Despite irrational scare tactics, entrenched political power brokers, and half a million dollars-plus of out-of-state special interest lobbying money, Hawaii's voters must vote "YES" on the Constitutional Convention ballot question November 4. A YES vote is your only real chance at change and improvement. Nothing is guaranteed except that if ConCon does not pass, no meaningful changes will originate from the State Legislature. The past thirty years is our guide to that fact.
Hawaii's current State Constitution-a good document in most respects including the automatic calling of a ConCon question every 10 years-was drafted in 1950 and effective upon Statehood in 1959. A ConCon was held in 1968 and another in 1978. Major changes-good and not so good-were adopted 30 years ago. Attempts to support a ConCon in 1998 failed when Hawaii's Supreme Court ruled that blank ballots (in a ConCon ballot election only) count as "No" votes.
Some people say we don't need another look at our basic document. Reminiscent of the famous statement made by the head of the U.S. Patent Office in the 1880s urging closure of that office because, "all of the important inventions have already been discovered." Organizations that got special gains during 1978 are now afraid that the public may want to revisit aspects of those changes. Opponents express fear at what the public might do. It is troubling that lawmakers who hail the wisdom of voters who vote for them, now fear the same voters' right to openly discuss other issues that affect the people.
If you watched the two debates this week on local television, you have to be struck as to how shallow and self-serving the arguments of the opponents of a Con Con really are.
Monday night on KHON-TV2 (have you ever seen a less-appealing set and process?), Senators Colleen Hanabusa (D-Waianae) State Senate President, and Gary Hooser (D-Kauai) Senate Majority Leader, carried the banner for the powerful and the status quo, against former Democrat U.S. Congressman Ed Case and Republican Lt. Governor, James Duke Aiona. The message of the opponents was basically twofold: we can't afford a ConCon and it is too risky relying on the people because no one knows what they might do and whatever they do might result in take away of rights. The opponents also reassured us to trust them to continue to do what they think is best for us, even if we express opposition.
On Tuesday, KGMB-TV (wow, a real set with a real professional format!) brought back the ever-popular Senate President Hanabusa, and former head of the League of Women Voters, now featured on slick anti-ConCon tv commercials, Dr. Ann Feder Lee, against peoples' proponents Attorney General Mark Bennett and State Rep. (D-Makiki) Della Au Belatti. Bennett and Belatti clearly carried the day; everyone should watch this debate on line. During the debate, Hanabusa lectured the younger Belatti, an attorney, fellow liberal Democrat, and former member of the state Campaign Spending Commission, telling her at one point, "you don't understand unions."
In fact, that is what a lot of this debate is all about: preserving compulsory unions' stranglehold on the politics of Hawaii, money, and resisting even discussing any change. Unions are spending plenty-especially the National Education Association-to thwart any attempt at educational reform. Lord knows, Hawaii needs reform; parents and teachers tell us so, but the Legislature annually gives only lip service to reform while dolling out more taxpayers' dollars to maintain the same failed top down centralized education bureaucracy.
Both Hanabusa and Lee also said there was no outside money influencing our election because local teachers must pay both local (HSTA) and national NEA dues. What they didn't say was that these same union members never get a chance to vote on how their compulsory dues are used and to vote if they want NEA and others to lobby against their individual wishes. It's the same as the City's Hannemann Administration using confiscated tax revenues to lobby the taxpayers to support a $6 billion boondoggle steel rail train with $1.5 million in ads so far.
The opponents of ConCon-including the Democrat Party Central Committee (but not all Democrats), public and private compulsory unions, Office of Hawaiian Affairs, several environmental groups and apparently, the Chamber of Commerce of Hawaii-have warned us about high costs and dire effects of letting the people vote without knowing exactly what might happen. How bizarre!
While the costs of a ConCon have ranged from an estimated $2 million to over $40 million (if the taxpayers pay for all candidate campaigns, hand out top salaries and benefits and sequester the Convention in a luxury location which should not be done), a more accurate estimate is around $10-$12 million. A bargain for an opportunity to save taxpayers millions more in fiscal changes alone (balanced budget, expenditure ceilings, unicameral legislature or once every two year sessions, etc.) and to tune up a document that does need certain fundamental improvements for safety, health, education.
Those legislators that cry crocodile tears today about costs of a one-time in 30 years ConCon, are the same ones that bloat our budget, call for even more taxes and government intervention and increased government spending annually. The cost of each yearly 60-day legislative session is now $30 million; as KGMB-TV pointed out, the state spends $30 million-plus every day. We can afford this investment in democracy. We can't afford not to.
It is true that the Legislature can propose Constitutional questions and has done so piece-meal. Several good law enforcement proposals have been adopted (when Senator Hanabusa was Judiciary Chair; a post she no longer holds). This year, voters get to decide if the Constitution should be amended to lower the age for Governor to 25. Not exactly an earthshaking change. Many other issues have not even been discussed at the Capitol and probably never will.
I was elected to the Senate in 1996 and since my first session in 1997 I have regularly introduced legislation for statewide initiative, referendum, recall, term limits, unicameralism, fiscal notes and other financial accountability, election reform, privacy rights, eminent domain and many more-most of which were never even given a hearing. I am not alone and it is not a partisan matter. Leaders of the Legislature decide what is important to them-not the public, especially if the issue is too controversial. We spend most of our time on animal issues, drying clothes on a line, banning human actions and products and adding more benefits for lawmakers and their special friends, much to the consternation of the majority of voters who stopped paying attention to the Legislature long ago.
A Constitutional Convention gives everyone in Hawaii an opportunity to discuss the issues important to them. A ConCon is not a panacea. Some lawmakers will run-and win because of name recognition-but it still is predominantly a citizens' convention. Not all issues will pass a ConCon and if they do the voters yet again have the final say by vote. Do we need a ConCon? Yes. Can we afford it? Yes. The real risk is not having a ConCon and not trusting the people who pay for the elected elite.
Please vote YES on November 4.
Sam Slom is a professional consulting economist, president and executive director of Small Business Hawaii, and owner of his own business, SMS Consultants. He is also a Republican State Senator (8th district Oahu), Hawaii Kai to Diamond Head. Reach him via email at mailto:SBH@lava.net
