Calvin Say in deep musubi on conflict charges
By David Shapiro
Pacific Business News had a fascinating story Nov. 13 about allegations of a conflict of interest by House Speaker Calvin Say on a bill he had passed to benefit a company in which he has a financial interest.
House Bill 1593, introduced by Say and approved by the full House 43 to 7, essentially requires Massachusetts-based HRPT Properties Trust to provide more favorable leases to tenants of a Mapunapuna building HRPT acquired from the Damon Estate.
Among the tenants benefiting is Warabeya U.S.A., Inc., which uses the property for its musubi-manufacturing subsidiary Tokyo Bento Nichiyo. Say is an officer of Warabeya and is paid $1,000 a month.
HRPT has sued the state in federal court, contending the measure is unconstitutional because of its alleged narrow application to HRPT and its interference with private contract negotiations. HRPT's motion for summary judgment is scheduled to be heard Dec. 7.
The company raised the conflict-of-interest allegations against Say in a footnote contending that he introduced the measure and voted on it without disclosing his personal interest, possibly in violation of House rules.
Say told PBN it wasn't a conflict because "this was a class of lessees throughout the state."
The speaker also said, “I’m just an officer in title. I’m not there for any daily operations.”
The "no" votes on the bill were mostly dissident Democrats who have opposed Say's leadership.
Volcanic Ash
November 24th, 2009 at 7:52 am
Rationalization as usual in Hawai'i!
November 24th, 2009 at 8:24 am
Without speaking on the conflict issue, isnt this lawsuit premature, at best? The bill only passed the House. While its certainly still alive this next session, I dont see what judicial relief a court could offer on something that is not a law. Some lawyer said "Lets go sue the State for a concept!" Huh?
November 24th, 2009 at 9:07 am
hipoli, sorry, I neglected to note that a virtually identical Senate companion bill (SB764) passed both houses and became law, so there is actual law to sue over.
November 24th, 2009 at 10:43 am
And that one was introduced by Chun Okland, of father-in-law fame. So....what? I dont get the company's beef here. Speaker introduced a bill -- B.F.D.
November 24th, 2009 at 11:15 am
hipoli, the lawsuit is over the constitutionality of the Legislature interfering in private contract negotiations. Say's alleged conflict isn't the legal basis of the suit, only a footnote in the pleadings. I'm not opining on the legal merits. I just liked the part where he said it's not a conflict because he's only an officer and isn't out on the floor rolling musubi.
November 24th, 2009 at 2:25 pm
More proof that wholesale change of our elected officials is needed.
Aloha,
Keahi
November 24th, 2009 at 4:43 pm
if i didn't read about it here on dave's blog,wouldn't have found out about it.wonder if HA printed the story in the news section back when PBN first reported on it.it's good to keep people informed about things like this.and i hope any judgement in the lawsuit goes in HRPT Properties Trust's favor.they have a good case.and calvin say will just keep getting re-elected.
November 24th, 2009 at 5:28 pm
I got so damn sick of Say's sign waving when I drove down 10th ave in Palolo on my way to work. I ended up taking 9th and bearing Waialae traffic just to avoid him, and the dreaded 11th and Harding sign waving headquarters during election time.
November 24th, 2009 at 7:37 pm
Believe Say has a defense - this law applies to many other lessees other than Say's company. Although listed as an officer, being paid $12,000 a year clearly shows that his works only part-time, more like a director. Come-on, no working officer of a company would work for such meager wages full-time. If this law only benefitted his company, then there clearly is a conflict. Remember, this is a small town, if legislators are held to such manini conflicts of interest, then most legislatures should not be there. Again, another molehill which one attempts to make a mountain out of.
November 24th, 2009 at 9:29 pm
The key is disclosure. Yes, it is a small town and real and perceived conflicts abound. That said, did the speaker ask for a conflict ruling on the House floor when the bill came up for a vote?
November 24th, 2009 at 11:20 pm
Charles, according to PBN he did not disclose the possible conflict or ask for a ruling.
Observer, without disclosure, he leaves himself open to concerns that the payment he receives is to take care of problems like these for them, which is not a manini concern.
November 25th, 2009 at 8:50 am
China just excecuted 2 goverment employees for the milk contamination fiasco that costs lives and made hundreds of thousands sick.
How do we punish our government employees again - if convicted of course?
November 25th, 2009 at 9:18 am
Nobody's died over this, MobBob. Keep it down about executions, okay dude?
November 25th, 2009 at 11:57 pm
What irks me is that Say worries little about the appearance of impropriety. That $1,000/mo. he gets is simply a retainer to compensate him for using his influence throughout the State government in the company's behalf. Apparently, he thinks he's above the laws (rules?) that bind others. It's an ego thing...”I’m Speaker of the House”...woooooo...”I can do anything I want.” Nice sense of morality. He used to "volunteer" to work at the Kaimuki Kanekapila each year. He never did a lick of work; he'd just walk around wearing the event t-shirt and shake hands. This may be a manini issue, but it further seals my view of him as a person of questionable character.