Showing posts with label Jimmy Tokioka. Show all posts
Showing posts with label Jimmy Tokioka. Show all posts

Monday, February 7, 2011

THINKING INSIDE THE ENVELOPMENT

THINKING INSIDE THE ENVELOPMENT: Leave it to a joke-of-a-legislator like Jimmy Tokioka to introduce a joke-of-a-bill to take care of a no-joke problem.

The matter of guide books that list places from which we routinely have to drag dead tourists isn’t new. It’s been the subject of many more than a handful of county council discussions over the past decade or so with emergency room Dr. Monty Downs leading the way in pushing the Kaua`i Visitors’ Bureau (KVB) to get off their duffs and put pressure on the authors to de-list the most demonstrably dangerous locations after his umpteenth time of having to go out and “inform” an Ultimate Guide Book-clutching family that their loved one(s) didn’t make it.

Admittedly the way to go about fixing it isn’t passing a law to allow lawsuits against writers if they irrelevantly include instructions that urge trespassing in some kind of absurd end run around the actual problem.

But nonetheless it’s a subject which predictably brought out the usual gang of sociopaths, blaming the victims and assuring us that they would never be so stupid- while giving evidence to the contrary with every post.

We invite them- and the two “newspaper” editors who predictably screamed about first amendment rights- to call Dr. Downs. We’re sure he’d be happy to invite them over to the hospital next time the ambulance is on the way so they can watch him pull the sheet over a bloated corpse that was a vibrant individual an hour before. Perhaps he’ll let them inform the family.

Of course we wouldn’t think of criticizing something without offering a solution.

We’ve been hypercritical of the obscene amount of money that the county council throws at KVB without any accountability just so they can be seen as providing money to the tourist trade- the old gush and flush.

So, our solution? Two words: bubble wrap.

That’s right, bubble wrap. We simply get the airlines to greet every arriving passenger and swathe them in bubble wrap.

And it need not be that cumbersome a process like piecing sections together with duct tape or something. With county funds the KVB could simply offer a contract for zip-up, reusable, bubble wrap suits, prefabricated and read to wear... off the rack so to speak.

We’ll still need legislation to force them to wear them at all times but at least that kind of law would address the issue head on. Of course we’ll have to exempt those with a local driver’s license since we never do stupid things.

Or maybe KVB could publish a warning list of dangerous specific references in specific guidebooks and distribute them to deplaning visitors. Afterall, the answer to free speech is more free speech.

Nah, that would be too easy. Besides they’re too busy finding ways to waste the money to keep a list like that. And it might pop the real bubble- the obligatory promotional impression given by the tourism industry that you can leave your caution at home because nothing bad could possibly happen in “paradise.”

Bubble-wrapping is the kind of creative thinking Kaua`i needs. We’re frankly surprised it hasn’t been proposed already at the anonymous dimwit roundtable, which is already in regress.

Monday, September 27, 2010

WAAAIT FOR IT.....

WAAAIT FOR IT.....: The Hawai`i Government Employee’s Association (HGEA) endorsements are out (thanks to Ian Lind for posting them) and they say more about Kaua`i in who and what doesn’t appear in them than what does.

Glaringly absent is any endorsement in the 15th House district where incumbent “Democrat” Jimmy Tokioka is facing off against Republican Larry Fillhart, the quotes around Democrat possibly explaining the endorsement.

Tokioka was a Republican before switching when he ran for Ezra Kanoho’s old seat and voted like one during his days on the Kaua`i County Council.

While Dee Morikawa in the 16th and Mina Morita in the 14th got the nods apparently Tokioka didn’t even get the “just because you’re a Democrat now” pick.

In the council race only four of the five incumbents running were deemed acceptable with buffoonish business shill Dickie Chang failing to make the grade for obvious reasons.

Less obvious was why former Mayor and Councilperson JoAnn Yukimura didn’t make the list while everybody’s darling- including the usual big-bucks special-interests- newcomer Nadine Nakamura along with former Councilperson Mel Rapozo getting a checkmark.

Is it a long standing grudge from her mayoral days when she tried to shake the county workers out of their slumbers or her more recent attempts to make everybody happy and so pleasing no one?

But the one thing missing from the Kaua`i endorsements- something that’s listed for all the other islands- is their recommendations for county charter amendments.

The reasons apparently is, incredibly enough, in an election that is five weeks from tomorrow the county has not finalize and announced the changes proposed by the Charter Review Commission.

A check of the CRC’s web page finds nothing, as does a check of the county’s elections page. To find the proposed amendments that will have apparently gotten final approval at today’s CRC meeting, one has to look at the agenda for the meeting since the last meeting minutes posted are those of July 26th.

It’s usually confusing enough to figure out what the charter amendments say and mean, as evidenced by last election’s trick question that removed the county’s “stricter than the state’s” sunshine guidelines under the guise of “conforming to the state sunshine law” (wmphasis added).

If this year’s questions don’t appear soon in the “newspaper of record” soon we’ll be doing their job for them again later this week- notwithstanding the way they hilariously and inappropriately editorialized this weekend about how they:

continue to utilize our resources to the best of our ability in our ongoing effort to hold our elected officials and other powerful players accountable (and) recognize the wide-ranging role the local newspaper plays in the community and we consider this responsibility of utmost importance.

Between the county and the local newspaper it’s apparently a race to the bottom to see who can best keep us un and ill-informed.

Thursday, September 2, 2010

DON’T VOTE FOR TOKIOKA, SAGUM OR KOUCHI FOR STATE LEGISLATURE OR INOUYE FOR US SENATE

DON’T VOTE FOR TOKIOKA, SAGUM OR KOUCHI FOR STATE LEGISLATURE OR INOUYE FOR US SENATE

(PNN) -- Jimmy Tokioka (State House 15th), Roland Sagum (State House 16th), Ron Kouchi (State Senate 7th) and Daniel Inouye (US Senate) are some of the most objectionable reprehensible people on the Kaua`i ballot and we urge voters to vote for their opponents in the Democratic Primary September 18.

While their opponents- Rhoda Libre (House 14th) Dee Morikawa (House 15th) John Sydney Yamane (Senate 7th) and Andy Woerner (US Senate)- are unknown quantities and we can’t really say they would support the issues we hold dear or be great legislators but they certainly cannot be or do any worse.

Tokioka- a former Republican councilmember who opportunistically switched parties when he ran for the legislature- is a racist philanderer who has been a thorn in the side of the controlled growth, progressive community for more than a decade. Among his other offenses at the legislature was his obstinate opposition to civil rights during the civil unions debacle.

Sagum is a developer who also opposed civil unions and recently even represented the owner of infamous north shore mansion “farm dwelling” before the planning commissions.

Kouchi has had a long history on the council, leading the land-rape efforts during the 90’s- before acknowledging his shameful actions, claiming he had “reformed” when he ran for mayor- then moving on to represent the latest developer of the old Westin property in a huge zoning giveaway disguised as a gift of un-developable coastal land to the county.

Inouye, the old war monger, needs no introduction to those who have opposed his single handed militaristic buildup in Hawai`i for many decades. He’s been a mainstay in the theft of Hawaiian lands for generations and a key cog in the genocide. Twenty years ago he led the Democratic effort in the senate to ignore Ronald Reagan’s Iran contra involvement.

Libre, Morikawa, Yamane and Woerner have given us a choice. Let’s take advantage of it.

Tuesday, May 4, 2010

TIME

TIME: The time elapsed since our piece last Friday hasn’t done anything to help us figure out how to sort out the reasons for- and thereby find a way to communicate- the conflation of civil unions and same gender marriage- or more actually “same ‘sex’ marriage” as opponents say, preferring to use the much more emotionally-packed term over the word that communicates a more neutral connotation.

Obviously there are the disingenuous who seek to confuse the issue given the knee-jerk reaction to the word marriage. But there are also the genuinely confused who are easily manipulated by the continual reference to marriage even after proponents gave up on full equality in addition to obtaining the enumerated rights conferred in civil unions.

The motives of some are transparently to deceive, such as those expressed in today’s local newspaper by the always conniving and smarmy Jimmy Tokioka who, when asked why he voted against civil unions responded that “state law indicates that marriage is valid only between a man and a woman” according to a paraphrase by the reporter who quoted Tokioka as saying:

“Again the concern from many is about ‘marriage’ — an issue that, if the Supreme Courts should ever opine, would make it clear what the separation of church and state actually means in regards to ‘marriage.’

“Until then Hawaii Revised Statutes clearly spells out the issue of marriage being between one man and one woman.

But then there are also those that allegedly responded to Tokioka’s manipulation after:

In addition to polling constituents via U.S. mail, Tokioka also sent out e-mails to constituents that read in part: “I hope you know that this issue was very difficult for me and I believe many others to make.”

They naturally repeat what they read and hear and probably, through no disingenuity on their part, actually believe that the bill is still a “same sex marriage” measure.

So why do we rehash this?

We assume a veto is in the cards having watched Unified Commander Lingle in action for almost eight years. And that means that we have to do one of two things.

The first option is to stop allowing those in the media to perpetuate the confusion and include in every reference to “same sex marriage” in an article about cavil unions a distinction between the two as a factual matter.

If every time they did it- which has been every day since passage and will most likely be every day until the veto- they got a handful of letter reminding them of the facts of the matter it would at least end the reinforcement through repetition- or “the big lie” as it’s called.

But we’ve got to wonder if it’s too late and the conflation has taken hold to the extent that it’s irreversible.

We’ve been speaking to some proponents over the last few days and it’s becoming apparent that with the failure during this two-year legislative cycle- as well as the one before- there’s a movement to play the final card... filing suit, the second possibility.

Although the makeup of the Hawai`i Supreme Court has changed since the early 90’s decision saying that denying same gender marriage was unconstitutional- which led to the 1998 constructional amendment allowing the legislature to restrict marriage to a man and an woman- the basic premise is the same.

The decision was based on the fact that the actual rights conferred to two people in a marriage were- and now are still- unavailable to some and the only difference is gender- a protected class under the Hawai`i state constitution.

Some say that after eight years of Republican Lingle’s appointments we should follow a “don’t ask, don’t tell” attitude toward the supreme court.

The question is whether we can we count on supposedly sober jurists to make the distinction. Whether or not may not matter as much as the answer to the question of how much longer we’re supposed to wait for civil rights.

For the past 12 years we’ve reluctantly given up on the fight for the word “marriage” and taken a “give the babies their bottle” approach. But that doesn’t mean we have to give up the milk even if we have to use a sippy cup to enjoy it.

Friday, April 30, 2010

LET THE GOOD GUY WIN EVERY ONCE IN A WHILE

LET THE GOOD GUY WIN EVERY ONCE IN A WHILE: The “last minute” maneuver in the state house to pass the civil-unions bill- HB 444- was still quite a shock to the system despite the fact that we’d heard that a massive push was underway by civil rights activists in Honolulu including some pretty intense one-on-one lobbying of house members by those with access.

Process geeks like us can check out Derrick DePledge’s blow by blow live twittering to find out how it came down.

It was aided by, if there’s such a thing within a legislative body, a grassroots effort by a handful of house members that greased the skids on promoting access and putting their own time and effort into convincing their colleagues to force the vote.

Next time you see Mina Morita give her a hug.

But what strikes us is the brilliant political move of the activist in letting the sleeping dog lie as the session wore suckering the bigots and religious zealots into complacency and do their work under the radar.

Now for the next six months we’re going to hear the big lie that’s becoming the popular rallying cry for many of the wing-nuts and, well, nut-case groups in general... that they are some kind of overwhelming majority even when their ranks are far outnumbered.

Whether it’s the same 18% (in a NY Times poll) of the populace that makes up the tea partiers- the same percentage that supported the war criminals by the end of the last administration- who bafflingly maintain they speak for the majority or the dog ladies on Kaua`i who claim “everybody” wants to engage their dirty smelly mutts when they go down to the ocean (and designed a push survey to prove it) it’s the latest in bogus lobbying through lies.

If you don’t have the majority on your side, just say you do over and over and get the press to report that you said it in their “he said she said” coverage.

Which is why we’ve got to make sure that if the homophobic lobby is going to try to make the November election about this we’ve gotta make sure we turn out and both support those who supported civil rights and replace those who didn’t- or keep those new candidates who don’t on the outside.

Here on Kaua`i the no votes came from the always bigoted Jimmy Tokioka and his west side cohort Roland Sagum. We can only hope good candidates will come forward to challenge them.

But assuming a Lingle veto- meaning we’d have to start from scratch in 2011- we’re going to need someone to sign the bill next year and that leaves only Neil Abercrombie.

Most know that Duke Aiona is generally one of the worst religion-addled ass-wipes around. But fewer know that the corrupt Mayor of Honolulu Mufi Hannemann opposes civil unions too.

Candidates aside our most daunting task will be to make sure that the other big lie- that civil unions are somehow related to same gender marriage- is put to rest by November... and that includes whenever some well meaning pea-brains like Jerry Burris conflates them as he did in today’s Honolulu Advertiser... just as columnist Dave Shapiro did as we mentioned last week.

Whatever Ms. Ding-a-Lingle decides to do we’ve go our work cut out for us on this one.

Thursday, February 4, 2010

POND SCUM VS. TOXIC SLIME

POND SCUM VS. TOXIC SLIME: The state house’s disgraceful action in denying civil unions was made more unpalatable by the repugnant voice vote that tried to hide their positions.

But while most just accepted the bamboozle of many of the assorted scumbags, one reporter, Adrienne LaFrance of Honolulu Weekly (thanks to Larry Geller for the heads-up) took it upon herself to find out who voted which way by a simple method – she asked them.

Of course North Shore Representative Mina Morita had the strongest statement of all as to why she opposed the vote to indefinitely postpone action saying:

“I voiced my ‘no’ to the motion… To say that I am disappointed and ashamed on what happened on the House floor would be an understatement.”

That was obviously a truncated version a post on her new blog which said:

The vote on House Bill 444 has been postponed indefinitely. To say that I am disappointed and ashamed on what happened on the House floor would be an understatement. I believe the public, whether one was for or against civil union, deserved a definitive closure on this issue. I have been clear where I stand on this issue. I support civil unions. The posturing on this bill, by not correcting a defective date and all the procedural maneuvering, has been shameful. We were not leaders today.

As to the other two Kaua`i reps, well known bigoted racist Jimmy “Can’t keep his pants on” Tokioka was at least straightforward in his assholedom saying simply

“I voted yes.”

But of course we knew he would based on his opposition last year.

For the worst in mealy mouth bullsh-t responses we’ve gotta give the prize to West Side Rep. Roland Sagum. After voting against the original bill last year he had the nerve to say:

“People in the gallery wanted a roll call but it went down as a voice vote. It wasn’t because we are trying to hide anything… I don’t want to tell you, though. I’m trying to honor the process.”

Can we please do something about ditching these two embarrassments next November? Somebody... please... if you live in one of those two districts run for the state house. These guys have had a free pass long enough.

Monday, August 10, 2009

WHEN DARRYL COMES MARCHIN’ HOME

WHEN DARRYL COMES MARCHIN’ HOME: Prominent Kaua`i attorney Warren Perry is suing his brother, Kaua`i Police chief Darryl Perry for defamation in a real head-scratchier for those who followed Perry’s path to the top cop job according to an article in today’s Honolulu Advertiser.

Seems that, according to Warren’s lawsuit in 5th Circuit court on Kaua`i

Darryl Perry, Eugene Perry, Antone Perez Perry and others filed a groundless complaint with the Hawai`i Office of Disciplinary Council accusing him of concealing the fact that he used insurance settlement money to make repairs to a Perry family estate home in Lawai, Kaua`i, that was damaged by Hurricane Iwa in 1982 and Hurricane Iniki in 1992.

In his lawsuit against Darryl and the other Perry brothers, Warren Perry claimed the "frivolous ODC" complaint was leaked to the Kaua`i County Council in 2007, ruining his chances of becoming Kaua'i's (sic) county attorney.

Warren Perry said he had to decline a second offer, in 2008, to become county attorney because of the allegations contained in the ODC complaint.

The lawsuit came to light when Allstate Insurance Co. filed a case in U.S. District Court saying “that it should not have to pay the legal costs of Kaua`i Police Chief Darryl D. Perry in defending himself in a defamation lawsuit” according to the article.

During the KPD scandals in the early to mid ‘00’s--

...from Darryl Perry’s bitter defeat by KC Lum for the Chief’s job, opened up specifically for Perry when Mayor Marianne Kusaka forced Chief George Freitas out by buying him off with a huge “settlement” after he beat her trumped up charges,

...through the attempted and failed removal of Police Commissioner Leon “Angus” Gonsalves for making racist remarks about Lum (calling him “Hop Sing”), a feigned attempt forced by public pressure upon the late Mayor Bryan Baptiste and the county council,

...through the Ethics Board “trials”- many say on Perry’s behalf- of Police Commission Chair Michael Ching and Co-Chair Carol Furtado on phony charges of favoritism toward Lum, with allegations filed by Council Chair Kaipo Asing, who, although he filed the complaint on county council letterhead avoided a “trial” of his own on ethics charges by claiming he made a “mistake” in using council stationary and was actually filing as a private citizen,

...to the hiring of Perry after Ching and Furtado were gone from the commission and Lum was forced to resign to keep his pension when County Director of Finance- now Grove Farm VP in charge of lobbying the county- Mike Tressler threatened to illegally withdraw Lum’s contract,

-- Warren Perry was reportedly and observably one of the main operatives pulling the behind-the-scenes strings locally to insure his brother got, not just the job but revenge on those who opposed him.

Much of this is described in detail in the book KPD Blue, serialized here at Parx News Daily (linked on the right rail).

So it seems odd that Warren would be suing Darryl or that Darryl would have filed a disciplinary action against Warren after Warren had apparently been one of his main benefactors in obtaining the job of KPD Chief.

The only clue, if true, might come from an unsubstantial claim made in the comments section of the article.

And it’s a big “if”.

“LocalKineStyle”- who like others making comments on the article supporting Perry “registered” to comment at the Advertiser site only today- said in “fake pidgin”:

One thing else. Da chief neva file the ODC the complaint, one of ths sistas when do that.

How the commenter would know that if he or she isn’t party to the suit is unclear since OCA complaints are confidential unless and until a disciplinary action is taken..

Warren Perry is a long-time active member of the Republican Party, and a long time leader in the Royal Society of Kamehameha who served in the county attorney’s (CA) office more than a decade ago. New CA Al Castillo, a Democrat, was hired this year by the current all-Democratic mayor and council.

Warren’s name did not come up publicly either this year or when former Judge Matthew Pyun replaced Lani Nakazawa as the CA after Baptiste- a Republican- was re-elected and while two Republicans- both since turned Democrats (Jimmy Tokioka and Jay Furfaro)- served on the council.

It is not stated in the article exactly who “leaked” the OCA complaint to the council or if the council actually saw the document or were simply “informed” of it but, although it was never done publicly, it was presumably Darryl and/or one of the others named in Warren’s lawsuit who “told” them.

PNN will try to get hold of the lawsuit filings and, if possible, find out more about the ODC complaint but for now it certainly seems to indicate a falling out between Darryl and his family- to whom, he stated, he wanted to be closer when giving reasons for returning to Kaua`i... and whom he would seemingly be abandoning by moving back to Honolulu to take the Chief position at HPD, a job for which he applied a week or so back.

It remains speculative as to whether the suit has anything directly to do with Darryl Perry’s sudden “jilting of Kaua`i” after publicly indicating upon taking the Kaua`i job that he was home to stay until his retirement.

Friday, July 17, 2009

CANIS CANNABINOID CAPO

CANIS CANNABINOID CAPO: On January 30 this year we titled our post 2009: THE YEAR OF CANNABIS REFORM and detailed eight bills the legislature was considering that would, if enacted, end the insane way our state treats cannabis, especially our medical marijuana program.

But of course our Contadina legislature was too busy dodging votes on civil rights for gays and lesbians, secretly trying to raise campaign contribution limits and blocking pilot public financing of elections programs that they failed to get those eight great tomatoes out of that little bitty committee can.

The good news is that on Wednesday the legislature overrode a gubernatorial veto of a bill that “(e)stablishes a task force to examine issues relating to medical cannabis patients and current medical cannabis laws”- no thanks to Kaua`i Representatives Roland Sagum and Jimmy Tokioka who were among nine reps that refused to vote to override the veto.

The bad news is that it deals only medical marijuana, not our draconian and idiotic prohibitionist marijuana laws that cost us millions by incarcerating non-violent recreational pot smokers and are responsible for the violence and killing by organized crime outfits that proliferate due solely to the illegality.

More good news is that the task force- which, like the administration of our medical marijuana program is, unfortunately, administratively tied to the Department of Public Safety- provides for seats for many medical marijuana advocacy groups and individuals including:

- The Drug Policy Forum of Hawai`i which describes itself as the “ leading organization dedicated to safe, responsible, and effective drug policies” in Hawai`i. Their Drug Policy Action Group was instrumental in getting the task force law passed.

- The Honolulu Chapter of Americans for Safe Access whose web site says they are “the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research”.

- The West O`ahu Hope For A Cure Foundation, an AIDS advocacy group.

- The American Civil Liberties Union

- One medical cannabis advocate who is a patient that uses cannabis in a medically authorized or recommended manner to be appointed by the governor

- A physician who authorizes or recommends the use of medical cannabis that is nominated from a list jointly submitted by the senate president and speaker of the house of representatives to be appointed by the governor;

- A Hawaii-licensed physician who specializes in pain control and has issued a medical cannabis recommendation that is nominated from a list jointly submitted by the senate president and speaker of the house of representatives to be appointed by the governor;

-One registered caregiver to be appointed by the governor;

The five areas they will examine are also promising. They are charged to:

(1) Examine current state statutes, state administrative rules, and all county policies and procedures relating to the medical marijuana program;

(2) Examine all issues and obstacles that qualifying patients have encountered with the medical marijuana program;

(3) Examine all issue and obstacles that state and county law enforcement agencies have encountered with the medical marijuana program;

(4) Compare and contrast Hawaii's medical marijuana program with all other state medical marijuana programs; and

(5) Address other issues and perform any other function necessary as the task force deems appropriate, relating to the medical marijuana program.

They will have help on #4 with the provision that “(no) later than August 30, 2009, the legislative reference bureau shall complete and submit to the task force a report on the policies and procedures for access, distribution, security, and other relevant issues related to the medical use of cannabis for all the states that currently have a medical cannabis program”

The final report is due no less than 20 days before the 2010 legislative session.

One of the main goals of reformers, as we mentioned above, is to remove administration of the medical marijuana program from the Department of Public Safety- the department that administers the prison system- and get it into the Department of Health where programs in every other state with medical marijuana laws have their programs.

Right now our system is what local attorney Daniel Hempey called an unconstitutional violation of the medical privacy rights of patients while appearing yesterday on Joan Conrow’s and Jimmy Trujillo’s KKCR-FM radio program on cannabis reform.

The current set up is that local law enforcement maintain lists of people who qualify rather than having the Department of Health maintain the list and having police check with them if need be. That led to the actual release of the list to the press last year as we detailed last July.

Another must is a system for growing, procuring and distributing marijuana to patients. Other states such as California have actual stores where qualified patients can obtain their medicine.

Although in the past the federal government has harassed the distribution centers the new administration has eliminated those raids as part of ending the “war on drugs”. That makes moot one of the prime arguments used by local law enforcement in opposing such a distribution system.

Another thing people here on Kaua`i at least can do is work to defeat both Tokioka and Sagum in the next election. We hope there will be viable candidates to challenge them on this and many other issues, not the least of which is their opposition to the civil unions bill. We’ll be detailing their support for other regressive and oppressive right-wing nut measures as the 2010 election approaches.

For those on other islands the others who voted against the override were: Awana, Ching, Finnegan, Har, Ito, Manahan, and Yamane.

The non medical marijuana bills from the last session such as those for decriminalization and lowest enforcement priority are detailed in our “Year of Cannabis Reform” piece linked at the top of this article.

In an age when serious discussion is in the air on the mainland that may lead to complete legalization as a way to raise revenues through taxation it’s almost comical to see attitudes from local police departments and prosecutors opposing reform of our laws.

You would think they, like other law enforcement professionals across the nation, would wake up to the fact that it is the illegality itself that is lethal not the drug itself which has never directly caused a death.

(Parenthetically the current talk of legalization and taxation seems to be self-defeating. Presuming that any taxation scheme would include a ban on growing your own or trying to collect taxes on home grown, the whole idea of getting the criminality out of the mix would seemingly be defeated.)

Anyone seeking to assist in the task force effort can contact the Drug Policy Forum and anyone who thinks they might both qualify for and have the time to fill one of the patient, physician or caretaker positions can probably do the same or contact the appropriate appointing authority.

As it stands now we understand there aren't even any physicians on Kaua`i who will participate in the program because of the way it’s set up.

A program that is designed to alleviate pain and provide treatment for sick people has become laughable if not cruel and inhumane.

This is an opportunity we can’t afford to squander.

Saturday, January 17, 2009

KPD Blue- Chapter 24: The Return of K.C. Lum



KPD Blue

By Anthony Sommer

Chapter 24: The Return of K.C. Lum

Just when everyone thought K.C. Lum’s retirement as chief of the Kauai Police Department would end the most absurd chapter in the sorry history of Kauai County government, it got worse.

As he retired from the KPD, Lum announced he was a candidate for the County Council.

Figuring out exactly what happened next (why it happened is too obvious) from a wide variety of accounts, this appears to be the story:

On May 30, 2006, the Honolulu law firm representing Kauai County faxed a letter to Lum’s Honolulu attorney, Clayton Ikei, informing Ikei that the county had decided to cancel Lum’s contract as chief of police.

The letter also said Lum could serve as a lieutenant on the KPD if he wanted to remain on the force.

It directed Lum to contact Gary Heu, Baptiste’s administrative assistant, within a week to let him know Lum’s decision about the lieutenant position.

The law firm also sent copies to their client, Kauai County, including the mayor and the County Council. Ikei scanned the faxed letter and attached it in an email to his client, Lum.

Lum sent an email to Heu declining the offer and attached the letter from the county’s attorney. Or at least the version he received from Ikei.

Heu emailed Lum saying the letter Lum had attached in his email to him was not identical to the one the mayor’s office received from the county’s private attorney.

Missing were the two paragraphs about the offer of a lieutenant’s position.

Ikei, Lum’s attorney, admitted the mistake was his. In scanning the faxed letter from the county’s lawyer there was some overlap of the pages and the two paragraphs were covered up.

Lum immediately sent out corrected versions with the missing paragraphs restored. He sent the corrected version within two hours of sending the original version.

In the meantime, Lum announced he would be a candidate for the County Council.

The Council incumbents’ reaction reflected its natural tendency to retaliate harshly against its critics: Rule #1 includes “Punish Your Enemies.”

At the Kauai County Council’s June 15, 2006 meeting, Chairman Kaipo Asing went into one of his PowerPoint rants (which replaced his old blackboard chalk talk diatribes) accusing “someone” of tampering with a government document and publishing it on the internet to mislead the public.

The letter had been posted on an activist’s website—the version without the paragraphs that offered Lum a job if he would accept a demotion. It was widely read throughout Kauai. And it made the mayor and Council look bad.

What happened next probably was a result of the stupidity of the activist who posted the wrong version of the letter on the Internet as it was of the Council’s venomous attitude toward Lum.

It provided Council members an opportunity to lash out at Lum, who had the audacity to oppose them in an election.

And, at the same time, they could thump on an incredibly clumsy activist.

Asing completely ignored the fact that Lum had sent a correction to everyone as soon as he was aware of the mistake, and his attorney took the blame.

And he ignored the fact that the original letter from the county’s attorney had been in their hands from the start. So everyone knew what the entire letter said.

Nonetheless, the Council went into its anguish routine.

An editorial in The Garden Island newspaper gives a colorful account of the June 15 Council meeting:

“At that meeting Kaipo Asing, Jay Furfaro, Jimmy Tokioka and Mel Rapozo lamented the conspiracy of false information being foisted on the community by the posting of the document minus the paragraph, stating there was an open lieutenant position that Lum could apply for. Asing and his merry band were quite distraught at the blemish boiling to the surface on their untarnished reputations.

‘The council does everything right, and then people do something that is not right and we get blamed for it,’ Asing said.

“Tokioka hung his head low and sorrowfully said it was a shame that people would believe what they were reading.

“The media and the community are to blame for the council’s tarnished reputation, lamented Asing. He was utterly disgusted that uninformed residents were actually speaking their minds when the only true authority on everything is the council. It was at that same meeting Asing, upset at a member of the public for asking the question about whether there are any charges against Lum, replied, ‘We’re not here to answer questions, we’re here to take testimony.’”

But then it got nasty, also Standard Operating Procedure for Kauai’s County Council, which habitually retaliates with all the subtlety of a train wreck.

On Sept. 14, only a week before Kauai’s primary election, agents of the Hawaii Attorney General’s Criminal Division served a warrant on Lum, searched his house and two vehicles, and seized his computer and three hard drives.

Lum was informed he was being investigated on a charge of altering a government document. The charge supposedly had been filed by the Kauai County Council—in other words, the people Lum was running against in the election—and the affidavit providing probable cause for the issuance of the search warrant is believed to have been signed by Asing.

The search warrant specified the search was to be conducted on or before Sept. 23, which was Election Day.

Of course, “the media was alerted” by the incumbent Council members whom Lum was challenging.

And, of course, Lum lost the election.

On June 29, 2007, nine months after it was seized, the Attorney General’s Office returned the computer to Lum. Along with it came a letter informing him there would be no prosecution on the altering records complaint and that the case was closed.

There was no apology. The Republican governor had taken care of her Republican mayor on Kauai.