Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred Governor's Message No. 473, submitting for study and consideration the nomination of:

begs leave to report as follows:

Upon review of background information submitted by the nominee, your Committee finds that ALMA A. CABERTO is the president and owner of Community Mortgage Services LLC. She has worked at numerous banking institutions for thirty-one years.

Testimony in support of the nominee was submitted by the Philippine National Bank – Honolulu Agency and nine individuals. Testimony in opposition to the nominee was submitted by Hawaii's Thousand Friends, `Ahahui Malama I Ka Lokahi, and one individual. Comments were also submitted by the Sierra Club.

Your Committee diligently questioned the nominee regarding her understanding and knowledge of general topics pertaining to the Land Use Commission and its functions. Your Committee finds that the nominee did not have an understanding of general land use topics or knowledge of the Land Use Commission's functions. Further, the nominee failed to identify the commission properly in her application, where she referenced the "Commission for Dept. of Land and Utilization" rather than the Land Use Commission, as well as misidentifying the commission throughout the hearing. Your Committee finds that the Land Use Commission is an extremely important component of land use in the State and requires commissioners who are familiar with its functions and informed on the issues.

Your Committee notes that the Governor's administration was notified through Ms. Laura Thielen, director of the Office of Planning, that Ms. Caberto's nomination would fail if brought to a committee vote. At that time, Ms. Caberto chose to withdraw her name, and your Committee deferred further action on this nomination on April 26, 2006. To date, Ms. Caberto's nomination has not been withdrawn by the Governor, and as a result, your Committee was forced to vote on this nominee.

Your Committee emphasizes that Ms. Caberto is knowledgeable in her area of expertise and well accomplished in banking and lending. However, as stated, the Land Use Commission is very important to our State, and the Commissioners deal with many difficult and often complex issues. Thus, it is imperative that our commissioners have the necessary experience and expertise to make informed and thoughtful decisions not only for our futures but for generations to come.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee, after full consideration of the background, experience, and qualifications of the nominee, has found the nominee to be not qualified for the position to which nominated and recommends that the Senate not advise and consent to the nomination.