Pubdate: Thu, 10 Aug 2000
Source: West Hawaii Today (HI)
Copyright: 2000 West Hawaii Today
Contact:  P.O. Box 789, Kailua-Kona, Hawaii 96745-0789
Fax: 808-329-4860
Website: http://westhawaiitoday.com/
Author: Keith Kosaki, West Hawaii Today

COUNCIL WON'T REVISIT POT VOTE

Leithead-todd Move To Reconsider Federal Grant Nixed

HILO - An unexpected attempt by the County Council to reconsider a $265,000 federal marijuana eradication grant failed to gain support Wednesday.

Four council members who voted for the grant in July said at Wednesday's regular council meeting they had a change of heart about the insurance policy provision in the grant. Hilo Councilwoman Bobby Jean Leithead-Todd moved for the reconsideration, which was seconded by Aaron Chung of Hilo. They were supported by Dominic Yagong of Hamakua and Leningrad Elarionoff of Kohala.

Voting against reconsideration were Chairman James Arakaki of Hilo, Vice Chairman Al Smith of Puna, Kona councilmembers Curtis Tyler and Nancy Pisicchio and Julie Jacobson of Ka"u.

If the reconsideration had passed, it would have been added to the agenda for the Aug. 23 council meeting. Leithead-Todd said she would have tried to remove the insurance policy provision in the grant. Without the insurance, it was possible the grant could have been rejected by the council.

The council approved accepting the grant July 26, contingent on obtaining a public officials liability insurance policy before the funds are spent. The policy would pay for legal counsel if an impeachment petition is filed against council members who supported the grant.

Pro-marijuana advocates already have attempted to impeach Mayor Stephen Yamashiro and six County Council members for not conducting a program review of the eradication program, also known as "Green Harvest." One advocate has said he is considering a second attempt at impeaching the elected officials.

Arakaki said Wednesday he's not sure how he would have voted Aug. 23 had the reconsideration passed and the insurance policy provision removed. He said in July he would support the grant only if the insurance was included.

Tyler, Pisicchio and Jacobson consistently have opposed eradication grants. Smith also recently voted against the funding. Had Arakaki joined them, it would have been a five-member majority.

"I don't know," Arakaki said. "The police and DEA (Drug Enforcement Administration) told me they got this money for insurance, so I said, "OK, do it.'"

Leithead-Todd and Chung said they wanted to reconsider their votes, because they weren't comfortable with the provision for public officials liability insurance. Both said they knew the funds could be in jeopardy if the insurance provision was removed.

While the council members changed their positions on the insurance, they did not change their stances on marijuana eradication.

"My resolve to support the eradication has not dampened," Chung said. "I will continue to support the eradication program - minus (the insurance) amendment."

Elarionoff said, "(The possibility of) getting sued should not be considered anymore - it's a given."

Arakaki's main concern has been the lack of indemnification for county officials for accepting the money. He said the state Legislature is indemnified for accepting funds, but not the council.

Although he said he believes he would prevail in an impeachment, Arakaki said council members should not be exposed for simply accepting the money from the state or federal government.

"Somebody's got to recognize we're doing our work and we should not be faced with these lawsuits," Arakaki said.

Obtaining the insurance policy hasn't been easy. Police Maj. Morton Carter and Bill Gray, purchasing manager of the county Finance Department, said they still are working to obtain the required insurance.

"So far I know of about seven companies that are not interested," Gray said. "I've had some indication that there are some that might be."

In addition, the council rejected a measure that would have raised nonresidential monthly sewer user fees from $23 to $31.

Nonresidential users, which include businesses and churches, also pay a $3.80 surcharge for water consumption exceeding 8,000 gallons a month.

Peter Boucher, county Wastewater Division chief, said the nonresidential hike would have raised an additional $87,500 in revenues. He said the revenues would have been offset by refunds to customers on county gang cesspools.
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MAP posted-by: Terry Liittschwager