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Kauai Council members
criticize hiring of
former lawmaker

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By Anthony Sommer
Star-Bulletin

LIHUE -- Former state Rep. and Kauai County Councilman Billy Swain has been working as a lobbyist for Kauai Mayor Maryanne Kusaka since the beginning of the legislative session. He has no signed contract, and no one knows how many hours he has worked.

Swain's assignment came as news to at least some members of the Kauai County Council during a special workshop yesterday. Several were clearly angered that the mayor would hire a lobbyist for her administration -- not the Council, which sometimes has different views on legislative bills --with no money in the budget to do so.

"This is the first time I've heard from the administration that we have a lobbyist," said Councilman Gary Hooser, one of Kusaka's chief critics, to Wally Rezentes, the mayor's administrative assistant.

"You're telling me we hired a lobbyist and he doesn't have a contract, but he's working for us anyway?" Hooser asked.

"That's well put," Rezentes said. "It does astound me," Hooser said.

None of the Council members or members of the public who criticized the mayor for hiring a lobbyist without a contract or funding aimed any criticism at Swain.

Swain served in the state House in 1995 and 1996, when he lost his re-election bid.

He then served on the Council and was an ally of Kusaka's from 1998 to last fall, when he was not re-elected.

The Star-Bulletin repeatedly has attempted to contact Swain over the past month to ask him about his status with the county. He has not responded to any requests for an interview.

Rezentes said Swain was hired primarily to bird-dog bills involving legal immunity for county lifeguards and taxation of utilities, both high-profile issues for the county.

"He knows the people, he knows how to get things done, and he knows when there is a problem with a bill," Rezentes said.

He said Swain is being paid $50 an hour with a maximum of $10,000 for the session.

Swain is free to work for other clients, even those whose interests are opposed to the county if he chooses, Rezentes said.

Rezentes said he does not know exactly on what date Swain started working, whether he is registered as a lobbyist or how many hours he has worked so far. But Rezentes said he is sure a contract is being drafted and will be signed soon.

"Our county attorney's office has been drowned with work," Rezentes lamented.

Councilman Kaipo Asing asked County Attorney Hartwell Blake whether the county was using the "sole source" provision in state purchasing laws. which allows the government to skip the bidding process when there is only one qualified provider.

"If there is only one person who can provide what we need, we shouldn't have to go through the (bidding) drill," Blake said. "He is able to provide services that others could not."

Asing, who has been on the Council for almost two decades, reminded Blake that Kauai has been in hot water several times in the past by allowing "sole source" contracts and later receiving complaints from those who would have submitted a bid.

"We've had this happen before, and I'd like to be sure that we're doing it correctly," Asing said.