A County Council panel Tuesday combed most of the snarls out of a sweeping emergency management bill, but remained stymied on a clause allowing the suspension of electronic media during a crisis.
The Committee on Parks and Recreation and Public Safety forwarded Bill 195 to the council on an 8-0 vote after passing three amendments to clarify the language.
But the clause giving the mayor the power to, “suspend electronic media transmission,” “to the extent permitted by or under Federal law” under a declared emergency remained in the bill after council members couldn’t agree on a proposed substitute.
Nor was there clear agreement on what that language was intended to do, as it was copied from the state law that required the counties to set up their own laws implementing the state law.
Puna Councilwoman Ashley Kierkiewicz, who had worked with the county Civil Defense Agency to draft the bill, envisioned suspension of electronic media as a very short-term action, or as she termed it, “a reboot.”
But Civil Defense Administrator Talmadge Magno had a different interpretation, saying the wording would allow the mayor “to stop communications” if the message was incorrect, as it sometimes has been in prior emergencies.
An amendment that would instead allow the mayor to “deploy all resources to ensure electronic media transmission infrastructure is operational,” was withdrawn by Kierkiewicz, who said she’d bring a substitute amendment to the council when it next visits the bill.
“We are promoting communication, which is key during any emergency,” Magno said.
Barry Periatt, Civil Defense administrative officer, said his conversations with the state indicated that the intent of the language wasn’t to suspend communications but to be able to provide communications.
That’s why the latest amendment offered that language.
“To deploy all resources — that’s your job,” Hilo Councilman Aaron Chung countered. “The whole section seems to be things you could do to limit or get control of the situation. … These are two different things. One is a limiting power and one is to do what you’re already doing.”
Magno said adding the new language could pave the way for emergency procurement to get communication out during a crisis.
Successful amendments changed the definition of civil disturbance to track with the Federal Emergency Management Agency’s definition, clarified that a warning point is a division within Civil Defense and made other corrections and clarifications.
The new warning point division in Civil Defense would take over duties currently performed during civil emergencies by Hawaii Police Department dispatchers. Operations of the 24/7 division would require 10 new employees working
two to a shift, Magno said.
He estimated an operating cost of $427,000 annually, which could come from FEMA and Homeland Security grants.
That pleased Council Chairwoman Maile David, who represents South Kona and Ka‘u.
“I think that is one of the biggest concerns and biggest accomplishment this amendment will have on this county,” David said. “I think it makes so much sense to have a division that is dedicated in the Civil Defense Department.”
Email Nancy Cook Lauer at ncook-lauer@westhawaiitoday.com.
