Steven Nishimura, Kaua‘i’s Democratic party chair, said Foster Ducker, one of the applicants for the party’s nomination, was also in the voting committee that chose the three nominees. Nishimura said that it has been the Democratic Party’s long “understanding and
Steven Nishimura, Kaua‘i’s Democratic party chair, said Foster Ducker, one of the applicants for the party’s nomination, was also in the voting committee that chose the three nominees.
Nishimura said that it has been the Democratic Party’s long “understanding and general acceptance” that there are no rules prohibiting precinct officers from participating in the selection process.
On March 26, the presidents of the five District 14 precincts, plus two district councils and Wilson, the district’s chair, interviewed and voted on a list of eight applicants.
Ducker, Precinct 14-2 president, sat as a voting member and as an applicant.
“It came a little bit out of the left field for me,” he said. “I was sitting in the selection committee and all of a sudden I was sitting in front of the selection committee.”
Nishimura said a possible reason that there are no prohibiting rules is that such replacements don’t happen often.
“Our rules encourage participation,” he said.
Nishimura said there’s a need for a quorum. “You cannot eliminate anybody because in some cases you don’t have full representation.”
The constitution of the state Democratic Party requires a 40 percent quorum and the county party constitution requires a simple majority, according to Nishimura, who said the party adopts the county rules when such are stricter.
“The simple majority would probably end up in six or seven members,” he said. “I believe it came out to that count.”
However, Susan Wilson, the Democrats’ 14th District chair, said the rules require a 50 percent quorum, not a simple majority. Only four out of the eight voting members were needed, she said.
Wilson said “it definitely is OK” that Ducker was a voting member and an applicant for a party nomination; he did not have to recuse himself from the vote.
“There is no recusal rule, which is not unusual,” said Wilson, adding that the state party says “we are inclusive, and people who participate do get to vote.”
Wilson said it’s a “very fair” policy.
“This issue of recusal, I really don’t know why it’s been brought up when it has been a policy,” she said.
Wilson said a recusal from a vote is a “rarity” in county boards and on the County Council.
“Do you know what the rule is on the council?” she said. “The rule on the council is you just say, ‘Gosh I have a conflict of interest,’ and then you’re allowed to vote on it.”
However, council members have recently recused themselves from voting on at least four occasions.
In 2010 former Councilman Darryl Kaneshiro recused himself from voting on the Farm Worker Housing Bill. Councilman Derek Kawakami has recused himself from voting on the plastic bag ban in 2009 and an amendment to the ordinance moving through the council this year. Councilwoman Nadine Nakamura has recused herself from voting on a current planning resolution.
“Let me tell you, it doesn’t happen very often,” Wilson said.
Ducker said this may not have been his last venture into public service, but at this point he has no aspirations to seek office in future elections.
“This whole thing happened really fast for me,” Ducker said. “I’m a student at KCC, and a part of the Democratic Party for years. I was asked by people in the party to participate in the selection program.”
He said he didn’t expect to make the short list of three final nominees to the governor.
Wilson said there couldn’t have been a more participatory process.
“It’s how democracy works,” she said. “Nobody knew how that vote was going to come out.”
Wilson said the number of people who applied was higher than expected, but she could not reveal their names.
“We can’t reveal that,” she said. “We will not reveal that.”
The promise to protect the applicants’ privacy, she said, may have been helpful to encourage people to participate.
