Here we go again.

With a special legislative session expected to convene next week in an attempt to salvage Honolulu鈥檚 wildly over-budget and still far from finished rail system, another nebulous group has surfaced with a public relations blitz aimed at pushing lawmakers to dig deeper into the public鈥檚 pocket to keep the rail on track and fully funded in its original form.

A lot of these groups have popped up temporarily during the course of the long debate over the controversial rail system.

The latest, , surfaced publicly last week when it released a new survey purporting to show widespread and deep support for the rail and, more specifically, for completing the system all the way to Ala Moana Center as originally planned.

East Kapolei End of HART rail guideway. Tilt shift lens used.
Honolulu’s $10 billion rail project is the largest construction project in state history and a boon to unions and contractors. Cory Lum/Civil Beat

The Friends of Rail website describes the group as 鈥渁 grassroots organization formed to support the completion of Honolulu鈥檚 20-mile, 21-station rail transit project.鈥

But there鈥檚 almost nothing grassroots about it. Instead, FOR appears to be a classic example of an 鈥渁stroturf鈥 group, one which makes phony claims about a grassroots base to cover its actual control by special interests, including well-funded corporations and unions, along with their public relations firms and varied consultants.

Special interest groups taking their message to the public is, of course, business as usual. But things get messy when groups emerge wielding big money to sway public opinion or, as in this case, the views of legislators, at the last minute, when there鈥檚 little time for the public to figure out who鈥檚 who.

Friends of Rail鈥檚 last minute appearance makes it difficult to know just who is behind the group, who is paying their bills, and what is being spent to shape policy in their own interests. It is really anything new or just same old, same old?

It鈥檚 important to know the financial backers of the Friends of Rail campaign. Most of the group鈥檚 members and supporters identified so far have direct financial stakes in completion of the rail project.

One result is that they may be more willing to accept continued unmitigated cost overruns as necessary to keeping the project, and their own financial interests, on track. By contrast, 听the public might rightly see the overruns as a drag on personal and public finances. That鈥檚 why evaluating the issues being presented requires knowing the players.

Who鈥檚 Running This Show?

Friends of Rail describes itself as a nonprofit entity registered under section 501(c)(4) of the Internal Revenue Code. Such groups generally promote public policy issues which the IRS recognizes as promoting 鈥渢he general welfare of the community.鈥 By law, (c)(4) groups are considered tax exempt, but contributions to them are not tax deductible.

However, 鈥淔riends of Rail鈥 turns out to be a trade name. It was registered by a different (c)(4) group, the Committee for Balanced Transportation, on March 1, 2017, state records show.

The latter group was registered to do business in Hawaii in 2005, at the beginning of the current rail planning. In 2008, when the question of whether or not to proceed with Honolulu鈥檚 proposed 鈥渟teel wheel on steel rail鈥 transit option was put to the voters, the committee registered the trade name 鈥淕o Rail Go鈥, which was prominent in the pro-rail campaign.

The Committee for Balanced Transportation/Go Rail Go reported spending $429,000 in favor of rail in 2008, according to state campaign records.

The pro-rail forces prevailed on the ballot measure by a narrow margin, with a bare majority of 51.6 percentage of voters approving of the rail plan.

The Committee for Balanced Transportation has continued to register annually with the state, but does not appear to have had any ongoing activities.

Instead, it seems to be a legal shell that can be pulled off the shelf to be used by ad-hoc pro-rail groups as they are formed for specific campaigns. Shortly after the committee registered the 鈥淔riends of Rail鈥 name with the state in March 2017, two of its three directors were replaced.Those changes have not yet been reflected in official business registration records.

Ryan Akamine, an accountant who is listed in state records as president/director of the Committee for Balanced Transportation/Friends of Rail, is the only previous director who continues to serve.Akamine could not be reached for comment this week.

The Honolulu rail project has been the subject of support and opposition, including during the past several elections. John Hook/Civil Beat

An email inquiry to Friends of Rail was initially responded to, also via email, by Rebecca Soon, chief operations officer for Solutions Pacific LLC, a Honolulu consulting firm. The company is owned by Soon and her father, Ray Soon, according to state records.

The elder Soon stepped down at the end of March 2017 after 3-1/2 years as Mayor Kirk Caldwell鈥檚 chief of staff. Rebecca Soon is a former legislative aid to then-City Council Member Stanley Chang, and later was finance chair for Chang鈥檚 successful Senate race last year, and has been active in the Oahu Democratic Party. She has considerable background in project and business management, and community outreach.

Later, a more substantive response came from Emmanuel Zibakalam, who described himself as the spokesman for Friends of Rail.

Zibakalam owns his own consulting firm, Pacific Business Advocates LLC, and was recently selected for 2017鈥檚 founded and still directed by former Honolulu Mayor Mufi Hannemann.

Zibakalam said he is serving in a volunteer, unpaid capacity with Friends of Rail after being recruited several months ago by Akamine to serve as a director.

He identified the group鈥檚 third director as Katherine ‘Kaki’ Vessels, a 2016 graduate of the University of Hawaii law school who was also recruited in the past severalmonths. Vessels is currently employed at the Bays Lung Rose & Holma law firm, according to the current state Bar Directory. Vessels recently replaced Alicia Maluafiti, lobbyist and owner of Lo鈥檌hi Communications.

Just A Few ‘Different Guys’

Zibakalam was vague on exactly how Friends of Rail operates. While the board provides 鈥渟trategic planning,鈥 the group does not have any paid staff running day-to-dayoperations, he said.

鈥淲e have no paid staff per se,鈥 he said, but instead rely on a public relations firm, along with 鈥渄ifferent guys that help out.鈥 These individual 鈥渧olunteers鈥 come from groups that are members of Friends of Rail, including private companies and unions, Zibakalam said.

And help out they do.

For example, Friends of Rail was in the news last week when it released a new survey conducted by Anthology Research on public attitudes toward Honolulu鈥檚 rail project.The survey was actually paid for by and , both listed as members of Friends for Rail.

鈥淚t was given to us by one of our members,鈥 Zibakalam said, apparently referring to one of the unions.

Other organizations identified as members on the Friends of Rail website include the , Hawaii Laborers-Employers Cooperation and Education Trust, West Oahu Economic Development Association, and . Only the latter really has any claim to legitimate grassroots.

Following The Money

The state lobbyist law, , requires disclosure by 鈥渁ny person鈥 spending $1,000 or more during any reporting period communicating with legislators, directly or indirectly, to influence legislative action. The term 鈥減erson鈥includes corporations, unions, associations, 鈥渙r any other organization or a representative of a group of persons acting in concert.鈥 Friends of Rail appears to fall in that category.

Contributions and expenditures to be reported, according to the disclosure law, include not only actual cash amounts, but also the value of any 鈥渁 contract, promise, or agreement, whether or not enforceable,鈥 to make a future contribution or expenditure.

Dan Gluck, ethics commission executive director, confirmed Tuesday that any groups spending $1,000 or more to influence the outcome of the special session 听are subject to the disclosure requirements.

鈥淎lthough organizations do not need to register as lobbyists鈥攐nly individuals are considered lobbyists鈥攖hey do have to disclose their lobbying expenditures and contributions,鈥 Gluck said.

Zibakalam wasn鈥檛 able to say when Friends of Rail was actually formed and began planning for the special session, saying he has only been involved since Akamine reached out to him 鈥渁 couple of months ago.鈥 He said the group does not have anyone lobbying legislators on its behalf, although member organizations may have their own lobbyists.

Friends of Rail will instead focus on its public relations effort, including the current series of multi-media ads aimed to convince the public, and their elected representatives, that funding should not require any changes to the planned rail system.

How much money is being spent and where it comes from won鈥檛 become public until after the fact.

鈥淲e are going to be as transparent as we can,鈥 Zibakalam said.

However, the deadline for filing those disclosure reports with the ethics commission isn鈥檛 until 30 days after the special session has adjourned.

All votes will have been taken, and the funding issue likely decided,well before the public has any opportunity to know how much money has been spent by special interests to sway the legislature鈥檚 decision in their favor.

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About the Author

  • Ian Lind
    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.