The state Senate’s Rule 81 — Standards of Conduct — requires senators to treat their colleagues, staff and the general public “with respect and courtesy” at all times, and “in a manner that promotes public confidence in the integrity of the Senate.”
Sen. Kurt Fevella failed on both counts. In comments before the Hawaiian Homes Commission last week, Fevella described Nani Medeiros, the nominee for state housing officer, this way: “Nani has nothing or no knowledge about Hawaiian people. I don’t care if she says she’s Hawaiian. Just remember now, the devil also was an angel. Remember that. So just because you’re Hawaiian doesn’t mean you have the passion for the people.”
This was not a legitimate criticism of state policy. It was a personal attack on Medeiros — on her intelligence, her motivation, even her moral values.
That’s not pono for anyone, but especially not for a state senator, who should, in the language of Rule 81, “freely and willingly accept certain restrictions on their … professional conduct that might be considered burdensome by an ordinary private citizen.”
Gov. Josh Green filed a complaint with Senate President Ron Kouchi, as well he should. And Fevella apologized on the Senate floor Friday, as well he should. These kinds of shenanigans can distract from the real work of governing; in this case, the issue of how the Department of Hawaiian Home Lands will spend $600 million to house Native Hawaiians.
Lawmakers have a lot of power, and they often wield it at hearings and informational briefings with top officials of state agencies.
These sessions can be of inestimable value to the public. Lawmakers have the duty of oversight and must balance competing interests. Officials testifying in person, engaged in productive discussions — and yes, spirited debate — with legislators, can result in better laws and fewer missteps. And because anyone can watch the sessions, the benefits of transparency are enhanced.
But these sessions also can, on occasion, be an embarrassment. It’s not unusual to hear complaints about lawmakers browbeating or bullying those who appear before them.
In 2015, Randy Perreira, executive director of the Hawaii Government Employees Association, took the rare step of posting an open letter to then-Sen. Roz Baker, objecting to her “lack of decorum, constant and rude interruptions, and abrasive and condescending comments to multiple testifiers” during a hearing.
There also are complaints about unprepared testifiers, legislators who don’t do their homework, and unfocused meetings that can drag on for hours, tying up the valuable time of state employees who should be doing work instead of waiting for their turn to speak.
The leadership in both houses needs to be vigilant in protecting the integrity of the process and addressing incidences of unproductive, gratuitous hostility — and hold members to their own rules of conduct.
