Resolutions Adopted

Whereas, There are close to 3,200 students at Campbell High School, the State's largest public school, and it has not had a girls' athletic locker room since it opened in 1962; and

Whereas, The boys have their own athletic locker room with storage units and restrooms; and

Whereas, The boys' facility cannot be shared with the girls due to safety concerns and the locker rooms are only used for regular physical education classes and are not open and available for athletes' after-school activities; and

Whereas, This gender disparity when it comes to facilities applies to several schools around the State of Hawai'i and such disparity is in violation of Title IX of the Federal Civil Rights Act of 1972, now known as the "Patsy Mink Equal Opportunity in Education Act;" and

Whereas, Title IX requires that schools or education programs that receive Federal assistance must provide equal opportunities and access to programs and facilities for female and male athletes; and

Whereas, More than 16,000 girls in Hawaiʻi participated in high school sports during the 2016-2017 school year; and

Whereas, Eight (8) of the twenty-three (23) high schools on Oʻahu do not have a separate athletic girls' locker facility while these schools do have athletic facility for boys; and

Whereas, Two (2) of of ten (10) high schools on Hawaiʻi Island do not have separate athletic girls' locker facilities while such facilities exist for boys; and

Whereas, Two (2) of five (5) schools on Maui Island and one (1) out of three (3) schools on Kauaʻi Island are in violation of Title IX; and

Whereas, Participation in after-school sports enhances girls' leadership skills and boosts their success in academic and collegiate achievement, making them more likely to graduate from high school and score higher on standardized tests per Women's Sports Foundation; and

Whereas, The Department of Education is failing the girls of the State of Hawaiʻi by not complying with the Title IX Federal mandate and providing female athletic facilities as female athletes are required to have the same opportunities as male athletes;

Whereas, The Department of Education was allocated $337 million by the Legislature for capital improvement projects for the fiscal years 2018-2019 but only $33 million or less than ten percent (10%) has been allocated to improve gender equity or rights of disabled individuals; now, therefore, be it

Resolved, That the Oʻahu County Democrats urge the Hawaiʻi State Legislature to provide sufficient funding so that each school within the Department of Education shall have equal athletic lockers and facilities for female and male athletes pursuant to Title IX: Patsy Mink Equal Opportunity in Education Act; and be it

Ordered, That copies of this resolution be transmitted to the members of the Hawaiʻi Congressional Delegation, the Governor of the State of Hawaiʻi, the Lt. Governor of the State of Hawaiʻi, Hawaiʻi Legislators who are members of the Democratic Party; the Mayor of the City and County of Honolulu; Members of the City Council of the County of Honolulu, and the 2018 convention resolutions committee of the Democratic Party of Hawaiʻi.

Whereas, The diverse and dispersed emergency management stakeholders - Federal, State, County, private sector, and the public - presents a significant challenge to incorporating shared understanding of roles, responsibilities, and authorities that enable all stakeholders to synchronize, integrate, and coordinate disaster prevention, protection, mitigation, response, and recovery efforts; and

Whereas, In response to the ballistic missile threat stemming from geopolitical tensions with North Korea, Hawaiʻi led the way in the implementation of alert systems and procedures to increase its preparedness and keep Hawaiʻi's citizens informed of potential threats from ballistic missiles;

Whereas, Our Country's only Missile-Alert System will not only cover ballistic missiles but also natural disasters such as hurricanes and tsunamis; and

Whereas, On January 13, 2018, a false-missile alert occurred causing fear and panic across the Hawaiian Islands as warnings of imminent attack lit up cell phones and swept across the airwaves; and

Whereas, While the false missile alert was costly in terms of public fears and statewide disruptions in all sectors, the false alert revealed systemic issues that must be fully understood and actions taken over time to implement enduring solutions; and

Whereas, HI-EMA lacks a comprehensive Strategic Plan that provides vision and direction, prioritizes energy and resources, facilitates decision making, and identifies goals and objectives; and

Whereas, HI-EMA began their Ballistic Missile Preparedness testing and internal drills prior to publishing an annex to the 2017 State of Hawaiʻi, Emergency Operations Base Plan to address Chemical, Biological, Radiological, and Nuclear (CBRN) threats; and

Whereas, Hawaiʻi Revised Statutes Sec. 127A-7 mandates that "the SWP (State Warning Point) shall be continually staffed by the agency to monitor warning systems and devices and shall have the ability to provide timely warning and notification to government officials, count warning points and emergency operation centers and, when directed, to general public"; and

Whereas, Many cellular/wireless phones did not receive a wireless emergency alert (WEA) on January 13, 2018; citizens in certain locations did not have access to WEA or other alert notification services and were unaware of the missile alert; and key government personnel were unable to communicate with each other on January 13, 2018, because wireless networks were saturated; and

Whereas, The HI-EMA (ready.hawaii.gov) website logged over 40,000 hits within the first three minutes of the missile alert that the HI-EMA server crashed five minutes later; and

Whereas, HI-EMA initiated a robust public outreach campaign, however, the events and panic observed following the January 13, 2018 false missile alert clearly showed that the outreach campaign was limited in its success; now, be it

Resolved, That Oʻahu County Democrats urge the Hawaiʻi Emergency Management Agency to (1) Publish a Strategic Plan in the event of an emergency; (2) Reinstitute the Ballistic Missile Preparedness Campaign; (3) Coordinate with State Emergency Communications Committee (SECC) to improve rapid notifications and updates; and (4) Coordinate with wireless carriers to expand coverage in areas that did not receive WEA or other alert notification services; and be it

Ordered, That copies of this resolution be transmitted to the Hawaiʻi Emergency Management Agency, members of the Hawaiʻi Congressional Delegation, the Governor of the State of Hawaiʻi, the Lt. Governor of the State of Hawaiʻi, Hawaʻi Legislators who are members of the Democratic Party; the Mayor of the City and County of Honolulu; and Members of the City Council of the County of Honolulu, and the 2018 convention resolutions committee of the Democratic Party of Hawaiʻi.

Whereas, In order to make Hawaiʻi's criminal justice system reflective of communal values, it is necessary to amend Hawai?i's bail setting practices to a more equitable, affordable, transparent, and constitutional process; and

Whereas, In Huihui v. Shimoda, 644 P. 2d 968, 978 (1982), the Hawaiʻi Supreme Court explained that "...the manner in which the legislature allows this and other legitimate, recognized state concerns to be reflected in the bail decision, should it choose to do so by statute, must also be reasonable and satisfy the minimal demands of procedural due process as necessitated by the fact that pretrial detention denies an accused his liberty without a formal adjudication of guilt;" and

Whereas, Reforming, or even abolishing, the use of bail is not the only solution for aligning the state criminal justice system with the needs and goals of Hawaiʻi in the 21st century, but is one part of an enlightened, systemic, necessary strategy to incorporate a decrease in crime, data, lived experience here and abroad, analysis of legal and social history, and the work of members of the community outside the formal criminal justice system; and

Whereas, It costs $152 per day to house a prisoner at the Oʻahu Community Correctional Center (OCCC), approximately 70% of the total OCCC population is classified as either minimum or community custody (the two lowest classifications) and over 80% of the total jail population are charged with a class C felony or below (i.e. a misdemeanor, petty misdemeanor, violation, or technical offense); and

Whereas, Continuing confinement leads to a loss of employment, custody of minors, housing, vehicles, and standing in the community; which are punishments; must be delivered by the state after trial, not before, pursuant to the federal and state constitutions; and

Whereas, Poor and working class people are often unable to directly pay bail, which means they are forced to go through a bonding agency and permanently lose the money they have paid to that agency; and

Whereas, Bail reform in Hawaiʻi is overdue, as Hawaiʻi has a troubled, overcrowded prison system, which includes four prisons and four jails in the islands, and the private prisons contract on the continent, and these policies have had a significant disproportionate impact on Pacific Islanders and native Hawaiians, be it

Resolved, That Oʻahu County Democrats of the Democratic Party of Hawaiʻi urge the passage of a bail reform by amending the law to:

1. Expand pretrial services; and
2. Expand judicial training; and
3. Require transparency in bail procedures; and
4. Shift the burden of proof to the state for keeping an individual in custody; and
5. Create a legal presumption for courts (and any other bail setting authority) to presume unconditional release for all defendants; and be it

Whereas, Thousands of cesspools throughout the islands are threatening drinking water supplies, coral reefs and the health of the people who swim, surf, and consume the marine life in popular places; and

Whereas, This is a serious public safety issue, environmental problem and economic danger that is exacerbated by the effects of climate change; and

Whereas, The impact to coral reefs affects the state's economy, shoreline protection, recreation and habitat for important marine life; and

Whereas, Coral reefs around the state, including Kahalu?u Lagoon and Diamond Head on Oʻahu, are threatened as cesspools overload nearby waters with nutrients - nitrogen and phosphorous - that cause algae to smother new growth; and

Whereas, The State Department of Health estimates $1.75 billion is needed to replace all 88,000 cesspools around Hawaiʻi, with upgrades required urgently for about haft of them; and

Whereas, Approximately 53 million gallons of raw sewage are being discharged each day into cesspools which are basically holes in the ground for wastewater; and

Whereas, One of highest priority area is in upcountry Maui, where 7,400 cesspools have caused nitrate levels in well water to spike dangerously close to safe-drinking limits; and

Whereas, The other area of the highest priority is in Kahaluʻu, on the east side of O?ahu, where there have been incidents of skin infections consistent with sewage-contaminated surface water; and

Whereas, The risk of disease is expected to increase as cesspools deteriorate and become more prone to flooding as sea level rises and storms intensify as a result of Climate Change; and

Whereas, Hawaiʻi depends on wells for more than 90 percent of its drinking water and the vast majority of homes are near the ocean subject to sea level and water table rise causing an increase in wastewater contamination on healthy sources; and

Whereas, Both cesspools and septic tank upgrades still allow for effluent to leach into the ground into groundwater and into the ocean; and

Whereas, Connecting to local wastewater systems is best; and

Whereas, All cesspools are banned by 2050; now, therefore, be it

Resolved, That the Oʻahu County Democrats of the Democratic Party of Hawaiʻi urge the Hawaiʻi State Legislature, in collaboration with the County of Honolulu, to seek cesspools abatement measures such as connecting to the local wastewater systems to totally eliminate the problem of leaching, coral damage, and wastewater contamination; and be it

Ordered, That copies of this resolution be transmitted to the members of the Hawaiʻi Congressional Delegation, the Governor of the State of Hawaiʻi, the Lt. Governor of the State of Hawaiʻi, Hawaiʻi Legislators who are members of the Democratic Party; the Mayor of the City and County of Honolulu; and Members of the City Council of the County of Honolulu, and the 2018 convention resolutions committee of the Democratic Party of Hawaiʻi.

Whereas, Damaging the land and impairing natural resources is inconsistent with protecting the homeland; and

Whereas, Military activities have contaminated our groundwater at Red Hill, littered the landscape of Pōhakuloa, adversely affected archaeological sites and habitat at Mākua, and rendered substantial portions of Kahoʻolawe unsafe; and

Whereas, The military once claimed that it was a matter of national security that it be allowed to continue to bomb Kahoʻolawe and continue to train at Mākua, but that has proven to be inaccurate; and

Whereas, A state judge questioned the Army's veracity and reliability when it claimed to regularly clean up debris after each training exercise at Pōhakuloa; and

Whereas, Although the Navy argues that its fuel has not found its way into our drinking water wells yet, it is undisputed that leaks from its tanks have contaminated our groundwater in an unacceptable manner; now, therefore, be it

Resolved, That Oʻahu County Democrats urge all members of the Hawaiʻi Congressional Delegation to actively work to ensure that the military takes all necessary action to prevent degradation of our natural resources and to clean up its mess in a timely manner; and be it

Ordered, That copies of this Resolution be transmitted to the Hawaiʻi Congressional delegation and to the 2018 convention resolutions committee of the Democratic Party of Hawaiʻi.

Whereas, The Board of Land and Natural Resources (BLNR) has a trust duty to mālama ʻāina; and

Whereas, The BLNR has given developers a green light to dump polluted urban stormwater into coastal waters at ʻEwa Beach, where people swim, fish, and gather limu;

Whereas, The BLNR refused to assess the environmental impact of commercial aquarium collection until ordered to do so by the courts;

Whereas, A circuit court concluded that the BLNR breached its duty to mālama ʻĀina when it failed to monitor and investigate the Army's compliance with lease terms to clean up unexploded ordnance at Pōhakuloa on Hawaiʻi Island; and

Whereas, The Hawaiʻi Supreme Court, the Intermediate Court of Appeals, and a circuit court concluded in three different cases that BLNR's historic preservation division has violated its own rules that protect significant historic sites;

Whereas, The BLNR attempted to relinquish the public's interest in a shoreline path in Waikīkī;

Whereas, For years, the BLNR has continued to allow Alexander & Baldwin to take millions of gallons of water daily from dozens of streams without ever analyzing the impact on aquatic life in each of these streams; and

Whereas, The Hawaiʻi Supreme Court concluded that the BLNR acted arbitrarily and capriciously, and abused its discretion by ignoring court decisions and a court order when certifying the shoreline; now therefore, be it

Resolved, That O'ahu County Democrats urge all members of the Board of Land and Natural Resources to abide by the principle of mālama ʻĀina; and be it

Ordered, That copies of this Resolution be transmitted to each member of the Board of Land and Natural Resources, and to the 2018 convention resolutions committee of the Democratic Party of Hawaiʻi, and to the 2018 convention resolutions committee of the Democratic Party of Hawaiʻi.

Whereas, Many countries use ranked choice voting, including Australia, New Zealand, Ireland, and Hong Kong; and

Whereas, Ranked choice voting is also used by 17 municipalities in the United States, including San Francisco, Santa Fe, and Minneapolis; and

Whereas, Ranked Choice Voting allows voters to express their preferences more clearly, so it gives voters more control over the results and is a more democratic system; therefore, be it

Resolved, That the Oʻahu County Democrats of the Democratic Party of Hawaiʻi encourage the investigation of a system of ranked choice voting for all Hawaiʻi state and municipal elections; and be it further

Ordered, That copies of this resolution be transmitted to members of the Democratic Party who hold elected state political offices; and be it

Ordered, That this resolution be referred to the 2018 convention resolution committee of the Democratic Party of Hawaiʻi.

Whereas, People with disabilities continue to face antiquated attitudes, as well as preconceived and unnecessary societal biases regarding their ability to successfully parent their children in family and dependency law proceedings where custody and visitation are at stake and in public and private adoption, guardianship, and foster care proceedings; and,

Whereas, Because of these societal biases and antiquated attitudes, children of parents with disabilities are unnecessarily being removed from their parents' care or being restricted from enjoying meaningful time with their parents; and

Whereas, Children are being denied the opportunity to enjoy the experience of living in loving homes with parents or other care takers with disabilities; and

Whereas, The Oʻahu County Democrats of the Democratic Party of Hawaiʻi previously adopted resolution OC 2017-9, Regarding a Blind Person's Right to Parent; Now, therefore, be it

Resolved, That the Oʻahu County Democrats of the Democratic Party of Hawaiʻi urge the Hawaiʻi State Legislature to pass new legislation that will protect the best interests of children parented by individuals with disabilities or children who could be parented by individuals with disabilities through the establishment of procedural safeguards that require adherence to the Americans with Disabilities Act and respect for the due process and equal protection rights of parents or prospective parents with disabilities in the context of child welfare, foster care, family law and adoption; and be it further

Resolved, That Oʻahu County Democrats of the Democratic Party of Hawaiʻi request that the legislation specify that a parent's disability shall not serve as a basis for:

1. Denial or restriction of visitation or custody in family or dependency law cases, denial of participation in public or private adoption, denial of foster care or guardianship, when the visitation or custody, adoption, or foster guardianship is determined to be otherwise in the best interest of the child; and that,
2. Where a parent or prospective parent's disability is alleged to have a detrimental impact on a child, the party raising the allegation bears the burden of proving by clear and convincing evidence that the behaviors are endangering or will likely endanger the health, safety or welfare of the child; and that,
3. If this burden is met, the parent or prospective parent with the disability shall have the opportunity to demonstrate how the implementation of supportive parenting services can alleviate any concerns that have been raised, that the court may require that such supportive parenting services be put in place, with an opportunity to review the need for continuation of such services within a reasonable period of time; and that,
4. If a court determines that a disabled parent's right to custody, visitation, foster care, guardianship, or adoption should be denied or limited in any manner, the court shall make specific written findings stating the basis for such a determination and why the provision of supportive parenting services is not a reasonable accommodation that must be made to prevent such denial or limitation; and be it

Whereas, Workers with disabilities are not protected by the federal minimum wage requirements; and

Whereas, Special wage certificates issued by the United States Department of Labor in accordance with Section 14(c) of the Fair Labor Standards Act (FLSA) permit certain employers to pay subminimum wages to workers with disabilities; and

Whereas, Employers who take advantage of this predatory practice have an unfair advantage in labor costs when compared to employers who pay fair wages to their workers, thus allowing them to outbid employers who do not use this predatory wage practice; and

Whereas, Employers who exploit workers with disabilities may currently contract with the State of Hawai'i or City and County of Honolulu or lease facilities owned by the State of Hawaiʻi or City and County of Honolulu; and

Whereas, The Oʻahu County Democrats adopted Resolution 2017-10, Support for the Transitioning to Integrated and Meaningful Employment Act of 2017, a bill which would end the payment of subminimum wages to workers with disabilities on a national level; and

Whereas, Even if the State of Hawaiʻi discontinues its issuance of matching special wage certificates, thus ending the payment of subminimum wages to workers with disabilities in Hawaiʻi, employers holding these federal certificates in Hawaiʻi will still be allowed to discriminate against workers with disabilities by paying them wages below the prevailing wage for their professions; now, therefore, be it

Resolved, That the Oʻahu County Democrats of the Democratic Party of Hawaiʻi urge the Hawai?i State Legislature to pass new legislation prohibiting public entities from contracting with or leasing facilities to entities holding special wage certificates from the United States Department of Labor allowing them to discriminate against workers with disabilities in accordance with Section 14(c) of the Fair Labor Standards Act; and be it further

Resolved, That the Oʻahu County Democrats of the Democratic Party of Hawaiʻi urge the Honolulu City Council to pass new legislation prohibiting public entities from contracting with or leasing facilities to entities holding special wage certificates from the United States Department of Labor allowing them to discriminate against workers with disabilities in accordance with Section 14(c) of the Fair Labor Standards Act; and be it

Ordered, That copies of this resolution be transmitted to the members of the Hawaiʻi Congressional Delegation, the Governor of the State of Hawaiʻi, the Lt. Governor of the State of Hawaiʻi, Hawaiʻi State Legislators for the island of Oʻahu who are members of the Democratic Party, the Mayor of the City and County of Honolulu, and Honolulu City Council who are members of the Democratic Party of Hawaiʻi, and to the 2018 convention resolutions committee of the Democratic Party of Hawaiʻi.

Whereas, A Navy analysis may underestimate the contamination potential of leaks from giant fuel tanks from Red Hill; and

Whereas, The Navy has 20 underground fuel storage tanks dating to World War II in Red Hill above Pearl Harbor; and

Whereas, The tanks sit on an aquifer that supplies a quarter of the water consumed in urban Honolulu; and

Whereas, More than 27,000 gallons of jet fuel leaked from one of the tanks in 2014; and

Whereas, The Navy's evaluation of the potential risks appears to be skewed toward concluding that millions of gallons of jet fuel could be released without damaging the groundwater; and

Whereas, The Navy cannot locate the leaked fuel or accurately assess the risk to our groundwater; and

Whereas, Instead, the Navy is providing models to produce its preferred outcomes; and

Whereas, The Navy and regulatory agencies are working on a 20-year-plan to reduce the risk of leaks and fuel contamination from the tanks; and

Whereas, The plan includes new tank designs and potentially storing the fuel someplace other than Red Hill; and therefore, be it

Resolved, That the Oʻahu County Democrats of the Democratic Party of Hawaiʻi urge the United States Navy to install double-walled tanks at Red Hill within five years or move the tanks if the Navy is unable to retrofit the twenty tanks into double-walled tanks within the time prescribed; and be it further

Resolved, That the Oʻahu County Demoicrats of the Democratic Party of Hawaiʻi urge the Hawaiʻi State Legislature, and the U.S. Congress to mandate that the Navy retrofit the twenty Red Hill tanks to double-walled tanks within five years and or relocate the twenty tanks to a location where the risk of leakage into the aquifer and groundwater is greatly minimized; and be it

Ordered, That copies of this resolution be transmitted to the United States Navy, members of the Hawaiʻi Congressional Delegation, the Governor of the State of Hawaiʻi, the Lt. Governor of the State of Hawaiʻi, Hawaiʻi Legislators who are members of the Democratic Party; the Mayor of the City and County of Honolulu; and Members of the City Council of the County of Honolulu; and the 2018 convention resolutions committee of the Democratic Party of Hawaiʻi.

Whereas, Veterans Treatment Courts integrate alcohol, drug treatment, and mental health services with justice system case management; and

Whereas, Veterans Treatment Courts use a non-adversarial approach; prosecution and defense counsel promote public safety while protecting participants' due process rights; and

Whereas, Veterans Treatment Courts identify eligible participants early and promptly for entry into the program; and

Whereas, Veterans Treatment Courts provide access to a continuum of alcohol, drug, mental health, and other related treatment and rehabilitation options; and

Whereas, Veterans Treatment Courts compliance is monitored by frequent alcohol and drug testing; and

Whereas, A coordinated strategy governs Veterans Treatment Courts' responses to participants' compliance; and

Whereas, Veterans Treatment Courts consistently monitor, evaluate, and measure the achievement of the program goals and gauge effectiveness; and

Whereas, Veterans Treatment Courts employ interdisciplinary education to promote effective program planning, implementation, and operations; and

Whereas, Veterans Treatment Courts create partnerships with the Department of Veterans' Affairs, other public agencies, and community-based organizations to generate local support and enhance the program's effectiveness; now, therefore, be it

Resolved, That the Oʻahu County Democrats of the Democratic Party of Hawaiʻi urges the Hawaiʻi State Legislature to fully support and fund the Veterans Treatment Court program throughout the state of Hawaiʻi; and be it

Ordered, That copies of this resolution be transmitted to the Democratic members in the Hawaiʻi State Legislature; and be it

Ordered, That this resolution be referred to the 2018 convention resolutions committee of the Democratic Party of Hawaiʻi.

Whereas, The Oʻahu County Democrats of the Democratic Party of Hawaiʻi have supported the passage of medical aid in dying as it is a part of our platform under the HUMAN RIGHTS AND CIVIL RIGHTS & ECONOMIC JUSTICE plank which states "We support the individual's choice of dying with dignity, including Doctor assisted death."; and

Whereas, The Oʻahu County Democrats of the Democratic Party of Hawaiʻi applauds the 2018 Legislature for passing medical aid in dying with the passage of Our Care, Our Choice Act and Governor Ige for signing it into law on April 5, 2018; and

Whereas, The Oʻahu County Democrats of the Democratic Party of Hawaiʻi support all efforts to ensure that all mentally capable adults that have been diagnosed with a terminal illness and given 6 months or less to live and those who choose medical aid in dying as one of their end-of-life options have full access to; and

Whereas, The Oʻahu County Democrats of the Democratic Party of Hawaiʻi recognize that doctors can choose whether to practice medical aid in dying but all eligible patients should be fully informed of their end-of-life options; and,

Whereas, The Oʻahu County Democrats of the Democratic Party of Hawaiʻi recognize there is a shortage of doctors in the state of Hawai?i which can cause a barrier for mentally capable adults that have been diagnosed with a terminal illness to complete the lengthy process, including three medical appointments, to obtain a prescription for medical aid in dying; therefore, be it

Resolved, That the Oʻahu County Democrats of the Democratic Party of Hawaiʻi call on the Hawai?i State Legislature to amend the Our Care, Our Choice Act to make the option easier to access should it be found that mentally capable and terminally ill patients are experiencing barriers to access the Our Care, Our Choice Act; and finally, be it

Ordered, That copies of this resolution be transmitted to all Democratic members of Hawaiʻi's Congressional Delegation, the Governor of the State of Hawaiʻi, the Lt. Governor of the State of Hawaiʻi, all members of the Hawaiʻi State Legislature who are members of the Democratic Party of Hawaiʻi, and the Director of the Department of Health; and be it

Ordered, That this resolution be referred to the 2018 convention resolutions committee of the Democratic Party of Hawaiʻi.

Whereas, The Democratic Party of Hawaiʻi depends on volunteers dedicated to the principles of progress, equality of opportunity, and American freedoms; and

Whereas, The Democratic Party of Hawai'i has been blessed with many people from all backgrounds who have spent much time and devoted their talents and energies to make Hawaiʻi a better place for everyone; and

Whereas, Several of our leading volunteers and public officials have passed away in the past year, including the following: