A bill is in the works to strengthen and align local emergency powers more closely to those of the state during declared emergencies.
Bill 195, likely to be taken up in a County Council committee next week, was sponsored by Puna Councilwoman Ashley Kierkiewicz. She said her work in the community during the 2018 Kilauea eruption and then the coronavirus pandemic gave her a “passion for emergency preparedness and response.”
Kierkiewicz worked with Civil Defense and Corporation Counsel to draft the measure, which also requires the county to prepare and update emergency management plans.
“Our island has experienced numerous disasters in recent years — lava flows, hurricanes, fires — and there are lessons learned that the county can build off of to inform future responses,” she said.
But one provision has raised eyebrows for some in the media, including prominent Honolulu First Amendment attorney Jeffrey Portnoy.
Under additional powers the mayor may exercise during a declared emergency is the power to, “suspend electronic media transmission,” “to the extent permitted by or under Federal law.”
Attorneys contacted by the newspaper said the referenced part of state law is in the context of utilities such as water, gas and electricity, and it’s unclear why this particular provision is included, unless it refers to internet service. Kierkiewicz said the measure could include local broadcast as well as internet media, and is an additional emergency power granted to county mayors via HRS 127A-13.
“There would have to be significant justification and massive coordination with federal and state agencies and our Corporation Counsel to necessitate such an action,” Kierkiewicz added.
That doesn’t assuage Portnoy’s discomfort with the premise.
“Taken at face value, it’s pretty draconian — and unconstitutional,” Portnoy said. “We’re not under martial law. … It’s a provision you would find in China or Iran or Turkey.”
In general, Portnoy added, “at a time of crisis the last thing you’d want to do is cut off information to the public.”
The bill sets out to clarify the duties and responsibilities of the county’s emergency management agency while retaining its title of Civil Defense Agency, set forth the authority and responsibilities of local government and align with the powers conferred upon local government by state law. In addition, it will provide for coordination of activities relating to mitigation, preparedness, response and recovery among county agencies and officials as well as state and federal governments and other private and quasi-official organizations, the bill states.
It renames the title of the code where emergency management activities are described, but, unlike a move at the state level, won’t change the name of the agency.
“While the proposed new title of Chapter 7 is ‘Disaster and Emergency Management,’ which more accurately reflects the duties and functions of Civil Defense – the name of the Agency will remain as it is so well known by community,” said Kierkiewicz.
