Shortly before 2019’s first City Council meeting, leadership roles were poised to change. With the nine-member panel’s last chairman, Ernie Martin, “terming out,” the prevailing sentiment was that Trevor Ozawa, who seemed to have secured re-election in November, would be voted in by the Council’s majority as the new leader.
But when Ozawa’s narrow-margin victory in the general election proved to be less than secure and he was unable to be sworn in for a second term, the Council deadlocked in decision-making, failing to elect leaders, designate committee assignments or even finalize a calendar.
Since then, for the sake of getting on with addressing a roster of pressing city matters, the Council has pulled itself together, unanimously electing an interim chairwoman, Councilwoman Ann Kobayashi, divvying committee duties and rightly prepping to install a temporary District 4 Council member as soon as next week.
East Honolulu residents should have representation before the unprecedented “do-over” special election between Ozawa and challenger Tommy Waters, which is now slated to be held within the next four months. And Ozawa should follow the Council’s lead in stifling impulse that stalls delivery of efficient and effective public service to constituents.
The Hawaii Supreme Court on Friday invalidated Ozawa’s 22-vote victory over Waters, who had challenged the election results, arguing that election officials made enough errors to call the close tally into question.
In what had the appearance of a sour-grapes response to the court’s decision, Ozawa on Saturday said justices should have recused themselves because of potential conflicts of interest. While he’s not alleging any specific wrongdoing, Ozawa said “the amount of conflict that this court has with my opponent is outrageous.”
His criticism was based on ties between Waters and three justices — Richard Pollack, Sabrina McKenna and Michael Wilson. Waters served as vice chairman of the nine-member Judicial Selection Commission that nominated Pollack and Wilson for appointment to the high court.
Also among Ozawa’s points of contention: Pollack was Waters’ boss when both were at the Public Defender’s Office; and McKenna’s law clerk lives in housing owned by an attorney for 39 voters who also challenged the District 4 election results.
Regarding Waters’ role in judicial selection, the state Judiciary has shot back a clarification of sorts, emphasizing layers of decision-
making. The selection commission submitted lists of finalists to then-Gov. Neil Abercrombie, who made the nominations later confirmed by the state Senate.
Regarding the law clerk issue, the Judiciary noted that McKenna had disclosed the residence-related information to all parties involved in the election challenge, and said that clerk would not work on the case.
Ozawa has also asserted that private attorneys rather than city-appointed attorneys should have been hired to represent the city clerk in this case because Mayor Kirk Caldwell is a Waters ally. This point seems to be his strongest, as Caldwell and Waters have been political allies since serving as state lawmakers in the early 2000s.
Ozawa, meanwhile, was part of a five-member Council faction that last year butted heads with Caldwell on critical policy issues, including how to cope with daunting financial shortfalls tied to construction of the 20-mile elevated rail route.
It’s unclear why Ozawa, who is an attorney, waited until after the court’s decision in this case to roll out vociferous objection. He should have made noise before last week’s ruling on the challenge.
What is clear is that to avoid prolonged Council limbo, the city should quickly move forward with the special election. Also, at the state Capitol, lawmakers should take a hard look at the apparent flaws in Hawaii’s election process that prompted the challenge, and correct them to avoid a future redo at the polls.