I’ve read with interest the internal anguish of Hawaii County Councilwoman Jen Ruggles regarding the issue of Hawaiian sovereignty and whether or not she has the right to vote on Hawaii County Council issues. I believe that her decision to not vote is a violation of her oath of office.
The position of Hawaii County Council member includes obligations: “The legislative powers of the county shall be vested in the county council. Its primary function shall be legislation and public policy formulation, as distinct and separate from the executive administration of county government.” (Hawaii County Charter, Section 3-1.) To create public policy requires voting on legislation.
To qualify to run for the council, “A person must be a citizen of the United States of America and have been a duly qualified elector of the county for at least one year immediately preceding election or appointment to the county council. A person must also have been a resident and registered voter of the district from which the person is to be elected or appointed for at least ninety (90) days immediately preceding the primary election or the appointment.” (Hawaii County Charter, Section 3-3.)
Ruggles may also have a personal issue with voting for county, state, and federal offices in primary or general elections here in Hawaii, but she asked the people in her council district to vote for her, and they did. That request for votes which she got creates an obligation to her constituents.
The oath of office required by each newly elected council member is as follows: “I do solemnly swear or affirm that I will support and defend the Constitution of the United States of America and the Constitution of the State of Hawaii and that I will faithfully discharge my duties as County Council member to the best of my ability.”
Each person who wants to serve the public as a council member goes through an internal and external process: 1) a decision to place one’s self in the public venue, 2) obtaining a nomination package, 3) getting enough signatures to qualify for the ballot and paying the appropriate fees, 4) possibly raising money for a campaign, 5) campaigning in public via multiple media methods while explaining one’s reasons for running and what you intend to do, 7) getting elected, and finally, 8) taking an oath of office on inauguration day.
Once a person takes that oath, they have the authority to vote on council issues and the responsibility to vote. Barring illness or an emergency, each member is obligated to be at council and committee meetings and vote.
During my tenure on the Hawaii County Council, I witnessed multiple members who did not want to publicly take a side on controversial issues. They would leave the Council Chamber so as to not reveal to the public how they would vote. Those members abandoned their sworn duty to each citizen of their district. Constituents have the right to know how you vote and why. Hiding is not acceptable. Additionally, each member represents their constituents. If the member does not vote, their constituents have no representation on that issue.
Many times, I would listen to testimony from a Native Hawaiian who would come to the meeting and state that the County Council was illegitimate and should not be voting on anything. I understand and accept that the overthrow of the Hawaii Kingdom was illegal and that many Native Hawaiians still experience anguish over the situation. I truly sympathize, but I could not and no County Council member can fix this situation. It is a federal issue, and the county has no authority over federal issues.
I would respectfully refer that person to the U.S. Congress or the international courts. However, all of us are Americans, and we operate under U. S. laws. Council members swear an oath to defend both the U.S. Constitution and the Hawaii State Constitution. The Hawaii State Constitution established the counties and the county charters establish the councils. Therefore, it is a violation of the oath of office to not follow the federal or state constitutions and the Hawaii County Charter by refusing to vote after being elected.
Being a member of the council is no different than being in a marriage. Marital partners take oaths (vows) on several issues: fidelity, love, honor, in sickness and health, etc. If one partner cannot or will not keep their vows, the couple may choose to divorce. Council members take an oath as stated above. If a councilor cannot uphold their oath, then a separation from service to your constituents is necessary. In the business world, refusal to perform your duties indicates that you should seek other employment.
While I know Ms. Ruggles a little and respect her opinions and belief system, she cannot continue the disservice to her constituents by not voting. There are serious and life-threatening problems to solve in this county, such as the current damage from earthquakes, lava flows, and a hurricane, plus potentially more incoming hurricanes.
Ms. Ruggles promised to represent her constituents. It is not a matter of international, federal, state, or county laws. She took a personal oath to serve to the best of her ability, and she can no longer honor that oath.
Ms. Ruggles, with all due respect, please step down graciously and stop the turmoil for yourself, the council, and your constituents.
Brenda Ford is a resident of South Kona.
