Work on the nine-member Honolulu City Council — or at least its primary function of making laws — came to a grinding halt Wednesday after its eight official members failed to elect a chairman, make committee assignments or schedule meetings.
The turmoil is caused by legal challenges against the election of Trevor Ozawa, who won re-election to the Council District 4 seat by beating former state Rep. Tommy Waters by 22 votes.
It will be at least six days, and possibly well into the month, before another meeting will be held because the state’s open meeting law requires a minimum public notice period of six days.
The Honolulu City Charter stipulates that the Council is to meet at noon on Jan. 2 of odd-number years and “shall elect one of its Council members as chair and presiding officer,” elect a vice chairman to serve as acting chairman, or select “a presiding officer pro tempore” in the event of an absence or incapacity of a chairman and vice chairman.
Traditionally, however, a majority of members agrees on a leadership slate, committee chairs and members and a calendar weeks in advance of Jan. 2.
Councilwoman Kymberly Pine, who was vice chairwoman of the previous Council, presided over the opening of Wednesday’s meeting. She recommended that the Council continue its meeting until further notice, a motion that was approved 8-0, making her the de facto Council leader until further notice.
Ozawa had been expected to be voted chairman by a five-member majority on Wednesday. Ozawa and three other Council members on Dec. 27 introduced Resolution 18-294, which calls for Ozawa to become chairman, Pine to continue as vice chairwoman and Carol Fukunaga as floor leader. Ozawa and Pine had been viewed as the two most likely members to lead the new makeup of the nine-person Council.
But the Hawaii Supreme Court, in an unprecedented move, late Friday asked election officials to respond to questions raised by Waters and a group of East Honolulu voters that separately challenged the votes.
The state Office of Elections responded to the questions Monday. On Wednesday afternoon, the High Court issued new orders granting the requests of Waters, who remained out of the country, and the voters’ group for additional time to file their responses to the latest actions. They will have until 4:30 p.m. Friday.
In a statement Wednesday, Friends of Tommy Waters said “We appreciate the Hawai’i Supreme Court ensuring the correct decision is made, not just the fastest. We have faith that the City Council will act in the best interests of all Honolulu residents, including Council District IV, until these questions can be answered and voters can be assured of an accurate result.”
Community advocate and Hawaii Kai resident Natalie Iwasa, who led the citizens group challenge, also has been out of town. Iwasa endorsed Waters after finishing third in the August primary day first special election.
Judge Lisa Ginoza, chief judge of the state Intermediate Court of Appeals, issued the oath of office to members Heidi Tsuneyoshi, Brandon Elefante and Fukunaga, all of whom won four-year terms this fall, but not to Ozawa, at the traditional inauguration ceremony Wednesday.
Chief Justice Mark Recktenwald had been scheduled to preside over the swearing-in. But on Monday, Judiciary spokeswoman Jan Kagehiro said in a statement that Reckenwald stepped away from the proceeding “because of the matters still pending before the Supreme Court.”
The Council, sans Ozawa, voted unanimously to allow Ozawa to sit with them in the “well” of the Council chambers through Wednesday’s proceedings, and he sat with his wife and two young daughters as Elefante, Fukunaga and Tsuneyoshi took their oaths.
Later, Ozawa drank awa (kava) given to the Council members and Mayor Kirk Caldwell.
After the meeting, Pine said Council members spoke with city attorneys before deciding to continue the meeting and delay a vote on leadership.
City Corporation Counsel Donna Leong declined to discuss the advice she gave to the Council, citing attorney-client privilege.
Council members had mixed feelings about the action, or lack of action, they took Wednesday.
Pine said she expects the Supreme Court to take action soon. “I think the Supreme Court has everything that they need, I don’t see them taking much longer on this situation which is why I felt calling a recess would be acceptable to all the Council members.”
Pine said the Council may not wait until a ninth person can be seated before deciding on a leadership slate and other Council business “if it does take longer than we expect and if it does hold up some of the workings of the Council.”
Ozawa said he was grateful he was allowed to participate in the ceremony. He reiterated that he believes the Office of Elections “went above and beyond” providing explanations regarding recounts and voter intent, the two issues raised by the challengers for which the court sought more answers.
Councilman Ikaika Anderson said he was “OK with recessing this today until this is figured out … obviously this is a fluid situation.” He said he was pleased that Ozawa was able to take part in much of Wednesday’s ceremonial activity “for his family.”
Tsuneyoshi, who takes over former Councilman Ernie Martin’s Mililani-Kahaluu Council District 2 seat, said the Supreme Court’s orders Friday were unexpected. “So I think time off and seeing what happens was the best decision for today,” she said.
Fukunaga said she thinks it would be appropriate for nine Council members to be seated before new leaders can be voted on. “I think that’s the appropriate process.”
Elefante said he supported a delay “for today” but added that the situation has left Council members uncertain about their assignments. He said “it’s a possibility” the Council could decide those issues before a ninth Council member is certified.
Caldwell said he was comfortable with the decision made by Council members Wednesday. “I think we need to let the process play itself out,” he said. “The Supreme Court has asked relevant questions.”
Caldwell said it’s up to Council members to decide if they want to wait for a ninth member before deciding leadership. But he noted that the Council does act with less than nine members from time to time.
Ozawa has been among Caldwell’s key critics while Waters has been a Caldwell ally since the two served in the state House in the early 2000s.
The challenges seek either a recount of votes or a new election. Former state Rep. Matt Lopresti filed a third challenge to 2018 election results regarding his failed Senate bid. Election results showed Lopresti losing to Republican Kurt Fevella by 116 votes for the state Senate’s District 19 (Ewa, Ewa Beach) seat. Lopresti also has until Friday to respond to recent filings in his case.
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