All is not well among the 24 state Senate Democrats. Today it is a minor problem, but as they say in the movies, there is a disturbance in the force.
For decades, Hawaii’s Senate has been run by consolidating several factions with the winners either dividing the spoils or holding the power.
Kauai Senate President Ron Kouchi, who took control by overthrowing Kalihi Democrat Sen. Donna Mercado Kim in May 2015, must now focus on his own mini revolt.
Four senators, including Kim, have written to Kouchi complaining that he is pushing the Senate to intervene in a lawsuit regarding the state Public Utilities Commission.
Kouchi is unhappy with the way Gov. David Ige appointed PUC attorney Tom Gorak as a member of the PUC, saying he thought the appointment should wait until the Senate could confirm or reject the nomination.
When former PUC chairwoman Hermina Morita, also a Kauai Democrat, did sue, Kouchi had the Senate lawyers file an amicus brief, essentially pulling the Senate into the dispute.
But there was no caucus meeting, no vote taken and senators are thinking Kouchi assumes they are so many potted palms.
“As a former Senate President, I am concerned that such a decision was made without convening the caucus,” wrote Kim.
In the past, Kim reminded Kouchi, the Senate leaders would meet on “matters of such magnitude,” giving them an opportunity “to deliberate or engage in discussion.”
Although the Senate gives Kouchi power to handle day-to-day details, “it does not give the Senate President carte blanche authority to make major decisions that impact the Senate without some opportunity for input, comment and adequate notice,” Kim wrote.
Longtime Kaimuki-Palolo Democrat Sen. Les Ihara wrote Kouchi saying, “I will and do object to Senate action on this matter.”
In an email to fellow senators, Sen. Gil Riviere said, “If we have a conversation and agree to go forward, I can hardly complain; but I am uncomfortable watching the Senate put forth a legal position that was never discussed and agreed upon.”
Kouchi explained to senators on Aug. 2 that he “authorized the Senate lawyers to appear on behalf of the Senate “in an amicus curiae capacity … in order to provide the court with additional arguments … including the Senate power of advice and consent and separation of powers.”
Kim said in an interview that she “never took the Senate caucus for granted.”
“It was never my style to push something through just because you already had 13 votes,” Kim said in an interview.
Kouchi has already shown he is willing to play politics to keep his Senate presidency.
The Big Island’s Hilo Tribune-Herald reported that Hawaii County Councilman Greggor Ilagan got $500 from Kouchi and Kouchi organized a Honolulu fundraiser for Ilagan, who is running against incumbent Sen. Russell Ruderman, who voted against Kouchi in last year’s reorganization.
Face-saving for Kouchi is not that important, but reorganizing the Senate is. There are many veteran senators who are hungry to move up the food chain, with the most enticing nibble being Sen. Jill Tokuda’s chairmanship of Ways and Means, control of the state budget and whether or not the Legislature approves another rail bailout.
Richard Borreca writes on politics on Sundays, Tuesdays and Fridays. Reach him at rborreca@staradvertiser.com.
