Pot-ay-to, Po-tah-to
July 3rd, 2009 by Derrick DePledgeDemocrats and Republicans saw yesterday's Circuit Court ruling on Gov. Linda Lingle's furlough plans differently.
Brian Schatz, the chairman of the Democratic Party of Hawaii, called for a new round of contract negotiations.
State House Minority Leader Lynn Finnegan, R-32nd (Lower Pearlridge, `Aiea, Hälawa), suggested that the only alternative now is layoffs.
From Schatz:
The Governor was trying to take a shortcut, and when it comes to the law, shortcuts don’t work.
Judge Sakamoto today confirmed that no one is above the law. Hawaii law clearly requires collective bargaining, so this wasn’t a close call from a legal standpoint.
Now it’s time to sit down and get realistic and devise a plan, not a news release or a legal counterattack. The unions have expressed a willingness to take some pain, and the legislative leadership is suggesting a possible path. Hawaii needs the Governor to help lead us out of this impasse, and she can start with a practical and private negotiation about what comes next.
From Finnegan:
It is ironic that the Court’s decision comes on the same day that national unemployment numbers have hit a 30-year high. The Governor’s plan addressed our State’s deficit while keeping people in their jobs.
In similar cases, other state courts have sided with their Governor's ability to furlough in order to address a large budget shortfall. Without the furlough option or an appeal by the State, the only other decision is to move forward with layoffs.
Unfortunately, history shows that layoffs under collective bargaining procedures cause major disruption in services, are difficult and very slow to implement, and achieve less than expected savings. This was the case during Gov. Cayetano's administration.



July 3rd, 2009 at 9:02 am
Finnegan's comments are mystifying. To compare court rulings in other states is legally suspect, intellectually dubious and plain goofy. These are state, not federal courts. As such, state courts rule on state laws and state constitutions.
Finnegan may want to look at collective bargaining laws and constitutions in other states. She will quickly find out that the language varies wildly and no one should be shocked that a Hawaii state judge basing a decision on the Hawaii state constitution wouldn't follow what happened in, say, California.
Lastly, to proclaim that the only option left is layoffs is a political not a policy statement.
July 3rd, 2009 at 1:19 pm
Schatz one, Finnegan zero
July 3rd, 2009 at 1:25 pm
Too bad Finnegan feels compelled to chant the "it's my way or the highway" mantra. It gives cyncial people reason to write her off as a pretty face with an empty head. Perhaps she should have suggested negotiating furloughs back in January when there would have been time. Emergencies created by inaction are not emergencies at all, just excuses.
July 4th, 2009 at 2:39 pm
" It does not take a weatherman to know which way the wind blows "
If you wanted and voted for change, and now that you have it , you are saying, " Hay, what happened "
We are like a small busines and have to look out for our industry here in Hawaii.
The difference between Finnegan and Schatz is prespective. Mr. Schatz looks to the futrue and says " Take some pain " without taking responsability.
There is examples of bad management and what it takes to come out a better state.
When a hurcane is blowing at the door, if you dont have a plan in place it is too late to go the the hardware store.
July 5th, 2009 at 7:51 am
I commend Lingle on her efforts. If you have been in any state offices lately, they need to work a little harder for their buck!!!No one is addressing the corrupt attorneys in hnl stealing oahu and maui homes using non judicial foreclosures. I sent a letter to Rep Angus Mckelvey about this and got no response. I guess when he doesn't have any constituents because they have all lost their homes, maybe then he'll think about doing something. Lets not return this loser back to Hnl!
July 6th, 2009 at 10:45 pm
This is a time when demand for state services are high, and as the recession continues, the demand will get higher. This is the wrong time to layoff state workers. Laying off state workers, or cutting pay is going to hurt businesses statewide. Cut state workers income and they will have to spend less, further deepening the recession.
If the Lingle administration tries to balance the state budget on the backs of the poor, that will be very cruel. Perhaps to be expected from a Republican administration, but cruel. Lingle was talking about stopping adult dentistry services. If you ever have had a toothache, then you can start to imagine how cruel that is.
July 7th, 2009 at 7:49 am
When Finnegan speaks of "other states", It reinforces the impression Lingle is consciously following Schwartzenegger's disastrous approach in California.
There is nothing "conservative" or "responsible" about destroying California's world-class university system while cutting taxes on cars!
Hawaii is awash with wealthy people buying up our best real estate as second or third homes, leaving them vacant for much of the year--while others are being foreclosed upon, schools are underfunded and social services are slashed.
How blatant must the gap between the rich and the poor be before we open up to the idea of restoring some social balance, some social equality and return to progressive taxation?
Instead, Lingle attacks the unions which have enabled working people to have some job security, decent benefits and a middle class standard of living. As the recession deepens, the stable wages and benefits of union jobs will dampen it's severity, providing purchasing power for consumers which short-sighted Republicans would foolishly destroy, rather than tax those with the means to pay.
July 7th, 2009 at 9:23 am
As a resident of Aiea and my representative being Finnegan I am very disturbed that she would lack the ability to understand due process and that Lingle over stepped her boundaries when forcefully implementing furloughs without union negotiations. I'll be looking towards another representative this time around.