Showing posts with label Mayoral succession. Show all posts
Showing posts with label Mayoral succession. Show all posts
Saturday, August 2, 2008
ISN’T THAT FLEA BAG DEAD YET?:
ISN’T THAT FLEA BAG DEAD YET?: Well it’s all over- except it isn’t.
In case anyone hadn’t heard Honolulu County Clerk Denise Decosta “disqualified” Kirk Caldwell from the Manoa Council race based on the decision we highlighted yesterday by State Election Chief Kevin Cronin.
Ian Lind did a masterful job - with one typo- in analyzing the whole thing this morning and the articles in the two Honolulu newspapers presented their version of the facts, with the Star-Bulletin even publishing a surprisingly accurate and on-point editorial about Cronin’s shenanigans and incompetence.
We won’t recount that and readers can review our and Ian’s posts over the past few days for a catch up.
But there are numerous ways that the leads in the papers proclaiming that, since Caldwell won’t challenge the ruling it’s all over, are probably anything but accurate prognostications..
Because the ruling by Cronin- upon which Decosta said she was forced to based hers- flies in the face of the actual law
HRS 11-117 says:
A candidate may withdraw not later than 4:30 p.m. on the day immediately following the close of filing for any reason and may withdraw after the twentieth day prior to an election for reasons of ill health. When a candidate withdraws for ill health, the candidate shall give notice in writing to the chief election officer if the candidate was seeking a congressional or state office, or the candidate shall give notice in writing to the county clerk if the candidate was seeking a county seat.
So a written withdrawal is required only for reasons of health. Apparently Cronin “erred” in the matter of law by saying Caldwell’s post-filing, written withdrawal was the only “official” way to withdraw
Cronin’s ruling was that Caldwell’s verbal withdrawal from his state house race before filing for county council was insufficient even though the Decosta’s office accepted it and apparently the state did too because they noted it on the official list after a phone call from the clerk’s office..
And another problem may be that Decosta was not really allowed to make the decision.
In a letter of challenge by Honolulu attorney Amy Mizono says
The Clerk must file a circuit court complaint whenever an objection “may” warrant disqualification
The elections statute requires the Clerk to file a complaint with the circuit court for a determination of an objection whenever the objection “may" warrant disqualification of a candidate. $ 12-8 (e), Haw. Rev. Stat. As such, the Clerk is not designed to be the final arbiter of whether a generally meritorious objection merits disqualification. Rather, the Clerk is charged with the statutory obligation to seek final determination in the circuit court whenever an objection "may" reasonably warrant disqualification.
So not only is the content of self-described “de facto” Election Chief Cronin’s decision wrong but Decosta- who in her “ruling” described a loosey-goosy deadline as the clerk’s office’s past policy - wasn’t even legally able to make the determination that the mainstream press has swallowed as the “final say” on the matter.
Perhaps the most insane part of yesterday’s events is Caldwell’s statement that he won’t challenge it all since he actually spurred the challenge by getting one of his own people to challenge his candidacy, supposedly in the public interest of sorting all this out. And now when we really need a ruling to avoid stupidity and confusion from reigning, he’s suddenly happy to leave “F” part of the SNAFU intact.
But for now, unless someone challenges it, Cronin’s head-scratching “what orifice did you pull that out of” determination is the “de facto” law of the land
And what concerns us on Kaua`i is how this late Friday afternoon series of events could effect our own mayor's race.
We’ll have to wait for Monday to ask County clerk Peter Nakamura but we’re not sure how this new requirement for a written withdrawal- submitted BEFORE filing for another office- will effect Councilperson and mayoral candidate Mel Rapozo.
Rapozo originally pulled papers for council on February 6 and officially filed them on Feb 22. But then he pulled papers for mayor on July 7 and filed them on July 22, the final day to file.
The question is did Rapozo withdraw in writing and did he do so before he flied for mayor?
The documents should be public information and should have date and time of receipt stamped. And if Rapozo is to stay in the Mayor’s race the Clerk should have two chronologically-successive, stamped documents, the first being Rapozo’s official written withdrawal from his council race and the next his filing for the mayor’s race.
Although the “official” list shows a “(w)” for withdrawn after Rapozo’s name on the list of council candidates, so did Caldwell’s name for his house race on the evening of July 22 after his verbal withdrawal. His “in writing” withdrawal- the one Cronin says is the only official one- came in July 23.
It seems that by law this has to go to circuit court and Decosta is required by law to file the case.
But if she doesn’t and Cronin’s and her decisions are allowed to stand- and the press plays dead as they did today- we can just imagine the game of chicken that will occur at the filing deadline for the next election
It’s 4:25 p.m.- five minutes to filing deadline Lined up at the counter stand multiple candidates with multiple filings for multiple offices and multiple withdrawal letters wagging and shoving their papers under the noses and screaming for attention from elections’ office staff while jostling each other and jockeying for positions both at the clerk’s desk and in elective office... all the while craning their necks to see what office or offices the other ones are filing for and withdrawing from.
When the music stops and they scramble for seats precisely at 4:30 p.m. they may have to figure out which office they finally wound up running for.
Conversation outside the clerk’s office at 4:31 p.m. Filing deadline day, July 2010
PNN- What’d ya’ll get?”
Candidate A- Oh! Look- State House!- just what I always wanted. I didn’t even know I filled out those papers. What’d you get?
Candidate B- (looking at paper) Prosecutor? I’m not even a lawyer.
Candidate C- Well you’d better go to law school quick because I thought I had prosecutor but wound up with county council because I didn’t get my mayor withdrawal in first.
Candidate D – Darn I got so confused I submitted the wrong withdrawal letter and now I’m not running for anything. But apparently I am somehow now entered in next year’s Brown Bags to Stardom.
Candidate E- Aw damnit- I wound up with Mayor- I’m gonna be sick
Candidate D – Oh good. If you’re sick then you can withdraw for health reasons and name me as your replacement. Lemme look in my wallet...
Candidate C Wait a minute Would you take an appointment to the planning commission and two other appointments for your cronies to be named later?
Candidate B- I’m out. All I got is all these filing and withdrawal papers and oh, look... the clerk’s office’s time stamp.
Candidate A- That’s ok guys- I’ll just make sure you all get appointed judges.
Head of the Chamber of Commerce- When you guys sort it all out gimme a call. I gotta know who to bribe next year.
In case anyone hadn’t heard Honolulu County Clerk Denise Decosta “disqualified” Kirk Caldwell from the Manoa Council race based on the decision we highlighted yesterday by State Election Chief Kevin Cronin.
Ian Lind did a masterful job - with one typo- in analyzing the whole thing this morning and the articles in the two Honolulu newspapers presented their version of the facts, with the Star-Bulletin even publishing a surprisingly accurate and on-point editorial about Cronin’s shenanigans and incompetence.
We won’t recount that and readers can review our and Ian’s posts over the past few days for a catch up.
But there are numerous ways that the leads in the papers proclaiming that, since Caldwell won’t challenge the ruling it’s all over, are probably anything but accurate prognostications..
Because the ruling by Cronin- upon which Decosta said she was forced to based hers- flies in the face of the actual law
HRS 11-117 says:
A candidate may withdraw not later than 4:30 p.m. on the day immediately following the close of filing for any reason and may withdraw after the twentieth day prior to an election for reasons of ill health. When a candidate withdraws for ill health, the candidate shall give notice in writing to the chief election officer if the candidate was seeking a congressional or state office, or the candidate shall give notice in writing to the county clerk if the candidate was seeking a county seat.
So a written withdrawal is required only for reasons of health. Apparently Cronin “erred” in the matter of law by saying Caldwell’s post-filing, written withdrawal was the only “official” way to withdraw
Cronin’s ruling was that Caldwell’s verbal withdrawal from his state house race before filing for county council was insufficient even though the Decosta’s office accepted it and apparently the state did too because they noted it on the official list after a phone call from the clerk’s office..
And another problem may be that Decosta was not really allowed to make the decision.
In a letter of challenge by Honolulu attorney Amy Mizono says
The Clerk must file a circuit court complaint whenever an objection “may” warrant disqualification
The elections statute requires the Clerk to file a complaint with the circuit court for a determination of an objection whenever the objection “may" warrant disqualification of a candidate. $ 12-8 (e), Haw. Rev. Stat. As such, the Clerk is not designed to be the final arbiter of whether a generally meritorious objection merits disqualification. Rather, the Clerk is charged with the statutory obligation to seek final determination in the circuit court whenever an objection "may" reasonably warrant disqualification.
So not only is the content of self-described “de facto” Election Chief Cronin’s decision wrong but Decosta- who in her “ruling” described a loosey-goosy deadline as the clerk’s office’s past policy - wasn’t even legally able to make the determination that the mainstream press has swallowed as the “final say” on the matter.
Perhaps the most insane part of yesterday’s events is Caldwell’s statement that he won’t challenge it all since he actually spurred the challenge by getting one of his own people to challenge his candidacy, supposedly in the public interest of sorting all this out. And now when we really need a ruling to avoid stupidity and confusion from reigning, he’s suddenly happy to leave “F” part of the SNAFU intact.
But for now, unless someone challenges it, Cronin’s head-scratching “what orifice did you pull that out of” determination is the “de facto” law of the land
And what concerns us on Kaua`i is how this late Friday afternoon series of events could effect our own mayor's race.
We’ll have to wait for Monday to ask County clerk Peter Nakamura but we’re not sure how this new requirement for a written withdrawal- submitted BEFORE filing for another office- will effect Councilperson and mayoral candidate Mel Rapozo.
Rapozo originally pulled papers for council on February 6 and officially filed them on Feb 22. But then he pulled papers for mayor on July 7 and filed them on July 22, the final day to file.
The question is did Rapozo withdraw in writing and did he do so before he flied for mayor?
The documents should be public information and should have date and time of receipt stamped. And if Rapozo is to stay in the Mayor’s race the Clerk should have two chronologically-successive, stamped documents, the first being Rapozo’s official written withdrawal from his council race and the next his filing for the mayor’s race.
Although the “official” list shows a “(w)” for withdrawn after Rapozo’s name on the list of council candidates, so did Caldwell’s name for his house race on the evening of July 22 after his verbal withdrawal. His “in writing” withdrawal- the one Cronin says is the only official one- came in July 23.
It seems that by law this has to go to circuit court and Decosta is required by law to file the case.
But if she doesn’t and Cronin’s and her decisions are allowed to stand- and the press plays dead as they did today- we can just imagine the game of chicken that will occur at the filing deadline for the next election
It’s 4:25 p.m.- five minutes to filing deadline Lined up at the counter stand multiple candidates with multiple filings for multiple offices and multiple withdrawal letters wagging and shoving their papers under the noses and screaming for attention from elections’ office staff while jostling each other and jockeying for positions both at the clerk’s desk and in elective office... all the while craning their necks to see what office or offices the other ones are filing for and withdrawing from.
When the music stops and they scramble for seats precisely at 4:30 p.m. they may have to figure out which office they finally wound up running for.
Conversation outside the clerk’s office at 4:31 p.m. Filing deadline day, July 2010
PNN- What’d ya’ll get?”
Candidate A- Oh! Look- State House!- just what I always wanted. I didn’t even know I filled out those papers. What’d you get?
Candidate B- (looking at paper) Prosecutor? I’m not even a lawyer.
Candidate C- Well you’d better go to law school quick because I thought I had prosecutor but wound up with county council because I didn’t get my mayor withdrawal in first.
Candidate D – Darn I got so confused I submitted the wrong withdrawal letter and now I’m not running for anything. But apparently I am somehow now entered in next year’s Brown Bags to Stardom.
Candidate E- Aw damnit- I wound up with Mayor- I’m gonna be sick
Candidate D – Oh good. If you’re sick then you can withdraw for health reasons and name me as your replacement. Lemme look in my wallet...
Candidate C Wait a minute Would you take an appointment to the planning commission and two other appointments for your cronies to be named later?
Candidate B- I’m out. All I got is all these filing and withdrawal papers and oh, look... the clerk’s office’s time stamp.
Candidate A- That’s ok guys- I’ll just make sure you all get appointed judges.
Head of the Chamber of Commerce- When you guys sort it all out gimme a call. I gotta know who to bribe next year.
Sunday, July 20, 2008
BRINGING IN THE PAPER
BRINGING IN THE PAPER: A rare Sunday release of candidate election filing information today dishes three new courses for our electoral dining pleasure in the form of a pig, a ham and for desert, a smart cookie.
The porker that officially filed for council Thursday is rip-snorting Ron Agor whom we mentioned the other day. He’ll try to replace the Republican rats who fled the Council ship like Jay Furfaro and Jimmy Tokioka with a true Bushie believer and unswerving member of Linda Lingle’s “unified command”.
We don’t even have to wait for the candidates’ debates and voter guides to know how disastrous Agor’s election would be but we’ll detail his black little heart’s desires as the September 20 primary elections approach.
The ham, as also profiled in today’s local newspaper is the nicest guy you’d ever want to meet, local Wala`au celeb Dickie Chang. But we’re sorry to report that beneath that glad handing veneer is a guy who apparently never met a developer hotel or tourism industry project he didn’t like.
Today’s interview reveals some eyebrow raising details such as his god-like devotion to our dearly departed babooze-in-charge Bryan Baptiste.
And, in a time where our practically sole economic dependence on the tourism industry’s plunging visitor numbers is bringing about a horrific scenario for our working families and where our 30 years of political sweeping of economic diversification under the rug, Dickie just seems blind to that.
He speaks of his 30 years working in the visitor industry which he has approached with uncommon zeal. But we hope that when he says
Tourism is a critical part of the economy, he said, noting the pinch residents felt by the departure of two cruise ships.
“In reality, that’s what keeps the engine ticking,”
He recognizes that as meaning we have to move away from that dependence in an era of exponentially higher air fares and cruise ships, not that we have to keep throwing good money after bad.
And another concern might be this statement::
But (Chang) also has plans to take care of those who are unable to attend the weekly meetings to provide input on bills.
Many residents feel more comfortable talking story one on one, he said.
“I would be a messenger ... a voice for the majority,” Chang said.
Hoo boy. Either Dickie doesn’t know or doesn’t care that those types of sentiments and words are almost identical to those originally used by now State House Representative Jimmy Tokioka when he was on the council, allowing him to disregard people who actually took the time and energy to come and testify on matters before the Council.
Many saw in Tokioka’s words and deeds at the time in this area as a not-so-thinly-veiled racist attack on what he was overheard to say were “all the haoles who show up” at Council meetings and how he would rather “go out and talk to the local people”.
If nothing else the sentiment allows politicians to have another excuse to ignore public input they might not agree with and make up some “silent majority” to justify their often repressive and regressive ideas and projects.
Say it ain’t so Dickie. We know you’re new to politics and government but if you’re going to use terminology that speaks volumes to the politically savvy on Kaua`i, you’d better read up on the glossary.
But in all of this muck and mire a diamond has appeared in the form of Kaua`i Librarian Lani Kawahara- not to be confused with the despicable former County Attorney Lani Nakazawa.
The good Lani served as the volunteer coordinator for State Senator Gary Hooser’s bid for Congress in 2006 and is doing the same this year for his so far uncontested bid for reelection. She has also worked as a legislative aide in his Senate office.
She would be the freshest of all breaths of air in this election should she win a Council seat. We urge anyone who wants good governance and accountability and genuine smarts to grab a sign and make sure she stands out above the fray in the next two months.
From there we turn a trio of same-old-crap candidates we failed to profile the other day, one of whom has filed and two whom we hope lose their papers if they are planning on turning them in by the Tuesday deadline.
The filer is business biggie and Chamber of Commerce and Kapa`a Business Association hack Bob Bartolo. Just what we need- another anything for a buck settler who owns three businesses and supports all the rest in their quest to make sure government serves the bosses and their private interests rather than the public interests of the working stiffs..
Then there’s Thomas Leighton former owner of Two Wheels motorcycle who, with his ex-wife Ann, was one of the beneficiaries of recent construction of the huge resort monstrosity across the street from Safeway.
He and his buddies are among those referred to when the council and mayors bemoan past lack of “use it or lose it” provisions.
That allowed Leighton and his developer cronies to sit on resort zoning for 25 some odd years and then develop their hotel without proper infrastructure in place, adding to those more recently permitted visitor destinations to make the mess we all grumble about every day.
When you sit in Kapa`a traffic thank Tom Leighton.
Then there’s Nancy McMahon, the Kaua`i State Archeologist who has been mostly responsible for the recent plethora of desecrations of Hawaiian burial sites on Kaua`i, especially those in Waipouli and Wainiha.
She was recently cited in a letter from the Office of Hawaiian Affairs to her Department of Land and Natural Resources bosses for lying to both the burial council and the Kaua`i Planning Commission regarding the law and the protection of “iwi kupuna”.
Here’s some of what Juan Wilson uncovered about her this past January when researching a project where burials had been found.
The archaeologist they are using yet again is, Nancy McMahon, who has been caught up in a law suit regarding her work with the State Historic Provision Division and the Burial Council.
"Nancy McMahon who was running a website advertising a 4x4 tour of ancient cultural sites as a side business, charging passengers of her excursion $150. On the website it says "Turn the clock back a thousand years on our Hummer expedition into Kauai's ancient rain forests. You will see historical sites; xperience the unforgettable feel of a rain forest, view spectacular waterfalls and secluded pools. See the lush tropical jungles the way ancient Hawaiians did." http://kauaihummersafari.com/
Some of these sites she gives tours on can only be accessed with use of 4x4 Hummer, off road vehicle.
Her business venture was exposed through a series of online blogs that began criticizing her work with the burial council and SHPD. Other allegations arose with other defendants including state workers, which the plaintiff says had pushed through reports to speed developments in getting past through the burial council and into the planning commission.
We urge anyone considering supporting McMahon to read Juan’s report in full.
And Mel Rapozo still hasn’t filed his papers for Mayor.
And a little birdie told us that it is unlikely that one of our favorites, long time and now fill- in Councilmember Darryl Kaneshiro will not be running for Council He, along with the dozens of people who would actually approach politics with real public service in mind rather than power and money mongering, says “why bother”.
That’s why one thing is for sure- we will get the government we deserve this year if we once again can’t tell private interest promoters from public interest servers.
The porker that officially filed for council Thursday is rip-snorting Ron Agor whom we mentioned the other day. He’ll try to replace the Republican rats who fled the Council ship like Jay Furfaro and Jimmy Tokioka with a true Bushie believer and unswerving member of Linda Lingle’s “unified command”.
We don’t even have to wait for the candidates’ debates and voter guides to know how disastrous Agor’s election would be but we’ll detail his black little heart’s desires as the September 20 primary elections approach.
The ham, as also profiled in today’s local newspaper is the nicest guy you’d ever want to meet, local Wala`au celeb Dickie Chang. But we’re sorry to report that beneath that glad handing veneer is a guy who apparently never met a developer hotel or tourism industry project he didn’t like.
Today’s interview reveals some eyebrow raising details such as his god-like devotion to our dearly departed babooze-in-charge Bryan Baptiste.
And, in a time where our practically sole economic dependence on the tourism industry’s plunging visitor numbers is bringing about a horrific scenario for our working families and where our 30 years of political sweeping of economic diversification under the rug, Dickie just seems blind to that.
He speaks of his 30 years working in the visitor industry which he has approached with uncommon zeal. But we hope that when he says
Tourism is a critical part of the economy, he said, noting the pinch residents felt by the departure of two cruise ships.
“In reality, that’s what keeps the engine ticking,”
He recognizes that as meaning we have to move away from that dependence in an era of exponentially higher air fares and cruise ships, not that we have to keep throwing good money after bad.
And another concern might be this statement::
But (Chang) also has plans to take care of those who are unable to attend the weekly meetings to provide input on bills.
Many residents feel more comfortable talking story one on one, he said.
“I would be a messenger ... a voice for the majority,” Chang said.
Hoo boy. Either Dickie doesn’t know or doesn’t care that those types of sentiments and words are almost identical to those originally used by now State House Representative Jimmy Tokioka when he was on the council, allowing him to disregard people who actually took the time and energy to come and testify on matters before the Council.
Many saw in Tokioka’s words and deeds at the time in this area as a not-so-thinly-veiled racist attack on what he was overheard to say were “all the haoles who show up” at Council meetings and how he would rather “go out and talk to the local people”.
If nothing else the sentiment allows politicians to have another excuse to ignore public input they might not agree with and make up some “silent majority” to justify their often repressive and regressive ideas and projects.
Say it ain’t so Dickie. We know you’re new to politics and government but if you’re going to use terminology that speaks volumes to the politically savvy on Kaua`i, you’d better read up on the glossary.
But in all of this muck and mire a diamond has appeared in the form of Kaua`i Librarian Lani Kawahara- not to be confused with the despicable former County Attorney Lani Nakazawa.
The good Lani served as the volunteer coordinator for State Senator Gary Hooser’s bid for Congress in 2006 and is doing the same this year for his so far uncontested bid for reelection. She has also worked as a legislative aide in his Senate office.
She would be the freshest of all breaths of air in this election should she win a Council seat. We urge anyone who wants good governance and accountability and genuine smarts to grab a sign and make sure she stands out above the fray in the next two months.
From there we turn a trio of same-old-crap candidates we failed to profile the other day, one of whom has filed and two whom we hope lose their papers if they are planning on turning them in by the Tuesday deadline.
The filer is business biggie and Chamber of Commerce and Kapa`a Business Association hack Bob Bartolo. Just what we need- another anything for a buck settler who owns three businesses and supports all the rest in their quest to make sure government serves the bosses and their private interests rather than the public interests of the working stiffs..
Then there’s Thomas Leighton former owner of Two Wheels motorcycle who, with his ex-wife Ann, was one of the beneficiaries of recent construction of the huge resort monstrosity across the street from Safeway.
He and his buddies are among those referred to when the council and mayors bemoan past lack of “use it or lose it” provisions.
That allowed Leighton and his developer cronies to sit on resort zoning for 25 some odd years and then develop their hotel without proper infrastructure in place, adding to those more recently permitted visitor destinations to make the mess we all grumble about every day.
When you sit in Kapa`a traffic thank Tom Leighton.
Then there’s Nancy McMahon, the Kaua`i State Archeologist who has been mostly responsible for the recent plethora of desecrations of Hawaiian burial sites on Kaua`i, especially those in Waipouli and Wainiha.
She was recently cited in a letter from the Office of Hawaiian Affairs to her Department of Land and Natural Resources bosses for lying to both the burial council and the Kaua`i Planning Commission regarding the law and the protection of “iwi kupuna”.
Here’s some of what Juan Wilson uncovered about her this past January when researching a project where burials had been found.
The archaeologist they are using yet again is, Nancy McMahon, who has been caught up in a law suit regarding her work with the State Historic Provision Division and the Burial Council.
"Nancy McMahon who was running a website advertising a 4x4 tour of ancient cultural sites as a side business, charging passengers of her excursion $150. On the website it says "Turn the clock back a thousand years on our Hummer expedition into Kauai's ancient rain forests. You will see historical sites; xperience the unforgettable feel of a rain forest, view spectacular waterfalls and secluded pools. See the lush tropical jungles the way ancient Hawaiians did." http://kauaihummersafari.com/
Some of these sites she gives tours on can only be accessed with use of 4x4 Hummer, off road vehicle.
Her business venture was exposed through a series of online blogs that began criticizing her work with the burial council and SHPD. Other allegations arose with other defendants including state workers, which the plaintiff says had pushed through reports to speed developments in getting past through the burial council and into the planning commission.
We urge anyone considering supporting McMahon to read Juan’s report in full.
And Mel Rapozo still hasn’t filed his papers for Mayor.
And a little birdie told us that it is unlikely that one of our favorites, long time and now fill- in Councilmember Darryl Kaneshiro will not be running for Council He, along with the dozens of people who would actually approach politics with real public service in mind rather than power and money mongering, says “why bother”.
That’s why one thing is for sure- we will get the government we deserve this year if we once again can’t tell private interest promoters from public interest servers.
Saturday, July 19, 2008
THE LABRADOR’S LABYRINTH
THE LABRADOR’S LABYRINTH: We now have a new administration on Kaua`i and though it was probably illegal for once and future Council Chair and current fleeting Mayor Kaipo Asing to delay taking office there is one thing that there’s no disputing if you read the Kaua`i County charter.
Kaua`i was without a Mayor for the 11 days between when Asing was “appointed” mayor and the day he took his oath of office.
While Administrative Assistant Gary Heu legally took office after the death of Mayor Bryan Baptiste, the Charter is clear on one thing- he ceased to be mayor when Asing was selected, no matter when Asing thinks he took office.
Section 7.06 of the Kaua`i County Charter states:
(I)n case of a vacancy in the office of the mayor, until a new mayor is appointed or elected, the administrative assistant shall act as mayor.
As we harped upon a few weeks back Asing and the County Attorney he carries around in his pocket gave some mumbo jumbo about the resignation from the council and swearing-in allowing him to apparently be both Council Chair and Mayor.
The charter makes it quite apparent that the new appointee becomes mayor upon the selection or “appointment” by the council but it does not state this in so many words
So of course when Kaipo “so sue me” Asing and his fellow Minotaur “Judge”- County Attorney Matthew Pyun saw that they could make up some cockamamie excuse to hold onto power long enough to allow Asing to pass legislation as a Council member and then sign it as mayor, they punched a hole in the wall, called it a loophole and dragged the county through it.
Apparently, according to Pyun’s First Deputy Harrison Kawate the Charter doesn’t count because “general practice” calls for something different than that which is described under the actual law.
The only excuse they didn’t use is that the Charter didn’t specifically require him to ask “mother may I’ before he took his baby steps between appointment and ceremonial inauguration before taking the giant one from the council chambers across the street into the dark recesses of the Round Building.
We did however hear a rumor that the decision was based on the lack a “Simon Says” provision in the Charter.
Even assuming this perversion of justice in the name of paternalism- Kaipo’s singular obsession- is legal or even moot now that the deed is done, the Charter is extremely clear that Hue ceased to be Mayor when Asing was appointed not when the appointee took office. It says “the administrative assistant shall act as mayor... until a new mayor is appointed”.
Unless Webster’s and our understanding of the word “until” is inaccurate the concept creates a timeline when something ceases to be true- in this case Hue’s `okole’s placement in the mayor’s seat.
So what? “What” is that any action by Heu during those 11 days is null and void for official purposes. And anyone effected by any official documents he might have signed may now consider them to be invalid.
The traditional secrecy and incompetence of the administration on Kaua`i may prevent us from ever finding out what official actions were taken in the last 11 days of the blink-and-you’ll-miss-it Heu administration but we will be reporting on our request for the information.
We’ll leave you with the apparent anthem of Kaua`i County Government http://www.youtube.com/watch?v=69b2Fcd4m5A
The Minotaur Song
by the Incredible String Band
Straight from the shoulder
I think like a soldier
I know what's right and what's wrong
He knows what's right and what's wrong.
I'm the original discriminating buffalo man
And I'll do what's wrong as long as I can
He'll do what's wrong as long as he can
I live in a labyrinth under the sea
Down in the dark as dark as can be
I like the dark as dark as can be
He likes the dark as dark as can be
I'll even attack you or eat you whole
Down in the dark my bone mills roll
Porridge for my porridge bowl
Porridge for his porridge bowl
I'm strong as the earth from which I'm born
He's strong as the earth from which he's born
I can't dream well because of my horns
He can't dream well because of his horns
Moo
I'm strong as the earth from which I'm born
He's strong as the earth from which he's born
I can't dream well because of my horns
He can't dream well because of his horns
A minotaur gets very sore
His features they are such a bore
His habits are predicta-bull
Aggressively relia-bull, bull, bull
I'm strong as the earth from which I'm born
He's strong as the earth from which he's born
I can't dream well because of my horns
He can't dream well because of his horns
I'm the original discriminating buffalo man
And I'll do what's wrong as long as I can
He'll do what's wrong as long as he can
Kaua`i was without a Mayor for the 11 days between when Asing was “appointed” mayor and the day he took his oath of office.
While Administrative Assistant Gary Heu legally took office after the death of Mayor Bryan Baptiste, the Charter is clear on one thing- he ceased to be mayor when Asing was selected, no matter when Asing thinks he took office.
Section 7.06 of the Kaua`i County Charter states:
(I)n case of a vacancy in the office of the mayor, until a new mayor is appointed or elected, the administrative assistant shall act as mayor.
As we harped upon a few weeks back Asing and the County Attorney he carries around in his pocket gave some mumbo jumbo about the resignation from the council and swearing-in allowing him to apparently be both Council Chair and Mayor.
The charter makes it quite apparent that the new appointee becomes mayor upon the selection or “appointment” by the council but it does not state this in so many words
So of course when Kaipo “so sue me” Asing and his fellow Minotaur “Judge”- County Attorney Matthew Pyun saw that they could make up some cockamamie excuse to hold onto power long enough to allow Asing to pass legislation as a Council member and then sign it as mayor, they punched a hole in the wall, called it a loophole and dragged the county through it.
Apparently, according to Pyun’s First Deputy Harrison Kawate the Charter doesn’t count because “general practice” calls for something different than that which is described under the actual law.
The only excuse they didn’t use is that the Charter didn’t specifically require him to ask “mother may I’ before he took his baby steps between appointment and ceremonial inauguration before taking the giant one from the council chambers across the street into the dark recesses of the Round Building.
We did however hear a rumor that the decision was based on the lack a “Simon Says” provision in the Charter.
Even assuming this perversion of justice in the name of paternalism- Kaipo’s singular obsession- is legal or even moot now that the deed is done, the Charter is extremely clear that Hue ceased to be Mayor when Asing was appointed not when the appointee took office. It says “the administrative assistant shall act as mayor... until a new mayor is appointed”.
Unless Webster’s and our understanding of the word “until” is inaccurate the concept creates a timeline when something ceases to be true- in this case Hue’s `okole’s placement in the mayor’s seat.
So what? “What” is that any action by Heu during those 11 days is null and void for official purposes. And anyone effected by any official documents he might have signed may now consider them to be invalid.
The traditional secrecy and incompetence of the administration on Kaua`i may prevent us from ever finding out what official actions were taken in the last 11 days of the blink-and-you’ll-miss-it Heu administration but we will be reporting on our request for the information.
We’ll leave you with the apparent anthem of Kaua`i County Government http://www.youtube.com/watch?v=69b2Fcd4m5A
The Minotaur Song
by the Incredible String Band
Straight from the shoulder
I think like a soldier
I know what's right and what's wrong
He knows what's right and what's wrong.
I'm the original discriminating buffalo man
And I'll do what's wrong as long as I can
He'll do what's wrong as long as he can
I live in a labyrinth under the sea
Down in the dark as dark as can be
I like the dark as dark as can be
He likes the dark as dark as can be
I'll even attack you or eat you whole
Down in the dark my bone mills roll
Porridge for my porridge bowl
Porridge for his porridge bowl
I'm strong as the earth from which I'm born
He's strong as the earth from which he's born
I can't dream well because of my horns
He can't dream well because of his horns
Moo
I'm strong as the earth from which I'm born
He's strong as the earth from which he's born
I can't dream well because of my horns
He can't dream well because of his horns
A minotaur gets very sore
His features they are such a bore
His habits are predicta-bull
Aggressively relia-bull, bull, bull
I'm strong as the earth from which I'm born
He's strong as the earth from which he's born
I can't dream well because of my horns
He can't dream well because of his horns
I'm the original discriminating buffalo man
And I'll do what's wrong as long as I can
He'll do what's wrong as long as he can
Friday, July 11, 2008
SNIFFIN’ IT OUT
SNIFFIN’ IT OUT: Our childhood hero liked to say, “we all know how painful that can be.”.
And so we were polled by SMS Research Wednesday night regarding politics on Kaua`i.
Boy did they get the wrong number.
There were four candidates on their list for mayor, including the three announced candidates and Ron Kouchi, who interestingly has not only not stated whether or not he is or is not running but has not, like Jay Furfaro, said he will not announce or has not decided what his decision will be.
We asked about Bruce Pleas and the woman said “who”?
So Bruce wasn’t conducting the polls. Though they would not identify who they were polling for we did ask if it was a commercial marketing or political poll and were strangely enough told marketing.
But it wasn’t about denture-paste or armpit-sweat.
Another question was if we were a Democrat, Republican or independent. When we said “Green” we were answered with “huh?”
“Green- like the Green Party, ya know?”
“Oh, independent.”
“No, Green. If you don’t put down Green I’m gonna put down the phone.”
“OK- Green.”
They obviously didn’t- or more likely couldn’t- pay her enough to deal with us.
The obligatory age, race and length of residency questions were also asked although interestingly enough there was no income question.
Anyway they did ask about the biggest “issues” but didn’t give multiple choices and rather asked us to fill in the blanks. We were up to issue # 8 before she told us that was enough.
That open-ended issue-identifying type question sounds, from our experience, more like an internal campaign type polling call but they said they were SMS and although the call was from an “unknown number” a callback did elicit an answer identifying “SMS”.
They also asked about the 2nd Congressional District posing Maize Hirono against perennial Republican candidate Roger Evans. Now it was our chance to ask “who?”
We thought then it might have been a Republican Party sponsored poll.
But to figure out who would be polling we really have to ask who can afford one. The first-asked Hirono question could have been a ruse to disguise the nature of the poll, something marketing companies routinely do to “throw off” the call recipient.... that’s why they get the big bucks.
We have to look to the war chests. JoAnn’s got one and Ron’s got one... and that’s it. Though this year’s filings aren’t in yet both could have around $20,000 based on 2007 numbers and past performance.
Mel’s appears to be barely solvent but he’s gonna get his especially if he keeps $1000 contributions from Washington D.C. lobbying PACa like the American Resort Development Association, unlike Kouchi and Shaylene Iseri-Carvalho who returned the money... although if he keeps getting fined for filing late like he did in 2007 he’ll be $50 poorer each time.
And Bernard’s gonna get more. But for a campaign that hasn’t raised a nickel to poll now doesn’t make sense. There're yard signs and brochures to print and cash-only media buys to lock-in.
But Joann’s been collecting a tidy bundle readying for 2010 since she re-entered politics in 2002. Could she be getting cold feet? Could she see the Council leadership changing and want to grab that as a stage for a 2010 run?
Whoever’s poll it is would have had to have ordered and paid for it before Monday’s Council Chamber performance.
It would make sense that that could be why JoAnn pressured Kaipo he way she did. If he had said he would run in the special election she could have ended the meeting by saying that in deference she wouldn’t challenge him, coming out rose-smelling and in line for the chair- especially if Mel and Shaylene were going bye-bye too- and a free-TV-promoted run in 2010.
The combination of the short mayoral term and the short fuse on the present economic downturn could doom the winner in a quick turnaround election especially if the winner has run on a platform of keeping the same incompetent appointed department heads- as all seem so far to be saying they’d do.
For anyone looking to 2010, the issue of “county government incompetence” is bound to be as central an issue as it is now for many Kauaians. It could look like pretty good pickin’s for anyone looking for to a wedge issue once the blinders come off and the current post-mortem gleam of the Baptiste administration fades.
Carvalho could just be unbeatable in this atmosphere and a loss for the ambitious could pin the loser tail on any donkey who fails in ’08.
Yukimura can only run and win as the anti-Baptiste candidate. If she is skilled enough it’s possible she can do it without driving away those who worshipped Bryan but who aren’t tied to anyone who has had a full time mayoral-appointed job for the 14 years since JoAnn left the mayor’s office.
Is she polling? Nah- it was Ron. He doesn’t just have a campaign war chest, he’s got a storage locker. He just wants to see if there’s any chance at all or whether to sit tight, collect more money and let the others beat each other up and wait a short two years..
-------------------
Honolulu Advertiser Capitol reporter Derrick DePledge is blogging again joining City Hall correspondent Peter Boylan at “The Notebook”. It’s a great place for the political junkie looking for background.
And so we were polled by SMS Research Wednesday night regarding politics on Kaua`i.
Boy did they get the wrong number.
There were four candidates on their list for mayor, including the three announced candidates and Ron Kouchi, who interestingly has not only not stated whether or not he is or is not running but has not, like Jay Furfaro, said he will not announce or has not decided what his decision will be.
We asked about Bruce Pleas and the woman said “who”?
So Bruce wasn’t conducting the polls. Though they would not identify who they were polling for we did ask if it was a commercial marketing or political poll and were strangely enough told marketing.
But it wasn’t about denture-paste or armpit-sweat.
Another question was if we were a Democrat, Republican or independent. When we said “Green” we were answered with “huh?”
“Green- like the Green Party, ya know?”
“Oh, independent.”
“No, Green. If you don’t put down Green I’m gonna put down the phone.”
“OK- Green.”
They obviously didn’t- or more likely couldn’t- pay her enough to deal with us.
The obligatory age, race and length of residency questions were also asked although interestingly enough there was no income question.
Anyway they did ask about the biggest “issues” but didn’t give multiple choices and rather asked us to fill in the blanks. We were up to issue # 8 before she told us that was enough.
That open-ended issue-identifying type question sounds, from our experience, more like an internal campaign type polling call but they said they were SMS and although the call was from an “unknown number” a callback did elicit an answer identifying “SMS”.
They also asked about the 2nd Congressional District posing Maize Hirono against perennial Republican candidate Roger Evans. Now it was our chance to ask “who?”
We thought then it might have been a Republican Party sponsored poll.
But to figure out who would be polling we really have to ask who can afford one. The first-asked Hirono question could have been a ruse to disguise the nature of the poll, something marketing companies routinely do to “throw off” the call recipient.... that’s why they get the big bucks.
We have to look to the war chests. JoAnn’s got one and Ron’s got one... and that’s it. Though this year’s filings aren’t in yet both could have around $20,000 based on 2007 numbers and past performance.
Mel’s appears to be barely solvent but he’s gonna get his especially if he keeps $1000 contributions from Washington D.C. lobbying PACa like the American Resort Development Association, unlike Kouchi and Shaylene Iseri-Carvalho who returned the money... although if he keeps getting fined for filing late like he did in 2007 he’ll be $50 poorer each time.
And Bernard’s gonna get more. But for a campaign that hasn’t raised a nickel to poll now doesn’t make sense. There're yard signs and brochures to print and cash-only media buys to lock-in.
But Joann’s been collecting a tidy bundle readying for 2010 since she re-entered politics in 2002. Could she be getting cold feet? Could she see the Council leadership changing and want to grab that as a stage for a 2010 run?
Whoever’s poll it is would have had to have ordered and paid for it before Monday’s Council Chamber performance.
It would make sense that that could be why JoAnn pressured Kaipo he way she did. If he had said he would run in the special election she could have ended the meeting by saying that in deference she wouldn’t challenge him, coming out rose-smelling and in line for the chair- especially if Mel and Shaylene were going bye-bye too- and a free-TV-promoted run in 2010.
The combination of the short mayoral term and the short fuse on the present economic downturn could doom the winner in a quick turnaround election especially if the winner has run on a platform of keeping the same incompetent appointed department heads- as all seem so far to be saying they’d do.
For anyone looking to 2010, the issue of “county government incompetence” is bound to be as central an issue as it is now for many Kauaians. It could look like pretty good pickin’s for anyone looking for to a wedge issue once the blinders come off and the current post-mortem gleam of the Baptiste administration fades.
Carvalho could just be unbeatable in this atmosphere and a loss for the ambitious could pin the loser tail on any donkey who fails in ’08.
Yukimura can only run and win as the anti-Baptiste candidate. If she is skilled enough it’s possible she can do it without driving away those who worshipped Bryan but who aren’t tied to anyone who has had a full time mayoral-appointed job for the 14 years since JoAnn left the mayor’s office.
Is she polling? Nah- it was Ron. He doesn’t just have a campaign war chest, he’s got a storage locker. He just wants to see if there’s any chance at all or whether to sit tight, collect more money and let the others beat each other up and wait a short two years..
-------------------
Honolulu Advertiser Capitol reporter Derrick DePledge is blogging again joining City Hall correspondent Peter Boylan at “The Notebook”. It’s a great place for the political junkie looking for background.
Wednesday, July 9, 2008
GET A MUZZLE
GET A MUZZLE: After hearing and reading about and getting rather rabid over Councilwoman JoAnn Yukimura’s politically suicidal meltdown during Monday’s special Council meeting to select a new Mayor we heard from someone who said maybe we- and the press- had it all wrong and unfairly portrayed the drama.
But after watching the meeting on TV it was perhaps more astonishing than reported because Yukimura had an opportunity for an “out” but persevered to clarify her self-serving insistence that Asing “declare (his) intentions” and pledge not to challenge her in the upcoming election.
After watching Yukimura’s first statement to open the post-public testimony part of the meeting we were thinking that maybe our friend was right.
She started out by reading an announcement of her own candidacy for the mayoral special election and actually stated that she herself would not be in the running for the temporary slot saying “it would be inappropriate” and would give her an advantage.
So far no problem. But then she went on to raise some eyebrows by saying “It’s about fairness in not giving any candidate in the special election an advantage.”.
Well still it could be interpreted as referring to her decision although it was getting close to the line of trying to set that standard for all.
Then she ended with a seemingly separate statement saying “I do want to encourage you Mr. Chair to consider the appointment.”.
Well if one wanted to be chartable you could look at it as two statements, one of which could be seen as a proclamation of her intent to run in the election and the other saying that rather than try to take an unfair advantage of incumbency she would support Council Chair Kaipo Asing for the five month temporary stint- leaving intimated but not stated that maybe he should consider not running in the election after taking the empty mayor’s job.
Then there was some discussion among councilmembers about whether others should choose one or the other-selection or election- but not both. Tim Bynum supported JoAnn’s thoughts but Mel Rapozo, Ron Kouchi and Shaylene Iseri-Carvalho said they disagreed with JoAnn saying essentially that everyone should be free to do either, both or neither depending on their aspirations. They all supported Asing’s selection in the upcoming vote.
At that point it was an issue on the table but far from being contentious it was a civil discussion on a real and politically core question of whether it would be “fair” to be temporary mayor and at the same time run in the election for the two year term.
We were beginning to wonder- did the press play this up too much- where was all the vexing and venom? Did the papers try to play it as a battle royal and somehow force Yukimura to apologize for something that could be seen as having been taken out of context- something she never meant?
But never underestimate Yukimura’s most persistently cited character trait- her inability to put the kibosh on the piehole and shut her yap.
So then came the words that perhaps doomed her campaign even before they stopped echoing in the Council chambers.
Looking directly at Asing and saying she would support him for the fill-in slot, in adamant and no uncertain terms she said “I will be voting with the understanding that you will not be running in the special election. We need to know what your intentions are.”
That was the opening Mel “the humble servant” Rapozo needed and he won the political play of the day award by “defending” Asing from Yukimura’s attack calling it “unfair” and “pretty selfish” and saying to Asing “I would encourage you not to answer the question”, convincingly espousing “shock, shock” that at a table of seven politicians choosing which one would move on to higher office that someone would stoop to playing politics.
We’re flabbergasted too....that someone like Mel could pull it off without himself and everyone else doubled over in laughter.
From there Yukimura once again compounded the blunder and again tried to defend herself by saying she had asked his intent “only out of a guideline of fairness I thought was appropriate”. begging the question that crystallized the situation- “fair to who? You?”.
Then Asing, speaking on the subject for the first time, either feeling or feigning a deep personal wound, gave a humble “et tu Brute” inspired speech saying things like “it’s almost like my integrity is at stake” and that it was “not fair to ask me to answer a question like that”.
He then went on to say he had already decided to run “one more time” for council before Bryan Baptiste’s death and saying to Yukimura in essence what we said yesterday- if she had waited to hear what he had to say or bothered to ask the clerk she’d know he had already filed his papers to run for Council again- and filed them after the Mayor’s death.
That brought a slew of comments including some tactful yet scathing attacks from Rapozo and tactless yet more personal and effective wounds from surrogate Iseri who really lit into her long time nemesis.
There was a reason Yukimura was described in the press as “viably upset” by the developments.
She “apologized” replete with emotionally-tinged long pauses every few words trying to find the words to apologize while even still combatively protesting that she “was trying to (long pause) show that (long pause) we need to follow (long pause) certain guidelines”, going on to say it was not her “intention to question (Asing’s) integrity” and that “it was not my intention to stop you from running for any office”
Some apology. I’m sorry, I didn’t intend to have this blow up in my face like an exploding cigar.
A couple of other notes. According to Iseri, Rapozo has also filed papers to run for council although presumably that was done before Baptiste’s death. Can you change your filing and run for mayor instead? We’ll be trying to find out.
And on the subject of the dual offices for Asing we described yesterday, one member of the public did bring up the plain meaning and words of the Charter indicating that, the person “selected” by the council becomes mayor at the moment the vote concludes and that the vote caused a vacancy on the Council as well as the mayoral slot.
However that was ignored, as are most things that question either the propriety or authority of Asing and “his” Council. Asing refused to recall the County Attorney to discuss the actual law, not just what “general practice” called for as the CA had previously based his analysis.
That’s galling to many especially given that this process was anything but routine and it’s described quite clearly in the Charter- which one would think trumps “general practice”
Why should we be surprised these day when administrators consider constitutions- whether federal, state or local- to be of use only in a “we ran out of toilet paper” emergency. Now that Kaipo is a true administration head his years of ignoring our county’s constitutional “Charter” as the “administrator” of the council have prepared him well for his new assignment- should he chose to accept it. This county will self destruct in 10 seconds
But after watching the meeting on TV it was perhaps more astonishing than reported because Yukimura had an opportunity for an “out” but persevered to clarify her self-serving insistence that Asing “declare (his) intentions” and pledge not to challenge her in the upcoming election.
After watching Yukimura’s first statement to open the post-public testimony part of the meeting we were thinking that maybe our friend was right.
She started out by reading an announcement of her own candidacy for the mayoral special election and actually stated that she herself would not be in the running for the temporary slot saying “it would be inappropriate” and would give her an advantage.
So far no problem. But then she went on to raise some eyebrows by saying “It’s about fairness in not giving any candidate in the special election an advantage.”.
Well still it could be interpreted as referring to her decision although it was getting close to the line of trying to set that standard for all.
Then she ended with a seemingly separate statement saying “I do want to encourage you Mr. Chair to consider the appointment.”.
Well if one wanted to be chartable you could look at it as two statements, one of which could be seen as a proclamation of her intent to run in the election and the other saying that rather than try to take an unfair advantage of incumbency she would support Council Chair Kaipo Asing for the five month temporary stint- leaving intimated but not stated that maybe he should consider not running in the election after taking the empty mayor’s job.
Then there was some discussion among councilmembers about whether others should choose one or the other-selection or election- but not both. Tim Bynum supported JoAnn’s thoughts but Mel Rapozo, Ron Kouchi and Shaylene Iseri-Carvalho said they disagreed with JoAnn saying essentially that everyone should be free to do either, both or neither depending on their aspirations. They all supported Asing’s selection in the upcoming vote.
At that point it was an issue on the table but far from being contentious it was a civil discussion on a real and politically core question of whether it would be “fair” to be temporary mayor and at the same time run in the election for the two year term.
We were beginning to wonder- did the press play this up too much- where was all the vexing and venom? Did the papers try to play it as a battle royal and somehow force Yukimura to apologize for something that could be seen as having been taken out of context- something she never meant?
But never underestimate Yukimura’s most persistently cited character trait- her inability to put the kibosh on the piehole and shut her yap.
So then came the words that perhaps doomed her campaign even before they stopped echoing in the Council chambers.
Looking directly at Asing and saying she would support him for the fill-in slot, in adamant and no uncertain terms she said “I will be voting with the understanding that you will not be running in the special election. We need to know what your intentions are.”
That was the opening Mel “the humble servant” Rapozo needed and he won the political play of the day award by “defending” Asing from Yukimura’s attack calling it “unfair” and “pretty selfish” and saying to Asing “I would encourage you not to answer the question”, convincingly espousing “shock, shock” that at a table of seven politicians choosing which one would move on to higher office that someone would stoop to playing politics.
We’re flabbergasted too....that someone like Mel could pull it off without himself and everyone else doubled over in laughter.
From there Yukimura once again compounded the blunder and again tried to defend herself by saying she had asked his intent “only out of a guideline of fairness I thought was appropriate”. begging the question that crystallized the situation- “fair to who? You?”.
Then Asing, speaking on the subject for the first time, either feeling or feigning a deep personal wound, gave a humble “et tu Brute” inspired speech saying things like “it’s almost like my integrity is at stake” and that it was “not fair to ask me to answer a question like that”.
He then went on to say he had already decided to run “one more time” for council before Bryan Baptiste’s death and saying to Yukimura in essence what we said yesterday- if she had waited to hear what he had to say or bothered to ask the clerk she’d know he had already filed his papers to run for Council again- and filed them after the Mayor’s death.
That brought a slew of comments including some tactful yet scathing attacks from Rapozo and tactless yet more personal and effective wounds from surrogate Iseri who really lit into her long time nemesis.
There was a reason Yukimura was described in the press as “viably upset” by the developments.
She “apologized” replete with emotionally-tinged long pauses every few words trying to find the words to apologize while even still combatively protesting that she “was trying to (long pause) show that (long pause) we need to follow (long pause) certain guidelines”, going on to say it was not her “intention to question (Asing’s) integrity” and that “it was not my intention to stop you from running for any office”
Some apology. I’m sorry, I didn’t intend to have this blow up in my face like an exploding cigar.
A couple of other notes. According to Iseri, Rapozo has also filed papers to run for council although presumably that was done before Baptiste’s death. Can you change your filing and run for mayor instead? We’ll be trying to find out.
And on the subject of the dual offices for Asing we described yesterday, one member of the public did bring up the plain meaning and words of the Charter indicating that, the person “selected” by the council becomes mayor at the moment the vote concludes and that the vote caused a vacancy on the Council as well as the mayoral slot.
However that was ignored, as are most things that question either the propriety or authority of Asing and “his” Council. Asing refused to recall the County Attorney to discuss the actual law, not just what “general practice” called for as the CA had previously based his analysis.
That’s galling to many especially given that this process was anything but routine and it’s described quite clearly in the Charter- which one would think trumps “general practice”
Why should we be surprised these day when administrators consider constitutions- whether federal, state or local- to be of use only in a “we ran out of toilet paper” emergency. Now that Kaipo is a true administration head his years of ignoring our county’s constitutional “Charter” as the “administrator” of the council have prepared him well for his new assignment- should he chose to accept it. This county will self destruct in 10 seconds
Friday, June 27, 2008
PICK O’ THE POUND
PICK O’ THE POUND: Another day of Mayorless limbo another bunch of speculation all of which are based almost solely on a County press release with various reporters and editors attempting to read more into it than was there.
What stands out there is that mum seems to be the word from any of the seven samurai’s ambitions
What is in the release though is that the date for the meeting to replace Bryan Baptiste will not happen until after the memorial service a week from Sunday, July 6.
It says:
“The Kaua`i County Council is expected to hold a special meeting during the week after Mayor Bryan J. Baptiste’s July 6 2008 memorial service... although no date has been set.”
That said a peek at Councilperson Mel Rapozo’s blog says the date is in fact set for July 7. We’ve got a request in for clarification from Rapozo.
What is interesting in the County release is this tidbit:
“A team of county officials has been meeting this week to discuss succession issues. The team includes Acting Mayor Gary K. Heu, County Council Chair Bill “Kaipo” Asing, County Attorney Matthew Pyun , County Clerk Peter Nakamura, and staff. Other Councilmembers have not been directly involved in the discussions.”
If true the meetings might not violate the sunshine law as many worried however the word s “directly involved” could indicate that they illegally communicated, as the OIP has ruled you can’t, to avoid the Sunshine Law by “serial communications”
What does peak interest is Asing’s participation. If he indeed were seeking the mayor’s office it would have to be done now with many accusing him of rigging the process by being one who, with his sidekick County Clerk Peter Nakamura, has been meeting with Pyun and Heu.
Does this mean Asing is out of the running? Or does it mean that he doesn’t care about perceptions or what people think? Should he seek the mayor’s job and should any of the process favor him it would certainly be an issue in the fall campaign if any opponent wants to make it one.
But then again Asing’s well known abuses of the Sunshine Law could also be an issue in the fall all of which seems to be further indication Asing is not interested in a job switch.
It should also be noted that in Rapozo’s post he does not mention his own ambitions, which have been reported in the press without anything in writing from the Council’s only blogging member.
But as the clock runs down on the brief Heu administration here’s another morsel on the Mayor’s death and the County Charter succession provisions that might interest or at least amuse.
Had Baptiste passed away one month- or more precisely 27 days- later whomever was selected by the Council would be serving a two-year. four-month plus term.
After describing what many have been reading ubiquitously since Sunday about the vote by the Council, Charter Section 7.04 closes by saying that:
In the event the vacancy occurs later than three (3) days prior to the closing date for filing of nomination papers for the mid-term election, the mayor selected by the council shall continue to serve for the remainder of the term of the person he succeeded
The filing deadline this year is July 22, exactly one month to the day after Baptiste’s passing. The one big problem with this may be that anyone seeking office this November may be forced to make a decision on the 22nd as to whether to run for council or mayor without being able to know all the facts.
If the council takes all of the 30 days they are given to make a choice to fill the Council vacancy caused by the appointment of one of their members to Mayor, that decision would come after the filing deadline.
If the Council decides on July 23 or later someone seeking the open council seat might be undecided as to whether to run for Council or mayor They wouldn’t know whether they would gain the benefits of council incumbency.that would make a run for the Council more tempting.or be rejected by the Council.making a mayoral bid more appealing.
A candidate might be tricked into running for Council thinking they will get the open seat and then be left in the cold. Or told they would not get it, run for Mayor and get appointed to the Council. Or they could think, double think and triple think themselves into a bad decisions.
Any meeting to decide the replacement councilmember must also be scheduled six days before so the council has until July 16 to schedule a July 22 meeting that would allow for a decision before the filing deadline... although they could pull a fast one by deciding at 4:31 p.m. or later since the deadline is 4:30 on the 22nd.
That would leave only nine days between a July 7 Mayoral selection meeting and the agenda filing deadline and if the meeting isn’t held until Friday July 11 only four days.
It’s unknown if any of these considerations were discussed in the closed meetings of Asing, Heu, Pyun Nakamura and other “staff” but these are the kinds of considerations that Asing might be taking advantage of if he is going to seek the crown.
Could a July 22 meeting be in Asing’s plans? With a purposed gaveled recess just before a vote?
Hickory Dickery Dock
Can Asing run out the clock?
The clock struck 4:31
and no one dared run down (stairs to the first floor elections office from the second floor Council Chambers to file because they might miss the vote)
And the elections office was locked.
What stands out there is that mum seems to be the word from any of the seven samurai’s ambitions
What is in the release though is that the date for the meeting to replace Bryan Baptiste will not happen until after the memorial service a week from Sunday, July 6.
It says:
“The Kaua`i County Council is expected to hold a special meeting during the week after Mayor Bryan J. Baptiste’s July 6 2008 memorial service... although no date has been set.”
That said a peek at Councilperson Mel Rapozo’s blog says the date is in fact set for July 7. We’ve got a request in for clarification from Rapozo.
What is interesting in the County release is this tidbit:
“A team of county officials has been meeting this week to discuss succession issues. The team includes Acting Mayor Gary K. Heu, County Council Chair Bill “Kaipo” Asing, County Attorney Matthew Pyun , County Clerk Peter Nakamura, and staff. Other Councilmembers have not been directly involved in the discussions.”
If true the meetings might not violate the sunshine law as many worried however the word s “directly involved” could indicate that they illegally communicated, as the OIP has ruled you can’t, to avoid the Sunshine Law by “serial communications”
What does peak interest is Asing’s participation. If he indeed were seeking the mayor’s office it would have to be done now with many accusing him of rigging the process by being one who, with his sidekick County Clerk Peter Nakamura, has been meeting with Pyun and Heu.
Does this mean Asing is out of the running? Or does it mean that he doesn’t care about perceptions or what people think? Should he seek the mayor’s job and should any of the process favor him it would certainly be an issue in the fall campaign if any opponent wants to make it one.
But then again Asing’s well known abuses of the Sunshine Law could also be an issue in the fall all of which seems to be further indication Asing is not interested in a job switch.
It should also be noted that in Rapozo’s post he does not mention his own ambitions, which have been reported in the press without anything in writing from the Council’s only blogging member.
But as the clock runs down on the brief Heu administration here’s another morsel on the Mayor’s death and the County Charter succession provisions that might interest or at least amuse.
Had Baptiste passed away one month- or more precisely 27 days- later whomever was selected by the Council would be serving a two-year. four-month plus term.
After describing what many have been reading ubiquitously since Sunday about the vote by the Council, Charter Section 7.04 closes by saying that:
In the event the vacancy occurs later than three (3) days prior to the closing date for filing of nomination papers for the mid-term election, the mayor selected by the council shall continue to serve for the remainder of the term of the person he succeeded
The filing deadline this year is July 22, exactly one month to the day after Baptiste’s passing. The one big problem with this may be that anyone seeking office this November may be forced to make a decision on the 22nd as to whether to run for council or mayor without being able to know all the facts.
If the council takes all of the 30 days they are given to make a choice to fill the Council vacancy caused by the appointment of one of their members to Mayor, that decision would come after the filing deadline.
If the Council decides on July 23 or later someone seeking the open council seat might be undecided as to whether to run for Council or mayor They wouldn’t know whether they would gain the benefits of council incumbency.that would make a run for the Council more tempting.or be rejected by the Council.making a mayoral bid more appealing.
A candidate might be tricked into running for Council thinking they will get the open seat and then be left in the cold. Or told they would not get it, run for Mayor and get appointed to the Council. Or they could think, double think and triple think themselves into a bad decisions.
Any meeting to decide the replacement councilmember must also be scheduled six days before so the council has until July 16 to schedule a July 22 meeting that would allow for a decision before the filing deadline... although they could pull a fast one by deciding at 4:31 p.m. or later since the deadline is 4:30 on the 22nd.
That would leave only nine days between a July 7 Mayoral selection meeting and the agenda filing deadline and if the meeting isn’t held until Friday July 11 only four days.
It’s unknown if any of these considerations were discussed in the closed meetings of Asing, Heu, Pyun Nakamura and other “staff” but these are the kinds of considerations that Asing might be taking advantage of if he is going to seek the crown.
Could a July 22 meeting be in Asing’s plans? With a purposed gaveled recess just before a vote?
Hickory Dickery Dock
Can Asing run out the clock?
The clock struck 4:31
and no one dared run down (stairs to the first floor elections office from the second floor Council Chambers to file because they might miss the vote)
And the elections office was locked.
Thursday, June 26, 2008
A DAY AT THE DOG RACES
A DAY AT THE DOG RACES: With the death of Snow White, the Seven Dwarves of the Kaua`i County Council posturings now outwardly resemble Alphonse and Gaston while in their hearts they plot to succeed the sovereign.
And it seems the play’s the thing in which they’ll capture the crown of the king.
Tragedy or comedy it’s bound to entertain.
The tidbits we got from the paper today include these
Yukimura, who served as mayor from 1988 to 1994, said she agrees the decision should not be rushed.
Bynum said whomever is selected to fill in the interim should allow the mayor’s initiatives currently in the works to proceed and avoid using the position to make dramatic changes.
Iseri-Carvalho, who is running for county prosecutor, has said Asing has seniority and is well-qualified to serve as mayor.
Rapozo has told media outlets that he supports Asing for the job, but is interested in the position if the chair does not want it.
So what does that tell us? That we were probably on the right track in our Tuesday analysis. The fact that JoAnn wants to wait shows she has the ambition but not the votes. She needs time to allow some things to play out and alliances to shift.
Right now they’re all awaiting for Kaipo Asing to pull the trigger or get off the throne. They all have to show deference even though they don’t really have any, like Iseri intimates. Kaipo “ain’t saying” because he wants to be the king maker not the king and more important for him, he wants a done deal more than he wants anyone specific.
That could be JoAnn whom he would probably love to get rid of on the Council because of the exasperatingly long winded and tedious way she has them all looking at their watches as she chops hash, makes hash and rehashes again every point of minutia grilling administration officials and then letting them off the hook. Her rambling “thinking aloud” can make anyone yearn to watch actual sausage-making.
And she knows she doesn’t have the votes now but needs to have the two-two-two alliances we described Tuesday to shift or crumble.
Mel is on the mainland now and returning soon and he doesn’t want to play Hamlet and get home to find out Uncle Kaipo became King already. But no Dane is he because it isn’t revenge he seeks but the crown itself.
Rapozo most likely doesn’t know Asing will say no, or at least doesn’t know for sure but wants to hurry the process and line himself up as the one who wants it most if not deserves it. The current set up favors him if a speedy resolution is in the stars, Horatio.
Bynum isn’t smart enough to be anything but transparent and has always seen himself as the heir apparent- although perhaps not so soon- and has shown it in his persistent support for Batiste regardless of the advisability of the proposal or policy, having ridden Baptiste’s coattails into office in the first place. His vote is first for Kaipo, next for himself and next for whomever tricks him into giving it to them.
With the Shay-Mel and JoAnn-Jay coalitions the tightest alliances the most likely peelable votes are from the Kaipo and Ron partnership, because respect for having done the job of chair is their strongest bond.... and that’s really nothing.
But we can’t forget the bond of hatred. The two of them are the two dominant opposing forces in politics over the last 25 years. Kaipo was the “1” in al those 6-1 votes against all the development Ron-guys crammed through the Council in the 80’s and 90’s.. But just the same they’ll most likely vote the same... if not together.
Another reason Yukimura wants to wait is that she probably thinks that her biggest ally for the last 25 years, Asing, would give her his vote if she asked for it.. Even though she might not be right, in her mind it’s too soon to show her ambition and possibly embarrass Asing or put him on the spot to the point where he will support someone else.
But the big question is how incumbency will help in November and it is really not as clear as most would think. It depends on how hard the succession fight is. If it gets down to using strong-arms and paybacks to pry and peel off votes from coalitions the new mayor will no doubt be getting a televised mouthful of “why haven’t you done- here’s what I would have done” Council meeting programming... round the clock.
And, the temp Mayor won’t be there to defend him or herself. Starting an administration and immediately running for re-election could be a recipe for being jobless on December 1.
Jay Furfaro might have it if he wants it... eventually. He also needs things to evolve because he needs to be seen as a compromise candidate or it will seem like they all agree he’s the best- perhaps the only- administrator among them. If that’s the public perception no one will be able to come back and challenge him in November...or maybe for another 10 years
That could be another reason his “ally” JoAnn wants to wait. If she is seen to be “forced” to vote for him she could come back to back-stab him by opposing him in the fall. She also remembers his years as a Republican Party stalwart.
If it happens fast and as an Asing-brokered done deal and Mel wants it more and doesn’t piss-off or embarrass anyone by begging for it too hard he could probably have it... assuming no one wants to be seen fighting for it that hard.
He’s taken the first step by being the first to publicly declare. Now any challenge is a challenge to him.
But if they don’t want to give Jay the deadly advantage of an incumbency and competency combination and Mel doesn’t grab the ring on the first go around, you just might see the rise of Tim Bynum whom they think could never win in November, if for no other reason than that it’s doubtful Kaua`i would elect a “s-f haole” mayor.
No one expected a mayoral election this year so everyone’s regular plans are being changed in a wink. That means that as each person’s thinking evolves they need to remember that the thinking of the others is in flux too.
Given the sunshine law and established Office of Information Practices (OIP) recommended policy it should be an extremely entertaining summer.
Though there is what OIP calls a “loophole” to allow closed organizational meetings for selection of leadership positions among “councilpersons-elects” who haven’t officially taken office, the OIP “strongly recommends” open meetings in those situations and certainly doesn’t exempt selecting a replacement Mayor from open meeting requirements, a situation which is certainly not specifically listed in the eight exemptions in HRS 92-5(a)
But given the utter disregard for the sunshine law the Kaua`i Council is famous for watch for that Asing brokered done deal to come sooner rather than later.
And it seems the play’s the thing in which they’ll capture the crown of the king.
Tragedy or comedy it’s bound to entertain.
The tidbits we got from the paper today include these
Yukimura, who served as mayor from 1988 to 1994, said she agrees the decision should not be rushed.
Bynum said whomever is selected to fill in the interim should allow the mayor’s initiatives currently in the works to proceed and avoid using the position to make dramatic changes.
Iseri-Carvalho, who is running for county prosecutor, has said Asing has seniority and is well-qualified to serve as mayor.
Rapozo has told media outlets that he supports Asing for the job, but is interested in the position if the chair does not want it.
So what does that tell us? That we were probably on the right track in our Tuesday analysis. The fact that JoAnn wants to wait shows she has the ambition but not the votes. She needs time to allow some things to play out and alliances to shift.
Right now they’re all awaiting for Kaipo Asing to pull the trigger or get off the throne. They all have to show deference even though they don’t really have any, like Iseri intimates. Kaipo “ain’t saying” because he wants to be the king maker not the king and more important for him, he wants a done deal more than he wants anyone specific.
That could be JoAnn whom he would probably love to get rid of on the Council because of the exasperatingly long winded and tedious way she has them all looking at their watches as she chops hash, makes hash and rehashes again every point of minutia grilling administration officials and then letting them off the hook. Her rambling “thinking aloud” can make anyone yearn to watch actual sausage-making.
And she knows she doesn’t have the votes now but needs to have the two-two-two alliances we described Tuesday to shift or crumble.
Mel is on the mainland now and returning soon and he doesn’t want to play Hamlet and get home to find out Uncle Kaipo became King already. But no Dane is he because it isn’t revenge he seeks but the crown itself.
Rapozo most likely doesn’t know Asing will say no, or at least doesn’t know for sure but wants to hurry the process and line himself up as the one who wants it most if not deserves it. The current set up favors him if a speedy resolution is in the stars, Horatio.
Bynum isn’t smart enough to be anything but transparent and has always seen himself as the heir apparent- although perhaps not so soon- and has shown it in his persistent support for Batiste regardless of the advisability of the proposal or policy, having ridden Baptiste’s coattails into office in the first place. His vote is first for Kaipo, next for himself and next for whomever tricks him into giving it to them.
With the Shay-Mel and JoAnn-Jay coalitions the tightest alliances the most likely peelable votes are from the Kaipo and Ron partnership, because respect for having done the job of chair is their strongest bond.... and that’s really nothing.
But we can’t forget the bond of hatred. The two of them are the two dominant opposing forces in politics over the last 25 years. Kaipo was the “1” in al those 6-1 votes against all the development Ron-guys crammed through the Council in the 80’s and 90’s.. But just the same they’ll most likely vote the same... if not together.
Another reason Yukimura wants to wait is that she probably thinks that her biggest ally for the last 25 years, Asing, would give her his vote if she asked for it.. Even though she might not be right, in her mind it’s too soon to show her ambition and possibly embarrass Asing or put him on the spot to the point where he will support someone else.
But the big question is how incumbency will help in November and it is really not as clear as most would think. It depends on how hard the succession fight is. If it gets down to using strong-arms and paybacks to pry and peel off votes from coalitions the new mayor will no doubt be getting a televised mouthful of “why haven’t you done- here’s what I would have done” Council meeting programming... round the clock.
And, the temp Mayor won’t be there to defend him or herself. Starting an administration and immediately running for re-election could be a recipe for being jobless on December 1.
Jay Furfaro might have it if he wants it... eventually. He also needs things to evolve because he needs to be seen as a compromise candidate or it will seem like they all agree he’s the best- perhaps the only- administrator among them. If that’s the public perception no one will be able to come back and challenge him in November...or maybe for another 10 years
That could be another reason his “ally” JoAnn wants to wait. If she is seen to be “forced” to vote for him she could come back to back-stab him by opposing him in the fall. She also remembers his years as a Republican Party stalwart.
If it happens fast and as an Asing-brokered done deal and Mel wants it more and doesn’t piss-off or embarrass anyone by begging for it too hard he could probably have it... assuming no one wants to be seen fighting for it that hard.
He’s taken the first step by being the first to publicly declare. Now any challenge is a challenge to him.
But if they don’t want to give Jay the deadly advantage of an incumbency and competency combination and Mel doesn’t grab the ring on the first go around, you just might see the rise of Tim Bynum whom they think could never win in November, if for no other reason than that it’s doubtful Kaua`i would elect a “s-f haole” mayor.
No one expected a mayoral election this year so everyone’s regular plans are being changed in a wink. That means that as each person’s thinking evolves they need to remember that the thinking of the others is in flux too.
Given the sunshine law and established Office of Information Practices (OIP) recommended policy it should be an extremely entertaining summer.
Though there is what OIP calls a “loophole” to allow closed organizational meetings for selection of leadership positions among “councilpersons-elects” who haven’t officially taken office, the OIP “strongly recommends” open meetings in those situations and certainly doesn’t exempt selecting a replacement Mayor from open meeting requirements, a situation which is certainly not specifically listed in the eight exemptions in HRS 92-5(a)
But given the utter disregard for the sunshine law the Kaua`i Council is famous for watch for that Asing brokered done deal to come sooner rather than later.
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