Tuesday, February 28, 2006
Testimony in support of DCCA abiding by state procurement law
in regards to state PEG entities' contracts
The state of Hawai'i has held control over their created Public Access entities in Hawai'i for too long. The state needs to allow the entities to establish themselves as truly independent non-profit corporations. The level of state control can only be balanced by allowing the people a voice in the decision making process. After 15 years the state created entities continue to keep the people out at every turn. As long as the only "members" are the state and cable company appointed board directors, the entities will continue minimal provisions for the P, effective mostly for window dressing. This practice stifles creativity and truth. Competitive bidding process is the only fair method to democratically effect needed change. Give the people reason to believe their government isn't above the law by simply abiding by it.
It is clear from the comments at the DCCA meetings on all islands (except Kauai) and the less than factual information distributed by the DCCA designated Public, Education and Governemnt (PEG) nonprofits (from Akaku, Sparky Rodrigues & Gerry Silva) , that the state and their PEGs used public resources to brainwash sheople into accepting the status quo instead of to facilitate a truly grassroots movement towards innovation.
Facts: (much of the documentation can be accessed through http://hpam.hi.net/ & http://hpam.hi.net/RFP4PEG/ & http://kauai.net/)
Hawai'i PEG Access corporations were created by the state.
State law mandates PEGs be a " nonprofit organization", thus state agencies and for-profits are ineligible to bid without the law being changed.
PEG contracts in Hawai'i have not been in compliance with HRS 103d since 1993 when the law went into effect.
Community Television Producers Association (CTPA) asked DCCA about PEG RFPs in writing in 2001.
The Attorney General is complicit by their signing of non compliant contracts (they sign for " Proof of Form")
DCCA already requested an exemption from state law regarding PEG contracts on 11/09/05.
The State Procurement Office (SPO) "approved" an exemption for DCCA on 11/16/05.
CTPA pointed out procedures were not adhered to resulting in SPO's disapproval of the exemption request.
SPO instead considered the time frame of the violation to a future date, thus allowing DCCA to continue their violation of state law.
DCCA posted notice of their exemption request in the least accessible area to the public they are capable of posting to.
DCCA appoints the majority board directors of all of the state's "independent nonprofit corporations" they "designate".
DCCA has threatened to restrict funds from a PEG when they have tried to change that bylaw that their original totally DCCA appointed board created.
DCCA allows these boards to have a bylaw that allows for the Cable Company to appoint members, which is wrought with conflicts of interest.
DCCA Director Recktenwald has admitted he has not yet read all DCCA & PEG commissioned studies.
DCCA Director Recktenwald is quoted as categorizing those documents as "just another study collecting dust on a shelf somewhere."
DCCA appointed the board directors that agree to provide 25% of their funds to education with minimal accountability (if any).
DCCA allows PEGs to get away with not acting in compliance with state and federal laws by actively creating plausible deniability, rather than taking responsibility.
DCCA is allowing their created entity to sue the state to avoid openness and accountability while at the same time saying: "DCCA believes openness and accountability are crucial".
DCCA allows PEGs to distribute their own propaganda while actively suppressing dissenting views.
DCCA has denied the public access to the most important document regarding this issue which is the AG's opinion that their contracts with the PEGs must comply with the State Procurement Law (HRS 103D)!
The legislature improved the Procurement law in 1993 to "ensure greater accountability and eliminate potential conflicts of interest in the system", more specifically to (from the committee report):
(2) Foster broad-based competition among vendors while ensuring accountability, fiscal responsibility, and efficiency in the procurement process and
(3) Increase public confidence in the integrity of the system."
In essence, DCCA is assisting Hawai'i PEGs in turning the true mission of PEG on its head, and assisting them in keeping the public out of the process. The entire process is wrought with appearances of conflicts of interest, which gives the appearance that DCCA could care less if the public has confidence in the integrity of Hawai'i state government.
Most of the spoken comments to date are from the PEGs' doomsday scenario script rather than from individuals taking their own time to read the documented facts and coming to their own conclusion. Had they done so, perhaps they would have formulated a more realistic opinion, like perhaps, though they appreciate the PEGs, perhaps there is always room for improvement, and then maybe provide some of their own ideas how to accomplish it. Instead they all fearfully sang "Eve of Destruction" when "Hey Jude" would be much more appropriate. Obviously, as predicted, the shepherds were successful in getting folks to defocus from potential improvements, leaving one with the unreal impression that things are perfect (e.g., "If it ain't broke, don't fix it"). This is not empowering the individual speaker by any stretch of the imagination.
Here is a short list of possible improvements that could occur through a competitive bidding process:
2) Contracts would have reporting requirements that are useful in determining successful fulfillment.
3) Transparency (sunshine law) would be required to ensure public scrutiny over their public funds, thus not allowing the waste of valuable time trying to hide potential mismanagement.
4) Facilitation of competition breeds innovation and excellence rather than apathy and acceptance of the status quo.
5) An immediate transition to as tapeless as possible.
6) access to more media, to include, but not be limited to, television, radio, basic computer training, 7) channel audio,
website creation, design & maintenance,
archived streaming media & creation training,
institute for media democracy,
media literacy training (understanding advertising, propaganda, reading between the lines, investigative reporting, etc., and how to effectively use all technologies in concert to disseminate message(s).)
mobile media lab with cameras, computers & satellite internet feed in a mobile studio like the C-SPAN Bus only better!
Media Delivery service (w logos all over @ vehicle) delivery of cameras, tripods, light kits, and laptops
Theater & arts facilitation (photography, computer & painted art gallery, outreach to actors, in studio LIVE plays etc.)
IBM PC & Mac platforms (possibly unix as well,
Free open source products utilized and trained on as a priority,
Access to all media communication related software including, but not limited to: Word Processor(s), Database, financial, graphics, 3D animation, audio, etc. all of which can be utilized as part of TV show creation &/or promotion.
8) A corporation prioritizing being ON the "cutting edge" rather than lagging as much as 10 years behind.
9) A self sufficiency plan other than we'll close the doors if the franchise fees disappear
10) It could provide for a corporation with a commitment to continue regardless of present barriers into perpetuity, rather than defining its existence as a perpetual "struggle".
11) wireless access as a goal
12) many more channel requests to TW for dedicated bulletin board, schedule, events info., etc.
13) stereo cablecast
14) mobile media lab(s) housing tv (mini studio capable) & computer equip to go to community events and shopping malls to display what's available.
15) Training tapes & booklets accessible online & on channels
16) Complete take home edit capability
17) Media grants of types to include, but not be limited to: (saved for bid)............
18) More client incentives, & awards
19) daily Blogs, including, but not limited to: programs in planning, production and premiering today!
20) Client chat room to share ideas, knowledge and tech tips.
21) Online technical support (for those using take home edit equipment etc.)
22) Online program archiving (on demand viewing)
23) Pod casting
24) A statewide video server serving all PEG programs to ALL islands.
25) Welcoming MANAGEMENT & Financial audits by the state auditor to ensure the legislative intent of PEG Access is fulfilled.
26) Robust website allowing for; viewing and making reservations online, more info on programs, links to client websites, etc.
27) More set design materials and equipment
28) A membership (rather than NON membership) corporation that gives you a voice in the future of access.
29) A truly independent nonprofit corporation run by its contributing members.
30) Rules and policies that truly ensure "first-come, nondiscriminatory" access.
31) PSAs to promote PEG channels & services, placed on channels other than PEG channels (all other TW channels).
32) Etc. (have to save some for the bid process. We don't want to show all of our cards.)
How to structure the RFP:
Something to take into consideration when reviewing spoken and written testimony as well as a potential fix for Hawaii's abhorrent educational institutions' record (for those interested):
It involves no effort of independent thought, and seems rational
because the teacher knows more than his pupils;
it is moreover the way to win the favour of the teacher unless he is a very exceptional man.
Yet the habit of passive acceptance is a disastrous one in later life.
It causes man to seek and to accept a leader,
and to accept as a leader whoever is established in that position.
Bertrand Russell
Jeff Garland
V.P., Community Television Producers Association
P.S. I just found out today (2/24/06) at 2 pm that 'Olelo is in possession of the tape from Kauai, and Ho'ike didn't air the tape until 2:21 today (with no end slate), so I respectfully request you extend the time for comment until one week after the tape airs at least once on all islands. If you decide to do so, please distribute the information to those that DCCA is sure will disseminate the information widely, and place a copy of the notice on the CATV website rather in the least accessible place they can find.
P.S.S. On 2/25/06 I noted that Maui's Akaku was in possession of the Kauai meeting tape and it was on their Xtv online video server as program # 532.
-------- Original Message --------
Aloha, ----- Original Message -----
Community Access Television State wide – Threatened & in
grave danger!
I need your help to protect and defend our one way to TV media. On all islands Community Access TV is serving grass-root communities. Building communities by providing opportunities to be creative, to share diverse stories and opinions. Our voices not provided by network television or print media. A venue for locally created television programs by regular people like you and me. All this could change drastically. This process could unintentionally destroying Access as we know it today. As a result of Cable franchise agreements over 15 years ago, not for profit Community Access organizations were formed to provide facilities and serve their local communities on each island. This was a national movement born of the FCC ruling that public rights of way franchised to profit organizations would provide benefit to the general public. PEG access was born. P=Public, E=Education and G= Government. However, across the U.S. Access organizations are under attack, separating PEG and stripping away the voice of “P”. In some areas of the country reducing community voices to a whisper in other areas, eliminating community voices entirely.
DCCA is seeking written testimony to determine… excerpts from DCCA document. The purpose: The Department of Commerce and Consumer Affairs (DCCA) Cable Television Division (CATV) is seeking to obtain the public’s general input and comments on issues relating to public access television services, whether the department should seek an exemption from the requirement that those services be procured through a competitive bid process and, If not, what requirements the department should include in any request for proposal.
Check DCCA web sit for full document or please send a written testimony via email to: cabletv@dcca.hawaii.gov by February 24th. Title the subject on your email: “Testimony Regarding RFP for PEG Providers.” -------------------------------------------------------------------------------------------------- Dissecting the Goose that Layed the Golden egg only produced a common Goose. The sum of the parts may not equal the same result. We have used access TV to share our stories of Sovereignty, oral history, values, water stories, the anti-annexation petitions, evictions, homelessness, marches, the importance of ‘Aina, the stories by & of our hero’s. We may not always agree but Community Access Television on all island has given us a voice. It has take community access television 15 plus years to get this far. So much more work needs to be done and an exemption allows continued growth. If the RFP is decided by the DCCA as the path to take, will our communities and our voice fall victim to further government or corporate control by limiting our access. Ps: My story begins in Makua, No Eviction Coalition, 60 families mostly Hawaiian living on the beach. The might of the State government targeting those least able to defend themselves. I kept hoping for the Knight in Shining armor to save us. What appeared was Independent producers from ‘Olelo Community Television with their camera and microphone, they gave us a voice and a face to the struggle. I was deathly afraid of speaking in public, the camera and microphone but was so angry at the Governor and DLNR the anger pushed me past my fear. They let us tell our story and with no editing other than a title and graphics we were able to tell our story, it all aired on ‘Olelo TV. The general public soon changed there opinion of our struggle. Opposition went quiet, those neutral turned vocal. After several years of struggle, we were still evicted, I was still arrested. We lost the battle. What I gained was a understanding and power of television. My weapon of choice is now a camera, microphone, editing and airing programs on Community Television. Sharing these tools with underserved communities is my passion. I believe this is the tool to use to win the war. Ten years ago I started my Access TV experience, it took two years to get into ‘Olelo’s training program back then. Although the services were, first come first serve, it didn’t serve communities like ours or people like me. Once certified I had to drive from Waianae to town to get equipment, go back to Waianae to video tape a community meeting, returning the equipment the next day. The editing process also required me to travel to town and spend countless hours learning and editing my community programs to air on ‘Olelo. At times we had to choose between food, gas or video tape. Fundraising for gas or tape became the norm but all our time was voluntary. Investing in our community, our nation. ‘Olelo as an organization has evolved and continues to adapt to the changing need of our community. We strive to help other organizations, departments, agencies and communities in any way we can to build a stronger community I now work for ‘Olelo community Television as a Community Developer. Six years ago helped develop the Waianae ‘Olelo Community Media Center and partnerships. Working to introduce media into communities around the island and beyond. Today, partnering with Waipahu Elementary with 20 languages representing a large number of Pacific Islanders. Waipahu HS & Middle schools developing media program and partnerships with community organizations. Mayor Wright Homes, Papakolea Community Association, Queen Liliuokalani Children Center, Alu Like partnering with ‘Olelo Community Television all thru media. Partnering to continue a youth Summer Media Program now in its 4th year. Communities have diverse needs and are at varied levels of readiness before they will embrace media as a tool to build community. I share this bit of my history, because the flexibility of ‘Olelo has allowed, a RFP may not. Services to our underserved and underrepresented communities are at risk. We need you help. We need your voice. Please Kokua. Write your thoughts and send them to the DCCA. Join us at the locations to give oral testimony. Call me if you have questions. Cel 352-0059, Hm 696-2823. Mahalo, Sparky
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Categories: Akaku, Assorted Shenanigans, Correspondence, HI Statues and Admin Rules, History, Hoike, News, Olelo
Wednesday, January 25, 2006
Statewide meetings regarding RFPs for PEGs
Aloha Mark,For the record:
I was shocked to see that DCCA has set up its meeting on Maui at Maui Community College, especially in light of what has been happening on Maui for the past year.. The appearance already is that you sympathize with MCC regarding PEG matters and have given them, as the lead in the "E" sector, an advantage to potentially acquire more unaccountable funds from franchise fees. You do so in spite of the HENC agreement saying that no HENC members will go after any cable franchise fees not otherwise committed to them.
"HENC and its representatives shall not initiate any activity intended to or that will result in HENC or its members receiving additional funding from cable franchise fees not otherwise committed to Hawaii educational institutions or other purposes, outside of the funds provided in this Agreement."Your CATV administrator and HENC advisory council member Clyde Sonobe appears to not have looked hard enough for a more neutral facility for the Maui meeting. Instead it appears he has intentionally given an unfair advantage to the "E" sector over "P".
I do hope DCCA is not involved in assisting Everett Dowling in setting up a nonprofit to bid on and receive Maui PEG franchise money.
I also noted in DCCA's Press Release regarding the statewide meetings that the examples given are relatively the same as 'Olelo & DCCA have continually used in their studies and assessments which are designed to make the corporations already in place look good, as well as DCCA for creating them. Putting forth examples that are intended to have coached speakers address the present takes focus off what the future should/could be. It also provides a platform for sheople to read their PEG provided scripts, as witnessed at the PEG Plan hearing. Lack of competition has hurt Hawai'i citizens in that the lack has essentially removed the will of the current corporation to improve or even keep up with "cutting edge" media creation and distribution, thus the public still has the minimum tools to distribute their message provided in a discriminatory manner. One only has to look at the numerous other PEG access corporations in the country that provide more access for less than 20% of the funds spent on Oahu to see how far behind DCCA has allowed state PEGs to lag.
The Community Television Producers Association of Hawai'i (CTPA) believes there should never be an exemption given to DCCA from HRS 103D regarding PEG Access nonprofit corporation contracts with the state. The bid process should be mandated to be "open bids" so the people can see how their money is proposed to be spent so they can comment throughout the process. Competition breeds innovation and excellence. Automatically renewing PEG contracts annually removes any incentive for improvement.
Sincerely,
Jeff Garland
Categories: Akaku, Assorted Shenanigans, Correspondence, HI Statues and Admin Rules, Hoike, News, Olelo, Opinions
Monday, December 19, 2005
HISTORY OF DCCA PROCUREMENT LAW VIOLATIONS ALLEGED
COMMUNITY TELEVISION
PRODUCERS
ASSOCIATION
1658 Liholiho St #506 - Honolulu HI, 96822
MEDIA RELEASE
CONTACT: ED COLL @ 808-246-2111 (Kauai)
coll@kauai.net
HISTORY OF DCCA PROCUREMENT LAW VIOLATIONS ALLEGED
Over $50 Million In Sole-source Contracts Involved
HONOLULU: MONDAY, DECEMBER 19, 2005 - The actions of the Community Television Producers Association (CTPA) have stopped the Department of Commerce and Consumer Affairs (DCCA) from obtaining an exemption from Hawaii State procurement law. At least eleven years of illegal contracts between the DCCA and the Public, Education, and Government (PEGs) access entities have been uncovered. Aaron S. Fujioka, Chief Procurement Officer for the State of Hawaii disapproved the DCCA exemption request saying these contracts were subject to the procurement code. The State Procurement Office (SPO) serves as the central coordinator of procurement statutes and rules for all governmental bodies of the State and its counties. Each County in the state has a PEG entity created by the DCCA over a decade ago, which include `Olelo on Oahu, Ho`ike on Kauai, Naleo on Hawaii, and Akaku on Maui. CTPA is an organization that was instrumental in establishing PEG access in the state.
Almost four weeks ago, CTPA members began pointing out several discrepancies found on a DCCA request for exemption from Chapter 103D, seeking to allow a sole-source designation for each PEG entity. Incorrect dates appeared on one application, where the closing date occurred chronologically prior to the opening date.
The exempted dollar amount DCCA was asking for was not half-a-million dollars as previously posted, but almost ten times that amount ($5,941,000).
The SPO will consider the period of violation to be from 1997-1999 contracts to June 30, 2006. During this time period, over $50 million worth of sole-source contracts have been issued in violation of procurement law by the DCCA and the Attorney General's office to these private entities, while no other non-profit or for-profit organizations were allowed to compete.
For years CTPA has questioned sole-source contracts with the DCCA-created 501c3 non-profits that are funded through state mandated cable subscriber fees. A CTPA member discovered several discrepancies in the DCCA request for exemption notice published on the State Procurement Office (SPO) website and reported the discrepancies to that office. Upon being made aware of these discrepancies, SPO rescinded the fast-track approval, reposted the request for exemption notice, and required a 7-day public comment period to begin from that date. This public comment period was extended an additional week after CTPA pointed out discrepancies in dollar amounts and dates. CTPA members immediately submitted comments. This time, SPO disapproved the exemption and directed that DCCA complete a procurement violation form explaining why the state agency violated state procurement law from 1997 until June 2006.
Apparently DCCA and the PEGs signed a new supplemental agreement prior to SPO disapproving the exemption extending the violations through the June 2006 date. The DCCA contract violations continue unabated. CTPA president, Ed Coll said, "This disapproval of exemption by the SPO may require DCCA to finally comply with state procurement law and use the Invitation for Bid (IFB) process, known as open bidding. If so, there are certainly competitors in Hawaii who will jump at the chance to bid on these contracts."
Currently, these PEG organizations have been funded to manage cable TV access channels, play back programs from users, and train the public to produce video programs. These funds are state mandated cable subscriber fees collected by the cable companies derived from 3% of their gross revenue. The entire cost is passed onto the cable TV subscribers as a franchise fee.
CTPA notes that `Olelo (Oahu's PEG) which receives millions in state mandated public dollars by the DCCA, disagrees with both the State Office of Information Practices (OIP) and Attorney General opinions that `Olelo must comply with the Hawaii Uniform Information Practices Act (UIPA) open records laws. Using their multi-million dollar budget obtained through DCCA's procurement law violations, `Olelo filed a lawsuit against OIP seeking exemption from UIPA open records provisions. "Although ironic, CTPA is not amused that `Olelo is using the public largess gained from DCCA contract violations to challenge the jurisdiction of OIP and exempt themselves from UIPA", Coll said.
- Read the original DCCA Request for Exemption and 12/12/05 SPO comment: http://hpam.hi.net/RFP4PEG/form07256.pdf
- For a complete chronology and archived original documents on this topic see: http://hpam.hi.net/RFP4PEG/
- Visit CTPA blog Persistence of Vision http://www.kauai.net/ctpa/
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Edited on: Monday, December 19, 2005 10:48 AM
Categories: Akaku, Assorted Shenanigans, HI Statues and Admin Rules, History, Hoike, News, Olelo, Opinions
Monday, November 28, 2005
Has DCCA PEG contracting procedures violated Hawaii state procurment laws?
Has the Hawaii State Department of Consumer Affairs (DCCA) practice of engaging in noncompetitive sole source contracts with nonprofit corporations the DCCA created (`Olelo, Akaku, Ho`ike and Naleo) a violation of Hawaii state procurement laws?
The possible violation came to light when the Community Television Producers Association (CTPA) discovered that DCCA was requesting an exemption from state procurement law, but had improperly noticed the exemption (in violation of state open records law) by not posting a copy of the notice of exemption request in an area accessible to the public, at least 7 calendar days prior to any approval. CTPA suspects the violation by DCCA was an intentional and covert attempt by DCCA to obtain this exemption, while not drawing public attention to past ongoing violations of the state procurement laws. The fast-track approval by the procurement office has been rescinded but DCCA has re-noticed the exemption request. Read all about this issue by clicking the link below.
Edited on: Monday, November 28, 2005 10:22 AM
Categories: Akaku, Assorted Shenanigans, HI Statues and Admin Rules, Hoike, Olelo
Monday, July 11, 2005
Laws Rules, and Procedures
Open Record Law Uniform Information and Practices (UIPA) CH 92fSunshine Law Chapter 92
Department of Commerce and Consumer Affairs (DCCA) Practices and Procedures TITLE 16 DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS CHAPTER 201 ADMINISTRATIVE PRACTICE AND PROCEDUS