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The Honolulu Advertiser
Posted on: Wednesday, April 18, 2007

Governor denounces hearings on DNLR director

 • PDF Transcript of News Conference on DLNR Director Peter Young Reconfirmation

By Derrick DePledge
Advertiser Government Writer

Peter Young

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Gov. Linda Lingle yesterday ripped the state Senate's confirmation hearings on Peter Young as director of the state Department of Land and Natural Resources, alleging senators have created an impossible standard whereby her directors must please all workers in their departments or all interest groups to be acceptable.

"The average person that has watched this hearing is disgusted by the whole process," Lingle said.

The governor also criticized the Senate panel reviewing Young for taking testimony under subpoena yesterday from William McCorriston, attorney for retired auto dealer Jimmy Pflueger. Pflueger, who owns property around Kaloko dam on Kaua'i, has sued the state and private companies, alleging lack of oversight. The dam was breached last year, killing seven people.

Lingle asked if she could testify yesterday morning before the Senate Water, Land, Agriculture and Hawaiian Affairs Committee. But state Sen. Russell Kokubun, D-2nd (S. Hilo, Puna, Ka'u), committee chairman, rejected her request, saying public testimony was closed.

The Republican governor told reporters that senators — regarding Young and in other confirmation hearings this session — have elevated complaints of department workers and some interest groups even when directors had received overwhelming public support. She also accused senators of having their minds made up about Young before hearings began.

"It's almost as if 'We've decided in advance we want to take you down, and now we're looking for ways to do that,' " the governor said.

Lingle said it is appropriate for senators to question Young about Kaloko. "But I object to this calling in the attorney for the person who many believe is responsible for the breach of that dam (or who), I think, at least, shares responsibility," she said.

State Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha), disputed Lingle's description. "I believe the Senate has been fair," she said. "Advise and consent is a constitutional mandate. It was not meant for the Senate to rubber-stamp nominees."

McCorriston told senators the department had failed to inspect Kaloko and had not considered whether to reclassify it from a low-risk dam, despite development that had taken place nearby over the years. He said the department distanced itself from Kaloko, and Young failed to take responsibility.

"The question in my mind is, 'Do you reward someone for not doing their job?' " McCorriston asked senators.

McCorriston refused to answer questions from state Sen. Sam Slom, R-8th (Kahala, Hawai'i Kai), about whether Pflueger covered the dam's spillway, a critical point in the inquiry. Slom suggested the attorney was using the hearings to help his client: "I think you're here to deflect attention from Mr. Pflueger."

The four days of confirmation hearings — which continue today — have not produced any bombshells about Young, but the testimony has pinpointed management defects in several of the department's divisions. Money has moved — in a practice that predates Young — from the boating division to conservation enforcement. Staffing vacancies have undermined protection of burial sites by the historic preservation division. Internal friction and a criminal investigation have distracted workers at the Bureau of Conveyances.

An audit last year also found the conservation enforcement division left the state's natural and cultural resources at risk.

Taken together, the department's troubles may be enough for senators to conclude Young has been a poor manager. Although many agree the department problems predate him, Young has been on the job four years.

Slom asked Young yesterday whether the "buck stops with the director."

Young said, "Ultimately, as the director, I'm the chair, I'm the lightning rod for the department."

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.