Maui can
continue to use private
contracts temporarily

But contracts that have been
canceled will remain void

By Gary T. Kubota
Star-Bulletin

WAILUKU -- Maui County will be able to continue most of its private contracts, but those that have been canceled will remain void under a ruling issued today.

Circuit Judge Boyd Mossman ruled to continue a temporary restraining order this morning. On July 1, he will hear arguments on the whether the county's agreements with private contractors who perform government services should continue.

Today's case centered on nine kinds of agreements that would affect an estimated 250 county contracts.

The Maui ruling was the first of three expected today.

Judges on the Big Island and Kauai are also scheduled to rule on the use of private contracts for government services.

At stake are millions of dollars and hundreds of jobs throughout the state, including almost $700,000 to Ka Lima O Maui, which hires disabled people to maintain some Maui County parks.

"It's crucial. It's over 40 percent of our annual budget," said Chantal Ratte, Ka Lima controller said before today's hearing.

The state Supreme Court ruled against the use of a private contractor to operate a county landfill on the Big Island, prompting other counties to take action on similar contracts.

On Kauai, Mayor Maryanne Kusaka is seeking a temporary restraining order to allow 13 private contracts to continue until expiration.

On the Big Island, Hawaii County is asking the courts to rule on how its landfill decision will affect 31 private contracts.

While Kauai and the Big Island face the prospect of shutting down landfills operated by private contractors, Maui is measuring the cost of maintaining a park system without private contractors.

As a temporary measure, Maui County is paying overtime to employees and has closed restrooms at 17 parks, replacing them with portable toilets.

The temporary measures will remain in effect until the July 1 decision.

"This is what we wanted to accomplish in the hearing," Maui Corporation Counsel J.P. Schmidt said this morning.

United Public Workers union leader Gary Rodrigues said he felt the judge's ruling today was reasonable.

Mossman asked for both sides to give him written memorandums arguing the merits of their cases. He declined to rule on a preliminary injunction requested by the county, which would have protected the contracts.

While neighbor island mayors took an adversarial approach in determining how privatization applies to them, Gov. Ben Cayetano and Honolulu Mayor Jeremy Harris have assumed a wait-and-see attitude.

Harris and Cayetano said the neighbor island mayors were overreacting the the Big Island landfill decision.

Maui canceled 50 private park maintenance contracts two weeks ago.