Pubdate: Sun, 15 Aug 1999 Source: West Hawaii Today (HI) Copyright: 1999 West Hawaii Today Contact: P.O. Box 789, Kailua-Kona, Hawaii 96745-0789 Fax: 808-329-4860 Website: http://westhawaiitoday.com/ IMPEACHMENT IS RESPONDING TO UNRESPONSIVE GOVERNMENT Impeachment is again gracing headlines of this newspaper, but on these latest occassions, it is closer to home. Marijuana advocates - or as many prefer to be called, hemp advocates - organized in East Hawaii have taken the offensive against Mayor Stephen Yamashiro, and six members of the Hawaii County Council. The hemp advocates are taking a new tack on an old argument. Traditionally, these same individuals have testified before the County Council during budget hearings and raised concerns about marijuana eradication. While the activity is legal, the hemp advocates claimed the county funding of the eradication efforts was not. Their argument was simple, but its effectiveness will be tested in the courts, an appropriate venue. Hemp advocates allege the funding is illegal because the county has not, to their satisfaction, provided necessary program review for the eradication efforts. They cite the Hawaii County Charter provision that mandates program review as a requisite for the funding. The county, predominantly through its elected council, has in the past maintained that mandated "program review" was fulfilled in the budget hearing process itself, and for several budget cycles has dismissed the pro-marijuana advocates with this explanation. Hemp advocates didn't buy it; they resorted to the due process of impeachment set forth in the same document that calls for the disputed review, the Hawaii County Charter. The petition submitted to the Third Circuit Court also alleges the six councilmen and mayor, through the unauthorized funding, denied justice, destroyed domestic tranquility and fostered increased crime and hard drug use. We agree helicopter overflights are annoying. However, the copters wouldn't have to fly if people weren't cultivating marijuana -- which remains illegal in Hawaii. It is a stretch, however, to perceive justice denied, or an increase in crime as a result of these efforts. That aside, what is important is that elected officials follow faithfully those rules established to enhance a fair process of governance. Challenges to the actions of elected officials may be an annoyance to those targeted, but the challenges will ultimately lead to a clearer definition of what government may and may not do. Calling upon the third branch of government to intercede through the impeachment petition is appropriate. We await a prompt, decisive action from the courts. We would also raise the question about county program priorities in light of funding and community needs. There are federal funds that flow into the county provided that certain activities are pursued. In the Police Department, two very visible programs are marijuana eradication and seat belt enforcement. Is the federal money the impetus behind the continued eradication efforts, and how exactly is that money being used by the department? A program review would answer fully these questions. It is difficult to weigh the impact of the marijuana eradication efforts against the overall marijuana problem on the island and its associated crime problems opposed to man hours spent in that pursuit which would otherwise be spent on other police law enforcement activities. A program review, exactly what the petitioners seek, would address that issue. In the context of seat belt enforcement, however, the issue is not so obscure. Teams of police officers spending hours each week tagging drivers for no seat belts, which will net federal funds, can be measured against other traffic enforcement or police activities that might take place instead. When conservative estimates place one in four drivers without insurance, the crime of not using a seat belt seems incomparable. Program reviews, as well as audits, seldom have a negative impact on the efficiency of government. They are a good thing and deserve support in and outside of government. We don't like the idea of impeachment, however. Neither do we support marijuana cultivation or use. But we do demand responsive and responsible government and support whatever measures might be necessary to force an intractable government into following its rules of governance. - --- MAP posted-by: Don Beck