i L i n d . n e t

Ian Lind online daily from Kaaawa, Hawaii

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Don’t miss Ryan Ozawa’s data quest

September 3rd, 2010 · Blogs, General, Politics, Sunshine

Do not miss Ryan Ozawa’s description of his ongoing quest to replicate the Civil Beat request for information about state employees’salaries.

In a long blog entry yesterday, Ozawa describes the state Department of Human Resources Development denial of his request for the same data obtained by Civil Beat.

He was informed of the decision in a phone call from director Marie Laderta.

According to Ozawa, Laderta based her denial on a couple of points. Interestingly, she apparently did not deny that names of public employees and their salaries are legally public information.

However, Laderta asserted:

1) The department did not maintain any copy of the pdf file it provided to Civil Beat. This is extremely difficult to believe, and demands a fuller explanation.

2) Laderta said Ozawa’s request was “denied because of the onerous ‘compilation”’component. Basically, the amount of work it would take to put together all the data was excessive.”

Ozawa does not indicate whether Laderta provided any additional information about what aspects of the Civil Beat request proved most “onerous” to comply with.

State law requires the following information about public employees to be available for inspection [Chapter 92F-12(14)]:

14) The name, compensation (but only the salary range for employees covered by or included in chapter 76, and sections 302A-602 to 302A-640, and 302A-701, or bargaining unit (8)), job title, business address, business telephone number, job description, education and training background, previous work experience, dates of first and last employment, position number, type of appointment, service computation date, occupational group or class code, bargaining unit code, employing agency name and code, department, division, branch, office, section, unit, and island of employment, of present or former officers or employees of the agency; provided that this paragraph shall not require the creation of a roster of employees; and provided further that this paragraph shall not apply to information regarding present or former employees involved in an undercover capacity in a law enforcement agency;

But 92F-11(c) provides:

(c) Unless the information is readily retrievable by the agency in the form in which it is requested, an agency shall not be required to prepare a compilation or summary of its records.

So perhaps the problem is with the structure of the original request, and what’s needed is a more intimate familiarity with the state’s personnel computer system and how files are maintained.

Producing the state’s payroll twice a month requires manipulation of exactly the data that is being sought, along with other more private data not included in the request.

Asking for information that does not require “onerous” compilation in order to extract the relevant data is the key, it seems to me.

Oh, and going back to further interrogate the assertion that the department kept no record of its reply to Civil Beat.

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9th Circuit rejects Nader ballot access appeal

September 3rd, 2010 · Campaigns, Politics

A three-judge panel of the 9th Circuit Court this week rejected an appeal by Ralph Nader dating back to Nader’s failure to collect enough signatures to have his hame placed on the 2004 election ballot as an independent candidate for president.

Nader and his running mate, Peter Miguel Camejo, were joined by Constitutional Party presidential candidate Michael A. Peroutka and his running mate, Chuck Baldwin, in challenging Hawaii’s laws governing ballot access.

Nader and Peroutka had each gathered more than enough signatures to qualify to appear on the ballot, but fell short after election officials removed names of petition signers who failed to provide all of the required information.

Hawaii law provides two ways for presidential candidates to get onto the ballot. Candidates of qualified political parties are automatically on the ballot. Independent candidates must submit petitions signed by one-percent of those voting in the prior presidential election.

In 2004, a new political party could qualify for the ballot with just 677 valid signatures, while as independent candidates they were required to gather 3,711 valid signatures to get onto the ballot.

Nader and Peroutka argued that the different signature requirements placed an impermissible burden on their candidacies, and violated the constitution by denying them equal treatment when compared to candidates of qualified political parties.

However, the 9th Circuit found that plaintiffs “gloss over important facts” about Hawaii’s overall regulatory scheme.

The court noted that political parties, to benefit from the lower signature requirements, must submit signatures 170 days before the primary, while those hoping to qualify as independents face a deadline just 60 days before the primary.

In addition, the court found “the burden on independent candidates seeking access to Hawaii’s ballot is low” compared to requirements in other jurisdictions. The court cited earlier opinions which upheld signature requirements as high as 5% of registered voters, depending on the office.

The court also noted that the signature requirement for independent candidates applies to presidential candidates only, while candidates for other offices have a lesser burden.

Because independent presidential candidates are not affili- ated with any party, they cannot receive their party’s nomina- tion or be asked to show support from a national party. Hawaii therefore has imposed a reasonable one percent signa- ture requirement on independent candidates who wish to appear on the presidential ballot. The one percent signature requirement does not impose a severe burden on independent candidates for president either alone or in comparison to the route qualified party candidates must take. Nor does this scheme run afoul of the Equal Protection Clause.

The decision isn’t very long (9 pages), and is worth at least skimming through for future reference.

A recording of the oral arguments in the appeal is available on the 9th Circuit web site.

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Ms. Wally introduces September’s first Feline Friday

September 3rd, 2010 · Cats, Photographs

–>See all of today’s Kaaawa Cats

Feline FridayMs. Wally has the honor of introducing today’s Friday Felines on the first Friday of September.

She had taken up a position on the table just on the other side of the MacBook Pro where I was updating the day’s blog post.

Her attention, though, was on the colorful peacocks/pea hens that had decided to take a stroll on our front deck. The cats tend to give them a wide berth. No stalking these big birds.

In any case, just click on Wally’s photo for the rest of today’s Kaaawa cats.

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Proposed coal ash rule would impact Hawaii

September 2nd, 2010 · environment

The Environmental Protection Agency has started a series of public hearings on a proposed new rule for regulation of coal ash that could impact us in Hawaii.

EPA is proposing to regulate for the first time coal ash to address the risks from the disposal of the wastes generated by electric utilities and independent power producers. EPA is considering two possible options for the management of coal ash for public comment. Both options fall under the Resource Conservation and Recovery Act (RCRA). Under the first proposal, EPA would list these residuals as special wastes subject to regulation under subtitle C of RCRA, when destined for disposal in landfills or surface impoundments. Under the second proposal, EPA would regulate coal ash under subtitle D of RCRA, the section for non-hazardous wastes. The Agency considers each proposal to have its advantages and disadvantages, and includes benefits which should be considered in the public comment period.

Although often overlooked, coal ash is an issue here in Hawaii.

Coal ash is produced by the AES power plant in Campbell Industrial Park, and its transportation and disposal has been questioned by residents at leeward Neighborhood Board meetings in the past.

In addition, coal ash produced by the former C. Brewer power plant in Pepeekeo, north of Hilo on the Big Island, has been an issue for a decade after the plant closed, leaving tons of coal ash in place.

Questions by residents were documented in a 2003 Hawaii County Planning Commission hearing (search for “coal ash” to find the comments).

Environmental groups are pushing the EPA to adopt a stronger regulatory stance regarding coal ash.

From OMB Watch:

Regulating coal ash as hazardous waste might help prevent some of the horror stories presented at the hearing and elsewhere. When coal ash escapes from currently unregulated ponds, impoundments, and landfills, it contaminates water supplies and threatens communities with cancers and other health problems.

A new report from the Environmental Integrity Project identifies 39 coal ash disposal sites that have contaminated water. The 39 are in addition to the 31 sites the group identified in a February report and 67 damage cases reported by EPA. From the newest report:

At every one of the 35 sites with groundwater monitoring wells, on-site test results show that concentrations of heavy metals like arsenic or lead exceed federal health-based standards for drinking water. For example, arsenic levels were above the 10 microgram per liter “maximum contaminant level” (MCL) at 26 of 35 sites, with concentrations reaching as high as 3,419 micrograms (over 341 times the standard) at the Hatfield’s Ferry site in Pennsylvania.

A press release from Earthjustice at the opening of the rule-making process notes the interest of many environmental organizations, including the Sierra Club, the Environmental Integrity Project, and the Natural Resources Defense Council.

Earthjustice argues:

The two-rule option demonstrates the power and influence of lobbyists for the coal and power industries who continue to block the EPA attempts at strong coal ash safeguards that protect communities. The EPA’s ‘special waste’ proposal is the only way to guarantee the closure of the most dangerous waste ponds, ensure strong federal oversight and cleanup of contaminated streams, rivers and drinking water supplies, and protect communities across the country from coal ash contamination. The EPA itself admits that under its weaker option, many states will not adopt strict federal guidelines and that approximately 50% of the coal ash generated in the U.S. will continue to be managed under state programs that do not require basic disposal safeguards. Power plants in the U.S. produce enough coal ash annually to fill train cars stretching from the North Pole to the South Pole.

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Ooops…down the electronic drain

September 2nd, 2010 · Blogs, Cats

I managed to accidentally delete today’s main entry just before it was ready to publish and right before our 6 a.m. walk.

Don’t ask how.

I saw it happen with one of those, “Oh, no!” moments.

I’ll be able recreate it, but not until I get into town later this morning.

Since getting back from the walk, I’ve been going through my twice-a-day routine with Duke.

He gets a dish of canned food and encouragement to eat, which sometimes just involves an encouraging word, other times requires a few strategic strokes with brush or hand. Usually we’re in the bedroom with the door closed to keep the other cats out. They don’t get canned food in the morning and are not happy about the discrimination.

In any case, after Duke eats his fill, I sit down with the brush and groom him. He likes his face brushed, and his head, and, well, all body parts. He usually starts purring right about now.

With luck, he just settles down. While still brushing, I pinch a place on his shoulders, reach for the syringe with his dose of insulin, and manage the injection in one smooth stroke. Most times, he doesn’t notice the needle. He does notice the disruption of the brushing/petting.

After he’s gotten his insulin, I wrap up the grooming session. He usually finishes cleaning and then goes to sleep. I can open the door and let other cats in to clean up any leftover food.

All this isn’t hard, but it takes some time. Twice a day. We’ve been at it for several weeks. So far, so good.

Unfortunately, though, it takes precedence over necessary blog rewrites, as this morning.

So have patience. The rewrite is coming.

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Drug testing at the Star-Advertiser?

September 2nd, 2010 · Media, Politics

Drug testing of reporters at the Star-Advertiser? Or just my misunderstanding?

Did you happen to see PBS Hawaii’s Leahey & Leahey last night, with guest Stephen Tsai?

This weekly program features father & son team, Jim Leahey and Kanoa Leahey in a 30-minute discussion of local sports that often wanders in political and social commentary. It’s always a well-done piece of local programming.

They introduced Tsai as the top Star-Advertiser reporter on the UH football beat.

Tsai responded that he had just taken a drug test (did he say “drug test” or “blood test”?) and hoped that his job at the Star-Advertiser is secure. It was said in a joking manner, but it didn’t seem to be a joke. However, I have to leave the door open because I haven’t heard anything else about such testing, which would likely raise a fuss. Hopefully I just misunderstood.

And I don’t see anything concerning drug testing on the Hawaii Newspaper Guild web site. Actually, the transition to the Star-Advertiser isn’t yet reflected there. Instead, there are still links to the Star-Bulletin and Advertiser. I suppose this reflects some disarray as the Guild goes through merger talks of its own.

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No wife, he said.

September 1st, 2010 · Aging & dementia

It’s been over a month since my dad’s brush with pneumonia. We were all lucky, I suppose. He survived, despite the bad reaction to antibiotics, and has been been on a long, slow recovery trajectory.

For several weeks, he was just exhausted. Slept a lot. I admit to visiting less.

In the past couple of weeks, his physical health and mental condition have been on separate tracks. Sometimes they are running parallel, sometimes there’s a big divergence. And things seem to change quickly. I think of that image of the wobbling track of a hurricane, like a bottle in a current. It’s on a general track in one direction, but it wobbles along that track in a way that can create significant differences.

When I stopped to see him early last week, he was in bed, but agitated and very upset. He wanted to know if I had heard anything about “what’s happening.”

“No,” I replied cautiously, not knowing what he was talking about.

Then it came right out.

“When I got home last night,” he said, serious, making eye contact with me. “I didn’t have a wife. She was gone. She moved out on me. I think she moved in with Bonnie.”

“Home” is in Kahala, the house where my parents lived since somewhere around the beginning of WWII. He hasn’t been home, at least not physically, since a couple of days before Thanksgiving in 2008. Bonnie is my sister. She’s been living with my mom in Kahala to assist since before my dad ended up in this nursing home.

He was very worried about the situation and my mother’s absence.

“I don’t understand why she didn’t call,” he said.

Okay, I can understand that, at some level, he’s worried she hasn’t been here to visit very often. She’s at home dealing with her own mobility and health issues, and getting to his bed on the third floor of the nursing home becomes a major expedition.

Then it got worse.

“There was a Japanese guy in the kitchen, and he looked like he had been invited.”

All this took me by surprise, and I really didn’t know how to respond. I think I told him that one of her club meetings probably just ran a little long, but that I would check it out.

He closed his eyes again for a minute or so, then looked up at me.

“I pulled out a couple of chafing dishes, just in case,” he said, then launched into an explanation of how these can be used for warming, or for steaming, like a double boiler.

This is something he would have done back when he ran his own restaurant supply company. He would pull stuff out of their inventory for various needs. Last minute Christmas gifts? Head for the stockroom. Birthday? Pull out a frying pan. Today he spoke as if he really had just opened a few boxes and dug out their contents. Just in case.

Meanwhile, I was trying to guess the source of the brain short-circuit leading to the sighting of a Japanese man “in the kitchen.”

Did he catch sight of the man in the next bed, which he continually forgets is there? Did a new nursing assistant deliver his meal? I never did quite figure that one out.

Despite floating in the fantasy zone, he surprised me with a couple of other mental jumps that showed his brain can make connections. When I mentioned that one of Meda’s sisters is moving to a home in Menlo Park, California, he quickly pointed out his cousin, Bill Fairley, had lived in Menlo Park. And then he remembered the name of one of the people in an old photo I showed him on my previous visit. In the picture with my dad were Duke Kahanamoku, Dad Center, and several other unidentified men.

“Ward Brewster.” I didn’t know what he was talking about. “Ward Brewster, I think he was the short guy in the picture. He was around the beach a lot.”

He remembered the photo, and added another name to it.

Then Bob, the 3rd floor nursing supervisor, stopped in.

My dad called out cheerfully, “Hello, Paul!”

He thinks that he’s talking to Paul, who apparently welcomed people to the old Commercial Club in downtown Honolulu. The business club was upstairs from the Dohrmann Hotel Supply Company, where my dad worked from the time he arrived in Honolulu in 1939.

Bob knows the story, and doesn’t mind at all being “Paul”.

Another day, another visit. On this afternoon, I found him in bed, but his voice was clear and strong. His mind, though, was someplace else.

He greeted me by name, but that was the high point.

He closed his eyes.

Opened them.

Asked me if my friend was still visiting.

I didn’t know what he was talking about, but didn’t want to argue.

So I said, no, they’re gone.

He asked: “Did she leave yesterday?”

She? Again, I was winging it.

“No, earlier in the week,” I sputtered.

He asks: “When does your wife get back?”

Oh, oh. I tell the truth.

“She wasn’t gone. She’s been here.”

He looked at me.

Closed his eyes.

Opened his eyes.

“Who’s the guy having all that fun?”

I ask, puzzled, “which guy?”

“The one on the golf course,” pointing across the room towards the hall.

I had to just say that I didn’t know.

Then, trying to say something more, he managed only a few slurred words. I couldn’t tell whether this was the sleep, vague state of mind, or another micro stroke, of which he apparently has had many.

He had lunch in front of him and, when he next opened his eyes, was surprised to see it.

He asked: “How long has that been here?”

Then: “Was I here when it came in?”

It took several seconds, then he understood that he must have been there, since he was in the bed and apparently hadn’t been anywhere in a while.

He looked at the food, but didn’t eat anything.

Then he closed his eyes again and was asleep.

And so we continue on this winding path.

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Heavy weight cats

September 1st, 2010 · Cats

We recently invested in a scale so that we can keep track of the cats’ weights.

Here are the results of yesterday’s weigh-in: 113 pounds of feline fun!

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No, I don’t know why Ms. Annie is so far off the statistical norm. She seems to eat as much as any of the others. But she is the most active, meaning that she spends part of every day out hunting. And Harriet’s just about a perfect weight.

As for the rest, I’m going to try a combination of portion control and diet cat food. Duke lost nearly five pounds in six months. Kili and Toby need to both lose a couple of pounds, at least. Romeo is a big cat. I don’t think he’s fat, but I suppose he can slim down a bit, too.

Maybe in several months I can get our total down below 100 pounds.

We’ll see.

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