[ OUR OPINION ]
Pension lawsuit is
cause for concernATOP the state's large heap of budget problems has been added a bill for $347 million delivered by current and retired state and county employees seeking restoration of their pension fund. The state Supreme Court ultimately could decide whether the bill must be paid, but it is not likely to be easily brushed aside.
THE ISSUE A class-action lawsuit alleges that the state illegally siphoned money from state and county employees' pension fund.
A class-action lawsuit filed by Alaska lawyer Peter Gruenstein on behalf of the 60,000 state and county employees and 30,000 retirees accuses the 1999 Legislature of violating the state Constitution by skimming the pension's investment gains. State Sen. Colleen Hanabusa, a lawyer whose clients include labor unions, maintains the suit is off base, that legislators have the power to make "the whole gamut" of decisions about public employees.
But this power has limits. Gruenstein accuses the Legislature of violating a state constitutional provision that seems clear. Membership in a state or county retirement system, the Constitution says, is "a contractual relationship, the accrued benefits of which shall not be diminished or impaired." When legislators decided to transfer "actuarial investment earnings" in excess of 10 percent from the pension fund to the state's coffers, he says, they violated that provision, even though the money was to be spent on retroactive pay raises.
Gruenstein says he won a lawsuit for police officers against the state of Alaska, which has a similar constitutional provision, and cases in New York also support his position. Hawaii's state pension laws were patterned after those in New York, he says. If he is right, trustees of the Hawaii system will be asked to explain why they chose not to challenge the legislative action in court immediately after it occurred.
Gruenstein cites a letter four months ago to Governor Cayetano by Toby Martyn, chairman of the retirement system's board of trustees, calling the near doubling in a single year of the amount it is behind in meeting its existing obligations "a major concern." During the same period, the system's net assets declined by more than $1 billion.
The suit also asks for an immediate court order against Hawaii dipping into the pension fund's assets again.
Hanabusa's claims to the contrary, this potentially costly problem for the state does not seem likely to go away soon or easily.
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School violence is a
problem for allTHE message from a former Kentucky school principal about the need for mutual respect and a sense of belonging among students was underscored yesterday when a German teenager, apparently frustrated with problems at school, picked up guns and killed those he blamed.
THE ISSUE A deadly shooting at a school in Germany illustrates the need for parents, teachers, administrators and students to stay aware.
The deadly rampage that Europeans had previously considered a distinctive American occurrence illustrates that these tragedies may take place anywhere, even in the land of aloha.
The words of Bill Bond resonate significantly. He was principal at a Paducah high school when a 14-year-old boy killed three students there in 1997. In a talk with Hawaii principals and health and safety officials this week, Bond said children need to feel like they belong and are cared for if we are to avoid similar incidents.
Teachers, administrators and parents should instill in children the value of respect for others to prevent harassment and bullying. "Outcast" kids who are treated poorly by teachers and fellow students are the most likely to seek revenge through violence.
Bullying can take many forms -- physical acts, taunts or teasing -- and run through a school's population, from other students to principals and teachers. Bond warned that "sarcasm and put-downs are the wrong way to control a classroom or employees."
Board of Education policies prohibit verbal and physical abuse of students. Principals hold assemblies to discuss bullying, harassment and their consequences with students. Some schools conduct "encounter sessions" where children talk about the pain caused by their tormentors and receive apologies.
All of these help, but parental involvement is key. Parents should be keenly tuned to how their children interact with others and make sure they are neither victims nor bullies.
Many children, particularly teens, have trouble expressing their fears and concerns and there is no way to guard completely against incidents like the one in Germany and the 39 shootings that have taken place in U.S. schools since 1973. However, if the entire school community pays attention to what's going on around it, the potential for violence in schools will be reduced.
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Published by Oahu Publications Inc., a subsidiary of Black Press.Don Kendall, Publisher
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