HOOK, LINE AND STINKER

HOOK, LINE AND STINKER: During the last month we've used the bill (#2149) to allow camping at Lydgate Park as a kind of case study of the long-practiced and well-honed dance of the headless chickens used by the last three Kaua`i administrations- especially in the Department of Public Works (DPW) and the now spun-off Department of Parks and Recreation (DP&R)- to run out the clock on county council oversight of various and sundry mismanagement schhemes.

But the manner in which DP&R Director Lenny Rapozo's final "rope-a-dope" performance yielded a split decision in favor of the bill's passage last Wednesday, gave a whole meaning to "don't ask me- I'm only in charge here."

Of course Rapozo's use of "the fog" and the "I not here" method of administrative oversight could not have been accomplished without council allies willing to look the other way at the misrepresentations and outright lies as well as the lack of any semblance of competency of Rapozo and his underlings.

After months of non-answers to "the eight questions" that had been repeatedly asked, in writing, of Rapozo, the bill was moved out of committee to the full council where last Wednesday despite the fact that there were amendments pending and it was no where near ready for a vote... something that has inflamed Chair Jay Furfaro's hair on many an occasion in the past.

Rapozo appeared after handing in the alleged answers just that morning, claiming he never had the questions- many of which had been sent in writing months ago- until the previous Friday. And, much to Furfaro's chagrin, they hadn’t even been distributed to councilmembers yet.

The old bait and switch made an appearance too. Seems the originator of "the fog" himself, perennial county appointee Ian Costa who now serves as Rapozo's deputy, had unexpectedly shown up instead of Rapozo the week before with Rapozo conveniently on the mainland, allowing Rapozo to claim he had no idea what had happened the previous week.

As we've previously described, it's a classic move Costa developed during the year-long "Developers Gone Wild," grubbing and grading hearings before the council in the 90's which exposed the early misdeeds of Jimmy Pflueger preceding the deadly Ka Loko Dam break for which Pflueger is scheduled to stand trial for murder later this or next year.

The session began with Council Chair Jay Furfaro waving around what a real plan would look like, taken from a Virginia Beach Virginia campground saying "can you kokua me... this is what I'm looking for Lenny."

The questions dealt with almost everything imaginable from lack of a sufficient number of toilets to insufficient staffing for maintenance and security and were seemingly at least partially a result of there being no written plan to make sure the professed "work-class facility" would even be run in an organized and coherent manager.

But try as he might, Furfaro could not get a commitment from Rapozo to put together such a plan by the time camping was scheduled to begin, 60 days after the passage of the bill.

Finally after twenty minutes of trying to get such a commitment from Rapozo, Furfaro demonstrated the council's archetypical part in the avoidance scheme by declaring Rapozo's "no" to be a "yes."

Of course the run-around can't properly function without an administration shill. The role was made for Councilmember Tim Bynum whose "don't confuse me with the facts" rhetoric, previously honed on the issue of the bike path, consisted of declaring the questions to have been answered already- whether they were or not- and calling all criticism of the not-ready-for-prime-time "plan" to be too "meticulous."

This left an opening for Councilmember Mel Rapozo to perform one of his classic ape-like chest beating routines consisting of lines like "That's our job, to be meticulous... guilty as charged."

But perhaps the most Kafkaesque scene in the melodrama played out over the issue of the "fishermen" who have traditionally frequented the area since, well, forever.

As championed by Councilperson Kipukai Kuali`i the council went back and forth, working to make sure fishers could go to the campground and essentially camp out while fishing without really being official campers.

Of course the task was impossible on its face. How do you allow people to stay overnight in the campground, in their tents, as long as they leave their fishing poles stuck in the sand with the line in the water- as described by Kuali`i- and then distinguish who is actually camping without a permit and who is simply fishing.

The council has been asking Lenny Rapozo- and Costa- for the actual metes and bounds of the camping area rather than providing the cruddy little map with dotted lines that had been made part of the bill. Mel Rapozo- an ex-cop- described the absurdity of the prosecution going to court with such a map and how any good attorney could raise enough questions to make it unenforceable.

The answer apparently was simply, as stated by many, that the standard was "we know who is camping and who is fishing."

Oh great. The island isn't sufficiently wracked with charges of "reverse racism" by the increasing number of uptight, malahini mainlanders who can't distinguish between the word "haole" as used descriptively and the more provocative "stupid f-ing haole." Now we have an area where the line between campers and fishermen is going to be- at least in their eyes- as much a factor of the shade of their skin as anything else.

County Attorney Al Castillo didn't really help by hemming and hawing and finally maintaining that it didn't matter what the law said as long as there was "sufficient notice" in the form of signage to tell the users what made a fisherman a fisherman and what made a camper a camper.

As if.

Finally, the answer was to be as ambiguous as possible and the council inserted language that allows "fishermen" to "fish" any place in the campgrounds where there isn't an actual designated camp site.

However all this probably doesn't matter one whit because, it was revealed, the county's park rangers are never there between 10:30 p.m. and 4 a.m. leaving enforcement of the unenforceable provision an academic matter anyway.

The bill passed with Kuali`i and Mel Rapozo voting against it and now it's up to the DP&R to promulgate administrative rules- which promise to be as vague as the bill- in the next two months and decide which parts of the campground to "open for camping" with no real idea of what is going to happen, in a classic Kaua`i County "ready, fire, aim" manner.

But whatever happens you can bet dollars to donuts that we haven't heard the end of the seven-year saga, especially when the first "you're not fishing, you're camping- I can tell by the color of your skin" ticket is issued.

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Note- We're working with a new editor whose schedule is malleable so, although we intend to keep to the 1 p.m. press time, there may be days when it is decidedly later.

GLAD WE DIDN’T STEP IN IT

GLAD WE DIDN’T STEP IN IT: A guy walking down the street at night comes upon another guy down on his hands and knees, searching the ground underneath a streetlamp. The second guy asks the first guy what he’s doing and he says he’s looking for his keys.

“Where’d you lose them?” he asks

“Down there in the middle of the block,” the first guy replies, pointing

“Then why are you looking here?”

“Because the light is better.”

Such is apparently the logic of new County Auditor Ernie Pasion who, if an article in the local newspaper has its facts straight- a big “if” these days with little lost boy Leo Azambuja on the government beat- has turned the best and brightest hope for shining a light on rampant administration corruption and incompetence via performance audits into a busy-work office rechecking old financial audits and assorted irrelevant minutia.

Rather than diving right into long standing, well documented, scandalous situations by examining departmental shortcomings- like the patronage system in the personnel office one of the subjects that the FBI has been investigating, or in public works where multifaceted corruption was instrumental in efforts that wound up in the creation of the office of the auditor itself and in the planning department where the director seems to be unable to enforce zoning laws to name a trio- Pasion, a long entrenched good old boy appointee of the council as Deputy County Clerk, has chosen things like auditing the work of the paid financial/fiscal auditors who present the council with yearly reports replete with required actions to rectify shortcomings, as required by law.

Rather than looking into the decades long scandal over discrepancies in the amount of asphalt used on our roads he’s going to look into one single “major road maintenance program performed in the previous year”.

The well reported performance problems and allegations of corruption in the Kaua`i Police Department (KPD) that triggered an attempt at council investigations in the past- and allegations that they continue today- is not on any list but the just completed fire station- which reportedly came in early and under budget- is scheduled for a look- see.

The fact that Pasion is quoted as saying he “will be analyzing implementation of the test projects, identifying successes and making recommendations when necessary” is more telling in what it doesn’t say- anything about identifying failures- than anything it does say... not to mention the “ making recommendation when necessary” part indicating that the likelihood of looking for, much less finding, anything that requires recommend changes wasn’t a likely part of the criteria for choosing a subject for audit.

The long and winding road to this latest attempt by the council to placate critics who bemoan their inability or unwillingness to hold administrations accountable while also assuring that shady administrative affairs are swept under the rug began more than a decade ago with the endless “Developers Gone Wild” hearings when the council decided to invoke section 3.17 of the county charter that enables the council to perform “investigations” in the only exception to the non-interference with administrative affairs clause provisions also in charter section 3.

But after first squabbling over how much money to appropriate then deciding which little trees in the Department of Public Works forest to investigate and finally a seemingly intentionally bungled attempt to set up rules for the investigation, many years later that effort morphed into a non-charter created in-house auditor.

After that one sat on the table unimplemented for another year or so the charter amendment creating a county auditor was finally proposed and accepted by voters- not as an independent much less elected position but as an office administratively attached to- and an individual appointed by- the council.

Worries about the lack of specific wording to stress performance audits and make sure the office was led by someone like take-no-prisoners State Auditor Marion Higa went unheard in the fake excitement over the false hope of holding the administration accountable.

So of course we are left with what appears to be a financial/fiscal auditor’s office and an auditor who has no accounting credentials whatsoever. Now they’re actually talking about hiring at least a CPA to do Pasion’s job for him.

What we’re stuck with is a financial rather than performance auditor of the already audited. The question is who is auditing the auditor?