Tuesday, February 14, 2012


ASSORTED SECRET VALENTINES: Although those involved with events surrounding the harassment compliant and subsequent shakeup in the Kaua`i Police Department have been tight lipped as to the "result" of Tuesday's Kaua`i Police Commission executive sessions on the matter, the Kaua`i County Council will apparently get some kind of closed-door briefing their own selves tomorrow, if only a session with the county attorney discussing the legality of Mayor Bernard Carvalho Jr.'s "removal" of Police Chief Darryl Perry a couple of weeks back.

Apparently Perry, along with Roy Asher and Ale Quibilan- the two Assistant Chiefs Perry he put on leave the day before Carvalho's ax similarly fell on him- remain on paid administrative leave pending who knows what.

But the council has scheduled its own closed door briefing tomorrow with an agenda notice that reads:

ES-524 Pursuant to HRS sections 92-4, 92-5(a)(4), and section 3.07(e) of the Kaua'i County Charter, the Office of the County Attorney, on behalf of the Council, requests an executive session with the Council to provide the Council with a briefing on the Mayor's authority to exercise direct supervision over or discipline of the Chief of Police. The briefing and consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Council and the County as they relate to this agenda item.

But although the public will not be privy to what presumably County Attorney Al Castillo tells them, citizens will be permitted to public vent their frustrations, not just for the council's edification but for that of the viewing public.

Also on the agenda is an interesting little item that, although also scheduled for a clandestine confab, reveals that someone in the county has been busy with shenanigans of their own.

Communication 2012-52 requests council's "authorization to expend funds up to $50,000.00 to retain special counsel to represent the Board of Ethics in BOE 11-003 and BOE 11-004 and related matters."

And what exactly are BOE 11-003 and 11-004? According to the December 9, 2011 Board of Ethics agenda:

BOE 11-003 Letter dated 11/25/11 requesting the BOE to initiate an investigation into allegations that an employee or officer of the county has improperly used county resources

BOR 11- 004 Letter dated 11/25/11 alleging an employee or officer of the county has improperly disclosed information and used their (sic) position to secure a benefit, privilege or exemption for them selves (sic) or others

This of course could be anything from simple theft to abuse of power. But it could also have to do with the alleged misconduct, primarily in the Department of Personnel, regarding filings for sick and vacation leave, as we reported the day the story of the suspension of the two assistant chiefs broke.

Whichever it is, it will certainly be one to watch.

And, in a followup to the story of the closing of the Jailhouse Pub and Grill and how it will effects the county's efforts to somehow return the municipal Wailua Golf Course to it's "enterprise fund" status- essentially a place where the county at least breaks even on running it, money-wise- one problem, albeit apparently a political one, is that has been that the way because of the way the charter reads and how fee setting has "worked" since the golf course's inception.

Currently it is the council that sets the rates per round. But a public discussion of the matter has already been held and it's obvious that the council doesn't want to be held responsible for raising ridiculously low rates for seniors and youth- especially in an election year. Yet the county attorney has verbally opined that they are somehow stuck doing it due to charter provisions that disallow the administrative setting of the rates by the Department of Parks and Recreation- where the council would much rather the authority reside.

The argument is that the rates need changing over and over in order to find the "point of diminishing returns"- the place where the cost of a round will not discourage people from playing in Wailua rather than the half a gazillion commercial golf courses- thus finding the "just right price" to optimize revenue.

Why they need to do this in executive session is anyone's guess but apparently the verbal expression of the legal situation by Castillo wasn’t enough and so tomorrow they will be:

consult(ing) with the County Attorney regarding the Council's release of the County Attorney's written legal opinion dated January 17,2012, regarding the delegation of fee setting for Wailua Golf Course and related matters.

As usual all the "good stuff" tomorrow will be done in executive session. Although the Minotaur has departed the labyrinth, "Uncle Kaipo Potter's Council Chamber of Secrets" is alive and functioning well. There's an unsubstantiated rumor going around (spread by us) that they’re working on creating a banner- costing $5,000 and to be funded in executive session- saying "Under New Management."

Perhaps they can borrow a practically brand new one from the Jailhouse Pub and Grill.

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