Democrats try
to clip gov’s wingsLinda Lingle criticizes
measures that attempt to shift
power from the executive branch
Democrats running the Legislature are quite candid about what's behind their motivation to tip the state government's balance of power in their direction: a Republican in the governor's office.
Especially when that governor makes no secret that she'll be a major player in this year's election campaigns, seeking to shift the political balance toward her party in the Legislature, where the GOP is outnumbered 20-5 in the Senate and 36-15 in the House.
The governor and Republican lawmakers are setting up as potential campaign issues several Democratic bills seeking to shift some powers from the executive branch of the government toward the Legislature.
Lingle, in her second year of a four-year term as Hawaii's first GOP executive in 40 years, put Friday's failed nomination of Ted Hong to a Big Island Circuit Court seat on the GOP's election campaign agenda.
The Senate on Friday voted 13-12 to reject Hong's appointment, despite Lingle sitting through much of Wednesday's marathon confirmation hearing, visiting Democratic senators seeking support and joining much of her cabinet in the Senate gallery for more than two hours of debate before the vote.
"I think it's fair for the public to know how people vote on various issues. It's just part of the process," she said after returning to her fifth floor Capitol office. "Just as we respect the process that went on downstairs, campaigns and elections are also part of the process, and we look forward to it."
Senate President Robert Bunda, one of seven Democrats who joined the five Republican senators in voting for Hong's confirmation, said the Senate's proceedings gave Hong a fair review.
"Today's floor vote really was democracy in action. You heard from all sides," said Bunda (D, Kaena-Wahiawa-Pupukea). "The senators voted their conscience on this. It shouldn't be a partisan issue."
Asked about Lingle saying the vote would be a campaign issue, Bunda said: "Is that a threat, saying that she's going to use this against the Democrats? When we have democracy in action, is that something to hold over somebody's head?"
The five Senate Republicans on Friday flagged nine bills -- survivors of a longer list earlier in the session -- that they see as "attempts at eroding the powers of the executive branch."
They pointed to the Democrats' education reform bill, which among other things would transfer school-related functions such as hiring, budgeting, purchasing, legal and health now handled by other departments to the direct control of the Department of Education.
Senate Minority Leader Fred Hemmings said the bill and its companions appear to make the Department of Education a fourth branch of government with taxing powers through residential development impact fees and textbook charges.
Other "erosion" bills would:
>> Bar the governor from certain fund transfers without legislative approval.
>> Make the governor select university regents from a list provided by an advisory group named in part by legislative leaders.
>> Bar the governor from selling or exchanging any public lands without the Legislature's OK.
>> Transfer management of the Capitol from the executive branch to a joint committee of the House and Senate.
"This is a turf battle between the forces of the status quo that have dominated this state for the last 30 years and those of us who seek general reform under the leadership of Gov. Lingle," said Hemmings (R, Lanikai-Waimanalo). "The response we're getting from the status quo is taking Lingle's power away and investing it in themselves to continue business as usual and we find that unacceptable."
The Republicans acknowledged that under Democratic governors, the GOP often sought fruitlessly to diminish the executive's power, considered one of the strongest in the nation.
Sen. Sam Slom, (R, Diamond Head-Hawaii Kai) said the Democrats "were stunned" when they lost control of the executive branch in 2002.
"They more than anyone else understand the power and influence a governor has ... and some of them still don't believe it happened," he said.
Bunda said the balance of power issue this year "is a little more pronounced" when "the governor is making those assertions about Democrats and is challenging the Democrats to a duel in the next election."
Senate Ways and Means Chairman Brian Taniguchi (D-Moiliili-Manoa) recently acknowledged that having a Republican governor has changed the relationship between the branches this session and has increased the desire to strengthen the Legislature.
"I think the fact that (Lingle) has said she is going to go after Democrats and all this kind of stuff, target people and raise money to get people out, to me that really has set the tone," he said. "She would like to collaborate, but when you have somebody who is saying we're going to try to get you out of office, it makes it difficult."
Lingle responded that for Democrats to think the relationship between branches is more adversarial shows "they're not in step with what the public wants" and expressed by electing her in 2002.