Building code approved illegally?

By NANCY COOK LAUER

Stephens Media

The state Office of Information Practices is investigating whether the Hawaii County Council violated the Sunshine Law when it approved a new building code without providing advance copies of the changes to the public.

In a letter Thursday to Council Chairman Dominic Yagong, OIP staff attorney Linden Joesting asked for a copy of Bill 270, along with “any relevant communications” and a copy of the Feb. 1 agenda where the bill was approved.

The complaint was filed by Ken Long, a retired fire protection engineer from San Francisco who has been pushing for amendments to the code. Long and several Puna residents, including former Puna Councilwoman Emily Naeole’s legislative aide R.J. Hampton, say the council didn’t provide copies of amendments to the code and didn’t have the proposed code in the proper format, so the public could see what’s changing.

Long had paid $140 for a copy of the International Building Code, which formed the basis of the county code, and had tried to track the county’s changes. He said the county version is not cross-referenced and is replete with errors and misspellings, making comparison difficult.

“It was just literally impossible for the general public to find out what they were doing and how they were doing it,” Long told West Hawaii Today. “They really hid it and I think it was intentional; some of the changes were major.”

The building code went through its final reading on its seventh draft Feb. 1 and was approved after North Kona Councilman Angel Pilago used a parliamentary move known as “calling for the question,” which put an immediate end to debate and forced a vote.

“After many hours of public testimony the County Council needed longer than 5 minutes to vet the communities’ concern,” Long said in his complaint.

He also said the Clerk’s Office did not provide communications on the agenda that were associated with the most recent changes to the bill, so the public could not tell what was being amended.

The 7-2 vote came only after a dozen police officers swarmed into the chambers to evict a rowdy crowd chanting “kill this bill.” Hampton was among those creating the ruckus, standing up during her testimony and pointing to Puna Councilman Fred Blas as a “cancer.”

“I’m pleased as punch that at least someone is looking at our situation,” Hampton said Monday.

Yagong had joined South Kona Councilwoman Brenda Ford in opposing the bill. He said Monday that he had hoped the bill would have been postponed.

“There were some members of the public who wanted to make amendments,” Yagong said. “(Pilago’s call for the question) was unexpected, but it is also part of parliamentary procedure and perfectly legal.”

Yagong noted that a good portion of the OIP complaint dealt with problems with the bill as it was presented by the Department of Public Works. DPW Director Warren Lee couldn’t be reached for comment Monday.

Yagong said the council has “bent over backwards” giving the public plenty of opportunity to comment on the building code and propose changes but he thinks the uproar at the Feb. 1 meeting tried many council members’ patience, even if the public does have the right to provide input.

“I’m sure some of the council members did not appreciate it,” Yagong said. “Maybe that didn’t help the cause.”

Joesting said Monday that the OIP will continue looking into the complaint.

“We’re just waiting for (Yagong’s) response as well as whatever else Mr. Long might send,” she said.

Email Nancy Cook Lauer at ncook-lauer@westhawaiitoday.com.