Constitutional questions around suspension of electronic media coverage and what constitutes a civil disturbance had a County Council panel on Tuesday postpone a sweeping emergency management bill so it could be clarified.
Bill 195 aims to define the duties and responsibilities of the county Civil Defense Agency and the mayor’s authority and responsibility, while providing for coordination of mitigation, preparedness, response and recovery among county agencies and officials as well as state and federal governments and other private and quasi-official organizations.
Members of the council Committee on Parks and Recreation and Public Safety by and large praised the bill for being comprehensive and a necessary update of a part of county code last updated in the 1980s. The state law underwent a comprehensive update in 2017.
But a clause giving the mayor the power to, “suspend electronic media transmission,” “to the extent permitted by or under Federal law” under a declared emergency raised a number of questions, as did an introductory clause including “civil disturbances” as cause for emergency actions.
Puna Councilwoman Ashley Kierkiewicz, who drafted the bill with input from Civil Defense and Corporation Counsel, asked that the bill be held in committee in order for her to present amendments when it comes back on Sept. 6.
“We will take everything under advisement,” Kierkiewicz said, adding that council members and testifiers offered “really constructive comments.”
Among those testifying was Dane duPont, administrator for Hawaii Tracker, a website providing volcano and storm updates for the Big Island that was very active during the 2018 Kilauea eruption.
He said he realizes the county is just following the state law, but said the state made a mistake including the suspension of electronic media in its bill. Hawaii is the only state that has such language, he said.
“Ninety-nine percent of this bill I specifically support,” duPont said, expanding on the part that bothered him.
“Even if it is deemed unconstitutional, the impacts will be felt … and then later it will be, ‘Oh yeah I screwed up.’ We shouldn’t be a test case.”
Kierkiewicz envisioned suspension of electronic media as a very short-term action, or as she termed it, “a reboot.”
“This really has to do with stabilizing the infrastructure,” she said.
Kona Councilwoman Rebecca Villegas said she was hearing from constituents concerned about the use of the word “civil disturbance.”
She said she also has concerns about applying this term, which is not defined in the bill, to protest actions such as happened on Mauna Kea in opposition to the construction of the Thirty Meter Telescope.
“This is not really serving the people who may find themselves in civil disturbance and civil disobedience … when it comes to something they hold dear,” she said.
The state law refers to “man-made hazards,” said Deputy Corporation Counsel Cody Frenz.
Questioned about Civil Defense’s role in emergencies, whether natural or man-made, Administrator Talmadge Magno empathized that various county departments had responsibility and authority within their areas of expertise, under the mayor’s authority, while Civil Defense is a coordinating institution.
“We are a coordinating agency,” he said. “Other departments have the authority to act on their responsibilities.”
Magno praised the bill.
“I think it puts us in a good light, meeting the federal standards,” Magno said.
“If we follow this sort of road map with this plan, I think we will be successful.”
