parties will be held in late May or early June. All interested persons are encouraged to attend the workshops. Then a workshop will be conducted in an open forum format.
NEW BUSINESS:
MOTION TO FILL THE POSITION OF COMMISSION VICE-CHAIR _ Commissioner Ben Sanchez nominated Commissioner Kalene Shim Sakamoto. Commissioner Galas seconded the nomination. Commissioner Sally Amantiad nominated Commissioner Ray Galas. Commissioner Benjamin Gudoy seconded the nomination. Commissioner Ray Galas declined the nomination. There were no other nominations. Commissioner Kalene Shim Sakamoto was unanimously elected.
EXECUTIVE SESSION _ Commissioner Ray Galas moved and Commissioner Kalene Shim Sakamoto seconded that the Commission go into executive session, pursuant to Hawaii Revised Statutes Section 92-4 and 92-5(a) and (8) for the purpose of consulting with the Neighborhood Commission's legal counsel on
questions and issues pertaining to the commission's powers, duties, privileges, immunities and liabilities, especially in relation to the complaint proceeding which follows on the agenda. The motion carried unanimously.
The Commission went into executive session at 6:55 p.m. The Commission ended the executive session at 7:35 p.m.
David Tanouye, from the City Corporation Counsel's Office, reviewed the process for the complaint hearing process to follow. The process includes the complainant and respondent making opening statements; the complainant making a presentation, including the calling of witnesses; the respondent making a presentation, including the calling of witnesses; closing statements, then discussion by the Commission.
Chair Karen Iwamoto noted that the complaints are filed against the Ewa Neighborhood Board, not any individual.
COMPLAINT HEARING IN THE MATTER OF PAMELA SMITH AGAINST THE EWA NEIGHBORHOOD BOARD (MARCH 15, 2001) _ Pamela Smith reviewed the complaint, a letter read by the then-chair of the Board, Mary Miyashiro, and a letter of response to the complaint from Miyashiro.
Pamela Smith reported that the complaint concerns the then-chair Miyashiro's actions of reading a letter at the Board's March 8, 2001 Regular Meeting, relating to actions occurring at a Parks Committee meeting of the Board. Smith contended that this action was inappropriate and was intended to discredit both herself and husband Garry Smith prior to the Neighborhood Board elections. The letter read by Miyashiro was anonymous, signed John or Jane Doe, accused both Pamela and Garry Smith of criminal conduct relating to the unauthorized release of resident's John or Jane Doe's personal information. Miyashiro reported at this meeting that the John or Jane Doe was a legal name.
Tesha Malama, who was on the Board at the time this event occurred, and is a current member, was called as a witness and said she was opposed to the reading of the John or Jane Doe signed letter, and questioned giving any credence to the letter. Malama also questioned the chair's judgement in the reading of the letter.
Commissioner Kalene Shim Sakamoto questioned, and Tesha Malama reported that it is normal procedure for receipt of letters to be noted at the Board meetings.
Commissioner Ben Sanchez expressed that he did not believe it was appropriate to have read the letter aloud.
Mary Miyashiro, the then-chair of the Board, reported that the letter she read was from resident C.C. Curry, who was upset at the release of her personal information on a flyer distributed in the community by Pamela and Garry Smith, and that as a result of the flyer, Curry received threatening telephone calls.
In response to questions from Commissioner Ray Galas, Miyashiro reported that the Board took action to deny a complaint relating to the release of the personal information, and that no names of candidates for the Neighborhood Board elections were mentioned at this meeting, and that Curry has not attended meetings of the Board since out of fear.
Closing statements followed:
Pamela Smith reported that the flyer, which related to a Vision Team project, did not contain Curry's telephone number, which is available on the internet. The flyer encouraged interested persons to write to Curry, who opposed a skateboard park.
Pamela Smith also stated that the actions by Miyashiro were an attempt to discredit herself and husband Garry Smith in their candidacy for then in-progress Neighborhood Board election.
In response to a question from Ray Galas, Pamela Smith reported that she did not try to resolve this matter with Miyashiro at the meeting, or by other means.
Mary Miyashiro reported that she is not malicious or vicious, does not do malicious things at Board meetings, and the Board did not act maliciously on this manner.
Tesha Malama reported that there was no effort made at the Board meeting to legitimize the complaint by Curry about being terrorized.
Jeff Alexander, a member of the Board at the time of this incident and the current Chair of the Board, stated he opposed this matter. Alexander was ruled ineligible to speak to this matter by David Tanouye as Alexander was not a listed witness, and Pamela Smith opposed allowing him to speak.
Commissioner Kalene Shim Sakamoto moved and Commissioner Benjamin Sanchez seconded that the Commisison deny the complaint. Discussion followed. Commissioner Kalene Shim Sakamoto stated her belief that it was improper to read the letter, but no violation of the Neighborhood Plan occurred. Commissioner Ray Galas noted that other options were available and believed there was no violation of the Neighborhood Plan. The motion carried unanimously.
COMPLAINT HEARING IN THE MATTER OF GARRY SMITH AGAINST THE EWA NEIGHBORHOOD BOARD (MARCH 15, 2001) - Garry Smith reported that there were violations made at the Board's March 8, 2001 Regular Meeting, by the then-chair Mary Miyashiro, relating to an agenda item that he and wife Pamela Smith were to be sanctioned, and that these actions have damaged his reputation, and that these actions were an attempt to discredit them prior to the then in-progress Neighborhood Board election.
Smith reviewed exhibits including a chronology of events. Smith noted a copy of a letter from the Neighborhood Commission to Mary Miyashiro regarding the inappropriateness of having an agenda item to sanction a Board member. He noted that Olelo broadcast the March 8 meeting 12 times, compared to the usual two. The originally scheduled the April Board meeting, which was just before the deadline to submit Neighborhood Board election ballots, would have given him an opportunity to respond to charges made at the March meeting, but it was cancelled. Smith feels that the action by Mary Miyashiro was a political activity, which is not permitted under the Neighborhood Plan.
In response to a question by Commissioner Ray Galas, Garry Smith responded that a motion made at the Board's February 2001 meeting was understood by those present to address the complaint by Curry. He noted that there is no provision in the Neighborhood Plan to sanction a member, and that Mary Miyashiro should, as a long time Board member, have known this.
Tesha Malama reported on a conversation with Patty Teruya, of the Neighborhood Commission, and noted that Teruya advised Mary Miyashiro not to place the sanction item on the agenda. However the item was placed on the agenda, which was mailed to some 250 persons on the Board's mailing address, and doing so has hurt Garry Smith's reputation.
Chair Karen Iwamoto noted that the item was removed from the agenda at the meeting.
Tesha Malama noted there is a need to resolve Mary Miyashiro's abuse of power.
At this time Pamela Smith was denyed an opportunity to speak to this matter as a witness as her name was not on the witness list. Other listed witnesses, including Neighborhood Commission Office Executive Secretary Ben Kama, and staff member Patty Teruya, were not present at this meeting.
Discussion followed, where David Tanouye advised that it was the responsibility of the complainant and respondent to have their witnesses attend this meeting.
Mary Miyashiro reported the concern by C.C. Curry was brought up at the Board's February 2001 meeting and a motion was passed to place it on the agenda. Miyashiro also noted that Ben Kama told her it was appropriate to place this item on the agenda, and that Patty Teruya told her that if the Board authorized placing this item on the agenda, it was appropriate to do so.
Mary Miyashiro also noted that according to its schedule, Olelo broadcast the March 2001 meeting seven times. She also noted that she was not aware of the complaints the Smiths filed in March until after the April meeting was cancelled, and that an extension for the Board to respond to the complaint was granted by the Neighborhood Commission Office. When the Board did address the complaints, the votes carried by 7-2, 5-3-1 and 5-4 margins.
In response to a question, Sheri Kajiwara reported that only Executive Secretary Ben Kama has the authority to determine what is and is not an appropriate item to place on an agenda.
Mary Miyashiro noted that the Smiths could have political motivations for claiming Miyashiro had such motivations.
Closing remarks followed.
Garry Smith noted Olelo was only supposed to broadcast the Board's March meeting twice, not seven times; that he had a right to say what he wanted concerning the skateboard park that Curry opposed. He noted there is an error in Mary Miyashiro's reports made about the vote count at the Board's February meeting as he would not have voted in favor of an agenda item to sanction himself. Mary Miyashiro should have known the Neighborhood Plan.
Mary Miyashiro noted that the use of the Board's name on the flyer distributed by the Smiths gave the impression that the flyer was created by the Board, which it was not.
Commissioner Ray Galas moved and Commissioner Kalene Shim Sakamoto seconded that the discussion be closed. The motion carried unanimously.
Discussion followed on the need for future clarification to complainants and respondents that they are responsible for securing their own witnesses for complaint hearings, and what options the Commission has on this matter.
Commissioner Kalene Shim Sakamoto moved and Commissioner Sally Amantiad seconded that the Commission sustain the complaint. The motion failed to carry, 3-0-3. Yea: Kalene Shim Sakamoto, Sally Amantiad, Karen Iwamoto. Abstain: Ray Galas, Benjamin Sanchez, Benjamin Gudoy.
Discussion followed on the misunderstanding about who was responsible for securing witnesses and the possible impact their absence had on this matter. Commissioner Ray Galas moved and Commissioner Kalene Shim Sakamoto seconded that the Commission take this matter under advisement for Corporation Counsel to research it further. The motion carried unanimously. David Tanouye will research this matter.
Mary Miyashiro left the meeting at this time.
COMPLAINT HEARING IN THE MATTER OF EARL ARAKAKI AGAINST THE NEIGHBORHOOD BOARD NO. 23 (MARCH 21, 2001) _ Earl Arakaki noted the absence of his witnesses, including Neighborhood Commission Office Executive Secretary Ben Kama, and requested a continuance.
Commissioner Ray Galas moved and Commissioner Benjamin Sanchez seconded that the Commission accept the request for a continuance to the next meeting on May 14, and to allow revisions to be made to the witness list, which must be submitted to the Commission within five days. The motion carried unanimously. This request to revise the witness list will be communicated to Ms. Miyashiro so she will be afforded the same opportunity to revise her witness list.
COMPLAINT HEARING IN THE MATTER OF GARRY SMITH AGAINST THE EWA NEIGHBORHOOD BOARD NO. 23 (APRIL 11, 2001) _ Garry Smith noted the absence of witnesses, including Neighborhood Commission Office Executive Secretary Ben Kama, and requested a continuance.
Commissioner Ray Galas moved and Commissioner Kalene Shim Sakamoto seconded that the Commission support the request for a continuance to the next meeting on May 14. The motion carried unanimously.
COMMITTEE REPORTS:
EVALUATION _ Commissioner Ray Galas submitted the committee plan (attached) for the Commission to nominate members of Boards for five-year increments of continuous service, and for nominations by individual Boards for members with sustained leadership.
There were no other committee reports.
SCHEDULING OF NEXT NEIGHBORHOOD COMMISSION REGULAR MEETING _ Chair Karen Iwamoto reported the next meeting is scheduled for May 14, 2002.
ADDITIONAL ANNOUNCEMENTS: None.
ADJOURNMENT: Commissioner Ray Galas moved and Commissioner Kalene Shim Sakamoto seconded that the meeting be adjourned. The motion carried unanimously. The meeting was adjourned at 9:23 p.m.
Submitted by,
Dean Chu
Neighborhood Assistant
