Musings: Council Punts 2491

The Kauai County Council moved into uncharted waters today, recessing its meeting when it became clear the votes were not there to override the mayor's veto of pesticide/GMO Bill 2491.

In what Councilman Tim Bynum termed “a desperation move” to save the bill, the Council recessed until Saturday, giving bill supporters a chance to appoint a seventh member tomorrow who will vote their way. A veto override requires five votes, and the Council is down one member since Nadine Nakamura left to become Mayor Bernard Carvalho's top aide.

The abrupt about-face came after a Council majority decided last week to vote on the veto bill with just six members. 

Councilman Mel Rapozo said he felt the selection shouldn't be driven solely by the candidate's stance on 2491 “and obviously that's what's going to happen. Unfortunately, if someone is opposed to 2491 they won't get consideration for this seventh seat.”

Councilwoman JoAnn Yukimura, who previously said she would be “horrified” to use Bill 2491 as a litmus test for candidates, said perhaps they could interview candidates without bringing it up. But Councilman Gary Hooser already has been polling candidates for their stand on the bill he sponsored.

Gary orchestrated the unusual procedural maneuver once it became clear that Councilman Ross Kagawa, the swing vote, would not support a veto override.

Though Gary previously has cited the bill's urgency, tonight he was calling to slow things down. “A decision of this magnitude I believe warrants the time it takes to make a decision properly.” He said a delay until early next week would allow the Council to consider a seventh member “and talk to the governor and Department of Agriculture to see how serious they are about these issues. We could take the time we need to talk to these decision makers.”

Ross, who puzzled many by speaking against the bill from the onset, but voting for it twice, gave a lengthy statement explaining his moves. He said the 18-hour meeting that led to a 3:30 a.m. vote on the bill was a “grueling process. We rushed through a lot of amendments and we should have taken our time. And now look, where are we? Addressing a veto.”

Ross said the mayor had promised he wouldn't veto the bill if his request for a one-month deferral was granted, “but we got excited and shot it down.” He said he had talked with a lot of people and “the community is definitely split on this issue. There is no doubt for me that many more of the people I talk to are against the bill because they believe the state can and should have oversight."

Ross also revealed that when he was living in Waimea Valley, his one-year-old daughter suffered seizures, though the cause was unclear, and “one time we almost lost her.” He said testimony given by westside parents whose children are suffering medical problems that could be due to pesticide exposure was “absolutely gut-wrenching and something needs to be done. But I don't believe this bill will prevent them [the pesticide operations] from continuing. If it's tied up in court, how will the situation get better?”

Ross said he would instead work with the state and Mel, who also opposed the bill, “in getting some answers to those families that are suffering.”

Jay has been trying desperately to get the bill out of the Council, where it has eclipsed all other issues. Though he drove it to a vote after the 18-hour meeting, it bounced back under the mayor's veto. Gary warned in today's meeting that the issue won't go away, even if the veto isn't overridden.

The Council will begin considering a new member tomorrow. Some 20 to 30 candidates reportedly have expressed interest, but Jay has not released the list to the public. It's confirmed that Jan TenBruggencate, Mason Chock and Fern Rosenstiel were nominated. Former Councilmembers Kaipo Asing, Dickie Chang and KipuKai Kualii submitted their own names, along with Pat Gegen, Jimmy Trujillo and Felicia Cowden.

Four Council members must vote to approve a candidate, who could be sworn in as early as tomorrow afternoon in order to attend Saturday morning's meeting. If the Council deadlocks, the mayor will choose a replacement.

If the veto is overridden, both Jay and JoAnn said the bill should go to court for a ruling. Jay said the county might use the pro bono legal services offered by Center for Food Safety and Earthjustice attorneys.