STATE OF HAWAII
BOARD OF EDUCATION
SPECIAL MEETING
MINUTES
Thursday, January 14, 2021
*The Board did not meet at a physical location. As part of the response to the threat of COVID-19, Governor David Ige issued a Seventeenth Supplementary Proclamation dated December 16, 2020, suspending Hawaii Revised Statutes Chapter 92, Public Agency Meetings and Records, to the extent necessary to enable boards as defined in Section 92-2, to conduct meetings without any board members or members of the public physically present in the same location, among other things.
PRESENT:
Catherine Payne, Chairperson
Kaimana Barcarse
Margaret Cox
Lynn Fallin
Kili Namauʻu
Bruce Voss
Hunter Harris (student representative)
Colonel Sharon Stehlik (military representative)
EXCUSED:
Kenneth Uemura, Vice Chairperson
Shanty Asher
Dwight Takeno
ALSO PRESENT:
Christina Kishimoto, Superintendent
Randall Tanaka, Assistant Superintendent of the Office of Facilities Operations
Mallory Fujitani, Special Assistant to the State Librarian
Alison Kunishige, Executive Director
Kenyon Tam, Board Analyst
Regina Pascua, Executive Secretary
Lady Garrett, Secretary
- Call to Order
Board of Education (“Board”) Chairperson Catherine Payne called the Board of Education Special Meeting to order at 9:31 a.m.
II. Action Items
- Board Action on petition of Sunny Unga, Petition No. 20-01 proposing the adoption of a new administrative rule
Board Chairperson Payne called for public testimony on this agenda item.
Board Member Lynn Fallin entered the meeting at 9:34 a.m.
Joshua Kaina, Kahuku Community Association, testified in support of Petition No. 20-01 proposing the adoption of a new administrative rule. He expressed support for the petition because of industrial activities or developments in close proximity to schools and stated that this proposal would empower the community to be involved.
Sunny Unga, member of the public, testified in support of Petition No. 20-01 proposing the adoption of a new administrative rule. She expressed concern about the proximity of the turbines to schools, the detrimental impact on the learning environment on campus, and the absence of a process for a parent or the community to raise concerns with the school, complex area superintendent, and Board.
Henry Curtis, Life of the Land, Executive Director, testified in support of Petition No. 20-01 proposing the adoption of a new administrative rule. He stated that prior informed consent leads to better projects in communities and the conflict in Kahuku arose because there was no prior discussion and consent.
Ina Taea, member of the public, testified in support of Petition No. 20-01 proposing the adoption of a new administrative rule. She stated she is appalled that children are not being protected, asked that the Board consider what has happened to the community, and challenged everyone to see the Kahuku wind turbines in person.
Susan Pcola-Davis, member of the public, testified in support of Petition No. 20-01 proposing the adoption of a new administrative rule. She stated that there could be similar issues affecting other schools and community members and that the issue can be resolved by having the Board as an advocate for school communities.
KC Kathleen Connors, member of the public, testified in support of Petition No. 20-01 proposing the adoption of a new administrative rule. She stated that she is a teacher in Kahuku, that there needs to be prior consent before huge industrial projects come into the community, and that she does not feel safe given the potential for incidents relating to fires and blade throw where turbine blades can come off.
Ryan Hurley, member of the public, in testified support of Petition No. 20-01 proposing the adoption of a new administrative rule. He disclosed that he is an environmental and energy law attorney, that the Board is trying interpret the proposed administrative rule as the Department of Education (“Department”) getting involved in land use issues, but that the issue is about environmental impact law and public comments.
After the completion of public testimony on this agenda item, Board Chairperson Payne reviewed Petition No. 20-01 proposing the adoption of a new administrative rule. She stated that the Board is reconsidering the petition pursuant to the settlement terms in Unga v. Board of Education, et.al.
Board Member Bruce Voss moved to deny Petition No. 20-01 for the reasons stated within Board Chairperson Payne’s memorandum dated January 14, 2021. Board Member Kaimana Barcarse seconded.
Board Member Voss stated that he has significant concerns regarding the way the proposed rule is drafted. He stated that when comments are requested for a proposed project, a letter is sent to the Department asking about issues relating to the capacity of schools and districts in the development areas. He suggested that the Department develop a process posted online for the public to access any of the requests for comments sent to the Department and provide an opportunity for the public to share their comments.
Randall Tanaka, Assistant Superintendent, Office of Facilities and Operations replied that the Department will work on this request.
Board Member Voss stated that the Department should then forward this public input to various land use agencies along with its responses.
Board Member Barcarse expressed his support for Board Member Voss’s suggestion and stated that the proposed administrative rule is not the proper way to gather public input.
Board Member Margaret Cox expressed support for Board Member Voss’s suggestion because if the Department says it wants feedback from parents, then parents need to feel welcomed to provide this feedback.
Board Member Kili Namau‘u stated that she is hopeful that the Department will create something that helps the public share its concerns.
Board Member Cox requested a definite date by which the Department will report back to the Board on this process.
Board Member Voss clarified that the expectation is for the Department to develop a dedicated webpage on its website that is easy to navigate and allows the public to submit comments, similar to what is done for Board meetings.
Christina Kishimoto, Superintendent, stated that steps can be taken to facilitate parent voice related to matters impacting our schools and that the Department will take a look at appropriate ways to gather parent feedback and respond to the Board. Board Chairperson Payne stated that the Department’s comments on proposed projects should reflect parent feedback.
Colonel Stelhik stated that this would be a transparent process for parents to express concerns.
Board Chairperson Payne stated that the proposed rule includes libraries and the State Librarian has provided comments. Mallory Fujitani, State Librarian
Special Assistant, stated that libraries are in agreement to give the community an opportunity to provide input.
Board Chairperson Payne called for a roll call vote on the amended main motion. The motion carried unanimously with all members present voting aye (Board Members Barcarse, Cox, Fallin, Namauʻu, and Voss).
ACTION: Motion to deny Petition No. 20-01 for the reasons stated within Board Chairperson Payne’s memorandum dated January 14, 2021 (Voss/Barcarse). The motion carried unanimously with all members present voting aye.
III. Late Public Testimony on Board Agenda Items
Board Chairperson Payne called for public testimony from any individuals who did not have an opportunity to testify on earlier agenda items.
Henry Curtis, Life of the Land, Executive Director, testified in support of Petition No. 20-01 proposing the adoption of a new administrative rule. He stated that the Board misunderstood the petition, which does not ask the Board to get involved in land use issues.
Board members received written testimony before the meeting. The following is a listing of the people who submitted written testimony before the meeting.
Name | Organization | Agenda Item |
| Patricia Greene | | II.A. Board Action on petition of Sunny Unga, Petition No. 20-01 proposing the adoption of a new administrative rule |
| Jaimie Dela Cruz | | II.A. Board Action on petition of Sunny Unga, Petition No. 20-01 proposing the adoption of a new administrative rule |
| Joshua Kaina | | II.A. Board Action on petition of Sunny Unga, Petition No. 20-01 proposing the adoption of a new administrative rule |
| Jessica dos Santos | | II.A. Board Action on petition of Sunny Unga, Petition No. 20-01 proposing the adoption of a new administrative rule |
| Marie Tejada | Kahuku Community Association | II.A. Board Action on petition of Sunny Unga, Petition No. 20-01 proposing the adoption of a new administrative rule |
| Sunny Unga | | II.A. Board Action on petition of Sunny Unga, Petition No. 20-01 proposing the adoption of a new administrative rule |
| Dawn Bruns | | II.A. Board Action on petition of Sunny Unga, Petition No. 20-01 proposing the adoption of a new administrative rule |
| Susan Pcola-Davis | | II.A. Board Action on petition of Sunny Unga, Petition No. 20-01 proposing the adoption of a new administrative rule |
IV. Adjournment
Board Chairperson Payne adjourned the meeting at 10:13 a.m.