"The first step toward creating an improved future is developing the ability to envision it. VISION will ignite the fire of passion that fuels our commitment to do WHATEVER IT TAKES to achieve excellence. Only VISION allows us to transform dreams of greatness into the reality of achievement through human action. VISION has no boundaries and knows no limits. Our vision is what we become in life." "Whatever it takes.” “No excuses, no explanations.” --- Tony Dungy with Nathan Whitaker, "Quiet Strength" Tyndale House Publishers, Inc., Carol Stream Illinois. 2007.

1. Judge Walter Meheula Heen “Charter is clear on Council's authority over HART”
June 29, 2011:
“As a former legislator and chairman of the Honolulu City
Council, I take serious issue with your editorial views that the
Council should "Allow rail authority to do its job" (Star-
Advertiser, Our View, May 23), and "Don't dilute HART's
authority" (Star-Advertiser, Our View, June 23).
Your reliance on the charter amendment, the referendum on rail,
and decisions of the past City Council are ill-advised, at best.
First off, I have remarked before and repeat here: Referendum
results are not written in stone. I believe all will agree that such
results are merely snapshots of public thought at a particular time.
The mayor has also weighed in, touting the charter amendment
vote and his more recent poll as bases for removing politics from
the issue of the Honolulu Authority for Rapid Transportation's
authority. I will touch on the charter amendment shortly; for now,
I merely point out that polls taken by the mayor are not
independent.
Moreover, I am aware of a recent poll taken by Pacific Business
News that shows a majority opposing the rail. I'm willing to bet
that a truly independent referendum conducted now would show
majority opposition to the rail system.
Finally, with regard to the mayor's column ("The whole point of
HART is to have it be independent of politics," Star-Advertiser,
Island Voices, June 26), I point out that everything is politics, and
politics is everything. The members of HART are, in law and in
fact, political appointees, and some are staunch political
supporters of the mayor.
Your reference to the decisions of previous Councils is not
supported by the reality — and legality — of government. Like all
other legislative bodies, this Council has complete authority to
overturn any and all decisions made by previous Councils.
The charter amendment unquestionably sets the overall policy —
that there shall be a Transit Authority with broad powers to
establish and operate a rail transportation system for Honolulu.
However, the amendment's language clearly undermines your
position that the Council lacks any authority over the HART
operations.

2. First, the charter question was "Shall the Revised City Charter be
amended to create a semi-autonomous public transit authority?"
(emphasis added). Simply put, the amendment never intended for
HART to enjoy complete autonomy. The Council maintains
authority over the HART operations as it does over the operations
of every city agency. That is simply fundamental government.
Second, the amendment provides that bond issues by HART must
be approved by the Council. That comports with Council
oversight and control over the city's fiscal operations and finances.
Finally, the charter requires HART to submit "a line-item
appropriation request for each of its proposed operating and
capital budgets for the ensuing year to the Council … and the
Council shall, with or without amendments, approve the
authority's appropriation requests." That provides further support
for the Council's ultimate control over HART operations.
Council members Ernie Martin and Ikaika Anderson are on firm
ground in maintaining that they have the authority to approve
the HART budget. In fact, they would have been derelict if they
had not challenged the mayor's contention that they have no
budgetary oversight in this matter.
The rise of Martin into the Council chairmanship proclaims,
loudly and clearly, the end of the city administration's attempt to
dominate the Council in matters regarding the Honolulu transit
authority. It should be clear that the Council will adhere to the
advice of the esteemed Nadao Yoshinaga: "Legislators must not
be like dumb, driven cattle!"
[Emphasis Supplied]
Source: Honolulu Star Advertiser
http://www.staradvertiser.com/editorials/20110629__Charter_is_c
lear_on_Councils_authority_over_HART.html?id=124687129
Fast forward to October 15, 2015,
REPORT OF HONOLULU AUTHORITY FOR RAPID TRANSIT PERMITTED
INTERACTION GROUP APPOINTED TO RECOMMEND CHARTER
AMENDMENTS
October 15, 2015

3. “Pursuant to Section 92‐2.5(b) of the Hawaii Revised Statutes, on
September 24, 2015, at a duly noticed meeting of the Board of
Directors, the Board established a permitted interaction group
(“Group”) consisting of Donald G. Horner, Ivan Lui‐Kwan,
Michael Formby1, Colleen Hanabusa, and Terrence Lee. The
purpose of the Group was to investigate and make a
recommendation regarding suggestions for potential amendments
to the City and County of Honolulu Charter Commission
(“Charter Commission”).
The Group makes the following recommendations to be presented
to the full Board of Directors as proposed submissions to the
Charter Commission:
TheBus, The Handi‐Van and rail should be under one
authority, separate and aside from existing entities2,
which will operate and maintain the three
transportation modes.
Source: Charter Amendment: HART to Take Over TheBus, Handi-
Van, Milk them to Cover Rail Operating Expenses. By Andrew
Walden, Hawaii Free Press. October 30,2015.
http://www.hawaiifreepress.com/ArticlesMain/tabid/56/ID/162
25/Charter-Amendment-HART-to-Take-Over-TheBus-Handi-
Van-Milk-them-to-Cover-Rail-Operating-Expenses.aspx
Conflicting and subversive interests by Michael Formby, HART Director and Director,
Department of Transportation Services, City & County Honolulu and HART Directors Donald
G. Horner, Ivan Lui‐Kwan, Colleen Hanabusa, and Terrence Lee to prey upon and milk TheBus
and Handi-Van ridership and finances to prop up and bolster the ailing and troubled HART.
1 Michael D. Formby, Director, Department of Transportation Services, City & County Honolulu
http://www.honolulu.gov/dts.html
2 TheBus and The Handi‐Van are privately managed by Oahu Transit Services Inc. that operates
the system under a public-private partnership with the City and County of Honolulu
Department of Transportation Services. [Department of Transportation Services, City & County
Honolulu, Michael D. Formby, Director http://www.honolulu.gov/dts.html]

4. TheBus and The Handi‐Van are privately managed by Oahu Transit Services, Inc. that operates
the system under a public-private partnership with the City and County of Honolulu
Department of Transportation Services.
The Oahu Transit Services, Inc.
J. Roger Morton, President & General Manager
Robert Yu, Sr. Vice President & Deputy General Manager
Herb L. Barboza, Vice President, Maintenance
Jerome L. Presse, Vice President, Planning & Marketing
Ralph E. Faufata, Vice President, Transportation
John L. Black, Paratransit Services
1,845 Men and Women of TheBus and Handi-Van Fleet
TheBus and Handi-Van Performance
http://www.thebus.org/Performance/..%5CPerformance%5CBus/Fixed%20Route%20-%20September%202015%20Performance.pdf
http://www.thebus.org/Performance/..%5CPerformance%5CBus/Fixed%20Route%20-%20August%202015%20Performance.pdf
http://www.thebus.org/Performance/..%5CPerformance%5CBus/Fixed%20Route%20-%20August%202015%20Performance.pdf
http://www.thebus.org/AboutTheBus/TheBustFacts14_1.pdf
RECOMMENDATION
Terminate the current HART Administration and operate the Honolulu Authority for
Rapid Transit as a public-private partnership with the The Oahu Transit Services, Inc.
Build the Rail, On Time – On Budget