Neighbor isle services
shutdown looms
But the state attorney general says
By Gary T. Kubota
exemptions would allow private contracts
Star-BulletinKAHULUI, Maui -- Wheelchair-bound Thomas Sipiora's emotions swing from fear to frustration when he thinks about the possible end of county-funded bus service that is his only way to the market and hospital. "The whole situation, I think, is mostly politics. You got the mayor's race, this race and that race. I think it has a lot to do with the governor's race. That's my opinion," said Sipiora, 67.
As a Thursday court decision nears, neighbor island counties appear ready to shut down some major health and safety services.
Caught in the middle between the counties and public employee unions are the elderly, disabled, handicapped, and poor. They have been put into an emotional limbo, not knowing whether their services will be cut.
Hundreds of them on Maui rely upon the county-contracted bus service to go to markets, the hospital and work.
"My phone has not stopped ringing off the hook," said Gladys Baisa, executive director of Maui Economic Opportunity Inc., a nonprofit group providing transportation. "I've been telling them I don't know. We have to wait and see."
Maui, Big Island and Kauai officials say they hope that on Thursday the Supreme Court will revise its decision banning a private contractor from operating a public landfill at Pu'uanahulu. Otherwise, they plan to close a number of related services to comply with the court's decision.
Honolulu Mayor Jeremy Harris and Gov. Ben Cayetano disagree with the counties' action.
State Attorney General Margery Bronster said the counties are overreacting and state law provides exemptions that allow private contracts for public services.
Bronster said law allows the counties to seek a legal opinion from the state attorney general's office about a contract and if dissatisfied, apply for a ruling from Circuit Court.
Corporation Counsel J.P. Schmidt said the attorney general's opinion offers Maui public officials no legal protection if they defend keeping a private contract despite a lawsuit.
"We still may be sued and government officials may still be held liable," Schmidt said.
Maui County Council members are scheduled to vote on whether to grant Mayor Linda Crockett Lingle's administration legal representation as individuals, if they are personally named in lawsuits.
Kauai, Maui and the Big Island are continuing to review more than 970 contracts worth at least $49.9 million to determine which may be exempt or affected by the court decision.
Meanwhile, United Public Workers union leader Gary Rodrigues yesterday said he plans to seek a temporary restraining order against Kauai County if it attempts to shut down the island's only landfill.
Rodrigues said he will ask the Circuit Court to place a two-month delay on the closure, until the union and county can reach an agreement about the operation of the landfill.
Some residents have said they are not pleased with what they see as political posturing before the gubernatorial elections in 1998.
Lingle and Harris have been mentioned as possible candidates for the seat occupied by Cayetano.
Bruce Anderson, state deputy director for environmental health, described the conflict between the unions and counties as a "fast track to disaster."
"Here we have a preventable problem that it seems everyone wants to avoid. It's like a standoff with the counties and union. Everyone's afraid to blink."
Anderson said if the landfill shuts down at Pu'uanahulu, the Big Island has the option of trucking trash to Hilo as a short-
term solution. He said, however, that if Kauai County closes the only landfill on the island, he sees "serious public health problems developing quickly."
Anderson said under state statutes, he would be unable to declare there was a clear and present danger to public health until it develops into one.
"I'm afraid we'd have to wait until a problem occurred and then make that declaration," Anderson said.
Star-Bulletin reporters Rod Thompson and Joan Conrow
contributed to this report.Included on the list of contracts being considered for voiding: Services affected
Big Island: An estimated 100 of the 424 contracts. They include road resurfacing, security guards at police holding cells, tree trimming, janitorial and courier services, and printing. Hawaii County also is looking at the potential elimination of 250 volunteer firefighters. An estimated 175 regular firefighters would have to be hired to replace the volunteers at a cost of $9 million in salaries.
