Woo vs. Harmon - Witness Jon Van Dyke

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

JON VAN DYKE

2515 Dole Street
Honolulu, Hawaii 96822

Tel: 807-956-8509

Fax: 808-956-5569

Email: jvandyke@hawaii.edu

Jon Van Dyke is a professor of constitutional law at the William S. Richardson School of Law, University of Hawaii; served as one of the attorneys for the Office of Hawaiian Affairs who filed an amicus curiae brief in the RICE v. CAYETANO case; appeared with Maui County attorneys in the Hale O Kaula Church case; husband of Sherry Broder, Esq.

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October 14, 2007

Hawaii ferry spent $175,000
on lobbying

By Rick Daysog, Honolulu Advertiser

Hawaii Superferry officials spent more than $175,000 over three years on lobbying and campaign contributions, including dozens of donations to Gov. Linda Lingle, U.S. Sen. Daniel Akaka, U.S. Rep. Neil Abercrombie and other key state legislators.

An Advertiser computer-assisted study of state and federal campaign records shows that the Superferry, its executives and several of its board members contributed more than $39,000 since 2004 to local lawmakers and members of Hawai'i's Congressional delegation.

A review of state and federal ethics filings also found that the Superferry spent more than $136,000 since 2004 to lobby state officials and the federal government.

"You're talking about an extremely large sum of money even by national standards," said Craig Holman, a campaign finance expert with Public Citizen, a Washington, D.C.-based consumer advocacy group. "At the very least, they are trying to buy access, and at the worst they are trying to buy influence."

Superferry officials said there's no connection between the political donations and any legislative efforts pursued by the company.

The Lingle administration decided in February 2005 to exempt the Superferry project from an environmental assessment, which would take months to complete. That decision was reversed by the Hawai'i Supreme Court in August and now the ferry has been banned from operating until the assessment is finished.

Lingle and state legislators may convene a special session to rewrite the law and allow the ferry to operate while the assessment is conducted.

The 350-foot ferry was to carry passengers and vehicles between O'ahu, Maui and Kaua'i and began service in August before being shut down.

POLITICAL DONATIONS

The Advertiser's computer-assisted study examined contributions made to Lingle, Hawai'i's Congressional delegation and all 76 state legislators from 2004. The study found that Superferry executives and its board members made more than 30 political contributions between 2004 and 2007.

Here are the highlights:

Lingle's campaign received the most money from the Superferry and its officials, even though Lingle had directed campaign officials not to accept money from Superferry executives, said Miriam Hellreich, who served as the Lingle campaign's finance director from 2002 to 2006.

State campaign spending records show that Lingle's campaign received six donations totaling $12,000, including $6,000 in donations in October 2006 from Superferry Chairman and former Secretary of the U.S. Navy John Lehman and company Director Tig Krekel.

Hellreich said the Lingle campaign's policy was to refuse contributions from companies that were negotiating with the state for contracts. Lingle also told campaign staffers not to accept contributions from Superferry executives, Hellreich said.

Hellreich said staffers made "an error" by accepting the $6,000 in 2006 because negotiations between the state and Superferry were ongoing. Some campaign staffers were not aware of the internal policy against accepting money from Superferry officials, she said.

Hellreich also noted that the Lingle campaign returned about $10,000 in donations to Superferry officials in 2005 because the state and the company were still in negotiations. Hellreich said the campaign has no plans to return the 2006 donations.

"All the donations associated with people with the (Superferry) were within the law," Hellreich said.

Superferry executives and directors also contributed $9,200 to Abercrombie's campaign, including a cluster of June 2007 donations from Lehman, Krekel and Superferry President and CEO John Garibaldi.

Abercrombie said he receives support from a broad group of interests including environmental groups.

Federal Election Commission records show that the Sierra Club's political committee contributed more than $6,000 to Abercrombie's campaigns since 1998 and that the League of Conservation Voters Action Fund has donated nearly $1,000 to his campaigns since 1998....

Superferry executives made several contributions totaling $8,800 on Aug.25, 2006, and Sept. 11, 2006, to Akaka's campaign. Akaka spokesman Jesse Van Dyke said Akaka has taken no position on the issue since it doesn't involve Congressional action and is largely a state issue.

State House Speaker Calvin Say, a Superferry supporter, received $2,000 from the company on Jan. 24, 2006. That same day State. Rep. Joseph Souki received $1,000 from the Superferry. Say, D-20th (St. Louis Heights, Palolo Valley, Wilhelmina Rise), and Souki, D-8th (Wailuku, Waihe'e, Waiehu), were not available for comment....

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Jon Van Dyke is expected to testify with regard to his professional, business, and personal relationships with Sherry Broder, Jesse Broder Van Dyke, Daniel Akaka, John Goemans, John Marshall, Esq., former Hawaii Chief Justice William S. Richardson, Maui County Planning Commission, Paul Alston, Judith Neustadter Fuqua, Madelyn D’Enbeau, Asian Development Bank, University of Hawaii, University of Hawaii Foundation, East-West Center, Earl Anzai, Lyn Anzai, Judge Samuel King, Governor Linda Lingle, William McCorriston, Philip W. Miyoshi, Attorney General Mark Bennett, Earl Anzai, Lyn Anzai, James “Kimo” Apana, Benjamin Cayetano, John Waihee III, Harold “Freddie” Rice, Judge David Ezra, Kamehameha Schools/Bishop Estate, Guido Giacometti, Susan Tius, Dan Inouye, Kekoa Paulson, Hawaii County Planning Commission, Nansay Hawaii, Office of Hawaiian Affairs, John Waihee IV, Clayton Hee, Oswald Stender, Gil Tam, Robert K.U. Kihune, Francis Keala, Ronald Libkuman, J. Douglas Ing, Michael Chun, Dee Jay Mailer, Edwina Clarke, Kukui (Molokai), Inc., Molokai Ranch, Mary Lou Woo, Steven Guttman, Robert Kessner, James Duca, Roger Fonseca, Robert Katz, Torkildson Katz Fonseca Moore & Hetherington, Carol Muranaka, James B. Nicholson, Neil Abercrombie, John Lehman, Randy Roth, Kenneth Conklin, David Farmer, Steven Katzman, James Cribley, and others to be named upon discovery.