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REGULAR MEETING MINUTES OF
TUESDAY JANUARY 11, 2005 6:30 P.M.
CITY COUNCIL CHAMBERS, HONOLULU HALE, 3RD FLOOR
530 SOUTH KING STREET, HONOLULU, HAWAII 96813
CALL TO ORDER AND COMMISSIONER ROLL CALL: Chair Roy Wickramaratna called the meeting to order at 6:30 p.m. Kelley Santiago administered the Commissioner roll call. A quorum was established with six members present.
MEMBERS PRESENT: Roy Wickramaratna, Ed Gall, Tom Heinrich, Jeanette Nekota, Pohai Ryan, Clara Ching, and Kalene Sakamoto (late).
MEMBERS ABSENT: Ben Gudoy and Ben Sanchez.
GUESTS: Kaneohe Neighborhood Board No. 30 members: Bill Sager, Roy Yanagihara, and Glenn Ida. Waipahu Neighborhood Board No. 22 members: George Yakowenko, Andy Anderson, and Marty Burke. McCully/Mo`ili`ili Neighborhood Board No. 8 members: Clifton Takamura and Ron Lockwood. Makakilo/Kapolei/Honokai Hale Neighborhood Board No. 34 members: Maeda Timson, Mike Golojuch, Linda Young, and Kioni Dudley. Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board No. 5 members: Karen Ah Mai, Barbara Miller, Bert Narita, Linda Wong, and Michelle Matson. Kathleen Pahinui (North Shore Neighborhood Board No. 27), Keoki Leong, Daisy Murai, Janet Inamine, Albert Furuto, Michael Golojuch, Jr., David Pagan, Doris Dudley, and Jennifer Waihe`e (Deputy Corporation Counsel).
STAFF: Executive Secretary Ben Kama, Sheri Kajiwara, Terry Morris, and Kelley Santiago.
Chair Wickramaratna made the following announcements:
(1) Welcome to new Neighborhood Commission member Tom Heinrich, who was appointed by the City Council on December 1, 2004 for a term to end on June 29, 2005, subject to reappointment.
(2) Executive Secretary Ben Kama is retiring on January 15, 2005 after 20 years of service with the City and County of Honolulu. On behalf of the commission, Pohai Ryan thanked Kama for his dedicated service to the people of Honolulu, his years of leadership of the Neighborhood Board System, and wished him well. Kama was acknowledged for being the heart and soul of the Neighborhood Board System.
Kama thanked the former and current Mayors, Jeremy Harris and Mufi Hannemann, and the City and County of Honolulu for allowing him to serve as Executive Secretary. He added that he enjoyed his job and appreciated working with the Commission members and the Neighborhood Boards.
(3) All speakers will be limited to three (3) minutes for their remarks.
(1) Clifton Takamura thanked Ben Kama for his service to the Neighborhood Commission and the McCully/Mo`ili`ili Neighborhood Board, and bid him best wishes.
(2) Albert Furuto stated his disappointment with and opposition to the appointment of Tom Heinrich to the Neighborhood Commission. Furuto also stated that he was upset about an earlier decision made by Ron Lockwood, Chair, McCully/Mo`ili`ili Neighborhood Board No. 8, to replace the Subdistrict Boundaries Committee chair, especially as the committee has had meetings. Furuto asked whether a board chair had the authority to remove a committee chair.
(3) Ron Lockwood explained that the committee chair was replaced because of her frequent absences from
board meetings (having missed 10 of 18 board meetings during the present term) and failure to duly notice and
convene a public committee meeting in the several months since the committee was established. A committee
meeting has been scheduled by Lockwood for January 27, 2005, and all interested persons are welcome to
APPROVAL OF REGULAR MEETING MINUTES OF JULY 13, 2004, OCTOBER 12 & 19, 2004, AND NOVEMBER 9, 2004:
Heinrich stated that he would abstain from voting on the approval of and any corrections to these four sets of minutes, as this is his first meeting as a commissioner and he was not serving on the commission at the time of these four meetings.
November 9, 2004: The following correction was made:
Page 3, COMMISSIONER REPORTS, should read: "Gall reported that he was unable to attend any board meetings as he was on the mainland for a time and was also attending the HPD Police Business Academy."
Gall moved, seconded by Nekota, to approve the November 9, 2004 meeting minutes as amended. The motion carried by a vote of 5-0-1. Ayes: Ching, Gall, Nekota, Ryan, Wickramaratna, Abstention: Heinrich.
July 13, 2004: The following corrections were made:
1. The date in the heading on pages 2 to 11 should read "July 13, 2004" and not "July 7, 2004".
2. Concerns were expressed about the lack of clarity in the order of motions at the bottom of page 10. Kama explained that there were problems with the audio recording, portions were inaudible, and not all of the speakers were able to be clearly identified. After further discussion, Ching was encouraged to submit any amendments to page 10 in writing at a later time.
Nekota moved, seconded by Ryan, to approve the July 13, 2004 minutes subject to future amendment at page 10. The motion carried by a vote of 5-0-1. Ayes: Ching, Gall, Nekota, Ryan, Wickramaratna, Abstention: Heinrich.
October 12, 2004: The following correction was made:
Page 1, Commission Concerns, should include: "Ching stated that she received two copies and presented them to the Commission with the address label still attached."
Nekota moved, seconded by Ryan, to approve the October 12, 2004 meeting minutes as amended. The motion carried by a vote of 5-0-1. Ayes: Ching, Gall, Nekota, Ryan, Wickramaratna, Abstention: Heinrich.
October 19, 2004: Ryan moved, seconded by Nekota, to approve the October 19, 2004 meeting minutes as presented. The motion carried by a vote of 5-0-1. Ayes: Ching, Gall, Nekota, Ryan, Wickramaratna, Abstention: Heinrich.
ANNOUNCEMENTS & CORRESPONDENCE: None.
1. Gall reported that he attended the Manoa Neighborhood Board meeting on January 5, 2005, at which Tom Heinrich resigned as a member and Chair of the board due to his appointment to the commission.
2. Ching raised concerns that the meeting minutes of the Manoa Neighborhood Board have not been provided to the board for approval since April 2003.
Kama explained that a draft of the minutes is done by the board's neighborhood assistant and then given to the chair for his review and correction. Upon approval from the chair, the minutes are copied and distributed to the board's mailing list and posted on the board's website for public viewing. If the chair does not submit his corrections, then the draft as done by the neighborhood assistant is posted on the website. The draft minutes have in all instances been timely prepared and available for public review at the Neighborhood Commission Office as required by law.
Ching stated that the Neighborhood Commission Office should establish uniform standards for preparing Neighborhood Board minutes.
3. Chair Wickramaratna reported that he attended the December 2004 meeting of the Pearl City
Neighborhood Board. The main discussion concerned traffic issues in the area.
1. Ching reported receiving a memo from Tom Heinrich of the Manoa Neighborhood Board stating his resignation as Chair and as a member of that board effective during the meeting of January 5, 2005, due to his appointment by the City Council to serve on the Neighborhood Commission. The memo also indicated that serving concurrently on both the Commission and the board may raise conflicts of interest. Ching asked for clarification as to whether her concurrent service on the Commission and Manoa Neighborhood Board was permissible. Kama stated that it is allowed under the City Charter, but conflicts of interest may arise. Ching noted that her main interests were research and education. Heinrich further explained his memo to the Manoa Neighborhood Board members. Gall asked Ching if she would be a candidate for re-election to the Manoa Neighborhood Board this year; Ching stated that she would not, but would complete her present term to May 31, 2005.
2. Nekota questioned the status of providing Sunshine Law training for all neighborhood board members as now required by City ordinance. Kama stated that according to the City Corporation Counsel, the training would not be provided. Nekota asked for a response from the Corporation Counsel in writing, noting the distinction between the responsibilities of the Corporation Counsel and the Neighborhood Commission's Executive Secretary. Deputy Corporation Counsel Jennifer Waihee will follow-up on the matter.
EXECUTIVE SECRETARY'S REPORT: No report.
UNFINISHED BUSINESS: None.
Executive Session: Guests exited the room as the executive session began at 7:21 p.m. The executive session ended at 7:42 p.m. and the open meeting was reconvened.
Chair Wickramaratna announced that, if there were no objections, item 8.1 "NCO 2005-2006 Budget" would be moved to be the last item of New Business, and item 8.11 would be heard after item 8.8 as both complaints were based on similar concerns.
All speakers were reminded of a 3-minute time limit.
8:55 p.m. - Chair Wickramaratna called a recess. 8:57 p.m. - The meeting resumed. Ryan moved, seconded by Ching, for the reconsideration of Items 8.2 and 8.3. Chair Wickramaratna announced that the motion passed: 7-0-0. Aye (Wickramaratna, Ching, Heinrich, Gall, Sakamoto, Nekota, Ryan). Chair Wickramaratna ruled that Items 8.2 and 8.3 were again before the Commission.
Dudley spoke on Items 8.2 and 8.3, explaining that he was not guilty of sexual harassment; Ryan explained that the Commission had not taken a position on sexual harassment but order-and-decorum. Heinrich moved, seconded by Nekota, that the Neighborhood Commission not accept a motion for reconsideration and that its decisions stand in Item 8.2 -- Kioni Dudley's Appeal of Commission's Decision on Complaint Filed by Linda Young Dated 2-12-04 Against NB #34 -- and Item 8.3 -- Kioni Dudley's Appeal of Commission's Decision on Complaint Filed by Maeda Timson Dated 2-17-04 Against NB #34B. Chair Wickramaratna announced that the motion passed: 7-0-0. Aye (Wickramaratna, Ching, Heinrich, Gall, Sakamoto, Nekota, Ryan).
ITEM 8.4. IMPOSITION OF REMEDY OF COMPLAINT FILED BY LINDA WONG DATED 2-13-03: Complainant Wong reviewed the issues of the complaint. Heinrich reported that Neighborhood Board No. 5 was deemed to have admitted to the complaint because the vote of six in favor, four opposed and three abstentions, with eight required to take a Board position. Wong asked that the Commission rule that the violations occurred; Nekota explained that the Commission has already voted on the violation. Heinrich moved, seconded by Gall, that the Commission dismiss Item 8.4 -- Imposition of Remedy of Complaint Filed by Linda Wong Dated 2-13-03 - at this time as the remedies that were suggested have already occurred. Chair Wickramaratna, at Ryan's request, allowed Wong to continue with a statement, reading from an Office of Information Practice Opinion Letter 04-01, which she defined as determining that the Board was in violation of the State's Information Practices law. Kama, Board Chair Ah Mai and commissioners discussed that the sunshine law violations are not the purview of the Commission. The prior consideration on this issue by the Commission was to include a training session and has also included a change in Board leadership. Heinrich amended his motion, seconded by Gall, that the Neighborhood Commission accepts the admission of Neighborhood Board No. 5 regarding the order-and-decorum concerns with no further imposition of remedies and expresses no opinion on the alleged sunshine law violations: there was no objection to the amendment. Chair Wickramaratna announced that the amended motion passed: 6-0-1. Aye (Wickramaratna, Ching, Heinrich, Gall, Sakamoto, Nekota), Abstention (Ryan).
ITEM 8.5. IMPOSITION OF REMEDY OF COMPLAINT FILED BY MICHAEL GOLOJUCH, JR. DATED 4-2-04 AGAINST NB #34: Chair Wickramaratna asked the complainant to explain the issues; Golojuch noted that the facts of the meeting have been reviewed by the Commissioners, including a video, and they have supported his complaint that NB #34 member Dudley is disrespectful to meeting attendees. Heinrich stated that the Commission is unfortunately unable to, under the provisions of the Neighborhood Plan, take many actions against an elected Board Member and asked what remedies the complainant might propose; Golojuch suggested anger management training might be appropriate. Commissioner discussion included that additional Parliamentary Procedure training for all Board Members - system-wide - be conducted, as well as other subjects like communication skills and decorum issues. Heinrich proposed the following motion: That the Neighborhood Commission accepts the complaint of Michael Golojuch without any further imposition of remedy. Heinrich noted that changes of the Neighborhood Plan are under consideration that might provide future options for the Commission, but that the current Plan limits any additional remedies; Kama announced that the planned Commission Office training sessions in May 2005 might be considered to be of benefit for all Board Members. Rayan moved, seconded by Ching, to accept the complaint of Michael Golojuch on Item 8.5 -- Imposition of Remedy of Complaint Filed by Michael Golojuch, Jr. Dated 4-2-04 Against NB #34 -- but defer any further implementation of remedy for six months for reconsideration after the Makakilo/Kapolei/Honokai Hale Neighborhood Board has received appropriate training in order-and-decorum and Parliamentary Procedure and communications skills. In discussion, without objection, the deferment time was extended to September 30, 2005. Board Member Dudley spoke against the passage of the motion, concluding with the use of vulgar language and abruptly leaving the meeting. Board Chair Timson noted that she had reported disorderly conduct over the past twelve months and that this complaint method was the only method available. Heinrich proposed that the Commission Office investigate having police officers in attendance at the next Board meeting, as well as see if language of the Neighborhood Plan be strengthened. Kama agreed to send a letter requesting attendance by police officers immediately. Chair Wickramaratna announced that the amended motion passed: 7-0-0. Aye (Wickramaratna, Ching, Heinrich, Gall, Sakamoto, Nekota, Ryan).
Ryan moved, seconded by Heinrich, that the Commission Executive Secretary immediately submit, with the Chair of the Commission, a letter to Mayor Hannemann asking that an HPD officer be on duty at all future regular meetings of the Makakilo/Kapolei/Honokai Hale Neighborhood Board No. 34. Commissioners added that the letter should include the minutes of this meeting, a description of the actions, and that the police officer should be present for the entire meeting. Kama noted that police officers had been requested for prior meetings - and that the HPD had assisted and provided officers -- but that this type of request for a continuing security would be answered as one that will require the Commission Office to hire security; the new Executive Secretary will have to review if the funds can be available. Heinrich suggested sending the letter immediately and forward the minutes later; he also acknowledged Michael Golojuch's participation in this issue. The motion passed unanimously, (Wickramaratna, Ching, Heinrich, Gall, Sakamoto, Nekota, Ryan).
ITEM 8.6. IMPOSITION OF REMEDY OF COMPLAINT FILED BY CAROLYN M. GOLOJUCH DATED 4-7-04 AGAINST NB #34A & ITEM 8.7. IMPOSITION OF REMEDY OF COMPLAINT FILED BY CAROLYN M. GOLOJUCH DATED 4-7-04 AGAINST NB #34B: Complainant Golojuch added that diversity training would effectively address disrespect and violations of order-and-decorum, as well as gay-bashing issues. Heinrich suggested that staff include diversity training for the prior motions and proposed that Items 8.6 and 8.7 be considered as one motion. Rayan moved, seconded by Nekota, to accept the complaint of Michael Golojuch on Item 8.5 -- Imposition of Remedy of Complaint Filed by Michael Golojuch, Jr. Dated 4-2-04 Against NB #34 -- and Item 8.7 -- Imposition of Remedy of Complaint Filed by Carolyn M. Golojuch Dated 4-7-04 Against NB #34B - but defer any further implementation of remedy until September 30, 2005 for reconsideration after the Makakilo/Kapolei/Honokai Hale Neighborhood Board has received appropriate training in order-and-decorum, Parliamentary Procedure, communications skills, and diversity. The motion passed unanimously, (Wickramaratna, Ching, Heinrich, Gall, Sakamoto, Nekota, Ryan).
ITEM 8.8. IMPOSITION OF REMEDY OF COMPLAINT FILED BY CALVIN K. KAWAMOTO DATED 9-10-04 AGAINST NB #22: Complainant Kawamoto noted, as a former Board chair, that he believes that the Neighborhood Board rules were important and that this violation is an important issue that the Commission should address (flyer against him for general election with current Neighborhood Board Chair identified by that title). Heinrich suggested that the language in Plan speaks only to the Board using the title but not to individuals using the identifier 'member' and that Corporation Counsel has repeated this interpretation. Respondent Anderson stated that he provided the picture but did not place his name or title on the photo and was not told that the title would be used. Heinrich moved, seconded by Gall, to defer final decision-making on Item 8.8 and refer to Corporation Counsel. Chair Wickramaratna announced that the motion passed: 6-0-1. Aye (Wickramaratna, Ching, Heinrich, Gall, Sakamoto, Nekota), Abstention (Ryan).
ITEM 8.11. IMPOSITION OF REMEDY OF COMPLAINT FILED BY GLENN S. IDA DATED 10-29-04 AGAINST NB #30: Complainant Ida noted the use of Board titles and photos of identified board members in campaign literature. Respondent Yanagihara noted that his participation was entirely voluntary without the use of any government resources and was proper within his freedom of speech. Heinrich moved, seconded by Gall, to defer final decision-making on Item 8.11 and refer to Corporation Counsel. Heinrich suggested that the Corporation Counsel could identify how the Commission might respond in considering the issues of freedom of political expression versus the use of a neighborhood board title. Chair Wickramaratna announced that the motion passed: 6-0-1. Aye (Wickramaratna, Ching, Heinrich, Gall, Sakamoto, Nekota), Abstention (Ryan).
ITEM 8.9. IMPOSITION OF REMEDY OF COMPLAINT FILED BY ALBERT H. FURUTO DATED 10-12-04 AGAINST NB #8: Chair Wickramaratna asked the complainant to explain the issues; Furuto requested that Heinrich be excused from participation on this issue, to which Chair Wickramaratna ruled that Heinrich could participate. Furuto explained that he was not allowed to speak on agenda items due to the Board having voted to recess prior to issues he wished to speak on. McCully-Moiliili Neighborhood Board Chair Lockwood reported that the Board voted 8-0 to deny the complaint but Board action requires a vote of nine to take a board position. Heinrich moved, seconded by Sakamoto, that the subject of Item 8.9 -- Imposition of Remedy of Complaint Filed by Albert H. Furuto Dated 10-12-04-- is dismissed on the bases of no violation of the Neighborhood Plan. Chair Wickramaratna announced that the motion passed: 5-1-1. Aye (Wickramaratna, Ching, Heinrich, Gall, Sakamoto), No (Nekota), Abstention (Ryan).
ITEM 8.10. IMPOSITION OF REMEDY OF COMPLAINT FILED BY ALBERT H. FURUTO DATED 10-12-04 AGAINST NB #8: Chair Wickramaratna asked the complainant to explain the issues. Furuto explained that he filed the complaint due to the need to make the issue know to the Commission prior to its decision-making on the redistricting issue. Kama noted that another complaint (on the issue of the Board not filling a vacant seat) will be brought up at another Commission meeting. Sakamoto moved to defer imposition of remedy in the matter of Item 8.10 -- Imposition of Remedy of Complaint Filed by Albert H. Furuto Dated 10-12-04 Against NB #8 - until September 30, 2005 by which time Neighborhood Board No.8 be able to attend training including issues of sunshine law, diversity, order-and-decorum and communication skills. Chair Wickramaratna announced that the motion passed: 5-1-1. Aye (Wickramaratna, Ching, Heinrich, Gall, Sakamoto), No (Nekota), Abstention (Ryan).
ITEM 8.1. NCO 2005-2006 BUDGET:Due to the lateness of the hour, without objection this item was deferred to the next meeting
Neighborhood Plan – Wickramaratna reported that Deputy Corporation Counsel Jennifer Waihee is continuing her review of the Draft Revised Neighborhood Plan 2005. No further committee action will occur until after the Corporation Counsel review is complete. Wickramaratna appointed Heinrich to serve as a member of this committee.
Budget – Sakamoto will coordinate with Nekota, Heinrich, and Terry Morris to schedule a committee meeting prior to the next commission meeting. The meeting place may be at Kapolei Hale.
Elections – No report, as Gudoy was not present.
Training – Ryan and Nekota reported that they would wait for the new City Administration to settle in before proceeding.
SCHEDULING OF THE NEXT NEIGHBORHOOD COMMISSION REGULAR MEETING: The next meeting is tentatively scheduled for Tuesday, February 8, 2005 at 6:30 p.m. at City Council Chambers, Honolulu Hale, 3rd Floor.
ADJOURNMENT: Without objection, the meeting was adjourned at 11:48 p.m.
|Monday, July 18, 2005|