Peter Young's Confirmation....People Died

May 1, 2007

The decision not to support Peter Young's nomination was not an easy one, but was necessary in light of certain troubling facts that emerged during the confirmation process.  A cabinet appointment depends not on popularity, but on the person's fitness for an important position. 

Department of Land and Natural Resources.  While many positive testimonies were received, there were numerous testimonies about internal problems within the Department, as well as complaints about the historic preservation division, burial councils and small boat harbors, and allegations of impropriety in the Bureau of Conveyances.  Mr. Young's inability to unify and effectively lead his department during his tenure as director are major factors against his reappointment.  The issue that rises above all these issues is the Kaloko Dam disaster of 2006. 

Kaloko Dam.  In 1987, the Dam Safety Act gave the Department of Land and Natural Resources the responsibility for inspecting dams in the State, before that, dam inspection was the federal government's responsibility.  The Kaloko Dam breach and the tragic loss of lives was not an unexpected catastrophe, but an avoidable failure. 

The State was not unaware of the poor conditions of its dams.  The Honolulu Advertiser reported that the American Society of Civil Engineers gave Hawaii a "D" grade for its state-regulated dams in 2001 and again in 2005.  On October 23, 2005, the Honolulu Advertiser published an article, "22 structures in dire need of repairs," which quoted the State's dam safety engineer: "We've been very fortunate we haven't had any major dam failure here."  On October 31, 2005, the Honolulu Advertiser published an editorial, "Safety of our dams should concern us all."  On February 22, 2006, the Department of Land and Natural Resources received an email warning that Kaloko Dam had been breached but apparently did not respond to that email.  On March 14, 2006, Kaloko Dam breached taking the lives of seven people. 

The Department of Land and Natural Resources, under Mr. Young's direction, received warnings on more than one occasion about the poor conditions of State dams and received a warning specifically about Kaloko Dam.  The bottom line is that "people died."  The loss of lives was all the more tragic because warnings were given but not heeded. 

It is erroneous to believe that the confirmation process was driven by partisanship.  An analysis of the 2007 legislative session shows that the Senate confirmed 374 out of 376 gubernatorial nominations, which come out to a 99% pass rate.  The bottom line for cabinet appointments is: Is the nominee capable of effectively running the department?  While Mr. Young did do an admirable job in certain areas, he fell woefully short in other critical areas.  The Kaloko Dam issue was the defining issue for us and, in itself, was reason enough to vote 'No' on Peter Young's confirmation. 

Text of Senator Sakamoto's floor speech 

Honolulu Advertiser blog: "Capitol Notebook – A Young vote breakdown"

Honolulu Advertiser blog: "Akamai Politics – Confirmation vote painful to all"