(PNN)-- Deputy County Attorney Mona Clark told the Kaua`i County
Council today (Wed 5/28) that the county clerk does not have to put a
proposed
charter amendment on the ballot even if it has sufficient
signatures if it is determined that the "substance" of the
amendment really makes it an initiative.
The amendment, being submitted by the group "Kaua`i Rising"
seeks to "Protect From Hazards of GMO Agriculture, Toxins and
Testing (and) Establish an Administrator of Environmental Health, and
Provide for Enforcement"
Though the Kaua`i
County Charter (Article XXIV) apparently denies the council the
power to refuse access to the ballot if sufficient signatures are
obtained for a charter amendment, a count ruling on the last
petition-submitted charter amendment, Nakazawa v Baptiste, said that
even if a petition claims to be a charter amendment the county should
look at the substance, not the form, in determining if indeed it is a
charter amendment or an initiative.
An initiative puts an ordinance or law into effect as opposed to a
charter amendment which changes the overall governing document of the
county, similar to changing a state or federal constitution.
Clark said she will formally address the matter in writing and the
council will meet again next Wednesday to review her opinion and
determine where to go from here after the council voted to receive
the matter.
The number of signatures for a charter amendment is 5% of the
number of registered voters while the amount for an initiative is
20%- a four-fold discrepancy the current charter commission is
considering addressing with a charter amendment of their own to
either raise one threshold or lower the other.
If it is determined the Kaua`i Rising petition is an initiative it
would change the number of signatures required from a little over
2,000 to over 8,000.
The attorney for the petitioners submitting the charter amendment
petition told the council that certainly at least some of the
document qualifies as a charter amendment such as the creation of a
new Department of the Environmental Health but that he wanted to wait
until the signatures so far are verified so he knows how many more he
might need for an intuitive or whether to modify the petition.
On the matter of sufficiency of and any changes to the petition,
the charter says:
"Upon filing of such petition with the council, the county
clerk shall examine it to see whether it contains a sufficient number
of valid signatures of registered voters...
By petition presented to the council, signed by registered
voters comprising not less than five percent (5%) of the number of
voters registered in the last general election, setting forth the
proposed amendments. Such petitions shall designate and authorize not
less than three nor more than five of the signers thereto to approve
any alteration or change in the form or language or any restatement
of the text of the proposed amendments which may be made by the
county attorney."
The provision does not give the county attorney, the county clerk
or the council the right to unilaterally change or determine anything
about the petition, notwithstanding the count ruling in Nakazawa.
The case was originally infamous because it had the county suing
the county with the County Attorney, Lani Nakazawa, suing then-Mayor,
Bryan Baptiste.
The amendment "is to be filed "(b)y petition presented
to the council" though it does not define what that means, if
anything, beyond having the county clerk verify that it has a
sufficient number of signatures. The court ruling does not say how to
determine what to do if the the content is that of an initiative nor
who should determine that.
The attorney for the group said he is not representing the group
as far as election law, just for purposes of drawing up the petition.
He did say that based on today's proceedings "there will be"
an attorney to represent the group. He said he welcomes advice from
CA Clark as to how to address the matter in the interim between now
and a special council meeting tentatively scheduled for June 4. At
that time the council will meet in executive session and consider the
opinion and what to do with it.
Clark said that it is up to the council to determine sufficiency
but Councilmember JoAnn Yukimura, an attorney, disagreed saying all
the council can do is accept it and send it to the clerk- where it
should go no matter what the council says, as has been done in the
past.
Council Chair Jay Furfaro repeatedly told the council that they
had to determine "if it's a cat or a dog" referring to
whether it's a charter amendment or an initiative. Clark says that
determination should be made by the county attorney.
If it is determined that it is an initiative the matter of
"sufficiency" would be referred to Charter Article XXII on
Initiative and Referendum which envisions a much more complex scheme
for determining content with a back and forth between the petitioners
and the county's attorneys.
Councilmember Gary Hooser questioned whether the opinion would be
made public to which Clark responded that it is the decision of the
council what to do with it.
County Clerk Rick Watenabe said he has been meeting with the
petitioners thus far solely to work on the sufficiency of the
signatures as the charter commands. He said he never held up the
petition for any other reason. He said that a delay today would delay
the process of verifying signature.
Hooser said he would prefer the signature verification process for
a charter amendment proceed while the CA opinion is drawn up. He said
it could always be changed to an initiative at a later date.
Wednesday, May 28, 2014
Tuesday, May 27, 2014
PARENTS OUTRAGED AS MONSANTO-FUNDED, UH-DISTRIBUTED "COMIC BOOKS" TEACH KAPA`A ELEMENTARY STUDENTS THE JOYS OF GMOS
(PNN) Kapa`a (May 27)- Outrage is going viral today on Kaua`i as
parents and community members perused pro-biotech, propaganda-filled
comic books that were distributed to Kapa`a Elementary School
kids as part of a Monsanto Foundation-funded, "GENE-ius Day"
program "taught" by the "Biotechnology Outreach
Program" in the College of Tropical Agriculture and Human
Resources (CTAHR) at the University of Hawai`i at Manoa.
Although details are still coming in the personalized "comic book" pamphlets were given to kids who were apparently took part in CTAHR Associate Professor Dr. Ania Wieczorek's, eight-year-old indoctrination program. A newer “Saturday Gene-ius” program began about two years ago, and according to an April 24 UH Professional Assembly release "(e)ach Saturday Gene-ius class has about 24 students and their parents come to the UH-Manoa campus for two hours of exciting, thought-provoking activities. The classes are also held at Kauai Community College.
According to the CTAHR/"GENE-ius Day" web site "(t)hese GENE-ius Day field trips are aligned to teach science standards and its implications in genetics, agriculture, and forensic sciences in a fun and memorable way."
The pamphlet/comic books include images of children dismayed to look in their cupboards only to find there were no more "chips" and "cookies" because there were no more farmers to grow the ingredients since apparently their job was too hard- a job now miraculously made virtually effort-free through use of GMOs and pesticides, presumably courtesy of the good folks at Monsanto.
According to the CTAHR web site "(o)ur Gene-ius Day Program is funded by various grants, organizations, and private donations. Without the generous support from our sponsors, the GENE-ius Day Program could not be possible."
So who are these generous supporters? According to a November 4, 2010 UH Foundation press release
"Monsanto Supports "Gene-ius Day" at UH Mānoa College of Tropical Agriculture and Human Resources
(Honolulu, Hawaiʻi) — The College of Tropical Agriculture and Human Resources (CTAHR), at the University of Hawaiʻi at Mānoa has received $20,000 from the Monsanto Fund, a private foundation and the philanthropic arm of Monsanto Company, to support salaries and materials for "Gene-ius Day." Gene-ius Day is a special program that introduces students from grade 4 through 12 to basic genetics and the function of DNA.
"CTAHR is pleased to team up with the Monsanto Fund to build a shared learning experience about basic genetics," said Dr. Ania Wieczorek, founder and director of Gene-ius Day and associate specialist in Biotechnology, Biotechnology Outreach Program (CTAHR). "A primary goal of the Gene-ius Day Program is to build a strong understanding of basic genetics at the elementary school level so that teachers are able to present increasingly complex biotechnology topics in the upper grades."
"We're thrilled the Monsanto Fund is able to support Gene-ius Day, which not only teaches science, but encourages students to imagine themselves as scientists," said Dr. Fred Perlak, vice president of research and business operations for Monsanto Hawaii, and an award-winning microbiologist. "Monsanto is proud to employ thousands of scientists and other talented employees who use science and technology in their daily work. I hope many of the students who participate in Gene-ius Day will go on to pursue great careers in the sciences."
Pages of the personalized comic books with different names on the covers began to surface on social media yesterday and elicited outrage, especially among parents and community members who have tried to tech their children about the dangers of pesticides, the lack of actual data on and chemical company false claims of the safety of generically modified foods and the benefits of eating healthy, sustainably grown, chemical-free foods.
The program is headed up by "Dr. Ania" as she is "affectionately called" using a team of graduate and undergraduate students as well as "volunteers" who are listed at the web site. None are listed as geneticists or students of genetics.
The UHPA press release says:
Wieczorek's love for molecular ecology and biotechnology is clearly evident in the way she serves the community. She may even tell you it’s part her DNA. She has led the UH Biotechnology Outreach Program since it began in 2002, sharing her expertise in numerous venues across the state, on the Mainland, and in Taiwan.
"She saw a need in the community for greater awareness and appreciation for genetics, and filled it. Dr. Wieczorek felt more individuals, both adults and children, could make sound decisions about biotechnology issues if they were informed about scientific facts. That desire led to her launch of a new field trip program for elementary school students seven years ago called “Gene-ius Day.” Dr. Wieczorek’s goal is to use DNA to inspire students...
"To date, more than 5,000 young students have participated in hands-on activities on topics such as human and plant genetic traits, forensic science, agriculture and DNA research... The Gene-ius Day became so popular that Dr. Wieczorek started another program called “Saturday Gene-ius” about two years ago. Each Saturday Gene-ius class has about 24 students and their parents come to the UH-Manoa campus for two hours of exciting, thought-provoking activities. The classes are also held at Kauai Community College.
"Dr. Wieczorek added that in the near future, the Saturday Gene-ius program will be expanded to middle school students, which will greatly expand the reach of this outreach program.
The Saturday Gene-ius classes fill up quickly."
Kaua`i has nationally been called "ground zero" in the fight against the chemical companies- Syngenta, Dow and BASF after Monsanto pulled out of Kaua`i a few years back- who conduct pesticide experiments in the Westside town of Waimea.
It has been revealed through a lawsuit in federal court (Waimea vs, Pioneer et. al.), that corn, soy and other commodity foodstuffs are routinely doused 240 days a year (with multiple different pesticides routinely used on those days) with up to 18 tons a year of extra-toxic "restricted use pesticides" that have been implicated in a plethora of illnesses by local doctors and nurse practitioners as well as an unusually high number of a specific type of heart anomaly in newborns.
The state Department of Health stopped compiling data on illnesses in 2006 claiming a lack of funding.
Recently citizens recently engaged with paid biotech workers as the local county council passed a bill requiring that the companies disclose exactly what, where and when they are spraying and created buffer zones around the testing fields after years of data-request stonewalling by the chemical companies and state flouting of regulations.
A recent DOH study found pesticides present in streams and their sediment near and around the chemical testing fields but does not plan to retest.
After public outrage threatened his November reelection Governor Neil Abercrombie instituted a "voluntary" partial disclose program while the bill was being debated. Activists called the "Good Neighbor Program" too little, too late and the bill passed after an override of a veto by Mayor Bernard Carvalho Jr.
Carvalho also faces reelection this year and is being challenged by local surfer Dustin Barca, one of the leaders of the "Pass The Bill" movement and an organizer of a 4000-strong march on the county building. The population on Kaua`i is 61,000.
Although details are still coming in the personalized "comic book" pamphlets were given to kids who were apparently took part in CTAHR Associate Professor Dr. Ania Wieczorek's, eight-year-old indoctrination program. A newer “Saturday Gene-ius” program began about two years ago, and according to an April 24 UH Professional Assembly release "(e)ach Saturday Gene-ius class has about 24 students and their parents come to the UH-Manoa campus for two hours of exciting, thought-provoking activities. The classes are also held at Kauai Community College.
According to the CTAHR/"GENE-ius Day" web site "(t)hese GENE-ius Day field trips are aligned to teach science standards and its implications in genetics, agriculture, and forensic sciences in a fun and memorable way."
The pamphlet/comic books include images of children dismayed to look in their cupboards only to find there were no more "chips" and "cookies" because there were no more farmers to grow the ingredients since apparently their job was too hard- a job now miraculously made virtually effort-free through use of GMOs and pesticides, presumably courtesy of the good folks at Monsanto.
According to the CTAHR web site "(o)ur Gene-ius Day Program is funded by various grants, organizations, and private donations. Without the generous support from our sponsors, the GENE-ius Day Program could not be possible."
So who are these generous supporters? According to a November 4, 2010 UH Foundation press release
"Monsanto Supports "Gene-ius Day" at UH Mānoa College of Tropical Agriculture and Human Resources
(Honolulu, Hawaiʻi) — The College of Tropical Agriculture and Human Resources (CTAHR), at the University of Hawaiʻi at Mānoa has received $20,000 from the Monsanto Fund, a private foundation and the philanthropic arm of Monsanto Company, to support salaries and materials for "Gene-ius Day." Gene-ius Day is a special program that introduces students from grade 4 through 12 to basic genetics and the function of DNA.
"CTAHR is pleased to team up with the Monsanto Fund to build a shared learning experience about basic genetics," said Dr. Ania Wieczorek, founder and director of Gene-ius Day and associate specialist in Biotechnology, Biotechnology Outreach Program (CTAHR). "A primary goal of the Gene-ius Day Program is to build a strong understanding of basic genetics at the elementary school level so that teachers are able to present increasingly complex biotechnology topics in the upper grades."
"We're thrilled the Monsanto Fund is able to support Gene-ius Day, which not only teaches science, but encourages students to imagine themselves as scientists," said Dr. Fred Perlak, vice president of research and business operations for Monsanto Hawaii, and an award-winning microbiologist. "Monsanto is proud to employ thousands of scientists and other talented employees who use science and technology in their daily work. I hope many of the students who participate in Gene-ius Day will go on to pursue great careers in the sciences."
Pages of the personalized comic books with different names on the covers began to surface on social media yesterday and elicited outrage, especially among parents and community members who have tried to tech their children about the dangers of pesticides, the lack of actual data on and chemical company false claims of the safety of generically modified foods and the benefits of eating healthy, sustainably grown, chemical-free foods.
The program is headed up by "Dr. Ania" as she is "affectionately called" using a team of graduate and undergraduate students as well as "volunteers" who are listed at the web site. None are listed as geneticists or students of genetics.
The UHPA press release says:
Wieczorek's love for molecular ecology and biotechnology is clearly evident in the way she serves the community. She may even tell you it’s part her DNA. She has led the UH Biotechnology Outreach Program since it began in 2002, sharing her expertise in numerous venues across the state, on the Mainland, and in Taiwan.
"She saw a need in the community for greater awareness and appreciation for genetics, and filled it. Dr. Wieczorek felt more individuals, both adults and children, could make sound decisions about biotechnology issues if they were informed about scientific facts. That desire led to her launch of a new field trip program for elementary school students seven years ago called “Gene-ius Day.” Dr. Wieczorek’s goal is to use DNA to inspire students...
"To date, more than 5,000 young students have participated in hands-on activities on topics such as human and plant genetic traits, forensic science, agriculture and DNA research... The Gene-ius Day became so popular that Dr. Wieczorek started another program called “Saturday Gene-ius” about two years ago. Each Saturday Gene-ius class has about 24 students and their parents come to the UH-Manoa campus for two hours of exciting, thought-provoking activities. The classes are also held at Kauai Community College.
"Dr. Wieczorek added that in the near future, the Saturday Gene-ius program will be expanded to middle school students, which will greatly expand the reach of this outreach program.
The Saturday Gene-ius classes fill up quickly."
Kaua`i has nationally been called "ground zero" in the fight against the chemical companies- Syngenta, Dow and BASF after Monsanto pulled out of Kaua`i a few years back- who conduct pesticide experiments in the Westside town of Waimea.
It has been revealed through a lawsuit in federal court (Waimea vs, Pioneer et. al.), that corn, soy and other commodity foodstuffs are routinely doused 240 days a year (with multiple different pesticides routinely used on those days) with up to 18 tons a year of extra-toxic "restricted use pesticides" that have been implicated in a plethora of illnesses by local doctors and nurse practitioners as well as an unusually high number of a specific type of heart anomaly in newborns.
The state Department of Health stopped compiling data on illnesses in 2006 claiming a lack of funding.
Recently citizens recently engaged with paid biotech workers as the local county council passed a bill requiring that the companies disclose exactly what, where and when they are spraying and created buffer zones around the testing fields after years of data-request stonewalling by the chemical companies and state flouting of regulations.
A recent DOH study found pesticides present in streams and their sediment near and around the chemical testing fields but does not plan to retest.
After public outrage threatened his November reelection Governor Neil Abercrombie instituted a "voluntary" partial disclose program while the bill was being debated. Activists called the "Good Neighbor Program" too little, too late and the bill passed after an override of a veto by Mayor Bernard Carvalho Jr.
Carvalho also faces reelection this year and is being challenged by local surfer Dustin Barca, one of the leaders of the "Pass The Bill" movement and an organizer of a 4000-strong march on the county building. The population on Kaua`i is 61,000.
Monday, May 26, 2014
COUNCIL TO HOLD VOTE OF "NO CONFIDENCE" IN COUNTY ATTORNEY AL CASTILLO; SEEKS RESIGNATION OR DISMISSAL
(PNN) A Resolution (2014035) on Wednesday's Kauai County Council agenda from Councilmembers Gary Hooser and Mel Rapozo seeks a council vote of "no confidence" in County Attorney Al Castillo and requests his resignation.
If Castillo does not resign within 30 days of it's passage the resolution requests that Mayor Bernard Carvalho Jr. fire him.
The resolution says that the council "has become increasingly dissatisfied with the performance of the County Attorney and the advice provided to the Council" and "is concerned about the significantly higher legal costs that have been incurred for special counsel."
The document "requests his resignation" going on to say that "(i)f no resignation that is effective is submitted in thirty (30) days, it is hereby requested that Mayor Bernard P. Carvalho, Jr., seek his immediate dismissal."
Here is the full resolution
COUNTY COUNCIL
COUNTY OF KAUA’I
RESOLUTION EXPRESSING NO CONFIDENCE IN AND REQUESTING THE RESIGNATION OF THE COUNTY ATTORNEY
WHEREAS, Alfred B. Castillo, Jr., County Attorney, is the chief legal adviser and legal representative of all agencies, including the Council, and of all officers and employees in matters relating to their official powers and duties; and
WHEREAS, the Kaua’i County Council (“Council”) has become increasingly dissatisfied with the performance of the County Attorney and the advice provided to the Council; and
WHEREAS, the Council is concerned about the significantly higher legal costs that have been incurred for special counsel, now therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUA’I, STATE OF HAWAI’I, THAT:
The Kaua’i County Council hereby declares a vote of no confidence in the County Attorney and requests his resignation. If no resignation that is effective is submitted in thirty (30) days, it is hereby requested that Mayor Bernard P. Carvalho, Jr., seek his immediate dismissal
BE IT FINALLY RESOLVED that certified copies of this Resolution be transmitted to Mayor Bernard P. Carvalho, Jr., and Alfred B. Castillo, Jr., County Attorney.
Introduced by:
GARY L. HOOSER
MEL RAPOZO
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