WHIPLASH: The use of tasers by police and what constitutes “excessive force” has caught our attention lately as it’s been impossible to find out what KPD’s policy was and/or is in light of a recent federal 9th Circuit Court ruling in Bryan v. McPherson which limited their use.
That’s why a Maui news headline- reprinted in the Honolulu Advertiser in place of their own neighbor island coverage- that said Maui officer's use of Taser on woman not excessive, court rules.
Seems the use is on a case by case basis with limits on both ends being established on the fly.
But it was the very last paragraph of the story that really caught our attention saying:
Former Deputy Corporation Counsel Laureen Martin argued the case. Deputies Corporation Counsel Richard B. Rost and Cheryl Tipton also represented the officers and county.
Now there’s something- in fact a couple of things- that we’d fall over backward in our chair if we read on Kaua`i.
The first is that they actually went, not just to trial but, to an appeal to the 9th Circuit “in house”- using county employees rather than hiring outside attorney’s at whopping prices as our “county attorney’s” office routinely (make that always) does.
The second is of course the “corporation counsel” system employed in every other county in the state.
It comes on the same days an another entry from seemingly blind and deaf Judge Al Laureta asking what specifically is wrong with our charter despite our treatises on the subject.
Although he asks in the context of the county manager proposal, a reorganization of the broken county attorney (CA) section of the charter is a good place to start.
One of the main problems is the inherent conflict embedded in our charter that empowers the CA to provide all legal advice to both the council and administration yet places the CA’s office within the administration giving the council little or no say- other than confirmation- in the department.
Reform of the CA’s office- whether electing the CA under the current set up or restructuring under a "corp counsel" system- seems a no brainer yet it has never been on the radar screen for the charter review commission (CRC).
The current system has been costing us millions every year to hire Honolulu law firms. It’s about time to see if the CRC can walk and chew gum at the same time and if not, instead of pouring their time into re-asking for the umpteenth time about four year council terms and fighting against putting effort into putting together an appropriate county manager proposal they might concentrate on fixing the most broken of all county departments.
----------------
Yesterday we inadvertently left out a link under “problems with the county’s sustainability plan” to Jan TenBruggencate’s piece on the subject, New county energy sustainability plan draft released which identifies many of the troublesome aspects much better than we could including the use of the word ridiculous and annoying word “disincentivize.”
Wednesday, January 20, 2010
Tuesday, January 19, 2010
CHASING THE BUS
CHASING THE BUS: The screamin’ meemies are out in me-me force over the county’s energy sustainability study and it’s proposed fiddy-cent a gallon gas tax, ignoring the rest of the idiotic study which pooh-poohs windmills and extols an incinerator to generate electricity despite the proven lack of enough trash to make it cost effective even if we foolishly burned all our recyclables.
The main problem with the 50c fuel tax is what they would use it for- promoting the interim technology of hybrid cars.
But apparently even those that get that the idea can be a good one in order to provide public transportation seem to be blind as to what is really necessary to get people out of their cars and onto the bus.
The newspaper article on the presentation of the plan to the council reports the expected knee-jerk politically expedient reaction of most of the councilmembers by headlining “Members criticize ‘ridiculous’ 50-cent fuel tax proposal”.
But it also reports that at least one councilmember gave it due consideration reporting
Councilwoman Lani Kawahara agreed with the goal of the fuel tax but said it is too much, too soon...
“I don’t think we’ve provided enough options besides automobile transportation for us to be able to even consider doing a 50-cent gasoline tax right now,” she said. “Unless we get a bus system that runs 24 hours or every day including Sundays, that would be something that should happen first, I would think.”
Although she didn’t make the connection of using the tax to support a “bus system that runs 24 hours or every day including Sundays” a least she’s connecting it to a “full service” bus system.
Juxtapose that with KIUC board member and founder of Apollo Kaua`i founder Ben Sullivan’s weekend letter-to-the-editor that did make the connection but also came up a bit short on thinking it through.
After pointing out that for most people, especially in this recession, “it’s gonna be quite a while before we can afford to buy a new car, especially one that carries a price premium like a hybrid or a yet-to-be-seen plug-in hybrid” he does propose an expansion of the bus saying “(o)ne suggestion that has come to the surface is to allocate a major portion of the revenue to fund dramatic improvements to the Kaua`i Bus”.
The problem is that his “vision” still has cars in it. He writes
You jump in your car in the morning (or on your bike) to drive to a nearby park and ride, and board the bus for your daily commute to work. You don’t have to worry about the schedule because it runs every 15 minutes during morning and evening rush hour. You have a bus pass through your employer’s special discount program for employees. They offer it so they can preserve valuable parking for customers, help their employees during hard times, and to get a tax break. Instead of white knuckling it through traffic, you ride in to work sipping hot coffee (with a no-spill lid) and use the on-board Wi-Fi to check your e-mail. The bus drops you off only a block from your job. Late day at the office? No problem. The last bus isn’t until 9:30 at night. Hey, you can even ride to church on Sundays with your neighbors because of new expanded weekend bus service. With a bus system like this, we might even see a return to one-car families who can save thousands of dollars annually between insurance, car payments, maintenance and, of course, gasoline.
The solution runs down the middle of Kawahara and Sullivan’s apparitions.
The only way to reduce the number of cars is to provide a level of service that will enable people to live without owning a car. It really comes down to that and that alone.
Who the heck is going to buy- or really invest in- a car and then get in it to drive a quarter mile to leave it in a parking lot all day and then take the bus?
The answer is no one. With the exception of a few who either buy into Ben’s leisurely ride concept or even fewer hardcore socially and environmentally conscious, if you own a car you’re going to drive it.
Right now, especially with the service/tourism jobs on Kaua`i that depend on shift work, people have to have a car. The bus doesn’t run 24 hours a day, seven days a week and it doesn’t serve enough residential areas.
And that’s just for work. People go out in the evening, sometimes returning late. They go out on weekends. Even if you don’t do it very often it’s reason enough to own a car.
Also people need to be able to carry packages on public transportation, another self-inflicted wound the current system has imposed for no particular reason except for the clout of the rent-a-car and taxi lobbies.
In order to make it practical to live without a vehicle the bus must run 24/7 even if it only comes once an hour after midnight. And in order to make it available to people who live in residential areas off the main highway it must expand into all of the major and even some minor feeder roads in the mostly mauka but sometime makai (such as in Kalaheo) districts.
A few years back when the legislature gave Honolulu the ability to fund public transportation via a half-a-percent excise tax we asked around among some reps and sens about giving the neighbor islands that option even though we usually eschew regressive taxes.
All said it’s a non-starter unless and until the counties ask them for it.
Unless and until that day the Kaua`i bus is going to be a useless appendage because people will be forced to own a car for the times when “da bus no more come”.
And if we own them we will use them. It’s really that simple.
The main problem with the 50c fuel tax is what they would use it for- promoting the interim technology of hybrid cars.
But apparently even those that get that the idea can be a good one in order to provide public transportation seem to be blind as to what is really necessary to get people out of their cars and onto the bus.
The newspaper article on the presentation of the plan to the council reports the expected knee-jerk politically expedient reaction of most of the councilmembers by headlining “Members criticize ‘ridiculous’ 50-cent fuel tax proposal”.
But it also reports that at least one councilmember gave it due consideration reporting
Councilwoman Lani Kawahara agreed with the goal of the fuel tax but said it is too much, too soon...
“I don’t think we’ve provided enough options besides automobile transportation for us to be able to even consider doing a 50-cent gasoline tax right now,” she said. “Unless we get a bus system that runs 24 hours or every day including Sundays, that would be something that should happen first, I would think.”
Although she didn’t make the connection of using the tax to support a “bus system that runs 24 hours or every day including Sundays” a least she’s connecting it to a “full service” bus system.
Juxtapose that with KIUC board member and founder of Apollo Kaua`i founder Ben Sullivan’s weekend letter-to-the-editor that did make the connection but also came up a bit short on thinking it through.
After pointing out that for most people, especially in this recession, “it’s gonna be quite a while before we can afford to buy a new car, especially one that carries a price premium like a hybrid or a yet-to-be-seen plug-in hybrid” he does propose an expansion of the bus saying “(o)ne suggestion that has come to the surface is to allocate a major portion of the revenue to fund dramatic improvements to the Kaua`i Bus”.
The problem is that his “vision” still has cars in it. He writes
You jump in your car in the morning (or on your bike) to drive to a nearby park and ride, and board the bus for your daily commute to work. You don’t have to worry about the schedule because it runs every 15 minutes during morning and evening rush hour. You have a bus pass through your employer’s special discount program for employees. They offer it so they can preserve valuable parking for customers, help their employees during hard times, and to get a tax break. Instead of white knuckling it through traffic, you ride in to work sipping hot coffee (with a no-spill lid) and use the on-board Wi-Fi to check your e-mail. The bus drops you off only a block from your job. Late day at the office? No problem. The last bus isn’t until 9:30 at night. Hey, you can even ride to church on Sundays with your neighbors because of new expanded weekend bus service. With a bus system like this, we might even see a return to one-car families who can save thousands of dollars annually between insurance, car payments, maintenance and, of course, gasoline.
The solution runs down the middle of Kawahara and Sullivan’s apparitions.
The only way to reduce the number of cars is to provide a level of service that will enable people to live without owning a car. It really comes down to that and that alone.
Who the heck is going to buy- or really invest in- a car and then get in it to drive a quarter mile to leave it in a parking lot all day and then take the bus?
The answer is no one. With the exception of a few who either buy into Ben’s leisurely ride concept or even fewer hardcore socially and environmentally conscious, if you own a car you’re going to drive it.
Right now, especially with the service/tourism jobs on Kaua`i that depend on shift work, people have to have a car. The bus doesn’t run 24 hours a day, seven days a week and it doesn’t serve enough residential areas.
And that’s just for work. People go out in the evening, sometimes returning late. They go out on weekends. Even if you don’t do it very often it’s reason enough to own a car.
Also people need to be able to carry packages on public transportation, another self-inflicted wound the current system has imposed for no particular reason except for the clout of the rent-a-car and taxi lobbies.
In order to make it practical to live without a vehicle the bus must run 24/7 even if it only comes once an hour after midnight. And in order to make it available to people who live in residential areas off the main highway it must expand into all of the major and even some minor feeder roads in the mostly mauka but sometime makai (such as in Kalaheo) districts.
A few years back when the legislature gave Honolulu the ability to fund public transportation via a half-a-percent excise tax we asked around among some reps and sens about giving the neighbor islands that option even though we usually eschew regressive taxes.
All said it’s a non-starter unless and until the counties ask them for it.
Unless and until that day the Kaua`i bus is going to be a useless appendage because people will be forced to own a car for the times when “da bus no more come”.
And if we own them we will use them. It’s really that simple.
Monday, January 18, 2010
ANOTHER STEAMING PILE ON THE BIKE PATH
ANOTHER STEAMING PILE ON THE BIKE PATH: When confronted with government snow-jobs we’ve often asked “what are we- a bunch of freakin’ idiots”.
The answer this weekend is apparently yes because somehow many if not most of the people opposing putting the bike path on a boardwalk on Wailua Beach are apparently convinced that the “new alignment”- craftily announced by Mayor Bernard Carvalho and his “brains”, Beth Tokioka- will no longer be on the beach but on the highway.
Apparently that is a bunch of shibai.
The only thing that has changed is that the path will now be a permanent strip of concrete rather than the “removable boardwalk” that was originally put in place because a permanent sidewalk on the beach would have been considered a “hardening of the shoreline” requiring an almost impossible to obtain Army Corps of Engineers permit.
The first step in the misdirection came in the form of the local newspaper’s Friday article faithfully rehashing the carefully written county release.
The headline falsely stated “Mayor shifting path from beach to highway” and the article doesn’t refute that statement.
A careful examination of the county press release shows that it never actually states that the new “alignment” will not be on the beach. And actually, if you read between the lines, it says it will.
The relevant portions of the release says:
(T)he proposed alignment for the Wailua Beach section will be shifted from the beach to the right-of-way on the makai side of Kūhi‘ō Highway...
(T)he mayor told the groups (he met with Friday), “As a result of all of the input we’ve received, I’ve decided to move forward on a makai alignment, keeping the path within the Kūhiō Highway right-of-way.”...
In the new design, the existing rock wall will be removed and a replacement barrier will be constructed as an integral part of the path.
“We are hopeful that this adjustment addresses many of the concerns raised by the community,” said the mayor...
In aligning the path within the highway right-of-way, the path will be constructed of concrete at a depth of just 18 inches, even shallower than that of the adjacent roadway.
“There will be no additional drilling or ‘augers’ required,” said Building Division Superintendent Doug Haigh.
Notice how it sounds like it is going to be where the highway pavement and wall are currently located. Nowhere does it say it will not be on the beach anymore, only that “there will be no additional drilling or ‘augers’ required”.
The article in the local newspaper is careful not to say what the headline does and does not make clear where exactly it will be but it does contain the first hint that all may not be as it appears.
Way down towards the end Mike Levine- who may or may not have written the headline but was not at the Friday meeting where the Mayor announced the “change”, according to participants- reports:
(I)t’s still on the beach,” Judy Dalton said Friday evening.“As long as it’s still on the beach, we feel that the alternate route described in the environmental assessment as one of the three alternatives ... on the canal behind Coco Palms would be the least impactful, environmentally and culturally,” Dalton said.
According to some who attended the meeting Friday at which Carvalho “met with representatives of several Hawaiian groups” according to the county release, the issue of exactly where the path would be was presented in a manner seemingly designed to make the matter “as clear as mud”.
Some of the confusion centered around the use of the word “shoulder” which many took to mean the paved shoulder off the highway itself but still on the paved portion- a “shoulder” currently used for a “bike lane”.
But upon questioning it became apparent that the shoulder the officials were talking about was the “soft” shoulder adjacent to the paved portion defining the “shoulder” they were talking about as “where the pavement ends”.
Another key in the misdirection is that it may well be that the state’s “right of way” is not limited to the paved highway itself with part of it extending onto the beach. Although the exact location is not addressed in either the article or the press release, the “on the right of way” statement has led many to believe that the “right of way” mentioned as the location of the realignment was on the paved highway itself.
Looking at two maps on the county web site is a joke. Both are crisscrossed with seemingly meaningless, unlabeled lines all over the place with no clearly marked “new alignment” much less the old one.
As if to prove the extent to which the public has been duped, a letter to the editor appeared over the weekend from one of those who has been calling on the mayor to change the alignment to get it off the beach.
What with the headline in the paper and the carefully parsed county release it’s understandable that Jimmy Trujillo wrote:
The mayor’s decision to stay off the sand but stay on the roadside is a compromise that warrants support.
It may be one of the few times in the short time I’ve lived on Kaua`i that a government leader has demonstrated any kind of respect to the kupuna leaders and cultural practitioners of the host culture.
The first irony in all this is that a perfectly good bike path exists right now on the makai side of the highway on the pavement- the spot many are erroneously thinking the “new alignment” would put the path.
The problem is that there’s only so much room to put the new four lane highway and for some reason the county has never pursued acquiring land on the mauka “Coco Palms” side of the highway despite the countless permits and extensions issued to the land owners
The second is that the concept of a “removable” boardwalk came about precisely because a permanent concrete sidewalk on the beach would have been an approval nightmare with not just the Army Corp but various state and county agencies who were sold the idea on the basis of a removable boardwalk, not a permanent concrete ribbon.
The county recently passed a bill exempting itself from our “strictest in the nation” shoreline setback laws under some circumstances. Changes in the path should trigger a new “certified shoreline” especially considering that waves commonly deposit sand on the highway during large storms.
Going back to the original unacceptable concrete-on-the-beach idea reminds us of the joke about the guy who eats at Luigi’s Italian restaurant every day and with his meal he is served two slices of Italian bread.
“Luigi” he asks “What’s with the two slices- how come your so stingy with the beard every day”.
The next day Luigi serves him four slices and the man still isn’t happy and wants more. The next day Luigi gives him six and the man still complains.
Finally the next day Luigi takes the whole Italian loaf and slices it down the center the long way and serves it to his customer.
The man looks at Luigi and says “What, Luigi- you’re back to the two slices. eh?”
Can’t anyone here play this game?
The answer this weekend is apparently yes because somehow many if not most of the people opposing putting the bike path on a boardwalk on Wailua Beach are apparently convinced that the “new alignment”- craftily announced by Mayor Bernard Carvalho and his “brains”, Beth Tokioka- will no longer be on the beach but on the highway.
Apparently that is a bunch of shibai.
The only thing that has changed is that the path will now be a permanent strip of concrete rather than the “removable boardwalk” that was originally put in place because a permanent sidewalk on the beach would have been considered a “hardening of the shoreline” requiring an almost impossible to obtain Army Corps of Engineers permit.
The first step in the misdirection came in the form of the local newspaper’s Friday article faithfully rehashing the carefully written county release.
The headline falsely stated “Mayor shifting path from beach to highway” and the article doesn’t refute that statement.
A careful examination of the county press release shows that it never actually states that the new “alignment” will not be on the beach. And actually, if you read between the lines, it says it will.
The relevant portions of the release says:
(T)he proposed alignment for the Wailua Beach section will be shifted from the beach to the right-of-way on the makai side of Kūhi‘ō Highway...
(T)he mayor told the groups (he met with Friday), “As a result of all of the input we’ve received, I’ve decided to move forward on a makai alignment, keeping the path within the Kūhiō Highway right-of-way.”...
In the new design, the existing rock wall will be removed and a replacement barrier will be constructed as an integral part of the path.
“We are hopeful that this adjustment addresses many of the concerns raised by the community,” said the mayor...
In aligning the path within the highway right-of-way, the path will be constructed of concrete at a depth of just 18 inches, even shallower than that of the adjacent roadway.
“There will be no additional drilling or ‘augers’ required,” said Building Division Superintendent Doug Haigh.
Notice how it sounds like it is going to be where the highway pavement and wall are currently located. Nowhere does it say it will not be on the beach anymore, only that “there will be no additional drilling or ‘augers’ required”.
The article in the local newspaper is careful not to say what the headline does and does not make clear where exactly it will be but it does contain the first hint that all may not be as it appears.
Way down towards the end Mike Levine- who may or may not have written the headline but was not at the Friday meeting where the Mayor announced the “change”, according to participants- reports:
(I)t’s still on the beach,” Judy Dalton said Friday evening.“As long as it’s still on the beach, we feel that the alternate route described in the environmental assessment as one of the three alternatives ... on the canal behind Coco Palms would be the least impactful, environmentally and culturally,” Dalton said.
According to some who attended the meeting Friday at which Carvalho “met with representatives of several Hawaiian groups” according to the county release, the issue of exactly where the path would be was presented in a manner seemingly designed to make the matter “as clear as mud”.
Some of the confusion centered around the use of the word “shoulder” which many took to mean the paved shoulder off the highway itself but still on the paved portion- a “shoulder” currently used for a “bike lane”.
But upon questioning it became apparent that the shoulder the officials were talking about was the “soft” shoulder adjacent to the paved portion defining the “shoulder” they were talking about as “where the pavement ends”.
Another key in the misdirection is that it may well be that the state’s “right of way” is not limited to the paved highway itself with part of it extending onto the beach. Although the exact location is not addressed in either the article or the press release, the “on the right of way” statement has led many to believe that the “right of way” mentioned as the location of the realignment was on the paved highway itself.
Looking at two maps on the county web site is a joke. Both are crisscrossed with seemingly meaningless, unlabeled lines all over the place with no clearly marked “new alignment” much less the old one.
As if to prove the extent to which the public has been duped, a letter to the editor appeared over the weekend from one of those who has been calling on the mayor to change the alignment to get it off the beach.
What with the headline in the paper and the carefully parsed county release it’s understandable that Jimmy Trujillo wrote:
The mayor’s decision to stay off the sand but stay on the roadside is a compromise that warrants support.
It may be one of the few times in the short time I’ve lived on Kaua`i that a government leader has demonstrated any kind of respect to the kupuna leaders and cultural practitioners of the host culture.
The first irony in all this is that a perfectly good bike path exists right now on the makai side of the highway on the pavement- the spot many are erroneously thinking the “new alignment” would put the path.
The problem is that there’s only so much room to put the new four lane highway and for some reason the county has never pursued acquiring land on the mauka “Coco Palms” side of the highway despite the countless permits and extensions issued to the land owners
The second is that the concept of a “removable” boardwalk came about precisely because a permanent concrete sidewalk on the beach would have been an approval nightmare with not just the Army Corp but various state and county agencies who were sold the idea on the basis of a removable boardwalk, not a permanent concrete ribbon.
The county recently passed a bill exempting itself from our “strictest in the nation” shoreline setback laws under some circumstances. Changes in the path should trigger a new “certified shoreline” especially considering that waves commonly deposit sand on the highway during large storms.
Going back to the original unacceptable concrete-on-the-beach idea reminds us of the joke about the guy who eats at Luigi’s Italian restaurant every day and with his meal he is served two slices of Italian bread.
“Luigi” he asks “What’s with the two slices- how come your so stingy with the beard every day”.
The next day Luigi serves him four slices and the man still isn’t happy and wants more. The next day Luigi gives him six and the man still complains.
Finally the next day Luigi takes the whole Italian loaf and slices it down the center the long way and serves it to his customer.
The man looks at Luigi and says “What, Luigi- you’re back to the two slices. eh?”
Can’t anyone here play this game?
Wednesday, January 13, 2010
...GANG AFT AGLEY
...GANG AFT AGLEY: The dysfunctionality of the corrupt crony-riddled board and commission (B&C) system on Kaua`i is not a new issue.
Prior to 2004 members were like babes in the woods, usually flung into their positions with no idea what they were supposed to do, getting on-the-job training confined to whatever dysfunctionality the current members had adopted from their predecessors.
They were selected via a closed secretive process by the mayor and interviewed in secret by the county council before an open confirmation with the public receiving little more than the name of the prospective appointees.
Most didn’t know the sunshine law from a hole in the ground and were surprised to find out they needed agendas- much less ones published and posted six days in advance- to meet and that the public was not just allowed to attend but were to be given the opportunity to testify regarding any and all agenda items.
It was so bad that the charter review commission (CRC) of that year decided that a skilled administrator and staff was needed to bring some cohesion and sunshine to the system.
But under B&C Administrator John Isobe most observers agree that if anything the lack of transparency and independence of members has gone from bad to worse with an administrator unskilled in anything but obfuscation and public relations keeping the selection process hidden, documents unreleased or difficult to obtain- one who sees open meetings and public input as a nuisance and foists that attitude on business and development oriented B&C members all too willing to help him do his dirty work for the administration.
The charter amendment- which, along with any and all amendments from the 2006 and 2008 are unavailable at the county web site, even on the non-updated page where the charter appears- was carefully drafted by the CRC to do a few things.
One was to select someone with skills and experience in doing the job.
The amendment on the ballot read:
There shall be a boards and commissions administrator and any necessary staff. The administrator shall have such training, education or experience as shall qualify the administrator to perform the duties described in this section.
Though the qualifications are pretty general it’s hard to see how Isobe meets them. Rather, a look at his past shows him to be a PR flack and himself a crony of the past three administrations.
A UH graduate and “lifelong” Hawai`i resident Isobe first shows up in 1996 as a spokesperson for Princeville corporation during a time of conflict with the homeowners there over various issues.
Though the dates are unclear his first stint with the county was as Deputy Finance Director under the Kusaka administration and was appointed to a state community-based economic development advisory council in 2006.
He was also a member of the infamous Kaua`i Economic Development Board under disgraced head Gary Baldwin who started the business-friendly pro-development board promoting a staunch chamber of commerce agenda until Baldwin left in disgrace after it was revealed that he was a wanted for running a financial scam on the mainland.
Then having proved himself adept at defending large and powerful corporations he held a positions at Kaua`i Community College (KCC) serving as director of the Kauai Rural Development Project where he developed “F.A.R.M... a strategy to bring the Kauai business community together through education” according to the Pacific Business Journal (PBJ) article in 2001.
That led to a job as training coordinator in the Office of Continuing Education and Training at KCC where, rather than offering traditional academic courses, he was part of a push to serve “business organizations, visitor bureau, chamber of commerce and (the) work-force investment board” telling PBJ in 2003 “’We are in constant contact with people in the industry and our courses revolve around their needs’" .
How that constitutes “training, education or experience as shall qualify” him to be B&C Administrator is anyone’s guess. It certainly qualifies him to know all the pro- development cronies in the Chamber of Commerce-KEDB crowd in order to make sure the B&Cs are stacked to reflect and protect their interests.
One of the most important parts of the amendment was what the administrator was supposed to do and the CRC made sure that open governance principles were to be one of the more important functions.
The charter amendment reads in part:
The administrator shall assist in providing administrative and operational support to the various county boards and commissions. Such support shall include, but not be limited to: assisting in the recruitment, orientation, education, and training of board or commission members regarding their powers, duties, functions, and responsibilities under the charter... (and) helping to educate such members about applicable state and county ethics laws and the State Sunshine Law... (emphasis added).
But the words “sunshine law” never appear at the county web site’s B&C page. Instead here’s Isobe’s blurb at the top of the B&C page:
Kauai County's 16 boards and commissions are comprised of 116 volunteer board members and commissioners who oversee and make critical decisions about key County functions and groups. Volunteers who serve on Kauai County boards and commissions are the best in their fields, local leaders, and valuable, knowledgeable resources. They give an extraordinary amount of time to serve in these roles each year and make both personal and professional sacrifices to do so. Because of this and the weight of their responsibilities to our community, they are among Kauai's treasures.
Instead of trying to recruit everyday citizens who have no preconceived notions- and especially no conflicts of interests in “their fields”- rather he seeks to find the “best in their fields, local leaders, and valuable, knowledgeable resources”- a euphemism for well connected people with a lot to lose if they offend the mayor, who can be counted on to “not rock the boat”... also known as his and the mayors cronies, supporters and campaign contributors, which includes Isobe.
Want more proof? Just look at the notice posted for the first B&C training session this year, scheduled for January 29th, on the “Role Of The Board/Commission Member”.
For some incredibly tone deaf reason it is not itself “agendaed” as a government meeting but rather is printed on Kaua`i Chamber of Commerce stationary and is apparently sponsored by the business promotion organization “Leadership Kaua`i”.
Among the topics covered are:
...your duties and responsibilities as a board or commission member, tips on what resources and materials are available (i.e. charter, county and state laws), general provisions of the law, standards of ethical conduct, guidelines on effective communications (and) basic parliamentary procedure.
The importance of transparency, open meetings and records and public testimony are not to be found.
This is exactly the attitude that former Board of Ethics member Rolf Bieber spoke of, especially the attitude among B&C members that they are the elite and know better than the common rabble whose testimony should be tolerated only because it is required by law- a law they are barely aware of.
John Isobe is the exact opposite of what a B&C administrator should be and is a disgrace to democracy and good governance. His resignation and replacement with a trained manager- one experienced in facilitating communication between citizen volunteers and members of the public- can only be a positive for Kaua`i which at deserves to have the charter amendment they passed honored.
---------
We’ve gotta get outta the house tomorrow and Friday. Unless we feel especially ambitious we’ll be back Monday.
Prior to 2004 members were like babes in the woods, usually flung into their positions with no idea what they were supposed to do, getting on-the-job training confined to whatever dysfunctionality the current members had adopted from their predecessors.
They were selected via a closed secretive process by the mayor and interviewed in secret by the county council before an open confirmation with the public receiving little more than the name of the prospective appointees.
Most didn’t know the sunshine law from a hole in the ground and were surprised to find out they needed agendas- much less ones published and posted six days in advance- to meet and that the public was not just allowed to attend but were to be given the opportunity to testify regarding any and all agenda items.
It was so bad that the charter review commission (CRC) of that year decided that a skilled administrator and staff was needed to bring some cohesion and sunshine to the system.
But under B&C Administrator John Isobe most observers agree that if anything the lack of transparency and independence of members has gone from bad to worse with an administrator unskilled in anything but obfuscation and public relations keeping the selection process hidden, documents unreleased or difficult to obtain- one who sees open meetings and public input as a nuisance and foists that attitude on business and development oriented B&C members all too willing to help him do his dirty work for the administration.
The charter amendment- which, along with any and all amendments from the 2006 and 2008 are unavailable at the county web site, even on the non-updated page where the charter appears- was carefully drafted by the CRC to do a few things.
One was to select someone with skills and experience in doing the job.
The amendment on the ballot read:
There shall be a boards and commissions administrator and any necessary staff. The administrator shall have such training, education or experience as shall qualify the administrator to perform the duties described in this section.
Though the qualifications are pretty general it’s hard to see how Isobe meets them. Rather, a look at his past shows him to be a PR flack and himself a crony of the past three administrations.
A UH graduate and “lifelong” Hawai`i resident Isobe first shows up in 1996 as a spokesperson for Princeville corporation during a time of conflict with the homeowners there over various issues.
Though the dates are unclear his first stint with the county was as Deputy Finance Director under the Kusaka administration and was appointed to a state community-based economic development advisory council in 2006.
He was also a member of the infamous Kaua`i Economic Development Board under disgraced head Gary Baldwin who started the business-friendly pro-development board promoting a staunch chamber of commerce agenda until Baldwin left in disgrace after it was revealed that he was a wanted for running a financial scam on the mainland.
Then having proved himself adept at defending large and powerful corporations he held a positions at Kaua`i Community College (KCC) serving as director of the Kauai Rural Development Project where he developed “F.A.R.M... a strategy to bring the Kauai business community together through education” according to the Pacific Business Journal (PBJ) article in 2001.
That led to a job as training coordinator in the Office of Continuing Education and Training at KCC where, rather than offering traditional academic courses, he was part of a push to serve “business organizations, visitor bureau, chamber of commerce and (the) work-force investment board” telling PBJ in 2003 “’We are in constant contact with people in the industry and our courses revolve around their needs’" .
How that constitutes “training, education or experience as shall qualify” him to be B&C Administrator is anyone’s guess. It certainly qualifies him to know all the pro- development cronies in the Chamber of Commerce-KEDB crowd in order to make sure the B&Cs are stacked to reflect and protect their interests.
One of the most important parts of the amendment was what the administrator was supposed to do and the CRC made sure that open governance principles were to be one of the more important functions.
The charter amendment reads in part:
The administrator shall assist in providing administrative and operational support to the various county boards and commissions. Such support shall include, but not be limited to: assisting in the recruitment, orientation, education, and training of board or commission members regarding their powers, duties, functions, and responsibilities under the charter... (and) helping to educate such members about applicable state and county ethics laws and the State Sunshine Law... (emphasis added).
But the words “sunshine law” never appear at the county web site’s B&C page. Instead here’s Isobe’s blurb at the top of the B&C page:
Kauai County's 16 boards and commissions are comprised of 116 volunteer board members and commissioners who oversee and make critical decisions about key County functions and groups. Volunteers who serve on Kauai County boards and commissions are the best in their fields, local leaders, and valuable, knowledgeable resources. They give an extraordinary amount of time to serve in these roles each year and make both personal and professional sacrifices to do so. Because of this and the weight of their responsibilities to our community, they are among Kauai's treasures.
Instead of trying to recruit everyday citizens who have no preconceived notions- and especially no conflicts of interests in “their fields”- rather he seeks to find the “best in their fields, local leaders, and valuable, knowledgeable resources”- a euphemism for well connected people with a lot to lose if they offend the mayor, who can be counted on to “not rock the boat”... also known as his and the mayors cronies, supporters and campaign contributors, which includes Isobe.
Want more proof? Just look at the notice posted for the first B&C training session this year, scheduled for January 29th, on the “Role Of The Board/Commission Member”.
For some incredibly tone deaf reason it is not itself “agendaed” as a government meeting but rather is printed on Kaua`i Chamber of Commerce stationary and is apparently sponsored by the business promotion organization “Leadership Kaua`i”.
Among the topics covered are:
...your duties and responsibilities as a board or commission member, tips on what resources and materials are available (i.e. charter, county and state laws), general provisions of the law, standards of ethical conduct, guidelines on effective communications (and) basic parliamentary procedure.
The importance of transparency, open meetings and records and public testimony are not to be found.
This is exactly the attitude that former Board of Ethics member Rolf Bieber spoke of, especially the attitude among B&C members that they are the elite and know better than the common rabble whose testimony should be tolerated only because it is required by law- a law they are barely aware of.
John Isobe is the exact opposite of what a B&C administrator should be and is a disgrace to democracy and good governance. His resignation and replacement with a trained manager- one experienced in facilitating communication between citizen volunteers and members of the public- can only be a positive for Kaua`i which at deserves to have the charter amendment they passed honored.
---------
We’ve gotta get outta the house tomorrow and Friday. Unless we feel especially ambitious we’ll be back Monday.
Tuesday, January 12, 2010
TRANSLUCENCY
TRANSLUCENCY: We mouth off a lot about the complete lack of transparency in county government and maintain it’s not just a matter of the buffoonish bungling of incompetent imbeciles but a concerted, concentrated effort by a cabal of connected, conniving cronies to treat citizens like mushrooms by keeping them in the dark and feeding them bullshit.
It not just the unfathomable need to delay and stonewall the release of documents or the penchant of board and commissions- including of course the county council- to jump into executive session to hide politically sensitive deliberations.
It’s the way even the most basic information is kept under wraps even in the information age.
Ever try to find a complete list and directory of all county employees or, more to the point under current scrutiny, the complete list of board and commission members at the county web site?
Don’t bother looking. There’s not a link to be found and the search box is, as anyone who has tried to use it will tell you, worthless.
But today, while researching one of the more persistent guards at the gates of the Minotaur’s labyrinth, up popped the county directory which, although outdated by many months, elicits at least the heads and deputies of all the various departments and agencies as well as the members of all boards and commissions.
We’re not sure that once we provide the pdf link it won’t magically change so we are posting it in full today so the next time you’re getting the all-American runaround- sending you from department to agency, from civil servant to appointed bureaucrat- you can use the search box at the top of this page to find the person, department, board or commissions you’re looking for.
Here’s the directory as of March 11, 2009 when it was last modified. Spelling of all words and names are as listed by CofK. Boards and Commissions are listed under the department to which they are administratively attached.
----------
COUNTY OF KAUAI
http://www.kauai.gov
4396 Rice Street
Lihue, Hawaii 96766
LEGISLATIVE BRANCH
COUNTY COUNCIL (7) (12-01-10)
CHAIR..BILL "KAIPO" ASING (D) ....241-6371
Vice-chair.......Jay Furfaro (D)....... 241-6371
Council Members
Tim Bynum (D)....... 241-6371
Dickie Chang (D).... 241-6371
Daryl Kaneshiro (D).. 241-6371
Lani Kawahara (D) .... 241-6371
Derek Kawakami (D)......... 241-6371
County Clerk
Peter A. Nakamura ......... 241-6371
Deputy County Clerk.....Ernest Pasion.... 241-6371
FAX: 241-6349
EXECUTIVE BRANCH
Mo‘ikeha Building
4444 Rice Street, Suite 235
Lihue, Hawaii 96766
OFFICE OF THE MAYOR
MAYOR ...BERNARD P. CARVALHO, JR. (D) ....(12-01-10) .. 241-4900
e-mail: mayor@kauai.gov
Administrative Assistant......Gary Heu.......... 241-4900
Executive Assistant..............Beth Tokioka ....241-4900
Executive Assistant..............Lani Nakazawa..241-4900
Administrative Aide ............Kaui Tanaka...... 241-4900
Public Information Officer ..Mary Daubert ... 241-4900
Staff Services Assistant .......Soncy Tamashiro 241-4900
FAX: 241-6877
Americans with Disabilities Act Coordinator....Christina Pilkington... 241-6203
Anti-Drug Coordinator...Theresa Koki...... 241-4925
FAX: 241-5127
OFFICE OF BOARDS AND COMMISSIONS
4444 Rice Street, Suite 150, Lihue 96766
ADMINISTRATOR.....JOHN ISOBE ...... 241-4918
Administrative Aide ...Cyndi Ayonon ....... 241-4922
FAX: 241-5127
BOARD OF ETHICS (7)
Chair ...........Leila Fuller (12-31-10)
Vice-chair....Mark Hubbard (12-31-10)
Secretary .....Christiane Nakea-Tresler (12-31-10)
Members
.Rolf Bieber.......(12-31-09)
Robert Farias.....(12-31-10)
Judith Lenthall...(12-31-09)
Paul Weil.......... (12-31-11)
CHARTER REVIEW COMMISSION (7)
Members
Barbara Bennett......... (12-31-09)
Jonathan Chun............(12-31-09)
Sherman Shiraishi......(12-31-11)
Carol Suzawa.............(12-31-11)
Leonard Vierra...........(12-31-10)
Matie Yoshioka......... (12-31-10)
__________________
COST CONTROL COMMISSION (7)
Chair ..........Tore Wistrom (12-31-09)
Vice-chair...Randy Finlay (12-01-10)
Members
Benjamin Bregman (12-31-09)
Nadine Nakamura (12-31-10)
Lorna Nishimitsu (12-31-11)
Sandy Sterker (12-31-11)
Michelle Swartman (12-31-09)
COMMITTEE ON THE STATUS OF WOMEN
Chair ............Lisa Ellen Smith (12-31-11)
Vice-chair.....Regina Carvalho (12-31-11)
Secretary .....Uli‘i Castor (12-31-11)
Members......E. Kanani Alapa (12-31-10)
Mylie Alu (12-31-09)
Jade Battad (12-31-10)
JoAnne Georgi (12-31-09)
Cherie Mooy (07-31-09)
Ann Punohu (12-31-09)
Renee Sadang (12-31-11)
Valerie Yadao (12-31-09)
Ex-officio
Darla Abbatiello (Kauai Police Department)
Malcolm Fernandez (Personnel Director)
Peter Nakamura (County Clerk's Office)
Mamo Cummings Graham (State Commissioner)
SALARY COMMISSION (7)
Chair ......Gini Kapali (12-31-09)
1st Vice-chair...Randy Hee (12-31-11)
2nd Vice-chair...Thomas Cooper (12-31-11)
Members
Bob Crowell (12-31-10)
Trinette Kaui (12-31-11)
Dawn Murata (12-31-10)
Allan Smith (12-31-09)
AGENCY ON ELDERLY AFFAIRS
COUNTY EXECUTIVE ON AGING...KEALOHA TAKAHASHI....241-4470
FAX: 241-4499
CIVIL DEFENSE AGENCY
3990 Kaana Street, Suite 100, Lihue 96766
CIVIL DEFENSE ADMINISTRATOR..MARK MARSHALL ... 241-1800
Plans & Operations Officer ..Clifford Ikeda.....241-1800
FAX: 241-1860145
OFFICE OF THE COUNTY ATTORNEY
4444 Rice Street, Suite 220, Lihue 96766
ACTING COUNTY ATTORNEY ..DARREN SUZUKI... 241-6315
FAX: 241-6319
OFFICE OF ECONOMIC DEVELOPMENT
4444 Rice Street, Suite 200, Lihue 96766
DIRECTOR....GEORGE COSTA..... 241-4946
Film Commissioner...Art Umezu ..... 241-4946
Energy Extension Coordinator ...Glenn Sato ..241-4946
Agriculture Specialist ..Charles W. Spitz ...... 241-4946
Tourism Specialist ..Nalani Brun ................... 241-4946
FAX: 241-6399
DEPARTMENT OF FINANCE
4444 Rice Street, Suite 280, Lihue 96766
DIRECTOR....WALLACE REZENTES, JR. ..... 241-4200
DEPUTY DIRECTOR .....BELMA BARIS ........ 241-6565
FAX: 241-6533
COUNTY BOARD OF REVIEW (5)
Chair ............Benjamin Lizama, Jr. (12-31-10)
Vice-chair.....Richard Koenig, Jr. (12-31-11)
Members
Craig DeCosta (12-31-11)
Cayetano "Sonny" Gerardo (12-31-11)
Eric Nordmeier (12-31-09)
FIRE DEPARTMENT
4444 Rice Street, Suite 295, Lihue 96766
FIRE CHIEF.....ROBERT WESTERMAN ....241-4980
DEPUTY FIRE CHIEF ....JOHN BLALOCK.... 241-4980
FAX: 241-6508
FIRE COMMISSION (7)
Chair ..........George Simpson (12-31-11)
Vice-chair...Darnney Proudfoot (12-31-10)
Members
Guy Croydon (12-31-10)
Basilio Fuertes (12-31-09)
Linda Kaauwai-Iwamoto (12-31-09)
Wayne Mukai (12-31-11)
Jan Rudinoff (12-31-09)
COUNTY OF KAUAI HOUSING AGENCY
DIRECTOR...EUGENE JIMENEZ.... 241-4444
Executive on Housing ....Kenneth Rainforth .... 241-4444
FAX: 241-4495
DEPARTMENT OF LIQUOR CONTROL
4444 Rice Street, Suite 120, Lihue 96766
DIRECTOR.....ERIC HONMA ....241-4966
FAX: 241-6585
LIQUOR CONTROL COMMISSION (7)
Chair ..........Clifford Nakea (12-31-11)
Vice-chair...Gerald Matsunaga (12-31-09)
Members
Shirley Akita (12-31-10)
William Gibson (12-31-10)
Gary Pacheco (12-31-11)
Myles Shibata (12-31-10)
Pauline Ventura (12-31-09)
DEPARTMENT OF PARKS & RECREATION
4444 Rice Street, Lihue 96766
DIRECTOR....LEONARD RAPOZO, JR. ... 241-4456
DEPUTY DIRECTOR .....KYLAN DELA CRUZ... 241-4456
FAX: 241-5126
DEPARTMENT OF PERSONNEL SERVICES
4444 Rice Street, Suite 140, Lihue 96766
DIRECTOR.......MALCOLM FERNANDEZ .... 241-4956
FAX: 241-6593
CIVIL SERVICE COMMISSION (7)
Chair .........Rick Haviland, Jr. (06-30-09)
Vice-chair...Lani Aranio (12-31-10)
Members
Suzanne Aquiar (12-31-10)
Gilbert F. Maerina (12-31-10)
Ann Sokei (12-31-10)
Cathy Adams (12-31-11)
Ryan Dela Pena (12-31-09)
DEPARTMENT OF PLANNING
4444 Rice Street, Suite 473, Lihue 96766
DIRECTOR....IAN COSTA... 241-6677
DEPUTY DIRECTOR ..IMAI KALANI AIU...... 241-6677
FAX: 241-6699
HISTORIC PRESERVATION (9)
Chair/Architecture.....Patricia Sheehan (12-31-09)
Vice-chair/Hawaiian Culture .....Kaimi Molly Summers (12-31-11)
Members:
Archeology
Alan E. Faye, Jr. (12-31-10)
L. Kehaulani Kekua (12-31-09)
Architecture
Dennis Alkire (12-31-11)
__________________
Hawaiian Culture
Danita Aiu (12-31-11)
History
__________________
Planning
Randolph Wichman (12-31-09)
PLANNING COMMISSION (7)
Chair/Environmentalist ...James Nishida (12-31-10)
Vice-chair/Business .....Caven Raco (12-31-09)
Members:
At-Large
Camilla Matsumoto (12-31-09)
Business
Kurt Akamine (12-31-10)
Herman Texeira (12-31-10)
Environmentalist
Hartwell Blake (12-31-11)
Labor
Jan Kimura (12-31-11)
PUBLIC ACCESS, OPEN SPACE & NATURAL RESOURCES PRESERVATION FUND COMMISSION (9)
Chair/At-Large ........Roger Caires (12-31-11)
Vice-chair/At-Large...Caren F. Diamond (05-01-11)
Members:
Anahola-Haena .....Beryl Blaich (05-01-10)
At-Large....Johanna Gomez (12-31-10)
Hanapepe-Eleele..Jean Nishida Souza (05-01-09)
Kapaa-Wailua......Eugene Punzal (12-31-10)
Koloa-Kalaheo....Theresita Kinnaman (05-01-09)
Lihue-Hanamaulu...Puna Dawson (12-31-09)
Waimea-Kekaha ...Randall Uyehara (12-31-09)147
POLICE DEPARTMENT
3990 Kaana Street, Suite 200, Lihue 96766
CHIEF OF POLICE....DARRYL PERRY ... 241-1600
DEPUTY CHIEF .......MARK BEGLEY ..... 241-1602
FAX: 241-1604
POLICE COMMISSION (7)
Chair ..........Russell Grady (12-31-10)
Vice-chair...Charles Fulks, Jr. (12-31-09)
Members
Leon Gonsalves (12-31-09)
Thomas Iannucci (12-31-11)
Alfred Nebre (12-31-11)
Rowena Tachibana (12-31-09)
__________________
DEPARTMENT OF PUBLIC WORKS
4444 Rice Street, Suite 275, Lihue 96766
COUNTY ENGINEER....DONALD FUJIMOTO..... 241-4922
DEPUTY COUNTY ENGINEER .....ED RANAUD...241-4922
Solid Waste Coordinator..........Troy Tanigawa ......... 241-4839
FAX: 241-6604
BUILDING DIVISION
4444 Rice Street, Suite 175, Lihue 96766
CHIEF OF BUILDING.....DOUGLAS HAIGH....... 241-4854
FAX: 241-6806
DIVISION OF ENGINEERING
4444 Rice Street, Suite 175, Lihue 96766
CHIEF OF ENGINEERING.....WALLACE KUDO ..... 241-4883
FAX: 241-6609
DIVISION OF ROAD CONSTRUCTION & MAINTENANCE
4444 Rice Street, Suite 255, Lihue 96766
CHIEF OF FIELD OPERATIONS AND MAINTENANCE...RYAN NISHIKAWA.... 241-4847
FAX: 241-6204
DIVISION OF WASTEWATER
4444 Rice Street, Suite 500, Lihue 96766
CHIEF OF WASTEWATER ....EDWARD TSCHUPP.... 241-6610
FAX: 241-6859
BUILDING BOARD OF APPEALS (7)
Chair/Engineering.....Larry Dill (12-31-09)
Vice-chair/Fire ...Michael S. Kano (12-31-10)
Members:
At-Large.....Jose Diogo (12-31-09)
Building.....Rodney Pascua (12-31-09)
Electrical....Norbert Watanabe (12-31-09)
Fire .....__________________
Plumber...Gaylord Fukumoto (12-31-10)
KAUAI WAR MEMORIAL CONVENTION HALL
4191 Hardy Street, Lihue 96766
HALL MANAGER...EDWARD SARITA... 241-6623
TRANSPORTATION AGENCY
4396 Rice Street, Suite 103, Lihue 96766
EXECUTIVE ON
TRANSPORTATION ...JANINE RAPOZO..... 241-6410
FAX: 241-6417148
DEPARTMENT OF WATER
4398 Pualoke Street, Lihue 96766
ACTING MANAGER &
CHIEF ENGINEER...WYNNE USHIGOME...245-5408
FAX: 246-8628
BOARD OF WATER SUPPLY (7)
Chair ........Leland Kahawai (12-31-10)
Vice-chair...Randall Nishimura (12-31-10)
Secretary .....Dee Crowell (12-31-09)
Member
Roy Oyama (12-31-09)
Ex-officio (voting)
Ian Costa (Planning Director)
Donald Fujimoto (County Engineer)
Raymond McCormick (Acting Engineer Program Manager, State Dept. of Transportation)
OFFICE OF THE PROSECUTING ATTORNEY
3990 Kaana Street, Suite 210
Lihue, Hawaii 96766
PROSECUTING ATTORNEY...SHAYLENE ISERI CARVALHO....241-1888
FIRST DEPUTY ......LORI WADA..... 241-1888
VICTIM WITNESS PROGRAM/ DIVISION DIRECTOR ..DIANA GAUESPOHL-WHITE..241-1898
FAX: 241-1758
It not just the unfathomable need to delay and stonewall the release of documents or the penchant of board and commissions- including of course the county council- to jump into executive session to hide politically sensitive deliberations.
It’s the way even the most basic information is kept under wraps even in the information age.
Ever try to find a complete list and directory of all county employees or, more to the point under current scrutiny, the complete list of board and commission members at the county web site?
Don’t bother looking. There’s not a link to be found and the search box is, as anyone who has tried to use it will tell you, worthless.
But today, while researching one of the more persistent guards at the gates of the Minotaur’s labyrinth, up popped the county directory which, although outdated by many months, elicits at least the heads and deputies of all the various departments and agencies as well as the members of all boards and commissions.
We’re not sure that once we provide the pdf link it won’t magically change so we are posting it in full today so the next time you’re getting the all-American runaround- sending you from department to agency, from civil servant to appointed bureaucrat- you can use the search box at the top of this page to find the person, department, board or commissions you’re looking for.
Here’s the directory as of March 11, 2009 when it was last modified. Spelling of all words and names are as listed by CofK. Boards and Commissions are listed under the department to which they are administratively attached.
----------
COUNTY OF KAUAI
http://www.kauai.gov
4396 Rice Street
Lihue, Hawaii 96766
LEGISLATIVE BRANCH
COUNTY COUNCIL (7) (12-01-10)
CHAIR..BILL "KAIPO" ASING (D) ....241-6371
Vice-chair.......Jay Furfaro (D)....... 241-6371
Council Members
Tim Bynum (D)....... 241-6371
Dickie Chang (D).... 241-6371
Daryl Kaneshiro (D).. 241-6371
Lani Kawahara (D) .... 241-6371
Derek Kawakami (D)......... 241-6371
County Clerk
Peter A. Nakamura ......... 241-6371
Deputy County Clerk.....Ernest Pasion.... 241-6371
FAX: 241-6349
EXECUTIVE BRANCH
Mo‘ikeha Building
4444 Rice Street, Suite 235
Lihue, Hawaii 96766
OFFICE OF THE MAYOR
MAYOR ...BERNARD P. CARVALHO, JR. (D) ....(12-01-10) .. 241-4900
e-mail: mayor@kauai.gov
Administrative Assistant......Gary Heu.......... 241-4900
Executive Assistant..............Beth Tokioka ....241-4900
Executive Assistant..............Lani Nakazawa..241-4900
Administrative Aide ............Kaui Tanaka...... 241-4900
Public Information Officer ..Mary Daubert ... 241-4900
Staff Services Assistant .......Soncy Tamashiro 241-4900
FAX: 241-6877
Americans with Disabilities Act Coordinator....Christina Pilkington... 241-6203
Anti-Drug Coordinator...Theresa Koki...... 241-4925
FAX: 241-5127
OFFICE OF BOARDS AND COMMISSIONS
4444 Rice Street, Suite 150, Lihue 96766
ADMINISTRATOR.....JOHN ISOBE ...... 241-4918
Administrative Aide ...Cyndi Ayonon ....... 241-4922
FAX: 241-5127
BOARD OF ETHICS (7)
Chair ...........Leila Fuller (12-31-10)
Vice-chair....Mark Hubbard (12-31-10)
Secretary .....Christiane Nakea-Tresler (12-31-10)
Members
.Rolf Bieber.......(12-31-09)
Robert Farias.....(12-31-10)
Judith Lenthall...(12-31-09)
Paul Weil.......... (12-31-11)
CHARTER REVIEW COMMISSION (7)
Members
Barbara Bennett......... (12-31-09)
Jonathan Chun............(12-31-09)
Sherman Shiraishi......(12-31-11)
Carol Suzawa.............(12-31-11)
Leonard Vierra...........(12-31-10)
Matie Yoshioka......... (12-31-10)
__________________
COST CONTROL COMMISSION (7)
Chair ..........Tore Wistrom (12-31-09)
Vice-chair...Randy Finlay (12-01-10)
Members
Benjamin Bregman (12-31-09)
Nadine Nakamura (12-31-10)
Lorna Nishimitsu (12-31-11)
Sandy Sterker (12-31-11)
Michelle Swartman (12-31-09)
COMMITTEE ON THE STATUS OF WOMEN
Chair ............Lisa Ellen Smith (12-31-11)
Vice-chair.....Regina Carvalho (12-31-11)
Secretary .....Uli‘i Castor (12-31-11)
Members......E. Kanani Alapa (12-31-10)
Mylie Alu (12-31-09)
Jade Battad (12-31-10)
JoAnne Georgi (12-31-09)
Cherie Mooy (07-31-09)
Ann Punohu (12-31-09)
Renee Sadang (12-31-11)
Valerie Yadao (12-31-09)
Ex-officio
Darla Abbatiello (Kauai Police Department)
Malcolm Fernandez (Personnel Director)
Peter Nakamura (County Clerk's Office)
Mamo Cummings Graham (State Commissioner)
SALARY COMMISSION (7)
Chair ......Gini Kapali (12-31-09)
1st Vice-chair...Randy Hee (12-31-11)
2nd Vice-chair...Thomas Cooper (12-31-11)
Members
Bob Crowell (12-31-10)
Trinette Kaui (12-31-11)
Dawn Murata (12-31-10)
Allan Smith (12-31-09)
AGENCY ON ELDERLY AFFAIRS
COUNTY EXECUTIVE ON AGING...KEALOHA TAKAHASHI....241-4470
FAX: 241-4499
CIVIL DEFENSE AGENCY
3990 Kaana Street, Suite 100, Lihue 96766
CIVIL DEFENSE ADMINISTRATOR..MARK MARSHALL ... 241-1800
Plans & Operations Officer ..Clifford Ikeda.....241-1800
FAX: 241-1860145
OFFICE OF THE COUNTY ATTORNEY
4444 Rice Street, Suite 220, Lihue 96766
ACTING COUNTY ATTORNEY ..DARREN SUZUKI... 241-6315
FAX: 241-6319
OFFICE OF ECONOMIC DEVELOPMENT
4444 Rice Street, Suite 200, Lihue 96766
DIRECTOR....GEORGE COSTA..... 241-4946
Film Commissioner...Art Umezu ..... 241-4946
Energy Extension Coordinator ...Glenn Sato ..241-4946
Agriculture Specialist ..Charles W. Spitz ...... 241-4946
Tourism Specialist ..Nalani Brun ................... 241-4946
FAX: 241-6399
DEPARTMENT OF FINANCE
4444 Rice Street, Suite 280, Lihue 96766
DIRECTOR....WALLACE REZENTES, JR. ..... 241-4200
DEPUTY DIRECTOR .....BELMA BARIS ........ 241-6565
FAX: 241-6533
COUNTY BOARD OF REVIEW (5)
Chair ............Benjamin Lizama, Jr. (12-31-10)
Vice-chair.....Richard Koenig, Jr. (12-31-11)
Members
Craig DeCosta (12-31-11)
Cayetano "Sonny" Gerardo (12-31-11)
Eric Nordmeier (12-31-09)
FIRE DEPARTMENT
4444 Rice Street, Suite 295, Lihue 96766
FIRE CHIEF.....ROBERT WESTERMAN ....241-4980
DEPUTY FIRE CHIEF ....JOHN BLALOCK.... 241-4980
FAX: 241-6508
FIRE COMMISSION (7)
Chair ..........George Simpson (12-31-11)
Vice-chair...Darnney Proudfoot (12-31-10)
Members
Guy Croydon (12-31-10)
Basilio Fuertes (12-31-09)
Linda Kaauwai-Iwamoto (12-31-09)
Wayne Mukai (12-31-11)
Jan Rudinoff (12-31-09)
COUNTY OF KAUAI HOUSING AGENCY
DIRECTOR...EUGENE JIMENEZ.... 241-4444
Executive on Housing ....Kenneth Rainforth .... 241-4444
FAX: 241-4495
DEPARTMENT OF LIQUOR CONTROL
4444 Rice Street, Suite 120, Lihue 96766
DIRECTOR.....ERIC HONMA ....241-4966
FAX: 241-6585
LIQUOR CONTROL COMMISSION (7)
Chair ..........Clifford Nakea (12-31-11)
Vice-chair...Gerald Matsunaga (12-31-09)
Members
Shirley Akita (12-31-10)
William Gibson (12-31-10)
Gary Pacheco (12-31-11)
Myles Shibata (12-31-10)
Pauline Ventura (12-31-09)
DEPARTMENT OF PARKS & RECREATION
4444 Rice Street, Lihue 96766
DIRECTOR....LEONARD RAPOZO, JR. ... 241-4456
DEPUTY DIRECTOR .....KYLAN DELA CRUZ... 241-4456
FAX: 241-5126
DEPARTMENT OF PERSONNEL SERVICES
4444 Rice Street, Suite 140, Lihue 96766
DIRECTOR.......MALCOLM FERNANDEZ .... 241-4956
FAX: 241-6593
CIVIL SERVICE COMMISSION (7)
Chair .........Rick Haviland, Jr. (06-30-09)
Vice-chair...Lani Aranio (12-31-10)
Members
Suzanne Aquiar (12-31-10)
Gilbert F. Maerina (12-31-10)
Ann Sokei (12-31-10)
Cathy Adams (12-31-11)
Ryan Dela Pena (12-31-09)
DEPARTMENT OF PLANNING
4444 Rice Street, Suite 473, Lihue 96766
DIRECTOR....IAN COSTA... 241-6677
DEPUTY DIRECTOR ..IMAI KALANI AIU...... 241-6677
FAX: 241-6699
HISTORIC PRESERVATION (9)
Chair/Architecture.....Patricia Sheehan (12-31-09)
Vice-chair/Hawaiian Culture .....Kaimi Molly Summers (12-31-11)
Members:
Archeology
Alan E. Faye, Jr. (12-31-10)
L. Kehaulani Kekua (12-31-09)
Architecture
Dennis Alkire (12-31-11)
__________________
Hawaiian Culture
Danita Aiu (12-31-11)
History
__________________
Planning
Randolph Wichman (12-31-09)
PLANNING COMMISSION (7)
Chair/Environmentalist ...James Nishida (12-31-10)
Vice-chair/Business .....Caven Raco (12-31-09)
Members:
At-Large
Camilla Matsumoto (12-31-09)
Business
Kurt Akamine (12-31-10)
Herman Texeira (12-31-10)
Environmentalist
Hartwell Blake (12-31-11)
Labor
Jan Kimura (12-31-11)
PUBLIC ACCESS, OPEN SPACE & NATURAL RESOURCES PRESERVATION FUND COMMISSION (9)
Chair/At-Large ........Roger Caires (12-31-11)
Vice-chair/At-Large...Caren F. Diamond (05-01-11)
Members:
Anahola-Haena .....Beryl Blaich (05-01-10)
At-Large....Johanna Gomez (12-31-10)
Hanapepe-Eleele..Jean Nishida Souza (05-01-09)
Kapaa-Wailua......Eugene Punzal (12-31-10)
Koloa-Kalaheo....Theresita Kinnaman (05-01-09)
Lihue-Hanamaulu...Puna Dawson (12-31-09)
Waimea-Kekaha ...Randall Uyehara (12-31-09)147
POLICE DEPARTMENT
3990 Kaana Street, Suite 200, Lihue 96766
CHIEF OF POLICE....DARRYL PERRY ... 241-1600
DEPUTY CHIEF .......MARK BEGLEY ..... 241-1602
FAX: 241-1604
POLICE COMMISSION (7)
Chair ..........Russell Grady (12-31-10)
Vice-chair...Charles Fulks, Jr. (12-31-09)
Members
Leon Gonsalves (12-31-09)
Thomas Iannucci (12-31-11)
Alfred Nebre (12-31-11)
Rowena Tachibana (12-31-09)
__________________
DEPARTMENT OF PUBLIC WORKS
4444 Rice Street, Suite 275, Lihue 96766
COUNTY ENGINEER....DONALD FUJIMOTO..... 241-4922
DEPUTY COUNTY ENGINEER .....ED RANAUD...241-4922
Solid Waste Coordinator..........Troy Tanigawa ......... 241-4839
FAX: 241-6604
BUILDING DIVISION
4444 Rice Street, Suite 175, Lihue 96766
CHIEF OF BUILDING.....DOUGLAS HAIGH....... 241-4854
FAX: 241-6806
DIVISION OF ENGINEERING
4444 Rice Street, Suite 175, Lihue 96766
CHIEF OF ENGINEERING.....WALLACE KUDO ..... 241-4883
FAX: 241-6609
DIVISION OF ROAD CONSTRUCTION & MAINTENANCE
4444 Rice Street, Suite 255, Lihue 96766
CHIEF OF FIELD OPERATIONS AND MAINTENANCE...RYAN NISHIKAWA.... 241-4847
FAX: 241-6204
DIVISION OF WASTEWATER
4444 Rice Street, Suite 500, Lihue 96766
CHIEF OF WASTEWATER ....EDWARD TSCHUPP.... 241-6610
FAX: 241-6859
BUILDING BOARD OF APPEALS (7)
Chair/Engineering.....Larry Dill (12-31-09)
Vice-chair/Fire ...Michael S. Kano (12-31-10)
Members:
At-Large.....Jose Diogo (12-31-09)
Building.....Rodney Pascua (12-31-09)
Electrical....Norbert Watanabe (12-31-09)
Fire .....__________________
Plumber...Gaylord Fukumoto (12-31-10)
KAUAI WAR MEMORIAL CONVENTION HALL
4191 Hardy Street, Lihue 96766
HALL MANAGER...EDWARD SARITA... 241-6623
TRANSPORTATION AGENCY
4396 Rice Street, Suite 103, Lihue 96766
EXECUTIVE ON
TRANSPORTATION ...JANINE RAPOZO..... 241-6410
FAX: 241-6417148
DEPARTMENT OF WATER
4398 Pualoke Street, Lihue 96766
ACTING MANAGER &
CHIEF ENGINEER...WYNNE USHIGOME...245-5408
FAX: 246-8628
BOARD OF WATER SUPPLY (7)
Chair ........Leland Kahawai (12-31-10)
Vice-chair...Randall Nishimura (12-31-10)
Secretary .....Dee Crowell (12-31-09)
Member
Roy Oyama (12-31-09)
Ex-officio (voting)
Ian Costa (Planning Director)
Donald Fujimoto (County Engineer)
Raymond McCormick (Acting Engineer Program Manager, State Dept. of Transportation)
OFFICE OF THE PROSECUTING ATTORNEY
3990 Kaana Street, Suite 210
Lihue, Hawaii 96766
PROSECUTING ATTORNEY...SHAYLENE ISERI CARVALHO....241-1888
FIRST DEPUTY ......LORI WADA..... 241-1888
VICTIM WITNESS PROGRAM/ DIVISION DIRECTOR ..DIANA GAUESPOHL-WHITE..241-1898
FAX: 241-1758
Monday, January 11, 2010
(PNN) ABREW FILES WRITTEN RECORDS, CLARIFICATION REQUESTS WITH COUNTY CLERK AT OIP’S URGING
ABREW FILES WRITTEN RECORDS, CLARIFICATION REQUESTS WITH COUNTY CLERK AT OIP’S URGING
(PNN) -- The release of information on the applications of prospective board and commission (B&C) members took another turn today when, on instructions from the Office of Information Practices (OIP), good government activist Rob Abrew filed for that information and also submitted a written request to “seek clarification in writing from the County Clerk’s office as to whether and to what extent all the applications received in the Clerk’s office concerning the Mayor's successful applicants to various Kauai County Boards and Commission's, will be made available to the public”.
Abrew also asked “before any additional action is taken by the Clerks Office and by the Kauai County Council on any appointments not already approved, that the Clerk respond to this request”.
Abrew’s complete letter to County Clerk Peter Nakamura is reproduced below.
In response to a request by Abrew for guidance as to how to proceed given previous OIP rulings on the matter (see PNN/gw?) Friday - COUNCIL IGNORES, FLOUTS OIP IN CONFIRMING BOARD, COMMISSION MEMBERS) the OIP’s Acting Director Cathy L. Takase told Abrew that:
We have received your email dated January 7, 2010 asking that the Office of Information Practices (OIP) review whether or not the Kauai County Council must disclose the application of a successful applicant for a county board or commission prior to their action on that applicant, i.e., where the Mayor has appointed the individual and that individual's appointment is now before the Council for confirmation. You stated that you orally asked the County Clerk's office for copies of the applications and were orally denied access to them.
OIP does not generally issue opinions based upon informal requests (i.e., oral requests) made to agencies for records under the Uniform Information Practices Act (Modified), chapter 92F, Hawaii Revised Statutes (HRS) (the UIPA). Therefore, we will not be opening a case file for your request. However, we note that you are correct that OIP has previously opined that Council confirmation of board and commission appointees must be done in an open meeting and that successful nominee applications are generally public with respect to information such as names, employment history, current occupations and education. See oip Op. Ltr. No. 05-04 (issued to Council member JoAnn Yukimura); Op. Ltr. No. 91-8 (application information to be disclosed for Governor's nominees).
It is our understanding that the meeting at which the Mayor's nominees were confirmed has passed. Given this fact, we presume that you are no longer interested in getting the actual applications, but are instead seeking to get clarification for future confirmations. Given these facts, we suggest that you seek clarification in writing from the County Clerk's office or the County Attorney's office as to whether and to what extent applications of successful mayoral nominees for boards and commissions will be made available. You may provide them with a copy of this letter, and they may consult with 01? if desired. If you receive a response that is inconsistent with the above-referenced 01P opinions, you may request an opinion at that time, enclosing a copy of your request and any written agency response received.
Although many of the nominees were confirmed last Wednesday without the information being publicly available despite a verbal request by Abrew, in today’s written document request Abrew asked for the applications of those prospective B&C members whose confirmations have been deferred because the council had to reschedule their interviews.
Verbal request for public documents related to current agenda items are always granted by council services without delay or charge. Written requests for documents can face a 10 business day delay before a response is sent, according to state law.
Since agendas need not be filed until six calendar days before a meeting, a document may not be available until well after the meeting.
According to sources, Nakamura and the council are seeking to set the responsibility for redacting the parts of the applications that do not fall into the “public interest” category- like phone numbers and other extraneous information- and releasing them.
But the OIP has said that it is the council’s responsibility to make the documents available before the meeting because the trigger for releasing the information is the public nature of the confirmation process and the public’s right to testify on each nominee armed with the information contained in the applications.
Abrew also submitted his testimony from last Wednesday’s council meeting as well as the letter from Takase along with the two requests.
The summaries and complete texts of OIP Opinion. Letters No. 91-8 and 05-04 are available on-line at:
91-8 Summery -- Full Text
05-04 Summery -- Full Text
---------
Abrew’s letter to County Clerk Nakamura
01/11/10
Mr. Peter Nakamura, Kauai County Clerk
I would like to seek clarification in writing from the County Clerks office as to weather and to what extent all the applications received in the Clerks office concerning the Mayor's successful applicants to various Kauai County Boards and Commission's , will be made available to the public.
This clarification is in response to a oral request for these applications that was denied on January 4 2010 from this Office at the counter.
I would ask the County Clerk to respond to this request for clarification as soon as possible due to a letter I received from the State of Hawaii Office of Information Practices on January 8 2010. This letter addresses a previous letter sent to The County Clerks Office IE.. OIP 05-04. This letter is attached to this request.
I also ask before any additional action is taken by the Clerks Office and by the Kauai County Council on any appointments not already approved that the Clerk respond to this request
I have also included in this request for clarification, the testimony I presented to the County Council on 1-05-10. This testimony describes in detail my concerns with information not available to the public as required by law for the County Council to review and act on the Mayor’s selected appointments to various County Boards and Commissions.
Mahalo,
Rob Abrew
(PNN) -- The release of information on the applications of prospective board and commission (B&C) members took another turn today when, on instructions from the Office of Information Practices (OIP), good government activist Rob Abrew filed for that information and also submitted a written request to “seek clarification in writing from the County Clerk’s office as to whether and to what extent all the applications received in the Clerk’s office concerning the Mayor's successful applicants to various Kauai County Boards and Commission's, will be made available to the public”.
Abrew also asked “before any additional action is taken by the Clerks Office and by the Kauai County Council on any appointments not already approved, that the Clerk respond to this request”.
Abrew’s complete letter to County Clerk Peter Nakamura is reproduced below.
In response to a request by Abrew for guidance as to how to proceed given previous OIP rulings on the matter (see PNN/gw?) Friday - COUNCIL IGNORES, FLOUTS OIP IN CONFIRMING BOARD, COMMISSION MEMBERS) the OIP’s Acting Director Cathy L. Takase told Abrew that:
We have received your email dated January 7, 2010 asking that the Office of Information Practices (OIP) review whether or not the Kauai County Council must disclose the application of a successful applicant for a county board or commission prior to their action on that applicant, i.e., where the Mayor has appointed the individual and that individual's appointment is now before the Council for confirmation. You stated that you orally asked the County Clerk's office for copies of the applications and were orally denied access to them.
OIP does not generally issue opinions based upon informal requests (i.e., oral requests) made to agencies for records under the Uniform Information Practices Act (Modified), chapter 92F, Hawaii Revised Statutes (HRS) (the UIPA). Therefore, we will not be opening a case file for your request. However, we note that you are correct that OIP has previously opined that Council confirmation of board and commission appointees must be done in an open meeting and that successful nominee applications are generally public with respect to information such as names, employment history, current occupations and education. See oip Op. Ltr. No. 05-04 (issued to Council member JoAnn Yukimura); Op. Ltr. No. 91-8 (application information to be disclosed for Governor's nominees).
It is our understanding that the meeting at which the Mayor's nominees were confirmed has passed. Given this fact, we presume that you are no longer interested in getting the actual applications, but are instead seeking to get clarification for future confirmations. Given these facts, we suggest that you seek clarification in writing from the County Clerk's office or the County Attorney's office as to whether and to what extent applications of successful mayoral nominees for boards and commissions will be made available. You may provide them with a copy of this letter, and they may consult with 01? if desired. If you receive a response that is inconsistent with the above-referenced 01P opinions, you may request an opinion at that time, enclosing a copy of your request and any written agency response received.
Although many of the nominees were confirmed last Wednesday without the information being publicly available despite a verbal request by Abrew, in today’s written document request Abrew asked for the applications of those prospective B&C members whose confirmations have been deferred because the council had to reschedule their interviews.
Verbal request for public documents related to current agenda items are always granted by council services without delay or charge. Written requests for documents can face a 10 business day delay before a response is sent, according to state law.
Since agendas need not be filed until six calendar days before a meeting, a document may not be available until well after the meeting.
According to sources, Nakamura and the council are seeking to set the responsibility for redacting the parts of the applications that do not fall into the “public interest” category- like phone numbers and other extraneous information- and releasing them.
But the OIP has said that it is the council’s responsibility to make the documents available before the meeting because the trigger for releasing the information is the public nature of the confirmation process and the public’s right to testify on each nominee armed with the information contained in the applications.
Abrew also submitted his testimony from last Wednesday’s council meeting as well as the letter from Takase along with the two requests.
The summaries and complete texts of OIP Opinion. Letters No. 91-8 and 05-04 are available on-line at:
91-8 Summery -- Full Text
05-04 Summery -- Full Text
---------
Abrew’s letter to County Clerk Nakamura
01/11/10
Mr. Peter Nakamura, Kauai County Clerk
I would like to seek clarification in writing from the County Clerks office as to weather and to what extent all the applications received in the Clerks office concerning the Mayor's successful applicants to various Kauai County Boards and Commission's , will be made available to the public.
This clarification is in response to a oral request for these applications that was denied on January 4 2010 from this Office at the counter.
I would ask the County Clerk to respond to this request for clarification as soon as possible due to a letter I received from the State of Hawaii Office of Information Practices on January 8 2010. This letter addresses a previous letter sent to The County Clerks Office IE.. OIP 05-04. This letter is attached to this request.
I also ask before any additional action is taken by the Clerks Office and by the Kauai County Council on any appointments not already approved that the Clerk respond to this request
I have also included in this request for clarification, the testimony I presented to the County Council on 1-05-10. This testimony describes in detail my concerns with information not available to the public as required by law for the County Council to review and act on the Mayor’s selected appointments to various County Boards and Commissions.
Mahalo,
Rob Abrew
Friday, January 8, 2010
(PNN) COUNCIL IGNORES, FLOUTS OIP IN CONFIRMING BOARD, COMMISSION MEMBERS
COUNCIL IGNORES, FLOUTS OIP IN CONFIRMING BOARD, COMMISSION MEMBERS
(PNN) -- To the surprise of few if any, the Kaua`i County Council ignored state law and two Office of Information Practices (OIP) directives in refusing to provide the public with certain information contained in the applications of some 21 nominees for positions on Board and Commissions (B&C) before confirming most of them at Wednesday’s council meeting.
The confirmations came despite the detailed testimony from good governance activist Rob Abrew- posted Wednesday in this space- documenting how OIP had twice explained the importance of the public interest (over privacy concerns) in receiving the information contained in the applications of prospective B&C members before they are confirmed.
After consulting with the county attorney during a recess, Councilperson Lani Kawahara promised to send a communication to the Office of B&C (OBC) asking them to look into the matter, But according to Abrew if and when the information is made available it will be “too late” to be useful in testifying about specific applicants.
Abrew and council watcher Glenn Mickens both told PNN that during a recess in the meeting Councilperson Jay Furfaro told them that the council need not follow OIP directions because “the OIP can be wrong” as evidenced by the council winning their lawsuit against the county over the ES (executive session) 177 case.
The county’s recent victory in the “ES-177” lawsuit was related to OIP’s authority over open meetings or “sunshine law" (HRS 92 section I) matters, not the open records or the Uniform Information Practices Act (UIPA HRS 92F) matters where the law is specific in granting the OIP the authority to decide which should prevail privacy vs. pubic interest matters.
The OIP sought to define the ES-177 dispute as a matter of UIPA law because it involved the release of executive session minutes, a “record”. But the Hawai`i Supreme Count ruled that it was an open meetings matter, because it was related to an open meeting issue.
The OIP has said that because of the ruling it will no longer release “formal opinions” on sunshine issues but will continue in it’s role in determining UIPA matters
The applications were made available to the council but were not released to the public with councilmembers contending that it was a matter for the OBC to decide even though the OIP specifically instructed the council itself to release the material.
According to Abrew’s testimony:
In an Letter dated January 1, 2005 addressed to Former Council Member JoAnn Yukimura concerning Executive Session Interviews, the issue of public disclosure of a successful applicant's information was discussed at great length. This letter was responsible for the interviews of the successful applicant's moving from Executive Session to a Public Meeting.
This Letter was also copied and sent to Chair Asing, Former County Attorney Nakazawa and County Clerk Peter Nakamura
It stated:
The Charter provides that all members of boards and commissions shall be appointed and may be removed by the mayor, with the approval of the council.” Charter, Art. XXIII, § 23.02. It is our understanding that, in accordance with the Charter, the Mayor transmits to the Council the names of the appointees for the Council’s approval. A copy of each appointee’s application for appointment to the board or commission is also transmitted to the Council. The application includes, among other things, the appointee’s name and employer, a summary of the appointee’s major work experience, and a statement of the applicant’s understanding of the primary duties of the appointment.
Although the UIPA recognizes that individuals have a significant privacy interest in “applications” and “nominations” for “appointment to a governmental position,” the OIP has previously opined that this significant privacy interest is outweighed by the public interest in the application information concerning successful applicants, or nominees, because it “sheds light upon the composition, conduct, and potential conflicts of interest of government board and commission members.” OIP Op. Ltr. No. 91-8 (June 24, 1991). Therefore, the UIPA would require the disclosure of the appointees’ application information.
The resolutions to confirm a handful of the applicants was deferred pending a rescheduling of their missed interviews but there is no indication whether the information in their applications would be forthcoming.
(PNN) -- To the surprise of few if any, the Kaua`i County Council ignored state law and two Office of Information Practices (OIP) directives in refusing to provide the public with certain information contained in the applications of some 21 nominees for positions on Board and Commissions (B&C) before confirming most of them at Wednesday’s council meeting.
The confirmations came despite the detailed testimony from good governance activist Rob Abrew- posted Wednesday in this space- documenting how OIP had twice explained the importance of the public interest (over privacy concerns) in receiving the information contained in the applications of prospective B&C members before they are confirmed.
After consulting with the county attorney during a recess, Councilperson Lani Kawahara promised to send a communication to the Office of B&C (OBC) asking them to look into the matter, But according to Abrew if and when the information is made available it will be “too late” to be useful in testifying about specific applicants.
Abrew and council watcher Glenn Mickens both told PNN that during a recess in the meeting Councilperson Jay Furfaro told them that the council need not follow OIP directions because “the OIP can be wrong” as evidenced by the council winning their lawsuit against the county over the ES (executive session) 177 case.
The county’s recent victory in the “ES-177” lawsuit was related to OIP’s authority over open meetings or “sunshine law" (HRS 92 section I) matters, not the open records or the Uniform Information Practices Act (UIPA HRS 92F) matters where the law is specific in granting the OIP the authority to decide which should prevail privacy vs. pubic interest matters.
The OIP sought to define the ES-177 dispute as a matter of UIPA law because it involved the release of executive session minutes, a “record”. But the Hawai`i Supreme Count ruled that it was an open meetings matter, because it was related to an open meeting issue.
The OIP has said that because of the ruling it will no longer release “formal opinions” on sunshine issues but will continue in it’s role in determining UIPA matters
The applications were made available to the council but were not released to the public with councilmembers contending that it was a matter for the OBC to decide even though the OIP specifically instructed the council itself to release the material.
According to Abrew’s testimony:
In an Letter dated January 1, 2005 addressed to Former Council Member JoAnn Yukimura concerning Executive Session Interviews, the issue of public disclosure of a successful applicant's information was discussed at great length. This letter was responsible for the interviews of the successful applicant's moving from Executive Session to a Public Meeting.
This Letter was also copied and sent to Chair Asing, Former County Attorney Nakazawa and County Clerk Peter Nakamura
It stated:
The Charter provides that all members of boards and commissions shall be appointed and may be removed by the mayor, with the approval of the council.” Charter, Art. XXIII, § 23.02. It is our understanding that, in accordance with the Charter, the Mayor transmits to the Council the names of the appointees for the Council’s approval. A copy of each appointee’s application for appointment to the board or commission is also transmitted to the Council. The application includes, among other things, the appointee’s name and employer, a summary of the appointee’s major work experience, and a statement of the applicant’s understanding of the primary duties of the appointment.
Although the UIPA recognizes that individuals have a significant privacy interest in “applications” and “nominations” for “appointment to a governmental position,” the OIP has previously opined that this significant privacy interest is outweighed by the public interest in the application information concerning successful applicants, or nominees, because it “sheds light upon the composition, conduct, and potential conflicts of interest of government board and commission members.” OIP Op. Ltr. No. 91-8 (June 24, 1991). Therefore, the UIPA would require the disclosure of the appointees’ application information.
The resolutions to confirm a handful of the applicants was deferred pending a rescheduling of their missed interviews but there is no indication whether the information in their applications would be forthcoming.
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