1 1 2 3 SENATE/HOUSE OF REPRESENTATIVES 4 THE 21ST LEGISLATURE 5 INTERIM OF 2001 6 7 8 9 JOINT SENATE-HOUSE INVESTIGATIVE COMMITTEE HEARING 10 DECEMBER 3, 2001 11 12 13 14 Taken at the State Capitol, 415 South Beretania, 15 Conference Room 325, Honolulu, Hawaii commencing at 16 9:11 a.m. on Monday, December 3, 2001. 17 18 19 20 BEFORE: MYRLA R. SEGAWA, CSR No. 397 21 Notary Public, State of Hawaii 22 23 24 25 2 1 APPEARANCES: 2 3 Senate-House Investigative Committee: 4 Co-Chair Senator Colleen Hanabusa 5 Co-Chair Representative Scott Saiki 6 Vice-Chair Senator Russell Kokubun 7 Vice-Chair Representative Blake Oshiro 8 Representative Ken Ito 9 Representative Bertha Kawakami 10 Representative Bertha Leong 11 Senator Norman Sakamoto 12 Senator Sam Slom 13 14 Also Present: 15 Special Counsel James Kawashima 16 17 18 19 20 21 22 23 24 25 3 1 P R O C E E D I N G S 2 CO-CHAIR REPRESENTATIVE SAIKI: Members, 3 we'd like to convene our joint investigative 4 committee to investigate the State's efforts to 5 comply with the Felix consent decree. We'll begin 6 with roll call. 7 CO-CHAIR SENATOR HANABUSA: Co-Chair 8 Saiki? 9 CO-CHAIR REPRESENTATIVE SAIKI: Present. 10 CO-CHAIR SENATOR HANABUSA: Vice-Chair 11 Kokubun? 12 VICE-CHAIR KOKUBUN: Here. 13 CO-CHAIR SENATOR HANABUSA: Vice-Chair 14 Oshiro? 15 VICE-CHAIR OSHIRO: Here. 16 CO-CHAIR SENATOR HANABUSA: 17 Senator Buen is excused. Representative Ito? 18 REPRESENTATIVE ITO: Here. 19 CO-CHAIR SENATOR HANABUSA: 20 Representative Kawakami? 21 REPRESENTATIVE KAWAKAMI: I. 22 CO-CHAIR SENATOR HANABUSA: 23 Representative Leong? 24 REPRESENTATIVE LEONG: Here. 25 CO-CHAIR SENATOR HANABUSA: 4 1 Representative Marumoto is excused. Senator Matsuura is 2 excused. Senator Sakamoto? 3 SENATOR SAKAMOTO: Here. 4 CO-CHAIR SENATOR HANABUSA: Senator Slom? 5 SENATOR SLOM: Here. 6 CO-CHAIR SENATOR HANABUSA: We have a 7 quorum. 8 CO-CHAIR REPRESENTATIVE SAIKI: Thank 9 you, Members. Members, the Co-Chairs would like to 10 recommend that we move to convene an executive 11 session for the following purposes. First, to 12 receive and review the draft report of this committee 13 and to discuss possible amendments to the draft 14 report; second, to consult with our committee special 15 counsel; third, to discuss the possibility of 16 authorizing further subpoenas; fourth, to discuss the 17 timetable and overview of our investigation; and 18 finally, to discuss any other procedural requirements 19 concerning our draft report. 20 We will convene next door at Room 325, 21 and we will reconvene our public hearing in this room 22 at 1:30 p.m. today. Is there any discussion? 23 If not, we'll take a roll call vote. 24 CO-CHAIR SENATOR HANABUSA: Members, this 25 is the motion to convene in executive session. 5 1 Co-Chair Saiki? 2 CO-CHAIR REPRESENTATIVE SAIKI: Yes. 3 CO-CHAIR SENATOR HANABUSA: Vice-Chair 4 Kokubun? 5 VICE-CHAIR KOKUBUN: I. 6 CO-CHAIR SENATOR HANABUSA: Vice-Chair 7 Oshiro? 8 VICE-CHAIR OSHIRO: I. 9 CO-CHAIR SENATOR HANABUSA: 10 Representative Ito? 11 REPRESENTATIVE ITO: I. 12 CO-CHAIR SENATOR HANABUSA: 13 Representative Kawakami? 14 REPRESENTATIVE KAWAKAMI: I. 15 CO-CHAIR SENATOR HANABUSA: 16 Representative Leong? 17 REPRESENTATIVE LEONG: I. 18 CO-CHAIR SENATOR HANABUSA: 19 Representative Marumoto is excused. Senator Sakamoto? 20 SENATOR SAKAMOTO: Yes. 21 CO-CHAIR SENATOR HANABUSA: Senator Slom? 22 SENATOR SLOM: I. 23 CO-CHAIR SENATOR HANABUSA: Motion has 24 passed. 25 CO-CHAIR REPRESENTATIVE SAIKI: Members, 6 1 we'll recess and we'll reconvene our public hearing 2 today at 1:30 today. Thank you. 3 (Recess from 9:13 a.m. to 2:05 p.m.) 4 CO-CHAIR REPRESENTATIVE SAIKI: 5 Members, we'd like to reconvene our hering. We have a 6 couple of motions that we'd like to raise today. 7 First, Members, you have all received 8 copies of our investigative committee's draft report, 9 and at this point the Co-Chairs would like to move 10 that this committee accept the draft report. Is 11 there any discussion? 12 If not, we'll take a roll call vote. 13 CO-CHAIR SENATOR HANABUSA: Co-Chair 14 Saiki? 15 CO-CHAIR REPRESENTATIVE SAIKI: Here. 16 CO-CHAIR SENATOR HANABUSA: Vice-Chair 17 Kokubun? 18 VICE-CHAIR KOKUBUN: I. 19 CO-CHAIR SENATOR HANABUSA: Vice-Chair 20 Oshiro? 21 VICE-CHAIR OSHIRO: I. 22 CO-CHAIR SENATOR HANABUSA: 23 Representative Ito? 24 REPRESENTATIVE ITO: I. 25 CO-CHAIR SENATOR HANABUSA: 7 1 Representative Kawakami? 2 REPRESENTATIVE KAWAKAMI: I. 3 CO-CHAIR SENATOR HANABUSA: 4 Representative Leong? 5 REPRESENTATIVE LEONG: I. 6 CO-CHAIR SENATOR HANABUSA: 7 Senator Slom? 8 SENATOR SLOM: I. 9 CO-CHAIR SENATOR HANABUSA: Is accepted. 10 Members, the second motion which the Co-Chairs would 11 like for you to authorize is regarding the 12 distribution of the copies of the draft reports to 13 persons who are subject of the witnesses that have 14 testified at the committee hearing pursuant to Rule 15 2.8 C and D, and it will also include anyone else 16 who'd be an interested party or entity. 17 What the Co-Chairs include in this 18 authorization is the authority to the Co-Chairs to 19 make that final list of persons who will receive the 20 draft reports for comment. 21 In addition, the letter which we will 22 attach to the draft report will set forth the 23 following information. We are requesting that 24 everyone's response to be appended to the report be 25 limited to three pages single spaced. However, if 8 1 anyone's response is in excess of three pages single 2 spaced, they may submit such a response; however, it 3 will not be appended to the report and we will 4 request an executive summary that will note the fact 5 that such a response was received and what is being 6 appended is an executive summary. It is intended 7 that all responses will be made available on the web 8 for public review as soon as we are in receipt of 9 that. 10 In that vein we are asking everyone to 11 append or to send with their response a diskette 12 which contains any information with their final 13 response which we will be appending to the report. 14 All responses must be in writing and received no 15 later than December 18 by 4:30 in the afternoon to 16 the legislative auditor's office attention to Marion 17 Higa. 18 Any discussions? 19 Co-Chair Saiki has informed me that I was 20 not clear that the executive summaries are also 21 limited to three pages single spaced as well. 22 Anything that will become part of that official 23 document which is distributed as far as the responses 24 are concerned is limited to three pages single 25 spaced. And again, we reiterate that that does not 9 1 limit any response to that number of pages. It just 2 simply says that's what is going to be appended and 3 we will make available to the web to the public the 4 whole response. Any discussion, any more 5 clarifications? If not, Representative Saiki. 6 CO-CHAIR REPRESENTATIVE SAIKI: Co-Chair 7 Hanabusa? 8 CO-CHAIR SENATOR HANABUSA: I. 9 CO-CHAIR REPRESENTATIVE SAIKI: 10 Vice-Chair Kokubun? 11 VICE-CHAIR KOKUBUN: I. 12 CO-CHAIR REPRESENTATIVE SAIKI: 13 Vice-Chair Oshiro? 14 VICE-CHAIR OSHIRO: I. 15 CO-CHAIR REPRESENTATIVE SAIKI: 16 Representative Ito? 17 REPRESENTATIVE ITO: I. 18 CO-CHAIR REPRESENTATIVE SAIKI: 19 Representative Kawakami? 20 REPRESENTATIVE KAWAKAMI: I. 21 CO-CHAIR REPRESENTATIVE SAIKI: 22 Representative Leong? 23 REPRESENTATIVE LEONG: I. 24 CO-CHAIR REPRESENTATIVE SAIKI: Senator 25 Slom? 10 1 SENATOR SLOM: I. 2 CO-CHAIR REPRESENTATIVE SAIKI: Motion 3 passed eight I's, four excused. 4 CO-CHAIR SENATOR HANABUSA: Members, as 5 we have discussed in prior hearings, we will also be 6 reconvening again sometime after the 14th day has 7 passed and we have received the responses, and at 8 that time, we will be adopting the final report. As 9 you are all aware, we must submit the report to both 10 houses of the legislature no later than 20 days 11 before the legislative session begins. Any other 12 matters before this committee at this time? If not, 13 thank you. 14 CO-CHAIR REPRESENTATIVE SAIKI: Recess. 15 (Hearing adjourned at 2:09 p.m.) 16 17 18 19 20 21 22 23 24 25 11 1 C E R T I F I C A T E 2 STATE OF HAWAII ) ) SS: 3 CITY AND COUNTY OF HONOLULU ) 4 I, MYRLA R. SEGAWA, Notary Public, State of 5 Hawaii, do hereby certify: 6 That on Monday, December 3, 2001, at 7 9:11 a.m., the hearing was taken down by me in 8 machine shorthand and was thereafter reduced to 9 typewriting under my supervision; that the foregoing 10 represents, to the best of my ability, a true and 11 correct transcript of the proceedings had in the 12 foregoing matter. 13 I further certify that I am not an attorney 14 for any of the parties hereto, nor in any way 15 concerned with the cause. 16 DATED this 17th day of DECEMBER 2001, in 17 Honolulu, Hawaii. 18 19 20 21 ______________________________ 22 MYRLA R. SEGAWA, CSR No. 397 Notary Public, State of Hawaii 23 My Commission Exp: 1-27-2005 24 25