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Teacher raises depend
on future revenues,
Cayetano says

Open meetings injunction denied
Acoba, Iwase approved

By Crystal Kua
Star-Bulletin

Teacher salaries and an accountability bill were two labor-related education issues the governor sounded off on yesterday.

If a contract settlement is reached later this month with the union representing Hawaii's 12,000 public school teachers, the state can't afford to fund salary raises this year, Gov. Ben Cayetano said.

"If any one deserves raises, it's our teachers, but there's no money right now," Cayetano told reporters yesterday.

Teachers have been working without a new contract since their contract expired June 30.

Cayetano said that even though the economy is improving, he'll have to wait and see how state revenues pan out between now and next year's legislative session to see if the state can afford it.

"Unless the revenues dramatically increase there's no way we'll be able to fund those awards," Cayetano said.

Funding priorities would be to fund services to the poor and disadvantaged and those who suffer from alcohol or domestic abuse, he said. In return for raises, he would also like to see efforts to make government more efficient and productive.

Union leaders could not be reached for comment yesterday.

Meanwhile, Cayetano said he was disappointed that language that would have allowed state schools Superintendent Paul LeMahieu to devise an educational accountability plan outside of collective bargaining didn't make it in a bill that passed out of a conference committee earlier this week.

But Cayetano, who had not read the bill before talking about it, said the superintendent should be given an opportunity to see if the process works.

"The process that they've put in place, if Superintendent LeMahieu believes he can work with that, then I think we should give it a shot," he said.

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Judge denies injunction
on ‘open-meetings’ laws

By Debra Barayuga
Star-Bulletin

State legislative leaders say they are complying with constitutionally mandated "open meetings" laws, including recently agreed upon special procedures for conference committee meetings.

But whether lawmakers will continue to do so in the closing days of the Legislature remains to be seen, said attorney Richard Clifton, representing Republican Party Chairwoman Linda Lingle, the Republican Party and state Rep. David Pendleton.

Circuit Judge Victoria Marks refused yesterday to tell the Legislature how to run its business and denied an injunction ordering lawmakers to comply.

The Republicans filed the lawsuit against Senate and House leaders a year ago. The suit sought to end the long-standing practice of holding closed last-minute conference committee meetings and voting during the waning hours of the legislative session .

"It seems to me if the constitutional provision was adopted in 1978, 22 years is long enough for the Legislature to have figured it out," Clifton said.

In her brief ruling, Marks relied on a Colorado Supreme Court decision which noted that injunctions should be granted sparingly, particularly when they interfere with the Legislative process.

Deputy Attorney General Madeleine Austin said the court's ruling was appropriate.

The state had argued that lawmakers have legislative immunity and that the courts cannot involve itself in the Legislature's business. "Only after they have concluded it, have enacted a bill into law, can the Judiciary review it and decide whether everything is as it should be," Austin said.

But no one wants to strike down laws after the fact, Pendleton said. "That's not a good remedy; we want openness for bills we support."

House Speaker Calvin Say said yesterday the lawsuit was a "blessing in disguise" that reminded legislators of the need to manage conference meetings more openly.

The House and Senate earlier this month adopted guidelines that include:

Setting specific times that conference committee deliberations can take place;

Posting written notice as soon as possible outside conference rooms when a conference committee reconvenes on the same day;

Having all the conference committee chairmen present when a meeting is convened;

Establishing a quorum for decision-making.

To avoid the last-minute rush as in previous years, the House set a self-imposed deadline to finish negotiations by midnight last night so they'll be prepared to vote on the record today in conference committees, Say said.

All bills must be finalized by Friday midnight so the bills can have a final vote on Tuesday. Bills that miss the deadline are dead.

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Senate approves
Iwase and Acoba
for new jobs

By Richard Borreca
Star-Bulletin

Faced with the uncomfortable duty of judging one of their own, after nearly an hour of debate, senators approved Sen. Randy Iwase to a 10-year term as chairman of the Labor and Industrial Relations Appeals Board.

The confirmation was smoother yesterday for Intermediate Court of Appeals Associate Judge Simeon Acoba Jr., who was unanimously confirmed to the state Supreme Court.

Iwase, despite 26 years of state and city government experience, was criticized for not knowing enough about the field of labor appeals law.

"Although he may not have some of the experience, he is a quick study," Sen. Bob Nakata (D, Kaneohe-Kahuku), Labor Committee chairman, said in a speech recommending Iwase's confirmation.

Others, such as Sen. Colleen Hanabusa (D, Waianae, Makaha), who is a practicing labor lawyer, said Iwase just wasn't up to the job.

"I listened to everyone who testified in favor and not one came forward and said he had the experience," she said.

Iwase's supporters, however, defended the Mililani Democrat, saying he would bring energy and dedication to the position. The labor board handles workers' compensation appeals cases.

Iwase was appointed by Gov. Ben Cayetano, who wanted the board to move faster.

Iwase's Republican colleague, Sen. Sam Slom (R, Kalama Valley-Aina Haina), drew the biggest laugh of the day when he described Iwase's upward mobility.

"It is always good to see one of our own go on to something else besides jail," he quipped.

In all, Sens. Hanabusa, Marshall Ige (D, Kaneohe-Enchanted Lake) and Rod Tam (D, Downtown-Nuuanu) voted against Iwase.

After the vote, Iwase said wanted to start work as soon as possible after the Legislature ends next week. His formal term of office doesn't start until July 1.

Because Iwase has two more years left on his Senate term, Cayetano will appoint someone to fill the the seat until the fall election.

In that election, someone will be picked to fill out the remaining two years of the term.

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