Kurt Fevella is a Hawaii Senator, at this time the sole Republican in the Hawaii State Senate. He has sued in First Circuit Court to have the court rule on whether HART needs six or eight voting members to (1) constitute a quorum (the number of board members necessary to have a valid meeting), and (2) pass a motion.
In August, we wrote about some difficulty HART was having in mustering a quorum and gathering the necessary votes to get things passed. The problem came up as an unintended side effect of 2017 bailout legislation that empowered the Speaker of the House and the President of the Senate to each appoint two non-voting members to the HART governing board, whether or not the rest of HART wanted them there. It turned out that a Neighborhood Board quorum and voting provision that was incorporated by reference appeared to require eight “yes” votes for anything to pass, although there were only nine voting members.
An eight “yes” voting requirement made it tough to get anything done, especially when voting members who weren’t able to show up were deemed to be voting “no.”
In July, when Hoyt Zia took the chair of HART, he announced that things would be changing. Six votes would be enough, just as it was prior to the 2017 bailout.
That is the decision that Senator Fevella is challenging.
In this case, the Foundation was granted Intervener status, which means it has the same rights as a party to the suit and is not simply an amicus curiae.
However, the good Senator decided to drop the case, and agreed with all parties to let the case go.
Documents in the Circuit Court of the First Circuit
- Complaint (by Sen. Fevella)
- Foundation’s Motion to Intervene
- ORDER Granting Foundation’s Motion to Intervene
- Foundation’s Answer to Complaint
- HART’s Motion to Dismiss and Appendices
- Foundation’s Memorandum in Opposition to Motion to Dismiss and Exhibit 1
- Foundation’s Motion for Summary Judgment Exhibits 1, 2, 3
- STIPULATION to Dismiss Case Without Prejudice