The Ige administration is struggling to fill on state boards and commissions.
They include positions on island burial councils as well as agencies聽focused on mental health and substance abuse, early learning, taxation, the environment and aerospace and space exploration.
It鈥檚 a tall order, one that vexes any administration. But it鈥檚 compounded by the fact that there are so many pukas to plug.
All told, the state has more than 聽with about聽1,686 seats total.聽Just over聽20 percent of the total number of seats presently聽sit empty.
The boards and commissions are considered an essential part of governance and a way to get citizens involved in the process. But only 12 boards聽are paid, although there is compensation for travel on others.
With all the vacancies, the administration and several lawmakers say the state聽may need to reconsider the size and scope of the panels and find creative ways to attract more applicants.
鈥淭here may be too many, as a matter of fact, and there is some duplication I have seen over the years,鈥 said state Sen. Sam Slom. 鈥淎nd some commissions are not really active and there isn鈥檛 anyone holding them to accountability.鈥
Slom is very familiar with the boards and commissions, as most members require Senate confirmation. As the lone Republican in the chamber, Slom sits on all confirmation committees.
The hundreds of nominations every year come on top of other appointments such as departmental heads and judicial nominees. When a new governor comes on board, as is the case with David Ige鈥檚 first term, the workload multiplies.
Terms are usually staggered so that there is continuity. All聽terms, which are typically four years in length, also expire on June 30, raising the number聽of the vacancies at the same time.
Several boards and commissions are doing necessary work and are influential and well-known, like the and the . Those two have been in the headlines recently regarding, respectively, the proposed NextEra-Hawaiian Electric merger and the permit process for the Thirty Meter Telescope.
More than 20 percent of the seats on state boards and commissions sit vacant.
There are also dozens of professional boards and vocational licensing programs, including ones dedicated to services ranging from acupuncture to pest control, from real estate to cosmetology. There鈥檚 even a five-member , one that currently includes聽Bienvenido Villaflor, a former boxing champion whose day job is the Senate sergeant-at-arms.
But many boards and commissions are relatively obscure and their responsibility rather vague聽鈥 for example, the聽, whose聽mission is 鈥to promote healthy family relationships by emphasizing the important role fathers play in the lives of their children.” Its 听濒颈蝉迟别诲聽planning for an International Fatherhood Conference and judging contest winners of student essays (鈥淭ell Your Story About Your Dad鈥). There is currently one vacancy on the commission, lists seven voting members.
Another agency, the , is tasked with coordinating all state-sponsored and other celebrations commemorating the memory of King Kamehameha I. But there are currently nine vacancies on the .
Honoring fathers and Hawaii鈥檚 greatest monarch is important, but so is the protection of the remains of Native Hawaiian ancestors. The fact that there are so many vacancies on 鈥 24 out of 33 positions 鈥 concerns one former member.
Jonathan Likeke Scheuer, who served on the Oahu Island Burial Council from 2011 to 2014, said the councils were created to protect human remains on private property and to involve the Hawaiian community, in particular those who can trace their ancestry to where the remains are discovered.
鈥淚t鈥檚 incredibly important, and it鈥檚 been a chronic problem filling vacancies,鈥 said Scheuer. 鈥淐ertainly, some of it is getting people to volunteer. It can be time-consuming.鈥
鈥Even for those of us who do not have that many assets to disclose, the financial disclosure gives a little pause.鈥 鈥擫UC board member Jonathan Likeke Scheuer
Most boards and commissions meet quarterly while others meet monthly or semi-annually, the state explains on the :听“Board members must be able to dedicate time outside of meetings to do reading, research, etc.”
Board聽members also will聽need to聽become familiar with Hawaii鈥檚 open meetings law (the Sunshine Law) and the open records law (known as the UIPA) as well as the and other key statutes, including those聽addressing聽standards of conduct. It’s a lot of material to digest.
Scheuer said another reason it can be difficult to get more people to serve on boards and commissions is that the Legislature last year 聽鈥 including the PUC and the BLNR 鈥 to the list of those whose members must publicly disclose their financial ties.聽
Also on the list was the , a powerful, influential聽agency聽where Scheuer now serves. Scheuer, who was not required to publicly disclose his finances when he was on the Oahu burial council, said, 鈥Even for those of us who do not have that many assets to disclose, the financial disclosure gives a little pause.鈥
Discouraging Government Service
Ige鈥檚 predeccesor and fellow Democrat Neil Abercrombie was among those opposing the increased financial disclosure. The former governor says he worried it would discourage government service and, oddly, be harmful to women.聽
Ige, who was running against Abercrombie at the time, supported the bill, however, which Abercrombie ultimately let become law without his signature. But more than a dozen board members resigned before the law could go into effect last summer, including five members of the LUC and one from the BLNR. The five LUC resignations left the nine-member commission without a quorum, halting for a spell its ability to conduct business. There’s now only one vacancy on the LUC.
Slom, the Senate Republican, supported the bill because, he said, it can reveal聽conflicts of interest. But he acknowledged that it can be a turn off when it comes to public service. He said he personally knew of one applicant to a state commission who was forced to withdraw from an appointment because her husband had signed nondisclosure contracts with clients.
鈥淯nder law both she and her spouse聽had to disclose聽their finances, so there are always聽unanticipated聽things that happen,鈥 he said, 鈥淏ut I want transparency in government.鈥
Still, there’s no evidence that financial disclosure requirements are preventing significant numbers of potential board members from serving.
Slom points to the experience of Carleton Ching as another reason people may shy away from appointments. The Castle & Cooke executive was聽withdrawn as Ige鈥檚 nominee to lead the Department of Land and Natural resources during the 2015 legislative session because he lacked the Senate votes for confirmation. Ching, who would have led the BLNR by virtue of his聽DLNR post, was criticized for lacking experience in preserving natural resources and being to cozy with developers. Environmental groups in particular opposed his nomination and ramped up political pressure on Ige to choose another candidate.
Citizen Expertise Is Important
In fact, lawmakers seek expertise from boards and commissions. They聽are established in the , state statutes and executive orders聽and聽are intended to provide an opportunity for citizens to have 鈥渁 voice in their government and provide a means of influencing decisions that shape the quality of life for the residents of Hawaii,鈥 according to the state鈥檚 website for boards and commissions.
Will Espero, a Democrat who serves as Senate vice president, said state government needs the experience and expertise that board and commission members bring. He said he is concerned that excessive vacancies mean important work may not be getting done.
Part of the problem of attracing applicants, said Espero, is lack of awareness that the positions exist.
鈥淢any people aren鈥檛 familiar with these boards聽and commissions,鈥 he said.
Espero added that he knows people who have applied to serve but were never called back, suggesting possible problems聽with the聽screening process.
鈥淭he administration needs to be more aggressive in seeking candidates and to go to places to find them 鈥 for example, with the tax review vacancies, talk to CPA organizations聽or accounting聽groups.”
鈥淢any people aren鈥檛 familiar with these boards聽and commissions.” 鈥 State Sen. Will Espero
Espero also complained about lack of departmental oversight. He pointed to the example of the Re-enty Commission, which was founded almost six years ago but has met only once since 2013. As Civil Beat reported in October, it鈥檚 because eight seats on the 10-member commission have been empty for more than three years.
Espero said he has followed up with the Department of Public Safety, reminding director Nolan Espinda聽that he promised to act on the Re-entry Commission, which was created through legislation sponsored by聽Espero.
Espero is also pushing for the creation of a medical marijuana commission in light of the establishment聽of medical pot dispensaries聽under a 2015 law.聽The senator expects legislation to that effect in the 2016 session.
In addition to creating them, the Legislature has the power to shut down boards and commissions. Two years ago, for example, the Commission on Transportation, which had existed for more than 50 years.
Then-Department of Transportation Director Glenn Okimoto supported the commission鈥檚 elimination, advising that its purpose was no longer needed and that it would streamline the operations of the DOT 聽鈥渨ithout negative impact to the public.鈥
But Owen Miyamoto, one of 11 commissioners, , arguing that it offered invaluable insight with transportation issues and was especially helpful to the neighbor islands. That said, Miyamoto also noted that the Commission on Transportation was without a chair and vice chair and had not met for almost a year before the Legislature decided to axe it.
‘Quality Is Critical’
It鈥檚 not clear how Hawaii compares with other states when it comes to boards and commissions. Elena Waskey, press secretary for the , said the NGA does not track state boards and commissions with a comprehensive database.
The NGA does, however, have a about governors鈥 appointment process, which makes clear how important it is to hire good people.
鈥淭he gubernatorial appointment process and the choice of appointees can send a clear message about the governor鈥檚 policy positions and management objectives to the public and state government,鈥 it explains. 鈥淭he appointment process also offers the governor an early opportunity to place key personnel and gain some control over the state bureaucracy.鈥
The NGA guide adds, “The quality of appointments is critical, because the governor鈥檚 appointees are perceived as extensions of the office. A good appointment will reflect well on the governor, while a bad appointment may undermine his or her programs and policies 鈥 or even embarrass the governor. The public will form a lasting impression of the governor based on the appointments made early in his or her administration.”
鈥淭here may be too many boards and commissions, as a matter of fact, and there is some duplication I have seen over the years.”聽鈥擲tate Sen. Sam Slom
The Ige administration is well aware of the frustrations that come with filling 鈥 or failing to fill 鈥 boards and commissions.
The governor’s office said in an email it has聽prioritized boards that require a quorum and ones that have “critical issues and decisions before聽them” 鈥斅爐he BLNR and the Hawaii Community Development Authority, for example, have no vacancies.
That said, some boards have not had a quorum because of members鈥 vacation or sick leave.聽The administration did not provide examples.
Ige’s staff聽is also reaching out to “the public, communities, state departments and agencies, various professional organizations”聽through news releases (one was issued in early November) and neighbor island outreach.
But the administration said the increased financial disclosure requirements have led to fewer applications. Certain boards also have specific requirements 鈥 for instance,聽being a parent of a disabled child between the ages of 1 and 6 鈥斅燼 category that is challenging to meet because of the Health Insurance Portability and Accountability Act聽Privacy Rule.
Asked if Hawaii has聽too many boards and commissions, Jodi Leong, Ige’s press secretary, said in an email the office is聽reviewing them聽to see “if the purpose of each board/commission is aligned with the Governor鈥檚 mission and vision for a better Hawaii.”
For Scheuer, the LUC board member, he’d like to see the boards and commissions themselves do more to get the word out about what they do, and why it is important to find people to serve on them.
“Generally, we live in a聽time where many people聽don’t聽necessarily聽understand the distinction聽between the level of local, state and federal government, and聽House聽members聽versus聽Senate members,” he said. “The myriad聽boards聽and commissions are at a level of detail that is just not understood by most people, but聽the boards and commissions thelseves聽do a very poor聽job 鈥 almost聽nonexistent 鈥斅爋f explaining聽and educating聽people about their purpose. They should become much more social media-savvy in the 21st century and tell people about who we are, what we do and why it’s important to be involved.”
Slom, meanwhile encourages the Ige administration and his fellow lawmakers to reach across party aisles to find competent people to serve.
“The Democrats have been聽in charge for 60 years and appointed a lot of people, yet we still haven’t solved all the problems,” he said, adding that during Republican Linda Lingle’s eight years as governor, the GOP surprised many Democrats by finding a lot of fresh faces to get involved in their government.
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About the Author
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Chad Blair is the politics editor for Civil Beat. You can reach him by email at cblair@civilbeat.org or follow him on Twitter at .