Woo vs. Harmon - Witness Stanley Hong

David C. Farmer, Successor-Trustee vs. Harmon

(Formerly Woo vs. Harmon & Nicholson vs. Harmon)

CV05-00030 DAE KSC

U.S. District Court For the District of Hawaii

Judges: David A. Ezra; Kevin S. Chang

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DEFENDANT’S WITNESS

STANLEY HONG

Address to be determined.

President of Waste Management of Hawaii, Inc.; trustee of the Lunalilo Trust Estate; past President and CEO of the Chamber of Commerce of Hawaii (1995-2002); CEEO, Hawaii Visitors and Convention Bureau (1984-1993); Chair of The Nature Conservancy of Hawaii’s Corporate Council for the Environment.

From The Nature Conservancy of Hawaii website:

Stanley Hong to Lead Nature Conservancy's
Corporate Council for the Environment

Honolulu, HI—December 4, 2003—Longtime Honolulu business leader Stanley Hong has been named the new chair of The Nature Conservancy of Hawaii's Corporate Council for the Environment, the organization announced today.

Hong, the President of Waste Management of Hawaii, Inc., and a trustee of the King William Charles Lunalilo Trust Estate, is a past President and CEO of the Chamber of Commerce of Hawaii (1996 -2002) and the Hawaii Visitors and Convention Bureau (1984-1993). He has served as a member of The Nature Conservancy's Board of Trustees since 1992.

"Few people know the business community in Hawaii like Stanley Hong," said Suzanne Case, the Conservancy's Executive Director in Hawaii. "He is experienced, well-liked and respected, and his enthusiasm and can-do attitude are contagious. We are very excited to have him lead our Corporate Council for the Environment."

Begun in 1987, the Conservancy's Corporate Council for the Environment works to engage the business community in caring for Hawaii's environment. Its founder and first chair was the late Colin Cameron of Maui Land Pineapple. Other chairs have included Bob Clarke of Hawaiian Electric, Larry Johnson of Bank of Hawaii, Tom Leppert of Castle & Cooke, and Don Carroll of Oceanic Cable....

"Business leaders in Hawaii know how important the environment is to our economy and quality of life," said Hong. "The Conservancy's ability to work with business – balancing the needs of people and nature to achieve realistic conservation results – characterizes its approach. It’s an approach that I think the business community believes in."

For more information about the Corporate Council for the Environment, or to become a member, contact Diane Kane at (808) 537-4508.

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August 4, 2002

Stanley Hong moves on to a new challenge

By Susan Hooper, Honolulu Advertiser

In March, just one month shy of his 66th birthday, Stanley Hong settled in to a new job as president of Waste Management of Hawaii Inc. But the former president and chief executive officer of the Chamber of Commerce of Hawai'i sees nothing unusual in that: His father was a dental surgeon who worked until he was 88 and lived another 10 years.

Stanley Hong, former CEO of the Chamber of Commerce of Hawai'i, now is president of Waste Management of Hawaii, a firm overseeing operations at various landfills. At 66, he's not looking to retire.

"Some people think of 65 or 60 as an age when they should be retiring," said Hong, known in the Islands for his role with the chamber and, before that, as president and CEO of the Hawai'i Visitors & Convention Bureau.

"But there are many more who go beyond that. I never thought of that as a cap, so to speak, but just another phase of one's life. I never thought, 'When I reach 60 or 65, I'm going to retire.' Instead, it was just: 'What am I going to do?' "

Hong says he has relied on a combination of planning and serendipity in charting his career course, which includes stints as vice president of administration and general counsel at TheoDavies & Co. Ltd. and, before that, as an executive with TheoDavies' parent, Jardine, Matheson and Co. Ltd. in Hong Kong.

His new post, as head of the Hawai'i arm of Houston-based firm Waste Management, uses the same management and executive leadership skills he's honed in previous positions, Hong said.

"It didn't faze me," he said of overseeing the company that manages the landfills on O'ahu, Kaua'i and the island of Hawai'i. "It's just another challenge. It's not something I can't do."...

Hong was offered the Waste Management of Hawaii job by A. Maurice Myers, a former president and chief executive officer of Aloha Airlines who is now chairman, president and chief executive of parent company Waste Management Inc.

Hong started at Waste Management three months after leaving the chamber job in part because he needed another "breathing spell" after being with the chamber for more than five years.

He also wanted to spend time on his work as a trustee with the King William Charles Lunalilo Trust Estate, a position he has held since June 2001....

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February 28, 1997

**************** See Document 18203REC********************

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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JACK T. KONNO; SAMUEL K. KALUA, III; GARY W. RODRIGUES; UNITED PUBLIC WORKERS, AFSCME, LOCAL 646, AFL-CIO, Plaintiffs-Appellants, v. COUNTY OF HAWAI`I; STEPHEN K. YAMASHIRO; DONNA FAY K. KIYOSAKI; RICHARD WURDEMAN; MICHAEL BEN, as Director of Department of Personnel, County of Hawai`i; SPENCER KALANI SCHUTTE; TAKASHI DOMINGO; JIMMY ARAKAKI; KEOLA CHILDS; JIM RATH; John Does 1-10; Jane Does 1-10; Doe Corporations 1-10; Doe Partnerships 1-10; Roe Non-Profit Organizations 1-10; and Roe Governmental Entities 1- 10, Defendants-Appellees; and WASTE MANAGEMENT OF HAWAI`I, INC., Intervenor/Defendant-Appellee

NO. 18203

(CIV. NO. 93-281 (Hilo))

and

UNITED PUBLIC WORKERS, AFSCME, LOCAL 646, AFL-CIO, Complainant-Appellee/Cross-Appellant-Appellant/Cross- Appellee/Cross-Appellee, v. STEPHEN K. YAMASHIRO and DONNA FAY KIYOSAKI, Respondents-Appellants/Cross-Appellees-Appellees/Cross- Appellees/Cross-Appellees; and RICHARD WURDEMAN, ESQ.; SPENCER KALANI SCHUTTE; TAKASHI DOMINGO; JIMMY ARAKAKI; KEOLA CHILDS; JIM RATH, Respondents-Cross-Appellees-Appellees/Cross- Appellees/Cross-Appellees; and WASTE MANAGEMENT OF HAWAI`I, INC., Intervenor-Cross-Appellee-Appellee/Cross-Appellant/Cross- Appellee; and HAWAI`I LABOR RELATIONS BOARD; BERT M. TOMASU; RUSSELL T. HIGA; SANDRA H. EBESU, Appellees/Cross-Appellees- Appellees/Cross-Appellees/Cross-Appellants

NO. 18236

(CIV. NO. 94-63 (Hilo))

APPEALS FROM THE THIRD CIRCUIT COURT

February 28, 1997

MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ.

OPINION OF THE COURT BY RAMIL, J.

The central issue addressed in these cases (1) is the privatization of public services. The United Public Workers and its officers (collectively the UPW) challenge the validity of a contract entered into by the County of Hawai`i (the County) to privatize the operation of a landfill at Pu`uanahulu on the island of Hawai`i.

In No. 18203, the UPW argues that the County violated civil service laws and merit principles by privatizing the landfill worker positions in question. In No. 18236, the UPW argues that the County violated collective bargaining laws by privatizing without participating in mandatory negotiations with the UPW. For the reasons discussed below, we hold that the County violated civil service laws and merit principles but did not violate collective bargaining laws.

The contract between the County and Waste Management of Hawai`i, Inc. (WMI) is void as a violation of public policy to the extent that it provides for the private operation of the Pu`uanahulu landfill. We vacate the circuit courtþs award of summary judgment in favor of the County in No. 18203 and remand for entry of summary judgment in favor of the UPW. We instruct the circuit court to grant the UPW a declaratory judgment and an injunction barring private operation of the landfill and to determine whether additional relief is appropriate....

CONCLUSION For the foregoing reasons, we hold that the County violated civil service laws and merit principles but did not violate collective bargaining laws. The contract between the County and WMI is void as a violation of public policy to the extent that it provides for the private operation of the Pu`uanahulu landfill....

On the briefs:

No. 18203:

Herbert Takahashi, Stanford H. Masui, Danny J. Vasconcellos, and Rebecca L. Covert (of Takahashi, Masui & Vasconcellos) for plaintiffs-appellants

Mark Bennett (of McCorriston, Miho & Miller) for defendants-appellees John Knorek (of Torkildson, Katz, Jossem, Fonseca, Jaffe, Moore & Hetherington) for intervenor/defendant-appellee

No. 18236:

Herbert Takahashi, Stanford H. Masui, Danny J. Vasconcellos, and Rebecca L. Covert (of Takahashi, Masui & Vasconcellos) for complainant-appellee/cross- appellant-appellant/cross- appellee/cross-appellee

William C. McCorriston, Mark J. Bennett, and Nadine Ando (of McCorriston, Miho & Miller) for respondents- appellants/cross-appellees- appellees/cross-appellees/ cross-appellees and respondents- cross-appellees-appellees/cross- appellees/cross-appellees

Robert S. Katz, Richard M. Rand, and John L. Knorek (of Torkildson, Katz, Jossem, Fonseca, Jaffe, Moore & Hetherington) for intervenor- cross-appellee-appellee/cross- appellant/cross-appellee

Valri Lei Kunimoto (of Hawai`i Labor Relations Board) for appellees/cross-appellees- appellees/cross-appellees/ cross-appellants

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This witness is expected to testify regarding his business, professional and personal relationships with the King William Charles Lunalilo Trust; Robert Clarke; Edwina Clarke; Linda Lingle; Bob Awana; Guido Giacometti; Sukamto Sia; Diane J. Plotts; Bank of Honolulu; Oprah Winfrey; Haunani Apoliona; Office of Hawaiian Affairs (OHA); The Nature Conservancy; Faye Kurren; Judge Barry Kurren; Peter Savio; Susan Tius; Paul Alston; Jackie Mahi Erickson, Chris Yuen; Peter Young; Neil Abercrombie; Suzanne Case; Ed Case; Jeffrey Case; Steve Case; Dee Jay Mailer; Michael May, Hawaiian Electric Co., Maui Land & Pineapple Co.; University of Hawaii Foundation; Gary Rodrigues; United Public Workers; James “Kimo” Apana; Maui County Council; Maui Planning Commission; Judith Neustadter Fuqua; Council of the City & County of Honolulu; Hawaii County Council; Margery Bronster; Ted Hong; Mayor Stephen Yamashiro; Waste Management, Inc.; Arthur Anderson, LLP; Browning-Ferris Industries of Hawaii (BFI); Allied Waste Industries, Inc.; Horizon Waste Services of Hawaii, Inc.; Maui Disposal, Inc.; Kika Bukoski; Leon Black; Apollo Advisors; Robert Katz; David C. Cole, Chairman, Pres/CEO of Maui Land & Pineapple; Duncan MacNaughton; TheoDavies & Co.; Earl Hisatomi; Jardine, Matheson & Co., Ltd., Hong Kong; Jamie Shennan; Ron Higgins; Jeffrey Watanabe, Watanabe Ing Kawashima & Momeiji; David Black, Honolulu Star-Bulletin; Peter Young; Hawaii Department of Land and Natural Resources; Hawaii Land Use Commission; Haunani Kamehameha Schools/Bishop Estate; Sam Hata; Colbert Matsumoto; Clayton Hee; Robert Kihune; Admiral Thomas Fargo; Trex Enterprises; Gilbert Tam; Sandwich Isles Communications; Lawrence Johnson; Summit Communications; Steven Guttman; Mary Lou Woo, Carol Muranaka, James Nicholson, David Farmer, and others to be named upon discovery.