I can tell you exactly when Gov. David Ige鈥檚 post-election honeymoon ended. It was Friday afternoon, Jan. 23, 2014, less than two months into the new governor鈥檚 term, when a news release from the governor鈥檚 office announced the selection of Carleton Ching as Ige鈥檚 choice to head the Department of Land and Natural Resources.
The various divisions and offices within face some of the toughest and most politically sensitive issues confronting state government, from identifying and managing the inventory of state owned lands, including ceded lands, to the protection of Hawaiian burials and other cultural and archaeological resources, to shielding sensitive conservation lands from development, regulation of fishing, managing of local harbors, and the list seems to go on and on.
Ching is known as a likable and skilled lobbyist for Castle & Cooke, who played a key role in obtaining regulatory approvals for the controversial 3,500-home听Koa Ridge project in Central Oahu. He is also an officer and director of the Land Use Research Foundation, a leading pro-development advocacy group.
Within 48 hours, before much of the public was even aware of Ching鈥檚 nomination, most of the environmental organizations in the state had reached a consensus in opposition to Ching鈥檚 nomination and听were calling on Ige to withdraw the nomination.
The groups cited Ching’s long service as an advocate for development, and the concomitant lack of 鈥渄emonstrated expertise in managing the cultural and natural resources鈥 of the state.
鈥淧utting the fox in charge of the chicken coop鈥 seemed to sum up their assessment of Ige鈥檚 choice.
How this standoff is resolved could go a long way in determining whether Ige鈥檚 administration will be able to succeed in fulfilling his campaign promises to be more open, and could have future electoral implications as well.
Gubernatorial Deja Vu
Four years ago, Neil Abercrombie had similarly just taken office when he announced his plan to create a new state agency tasked with creating public-private partnerships to develop unused, underutilized, or surplus state properties in order to create value and generate income for the cash-strapped public coffers. He quickly introduced legislation to create the Public Land Development Corporation听to carry out that mandate, and successfully pushed it through despite growing opposition.
But the legislation that emerged authorized broad exemptions from a laundry list of environmental laws and regulatory requirements, and quickly became seen by environmentalists as dangerous in the extreme.
Environmental groups and their members mobilized and went into battle. The anti-PLDC movement grew over time, generated statewide protests, and left many people permanently disillusioned with and alienated from the Abercrombie administration.
Two years later, the governor admitted defeat and called for dismantling the agency, but it was too late to rebuild ties to an important political constituency. The damage was done, and ultimately contributed to Abercrombie鈥檚 huge loss to Ige in the Democratic primary last year.听
On its face, naming an executive and lobbyist for a major developer to the post responsible for protecting and preserving natural and cultural resources seemed to many like a provocation, an unexpected 鈥減oke in eye with a sharp stick鈥 aimed at conservationists, and they reacted as you might expect. There were expressions of听 anger and betrayal, along with more measured criticism of the choice.
While that may be an overreaction, it does indicate that there are no environmental activists in the Ige inner circles who would have flagged this as a highly controversial and potentially politically damaging selection, and in addition the administration made no apparent effort to reach out to environmental groups as part of its vetting of the candidate.
鈥淚鈥檓 extremely disappointed that Mr. Ching does not have any demonstrated experience in managing an agency this big, or having knowledge of the many natural resource issues he鈥檚 going to face as DLNR director.鈥 鈥 Robin Kaye, Lanai resident who recently met with Ching
Cynics attribute this to the power of development interests among Ige鈥檚 backers, while others say Ige鈥檚 low-budget campaign just never managed to build its grass roots contacts with key constituencies, and so now have few trusted people to consult with when facing tough choices like this. But the jury is still out.
At least one top advisor to Gov. Ige says the strong reaction to Ching鈥檚 nomination wasn鈥檛 unexpected.
鈥淲as I surprised? Personally, no,鈥 said Robbie Alm, who was part of a small team that screened applications for various posts in the Ige administration.听
Alm, who served as director of the Department of Commerce and Consumer Affairs under Gov. John Waihee, stepped down as executive vice president of Hawaiian Electric Co. in mid-2013 after more than a decade with the company.
Alm said he could not discuss the selection committee鈥檚 deliberations because participants had been required to sign a nondisclosure agreement, but hoped people would look past Ching鈥檚 past business ties.
鈥淲henever you nominate business people for government jobs, you run the risk of people believing听that they are the same as the companies they work for,鈥 Alm said Tuesday.
鈥淚 had to deal with that for years,鈥 he said. 鈥淵ou can鈥檛 have Robbie do this or that because he works for Hawaiian Electric. I accepted years ago that people are going to judge you by who your employer is.鈥
Alm urged critics to 鈥渟it down with him (Ching), rather than dismissing him听and assuming he can be judged by what he did for an employer.鈥
Meeting the Lobbyist
And that鈥檚 exactly what鈥檚 been happening, it seems. The Ige administration has been quietly inviting activists concerned with environmental and Hawaiian issues to meet with Ching, according to several people who have taken part in the sessions.
There seems to be agreement on at least two things.听
First,听those I鈥檝e spoken to all say Ching was friendly, personable, open and candid.听
鈥淭his is why he鈥檚 such a good lobbyist,鈥 said one person, who asked not to be identified because of the sensitivity of the situation. 鈥淗e鈥檚 a nice man, he was honest about his shortcomings, and honest about where he鈥檚 coming from.鈥
Lanai resident Robin Kaye agreed.
鈥淚 would be hard-pressed to find anything not to like about the guy,鈥 Kaye said.
However, that鈥檚 only part of the story, and not the most important part.
鈥淧utting him in charge of the Department of Land and Natural Resources is听like handing him a scalpel and asking him to take out your appendix.” 鈥 Karen Chun,听Sierra Club鈥檚 Maui Executive Committee
According to several people who attended a three-hour meeting with Ching held in Wailuku on Saturday, the nominee candidly admitted that there鈥檚 an awful lot he doesn鈥檛 know.
鈥淗e kept saying, 鈥業 don鈥檛 know, I don鈥檛 know,鈥欌 one participant recounted.
Ching said he was not aware of Hawaii鈥檚 Public Trust Doctrine, embodied in the state constitution, which requires the state and counties to 鈥渃onserve and protect Hawaii鈥檚 natural beauty and all natural resources,鈥 including land and water. It鈥檚 been at the heart of a chain of major court decisions impacting the state鈥檚 stewardship of its natural assets.
He was equally unfamiliar with the state water code, or any of the long history of water rights, although as director he would serve as chairman of the State Water Commission.
Instead, he responded with vague references to 鈥渕oving the needle鈥 and 鈥渁chieving efficiencies.鈥
And then there were the football metaphors about changing jerseys, moving to play for the other team, and having to step up your game when you鈥檙e playing against your friends.
Despite coming away with high regard for his personal characteristics, those I鈥檝e spoken to were uniformly distressed by his lack of relevant experience, not by his business ties.
鈥淚鈥檓 extremely disappointed that Mr. Ching does not have any demonstrated experience in managing an agency this big, or having knowledge of the many natural resource issues he鈥檚 going to face as DLNR director,鈥 Kaye said.
Kaye believes Ching鈥檚 lack of relevant knowledge and experience should doom his nomination.
鈥淭he learning curve he faces is just too steep and would take too long,鈥 Kaye said.
Karen Chun, a Maui activist and officer of the Sierra Club鈥檚 Maui Executive Committee, came to the same conclusion.
鈥淧utting him in charge of the Department of Land and Natural Resources is听like handing him a scalpel and asking him to take out your appendix.听听He just doesn鈥檛 have the training nor the background听to do the job. And it鈥檚 going to take more than a crash course to get him up to speed,鈥 Chun following Saturday鈥檚 meeting.
More than 7,000 people have now signed an calling on the state Senate not to confirm Ching.
has been referred to the Senate Committee on Water and Land, chaired by Sen. Laura Thielen, herself a former DLNR director from 2007 to 2010. No hearings have been scheduled.
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About the Author
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Ian Lind is an award-winning investigative reporter and columnist who has been blogging daily for more than 20 years. He has also worked as a newsletter publisher, public interest advocate and lobbyist for Common Cause in 贬补飞补颈驶颈, peace educator, and legislative staffer. Lind is a lifelong resident of the islands. Opinions are the author's own and do not necessarily reflect Civil Beat's views.