Senate Standing Committee on Agriculture and Environment
- Unidentified Speaker
Person
Industry Administrator, Dr. Isaac Maeda. Aquaculture and Livestock Support Manager, Todd Lo. Quality Assurance Division Administrator, Dr. Leo Obaldo. Commodities Branch Manager, Keith Otsuko. Our Measurement Standards Branch, Richard Cohen. I didn't see Rick here. Yeah. Okay. And then our Plant Pest Control Branch Manager, Dr. Han Lau. Pesticides Branch Manager, Esther Weishardt, Plant Quarantine Manager, Jonathan Hole.
- Unidentified Speaker
Person
Christopher Kishimoto, our Plant Quarantine Inspection and Compliance Officer. Administrative Executive Specialist, Carol Okada. GIS Manager, Craig Cluett. Joey Oka, our Food Safety Specialist. And finally, June Tuliao, our Hemp Specialist.
- Donovan Dela Cruz
Legislator
Oh, and Sharon was not being able to make it and she extends her apologies for not being able to attend today. Table six.
- Donovan Dela Cruz
Legislator
Maybe you can just explain the reason for the increases. There's only two, right? The ceiling increases?
- Unidentified Speaker
Person
Yeah, the ceiling increases. Okay, so the animal quarantine special fund increase is because we need to do—we've been kind of developing electronic system for bringing in the dogs and the cats for the rabies quarantine program. This is to kind of finalize that and do the final upgrades for that computer program.
- Unidentified Speaker
Person
And then the second one is to—our pesticides branch has been getting additional staffing because of the Act 236. So, we're looking for additional space. They're kind of tight right now, so, we want—asking for increase in the ceiling to fund those office renovations.
- Unidentified Speaker
Person
Yeah, it's just a federal ceiling on the brown tree snake program.
- Jonathan Ho
Person
Good morning, chairs, vice chairs, members of the Committee. Jonathan Ho, Plant Quarantine Branch Manager. Yeah, so the ceiling is being increased because it's been told to us that this is likely the last year that we're going to be getting the federal grant funding for that program.
- Jonathan Ho
Person
We haven't received it yet, but generally about between 350 to $400,000 a year.
- Jonathan Ho
Person
Yeah. So, that's inspections 24 hours a day, 365 trapping detector dog. Yeah. And rapid response efforts and training.
- Jonathan Ho
Person
So, thankfully, we do not have a brown tree snake. And you know that that has a lot to do with not just us, but our federal partners and, and local partners in Guam. The Administration, I think is—the Federal Administration is I think looking at kind of minimizing things.
- Jonathan Ho
Person
So, they're, they're, they want to direct all the funds only to be used in Guam, not for use in Hawaii.
- Lorraine Inouye
Legislator
That's okay. Snakes get on the plane from Guam and they miss the inspections, then we have to deal with it ourselves at our own costs at the airports. That's what's going to happen. And the airlines will end up paying for that service, I'm sure.
- Jonathan Ho
Person
Yes. So, this year we, we should be having the funds and then, but yeah, so the, the federal folks do do—so, the federal inspections are still going to occur. That's not going to stop. So, it, it's the, the, they're not funding the, the secondary inspection basically, which is the state portion.
- Jonathan Ho
Person
And sometimes they do miss flights, which is very rare, but—and we will still be working with those partners regardless of whether the, we're getting the federal grant because obviously we're not—we don't want brown tree snakes to be entered into the state.
- Lorraine Inouye
Legislator
In a sense, not safe. But I think the flights from Guam is only at TKI Airport. I don't think the Guam flights go direct into the, those like Maui and Kauai, so, but then.
- Jonathan Ho
Person
Yeah, so, we inspect flights not just from Guam. So, we'll also do like Australia, Saipan, other places that either have palm tree snakes which are, you know, naturally occurring or may have been introduced. And I want to say last year, I think there were four flights that did not come to Honolulu.
- Jonathan Ho
Person
I think there was like two in Maui and one on Kauai or something like that. So, those are like private jets, for example, not necessarily commercial flights, but we do inspect those as well.
- Jonathan Ho
Person
The last time a snake was found is in like the 90s. So, the, so the, so the program obviously has been effective. But again, just because we haven't found a snake doesn't mean we should stop checking.
- Lorraine Inouye
Legislator
Well, you never know too because if you know what they're doing is they're hijacking and they might have just fallen off into the ocean somewhere. Thank you.
- Kurt Fevella
Legislator
Since you, you guys are preparing, you guys already know that you guys are not going to get the federal grant. What are you guys doing to talk to our delegates to emphasize the Administration for the federal side to let them know how important it is to continue this program.
- Kurt Fevella
Legislator
Is anybody from your guys' department reaching out to our delegates in the federal, you know...you know any of them?
- Unidentified Speaker
Person
I think we, we're going to be going up shortly with the Lieutenant Governor to meet with USDA and we're going to let him, we can let them know at that time that our concerns about that.
- Tim Richards
Legislator
It's a supplemental budget hearing, just, but following up on the, the AG forms, the declaration forms for coming in. Last two flights I've been on has been electronic and I don't know if it has it rolled out completely and is there enough funding to do it and how is that being administered? I realize this is operational, but.
- Jonathan Ho
Person
Yeah. So, all the flights, all the domestic flights, are now under the program, and we used existing funds to create the system and, and maintain it. We're still using existing budgeted funds to continue it.
- Jonathan Ho
Person
And right now, I don't believe that we're going to need more funding to continue using the system as it is because it's pretty straightforward. If we're going to do a large scale, I guess, revamp of the system, that may require some funding with the DOT or the Go Hawaii app.
- Jonathan Ho
Person
You know, there's some, a funneling of folks to that app through the, through the end of the AG form. And obviously, we're still working with DOT and HTA to make sure all of that stuff is seamless. But yeah, we don't expect any, you know, major needs of funding to maintain that program.
- Tim Richards
Legislator
Who's reviewing the data? Is the funding in place to be sure that you fill out the form but then it's online so it's going somewhere to make sure?
- Tim Richards
Legislator
Okay, so all day, every day, because there's a lot of flights that come?
- Jonathan Ho
Person
Yes. Yeah. So, so we're tied into the OAG system. So, that's the system that DOT uses for all of the flights. So, the, the system—so, each, each individual passenger fills out deck digitally and the staff have, for all intents and purposes, instantaneous access to the data.
- Jonathan Ho
Person
The—basically what ends up happening is people declare it goes into a bucket, which we can see and the airlines provide us the passenger count, crew count, origin, things like that.
- Jonathan Ho
Person
And what happens is once they do that, it—all the passengers who are on that particular flight, they get pulled from the bucket and then the staff can then can then go through it.
- Donovan Dela Cruz
Legislator
But at some data center. Because when we went to New Zealand, we actually saw that they actually have a room full of computers, full of staff. So, who, who's—what he's asking—who is actually sitting at a desk reviewing all that in real time?
- Donovan Dela Cruz
Legislator
So, there's no actual designated area? People are just like wherever they're at.
- Jonathan Ho
Person
Yes. So, so for example, in Honolulu, there, there's an office. So, they go into the office, they log into the computer. They can—they know which flights are coming. They can check everything.
- Donovan Dela Cruz
Legislator
So, should be seen—should seem to be more formalized than so loose. Like when we went to go see the New Zealand one, they were way more formalized, way more professional. Not loosey goosey.
- Tim Richards
Legislator
Because we're talking, Chair, we're talking biosecurity and it's fine if we're collecting it. It's a step forward. But your comments, you said they can review it as opposed to they are reviewing it. My concern is stuff is going to fall through the cracks, which we know it does anyway. But that's why—and why Chair is talking about formal.
- Jonathan Ho
Person
Yeah. So, so, specifically, for...arrival, like, we don't have a night shift yet, but we're using overtime to check every flight that comes in at the airport.
- Jonathan Ho
Person
Statewide, I think it's 17, I believe. That's with the old ones and the new ones.
- Donovan Dela Cruz
Legislator
What happened to the biosecurity academy that was supposed to be established with Leeward? Carol.
- Unidentified Speaker
Person
We're having discussions with the Leeward Chancellor and we're talking about them at first starting off with this, following us through our, so that we can prepare the students so that I think before we start the curriculum.
- Unidentified Speaker
Person
I'm sure they're already having biosecurity classes, but we're trying to formalize a biosecurity campus so we have a set curriculum of what we need.
- Donovan Dela Cruz
Legislator
Well, we got to expedite that because DOCARE has an academy. Right. You go through with HCC so you get hired by DOCARE. If you pass the academy within probation, you get hired. You don't pass, you don't get hired. Yeah.
- Donovan Dela Cruz
Legislator
So, it was supposed to duplicate what DOCARE already does so that DHRD doesn't give us a hard time.
- Donovan Dela Cruz
Legislator
But it's already done. There's a template for it. Leeward is willing to do it. So we got to expedite that. Right? Because if not, how are you going to fill these positions?
- Unidentified Speaker
Person
Yeah. So what we're also doing is there seems to be two needs. One is just for the inspector line, the actual ones who wear the badge, carry out the inspections due to violations and then there's another need which is actually on the ground doing the response work.
- Unidentified Speaker
Person
And so when we asked the Chancellor because one of his main things was that we need to be able to have careers for these students coming out, not just jobs. And so what we're aiming to do is create a higher level technician that the salary is then a career.
- Unidentified Speaker
Person
And we talked to him about that and he was amenable to that. And so what we were going to be pursuing because there's actually two needs is go that two routes with them.
- Unidentified Speaker
Person
And so only if that student wants to go further and become a full on inspector, then they need additional time on a fourth year or added experience. But otherwise we can get them on board with as a research your guys vacancies.
- Donovan Dela Cruz
Legislator
I mean you have like pages of vacancies so you guys got to figure out how you're going to start filling them.
- Donna Kim
Legislator
Also if you know you're going to try to make a perfect system for a career. Right now we need jobs so you need to start to get them in there and while they're on the job then they can decide if they're going. To be a career.
- Donna Kim
Legislator
If you're going to wait till you have a whole curriculum for a career, we're never going to fill.
- Unidentified Speaker
Person
Right. We have a number of 89 day hires that don't quite meet the requirements but they are interested. So we have them in the field.
- Donovan Dela Cruz
Legislator
But even if you don't finalize the full academy, just get the CTE certificate so that they can do dual credit early college.
- Donovan Dela Cruz
Legislator
Like, get it going. Get something going. Because if not, why we gave you guys all these positions. If you're not going to fill them.
- Donovan Dela Cruz
Legislator
You know, And I mean, there's interest to make sure that this is 247.
- Michelle Kidani
Legislator
So do you have a hurricane on every island? Do you have a curriculum that you're giving to the high school so that they are aware of the needs?
- Donovan Dela Cruz
Legislator
No, no. What's supposed to happen is they're supposed to work with Leeward. Leeward will establish the curriculum. They DOE will then work off Leeward's curriculum to feed into Leeward, but it has to start with the community colleges. So what's the CTE certificate? Then? DOE can link it.
- Unidentified Speaker
Person
And Leeward is also agreeable to have the classes that have prevented inspectors from being hired, which is like classes on entomology. UH Manoa doesn't have it every. Every semester is very limiting. So they're agreeing to have that class that. So a student can just that.
- Donovan Dela Cruz
Legislator
But this has been changing all these MQs, right, because some of them require just a bachelor's degree and nothing specific.
- Donovan Dela Cruz
Legislator
So you could have a journalism bachelor's degree like some people at this table, and work at Department of Ag and have no AG experience versus if you have a CTE AG certificate, but yet you cannot get the job because you don't have the bachelor's Right. That I don't know.
- Donovan Dela Cruz
Legislator
DHRD and DOA got to really clean this up. And I know lots of employees are like, hey, well, I had to get my bachelor's. Well, too bad. This is a new. We got to figure out how we're going to fill these positions and hire local people.
- Unidentified Speaker
Person
You know, they're willing. So it's a matter of we have the money to enter into the contract that starts it off. So the beginning is they're just trying to reach out to who has all the curriculums available and then to come up with a set one. It's as far as, what's your target date? This third quarter.
- Donna Kim
Legislator
Are you asking for money? No, no, we have it started to. You have the money?
- Unidentified Speaker
Person
We have the Fund from the previous bill. It was a matter of where our resources are. And right now there's so many battles because the pests keep on moving and yet we have to keep ongoing operations. So right now Jonathan is.
- Unidentified Speaker
Person
But his primary function in the hiring is in settling all the higher level positions as you go. Fives and fours, then it goes back into. Yeah, but I don't think you have.
- Donovan Dela Cruz
Legislator
To work go do it. You have to multitask because if not, we're in tough times. We're going to take the money. Right. So a lot of these vacancies, you know, like lots of Members, they don't want, they don't want to put the hold on the tax breaks. Right.
- Donovan Dela Cruz
Legislator
And no, not one Department cut, not one Department said, zero, we're going to give up special funds. Now one Department says we're going to give up cash balances. So we haven't even cut any budget yet. We're going to take away tax breaks from, from the public.
- Donovan Dela Cruz
Legislator
So if you guys aren't ready and you're, and you're not going to be able to spend it so that you can do these things, then we got to look at where we're going to grab money so that we can preserve whatever tax breaks we can for the public.
- Lorraine Inouye
Legislator
Question. So the program, no matter you have the resources, you have the monies you need to fill the vacancies, the personnel. But it seems like I'm hearing that you're supposed to be organizing with the university, right? So that means that is the university or are they willing to accept the program? Yeah, yeah.
- Unidentified Speaker
Person
So we have. They're primarily doing our diagnostics right now. They're working on research for like the two line spittle, crb, lfa.
- Donovan Dela Cruz
Legislator
Academy has a number of classes. Yeah, yeah. And then you get a certificate or that can work in doc here. Yeah. So they're trying to get ready.
- Donovan Dela Cruz
Legislator
These guys are the slope guys. Yeah, Libra is ready. These guys got to hurry up because lever's been waiting. Right. And a lot of it is the Director has not corresponded and who's not here. So we, we could be picking on the wrong person, but Leroy's been waiting.
- Donna Kim
Legislator
Sure. Can I follow up on the forms? So what is the percentage of participation of the number of passengers coming in and actually answering?
- Unidentified Speaker
Person
Right now it averages, it fluctuates depending on the airline, but we're averaging a little over 72 to 75%.
- Donna Kim
Legislator
So what's happening with the 25%? What are you guys doing about that?
- Unidentified Speaker
Person
It's very similar to, with the, the paper form. We need good cause and to, to, to detain and, and, and, and hold them for the inspections.
- Donovan Dela Cruz
Legislator
Can I just say, you neglected to do it. You were required to do it. You didn't do it. You get a fine.
- Unidentified Speaker
Person
Yeah. The, the, the, the checking is I. To do a consistent check on, on all the passengers in a uniform manner across the state is the biggest challenge in that we don't have the staff to be able to do that uniform.
- Donovan Dela Cruz
Legislator
Zero, that's what we're talking about. That Leeward Academy. We're talking about making sure we can do 247365.
- Donna Kim
Legislator
Yeah, no, but we're also talking about when you say that, zero, yeah, they're reviewing the forms and that I have that concern because when do you review the forms? Because even the paper forms, even though we wrote down I have a snake. Nobody called you, you know, nobody called you.
- Donna Kim
Legislator
So when are they reviewing it and, and are they comparing it with the number of people that if you don't.
- Donovan Dela Cruz
Legislator
Take it seriously, that 72% is going to go down to 65 and then to 55 and then to 50 because they know nobody's checking, nobody's getting a fine. Nothing is happening. If you start finding people, the number is going to start going up.
- Donna Kim
Legislator
Well, the other problem is, and I don't know, have you traveled and have you filled out the form online?
- Donna Kim
Legislator
Okay. Because you know what? Once you check in, the form pops up, but if you don't do it right then and there, it's very hard to get the form. And we had that problem.
- Donna Kim
Legislator
And the House Member that traveled with me and we just came back on Tuesday, he couldn't get the form and I couldn't get the form. So it's really hard.
- Unidentified Speaker
Person
The. So when the system was created, we worked with the airlines to allow them to disseminate the form in the best way that they felt was effective for their systems and their clientele.
- Unidentified Speaker
Person
And we've heard the same issues in that each airline does it slightly differently and which creates, I think, to some extent, some of the experience issues. And. We haven't quite figured out, I guess, a way to like, mandate how they're going to run their operations per se.
- Donna Kim
Legislator
But isn't that part of the process? I mean, why, why have this if the airlines are not going to be doing it correctly or doing it so that it happens and you guys know that is going on, but you sat there. I don't know what you guys are doing about it.
- Donovan Dela Cruz
Legislator
And we could withhold airport improvement funds until the airlines comply, you know, and.
- Michelle Kidani
Legislator
The passengers are all sitting there waiting to board. Wouldn't that be a good time for them to fill in the form? And when they board some of the airlines.
- Unidentified Speaker
Person
That's what, that's how they're doing it. And some are doing it in required for all airlines.
- Donna Kim
Legislator
And some airlines have the code when you're sitting there and they'll announce it, but they don't announce it complete all the time. So people coming in and out, you know, when you last minute get on the plane, they don't do it and they don't have anything on the plane to do it.
- Donna Kim
Legislator
So if you don't do it right, well, United, if you don't do it right, when you check in, the form goes away and you can't access it unless you get to the airline and they have a code. And then if you're running late or you don't, you don't remember, then you don't do it.
- Unidentified Speaker
Person
The flight attendants, they don't announce this on the plane. It depends on the airline. Some they do it only on the.
- Unidentified Speaker
Person
So do they have a. Can you have a paper form that you fill out in case you don't have. You can't do it on the plane.
- Donna Kim
Legislator
But the past. The problem is there's nobody enforcing. There's nobody looking and tweaking the system. There's nobody. I mean, and I say this because it seems that way from what you're saying, that is actually working with the airlines consistently to shop this program. It's like, okay, we put it in, whatever, we get 70%, thank you very much.
- Donovan Dela Cruz
Legislator
You should fix it. Stop trying to justify the status quo. It's not going to work and we're going to be in circles. We're going to keep asking questions. You're going to keep giving us average or substandard answers. Go back and go fix.
- Lorraine Inouye
Legislator
Means that. We'Re missing a lot of data because I'm sure not everybody is filling it out. Because if the forms are not popping up, they're not gonna.
- Donovan Dela Cruz
Legislator
Well, have you guys talked to the Airlines Committee. Are you talking to Kurt at airports? I mean, they all came to with us on the site visit. So we. Everybody knows what the I. What the ideal should be. We've all seen it. We all went to the mail facility. We know what should happen.
- Donovan Dela Cruz
Legislator
I'm not sure why it's not happening now that we've seen what we should be doing.
- Donovan Dela Cruz
Legislator
Because you're not checking. If not, why are we giving all this money, rushing to do all of this stuff and then you guys cannot.
- Unidentified Speaker
Person
Deliver and then how. So right now the main reason that they're trying, the airlines are trying to.
- Donovan Dela Cruz
Legislator
Comply is not can you guys do it or not? Because if you cannot, this goes back to the other question of just creating a whole new Department of the Environment, which, Which is on the table. And then they take biosecurity. So if you cannot do it, then we just taking it.
- Donovan Dela Cruz
Legislator
We'll take it away from you and give it to somebody else. Department of Health already has Vector control, so we just maybe expand that. So you either got to be serious and you guys are going to do it and do it well, or we got to figure something out. But status quo isn't working.
- Donna Kim
Legislator
I have another question. So when you get these electronic forms, the survey on the back, does that come to you? That's about hta.
- Donna Kim
Legislator
So how does that work? So when the electronic form gets filled out, half the form goes to you and the other half goes directly to DBAID or hta.
- Unidentified Speaker
Person
There's a link. There's a link that after you fill out our form, you hit the link and then it'll take you to the. The tourism questionnaire.
- Donna Kim
Legislator
Okay. So we'd have to ask tourism what, what. How many people are actually taking the link and answering that. Okay, thank you.
- Brenton Awa
Legislator
Just one more for clarity. I know in the beginning, but since the launch of the akamai program, that. 25 or so percent, nobody got no repercussion, no nothing.
- Unidentified Speaker
Person
The only repercussion is if there isn't sufficient percentage of. Of electronic is that they hold the plane so the passengers cannot get off the plane.
- Unidentified Speaker
Person
There is a current ability to get fined data. Why aren't you doing it? They haven't started that citation.
- Unidentified Speaker
Person
So the question is. So you, you should have the data from the passenger manifest, right? And then you compare it. Completed the form. Right. Use AI to figure it out. And then you find the rest. We do not have access to a passenger manifest. So we should change the law so you get access to it.
- Unidentified Speaker
Person
We get a passenger count from the airlines that we compare against.
- Unidentified Speaker
Person
Can we change the lawsuit that you collect data for every ticket that's purchased Coming.
- Donovan Dela Cruz
Legislator
That's where kind of going back to what Sensei Kim. Nobody says is you guys got to tell us what the. What legally you need so that you can do your job.
- Unidentified Speaker
Person
Yeah. So I think we get the count and then we know how many filled it out. And we're comparing those two but we don't know that we cannot link each one. So then come with the bill to get the data that you need.
- Donovan Dela Cruz
Legislator
If not already, try to work on MOA between airports, the airport Committee and doa. And if they say no, at least you got to try something. If not, people are not going to take it serious.
- Lorraine Inouye
Legislator
I think it goes back to the. Idea that we should probably contract it out. It seems like it's going to get stuck and we're not knowing how many. If our data of the incoming passengers are the same as what we're saying. We have so many visitors this year because I don't think people are filling out the forms.
- Donovan Dela Cruz
Legislator
Well, he's saying 72% hard. So it's the other 25 work out.
- Donovan Dela Cruz
Legislator
No, it's either you give it to these guys when they do it or we do pursue the environment and biosecurity like other places.
- Donna Kim
Legislator
That's our problem. Okay. Every time we have a Department that can't do the job, we're gonna contract out. Contract out. Then why have employees? Why have a Department.
- Lorraine Inouye
Legislator
That's why there needs to be follow up. And that's where we are today.
- Michelle Kidani
Legislator
Yeah, so when people bring animals on the airplane, they're not checked to see if they had rabies or they have some certification.
- Unidentified Speaker
Person
The animals are all checked. By whom? I never seen our animal quarantine branch. They got to go to physical infection. Yeah. When they land. Yeah.
- Michelle Kidani
Legislator
But they're. If they don't have the proper. Let me finish. Okay. There are other people on the airplane that have. Have animals. So if the person on the plane has an animal that has rabies, how do we know it's not being contracted by another animal on the plane?
- Donna Kim
Legislator
But that's when they land, not while they. Yeah, that's what I'm saying.
- Unidentified Speaker
Person
Yeah, all animals, like Dean was saying, are inspected before they get on the plane. No, after they arrive.
- Michelle Kidani
Legislator
Yeah. Okay, but after they get off the plane and you find they have rabies, what other animals that were on the plane do you contact?
- Unidentified Speaker
Person
Well, everything that comes in has to meet certain requirements to enter this state. And as far as if an animal has rabies or some other disease, it's not something that's going to be evident immediately. Which is why we have the pre entry requirements to minimize the risk of them having rabies.
- Unidentified Speaker
Person
That's why the vaccination, the testing, the microchip identification, if you don't have those requirements, then the animal doesn't qualify for release and it ends up in quarantine. So if you're saying, well, what about the other animal on the plane with the one that has rabies?
- Unidentified Speaker
Person
If the other animal did have the requirements done properly with the vaccination, testing, microchip identification, health certification, et cetera, then the risk of them contracting is very low.
- Unidentified Speaker
Person
That's how we can do airport release now, because we prepare the animals before they come in with all of those requirements so that the risk of them contracting it, even if they're coming in from an area that has rabies, is minimal.
- Lorraine Inouye
Legislator
Yes. And every passenger who has an animal is already registered because when you sign in to register for your ticket, and it does say that if you have animals. So every, every, every airlines do have that data. So you, you're correct, you know that there's so many animals on the plane and, and the data that you need.
- Unidentified Speaker
Person
There is a potential for somebody to not register or something to slip by in a sense. But that's where the ag deck comes in as a secondary backup. Yeah. Because we, we get notified if there's an animal that's on top of there.
- Lorraine Inouye
Legislator
And there are some airlines that do charge. Yeah. If you're bringing animals. I know Southwest doesn't or inter island it. I guess it depends on the size of the animal. But, but that's what I understand and I know because I have friends that take their animals. But they have to register when they buy the tickets.
- Donna Kim
Legislator
So in order to bring an animal on the plane, do they have to be A service animal.
- Donna Kim
Legislator
In order to bring an animal on the plane to Hawaii, do they have to, you know, in the passenger car. Passenger area, do they have to be a service animal on.
- Unidentified Speaker
Person
Here's the kind of little bit confusing about that. The Department of Transportation has guidelines for animals carried on top of aircraft, and they allow service animals, but they also allow emotional support animals on the plane. An emotional support animal is not a service animal under 88.
- Unidentified Speaker
Person
So while they're allowed on the plane, when they come and they hit the island, they do not qualify as a service animal for the process of importing. So we would view them like we would a pet animal.
- Donna Kim
Legislator
I'm noticing more and more animals on the plane and they don't look like service animals. And I don't even know they look like emotional animals as well or emotional. And so people are just. I've been told that the rules for a service animal is very lax. So anybody can go in and say it's a service animal.
- Unidentified Speaker
Person
Yeah, it's federal regulations that we don't have control on that above.
- Donovan Dela Cruz
Legislator
Okay. So you guys talking about contracts? I'm not sure if Senator already knows this, but almost half your budget is contracts. So 33 million is contracts already. So pretty soon you're going to have more contract money than staff money. So what's the staff doing?
- Donovan Dela Cruz
Legislator
So is it just going to be that everyone's going to manage contracts or is the Department going to do work.
- Unidentified Speaker
Person
As we staff up? We should be pulling back more work within the Department as we stand up. Our ability to do this is something that kind of. But we're relatively new in the process. Even with the electronic deck form. We just wrote it out in March.
- Unidentified Speaker
Person
Every airline is doing it differently until we can kind of get everybody on the same page and then we can kind of do the enforcement a little bit better. But I think, yeah, if we're going to check whether 100% is done, we're going to need legislation to get those manifest and then we can do the cross check.
- Donovan Dela Cruz
Legislator
Million in contract work. Contracts are table 14. So that's page 40. Yeah.
- Unidentified Speaker
Person
Those are ongoing contracts. Yeah, the Department. Yeah. And it's because some of it is expertise that we do not have and that we're contracting out on research and stuff.
- Donovan Dela Cruz
Legislator
How do you guys evaluate the different branches as far as park progress? Because the variance reports don't really show progress.
- Unidentified Speaker
Person
Yeah, I think most of them, we're just monitoring the contract as to whether.
- Donovan Dela Cruz
Legislator
They'Re completed into its aquaculture. Ever since I've been here, we've been talking about aquaculture. And I don't know if I don't think aquaculture has grown.
- Donovan Dela Cruz
Legislator
Have all the commodities, we all these different people we're managing. And then it's like we're shrinking eggs. What's. I don't understand why, why have the. The whole branch or division of aquaculture and what's. Who's doing the regulating versus the economic development?
- Unidentified Speaker
Person
Yeah, the regulating is kind of done by our plant quarantine branch and.
- Donovan Dela Cruz
Legislator
Culture branch development branch because we haven't expanded aquaculture at all.
- Donovan Dela Cruz
Legislator
Yeah, we have a bill this year. It's not about bills. Bills doesn't grow in industry. We haven't had new aquaculture ag parks. How many new aquaculture farmers do we have? The problem is going back to what some of the Senators are saying is you teach aquaculture at high school, but then where do you become an aquaculture farmer?
- Unidentified Speaker
Person
Yeah, I think some of it is that we're. We're kind of conducting a survey right now. We just contracted that out again. But we want to know where. What the industry needs to grow.
- Donovan Dela Cruz
Legislator
No, what. We've talked about these goals of growing agriculture, reducing imports. What about our goals to ensure that happens and we can reconcile that with industry, but we haven't grown aquaculture at all.
- Unidentified Speaker
Person
I, I think overall we, the state got to provide more incentives for the industry, even for agriculture.
- Donovan Dela Cruz
Legislator
But you guys should be coming in like, have you looked at assets where we should be buying land to develop aquaculture egg parks? All the aquaculture in Kahuku is no longer there because it's now US Fish and Wildlife.
- Donovan Dela Cruz
Legislator
And nobody came in to say, okay, we, these guys are all going to lose their farms. We need new aquaculture ag land so we can move the farmers there. That never happened. So now you've just lost all those farmers. And some people think, just keep funding NELHA. But NELHA is not supposed to be an ag agency.
- Donovan Dela Cruz
Legislator
That's you guys. But it's not proactive enough. So I'm not sure what. And I'm just using that as one example. And we can go over each one. And we haven't grown much.
- Unidentified Speaker
Person
Yeah. And as part of Solita staffing, we had very little staffing to do it. But I agree with you that strategically planning, we're not looking toward growing it and identifying sites that would be suitable for that.
- Unidentified Speaker
Person
I think a lot of times the Department has been, the staffing has been so short that everybody is dealing, you know, like on a day to day basis. They're just surviving. And I think a lot of times the division, the entire Department actually has not been visioning as to where we got to be.
- Donovan Dela Cruz
Legislator
Yeah, so these have to be reconciled with ADC and I think Environment, Department of Health. So whatever you cannot do, if there's a vacuum, that doesn't mean we don't have, we don't need it. So is that something like marketing?
- Donovan Dela Cruz
Legislator
Does that go over to ADC so that you guys can actually focus on regulation and testing and research instead of land management? Does that go over to ADC because they can acquire land versus you guys doing it?
- Donovan Dela Cruz
Legislator
But we have to revisit this because the ability to produce more ag out of Department of Aggressive has not really met expectation.
- Michelle Kidani
Legislator
The other thing is, if you don't identify some of the sites, how are you going to employ people that are not willing to go wherever your sites are? So I think that would be one.
- Donovan Dela Cruz
Legislator
Of the first things you need to evaluate like there should be. I'm not sure how you guys evaluate. I forgot which Department came in and said that they don't even do evaluations. Well, I know you asked one and they said they don't even do evaluations of staff.
- Donovan Dela Cruz
Legislator
But we need benchmarks yearly to figure out where are we at.
- Unidentified Speaker
Person
I think, you know, it's something we got to start looking proactively if we're going to start standing up agriculture, the Department in itself, because this was such a tight year, we're looking at combining all the development functions into one branch so that there's synergy among all of them so that they can work together to support agriculture.
- Unidentified Speaker
Person
We even were envisioning Ag Liaison that could help guide the farmers into what resources we can offer them to start the farm and develop or move forward. Because we wanted to move. When we looked at the data, a lot of the small farms cannot move the needle. It would be large scale agriculture.
- Unidentified Speaker
Person
And last year we put in the bill for the agriculture loan program to increase the amount, the loan amounts and everything to encourage large scale agriculture, which gets economies and scale and everything. The problem is finding suitable land and everything else.
- Unidentified Speaker
Person
If the state really is serious about moving agriculture and aquaculture, we're going to be asking for big money. You know what I mean?
- Donovan Dela Cruz
Legislator
Yeah, but the question is. Is the Department serious? Because if the Department is serious, then the Legislature can look at the serious proposals. But if you're waiting for us to be serious first, then why do we need you? Senator Kim? Yeah. Yeah.
- Donna Kim
Legislator
On page 31 in the middle, you have AGR 151, $100,000 contract. This started in July 12016. Goes to 9-30-21. Our Hawaii farm Bureau solicit proposals for research projects to establish food safety procedures for Hawaii farmers. It cost us $300,000 to solicit proposals. And what happened? It just says midterm progress. But this is so old.
- Donovan Dela Cruz
Legislator
Who's managing that contract? Don't all speak up at once. Whose contract is that? Which branch is that in?
- Donna Kim
Legislator
Leo, this is just an example of. You have many contracts and that one just red light blinking for me.
- Leo Baldo
Person
Leo Baldo, Quality Assurance Division Administrator. You're asking question on AGR 151.
- Leo Baldo
Person
Yeah, so this is a proposal basically when the Produce Safety Rule was just coming out.
- Leo Baldo
Person
Way back in early 20162015. So the money. This is before my time, but the money basically was given to the Hawaii Farm Bureau to solicit proposals to establish guidelines.
- Leo Baldo
Person
So the final report was basically submitted. But there is a final invoice that we're waiting from Farm Bureau to give us. Yeah. So they're revising.
- Leo Baldo
Person
Well, that's not even the challenges, Senator. We had to. No cost extension. We finalized. We finished the final report. We're just working with the Department to. Close out the contract. All the. All the projects.
- Donovan Dela Cruz
Legislator
But this kind of stuff, right. You guys should be looking at it. Hey, this is too long. So what? You should be more proactive in trying to close it.
- Leo Baldo
Person
So. Yeah, we've been proactive. We've been sending this communication, but we haven't at this point received a revised final invoice.
- Donna Kim
Legislator
But can we get a breakdown? I don't understand how it would cost. 300,000. 400,000 actually was appropriated. It was. 300,000 was spent. 100,000 is pending your invoice, I guess just to solicit proposals. And how many proposals did we get? And did we go out for anything? I mean, what was the return on investment on this?
- Leo Baldo
Person
There are several proposals. Let me think. So there's money given to Norther EBP to do some.
- Donna Kim
Legislator
That was when the report was turned in. Four years ago, Five years ago.
- Donna Kim
Legislator
Extension because things change in that time. If you haven't acted on it, wouldn't there be changes?
- Donovan Dela Cruz
Legislator
You're going to close your. You can't just leave things lagging.
- Donna Kim
Legislator
Yeah, acted on it. And so everything changed. So now whatever they got proposals is moved.
- Sharon Moriwaki
Legislator
It's a solicitation of proposals. But did you get proposals? Did you Actually execute on those.
- Leo Baldo
Person
Just a little background here. So the money basically is given to Hawaii Farm Bureau to do the solicitation.
- Donovan Dela Cruz
Legislator
Answer her question. Yeah. Did you actually get proposals?
- Leo Baldo
Person
Yeah. Farm Bureau basically, you know, did all the solicitation and they get proposals and they give the money to those approved proposals.
- Donna Kim
Legislator
Yeah, yeah. No, I mean, you got a final report here, but I want to see what proposals were actually done and what was the result of that.
- Sharon Moriwaki
Legislator
We can give you the proposal, right? Yeah, we have a copy. The project, including the projects that were. Yeah, the project that was executed. And what's happened with those projects?
- Tim Richards
Legislator
The Chair has said this is going to be a hard financial year when we're looking at that. You talk about your vacancy list and we talked about this last year as a Department, combining some of those positions to bump the. The payroll so you can fill these positions. Because I know that's another complaint.
- Tim Richards
Legislator
We talked about this last year. Has that been done? Are you guys looking to get that done? Because again, we are here to help solve some of these problems. If we have to change something in the law, that's why we are here. But if we have a massive vacancy, what are we doing to address that?
- Tim Richards
Legislator
And have we combined positions? Have we sought to do the paperwork to combine positions?
- Unidentified Speaker
Person
I don't think we've. We've done that. Okay. Right now we're just trying to fill the existing positions, but we haven't really found too much problems. It's certain positions, like veterinarians that are very difficult to hire. We. We had people come in and made officer offers and the pay was just too low.
- Unidentified Speaker
Person
But for the bulk of it, I think it's just the. We. We are getting applicants and it hasn't been such a so much of a pay issue for. For those.
- Donovan Dela Cruz
Legislator
But in some cases. Do you. In some cases it is the vet. Could you just do vet tech? Oh, I mean, wouldn't that be better than not nobody.
- Isaac Mehta
Person
We need the veterinary for some of these positions that the veterinarians are in. We need a capability of them to do certain things which are only in. Within a veterinary veterinarian, a licensed veterinary.
- Donovan Dela Cruz
Legislator
But you have your veterinary assistant, got, Veterinary program manager, got. I mean, you got plenty of this veterinary medical officer. I mean you guys got quite a bit of physicians that are vacant. So my feeling is could you at least take some people who have some qualifications to fill some. Some of them.
- Donovan Dela Cruz
Legislator
Because Windward Community College has a vet tech program. Right. And if you guys could work with them, maybe they could create a pipeline. But just doing nothing.
- Isaac Mehta
Person
We've actually talked to Windward Community College about their veterinary technicians and. And then what? I mean we don't get anybody. Right. I mean we do get some referrals from them for our positions, but for a veterinarian we need a licensed veterinarian.
- Donovan Dela Cruz
Legislator
That's fine. It's just you guys got to be more proactive in trying to figure this out because if not, if we're not going to fill it.
- Donovan Dela Cruz
Legislator
And you're going to wait for the perfect person, then lots of these don't even have an expected field date. If you're not going to fill them, then we might as well take them back.
- Isaac Mehta
Person
Yeah, it's not a perfect. We're not waiting for a perfect person. Believe me. We've interviewed and like, like Dean has mentioned, there's some veterinarians that we offer positions to, but relocation and pay and salary and everything else just. They can't do it.
- Tim Richards
Legislator
And I, I appreciate Dr. Ma, what you're saying because we've had this conversation before, but we've got to, as the chair is saying, we got to find the solution and it's a hard financial time now, so let's get after it otherwise you're going to lose the funding on it.
- Isaac Mehta
Person
Yeah, we went, we actually met with D Herd too, with Claire and we met with five of the D Herd people from. Is that classification? Yeah. And this was specifically to dealing with our vacancies and our veterinarians and veterinary related type of positions and livestock inspectors.
- Isaac Mehta
Person
So we are, you know, because part of that involves also the mean inspection and trying to get positions to operate that program. And so we are working with. You heard. And we're not kind of just not doing anything. We are aware of it and it is a problem.
- Donovan Dela Cruz
Legislator
So what's the timeline though? As far as. I mean we can't just be like it's a problem. I'm gonna let this thing linger.
- Donovan Dela Cruz
Legislator
If you're not going to fill it within the next year, then we might as well take it. And when you actually can fill it, then we'll Fund it again. I mean that's where we're at because so far from hearing the Members they want to they I think they're really reluctant on the.
- Donovan Dela Cruz
Legislator
On freezing any type of tax breaks that were given. So that means we have to figure out where we're going to find the money. Yeah. And if positions are not going to be filled and there's money sitting there, that's one option for us.
- Donovan Dela Cruz
Legislator
So you're either gonna pursue it and we can preserve it or if you're not going to pursue it because you don't have a timeline, then that's something we got to look at taking. No, we're trying to fill it this year. Yeah. Well I mean we got.
- Donovan Dela Cruz
Legislator
We gotta have supple mind against the budget so hopefully you guys hear the message.
- Kurt Fevella
Legislator
Just a couple of questions since we're talking about the vets reason why I brought this up to Senator Richards. Yeah we have a great tech program.
- Kurt Fevella
Legislator
What are we doing to invest in getting actually of course here on island because we have a lot of kids in my district we have beautiful humane society but they have no place to go to school. They don't have to go to the continent.
- Kurt Fevella
Legislator
Yeah. So that's why I have to set the vet tech to be. What they are looking for is veterinarians. Right. So if let's say go take that Windward they're going to be a tech all in life there's going to be.
- Kurt Fevella
Legislator
Are you guys working with the colleges to try to find But Senator Dela Cruz always talk about the pathways because in my. In my community in in the Campbell I gave Campbell for example they're interested they're probably going to go to the tech program but after that where they're going to go.
- Donovan Dela Cruz
Legislator
Yeah. So this question we should ask Windward because Winward that's what we've been asking is Windward partner with other universities so that they have a. When you graduate from the vet program how can you continue so that you can actually be a vet? Because Hawaii short vets.
- Donovan Dela Cruz
Legislator
Both for the ag side, Dr. Mehta side and the pet side. Yes.
- Tim Richards
Legislator
And this is something we've discussed and I've discussed this with Dr. Maeda as well. Nationally and internationally we're short of vets and so this is not a problem.
- Tim Richards
Legislator
So I can appreciate the fact of why they're having trouble hiring vets but that's why I asked so let's combine some positions or whatever because you have the people but you couldn't didn't have.
- Donovan Dela Cruz
Legislator
The payroll and this, this is kind of serious stuff. Yeah, we're talking about like the quarantine. We thought if we're going to scale up security, you know, but not other than that. But the commodities with pork and beef you need the inspection. I mean you need lots of stuff. So food safe.
- Donovan Dela Cruz
Legislator
I mean I'm sure AG but you got to keep it going. You guys got to get going.
- Samantha DeCorte
Legislator
Sorry. Table 14 on page 26, the top item marketing. This was something that your chair had introduced which was a part of putting commercial ads to try to recruit fill vacancies, those kinds of things.
- Samantha DeCorte
Legislator
So that I, I, I'm noticing not only by your presentation but by the discussion here today that the choke point continues to be Department of Agriculture.
- Samantha DeCorte
Legislator
And the reason that I say that is because lever community College that's willing to implement a program, you have the HEL program that is Department of Labor that is willing to pay to have whether it's high school students or college students to learn with the potential of a long term position.
- Samantha DeCorte
Legislator
And so there, there, there's a few elements to what you folks are saying as far as vacancies, but it seems like the state is giving everything we've given you potential programs with of education, we've given, you know, a whole division, commercial markets, you know, and so on and so forth.
- Samantha DeCorte
Legislator
So the point that I'm trying to make is that DOA or Department of AG is coming to the ledge and continuing to ask for more, whether it be positions, whether it be funding, whether it be ideas. But I don't hear you folks taking any accountability for why we're at the point that we're at now.
- Samantha DeCorte
Legislator
There was a statement that was made about zero, you know, if the state wants to move on this then you know, you have to be, we have to be willing to invest, which I believe that we've invest tens of millions of dollars year after year. We have pages $33 million in contracts going out.
- Samantha DeCorte
Legislator
You folks have pages of vacancies that are happening and to this gentleman's point about we're not able to hire but they're applying. So if the reason for them, for you not filling the vacancies is because they don't want to relocate or because of the salaries, that stuff is all on the website.
- Samantha DeCorte
Legislator
So they know the location is in Hawaii, they know what the salary is.
- Samantha DeCorte
Legislator
If they're willing to fill out the application to go through the interview process, something is falling between the cracks and I have a hard time believing that somebody is going to take the time to go through the website, fill out the application, go to the interview and say, oh, you know what?
- Samantha DeCorte
Legislator
I just found out that the salary is X amount of dollars or that I have to relocate.
- Samantha DeCorte
Legislator
So there's something that's missing here, and I believe it's the Department, because now the discussion is, should we impose fines on people that are not following the process where you folks have the data, but you don't even have the manpower to impose any kinds of fines or any kinds of consequences or any kinds of regulations.
- Samantha DeCorte
Legislator
So here we are trying to pitch all of these ideas where the discussion, if you think of how massive this is, we are willing to impose fines on the public if they don't comply. So what happens when we do that? And you folks, again, are left with the data? Where do we go from there?
- Samantha DeCorte
Legislator
You don't have the staffing, you don't have the wherewithal to. Encourage participants to be a part of these programs. So here we are, you folks are saying, we don't have the staffing, we don't have the vacancy. We're giving Anthropologie Marketing Group a quarter of a million dollars. So what have we gotten out of that?
- Samantha DeCorte
Legislator
What have we gotten when we're over here, you know, with Leeward Community College, with Windward Community College, with all of these incentives, and yet you folks still come here and you sit here and say, we need more. We need more incentives. So.
- Samantha DeCorte
Legislator
So with all of discussion here today, I don't hear Department of Ag taking any accountability because it sounds like the buck stops with you, so.
- Unidentified Speaker
Person
Well, as far as vacancies, we are making progress. We was at 149. We're now down to 116. So it's not like we're not doing any. We're trying everything we possibly can, including doing anthology contracts, to let people know that we have jobs out there. I agree we should be moving more into the training thing.
- Unidentified Speaker
Person
And we got to. But we still need to work with other departments like DHRD to accept that, that training is acceptable to them for the position.
- Samantha DeCorte
Legislator
Yeah, but that's more operational things, right? Working with D Herd and the minimum qualifications. But what I'm talking about is Leeward Community College. You have these programs ready to go, and the leg seems to be with Department of Agriculture.
- Samantha DeCorte
Legislator
So all of the operational things, the internal things, all that stuff, I understand that that takes a while, but you have been given an opportunity to collaborate with Department of Education, which. That's where the recruiting. That's where the best place to recruit candidates and you folks seem to be slow to come to the table.
- Isaac Mehta
Person
I can respond to the veterinarian situation that you mentioned about applicants that go through the process but then decide not to take it. It's not that they're saying that they didn't realize the salary was what was supposed to.
- Isaac Mehta
Person
What they're saying is, is that after they thought about it more in depth to relocate their family and what have you, they didn't feel that that was going to be adequate. I mean, I can only take for what they're telling me. Right. So this is the story that we're hearing.
- Isaac Mehta
Person
So whether or not it's, you know, something that we, we want to take at face value or there's something else that's hidden there, that's basically the story that I'm getting.
- Donovan Dela Cruz
Legislator
But if that's going to be the trend and the consistent answer going back to Senator Richards point, then change the system. So we get a different reaction. Yeah. Double the positions or combine positions. Look at the different salary. Like we can't keep doing the same thing, get the same response and then we're at the same place. Yeah.
- Samantha DeCorte
Legislator
Yeah. And if that's the biggest objection, then aggressively recruit locally. Aggressively recruit locally.
- Isaac Mehta
Person
You know, locally. What we're doing is when we recruit locally and we do do it regressively, but it's, it's, it's a competition between private sector and if you look at local veterinarians in general, private sector, usually small, small animal practice, companion animal, and the salaries for those types of positions are quite high.
- Samantha DeCorte
Legislator
Okay, then that should be your request. Yeah. So then increase it.
- Isaac Mehta
Person
Well. It'S not so easy because it's complicated what we have to do with.
- Donovan Dela Cruz
Legislator
D Herd, then we should just take the money. If you're, if it's not. If it's so hard for you and you cannot get it done, then we might as well take the positions and the money.
- Donovan Dela Cruz
Legislator
But you can, even if it's sitting there, you're not doing anything about it anyway.
- Isaac Mehta
Person
We are trying as much as we can to get the salaries increased through de Herd, but it's not something that we can just go ahead and establish.
- Donna Kim
Legislator
Have you come in to us at all for the increase in salaries? Have you come into us?
- Isaac Mehta
Person
I didn't know that there was an option as far as increasing salary above listed. No.
- Isaac Mehta
Person
Yeah, we can get that. But as far as us being able to offer certain rates for, you know, different types of positions, it's not something that we can just do.
- Donna Kim
Legislator
You got to come in and you have to reorganize or re. What do you get?
- Donna Kim
Legislator
At least ask for it. I mean if we say no, then at least you could say we try. But if you don't even let us know or ask.
- Isaac Mehta
Person
I don't know if. Yeah, I can't speak to the definite. As far as what the HR. Just a question.
- Sharon Moriwaki
Legislator
What does your vet do? Or do you have these vet assistants so that at least the work can be done by other kinds of the scope of work it can do.
- Donovan Dela Cruz
Legislator
Some of the work that they do has to be done by a license accredited. What she's talking about is the sum of the work that doesn't have to be by a licensed person. Yeah, that's what we have. That way that should be the tech.
- Donovan Dela Cruz
Legislator
So at least some of the work is getting done at a salary that you know you have. And at least we can work with Windward to find some of those positions.
- Isaac Mehta
Person
Yeah, actually all of our veterinary assistant positions are. Well, we got one that's currently going to be filled but it's not been a problem to feel veterinary assistance. It's a problem with the veterinarians.
- Sharon Moriwaki
Legislator
Well, can't you at least the people in those positions you start training them up so that you might be able to grow your own, but at least start the work that they need to have done.
- Isaac Mehta
Person
They do train them and try to encourage them but ultimately they got to go through vet school and get licensed. So that's where the hang up is the cost and expense for them to do that.
- Donovan Dela Cruz
Legislator
Okay. We need a major reorg of Department of Ed because this isn't working. We really gotta figure this out. Thanks to Favela, so.
- Kurt Fevella
Legislator
Zero my gosh. So I've been here about eight years. Yeah. Senator De La Cruz been asking and now I'm hearing about the aquaculture. The land. Yeah, but you telling us that we got to be serious in the game when eight years now. Eight years. We still don't have accountability on how much land we need to be sustainable.
- Kurt Fevella
Legislator
We still don't have that. Okay, now we lost the aquaculture with Senator Del Cruz. Did anybody in the Department is a custodian. Did anybody in the parking lot Know that we're going to lose that land to come back to us to see Senator Del say all the time, secure ag land. Right.
- Kurt Fevella
Legislator
So nobody thought to secure the agriculture, the aquaculture that we had that we lost all those farmers. Did you guys drive down that side of the island? Do you guys look on empty areas? There's even drive over the area that you guys go. Because I'm telling you right now, you think it's funny? You like smile?
- Kurt Fevella
Legislator
You think it's fun? No, no, because you know why? Because I was out there. The thing is, what I'm saying is you guys still don't have the answer, but you're telling the Senators here, okay, that we gotta put skin in the game. We gotta be more serious and we want it done.
- Kurt Fevella
Legislator
We're just as serious as a heart attack. You know what's listening to anybody here? We are serious.
- Sharon Moriwaki
Legislator
And we can't unless you put it together and give it to us. Have you done that? We'll do that.
- Andrew Robinson
Person
I just. One, one quick comment. I'm new. I'm Andrew Robinson. I'm the acting AG Loan Administrator. Specifically on aquaculture. There's sometimes challenges. We've given six loans over the past like 20 or 30 years in aquaculture. They've all defaulted. So you know, we're trying our best.
- Donovan Dela Cruz
Legislator
So the point is, most farmers are not going to be able to buy or lease lands from the private sector.
- Donovan Dela Cruz
Legislator
Which is why the state has to acquire land and provide affordable leases. That has not occurred. We don't have one aquaculture ag park. We, I, I get that part. So if you can get that part, then you can at least offer more leases to aquaculture farmers. We haven't done that. I don't know what the aquaculture is doing.
- Donovan Dela Cruz
Legislator
We need to. If not the pipelines at the DOE for aquaculture farmers or aquaponics, there's no end game. There's. There's a cliff and then there's where they're going to have a career. So if we can't get land from the private sector, then the state has to provide it to meet our goals. I get that piece.
- Donovan Dela Cruz
Legislator
The loan thing is separate from them going and looking for aquaculture ag land that we can acquire.
- Andrew Robinson
Person
I just wanted to make the one comment that specifically in terms of loans, there is a lot of Demand we have $5 million loan on each year. We've turned down like 6 to $10 million already this year. So there are some areas where we're succeeding. I just wanted to point out the aquaculture is a challenge.
- Donovan Dela Cruz
Legislator
How many loans we have if you don't have aquaculture ag land for new farmers.
- Andrew Robinson
Person
Yeah, well, that's something we can work on for sure. Thank you.
- Mike Gabbard
Legislator
Dean. So you know, we've given the, the goal and you're talking about coming up with the plan. Yeah, you know, as far as 30% local food by 2030. Right. 50% by 2050. All right, so it's 2026 now. Where are we now in terms of reaching that goal? And it's number one.
- Mike Gabbard
Legislator
Number two is what are the resources that you guys need to actually reach that goal? We got four years away from 30%. Where are we now? Unfortunately, we still don't have the data. We only have a few people. Wait a minute, you don't have any, a clue where we are in terms of the percentage of local food?
- Unidentified Speaker
Person
We can provide stats on it. I don't know how reliable the data actually is. When I look at it doesn't seem to be that accurate as far as producing the thing. So it was like without the baseline, we cannot figure out how much we're actually going to be to double local food production.
- Mike Gabbard
Legislator
So you don't know where we are now? Correct. You have a question?
- Donna Kim
Legislator
I do, I have another, but I'm just following. I can't believe it. You know, you got to know where you're going and if you don't have a baseline, how you can even do that? So all these years you didn't get a baseline. All these years you're not. Okay, well let me ask questions.
- Donovan Dela Cruz
Legislator
Some of that might be above his pay grade. He has a boss that's not here that really should be answering his questions.
- Donna Kim
Legislator
So let me go back to contracts. And you know, I'm looking at this because I'm really a stickler about watching how we spend our money and the taxpayers dollars and sometimes we put things in that is nice to have we don't really need while people, you know, go starving, can't pay bills.
- Donna Kim
Legislator
So here you have a contract, AGR171, $200,000 university wide to increase consumption of Hawaii fruits and vegetables to promote nutrition. So, and that was, and the report was due on 3312025. There's $240,000 left on this contract. Final report came in. So did we increase the consumption of fruits and vegetables.
- Donna Kim
Legislator
We had to spend $200,000 or $160,000 to tell people they should eat more fruits and vegetables. That make a use of our money for the taxpayers monies.
- Unidentified Speaker
Person
Yeah, I think we can get back to you on what, what the actual report actually said on that.
- Donna Kim
Legislator
But think about it in a time, I mean even in good times, should we just, these government just be spending money to spend and give contracts out? I mean increasing the vet people. I don't know how you did it.
- Donna Kim
Legislator
Did you just put ads in the paper or did you put TV commercials telling people to eat their fruits and vegetables?
- Donna Kim
Legislator
But even the information is one thing I want to know what's the policy? What's the plan? I mean just spend money or should we, should we look at this stuff and say, you know what, this doesn't make sense. So why are we spending this kind of money?
- Donna Kim
Legislator
I mean I take this $200,000 and give people money to go buy food, go buy vegetables. You know.
- Unidentified Speaker
Person
So regarding doubling the food production, there is multiple.
- Donna Kim
Legislator
To increase consumption of Hawaii foods and vegetables. And this is to the University of Hawaii. I don't know what did they come up with some idea that's going to make people eat more vegetables and fruits?
- Unidentified Speaker
Person
We will definitely get back to you on that and I, I'll go ahead and get that information to you guys.
- Donna Kim
Legislator
I'm missing my point. My point is before you even dish out the money from the people hard earned dollars, make sure that these are his reports and studies that is going to make a dent and do something and not just pay them out.
- Donna Kim
Legislator
There's no return on investment. What I don't know, I got to beat up my kid to eat his fruits and vegetables, you know, every day eat your fruits and vessel $200,000.
- Mike Gabbard
Legislator
The problem is Cedric, you're going to say something about doubling the local food production.
- Unidentified Speaker
Person
Yes. There is multiple statues that require for the doubling of food production. One of it is within state government in terms of the university DOE and all of those things. So a lot of the challenges on that part has been the procurement issue.
- Unidentified Speaker
Person
One of the solutions DAB has brought to the table is that we could be potentially the escrow or pass through for the farmers to be able to sell directly to DAB to get the food into our state systems. And that's something that we're proposing this year.
- Unidentified Speaker
Person
And regarding land for Department of Ag, one of our Big asks this year for the CIP side is the 15 million to open up 150 acres in Cuna.
- Unidentified Speaker
Person
That's a proposal that would potentially allow for 24 or more acres from five parcels, 5 to 8 acres each, that would allow for these large scale operations, which Deputy mentioned earlier, is the way forward in terms of getting to that benchmark of doubling the food production.
- Unidentified Speaker
Person
And so I think what might have been misconstrued was that Deputy was explaining in terms of the investment for opening these properties up. That's what STAB needs to be able to start the construction process, to start the infrastructure that is needed to be able to put these lands into production for ag.
- Unidentified Speaker
Person
And I think that's the big request we have this year in challenging ourselves to create more access to land.
- Unidentified Speaker
Person
And then on the Ag loans part, we do have that request to increase our selling from 5 million to 15 million to be able to issue out capital for farmers that are struggling and new farmers that want to get involved into that industry.
- Unidentified Speaker
Person
I think with the combination of those things, we can reach the goals that we're setting out for. And I hear the need to be proactive. And in regards to the hiring process, there is, there has been the rapid hiring proposals that our ASO has been putting together.
- Unidentified Speaker
Person
We have been putting in 8090 hires to fill these vacancies to get our Department to be able to be more functional. And Operation Hire Hawaii has also been helpful in securing these positions as well. So there is efforts going into getting us to where we need to be it.
- Unidentified Speaker
Person
It has been slower than we wanted to, but as Deputy mentioned as well, D Herd is a part of that discussion in terms of the minimum minimal qualifications.
- Unidentified Speaker
Person
But internally we also have been working on a reorg to restructure the Department from inside so that it flows better and that it's more strategic in how we approach the services we provide.
- Unidentified Speaker
Person
The Ag liaison is a perfect example to be able to ensure that when farmers are and interested parties are coming to the Department, we have a person that can deal with them directly and educate them to the fullest extent possible so they can make the best informed decision whether to get in the industry.
- Donovan Dela Cruz
Legislator
So these are all thoughts. Where's the action to show you're moving in that direction?
- Mike Gabbard
Legislator
We need to know the percentage. Okay. Correct. We set this into stone. So 30%, 2026. Let us know what the percentage is now so we know how, how real this is.
- Unidentified Speaker
Person
I believe we have a report. I just can't locate it right now, but I'll get you back that Information.
- Lorraine Inouye
Legislator
Okay. With regards to Upolu Road, North Kohala, you're responsible for the new project that we started from 192016 when during my. My district we created at the water. The water project to open up farms in North Kohala on our lands managed by you folks. And with the help of Carty Chang and DLNR.
- Lorraine Inouye
Legislator
Because it was a project that we needed to actually look for the water system which we got and we did get free water system from. From the feds. We. Until today I think we even. It cost us $10 million that WHAM. And our Legislature here in the Senate provided we got the completion.
- Lorraine Inouye
Legislator
We did everything without you folks. But we. I mean so when we had to. From the usgs, well that we had. You folks had to sign on because you were the managing agency. DLNR helped us with the engineering part.
- Lorraine Inouye
Legislator
So we got the monies, we put the water system in, we gave you guys the project and we said all you got to do is provide egg lots. And that's what the motivation for the creation of. For North Kohala to expand our ag industry. Because the farmers were already waiting.
- Lorraine Inouye
Legislator
Because you all know that the Kohala ditch fell. And so here the farmers were all ready. They were happy, they saw activity going. We got the infrastructure paid for and then it's sitting there until today. We're saying we talk to the chair. It's in your hands.
- Lorraine Inouye
Legislator
All you guys had to do was either resubdivide the area to parcel the land areas, create 5 acre lots, 20 acre lots. And there's the windmill farm down the street. There's some egg farms already there. And they're all waiting to connect to the water system.
- Lorraine Inouye
Legislator
And we all know we don't provide, we don't manage water in our agencies. And they're waiting. A group is waiting to create the co op to manage the water so that they can have the activities. But we haven't heard anything. But we got the water tanks. We got two water tanks already that we provided.
- Lorraine Inouye
Legislator
It's kind of sitting there. So what's happening to that project? And here you're trying to create egg farms. Egg lots somewhere. I mean I'm glad you're doing something on Oahu, but here we're sitting down waiting. And exactly what the chair is saying, where's our farm egg lots?
- Lorraine Inouye
Legislator
Because the last time we did farm egg lots was probably back in the 70s or the 80s. We have not done any egg lots. Farm egg lots of. From doa. And that's what the cherry is banking on. Where are we going with these areas?
- Lorraine Inouye
Legislator
To create egg lots so that the farmers out there could say, hey, we can, you know, let's apply for this egg lots that's available. We know that you can create large egg farm farm lots. Nobody wants 100 acres. But just as an example, we decided we're going to create egg lots for farmers.
- Lorraine Inouye
Legislator
And we went out, we got the money, we got the engineering done, and Carly did his job. We got water systems going, and then we gave it to you.
- Lorraine Inouye
Legislator
And thanks. Thanks for sticking out because you got some historical background. Been wonderful working with you.
- Brian Cow
Person
All right. Thank you. The water system I haven't received a report for. Name, please. Brian Cow, Department of Agriculture Water and Land from DLNR. I do not believe the system has been turned over to us yet. Last I saw there was a 20261. I want to say early summer completion date for the turnover.
- Donovan Dela Cruz
Legislator
Because the water doesn't get turned over right now you still can do the part. She's talking about making sure that you can issue awards for lots.
- Lorraine Inouye
Legislator
It's where the dairy was. So the dairy on the bottom. You know that dairy and that. That parcel with USGS had all those wells that they developed in. In the 80s after the plantation closed. We were lucky because USGS says they will give government without payment for any USGS wells that's sitting there.
- Lorraine Inouye
Legislator
So when we did the final study that we gave you guys a copy, we paid for the study and there's lots and Tim knows lots of water in North Kohala. And we identified all these and we found USGS. Well, so long. But anyway, you guys already got. And it was signed by your previous Director, the transfer.
- Lorraine Inouye
Legislator
And I think we did it by Bill too, because we had to transfer from DLNR to doa. And you already got the land and the project because you do a had to sign the commitment letter to accept the USGS wells.
- Donovan Dela Cruz
Legislator
Yeah. Okay. So Cedric, I think her point though is you guys are asking for more money for new lots, which everyone is supportive of, but you didn't finish the old ones.
- Lorraine Inouye
Legislator
And this is something that we. We were hoping to create for our people. Yeah.
- Unidentified Speaker
Person
How long does that takes? Realistically? I. That's thing I seen was that the construction was still underway as of last year. So as Brian said. Okay.
- Donovan Dela Cruz
Legislator
But you know DHL, they give away paper leases like it's I free. So why. Why aren't you guys at least doing that part where you're asking people who are interested so that you can award leases?
- Unidentified Speaker
Person
So I. The Department does have a list of interested farmers and we do make those offers to those farmers on the list so we can put the request out. You guys subdivide or cpr?
- Brian Cow
Person
That would be a Brian question. Yeah. I'd have to look into the property. That was okay. That was. I will get back. Yeah. In the meantime, if you slept on.
- Lorraine Inouye
Legislator
It when the Administration came on, because everything Was done. You had the contracts and we paid for the last contract to develop the two water tanks. And am I understanding the water tanks team, can you go that's in your district team. The water change is supposed to be done already, so. And then you got water. Everybody's waiting.
- Unidentified Speaker
Person
Yeah, no, I'll definitely. Last thing I would say on that is, Senator, one of the things I'm encouraging as Senators and legislators is if you have interested folks that want to get on those properties that they should. You make sure find out where. Yeah.
- Donovan Dela Cruz
Legislator
And then the. Because once you guys are. Are subdividing it or cpring it, then she can. They, they can announce, hey, these proposed, you know, you can respond to the RFP or.
- Lorraine Inouye
Legislator
Excuse me. There were Committee meetings and I think Brian, you, you had. We had representatives from your, your agencies, we had community meetings. All of the projects that we already had planned.
- Lorraine Inouye
Legislator
Every time that we had a new something completed so that we could prepare it for the communities and we had hearings, we had meetings and we had lots of people there waiting to see. They want to sign up. I mean that's. And it's documented.
- Lorraine Inouye
Legislator
Yes, absolutely. All we need to do is for you to decide now to form a co op because again, like we say, you don't manage water system. So the plan at that time was to get the interest.
- Lorraine Inouye
Legislator
And there were some people already offering to create this co op because we're saying whoever needs to apply for a farm lot, they got to pay the infrastructure because we already created the major infrastructure. So if a farmer.
- Lorraine Inouye
Legislator
So all you got to do is subdivide those air that lots of create this go out to the community, sees who. Who's applying to create this co op. So the co op manages the water system. Yeah. And with the farmers.
- Lorraine Inouye
Legislator
So when they, when you already have your club plan, 5 acres, 10 acres, you have your applications, they want to, they want the water system, then they got to apply to the co op and then they. The managing of the water system, infrastructure policy and the plans, they gotta pay for it.
- Donovan Dela Cruz
Legislator
Yeah. And that makes sense for ag loan because if the farmer needs the loan to connect to the water system.
- Michelle Kidani
Legislator
Yeah. Do you have any idea of what percentage of local agriculture meets the needs of the local communities, including our schools and universities?
- Unidentified Speaker
Person
Not at the moment. We can get that information back to you, Senator.
- Michelle Kidani
Legislator
Yeah. I'm just saying that money outside the community you guys can provide outside the state, if you guys can provide it. I don't know.
- Donovan Dela Cruz
Legislator
Kitchen creates a lot more. Exactly. And a system right now it's just whatever. So we got to figure out how do we formalize this and then compound the positive effects for. To. For. To benefit all of Hawaii.
- Michelle Kidani
Legislator
So speaking of regional kitchens, how. How much are you guys involved in that?
- Donovan Dela Cruz
Legislator
Yeah, well, Carol has been involved. She's. She's attended the meetings. And that's why the biosecurity is so important, because as you scale up crops and different commodities, you want to make sure that it's going to be safe. But then we got to work with Department of Ag on the.
- Donovan Dela Cruz
Legislator
On the commodity research, commodity regulation, and then that's when we start to really ramp up pork and beef. Dr. Maeda's shop has to get more involved, so they're all willing, but. So this is. This is really like managing.
- Michelle Kidani
Legislator
What I'm getting at is like, when. Are we going to get them to be working together so we can get the data and how soon is that plan going to take us so that we can provide the needs for our communities and public school and institutions?
- Unidentified Speaker
Person
Take that question. As Deputy mentioned, our statistician just retired. And so that's why we are lacking that information right now.
- Donovan Dela Cruz
Legislator
You don't need that information right now because ADC and CTAR, they're doing commodity mapping. Correct. With the commodity mapping, then we know which lands we need to acquire if we want to scale up certain commodities.
- Unidentified Speaker
Person
Yeah, and that's also the Bill that we are hoping to get past this year.
- Donovan Dela Cruz
Legislator
You're already doing it, though. You need a Bill for that?
- Unidentified Speaker
Person
Well, internally, Department of Ag is requesting for staff to be able to do research and things of that nature.
- Donovan Dela Cruz
Legislator
What are you talking about? You can't even fill the vacancies you got and you're going to ask for more people?
- Unidentified Speaker
Person
The Bill is to replace some of the federal layoffs that happened in 20082009.
- Donovan Dela Cruz
Legislator
You can apply for some of these other positions that you can't fill.
- Sharon Moriwaki
Legislator
I just have a question based on what Senator Inoue is talking about. You have this Royal Kunia AG park that you're developing. Do you have a plan? Is it connected to water? Is the 15 million? What is it paying for?
- Unidentified Speaker
Person
Yeah, the project is shovel ready right now. We're asking for the 15 million to start developing the lots. The permanent water is coming up in by the end of 2026. So as we start this project, it should. Everything should line up perfectly temporary. It's 150 acres and it's 24 new lots.
- Unidentified Speaker
Person
I think it was donated to the state from Campbell. Yeah. Yeah. I think it was Haseko for. For them to get the zoning to put in the housing. They agreed to provide this 150 acres to the state. Okay.
- Donovan Dela Cruz
Legislator
So they don't. Because we cannot physically own land. The law doesn't allow.
- Donovan Dela Cruz
Legislator
So they need the. The money for infrastructure, internal roads and. That type of thing.
- Donovan Dela Cruz
Legislator
Yeah, it's already under housing. But that's my point with the new farmer, that even if the new farmer is able to buy land, they don't have $15 million to go put in rolls and water. So there's no way, in order for us to Expand Ag, the state has to provide more ag leases. Because if not, how.
- Donovan Dela Cruz
Legislator
I don't get it. That's right. But Department of Ag, going back to Senator Noy's comment, has not come forward to us saying, these are critical land assets that we need to protect agriculture. I've not heard that.
- Tim Richards
Legislator
Yeah, I think it's been a pretty sporty conversation right now more than anything else. What I'm hearing my colleagues say and what I'm wanting, and we talked about this last year, is we need a plan. What's the roadmap? How are we going to get there? As chair has pointed out, the funding that comes from us.
- Tim Richards
Legislator
But if we don't have a roadmap, there's no reason to Fund anything because if it's just haphazard, we're not going to get anything. And Deputy, I know you're here and Cedric, I know you're here to take this, but this is the time to talk about it because it's going to be a hard financial year.
- Samantha DeCorte
Legislator
Also, I think the plan should include executing pending projects and not necessarily introducing new Projects. Right. So please map that out on what that looks like deadline. Maybe if we can trim the fat in some areas that would be good also. But execution of pending projects is critical at this time.
- Donovan Dela Cruz
Legislator
So yeah, we can get you that information too. Department of AG have a reorg last.
- Unidentified Speaker
Person
But it has never been like an overall on the whole Department because this.
- Donovan Dela Cruz
Legislator
Is really a Department of Ag under pineapple and sugar. Yeah, we don't have sugar. We only have dole left. And you know, it's actually kind of a miracle that they're still here because Del Monte left.
- Donovan Dela Cruz
Legislator
So when is Department of AG going to reorganize for the the type of AG that matches the goals that Senator Gabbard talked about?
- Unidentified Speaker
Person
Yeah. And I think it also has to include ADC and I think everybody has to get together because then we can figure out all the pieces and who should be where.
- Donovan Dela Cruz
Legislator
There hasn't been a review of Department of Ag stat to to modernize it for all the things that we're talking about it still it was based on pineapple and sugar lots.
- Unidentified Speaker
Person
Yeah. And I agree that the Department never had a much of a role because it always the industry led it. Right. You know what I mean? The Department was on the side with just the diversified AG which was much smaller. So yes, I agree it needs a total overhaul to meet the needs of today's in our brand.
- Sharon Moriwaki
Legislator
You should actually include how you restructure. Have to restructure your Department to those the plan because otherwise we'll have all the vacancies again. So you really need to look at how do we not only plan but execute on the plan and chair.
- Lorraine Inouye
Legislator
And I think what needs to happen is not only looking at where we're going forward, but it doesn't seem like, you know what we need go back to do a study right now. Create that study of each island and where we have lands under your jurisdiction. If it's state lands, what's the availability for each island?
- Lorraine Inouye
Legislator
And to say we can create under these land areas already in the state's jurisdiction to start creating AG lots and take it from there. Then going future you say okay, we have these lands that already identified there's water systems and all that and start creating your egg lops like we.
- Lorraine Inouye
Legislator
I mean we had to do the Kohala project because nothing was happening. But you know, I'm so happy that chair gave me the opportunity to start doing the study. And then we found the water and then we said we're moving and Some.
- Donovan Dela Cruz
Legislator
Of that could have been avoided, though, you know, because going back to what she started saying earlier is if we were way more proactive at the beginning, we could have preserved the Kohala Ditch. But because nobody was paying attention, all the sugar infrastructure is just gone. That was water distribution systems for ag.
- Donovan Dela Cruz
Legislator
And so now there's very little left. And so now we're having to start from scratch, which is way more expensive.
- Lorraine Inouye
Legislator
And it depends on your islands, the geography of your island structure, because we know that there's not many areas like Maui or some areas. I'm glad Kauai, we already started that couple of years ago, acquiring all these lands. And that's, that's the focus. But, you know, like, we're farmers, we're.
- Lorraine Inouye
Legislator
We're flower growers, but our commodities and, you know, has been declining. And it's kind of sad that, that Hawaii has lost because of the, I guess, competition with Europe and other areas that's growing flowers and exporting. We got killed. But we need to make sure that we preserve the industry.
- Lorraine Inouye
Legislator
I mean, people always say Hawaii's flowers are the best, but we lost from a $30 billion project. Back in the 80s, there were 18 Anthurium growers and we were one of them. Not me, but my husband. And you know what?
- Lorraine Inouye
Legislator
We're now we only got one active anthurium because we lost the exporting with the competition of international markets.
- Mike Gabbard
Legislator
Deputy, you'd mentioned working with the other agencies and departments. That's why we pass Act 239 last year. Right. SB 1186. It only took us three years to get it passed in Arezzo. But the whole point is get all the agencies, the departments, the organizations working together for food security. Right. So please work together with that and.
- Donovan Dela Cruz
Legislator
You know, going back to Senator Noye's comment, though, that's where we've been. We've been trying to push more ornamentals, at least in certain areas where it makes sense. So if you cannot grow food in volcanic area, you can grow flowers. And Hilo has a, you know, it's a struggling economy. If we started to grow more ornamentals.
- Donovan Dela Cruz
Legislator
Hilo Airport, lots of the, the transportation and cargo space is empty. We should be exporting out of Hilo, growing and exporting ornamentals out of Hilo instead of us keep importing, which only hurts biosecurity. Right.
- Lorraine Inouye
Legislator
And that's why Sen. Late Senator DKI created usda. We got. And because the future was Hawaii island and east Hawaii side because of the abundance of the water Systems, but you know, we are losing, so we got to be a little more active anyway.
- Brenton Awa
Legislator
I saw it mentioned the Director in front of our Committee last session had mentioned we need two mobile labs in regards to crb. So we'd be able to bring in biocontrol and rear it. I don't see requests for money. Is that coming?
- Donovan Dela Cruz
Legislator
No. Carol, I thought you guys had a lab project about security. Lab on mobile.
- Donovan Dela Cruz
Legislator
Wait, check on four. I know, I know you get. I know they were working on it. I don't know what happened to it. You guys are trying to find a location. I remember last.
- Unidentified Speaker
Person
And ADC has provided a location. So the contract is going out to scope it and get the cost. But right now the cost of actual laboratory is now going as a type of a converted sea container. So now instead of costing like 50 million, you're talking about 1 or 2 million and within a year's time.
- Unidentified Speaker
Person
The timeline is as, as the contractor gets the, the amounts that we can add there and ask for.
- Donovan Dela Cruz
Legislator
And then you have, you have the money for it, right? Already.
- Donovan Dela Cruz
Legislator
Yeah, the, the biosecurity funds. Yeah. Okay, so within a year. Yes. Okay. Make it happen in a year. I mean, because you're almost there. Really. You got the land secured, which is a big deal.
- Samantha DeCorte
Legislator
And don't say yes just because you think that's what we want to hear.
- Unidentified Speaker
Person
No, like say yes because it's a realistic. There's that need. And the hardest part was to get the area that specified for us. And we got that because of ADC. Yeah.
- Lorraine Inouye
Legislator
You know what was really disappointing is, you know, with the hemp projects when Senator Bunda was President and we were all here in the early 2000, we did the first hand project up at Whitmore. Whitmore. And we all were so happy we can create this new venture.
- Lorraine Inouye
Legislator
And then all of a sudden, yeah, we had the project, we got the plans going and, and I don't know what happened. It declined. And then now we starting up again. But you know, why does it take government?
- Donovan Dela Cruz
Legislator
But it's, it's very frustrating. Right. Because when Andy Hashimoto was at CTAR, we talked about green tea replacing sugar and pineapple. I don't know where that went. And then he talked about blueberries, and I don't know where that went. And then there was the hemp, and I don't know where that went.
- Donovan Dela Cruz
Legislator
And so it's like we keep coming up with these ideas of how we're going to replace sugar and pineapple, but it has nothing. There's no continuum.
- Lorraine Inouye
Legislator
Matured, I think C and C. I've been trying to make sure that we create the project that CTAR has on Big island in. In Hilo. So we got monies. We saying, okay, we got all these acres. We got to get back to CTAR from the University of Hawaii on the ag programs, make sure we're viable again.
- Lorraine Inouye
Legislator
But then all of a sudden, I got money. We got rid of the old buildings were falling down, and that's still the same area that we can. We're using them for the. All the diseases that happening in the industry. We had the projects headquartered there. And then all of a sudden, now we're. We have a new disease.
- Lorraine Inouye
Legislator
We got to go put it in Oahu. And so we're trying to create areas, and they got lands at volcano. And I was sharing with the chair, I said volcano and sitar, all of those test plants that they're growing.
- Lorraine Inouye
Legislator
My God, what did I tell you that I was surprised to see we're growing either onions or something that we don't have here in. In Hawaii. And it's blooming, it's growing, and so where are we?
- Donovan Dela Cruz
Legislator
Yeah, how do you take the research to commercialization? So that's. We've had a hard time. CTAR does lots of research. P. Bark does research, but we don't commercialize. Something's off, then, you know, you can.
- Donovan Dela Cruz
Legislator
Anyway, any other questions? Okay, we're gonna adjourn, and then we'll reconvene at noon for judiciary.
- Donovan Dela Cruz
Legislator
Okay. Calling to order the Committee on Judiciary and Raisin Meats. Today we're here from the Judiciary who will present their supplemental budget. Good afternoon.
- Brandon Kimora
Person
Good afternoon, Chair. Good afternoon. Good afternoon, Chair Dela Cruz, Vice Chair Moriwaki, Chair Rhodes, Vice Chair Gabbard. Committee Members, my name is Brandon Kimora, Administrative Director of the Courts. With me today are D. And Heather, Deputy Administrative Director of the Courts, Court administrators across Oahu, and Department directors and other pertinent judiciary personnel.
- Brandon Kimora
Person
Happy New Year and thank you for having us and allowing us the opportunity to present an overview of the Judiciary's supplemental budget requests. Very briefly, I will begin with the mission and a few highlight a few functions, as you're aware.
- Brandon Kimora
Person
Okay, we'll get to table six. The next slide. This is an overall of our supplemental budget requests. Overall, we have seven requests for approximately 6.44 million in General Funds in FY27. Conversion of three General funded positions to temporary to permanent and a means of financing, conversion of one from special Fund to General funded.
- Brandon Kimora
Person
We certainly acknowledge the economic uncertainty. We've careful consider that and the context of things as we've reviewed and scrutinized our request internally. And we respectfully make these requests with that in mind and the underlying important circumstances for each of these requests that I'll go through in the next two slides.
- Brandon Kimora
Person
Our first request is for three and a quarter million in funding for supplemental arms security in dollars. This is more than half of our supplemental request and is a hopefully temporary shift in our approach to provide physical safety to all who enter our facilities. We believe this is necessary and critically important under the circumstances. Acknowledging the amount.
- Unidentified Speaker
Person
You don't work with DLE at all. This is. You're doing your own security now.
- Brandon Kimora
Person
Is that in the courtroom? This is to the entrance. Detect the perimeter of our facilities. Inside the perimeter. We do continue to work with DLE, and we have for decades. But the fact is that in recent years in particular, they've been unable to provide the number of personnel on site, try as they might.
- Brandon Kimora
Person
And that has left us with facilities that we believe are not as safe as they could and should be for the tens of thousands of Hawaii residents that we require to be in our courthouses every year.
- Samantha DeCorte
Legislator
So how many are you folks lacking? Because according to DLE, they're saying that the court system is all staffed up. So you're saying that they're not able to. DLE is not able to provide the Sheriffs for the court system, but on their end they're saying everything is staffed up.
- Samantha DeCorte
Legislator
So how many, how many officers are you short or maybe should I say how many, how many positions does this 3.25 cover?
- Brandon Kimora
Person
Thank you, Senator. Two, two different answers, but I'll answer both in succession. So in terms of how many they are short, it is at least two, possibly more dozen of the number of bodies that we need on site every day that we are short two per courthouse. Sorry, two dozen or more short.
- Brandon Kimora
Person
Total statewide. I can and I can provide more specific numbers, but it's 230. It's in that ballpark of.
- Kurt Fevella
Legislator
That's from outside, Right? You're talking about downstairs outside of the courtroom, not in the courtroom.
- Brandon Kimora
Person
Right. These are what we call patrol deputies. There are two different kinds of deputies that are in our courthouse. One are the patrol divisions that staff the front doors and throughout the buildings. And when there are high profile cases, they go in the courtroom or things like that throughout the building.
- Brandon Kimora
Person
The second type of deputy that we have are the custody or cell block deputies.
- Brandon Kimora
Person
And we do not personally keep as much track of those deputies because that is we defer even more so to daily because we know they, they're in the best position to determine how many they need and whether they have enough or not because those are accompanying the bodies, whether it' in the cell block and up and down the building and back to the cell block.
- Brandon Kimora
Person
So we, we keep less track of that. The bodies I'm talking about today are exclusively put the patrol deputies and for that statewide we are at a minimum two dozen short. Statewide, probably quite a bit more.
- Brandon Kimora
Person
That said the to the second part of your question, Senator, the number of bodies that this would provide is a roughly 18. And this would be armed private security. So we consider this to be supplemental. It's not in lieu of. We appreciate all that DLE can provide and does provide. We're not looking to replace them.
- Brandon Kimora
Person
We wish they would be at our buildings, but the fact is that we just need more bodies and in particular around the perimeter. As we've been discussing a little bit, we have had the front door of our primary courthouse on Maui without an armed deputy or personnel for multiple years.
- Samantha DeCorte
Legislator
And so follow up Chair. So the reason that I ask is because if there is going to be funds that's going to be allocated to patrol these areas, I don't see why we wouldn't just give that over to DL so we can staff up on the state side and maybe it's only temporary.
- Samantha DeCorte
Legislator
So we don't know how long this threat is going to last because according to your slide, and I apologize, I don't know what number slide this is, but there has been an increase from 2024 to 2025, from 69 to 140. Threats. Threats or inappropriate communication. So what level of threats are we talking about?
- Samantha DeCorte
Legislator
That we're going to be that the request is coming at $3.25 million.
- Brandon Kimora
Person
So sure, this is. And I'll just put on the, on the slide deck so that everyone can see what the slide that Senator is referring to. This is the last slide that I was only going to need to. Only going to show if we needed to. We're talking about two slightly different things. They're obviously very closely related.
- Brandon Kimora
Person
So this slide shows the threats or inappropriate communications towards judges, probation officers or other judiciary employees. So this includes separate threats that we receive electronically to judges or via email. Some of them include things in the, in the buildings and the counters.
- Brandon Kimora
Person
This is partly, this slide is partly to indicate that we do receive direct communications that are targeted at our judiciary folks, which is just to add.
- Lorraine Inouye
Legislator
One particular island or whatever. So this is statewide papers.
- Samantha DeCorte
Legislator
Listen, you're preaching to the choir as far as people getting threats over here. So.
- Brandon Kimora
Person
Yes, yes. So this is to. This is very closely related, but slightly different from the request here, which is focused on the perimeter. The perimeter facilities in the building. The slide includes things that would happen outside the building or, you know, judges homes or things like that.
- Brandon Kimora
Person
So we're not, we're not seeking that as part of our budget request. That's just to underscore the level of threats and the level of danger that we're facing in terms of things that are more directly related to our budget request. In the three and a quarter, we have had significant incidents at our facilities.
- Brandon Kimora
Person
I'll just rattle off just a few. You know, a couple years ago we had someone who came to our check in, came to our courthouse front door with a ghost gun and it took about four minutes for a DLE deputy to arrive.
- Brandon Kimora
Person
We've had folks, we've seen from our window in Kona a long gun outside, someone walking around with that. And fortunately it turned out to be a toy long gun. We've had folks call and talk about a mass shooting at our courthouse.
- Brandon Kimora
Person
Folks disrupt the screening station with a pit bull showing up with BB guns, firearms and brass knuckles and other things. So those are the things that are more directly related to our request for armed private security at the perimeter.
- Samantha DeCorte
Legislator
And I would just like to add to my final point that the request is justifiable, but if there is money that is going to be allocated, I'd much rather keep it in the state and keep our people continuing to work. So that was my only pitch. But thank you very much. Thank you.
- Lorraine Inouye
Legislator
Chair, I have just a comment to add. It has nothing to do with threats, but I'd like to speak, although she has been threatened. We all have. Yeah. She's even been picketed, Monica, twice. Okay. And. Yeah, whatever. And the notices came from the attorney General, so they knew something was going on and I didn't.
- Lorraine Inouye
Legislator
Nonetheless, back to Big Island. And I shared this earlier with DLE with regards to the continual shuffling of the felons from Kona after court cases being driven down by our sheriffs into the Hilo Center. Now, we all know we completed the new building, but Even with the 23 new additionals, it's still overcrowded.
- Lorraine Inouye
Legislator
So just to add that, when are we going to start creating housing to take care of the Kona cases instead of having them driven over by our shares to Hilo because. And we're already overcrowded until today. And I think I'd like to say that to me, it's. Again, our overtime is increasing, but can't help.
- Lorraine Inouye
Legislator
And you know, and I'm not sure what the staffing is at this point. So with regard. And you know, I think when we all worked on having our new courthouse, we should have built the facilities on the ground level to take care of that.
- Lorraine Inouye
Legislator
But the transferring of those new felons or whoever has a court case has increased. And with the overcrowding in the Hilo facility still, it's just I give our staff in the Hilo facilities credit because with the overflow of the additional Cornell folks, I don't know if they're sleeping two or three people in a room, but nonetheless, that's.
- Lorraine Inouye
Legislator
And I don't see it as like, next year we'll try to address it, find a facility to build and take care of the Kona instead of transferring them to East Hawaii.
- Brandon Kimora
Person
Understandable. Thank you, Senator. I appreciate the question and I personally agree with the concern. It's significant cost and danger and all those other things. We've engaged with Department of Corrections and Rehabilitation a number of times over the years as they've expressed interest in adding a facility to the Kona side of the island.
- Brandon Kimora
Person
And we've been happy to be at the table and talk with them about it. But in terms of the location and planning and the size of the facility and the types of things. Well, it'll be. But we also defer to DCR in terms of that because they house the individuals for those kinds of things.
- Lorraine Inouye
Legislator
And, you know, it's already built. It's a beautiful building. We all went. And I'm sure you guys are proud of our Kona facility is there still. If we need to locate a place.
- Lorraine Inouye
Legislator
And we know infrastructure is the worst for building, the cost is real high in Kona because it's all rocks, blue rocks that you have to meddle through to create infrastructure. Water systems are lacking. Is there a possibility of looking at the current courthouse on a lower level or whatever?
- Lorraine Inouye
Legislator
Probably would be cheaper to add something connected to the courthouse rather than looking into a whole new building somewhere. I see. I see. My friend Judge Kim. Welcome back. Nonetheless. And I know they've been struggling as well.
- Brandon Kimora
Person
Yeah, understandable. Senator. We have discussed things like that with dcr. I think in our judiciary complex, it would be. Respectfully, I don't think we have the space or the. I think it would be complicated in terms of the danger and the custody. But I, I do, of course, understand the concern.
- Brandon Kimora
Person
And I know that DCR has been looking at spaces that are either adjacent to or near the courthouse. There's also that mall that's across that street, so that at least would not be digging up lava rocks. And there are other, you know, commercial spaces in the area.
- Brandon Kimora
Person
But we defer to DCR and in terms of those kinds of things connected.
- Lorraine Inouye
Legislator
Right. I, I just feel, you know, we have to understand the Big island is the future of the state. And geographically, I mean, from east to west and West to East, it's. It's lots of travel, so continues. But hopefully we can somehow create something.
- Lorraine Inouye
Legislator
Even buying an old building or something, you know, near the police station, you know, maybe adjacent with the county's police station. But I know it's going to cost money and I know that I've been fighting for the cohort of west. There you go. Next project.
- Michelle Kidani
Legislator
Thanks. I just wanted to know that graph, how many are. Are from the same. Are they all different instances but from same people?
- Brandon Kimora
Person
These are from. These are different instances. So this counts the number of events. Certainly a number of them are from the same individual over and over and over again.
- Brandon Kimora
Person
And I can get that information to you in 2025 in particular, a number of those were from three individuals in particular, but it was still 2025 as a calendar year was still a significant increase over 2024.
- Brandon Kimora
Person
Yeah, so this, this, this chart shows that kind of a year over year. And these are again more targeted threats that were essentially individualized to, you know, a judge or probation officer or you know, a counter employee or something like that.
- Lorraine Inouye
Legislator
So I remember there was one incident at courthouse once recently, a couple of years ago. Yeah, okay.
- Donovan Dela Cruz
Legislator
Yeah. Okay. You only did one out of seven and that took 20 minutes.
- Brandon Kimora
Person
Okay, thank you. Senators. Just one last comment as I move to the next to Senator De Court's comment. We would be very happy if DLE received the funding and we've always been supportive of them as well. It's just they can't bring the bodies and at this point we need live bodies.
- Brandon Kimora
Person
Second request relates to cybersecurity and this is to redescribe two positions that will work on cybersecurity across the state. We have faced significant cybersecurity threats, I'm sure, as has the Executive Branch and other parts of the justice system. And really every part of society, other jurisdictions have faced threats and have had to shut down their court systems.
- Brandon Kimora
Person
We've seen things in Pennsylvania and Florida and Georgia and Missouri and Mississippi and Colorado and Ohio and many other jurisdictions that have closed things down because of attacks since December 1st. In the last 40 or so days, we've had nearly a half million high risk security events on our judiciary Cyber Systems.
- Brandon Kimora
Person
About 42,000 were classified as critical and actively blocked. Meaning that if they had gotten through, they could have caused a compromise. So these are significant area and we appreciate consideration of 2 additional funding to redescribe 2 additional to this modern related to the other.
- Brandon Kimora
Person
Yes. It would be General Funds for two of the positions and for one of the two, we would request a conversion from a special to a General because.
- Brandon Kimora
Person
Correct. Those two are connected. Yes. So if you're looking at table six, it's that one and the one at the very bottom. The third one and the last one are correct.
- Brandon Kimora
Person
Yes, that the, the dollar amount is in General Funds for the two positions.
- Donovan Dela Cruz
Legislator
So they're going to delete a Special Fund position to add a General Fund position. Correct. Okay.
- Brandon Kimora
Person
The next request is to restore funding for POS contracts for substance use treatment for adult probationers on Oahu. This amount is the remaining amount to bring us back up to pre Covid levels.
- Brandon Kimora
Person
At the early portion of COVID the funding was significantly reduced and we're now at a tipping point where we cannot, it's unsustainable to continue at this level. Treatment of the individuals is significantly increasing and necessary, and the lack of funding has caused instability when these probationers need the stability.
- Brandon Kimora
Person
And so that because of the lack of funding and the delays, folks have ended up having infractions before they could even begin their treatment because of the delays. So it's impacted the individuals, their prospects going forward, and certainly the community.
- Karl Rhoads
Legislator
On that one. So what does a judge do in that situation? Do they don't look at the budget before they say, okay, you should go to drug rehab. They just order it. Right?
- Brandon Kimora
Person
They order the treatment. But then it's between the probationer and our probation officer to ensure that they get into the treatment and that they get the right assessment and the right programming.
- Karl Rhoads
Legislator
Okay, so it's already been ordered, it's just whether we provide it or not. Correct. Okay, thank you. Thanks, Drew. Yep.
- Brandon Kimora
Person
The fourth request is to restore funding for the office of public guardian sole staff position on Kauai. Kauai is literally without a staff position for this critical office. And so recently a guardian from Maui has been flying over to address the cases. Before that it was guardians from Oahu and the Big Island.
- Brandon Kimora
Person
But it's not sustainable to leave the island without a. Without an on island guardian.
- Brandon Kimora
Person
On Kauai, I believe it's smaller than the other islands. You know, understandably, we have approximately 15 or so cases on Kauai currently. And the reason it sort of strains the office is because for each of our guardians across the state, they're averaging about 90 cases, whereas a reasonable caseload per guardian is more like 50 to 60.
- Brandon Kimora
Person
So when they need to fly over to Kauai to take care of those cases, then it's not only impacting the Kaua' I cases that may not be getting the timely attention, but it's impacting their cases back home on their home island.
- Brandon Kimora
Person
Currently, we have nobody on Kauai. So this request would be for a part time position so that the salary amount reflects a part time position.
- Brandon Kimora
Person
Correct. Just three more requests. The fifth request is to implement the recommendations of the commission on salaries, since that's required by law at this point.
- Brandon Kimora
Person
The sixth request is to restore funding and convert a temporary to Permanent for a court op specialist in Kona, the court op specialists are sort of utility positions that can be moved around in terms of their functions and responsibilities, which is especially helpful on a neighbor island at this point.
- Brandon Kimora
Person
In Kona, this court op specialist would be focused on fiscal matters. And as the needs have been increasing in court interpreter or requests for court interpreters, this person would help out with the logistics of scheduling the court interpreters.
- Donovan Dela Cruz
Legislator
No, his, his order is slightly different. Zero, okay. Yeah, okay. And well, on table six, the commission on salaries is number one. This one is number six.
- Brandon Kimora
Person
Yes. The. On, on table six, commission on salaries is number one. Because that's already required by law. They organized the PowerPoint a little bit differently to sort of group them by categories.
- Brandon Kimora
Person
So the first, the first two, the first slide were two related to security, two related services to court users, and then these last three are more staffing related.
- Lorraine Inouye
Legislator
So that's the one I'm looking at. Says Hilo for the court operations specialist for funding from temporary to permanent.
- Lorraine Inouye
Legislator
And you got Kona up here. Not that we're rivals, but we all are on the right city.
- Brandon Kimora
Person
Apologies for the confusion. We will, we will believe it's Kona. Kona is. Yes, it's for Kona. Apologies for the confusion. On the tables.
- Donovan Dela Cruz
Legislator
This is restore funding for temp to perm Court operation specialist, right? Yes, it says Helon. It says Hilo.
- Brandon Kimora
Person
Apologies for that. Okay, next, and the last is a no cost conversion of temp to perm for two positions in our court appointed special advocate program on Oahu. And these are the folks that work with youth and families who really need the stability of full time positions.
- Brandon Kimora
Person
They are vulnerable children in foster care and temporary positions, although they create higher turnover regardless of what job type, that's especially necessary to have the stability in this area. So that's our seventh and final request on the operating side.
- Brandon Kimora
Person
We thank you, Senator. We, we have vacancies and we've been redescribing. I will say that since the vacancy report has been tendered to you folks who've already filled more than two dozen. And our vacancy rate statewide, although we hope that it could be lower, is a little under 12%.
- Brandon Kimora
Person
And so we try very, very hard to work the positions and be creative about recruiting and retention, other things to keep our vacancies as low as Possible. The next slide reflects our CIP requests. First is the. As Senator Noye was referring to, our most. Our highest priority CIP request, which is a new district court in South Kohala.
- Brandon Kimora
Person
This request is for 30 million in bond funds. The current facility has significant concerns for safety, space and noise. You can hear lawnmowers. There are wooden jealousies that allow anyone to enter the space really if they needed to. There is no cell block.
- Brandon Kimora
Person
Defendants, when they're transported up to the facility, remain in a van and have to enter the facility one at a time. The attorneys, their attorneys have to meet with them or speak with them through the van windows. So this is a facility that is in dire need of replacement and modernization.
- Unidentified Speaker
Person
We gave you 4 million last year. Where is the status of that?
- Brandon Kimora
Person
The 4 million was for the design and we deeply appreciate that it's completed. Design is in progress and we are hopeful that with that in progress that this can move forward, realizing the lapse dates as well for that money.
- Brandon Kimora
Person
The. I think the timeline that we are looking at is to have the design completed because those funds will lapse in June 2028. So that that'll be completed well before then in time for this.
- Brandon Kimora
Person
If we were so fortunate to receive the funding this year for construction, that this could go out to bid before these funds lapse as well.
- Brandon Kimora
Person
We're. We're hopeful that we can complete it. Complete both or get. Complete the design enough and get the construction funds encumbered.
- Brandon Kimora
Person
For the design. I'll have to get back to you on that point. Yeah, it's.
- Brandon Kimora
Person
We're, we're hopeful because of the, the pre. Planning that we've done with DAGGS that we can move this expeditiously from planning to design the land.
- Lorraine Inouye
Legislator
Yes. You know, so all we need is the, the building. Right. The construction infrastructure submit to us as a follow up. Yeah.
- Donovan Dela Cruz
Legislator
You just want to make sure that. Because if you wait one year, you get three years. Yeah. For construction versus if you do it this year, you're only going to get two construction.
- Brandon Elefante
Legislator
Thank you. I have a question on your First Circuit for the 15 million for the elevators. Yes. I know that's been in and out of your budget. So do you think this is the. Last time you think you'll need that? And then is this just only for the. For basically the folks, the General public?
- Brandon Elefante
Legislator
Because I don't recall if you is there separate elevator for the judges and staff at First Circuit and does that cost cover that?
- Brandon Kimora
Person
Thank you Senator. We very very much hope and trust that this is the last request for the. For the elevators. We were hopeful that the last request was the final one.
- Brandon Kimora
Person
DAGGS had recently informed us that that was insufficient and assures us that this amount, if we were so fortunate to secure it would be the last amount for the elevators.
- Brandon Kimora
Person
The total amount so far has been approximately a little over 20 million and so this would be another 15 for just the. Well, that was for the.
- Brandon Kimora
Person
We have nine elevators, four of which are public, five of which are private for judges staff four of which are private for judges and staff and one of those is private for the custody. So that calculates the 9.
- Brandon Kimora
Person
But the 20 plus million was for the elevators and then also for the precursor to that which is to redo the fire alarms in the entire building. The 40 year old building.
- Karl Rhoads
Legislator
I have one on this if you don't mind. We finish up. Okay. Yeah. So having to do with the elevators, it's not my. It's not in the district I represent anymore but it used to be that when the saga started. So how many years has this taken now?
- Brandon Kimora
Person
It's been over a decade of requesting funds and for most of that period understandably not receiving it. But in recent years it has been several years where we've had funds available. So the fire alarms which had to be the precursor are well underway. They're not finished yet. Not finished yet.
- Karl Rhoads
Legislator
And Chair. Chair does raise an interesting point. I guess the. I guess the new district court in South Kohala does not have elevators and that's why it's deep.
- Lorraine Inouye
Legislator
We're leveled lots of space so we can create a real nice courthouse. Right Enough that our former CJ but this doesn't struggle coming out of the door from the back door to the front.
- Karl Rhoads
Legislator
But the fifth. But the, the 15 million is something that went out to bid in a regular. I mean were there more than. Was there more than one bid for. Excuse me this cent. This 15 or 15 million. The elevators for the elevators.
- Brandon Kimora
Person
So the an amount went out to bid earlier for the elevators and there was one bidder and DAGGS awarded the contract and after a period of time, it came to light that they had made a mistake in their bid.
- Brandon Kimora
Person
And after they, between, between the contractor and DAGGS, they descoped the project and took the elevators out of it and focused on the fire alarms.
- Brandon Kimora
Person
And then as DAGGS explained to us, as they're looking at how to complete the elevators, they reassess the cost now that more time has passed and advised us that we would need 15 million more.
- Karl Rhoads
Legislator
Okay, but did it go, did the, I don't know what the, what the correct procedure is, but it. Did the elevator part of it go out again? Was it a sole source at that point? You'd already chosen the earlier one and you had to stay with the earlier one.
- Brandon Kimora
Person
At this point, we do not have anything out to bid for any of the elevators. So there's a credit, if you will, that DAGGS has of about, I think 12 or 14 million of funds that have been previously appropriated. And DAGGS advises that will be sufficient for the.
- Karl Rhoads
Legislator
But you're locked into that. I mean, you're legally locked into that. You can't put it out for bid again and see if something's cheap.
- Brandon Kimora
Person
We, so we, I think DAGGS plans to put it out to bid in the spring and that will, to your question earlier, cover, we hope, elevators 1 through 4, which are the four public elevators, elevators, and 9, which is the custody elevator.
- Karl Rhoads
Legislator
Okay, well, I'll be, I think I'll probably be out of office before that actually happens, but I'd be glad to see that finished.
- Brandon Kimora
Person
So thank you, Senator. My understanding is that when they DAGGS descoped the elevator portion from the prior project to allow the contractor to focus on the alarms with the remaining, with a portion of the funds.
- Brandon Kimora
Person
Now DAGGS is in the process of revising the bid documents to clarify that the next bit will be elevators, and I expect that bid to be in the spring.
- Brandon Kimora
Person
After the contract was awarded. We, as we understand it, the project was descoped last spring and we in the Judiciary learned about it in August, which is about the time we're putting our budget request together. At that time it was, the amount was 10 million.
- Unidentified Speaker
Person
I'm just trying to see why it takes so long to put out another bit. And we know it takes long. So. Understood. If they're going to wait till the, till the sprinklers or what is it, the fire alarms get done and then go out, there's going to be another year and a half.
- Unidentified Speaker
Person
Should be going out doing all the bid documents, be ready to go out to bid and start it, because that process takes a while.
- Kurt Fevella
Legislator
Yeah, right, right. The clarification is you said that the guy that got the bid. Right. The guy that got the bid had a problem with the bid, with the. With the elevators, Right? That's what you just said, right?
- Kurt Fevella
Legislator
Okay. This is the problem, though. Same guy that doing the alarm is the same guy that I'm putting for the elevators. So you guys took out the elevators. Not you, but thanks. To go to elevators and then did the fire alarms. Right. Never seen a problem with that. Still giving the guy the contract. Right.
- Kurt Fevella
Legislator
But the guy would renege on the original bid because he realized, hey, of course. 1.
- Kurt Fevella
Legislator
It ridiculous because now the guy got the contract. Now he probably gonna be the only guy gonna put in the contract again and he gonna get more. Now he. $5 million more than the original bid.
- Brandon Kimora
Person
Yeah, I understand the frustration center. And we certainly share in that. I My. As it was explained to us, part of the challenge for DAGGS is that there was a sole bidder, and so that sold bidder received the contract.
- Brandon Kimora
Person
And when that sole bidder, who then holds the contract had an issue with the contract, DAGGS options were fewer. But I defer to DAGGS in terms of explaining a little bit more granularly, but that's how I understand it.
- Unidentified Speaker
Person
But you took out the money, and that money that you took out is enough to do the elevators. How does that.
- Brandon Kimora
Person
The money. The money that was when they descoped it to take the elevators out and there was money remaining that I guess DAGGS refers to as a credit that is now apparently not enough to do all nine elevators.
- Brandon Kimora
Person
So DAGGS will put it out to bid. I expect in the next couple of months to do.
- Donovan Dela Cruz
Legislator
To do the 5 money in the. First contract and then just do the fire alarm and the five.
- Brandon Kimora
Person
Right. I mean, my understanding is there was an issue between the. The General who put in the bid and the sub who. Who submitted to or shared with the. Shared with the General the amount that they could do the elevators for.
- Lorraine Inouye
Legislator
And you know what? That's a specialty Group there. There's hardly any.
- Donovan Dela Cruz
Legislator
Right. And they'll charge you. Okay, that's. That's different Department, but elevator.
- Samantha DeCorte
Legislator
Yeah. Table 22, please. Positions that are authorized to telework. You folks currently have 43 telework workers.
- Samantha DeCorte
Legislator
Table 22. It's on page 6667 and 68. Of how many the total do they have? Total?
- Samantha DeCorte
Legislator
Yeah, three pages, but it starts on page 66. So table 22, you folks have 43 telework workers. And then I'm gonna kind of ask three questions all at the same time so you can respond all at the same time. So within those positions, 18 of those positions are social workers, which majority of them are on the road.
- Samantha DeCorte
Legislator
So that's justifiable. However, court service workers are also wrapped in to that authorized telework workers. So how are you able to telework if your position is court services and you're not in the court? Then if you go down to page 65, also on the same table, table 221 of the authorized telework workers is deputy Department Director.
- Samantha DeCorte
Legislator
So. Yeah. Okay, so why is the deputy Department Director teleworking or any management position, therefore. And are you folks transitioning these workers to come back in person? Because 43 is a lot. I'm assuming it's since COVID But is there any plan to bring them back in, considering that we also do have vacancies as well? So.
- Brandon Kimora
Person
Thank you, Senator. We. At this point, we've. We take, I think, a careful eye for all of our telework assignments. We have a telework policy and agreement. In addition to that, we require that supervisors check in and talk with their. The teleworking employee at regular intervals and have them report into my office every quarter.
- Brandon Kimora
Person
In addition to that, anyone teleworking must be performing at their, you know, a requisite level. And if any performance issues, we can bring them back in immediately. And we have done that. So with that, you know.
- Brandon Kimora
Person
And these are folks that again, after, with constant reviews, have deemed to be performing either at the same level, if not better than the level that they would be performing in office.
- Samantha DeCorte
Legislator
Yeah. Is there a goal, though, to bring them back? So my concern, in addition to the court services position is deputy Department Director. I'm assuming this is a pretty. Pretty extensive management position. It should be in person.
- Brandon Kimora
Person
The deputy Department Director position is in Administration. I believe that may be, Lee. That may be. I don't want to misspeak, but it's in. It's an Administration. We have five administrative departments. Let me grab a just reference. I know which Department we're talking about.
- Unidentified Speaker
Person
This is in our IT Department. And so at this point, you know, this person and all of the teleworkers you know, again, are performing. We do not have a plan to bring them back. Primarily our teleworkers are two to three days. They are. So they're, you know, in the office quite a bit.
- Unidentified Speaker
Person
We have a few who are higher than that, but again, are able to perform at the necessary level. So this, at this time, we do not plan to bring it back.
- Unidentified Speaker
Person
We also believe that this opportunity for employees who continue to perform consistently at high levels to have the flexibility to telework is one of the things that helps us with our recruitment and retention and in particular the ability to keep our vacancies, although again, of course you would much rather it be much lower, is at this point less than 12%.
- Samantha DeCorte
Legislator
Do you know how and this wasn't on your report, so I'm asking, do you know how many of these 43 telework positions are part time versus full time?
- Unidentified Speaker
Person
They are primarily full time, if not exclusively. I can check and get back to you, but it's primarily full time.
- Donna Kim
Legislator
So following up on that, you have Judiciary 601 a special assistant to the Administration Director up to four days. Teleworking up to four days, $119,712 is the salary. So what do they do if they're assistant, special assistant to the admin Director?
- Unidentified Speaker
Person
Me just check to make sure I'm thinking of the right person. This, this person, in addition to being, or as part of them being special assistant, is our chief Innovations officer.
- Unidentified Speaker
Person
And so a lot of their work, well, again, most of their work is done not only remotely from a judiciary facility, but remotely in terms of not in person with, with other judiciary employees.
- Unidentified Speaker
Person
They can, they conduct, they do conduct most if pretty much all of their business either by email or phone or zoom meetings because they're working on innovations to the judiciary, primarily through technology and in some other ways focusing on, you know, innovative or sort of specialized projects to help us move forward, whether it's a tech project or to streamline a particular operation or something like that.
- Donna Kim
Legislator
Two of them, special assistant to the Administration Director. And one is up to four days and one is up to three days. Yes, they are both getting paid the same amount.
- Unidentified Speaker
Person
So the four day person I just spoke about, the three day person, up to three day person. And again, these are up to three and four.
- Unidentified Speaker
Person
And so especially at that level, it is Often the case that they do need to come in, they're authorized to be remote that amount, but they often do need to come in for in person meetings or events or things like that.
- Donna Kim
Legislator
That we know that. How is that being monitored? It's just, you know, and then you have a private secretary, private secretary up to two days. It just seems like, you know, you, everybody just want to work from home for 22 days out of the week.
- Donna Kim
Legislator
You know, I mean, these are, these are positions that have been traditionally, you know, they're there to assist people in the office, you know, and they're not around. So it's like, yeah, they may, they might be functioning, but are they really there servicing the public and servicing what needs to be done?
- Unidentified Speaker
Person
Thank you, Senator. We believe they are performing at an exceptionally high level. And these three I know personally because they, they work directly with me and they're performing at an exceptionally high level.
- Donna Kim
Legislator
They're always exceptionally high level. Compared to what. Compared to prior to, prior to them going being just hybrid or.
- Unidentified Speaker
Person
The job these, the job of the three that we're, that we're talking about requires exceptional performance in this office. And they are absolutely meeting expectations.
- Donna Kim
Legislator
Said that about most of the position that they're exceeding and performing exceptionally high. So what is it compared to, compared to prior to COVID 19 that they're, they're, they're doing this much compared to what they were doing before COVID I.
- Unidentified Speaker
Person
Think compared, compared to the expectations, compared to what we expect from them as an employee. Are they.
- Donna Kim
Legislator
So they, so they should have been performing at that same level then. Right. So they're beyond the original level. If exceptionally high level, they're continuing to.
- Donna Kim
Legislator
So they're not at a especially high level. They're at their normal level.
- Unidentified Speaker
Person
I suppose it's normal for that position, but the position requires exceptional performance. But I mean, to your, to your point, they're performing at the same level.
- Unidentified Speaker
Person
The level these, these three in particular, again, I can speak personally because they.
- Donna Kim
Legislator
Work in my office because it seems to be that only a few are expected to perform above high levels, but everybody else can perform below levels. You see what I'm saying?
- Unidentified Speaker
Person
I understand what you're saying, and maybe I'm misspeaking, but what I was initially trying to say in response to Senator Decord's question is that for everyone on this list, we have a policy and approach where each of them is reviewed on a regular basis by their supervisor and they are meeting or exceeding expectations for that job.
- Unidentified Speaker
Person
And those functions for the three that you're highlighting, I'm speaking more personally because I know, and I am their supervisor. And so I know that not only are they meeting those expectations, but they are indeed performing at an exceptional level.
- Donovan Dela Cruz
Legislator
Had somebody not meet. So you have to have them come back.
- Unidentified Speaker
Person
That I'm not sure and I can get back to. But that has. That has occurred. So we do not put people on telework status and forget about them. They are constantly reviewed.
- Donna Kim
Legislator
Can you share with the Committee at a later date in writing when you say they're reviewed consistently, what. What is that consistent? Is it across the board? They're. They're reviewed once a month, twice a month, once a week. I'll share a year. Can you share that with us?
- Michelle Kidani
Legislator
So do these employees have free parking spaces? If they're not in the office? Are we paying for parking spaces? Or we could lease out their parking spaces.
- Unidentified Speaker
Person
They do not have free parking. I'll have to check on whether the telework status impacts their.
- Unidentified Speaker
Person
Right? Yeah. Their ability to park depends where they're located.
- Donovan Dela Cruz
Legislator
You got to pay. But in most rural areas, correcting is provided.
- Karl Rhoads
Legislator
Yeah. No, I, you know, there's been this long running debate about telework versus being in there in person, and I have not. Management personnel management is not an area of specialty for me at all. Have you.
- Karl Rhoads
Legislator
Are you aware of studies that have actually looked at whether people who are working remotely are any less efficient than those who are working in their office? Does it make any difference? Is it. Does it. Are they more efficient if they're at home? Are they less efficient if they're at home? Thank you, Senator.
- Unidentified Speaker
Person
Most of the academic type studies that I've seen have indicated that they're having a hybrid approach, which is, again, where virtually all of ours are, is the, is the sweet spot, if you will, and it allows folks to perform at their best. Okay. There are certainly many, many anecdotes that, you know, are not consistent with that.
- Unidentified Speaker
Person
But, but that's, that's what we've seen. And, you know, bring it back to the folks on this list. To us, this is critical in retention of employees. Okay.
- Donovan Dela Cruz
Legislator
Thanks. I think it depends though, right, because some departments may not have a robust review program like you if you're saying your program of review is that consistent, I think others, they have not shared with us their, their timeline or their system of review.
- Michelle Kidani
Legislator
I think, Chair, that one of the questions that should be asked when departments request additional personnel is how many they had working from home.
- Donovan Dela Cruz
Legislator
No, it's. Yeah. So we have that as all the, each department, if you, if for the Members, there is a table on Members on staff. That's teleworking.
- Donna Kim
Legislator
Yeah. And that brings up the question because we know for a fact that teleworkers and I. And I'm not faulting them. When you work from home, you're not spending the required eight hours that you normally do at work focused and doing your work.
- Donna Kim
Legislator
So a lot of times the work can be done, like you said, at a high level. They can do it in 23 hours. They can go, you know, to the doctor or they can go grocery shopping or they can, you know, watch the kids. I, I don't know.
- Donna Kim
Legislator
I know people tell me that, that they're able to do all of these functions and people are shaking, nodding their heads because that's reality. You can wash your clothes, you can make meals, you can do your work.
- Donna Kim
Legislator
So if that's the case that they can do that work in that shorter period of time, then are we having too many employees in the. And that they're not, you know, they're doing the same amount of work, but it's taking them eight hours to do it?
- Donovan Dela Cruz
Legislator
But these are questions we should also ask DHRD 6 hours or does.
- Karl Rhoads
Legislator
It just mean that they don't do it eight hours in a row and they. 16 hours in a day, basically where you don't sleep. So do they do that work in eight hours and they do all the other stuff that they would do and I don't know, I don't know the.
- Donna Kim
Legislator
Answer, but it, the people I talk to, they know they're not going to stay up to midnight and do.
- Donovan Dela Cruz
Legislator
The part that I think is missing though, is when you're not there, you're not part of the conversation. And so that I feel like is where there is some loss.
- Unidentified Speaker
Person
Right. And with that we do have these meetings all telework.
- Donovan Dela Cruz
Legislator
None of us would, we wouldn't chit chat in the hallway. We wouldn't, you know, we wouldn't discuss things the same way. So that part I feel from a team perspective and a communication and getting everybody on the same page seems like there is some loss.
- Donna Kim
Legislator
You're just not engaged. A lot of times when you're working from home got so many distractions.
- Samantha DeCorte
Legislator
I do also acknowledge that there is exceptions. So, for example, social workers, right? Most of them, they're on the road, they're visiting. Like that's understandable. But there's no. Yeah, yeah, but then there's no reason for court services.
- Samantha DeCorte
Legislator
I mean, you over here, you have, you have a planner, you have program specialists, you have Deputy Department Director, you have DUI adjudicators. So I understand that there are exceptions.
- Samantha DeCorte
Legislator
And if we're not, if, if we don't have a goal to rebuild the in person culture and make that the norm, then what I believe is that if we move forward with this kind of method, pretty soon everybody's going to want to telework and then no more.
- Samantha DeCorte
Legislator
No need money for buildings, no need money for parking, no need money for budget. Nobody money for. Yeah, so, so that, that is the point is whether they are, their work is coming out, etc. No elevators because nobody's in them. Yeah.
- Unidentified Speaker
Person
Thank you, Senator. At this point, nobody's in them because they're broken down. But I appreciate the question and I appreciate Senator Kim's question.
- Unidentified Speaker
Person
Most of the studies I've seen have indicated, if anything, that employees who are on the days that they are teleworking, and this is again, academic and not related to the judiciary, work more than their eight hours and maybe because they are breaking it up with doing other things. Our judiciary policy.
- Unidentified Speaker
Person
So bring it back to our judiciary policy. We explicitly exclude and prohibit, you know, caretaking of kids or parents or other things.
- Donna Kim
Legislator
Eight hour employees at your office work more than eight hours. They take work and I take work. So that's me, you know, so that's standard, right? I mean, I don't know anybody who don't take. Well, they could be, but take work home.
- Donna Kim
Legislator
I mean, I take my computer from here to the room and I'm on a computer in the middle of the night.
- Donna Kim
Legislator
I mean, so to say that they're doing more work than the people that's in the office, I don't know that I buy that.
- Tim Richards
Legislator
Question. We're talking about the South Kohala judiciary, the courthouse, and you asked for 3.25 million for security. Is some of that detailed for that South Kohala? Because I didn't realize how bad it was till we did that tour.
- Unidentified Speaker
Person
It is quite bad. Of the 3.25, we plan to have a portion of it for each circuit or each island and so again, because it's supplemental and not instead of deal deputies, we plan to be flexible and move them around. And so the short answer is, yes, we anticipate them being at South Kohala.
- Unidentified Speaker
Person
The longer answer is not all the time because we don't anticipate them being at any of these facilities all the time, all day. We plan to move them around as needed. Where there are gaps in DLE's coverage.
- Tim Richards
Legislator
Well, it's just the security standpoint where you have those windows that open right in. And I. I can see where there's a big concern on that. Yeah. And when I was there, I didn't see anybody actually looking around the building or watching that. Maybe you have cameras or something.
- Unidentified Speaker
Person
But that is an area that we absolutely want to. Want to beef up around that building. We've been keeping the windows closed, which is a start, so that people can't see when court is in session, which is, you know, modest at best, but. Yes. Understood. Okay. Thank you. Thank you.
- Kurt Fevella
Legislator
Just. Just on the. My concern is how much you know all these guys that is teleworking. I mean, I noticed broken record. But how much of these guys are you hires? How much of the teleworker guys are new hires? Because you're telling me that's a sweet spot for him to get the job.
- Kurt Fevella
Legislator
But if I was working 30 years in the position, all of a sudden you're allowing me for goal. But I got hired. That wasn't a sweet spot. You know what the sweet spot was, everyone? Government job. That was a sweet spot. Yeah. Are you seeing that's the sweet spot.
- Kurt Fevella
Legislator
Then we got to figure out how we can change that. Because again like our Senator was the same. How are we going to get this? And then it was Senator that approved said, how are you going harder. What some of these guys, I mean, can I ask you a quick. Are you teleworking?
- Kurt Fevella
Legislator
Okay. Just checking. But again, confidentiality. Yeah. With some of these work happening over here. I'm at the laundry man or day.
- Kurt Fevella
Legislator
Yeah. So would you want everybody else to live semi 16 hours? Shouldn't they be living 8 hours? That would be nice seeing because again, every department maybe doesn't have the oversight that you do. But this is an excuse. And not say you have an excuse, but it's an excuse that that's the reason why they're getting hired.
- Kurt Fevella
Legislator
They should get hired because of the pay some of these guys getting 100 something thousand. 100 something thousand iron from Have a beach to over here, stay here. And more than I stay here now. I mean, you see what I'm saying, that should be the incentive.
- Kurt Fevella
Legislator
If these guys been working over a year or two years the way they got hired, that was the sweet spot to working for government, that they're going to have one job for 30 years. But you're telling me, you know, that's their sweet spot.
- Kurt Fevella
Legislator
I get hard time to understand that you got to worry about the, you know, confidentiality of some of the work that they're doing. You know what I mean? I mean that's just something that you look at because there's pages of it. I mean, not just your department, but a lot of departments.
- Kurt Fevella
Legislator
And I know that Senator Kim's pet peeve when it comes to television business. People watching their parents cooking dinner, getting their medication for their spouse, you know, I mean, I'm saying that you're probably doing that.
- Donovan Dela Cruz
Legislator
Okay, we have the AG waiting outside and anybody else have.
- Donna Kim
Legislator
Okay, and you can give this information to us. The first one though, first is can you focus in the future instead of putting the same thing for everybody at the purpose of their work teleworking. Is employee able to perform assigned duties?
- Donna Kim
Legislator
Can you tell us what their assigned duties are so we can see it Instead of giving us the standard statement for every single person that doesn't help us at all to justify them doing this. Second, I, you know, human resources, to me that's a people kind of position.
- Donna Kim
Legislator
Yet you have a lot of human resource specialists and then you have the human resource special resource manager. The manager should be managing these people. And yet they're on their own hybrid. I mean, they're up to 23 days out of the office.
- Donna Kim
Legislator
I don't know how you do human resources when you're not looking at the people or talking with them and then managing them from. Managing them from home.
- Unidentified Speaker
Person
Thank you, Senator. The human resources positions in particular, those are primarily in our Administrative Department. So they're not in a court facility. So in the administrative departments, they're essentially providing guidance to, you know, other HR and other throughout the state and seeing.
- Donna Kim
Legislator
The employees and understanding what's going on in the workplace. Anyway, you can get back to us and go.
- Donovan Dela Cruz
Legislator
Understood. Thank you. Okay, I had a question about Table 23. I noticed that on some of the travel there's quite a bit that are state which makes sense. But there it also shows that the cost of some of these trips were paid by an other entity.
- Donovan Dela Cruz
Legislator
So how does, how does, what's the process for you guys Because I know at the Legislature we often check with ethics to determine if we can accept those trips by the other entity.
- Unidentified Speaker
Person
Thank you, Senator. Some. Sometimes it is something that we need to check with ethics. It's often, I think probably more frequently it's something that's part of a grant. And so when we apply for the grant and receive that funding, then it's already anticipated that we're going to use that those. Use those funds for travel. Okay.
- Donovan Dela Cruz
Legislator
Okay. It's not delineated though. It just says other understanding because how does that work? I know previously there was a, I guess a difference of opinion that judges ethics standards, they don't go to the ethics commission, but the staff go to the ethics commission.
- Donovan Dela Cruz
Legislator
So that means some of these. The judges could take the trip, but they don't check with ethics.
- Unidentified Speaker
Person
I suppose. Correct. The. The 22 types of the judge travel. One where it is something that, you know, they should, you know, presumably check with ethics, if you will. They would check with the judicial conduct commission, which is the parallel to the, the state Ethics Commission.
- Donovan Dela Cruz
Legislator
Yeah. But they. All they do is they review it and then they have to submit it to the Supreme Court who makes the final decision.
- Unidentified Speaker
Person
For a significant dispute it would. Yes, the. The conduct commission's recommendation would go to the court, but for something at this, you know, whether. Whether it would be appropriate to travel with funding from this entity, that would be advice from the, from the conduct commission, I would think.
- Unidentified Speaker
Person
I can get the Members to you. Who's. Who appoints the commission? The court. Okay.
- Unidentified Speaker
Person
There is a mix of lay and attorneys and I can get the. The names and certainly the, the requirements for the appointees.
- Donna Kim
Legislator
Judges, other ones. Some of them are on that Committee. They got to come before the judges.
- Donovan Dela Cruz
Legislator
That's why I don't quite understand how that works between the judges having their. I don't know who determined that they have their own ethics rules that don't follow the ethics Commission. So I'm not sure how some of these.
- Donovan Dela Cruz
Legislator
Because now I guess ethics commission has gone especially because there's a former judge on the ethics commission that says even if it's a grant for us, that's a gift. And so now. So that's where it's. It's not consistent in how this is being applied across the state and.
- Michelle Kidani
Legislator
Could you include on the other instead of other, specify the organization that's funding it.
- Donna Kim
Legislator
So what state or country they went to do you put that on or just the state? State, state, state.
- Donovan Dela Cruz
Legislator
No, the state means the state funded it. But you don't know where the conference is.
- Donna Kim
Legislator
But things like focus groups, which is $3,000, $4,000 National Council.
- Donovan Dela Cruz
Legislator
So what, what's the final decision or what's the most recent decision on how this works between the judiciary employees having one set of ethical standards and the judges having a different one?
- Unidentified Speaker
Person
That is the current, you know, judges report to the conduct commission or not report to, but are subject to the judicial code of conduct under this Hawaii Supreme Court. Because the Hawaii Supreme Court under the Constitution governs judges and their conduct. Okay.
- Donovan Dela Cruz
Legislator
And so the Supreme Court determined that they've exempted themselves out of the ethics code.
- Unidentified Speaker
Person
I believe that may be in the constitution. But I will need to check and get back to you that the, the as to the applicability of this. Of the state ethics code. But the. I was checking it back to you center. I don't want to misspeak, but the remainder of judiciary employees.
- Donovan Dela Cruz
Legislator
Judiciary could be exempt from the. The ethics code based on the Constitution.
- Unidentified Speaker
Person
The remainder of the employees are subject as a state employee, subject to the state ethics code.
- Donovan Dela Cruz
Legislator
So that's where it's kind of confusing that half the. Everybody in the. The branch that's not a judge has to follow statewide law, but the judges do not.
- Donovan Dela Cruz
Legislator
Any other questions? Okay, thank you. We're going to recess for five minutes so that we can have the AG set up.
- Donovan Dela Cruz
Legislator
Okay, reconvening. Next, we're going to hear from the Department of Attorney General, who will present their supplemental budget request. Good afternoon.
- Anne Lopez
Person
Good afternoon, Chair Dela Cruz and Rhoads and Members of the Ways and Means and Judiciary. I know you want to go right to table six, so if I could just share a couple of really important highlights. We did reduce our vacancy rate 50% from last year, and we've done it for a couple of reasons.
- Anne Lopez
Person
One is the appropriations allow us to continue to be competitive in the commercial market with our deputies. The second is that we did attend 11. Thank you. Job fairs, and that played a big part of it. All of our. Our supervisors are attending these as opposed to just our HR so they can talk to people direct.
- Anne Lopez
Person
And the other thing that we're doing that I'm excited about and we're waiting for DHRD blessing is we are trying to make a change to our legal assistants, who are unit three, to create an advanced legal assistant position so that there's some place for them to go and move up in the Department.
- Anne Lopez
Person
So as soon as we get that done, we will start implementing that as well. So for federal legislation or federal work, I wanted to review the state as a party to 39 lawsuits, three of which our office took lead on. The Democratic AG Coalition has obtained 16 preliminary injunctions and five final judgments.
- Anne Lopez
Person
Those efforts have prevented close to a billion dollars of congressionally appropriated funds leaving Hawaii. That includes $500 million owed to the state by Fe, 365 million owed to Dot, 89 to Doh, 33 to Doe, and over $100 million to.
- Donovan Dela Cruz
Legislator
Yeah, yeah, she's going to go through that, and then we're going to go through.
- Anne Lopez
Person
Thanks. And I'm assuming our litigation funds are on one of those tables. So we can go. We can go through that when we're.
- Donovan Dela Cruz
Legislator
Just not used to having. Beginning with so many accomplishments. And we have info briefing.
- Donovan Dela Cruz
Legislator
Hopefully the other departments are watching, and then they have a list of accomplishments.
- Anne Lopez
Person
Right. All right, table six. I think you guys all know that Brendan is a superstar here, and I'm going to let him take point on answering all of your table questions.
- Brandon Kinoshita
Person
Brandon Kinoshita, Administrative Services Manager for the Department. So we have very few asks this year. I think, you know, the Department tried to be Very cognizant of the state's current fiscal position and being mindful of that. So our priority one is a increase to our line item budget for litigation expenses.
- Brandon Kinoshita
Person
Last session, the Legislature did provide a increase to our litigation budget for fiscal 26. And then there was. That was to 5 million. And then increase the base for fiscal 27 to 3 million.
- Brandon Kinoshita
Person
We're asking for 1 million to increase that to 4 million, largely in part to be prepared for additional costs that may be incurred as we continue through federal litigation.
- Brandon Kinoshita
Person
On average, I would say so for fiscal years 24 and 25, we have spent more than 300 mil or $3 million on litigation expenses not related to the federal litigation. So 3 million is a base for our General litigation requirements.
- Brandon Kinoshita
Person
But the additional 1 million would be to supplement that for anything that may occur outside of that. Our priority number two is, is a request to increase the special fund ceiling for our Medicaid Fraud Control unit. That unit operates on a 75/25% match with the Federal Government funding. 75%.
- Brandon Kinoshita
Person
Those funds have not been at jeopardy of being reduced. And so we did get a notice of award. Our award is larger than previous years. And so in order to maximize the state match, we just need to increase the appropriation ceiling. So they have significant. They have sufficient special fund cash in the account.
- Brandon Kinoshita
Person
They just require the additional ceiling in order to expend up to the match.
- Sharon Moriwaki
Legislator
How much more was the increase and how much more is the match that we are asking for?
- Brandon Kinoshita
Person
So the increase match, I believe the shortfall is about $147,621. We rounded that up to 200,000 just in case there's additional increases, adjustments for fringe, anything like that. And then our priority item 10, I will just summarize this is to increase staffing and operating costs for the Law Enforcement Standards Board.
- Brandon Kinoshita
Person
The LASB is an attached agency to the Department of the Attorney General. So, you know, we are the vehicle for the agency to get their budget request in front of the Legislature. But we will defer any questions specific to their program operations to Lesbian.
- Brandon Kinoshita
Person
And then finally, our additional ask is an increase to our Federal Fund appropriation ceiling for the Hawaii Criminal Justice Data Center. Similarly, there's an anticipated increase in the amount of federal award that they will receive. And so we just need an increase in the appropriation ceiling so that they can have full access to those funds.
- Karl Rhoads
Legislator
So on the litigation ad, how to phrase this? So your, your Department has been criticized somewhat for spending all this money on Fighting the. The Federal Government on stuff. But this is the money that's gone to. We spent $3 million to save a billion dollars. Is that essentially.
- Anne Lopez
Person
Actually, no. Spent less than three federal litigation funds. We have spent 1512,000. $15.17.
- Anne Lopez
Person
On investment, but we anticipate that to increase in the next year. This last year has been filing complaints and preliminary injunctions, so we haven't had discovery and depositions and trial. So as that occurs over the next.
- Karl Rhoads
Legislator
Now, in terms of the prospects for having continued victories like this, I guess I'm a little pessimistic because a lot of the stuff you were litigating before was from federal bills that had passed the year before and had been signed into law by President Biden and they were trying to cut that out.
- Karl Rhoads
Legislator
But now that the Republicans have been in control of the Congress for a cycle, there won't be those same kind of targets. I'm assuming they'll just make the cuts and they have the votes to do that, and so they make the cuts.
- Anne Lopez
Person
That is true. I think where we're going to see future lawsuits head though is their increased retribution and retaliation against states who have statutes and constitutions like ours that protect. All kinds reproductive rights. Right.
- Anne Lopez
Person
And so we're seeing some of that retaliation already. It hasn't happened in Hawaii, but we're beginning to see that. And I imagine that that may be where we go next.
- Karl Rhoads
Legislator
So. So there were five blue states that were retaliated against recently on child support payments, I believe. Correct. We were not one of those. We were not. Okay. Okay. Thanks.
- Sharon Moriwaki
Legislator
So are these costs just for Hawaii or are we part of the. The group of attorneys General that we've all been spending our own money for?
- Anne Lopez
Person
Our litigation we split across. And I will say, because we have now fully staffed nine of our divisions and we've been able to take care of our vacancies. We've been able to do most of our, well, all of our work in house without stressing too much of our regular workload. Thank you.
- Donovan Dela Cruz
Legislator
Can you just give us a status update on the two programs that we funded that you recently established to fight human trafficking and white collar crime?
- Donovan Dela Cruz
Legislator
You guys can, you know, that's something that the Legislature added, and initially it was supposed to be two separate. But then you, I mean, you know, you guys are the one who have to implement. So you thought it was a better idea to combine the.
- Matthew Devon
Person
Sure. First Deputy Chair in General, Matthew Devon. So that division is called SIPD, the Special Investigation and Prosecution Division. The decision to actually merge them into one division was made by the prior Administration. So. So that's what happened.
- Donovan Dela Cruz
Legislator
So do you find that that's the right decision or should it be looked at separately?
- Matthew Devon
Person
No, I think it's working out fine. They are split up. We have deputy, we have prosecutors in each branch, three in each. And it's been working out very well. We've had great luck in hiring special agents to investigate these crimes. We draw heavily on former federal law enforcement who have experience doing trafficking investigations and white collar investigations.
- Matthew Devon
Person
So it is bearing fruit. It does take time. White collar cases take a long time to work up. But we're starting to see the fruits.
- Donovan Dela Cruz
Legislator
Of that because we had put a lot of money toward helping sex trafficking victims. But we've never actually prosecuted until we started establishing, you know, this, this new division. And then the feds accused Hawaii of not really investigating any white collar crime.
- Donovan Dela Cruz
Legislator
So then we put money in so that we could have our own white collar crime division which you guys put into this new division. And then there's this whole thing about this $35,000 brown paper bag.
- Donovan Dela Cruz
Legislator
But I think that people may not realize we actually, the Attorney General actually has a whole branch to investigate all of these things. That's correct.
- Anne Lopez
Person
I, I would add that for the Public Integrity. SIPD also is our Public Integrity Integrity Unit. So they are also doing investigations. And it's not. It's about any kind of public employee who might be taking monies for personal use and that kind of thing.
- Anne Lopez
Person
And so they've had a few, we've had a few plea deals from that, from successful investigations.
- Donovan Dela Cruz
Legislator
Yeah, that's something that I think most people are not aware that we put resources there. So they may not know that these investigations are going on. It's just that you're not announcing them.
- Anne Lopez
Person
Can I add one more thing? I'm sorry? With respect to the sex trafficking our. We were. SIPD was required to issue a report this year on the work that they've been doing related to sex trafficking. That report has been filed so you should have access to copies of that.
- Anne Lopez
Person
And it really provides an excellent, you know, primer on the work that's been done and what recommendations they're making for moving forward.
- Donovan Dela Cruz
Legislator
Well, you know, I'm just, I'm surprised to their credit is that they stood them up quickly. You know, a lot of other agencies, you give them money to start a new branch or a new division and it takes forever. But, but the Attorney General's office actually like, set them up quickly and then it's moving. It's actually investigating.
- Karl Rhoads
Legislator
Can I, can I ask you about the Crime Prevention and Justice Assistance Division? So according to your testimony, Department has identified that the Victims of Crime Act Victim Assistance Grant awarded by the U.S. Department of justice is at risk for a reduction of federal funds. Can you.
- Karl Rhoads
Legislator
And it sounded like you were not going to try to backfill that money. Can you just tell us what the program is? And.
- Anne Lopez
Person
I'm asking Julia Bato. She is the supervisor of the Crime Prevention and Justice Assistance.
- Karl Rhoads
Legislator
Thank you. But. So I'm just, just trying to figure out what, what's happening and you know, what are we, what are we planning to, what do you, what's the department's plan to deal with it, if there is one.
- Julie Bato
Person
Good afternoon. Julie Bato, as was mentioned, I'm the Administrator for the Crime Prevention Justice Assistance Division. The Victim Assistance Program is a fund that comes out of the Office of Office for Victims of Crime.
- Julie Bato
Person
It is a fund that comes out of the Crime Victim Fund where the U.S. attorneys, when they prosecute certain cases, money such as penalties and fines go into the fund. There is a history starting from 2016 where there was a buildup of the fund. Unbeknownst to states, the wisdom was to start pushing out a lot of monies.
- Julie Bato
Person
There was a huge influx of monies that were going out to states. Really. The Crime Victim Fund is meant to support direct victim services, so it equates to personnel costs. Subsequently. What happened was there was so much money going out, but the Crime Victim Fund wasn't recovering at the pace that the monies were going out.
- Julie Bato
Person
So there was a subsequent drop. There have been attempts to try to stabilize the fund so that those increases and decreases won't spike quite as drastically. So we put in some numbers for you folks in that report showing some of the ebb and flow last session. We folks did make permanent an increase in the crime.
- Julie Bato
Person
Sorry, the Victim Assistance Funds that the four prosecutor's office gets a lot of the monies from the Crime Victim Fund, the Victim Assistance monies were supporting those offices. And so that increase at the state level help offset some of those costs.
- Julie Bato
Person
What we're looking at is there's likely to be a dip in the federal monies for 27 and we're looking at bridge funding. So what. What also happened with this grant program was it was one of the few grant programs where you couldn't get an extension either. You used the monies and it lapsed.
- Julie Bato
Person
And so part of the VOCA fix that was done by Congress in 2021 is to allow states to have a no cost extension. So we're looking at when monies are not being spent, to reallocate those monies to stretch it out longer. So for 2027, we're anticipating we're going to get some return monies.
- Julie Bato
Person
We can do some bridge funding and try to make up some of the shortfall. So for us at this point, it's a watch and see thing. The stabilization is a, is much better. We're not seeing such high peaks and lulls in terms of what states are getting and therefore what we can pass on.
- Julie Bato
Person
So with that, we might have different news for you next session, but for the time being, we're not asking for any additional monies.
- Brandon Elefante
Legislator
All right, thank you. That helps. Go ahead. Yeah, thanks, general, for what's going on. Your request for the 200,000 to bump the ceiling for the 25% match. I got to thinking about that with all the federal litigation, this federal funding, is that potentially going to be impacted?
- Brandon Elefante
Legislator
Meaning that are we going to become a target and reduction in some of our funding? Because. Seems a little paradoxical to me.
- Anne Lopez
Person
Right. The Medicaid fraud unit is actually a mandatory unit that is required to be in the Attorney's General office. And that's from Congress. So it is something we do to ensure that there's no fraud, waste and abuse. And so with that, as well as some of our law enforcement monies, we haven't, they haven't pushed to o.
- Anne Lopez
Person
Sorry, decrease those things at this time and we haven't really heard of an effort to do so yet. Let me just confirm. Is that true? Correct.
- Brandon Elefante
Legislator
That's okay. I just. For the obvious reasons, I question they're going to fund something that may be used against them. I mean, not directly, but you. What I'm talking about. Right.
- Kurt Fevella
Legislator
You guys brought up the victims of crime and you know, thank you for the helping in uncovering the fruit of the deeds and, and you know, prosecuting or getting these guys arrested. But my question is to the victims.
- Kurt Fevella
Legislator
I mean, I know she was just talking about the crimes and victims, but most of These people are not getting their land back. Their lands were sell over and over. Is that would be covered under the victims compensation when it comes to that Because a lot of them lost their homes due to fraud with the.
- Kurt Fevella
Legislator
With the notary and taking away their deeds and properties being sold on the market and they lost their family's property or their own property at that point. Is is there anything that they're. That we're having that they're going to be recovering for because of the victims funding that she was just talking about?
- Anne Lopez
Person
It would not be covered under those funds. I think most of them are dedicated to victims of violent crime or domestic violence and so forth. I haven't been updated recently on what's happening with the deeds. I know that we've been successful thanks in large part to information coming into our office.
- Anne Lopez
Person
But I'm happy to see what's happening with that and give you an update.
- Kurt Fevella
Legislator
Later because I know the one in Waianae families they sold it before the family even must be able to get some kind of help from you guys to even recover.
- Kurt Fevella
Legislator
So they got like pennies on the dollar for the property and the family's devastated because they lost their family members and they passed away and when they found out person was illegally live in their home and transfer deed illegally.
- Kurt Fevella
Legislator
So is there anything that you guys are doing to not only through the prevention but even going forward and not making it so easy so people can just go down to records and change the deed into other people's with fraudulent notaries.
- Donovan Dela Cruz
Legislator
Someone that really should be Bureau of conveyance fixing their systems. Right. Yes, absolutely. Part of that. But that comes in we can ask what are they doing.
- Kurt Fevella
Legislator
Yeah. Because I know that they within the internal they was trying to. That's how they ended up getting all the information to me so I could give it to you guys. And you guys have the Fraud Department for the notary. Right? Right. Yeah.
- Kurt Fevella
Legislator
So is there something that we can all work with even like what Senator Dela Cruz said so that we can prevent this because it's happening more than. Than we even know. Right.
- Anne Lopez
Person
Well certainly we have uncovered more since those first indictments came out with lawyers contacting our office saying I never signed that. So we haven't covered more. We haven't. We. We don't have anything happening right now. But of course if the bureau or DLNR needs assistance or a way to do something, we're more than happy to help.
- Donovan Dela Cruz
Legislator
Thank you. Thank you. Thank you Chair. Any other questions?
- Anne Lopez
Person
I'm not sure of the actual number. We now have them divided up more into different areas. We have our tobacco enforcement. We're developing the new nuisance abatement group. Do you have those numbers, Brendan?
- Brandon Kinoshita
Person
I can get you the exact number, Senator, but as AG mentioned, we have investigator. We have an investigations division that has investigators. We probably have about.
- Matthew Devon
Person
It's probably about 20. Half of them went to Department of Law Enforcement. So we used to have about 40. Half of them left. So we have about 20 left in that division.
- Brandon Kinoshita
Person
Those. So those are the nuisance abatement positions that were appropriated in a specific appropriation bill. So those have been established. The current status is we established them, we sent them to DHRD. All of our investigators in our investigations division currently are excluded from the bargaining unit, subject to Chapter 89, because they deal with confidential information.
- Brandon Kinoshita
Person
We made a request to HGEA to have these new investigators also excluded, consistent with all other investigator positions in the division. We just heard back on the 31st that HGA disagreed with our request to exclude those positions. And so now we're following up on next steps.
- Donna Kim
Legislator
So you establish six, and according to your vacancies, you have four vacant. Is that correct? Is that so?
- Brandon Kinoshita
Person
The vacancy table on Table 11, those are all of the budgeted authorized positions. The. Because those positions that were appropriated via the specific appropriation, they're only good until 6-30-27.
- Brandon Kinoshita
Person
I guess the nuisance. The nuisance abatement positions, none are filled yet.
- Donna Kim
Legislator
You have investigators that do investigations that are requested of individuals or Department heads.
- Anne Lopez
Person
We have MOUs with a number of the departments where we get requests for investigations of any number of things DOE. Now, they're not DOA. Dab. They may ask investigators to get involved with some activity that they think might be criminal. So they will have our investigators do that. We do some HR investigations.
- Donna Kim
Legislator
You charge them for doing those investigations, the Department, they pay the Department, or so it.
- Brandon Kinoshita
Person
It depends. Some positions, if they're authorized as MOFU, interdepartmentally funded positions, then we do bill client agencies because the only source of revenue to fund those are through accounts payable.
- Brandon Kinoshita
Person
But the investigations Division in general, I mean, there's referrals made to the Department for an investigation, and then, you know, the AG will make the determination about what is the best course of action. To pursue with that investigation.
- Donna Kim
Legislator
Okay. Because when we met with Dotax, we saw their line item $50,000 for a consultant contract between Department of Attorney General to investigate complaints against the Director of Taxation. So can you speak to that?
- Anne Lopez
Person
I can. It is typical in HR matters for our office to be the contracting agency. And typically the agency where the investigation needs to occur is the funding agency. And that's what happened.
- Anne Lopez
Person
In this case, we were the contracting agency, but in this case the Director is a former employee and some of the statements in the complaint relate to our Department and we felt that it would be inappropriate for us to do the investigation. So an outside investigator was engaged.
- Donna Kim
Legislator
So is it standard that the person being investigated stays on and work or should they go on administrative leave? Because it's difficult for investigation to talk with employees when the person being investigated. I get complaints from these employees that they don't feel they can speak freely.
- Anne Lopez
Person
This is generally a case by case basis about what happens. And I'm not sure exactly how that decision was made. I am aware that the supervision of the employees involved in that complaint has been transferred to Kristen. And Gary has no involvement in any of that.
- Anne Lopez
Person
I recognize that might not resolve the problem you're identifying right now, but that's.
- Donovan Dela Cruz
Legislator
That's the only person that can put him on paid leave is the Governor, not the AG. Oh, I see. But is that recommendation? I mean, they're both in the cabinet at somewhat the same. He's a higher tier, but they're all cabinet Members, Right? Exactly.
- Donna Kim
Legislator
But you do advise on legal issues. So if there could be some legal ramifications, you would advise a Governor. Right?
- Anne Lopez
Person
Of course. If they. If they asked for some of that advice, if there were concerns. We generally have actually had our supervising deputy, Amanda Donlon is always available with the. For directors and. And the Governor to talk to about any of those kind of human resources.
- Donna Kim
Legislator
I think the goal is to get to the bottom of it and get accur. Absolutely, that's the goal. Then it's very difficult in a situation where even though you move the employees, they're still working under the hierarchy that's there. And then you have other situations like in the choice situation where person was put on leave.
- Donna Kim
Legislator
I don't know what happened to the investigation and whether you're doing that in your office. But there doesn't seem to be a systematic across the board kinds of policy on how we deal with these things. And it's very troubling because we get the calls from employees who feel intimidated.
- Anne Lopez
Person
Right. There are different ways that we handle it. The DHRD. I can't think of her name who does the investigations. Yeah, Signe. She is fantastic. She does excellent investigations. But there's only one of her. And so sometimes if she's not available, then outside investigators will be engaged at that point.
- Anne Lopez
Person
With respect to the Isaac Choy matter, that was an example where she was so overbooked that DHRD requested.
- Donovan Dela Cruz
Legislator
But in that case. But he was. Isaac does not report directly to the Governor. And so the supervisor, you know, there's different levels that determined he should be put on. On leave. In this. In the case that we're talking about now, the supervisor is the Governor. Right.
- Donovan Dela Cruz
Legislator
And so that's where, you know, it just depends on the supervisor.
- Anne Lopez
Person
I would encourage you though, if, if you ever have people call you who are concerned, I would invite them to contact my Department.
- Donna Kim
Legislator
Well, you know what, they're afraid and they say that he came from the AG and that he has other people working in the Department that from the ags. And so they feel that this whole. Whole atmosphere is one of hostility and they don't feel that they can trust. Right, right. So.
- Anne Lopez
Person
Well, let me be very clear. Publicly, that is unacceptable for anybody to fear anybody in my Department. If they contact Matt or me directly, then they will be protected. I'm not going to go talk to other deputies about things and I make. I take that seriously.
- Donna Kim
Legislator
And it's a fear of retaliation. And they have been retaliations with. In the Department.
- Donna Kim
Legislator
In the Department, that's right. The people are bringing the complaints to us.
- Anne Lopez
Person
I understand that and I think that can happen throughout, well, any business and certainly within state government. But I'll again make the statement that it will not happen in my Department. We will not retaliate. And if somebody wants to contact me.
- Donna Kim
Legislator
No, I know you said for them to call you. I'm just saying the reason why they don't, because I did bring that up, is that they feel that, you know, the Director having come from your office and that he is currently managers, the people that report to him that came from your office.
- Anne Lopez
Person
Okay. We can find. If you want to talk offline, we can find another way for them to have somebody to talk to about their concerns.
- Donna Kim
Legislator
You talk with. Maybe you can't talk about this Ming, though, because, I mean, no, I. The one that complained to me, but he did write a long complaint, gave it to the Governor, I don't know, things sent to you. So maybe you need to talk to him. I don't know.
- Anne Lopez
Person
As long as there's an outside investigator involved, I'm not going to reach out and talk to anybody and interfere with the work that's being done.
- Donna Kim
Legislator
So then these employees that might be involved in that investigation can't contact you anyway.
- Donovan Dela Cruz
Legislator
No, but she's saying that they couldn't maybe contact the independent investigator.
- Anne Lopez
Person
Well, they can contact me and I can absolutely reach out to the investigator to say I'm hearing these concerns and is there a way for you to work with this?
- Samantha DeCorte
Legislator
Okay, really quick, table 22 telework positions. I just wanted to highlight that currently the Department has 32 authorized telework positions, 25 of which are Deputy Attorney General General positions. So I'm going to pose this question similar to what I did in the last hearing, which is how can you be effective as a deputy ag?
- Samantha DeCorte
Legislator
Also there's one position, Senior Deputy Counsel to telework, where if you just go right down the line of budgeting, all of these positions are making over 100,000. So just doing the simple math, you're talking about $30 million for telework positions. And is there.
- Samantha DeCorte
Legislator
So my first question is how can we monitor the effectiveness of these positions if they are teleworking? And number two, is there a plan to get them back in person to again create the culture of in person work system?
- Anne Lopez
Person
Right. As to the first one and the senior deputy that you identified, all I will say is that is it a reasonable accommodation and we'll keep it that way. And I can't say anything else much.
- Donna Kim
Legislator
Of what to say when you say reasonable, is it in line with the policy or is it exception to the policy?
- Anne Lopez
Person
No, it's, it's part of our policies. If, if somebody you know requests a reasonable accommodation, then it's our obligation to.
- Donna Kim
Legislator
If parent is sick, parent is sick or they need to be a caretaker, is that a reasonable accommodation? I'm just trying to understand.
- Anne Lopez
Person
That's true. He was mumbling that the care like a caretaker is not something that the de herd policy would permit. That we do follow that policy. And I'd like to say that all of our deputies who do remote work have completed their training for that. So we have 100% compliance.
- Anne Lopez
Person
So but each person is, is going to be different. And the reason many of our deputies questioning that.
- Donna Kim
Legislator
I know she, it's her question. I just want to make sure that when you see a reasonable accommodation that it doesn't violate what the policy is because I've had situations at the University and others that they have made exceptions and they have allowed caretaking, and then other people have complained about it.
- Donna Kim
Legislator
So I'm just wanting to know what that meant by reasonable accommodation.
- Matthew Devon
Person
Yeah. So, Senator, when we say. When we say reasonable accommodation, we mean under the law, when people have a disability, they're entitled to a reasonable accommodation to perform their work. And we have to grant that.
- Matthew Devon
Person
Right. And it's. Yeah. Nobody's doing telework to do caregiving. Yeah. Or child care or anything like that.
- Anne Lopez
Person
One question on the legal. Can I. Let me. I want to finish this because, you know, a lot of work that lawyers do is incredibly boring. And it's sitting there reading contracts. It's, you know, going through materials. So it's not necessarily necessary for them to be sitting in their office doing that.
- Anne Lopez
Person
It is one of the important things that we can use to draw deputies to work for our Department. In private practice, it is common for attorneys to have home offices or be able to work. We can work wherever we are. If I'm on a business trip, I can work from my hotel room.
- Anne Lopez
Person
So that's part of the reason nobody is permitted to unless there's, like, the reasonable accommodation they work. It's a maximum of three days.
- Anne Lopez
Person
We have one person at five. I think. Those are all. Doing half days, right?
- Matthew Devon
Person
Yes, some of them are partial days, but they add up to three work days. But they could be.
- Matthew Devon
Person
No, but when you do the week. Right. When you talk about the hours. So they. It can be five days, but they're partially in the office and partially teleworking.
- Matthew Devon
Person
So why not just put half. We can try to do that next year. We will do that next year.
- Anne Lopez
Person
I'm not sure if you heard that explanation. So somebody might be working in the morning at home and then coming into the office looking at what you gave. Right, right. So if we need to make it.
- Donna Kim
Legislator
Reason for telework, please don't put the same thing for every single one, because that position is eligible. We know that. You need to tell us what. What they're doing and why they can work at home.
- Anne Lopez
Person
Well, for most of the deputies, I think the answer is generally the same. It is. It is an important tool for us to use to retain and. Well, to retain attorneys.
- Donna Kim
Legislator
They do billing. They pay their employee attorneys based on how Many hours they bill.
- Anne Lopez
Person
Exactly. And during, let me just say during remote work, each of those deputies completes a timesheet every time they work. And they're super. One of the more.
- Anne Lopez
Person
They're doing the same kind of timesheet and 15 minute. I don't think they're 15 minutes.
- Matthew Devon
Person
Yeah, I think, I think if I recall, we shared redacted copies of timesheets with you maybe one or two years ago and I think it was in 15 minute increments generally. But they're pages and pages and they have to submit them every week.
- Brandon Kinoshita
Person
Senator Kim, to your point about the private sector and you know, needing to keep track of billable hours for billing, as mentioned earlier, when we have MOUs with certain client agencies that are special funded, so you know, the ADC, the HCDA, HHFDC, et cetera, they do need.
- Brandon Kinoshita
Person
We do send those clients the billing sheet for the hours for the attorney. So in those situations, whether those attorneys are working in the office or they're teleworking, there is an accounting of their time so that the client is paying client.
- Donovan Dela Cruz
Legislator
And I'll say just the billing is not all the time. Correct.
- Matthew Devon
Person
And I'll say that on the supervisors are monitoring their deputies and reviewing their timesheets. And there have been several instances where the supervisors have approached me because they felt like the deputy could not do their. Their work during telework. And we yank it, we tell them they have to come back into the office.
- Samantha DeCorte
Legislator
So are these positions that are teleworking, are they managing other workers that are.
- Matthew Devon
Person
In person for the most part not. I will say that there's a small handful, some of them maybe have reasonable accommodations that do supervise others.
- Samantha DeCorte
Legislator
Yeah, I think. And that's great. Thank you. I think that maybe making that more specific in the columns would helpful part time, full time, whether it's consecutive hours that total up to a day, I think those are important and I think just simply saying reasonable accommodations and we leave it at that is pretty self explanatory.
- Samantha DeCorte
Legislator
But if you could give us a little bit more context, I think that that would be helpful. Thank you.
Bill Not Specified at this Time Code
Next bill discussion:Â Â January 9, 2026
Previous bill discussion:Â Â January 8, 2026
Speakers
State Agency Representative