WHALES

TOUR BOAT OPERATORS SHOULD KEEP AWAY

It's the time of year when the whales make their way back to Hawaiian waters. As I sat on the rocks on a recent morning and watched in amazement at these beautiful creatures, one tour boat after another sped out of Ko Olina harbor and headed directly to this playful pod.

Needless to say, I was not happy about them disturbing the whales and not sure what the whales thought, but "scared" would be a good word.

Tour operators: Let's give these creatures a break and stay at a safe distance (by law, Ko Olina) and keep the engine speed on slow. The whales and I would appreciate it.

FAST, EFFICIENT

THE E BUS WORKED BEAUTIFULLY; RESTORE IT

Regarding the Nov. 8 article by Mike Leidemann entitled "Two Waikiki residents want Hannemann to restore Route E": These two ladies had hundreds, if not thousands, of names on their petitions, and in addition to that, many people, including myself, would have signed had we been given the opportunity.

Everyone I talked to wished we still had the E bus. Hannemann's promise to replace this service, but not for a few years, is not good enough. He is spending a lot of money checking out mass transit systems, but we know this is all in the future as well.

The E bus was the closest thing to a rapid mass transit I've experienced in Honolulu. It worked. I think the arguments of low ridership and duplicated services are just not true.

It's true that at first the buses were not full because people just didn't know about them. I do not agree that it duplicates other bus routes.

It is true that the Express B does go down Kalakaua, and the 65 goes to the new medical school, but I have not found a good way to connect to those routes. Certainly not a speedy way.

As traffic increases, we need quick solutions. If nothing else, I would think that our mayor would look at the benefits to our tourists, who make up our No. 1 industry. The E bus puts them in an easy position to travel to our various shopping centers, movie theaters and tourist attractions and to do so quickly.

The E bus was also an especial blessing on weekends, evenings and holidays when other buses are spaced further apart.

I'd make only one suggestion as an improvement to the E bus: Let it continue down Kalakaua to Kapi'olani Park before making the loop back to Kuhio. We need the E bus!

IMMIGRANTS

THERE'S PLENTY OF ROOM

Mark Terry complained in a Dec. 14 letter that increased immigration is bad because America is already overpopulated. In reality, America is not overpopulated. There is a lot empty space in the middle part of the United States. In fact, towns in that section are losing population. There's plenty of room for immigrants. After all, let's not forget that the white majority are also descendants of immigrants.

LINGLE

DEMOCRATIC CLAIM ON ENVIRONMENT RIDICULOUS

It was amusing, if not absurd, to read the letter from Tom Brower, the communications director of the Democratic Party of Hawai'i (Advertiser, Dec. 14).

Mr. Brower claims that Gov. Lingle has done little for the environment. Yet in the same issue of The Advertiser was a full-page ad by eight civic and environmental groups thanking the governor for her work in protecting the Northwestern Hawaiian Islands.

Mr. Brower writes that "When it comes to our environment, Democrats say to Republicans: 'We can do better.' " Well, yes, the Democrats could do better, but all they do is talk. Gov. Lingle and her administration are doing something about protecting and preserving our fragile resources.

PATRIOT ACT

REP. CASE IS ACTING TOO MUCH LIKE A REPUBLICAN

Ed Case seems to emulate President Bush as of late. First, he supports eminent domain (private land seizure by the government), and now he votes to extend the controversial provisions of the Patriot Act, even further curbing our supposedly protected, yet thoroughly eroded, civil liberties.

It didn't take Mr. Case very long to renege on his sworn congressional oath of office to "support and defend the Constitution of the United States against all enemies, foreign and domestic."

TRANSIT PROCUREMENT DISPUTE

IT'S NOT ABOUT TRANSIT BUT FOLLOWING THE LAW

Thanks to misleading statements by Mayor Mufi Hannemann and members of his administration, and to public bullying by U.S. Rep. Neil Abercrombie, the controversy over the city's transit project has generated more heat than light.

As someone who has questioned the procurement process on the project, I would like to shed light on the real issue.

My company and I, along with Councilmember Charles Djou, have been accused of seeking to derail the transit project. To the contrary, I want to ensure that the project is done right from the start. What threatens to derail it is the city's mishandling of a procurement contract.

Why am I pursuing this issue? Because I want to stop backroom dealing at City Hall. It is essential to protect the integrity of the procurement process, to ensure taxpayer dollars are spent responsibly, and to end the enduring saga of illegal, "business-as-usual" government procurement practices in Hawai'i.

There is a tremendous social cost to making a sham of the procurement process. When contracts are awarded based on patronage and personal relationships, it undermines people's trust in government. In the end, the community and taxpayers foot the bill as contractors pass the cost of political contributions into their bids to fix our schools, repair our roads or — in this case — perform a transit analysis for a multibillion-dollar rail project.

I speak from personal experience. My company was one of the original subcontractors on the team led by Parsons, Brinckerhoff, Quade and Douglas that the city selected earlier this year to conduct the first step in the transit project — the public outreach portion. We were analyzed, rated and selected over other applicants based on our expertise in an open process conducted in accord with state and federal procurement laws.

After the selection was made, but before the contract was executed, city officials directed Parsons to substitute a new subcontractor, which was not part of the original team that had been evaluated, to perform the public outreach portion of the project, while the role of my company and two others was significantly reduced. The subcontractor that replaced us is headed by a close associate of the mayor.

The city administration's actions in this matter display its contempt for procurement law. If a government agency needs to change a properly bid contract, there are legal, open, transparent ways to do it. Nothing about the city's change in subcontractors was legal, open or transparent. My efforts to get a straight answer from the city have resulted in name-calling and untrue allegations from the mayor and Rep. Abercrombie. When pressed, the city says, "This is the way we've always done it."

In other words, backroom deals are the norm. This is why people believe that in Hawai'i, it's not what you know, but who you know. Is it any wonder Hawai'i has had to work so hard to overcome its bad reputation as a place to do business? If public officials don't abide by procurement laws, why should companies bid on government work? Even if you win a bid, you can lose it in a backroom "fix."

CITY FOLLOWED LETTER OF FEDERAL, STATE LAWS

As the chief procurement officer of the City and County of Honolulu, I must set the record straight regarding the series of groundless accusations and innuendos raised by Councilmember Charles Djou and Ms. Kitty Lagareta regarding the procurement of professional services for the city's transit alternatives analysis study.

Councilmember Djou has stated repeatedly that he received no explanation regarding the reduced role of Ms. Lagareta in the alternatives analysis study. At the Oct. 27 City Council Transportation Committee meeting, division chief Toru Hamayasu explained the Qualifications Based Selection process that was used to procure the services for the study. In executive session with corporation counsel, only held because Ms. Lagareta had already threatened to sue, councilmembers were given additional opportunities to question Mr. Hamayasu and city attorneys regarding the reason for the reduced role of Ms. Lagareta's company. Out of the nine councilmembers, Mr. Djou is the only one stating that he has not received any explanation.

Councilmember Djou has suggested that the professional services contract was procured illegally because it was not based on price, and he has used the term "bid" when referring to the procurement of professional services for the alternatives analysis study.

The term "bid" refers to the competitive sealed bidding method of procurement. Councilmember Djou should know that the competitive sealed bidding method violates the state procurement law and the Brooks Act, which sets the federal procurement requirements for the architectural engineering and design services needed for the alternatives analysis study. Thus, the corporation counsel determined that the procurement for the professional services for the study compiled with federal and state requirements.

Ms. Lagareta and her co-employee, the person who stood to "lose" the most because she, not Ms. Lagareta, was designated as the task leader for work to be done by Ms. Lagareta's company, have benefited from the city's procurement practices in the past. When asked at a recent press conference about this inconsistency, Ms. Lagareta did not deny that this had occurred. Ms. Lagareta's real complaint, then, is that her role was reduced, because when she benefited by the city's procurement practices in the past, she did not complain.

On any number of issues and at different times in the past, Ms. Lagareta has been a friend and supporter of this administration, as has Mr. Djou. That does not mean that we agree on all issues and at all times. What has been disappointing is the way Ms. Lagareta and Mr. Djou have chosen to articulate their disagreement with the reduction of Ms. Lagareta's role, immediately casting aspersions about the integrity of the procurement process without understanding the procurement process and without any evidence of the ethical and legal breaches they claim occurred.

Despite the ongoing crusade by Ms. Lagareta and Mr. Djou to have you believe otherwise, the public should be assured that the city's procurement policies have been honest and in keeping with the letter of the law.

UH WARRIOR FOOTBALL TEAM IS LOSING ITS BASE OF FANS

The UH football uniforms look like those donned by the Oakland Raiders. We moved away from simplicity and toward complexity and flash, but with shallow depth.

UH has lost its identity and the fan base. The true, loyal fan pool has been locked out by a money barrier. Further dilute the team name and colors, erode the community and access, and you have ... nothing.

UH athletics squandered fan loyalty by diluting its marketing message. For fans, it is all about loyalty to the brand identity, the community and access. UH was always about the "Rainbow" Warriors and "Rainbow" Wahine — period. The fans used to cheer across the stadium "Rain ... 'Bows — Rain ... 'Bows." Or "Let's go, 'Bows!" Now there is no cheer.

The Raiders' silver and black we are not. It's about the green and white. Blending into the community is where UH athletics has again failed. It has created an ever-widening chasm between the football team and the fans.

June Jones seems to have ticked off Siuaki Livai, Kahuku High's football coach, a prominent member of Hawai'i's football community. What happened to that total sense of community?

Then there is the outrageous spending that has resulted in substantial price gouging, which affects access. Access to the team used to be plentiful. Per-game prices, even prices for season tickets, were affordable. If games sold out — and they used to frequently enough — we would get free, live TV. And it is always on the radio. And it has always been on the Internet radio — free. Now there is only pay-per-view, and the Internet radio broadcast of games is now impeded by a fee.

UH has a fan base on the Mainland that would go to road games and listen to games on the Internet. No more. Bring back the UH football product akin to the Tomey and Wagner years, when the fans felt their genuine closeness to the community, and they endured because we had access to them as fans.

Meanwhile, I suggest all UH fans should perhaps look to Friday night football instead. At least it is still genuine, the team names and colors are the same, and the community and access are still there.