WALA`OUCH

WALA`OUCH: When we called for Councilperson Dickie Chang to recuse himself from participating in Bill #2404- which would appropriate $150,000 in support of the 3rd annual Kaua`i Marathon- two weeks ago today we had a feeling that Chang was pretty clueless regarding this and other conflicts of interest between actions as a councilperson and his "Wala`au" television program.

But, as we reported Friday, to his credit Chang did listen and recused himself from involvement with the bill meaning he will not be shepherding the bill through the council as Chair of the Economic Development & Renewable Energy Strategies (ED&RES) Committee.

As this Wednesday's agenda says:

C 2011-135 Communication (04/28/2011) from Councilmember Chang, providing written disclosure on the record of a possible conflict of interest and recusal on Bill No. 2404 (An Ordinance to Appropriate $150,000 to the Kaua'i Marathon Grant), because he is the Owner of Wala'au Productions which tapes and aires (sic) footage of the Kaua'i Marathon and also he serves as an emcee for the Kaua'i Marathon at several pre and post events.

But does Chang truly get it?

Apparently not judging by his fast and free treatment of the line between his day job and his job as one who appropriates all monies the county spends.

Take for example one of the presumably paid advertisements that regularly appears on Wala`au from Garden Isle Disposal (GID) advertising the "Kaua`i Recycles" program, which provides those bins across the island where people can recycle their glass, plastic and newspapers.

GID doesn't just collect recyclables because out of concern for the planet or out of the goodness of their hearts- the county appropriates money to pay them for their services every year via the annual budget.

And part of the contract requires that GID provide publicity and education to let people know how, where and what to recycle.

As a graphic in the commercial notes:

The Kaua`i Recycles program is a project of the County of Kaua`i... operated by Garden Isle Disposal.

That means that, as you've probably figured out, Chang first voted to appropriate the money for the commercials and then pocketed a good chunk of it as sole proprietor of Wala`au.

Sweet deal, Dickie.

But this kind of little self-dealing scam- which apparently violates the "Kaua`i Code of Ethics" in providing a special benefit for himself through his actions as a government official- is nothing new for Chang.

During this past year's campaign guess who one of the biggest advertisers on Wala`au was?

Actually you needn't guess. Chang's filings with the State Campaign Spending Commissions show two expenditures- one on September 28 and another on October 5 of $1,218.74 and $1,218.74 respectively for "television advertising"- both paid to Wala`au Productions.

And why not? Chang had gotten away with it in 2008 when, on October 21 he spent $2,812.48 for "30 second TV spots- 12 weeks," also paid to Wala`au Productions.

The 2008 entry notes that the Chang's campaign, including this expenditure, was financed through "public funding."

Sleazy? Surely. But illegal? Well, apparently.

The first line of the Campaign Treasurers Manual says that "(e)xpenditures that personally benefit the candidate or candidate’s family are expressly prohibited."

Chang also has other close relationships between those who benefited from his campaign cash and who now advertise on Wala`au, including The Garden Island Newspaper- which is listed as a Wala`au "sponsor" and has received numerous checks from the Chang campaign for ads- and the Puakea Golf Course which is similarly entwined, receiving Chang campaign expenditures and is currently a Wala`au "sponsor."

As Chair of the Economic Development & Renewable Energy Strategies Committee, Chang has also guided and enthusiastically voted for appropriations for the Kaua`i Visitor's Bureau- including $2 million in controversial "emergency grants" last year- which also provides life-blood content for Wala`au.

The program also lists the Kaua`i Island Utilities Coop (KIUC) as an sponsor, bringing into question how Chang can oversee "Renewable Energy Strategies" and other KIUC-related matters without a conflict of interest that would demand recusal.

Councilmembers are often chosen for committee chairs- and committees are often structured- based on their expertise. But when that expertise crosses the line and government and campaign monies find their way into the chair's wallet it may be time to reassess that councilmember's role on the council.

Is Chang playing loosey- goosey with ethics and anti-corruption laws? Well, now that he's been goosed, like Lucy, at the very least, he has some 'splainin' to do.

SLIPPIN' ON THE SLIME

SLIPPIN' ON THE SLIME: Someone who we thought would know better called to ask why new state rep Derek Kawakami didn't have to recuse himself from voting on the "plastic grocery bag fee" bill currently still alive at the legislature, as he did as a county council member with our plastic bag "ban."

There were two reason why that struck us as strange- the first being that the person didn't know that state legislators don't even have to declare conflicts-of-interest much less refrain from participating or voting on the matter, the second that, unlike many, they did know that Kaua`i voters changed our county charter to state that councilmembers with a conflict "in any matter pending before him shall make full disclosure of the conflict of interest and shall not participate in said matter."

The only problem with the provision is that the charter does not make clear who decides whether a conflict exists and so evidently leaves it up to the conflicted member to declare they have one. All the charter says is that "(t)he mayor, the council and the board of ethics shall be responsible for the enforcement of provisions of this article."

So when we saw Bill 2404 on the council's April 6 agenda which would give a $150,000 grant to this year's Kaua`i marathon, we could not believe that not only didn't Councilmember Dickie Chang recuse himself but he actually introduced the bill and it will be heard in his Economic Development Committee.

Chang, of course, hosts the local "Wala`au" television program which has gotten hours of "content" from the past two marathons- content which is the lifeblood for any television program as it generates the advertising revenue that Chang depends on for his living.

While the bill is in trouble already with Councilmember Mel Rapozo voting a rare "no" on the first reading of the bill and others expressing doubts they would vote to give money to the marathon again this year, the fact that there is a direct financial benefit to Chang from the marathon makes his failure to declare his conflict of interest unconscionable.

The charter also says that "(a)ny violation of any of the provisions of this section shall constitute cause for fine, suspension or removal from office."

The real solution to the whole conflict of interest problem is to make the office of councilmember a full time job and eliminate outside employment. That would of course necessitate raising the salary for the position to a level equitable with that of the mayor or department heads- about double what it is now.

But those who object to the extra approximately $350,000 a year that would take would do well to note that this not-at-all-unique expenditure is 3/7ths of that in one fell swoop and, when combined with other expenditures of a similar ilk, demonstrate that we're paying way more that 350Gs on the "back end."

Those wishing to testify on Bill 2404 can send their mana`o to counciltestimony@kauai.gov .

YOUR HUMBLE SERVANT...

YOUR HUMBLE SERVANT...: We’ve spent the week coughing up the rewards of a flu bug- so much for that shot- so we were planning on blowing off, not only our nose but, today’s post.

But we couldn’t resist this tidbit at the end to Wednesday’s council meeting.

Well, technically it was after the meeting during one of those certificate presentations that seem for some reason to be televised and captioned while interviews with prospective board and commission members, subcommittee meetings and budget hearings are banned from the airwaves.

We were barely able to get off the couch when the meeting itself ended and were barely hearing anything through our clogged noggin and so missed the name of the winner of the student film contest from Kapa`a whose “texting while driving” short was so nice they played it twice.

And when it was over Council Chair Jay Furfaro ventured that perhaps Councilmember Dickie “Mr. Wala`au” Chang- as he called himself on the ballot last November- could see his way clear to playing it on his “Wala`au” television program.

Seemingly oblivious to the County Code of Ethics, which among other things forbids him from using his position to promote his own private interests, Chang cut through the head-clutter and got our attention by replying that he’d be glad to air the video “on Wala`au which plays on Oceanic Time Warner, Channel 6, every Tuesday, Thursday and Saturday at 7 a.m., 12 noon, 4 p.m., 7 p.m. and 12 midnight.”

Dickie has always been known to have a sense of humility the size of a gnat knee but as usual just when you think you think you’ve seen it all, he reaches a new low of arrogant self promotion.

Perhaps that’s the reason he decided to get into politics- he’d run out of other ways to express his immodesty.