Editorials
Friday, May 2, 1997THE Legislature's failure to pass a bill clarifying the state and county governments' right to hire private companies to perform services could mean big problems, problems the counties in particular are unequipped to handle. Privatization problem
must be addressedThe problems arose when the state Supreme Court voided a Hawaii County contract with a private firm to operate its West Hawaii landfill. The court ruled that provisions in the state Constitution and the civil service law prevented services that have been "customarily and historically provided by civil servants" from being privatized.
The ruling casts a shadow on the validity of hundreds of contracts throughout the state. Maui Mayor Linda Lingle, warning that she will be forced to cancel many such contracts unless the Legislature deals with the problem, is urging a special session.
But neither Governor Cayetano nor the leaders of the two houses are disposed to call one at this point. House Speaker Joe Souki said he would be willing to have a special session but only if the Senate changed its position.
It's difficult to gauge the extent of the problem because much depends on the public employee unions. It was a suit by the United Public Workers that resulted in the decision in the Big Island landfill case. Presumably the unions would have to contest each contract separately in court, and the union leaders say they intend no all-out assault on these contracts.
Nevertheless the law must be clarified quickly in order to end the uncertainty that the landfill ruling has created. Unfortunately the Senate, afraid of antagonizing the unions, produced a bill that the neighbor island mayors considered worse than nothing at all, and it was killed in the House.
Aside from all the other potential difficulties, the landfill problem alone is serious. If Hawaii County is forced to close the privately operated Pu'uanahulu landfill in West Hawaii, all solid waste will have to be transported to Hilo.
But the Hilo landfill, which is staffed with county employees, was to be closed last year because it does not meet current sanitary standards. The state Health Department gave the county a one-year conditional extension to accept solid waste at the Hilo landfill. The extension could be stretched for a maximum of one more year.
Moreover, Hawaii County Managing Director Bill Davis said the county doesn't have enough trucks to haul trash from Kona to the Hilo landfill. But with no other choice, the county would have to try to move at least part of it to Hilo.
On Kauai, Bob Mullins, administrative aide to Mayor Maryanne Kusaka, said the county doesn't have the permits or the personnel to operate its landfill. Kusaka asked the governor to declare a state of public health emergency to keep the landfill open.
Meanwhile, the county would try to fast-track its permits through the state Health Department and train workers. And there's a related problem of legal liability that the county would have to assume.
The Legislature had ample warning of the need to act, but dropped the ball because of union opposition. If the counties can't dispose of trash or perform other services because of the Supreme Court ruling and legislative inaction, the resulting public outrage may force an abrupt about-face in the state Capitol — and a backlash against union domination.
AFTER 18 years of Conservative rule, Britain has returned the Labor Party to power, but it is a far cry from the Labor Party of old. The socialist doctrines that once dictated party policies have vanished, leaving little to differentiate Labor and Tory. British voters seemed more intent on replacing a government plagued by sex scandals than changing the country's domestic or foreign policies. Labor Party victory
No political upheaval is expected in Britain, nor is one promised. Blair offers the vague promise of "only what we deliver, and we will deliver what we promise." Most of what Blair seems to promise is stability. In Britain's healthy economy, nothing is wrong with that.
Rupert E. Phillips, CEO
John M. Flanagan, Editor & Publisher
David Shapiro, Managing Editor
Diane Yukihiro Chang, Senior Editor & Editorial Page Editor
Frank Bridgewater & Michael Rovner, Assistant Managing Editors
A.A. Smyser, Contributing Editor
