SAY NO MORE; I CAN SAY NO MORE

SAY NO MORE; I CAN SAY NO MORE: Incomprehensible.

The word can apply to any number of things - if not most anything- when it comes to government and politics on Kaua`i. Usually it can be used to describe the account of council meetings when the local newspaper's Leo Azumbuja sets digit to keyboard.

But in the case of his Thursday account of Wednesday's Committee of the Whole meeting- one held to "fix" an imbalance in the county's budget- one can give poor Leo a pass because his unintelligible account was only slightly more unintelligible than the meeting itself.

Don't bother to watch the meeting in order to try and find out what happened to cause the council to give preliminary approval to bills 2241 and 2242 in an attempt to rectify the fact that the county's budget apparently isn't balanced- or for that matter in order to figure out why no one knew it wasn't balanced until well after it was passed- or for that matter how much is- or isn't- "missing," depending on who you ask.

All the words were there- spoken at the meeting and dutifully reported by Azumbuja: "encumbrances"... "a million dollars"... "capital improvement"... "administration"... "adolescent drug treatment center"... "budget deliberation process." It's just that neither watching nor reading put them in any sensible and coherent order so as to tell the story of what the heck was going on.

It took a few days and talking to a few sources close to county government to figure out the whole story but here's what the whole meshugaas was apparently about.

Seems that the long anticipated and even longer delayed adolescent drug treatment center was funded (again) as part of the county's recent bond float. But actually locating and designing the facility has been a political football that was one of those "now you see it now you don't" items in this year's capital improvement project (CIP) budget.

A couple-or-few years back when Mayor Bernard Carvalho Jr. finally (again) "told" the community where it was to be located, those in the Lihu`e residential area of Isenburg Tract- a predominantly Japanese neighborhood named for a German family that was voted off the island after World War 1- didn't take too kindly to the announcement and took a decidedly NIMBY attitude toward it.

So to oversimplify a long story and make it short on top of that, when this year's budget was on the table, the council either (depending on who you talk to) told the mayor, or wrote it in the budget document that the mayor couldn't actually "encumber" the money until the council actually saw the plans for the center including a buy-in by the Isenberg residents.

Encumbering the money is a process whereby the actual dollars are, for lack of a better word, reserved for the specific project by the administration. At that point, it is, for all intents and purposes, considered spent.

And apparently that's exactly what the mayor did- encumber a half a million dollars for "phase one" of the project which included sighting and design.

So even though the council had told him not to do anything until hizzonah came back to them with "da plan"- and that meant before he encumbered the money- he decided to do it anyway. In other words even though the money was in the bond fund, it wasn't in the budget to be "encumbered" in the first place.

It's hard to say what the legality of all this is. County Attorney Al Castillo refused to say anything in open session even though Council Chair Jay Furfaro swore up and down the charter that nothing illegal happened- that even though the county charter says the budget must be balanced and quite obviously this year's budget wasn't. And even though the mayor "spent" the money that wasn't there. And even though during a recent debate current Prosecuting Attorney Shaylene "Go to your homes- nothing to see here" Iseri-Carvalho- who is running what looks like a losing battle for re-election- has sworn she will prosecute a million dollar theft of county money.

Castillo also warned the council not to talk about the adolescent drug treatment center because somehow it wasn't "on the agenda."

Supposedly the two bills will put the money where it belongs and everyone will live happily ever after.

According to the newspaper article the mayor's mouthpiece, Beth Tokioka, has seemingly blamed the council saying “(t)he imbalance was caused in part by errors in Mayor Bernard Carvalho Jr.’s March 15 initial and May 8 supplemental budget submission, which were not detected and addressed during the budget deliberation process.”

No one particularly wants anything to be perfectly clear because this is an election year and each councilmember's political ass is on the musical chairs line- one that's due to leave two people without seats when the music stops on November 6.

They're just lucky to have Azambuja on the job to make sure that the lack of any clarity and acumen at the meeting was reported with Leo's usual lack of grasp of the matter at hand.

Don't ya just love this town?

A MAN, A PLAN, A DEBACLE- RAPOZO

A MAN, A PLAN, A DEBACLE- RAPOZO: After decades of problems keeping the rain off the Kilauea Gym floor, the Director of the Kaua`i Parks and Recreation (P&R) Department, Lenny Rapozo, has finally come up with what many in the administration are calling a "brilliant" multi-pronged approach to fixing the structure which includes covering the current leaky roof with pili grass and moving the whole building 90 degrees to aviod the wet, easterly winds.

"A pili grass roof was good enough for the ancient Hawaiians so it should be good enough for us" said Rapozo, "especially if it's not raining."

The roof has never in human memory actually kept water out- which is thought by many in the Buildings Division of the Department of Public Works to be the main function of a roof- despite 137 attempts to replace it based on 373 different consultants' plans.

Rapozo also had a plan for the leaky door that faces into the rainy trade winds.

"We have hundreds of balloons and dozens of tanks of helium left over from the mayor's last campaign so we can just fill them up and float the building. And the beauty of it is that we can use all those political appointees and mayoral-approved civil servants who owe their jobs to him to turn the whole building, moving the door to a more desirable orientation... whichever way, after trial and error, that turns out to be."

According to Rapozo his own recent research has apparently shown that the current structure sits on the footprint and is a renovated version of the ancient "Kilauea Himanekium" where "pre-western-contact kanaka would go for drink beer." But, Rapozo said he discovered that during a 19th century renovation the building was inadvertently spun around sideways by witches, who were brought over for just such jobs by missionaries who were seeking to allow the structure to receive bigger shipments of bibles they could exchange for surrounding farms and home-sites.

"We're excited by the discovery" said Rapozo whose engineering expertise goes back to his days at Kapa`a High School where he lettered in "Pick-up Sticks" and "Tiddlywinks." He also studied basket-weaving, a skill he said may prove useful in the pili roofing project.

"I think I've got something here that nobody else could- or would- have come up with," Rapozo boasted with a straight face.

There are also plans to replace the wooden basketball floor with concrete and then put down lauhala mats in order to absorb any rainwater in case the pili grass leaks. "But the mats are only for when it rains because no one plays basketball in the rain anyway," said Rapozo. "Besides, the plan is all up here," Rapozo said pointing to his head "so we can save money on design consultants if the pili grass has to be replaced. Since everyone is used to paying over and over for consultants every year or so, we have an unending source of funding for the project, 'cause grass stay cheap, eh?"

Rapozo did not at first indicate where the cheap pili grass would come from since it is an all but extinct species but when asked of his plans for future recreational projects Rapozo said he's thinking of a Youth Program where students grow can pili grass on county land, then sell the product to the county for other roofing projects.

His boss, Mayor Bernard Carvalho applauded Rapozo's ingenuity. "That's why I hired him- since he has no expertise in any one particular area, he tends to think, not just outside the box but outside the entire realm of human endeavor and experience."

Rapozo also talked about- but didn't explain- either using the remaining balloons and helium to actually move Moran Pond at Lydgate or filling the balloons with the mud that now befouls the once popular swimming pools after a previous Rapozian plan to dredge the pools want awry... for some unfathomable reason.

"Then maybe the mud balloons will just float away," he said wistfully

Council Chair Jay Furfaro was cautiously enthusiastic over the plan saying "it wouldn't be the absolute stupidest thing we've ever approved- but it'd be close."

Councilperson JoAnn Yukimura was apparently skeptical but said she would have to see the plans in writing before she could really comment and recommend a thorough study of the project.

But Councilmember Mel Rapozo was both for it and against it, making sure that he didn't state a position until he figured out what the political implications were.

Blogger Andy Parx but did manage to wake up long enough to backhandedly mumble an ambiguous complement saying "it sound just like something Lenny would come up with since no one in the county is smarter or more suited to his job than he is."

PLENTY OF NOTHIN'

PLENTY OF NOTHIN': It's gonna be the best of elections. It's gonna be the worst of elections.

Yes it's a dickens o' pickin's and a tale all too sh*tty when it comes to the most dismal number of candidates for the seven seats on the the Kaua`i County Council in memory. Yet on the plus side the enumeration of only nine names includes Gary Hooser, a politician who makes us reluctant to use the term to describe Gary since it's usually reserved for corrupt cronies and despicable despots.

Hooser, who started his public service career on the council from 1998-2002 before becoming the Kauai's State Senator from 2002-2010, is returning to his roots. His presence will no doubt bring the level of council discourse and accomplishment, if not to the highest rung of the ladder of good governance, a least out of the existing swirling sewer of percolating pestilence.

The problem is that the rest of the list is made up of the same old seven incumbent-hacks we've grown to, in some cases loath, in others tolerate, plus local and UH baseball hero, Ross Kagawa, who has two chances- the proverbial slim and none, with slim nursing a terminal illness.

So we're down to a proverbial game of musical chairs and the only reason to vote in the election- the one in November that is because all will get past the August 11 "primary"- is to see who gets dumped when Hooser is inevitably added.

While we are tempted to just "plunk" for Gary (a term for not using all seven votes and simply "plunking" down only the names of those who one truly likes) and may do so in November, for now we will list the rest of those running based on exactly how much of a worthless piece of crap each one is and why.

So for all you dumpers out there (and if you're not one, please register now) here's our list of dumpees in order of dump-worthiness.

1) Dickie Chang. This is probably the hardest choice- whether to make our good friend Dickie our least favorite or save that honor for Mel Rapozo. It's like trying to decide whether you like the guy who is repeatedly plunging a knife in your back or prefer the guy who is standing there watching, trying to decide when and whether to either encourage the stabber or condemn him... although it would certainly never occur to him too stop him.

Dickie is the proverbial man who, like former State Rep Ezra Kanoho for whom the phrase was created, "never met a hotel he didn't like." Dickie's penchant for lap-dog behavior- usually in the service of Chair Jay Furfaro- is infamous and when he does take a stand it is clearly taken with clay feet planted firmly on both sides of the fence. The one thing we can say about Dickie is that this is exactly what we expected from him. That of course makes-

2) Mel Rapozo the next one to not vote for. Mel manages to play politics with the simplest of no-brainers, using his unique blend of bamboozical logic and contortionistic, convoluted unreasoning as his moral compass- a compass that continually points in one direction... toward Mel. Perhaps the most emblematic representation of this bit of Kabuki is his recent attempt to change the charter because he didn't like an opinion from County Attorney Al Castillo’s office regarding the legal use of the word "shall." Rapozo didn't like what Castillo told him the law said and what the courts have consistently ruled on the matter, so he first tried to get his cohorts to hire Mel's own personal choice of outside lawyer to tell him what he wanted the law to say. When that failed he unsuccessfully tried to garner enough votes to put the matter before the electorate even though if it did pass it would be moot from the day it was enacted because it doesn't matter what our charter says when the state courts have already ruled on the matter.

Rapozo's "are-you-going-to-believe-me-or-your-lyin'-eyes" defense of Prosecuting Attorney Shaylene Iseri-Carvalho as she "took the fifth" and demanded a private attorney to represent her rather than openly discuss her budget with the council- has known no bounds, making for some fascinatingly fractured farces... quintessential Rapozo.

That brings us to the aforementioned "larger than life" (both girth-wise and in his own mind-wise) current Chair-

3) Jay Furfaro. Furfaro managed to eek out a 4-3 vote for chair last election, something that he may not be able to do with Hooser on the council. More on that later.

Furfaro is a throwback to the old style Hawai`i "orator" whose chest-thumping, credit-taking, egotistical style of expression is endlessly enigmatic to watch especially as lunch and sometimes dinner breaks are approaching. As the clock ticks toward noon it invariably throws him into incoherent ramblings and rushed decision making, commensurate with the decibel level of his stomach growling. To be fair, he is diabetic but his munching-vs-governing meter is out of whack even for someone who has "the sugar." Speaking of sweetness, the next on our bottoms-up itemizing is someone who turned out to be NutraSweet. That would be-

4) Kipukai Kuali`i. Kipukai was appointed after current State Representative and then Councilmember Derek Kawakami was appointed to fill Mina Morita's spot when she was appointed to be the head the Public Utilities Commission. People expected a lot from his "win" of 2010's post-election version of musical chairs and got virtually nothing. He has turned out to be simply a little less of a political animal than Rapozo and seems quite content to learn more at Mel's feet. Although he has gone after some of the more absurd council appropriations- when they suit his political bent- the last straw was his unshakable support for Iseri after she fired the Victim/Witness Counselors in her office. That eliminated the long-time county positions and instead she contracted out the duties to (drum roll please) Kualii's employer, the YWCA, ensuring his support before the council. He not only sold his political soul but he then refused to recuse himself from participating in the council's deliberations regarding Iseri. And speaking of disappointments there's-

5) Nadine Nakamura, although in her case disappointment may be a bit strong because we never expected any more than we got. The would be a politically malleable councilmember who doesn't seem to have a position on anything other than compromise, even when one of the options is at best unpalatable, at worst patently absurd. Her prime directive for the past two years has apparently been to take good legislation and introduce difficult-to-reject amendments that make the original unacceptable, even in cases when the votes are there for passage. Even if she did govern from a progressive viewpoint no one would know it because her experience as a facilitator and mediator have made her into a gutless wonder who makes one question whether there is any substance there at all. And speaking of substance there's-

6) Tim Bynum. Some would have him positioned at the bottom of this list for his effort to allow transient vacation rentals (TVRs) on Ag land, not to mention his previous work to allow them to be grandfathered on all otherwise zoned land. We can hardly ignore that and other positions he's taken. On the other hand he was, with then Councilmember Lani Kawahara, primarily responsible for the plastic bag ban and also successfully took on then Council Chair Kaipo Asing over open governance issues. What we can say is that at least they have apparently been taken because he believes in whatever he has supported. But if for no other reason than his persecution-prosecution by political enemy Iseri in the Ricecooker-gate scandal- an abuse of power on her part that we hope will end in November with the election of Justin Kollar (more on that race in a future post)- we have positioned him among the keepers this time. He could have folded but his persistence has unveiled alleged criminal activity on Iseri's part. All that pretty much also goes for-

7) JoAnn Yukimura. It's not that our disappointment with JoAnn has diminished to a level where we enthusiastically rate her the numero uno councilmember- although she has done some really good stuff recently.* But she also went along with Bynum on the Ag TVR issue and was the prime mover behind the grandfathering efforts, preferring to knuckle under to big money developers rather than go to court to enforce the laws apparently forbidding them.

We've questioned the consistency of those we have spoken to who were dead set against supporting Bynum due to the TVR debacle but were equally as supportive of Yukimura. We've simply asked them how they can condemn Bynum on that issue without doing the same for JoAnn.

All we can say is that is, on balance- and especially given the reality of the fact that six of the seven are going to be on the council whether we like it or not- we are forced to rate Bynum and Yukimura as "plunkworthy," to coin a term.

That leaves only one issue to be decided in November when it comes to the council race- the question of council leadership, which hangs in the balance.

After the 2010 election Yukimura challenged Furfaro for chair. Furfaro had Chang's, Rapozo's and, at the time, Kawakami's votes leaving Yukimura with Bynum's and Nakamura's.

In order to wrest control of the chair- assuming either Yukimura or possibly Hooser will challenge Furfaro and that Nakamura will maintain her vote for Yukimura- the addition of Hooser makes a change in the chair a distinct possibility. That also assumes that the odd-man-out is either Chang, Rapozo or Kuali`i. We can't be sure of Kualii's vote but suspect he is politically indebted to Furfaro after Furfaro gave procedural support to Kuali`i and Rapozo during some of the budget hearings regarding Iseri.

If the election were held tomorrow in addition to being shocked, surprised and totally taken aback, we would be forced to plunk for Hooser, Yukimura, Bynum and Nakamura since leadership is the only issue to be decided. But equally as important is NOT to vote for Chang, Rapozo, Furfaro or Kuali`i.

The August primary will tell us something about the strength of each candidate- it has always been like a super-accurate poll since 14 candidates usually get though to the November vote. In this case although all - and only- nine will make it through, we'll certainly know more about the strength of each by August 12.

One thing is all but certain- this mess of a council will make it through this year's election with six or seven intact. And while it gives us plenty to froth and foam about, any plans we've had to be a kinder and gentler rabid reporter may well end up, shall we say, going to the dogs.

*Correction: It was Tim Bynum who, along with Lani Kawahara, was primarily responsible for the single use plastic bag "ban," not, as we originally said JoAnn Yukimura who was not on the council at the time the bill passed. The original on line version has been corrected. We regret the error

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We are heartsick over the loss of Rose Schlegel, the daughter of our good friends Sherry and Jim (Pole) Pollock, who lost her life in an apparent freak accident in Kalalau Valley Wednesday. It is horrendous to lose any loved one but to lose a child, even one aged 30, is unimaginably tragic and their pain and sorrow must be unbearable. Please keep them in your thoughts and, if appropriate, prayers. It makes one wonder how such bad things can happen to such good people while selfish and mean people go unscathed. Don't forget to hug your loved ones, especially your keiki, today and every day. Life is fragile, seemingly especially for the righteous. We love you Sherry and Pole and will hold Rose in our thoughts forever.

OFF THE DEEP END

OFF THE DEEP END: Nobody questions whether rats will desert a sinking ship. But how long they will wait before doing so probably depends on the circumstances. But when one starts, the rest usually follow

Obviously they can't take too long, which is why at least two councilmembers decided they'd waited long enough to abandon the SS P.O.H.A.K.U and they'd be damned if they were going down with Captain Spittle of Malaprop.

Councilmember Nadine Nakamura was backpedaling like Michael Jackson on steroids. She apparently didn’t like her political prospects should she let stand as her final word on the subject her recent vote to allow Kaua`i Prosecuting Attorney Shaylene Iseri Carvalho to run out the clock. And Chair Jay Furfaro also smelled trouble should he do the same.

Even Kipukai Kuali`i and Dickie Chang silently went along with the program, leaving only Iseri's first Mate Mel Rapozo standing on the deck.

For those who thought last week's vote to pass the Office of the Prosecuting Attorney's (OPA) budget without any resolution to Iseri's scandalous refusal to answer until she got a county-paid special counsel to represent her was going to be the last word on the subject, guess again.

Because Wednesday (go to 9:24:20), after Yukimura introduced a measure to ask the Board of Ethics (BOE) to look into the matter and read a statement written by Bynum (see below) detailing Iseri's misdeeds (Bynum was absent due to the imminent birth of his first grandchild), it became apparent that continuing to allow Iseri to get away with alleged crimes and misdemeanors was a bad idea if they expected to get reelected.

Before Bynum's statement was read, Iseri's First Mate, Councilmember Mel Rapozo, had attempted to defuse potential defections by launching into a "my-my, it's enough to give a lady the vapors" spiel, tying to claim that he'd never seen anything like this level of scrutiny in his political career- seemingly forgetting about his own politically motivated crusade to oust former Chief of Police KC Lum.

He then announced that, anyway, the administration had "launched an inquiry" into the whole matter.

But when Yukimura read Bynum's statement and "corrected" Rapozo by saying the administration was looking into the procurement improprieties but not the general ethics charges, it became apparent that no one was going to stay aboard with Mel and Shay.

Bynum's statement read:

On April 11, 2012 the Council met in executive session on matters that included the POHAKU program. An Executive Session was posted for a briefing related to POHAKU on April 18, 2012. On April 18th Deputy County Attorney Mona Clark responded to members questions in open session. Ms. Clark indicated that the information was time sensitive stating “I think it is important that the Council has as much information as possible, as soon as possible.” Council member Yukimura asked if there were possible liabilities for the Council that could increase if additional time went by. The answer was yes. In spite of this, a majority of the Council voted to delay the discussion for two weeks. On May 2, 2012 the briefing was finally held. However no action was taken.

I have concerns (Bynum continued) among them are:

- The use of county address as the address for the registered agent of a private business.
- The fact that the Pohakuprogram.com website directs payment to a private business and the Council has not been provided with a copy of any contract with that business.
- The Prosecutor has refused to answer questions from the Council related to the Pohaku program until the County provides her special Counsel for legal representation.

Subsequently we heard that the POHAKU program had stopped operating, however Ms. Iseri-Carvalho said last Tuesday May 15, on the Council floor “our office can internally run the P.O.H.A.K.U program, which we will continue to do almost immediately.” As of yet no one is looking into the possible Charter violations. After what, in my opinion, is too much delay the posting for this body to take appropriate action is finally here before us today.

County officials take an oath to uphold the Constitution of the United States, The Constitution of the State of Hawai‘i and the Kaua‘i County Charter. I have been told by all the County Attorneys that have held the office since I became a Council member that when a question regarding a potential violation of the Charter is raised the Council has a duty to see that an appropriate inquiry is held. The Board of Ethics is an appropriate body for such an inquiry. So I will obviously support this motion.

But rather than outright supporting the call for an ethics referral, Furfaro announced that, at the request of County Attorney Al Castillo, he would support a deferral to either June 6 or 13 until the administration’s "inquiry" was finished.

But it was Nakamura who really started the stampede to the exits when she said she would essentially support the ethics referral saying she would "support the bullet points" contained in Bynum's statement. That caused the other two rats present to get caught up in the stampede and Kuali`i and Chang went along with the deferral since there were not only apparently not enough votes to defeat it but enough to approve, if not the referral to the BOE, then at least the deferral until June.

We'll see what the "inquiry" comes up with but for now there appears to be a growing awareness among councilmembers that, whether the local newspaper is covering the scandal or not, people have been following the story on TV and on-line. And if councilmembers want to maintain a spot on their own SS Council it may be time to abandon Iseri's leaky little POHAKU putt-putt.

BLOWING CHUNKS

BLOWING CHUNKS: It seems appropriate that sewage is once again spilling into the ocean at Nawiliwili. After all, all that crap being generated up the hill in Lihu`e this week had to go somewhere.

People all over town were asking "do you smell that?" on Tuesday and it didn't take an olfactorally-advanced detective to discover the source as being the Kaua`i County Council Chambers.

That was when our seven stilted servants once again turned to the budget for what, from all indications, appears to be the biggest criminal enterprise on Kaua`i these days- the Office of the Prosecuting Attorney (OPA). Those who have been under a pohaku might want to read up on OPA Godmother Shaylene Iseri-Carvalho and her P.O.H.A.K.U. program.


And another great must-read, blow-by-blow account of Tuesday's session is available via Joan Conrow for anyone who doesn't have the time to watch the debacle... although the latter is well worth the investment of an hour (start about an hour in) if just for the comedic value.

No one expected much in the way of discussion regarding evil mastermind Iseri's all-purpose now-you-see-it-now-you-don't combination misdemeanor diversion program/reelection campaign tool. She's been busy lawyering up and taking the fifth so to no one's surprise, with the aid of her Council(hench)man Mel Rapozo and his refuse-to-recuse sidekick Kipukai Kuali`i, her council nemesis Tim Bynum and his second JoAnn Yukimura once again failed to get any "answers" to the same kinds of questions all the other department heads had to answer in order to receive their yearly budget appropriation.

Lesser Iseri sycophants Council Chair Jay Furfaro, and Councilmembers Dickie Chang and Nadine Nakamura managed to help shut things down out and keep the relevant allegations of crimes and misdemeanors from the public's ears and eyes, running out the clock without any repercussion to the budget... and of course the local newspaper has been too busy promoting flower shows, defunct food banks and poisonous GMO corn to notice the P.O.H.A.K.U. mess.

But while the council busied itself exploring new corners and crevices on the other side of the looking glass, it might well have been County Attorney Al Castillo who stole the show.

This week's prize for "Most Convoluted Abuse of the Law" goes once again to the program "Legal Opinions From Al's Ass," the show that asks the statutory question "did he really just say that?"

This time Castillo actually told Yukimura that the council can't appropriate "line items" in the budget- specific amounts designated for specific uses like a salary for a certain position or a piece of equipment or furniture.

Despite the fact that that's what a line-item budget does by definition, Castillo told the assembled that to restrict department heads as to what the money can be used for would be violate "the separation of powers" and be "interfering with the administration."

After a few "let me get this straight" questions, Yukimura simply gave up, flabbergasted by the notion that a department head like Iseri can now take all money appropriated for her department and spend it on anything her black little heart desires.

Finally things got as curiouser as they could get when Nakamura revealed that, according to the finance director, the P.O.H.A.K.U. was either "pau" or "suspended". But attempted verification of that information apparently depended on how many times one asked the question, so the council spent the next half hour asking over and over until Iseri herself got up and told them it wasn't really pau or suspended but rather being run internally in her office.

By that point everyone was thoroughly confused and befuddled, but it didn't really matter because that was when Furfaro ruled the clock had officially run out, apparently because the only part of the day that matters to Furfaro was beckoning: lunch.

The next move in this monkey chess game will be played at this coming Wednesday's council meeting when, the council will consider the following agenda item:

C 2012-170 Communication (05/17/2012) from Councilmember Yukimura, requesting Council approval of her request that the Board of Ethics conduct an investigation of whether violations of the Code of Ethics have occurred in connection with the creation and operation of the POHAKU Program and related matters.

In addition, the matter is listed for an executive session.

And speaking of wasting time, get ready to once again to vote on a charter amendment that would give these clods four-year terms.

The claim by councilmembers is that "we can't get anything done in two years." But the message from the voters has been "we're not sure we want you to 'get anything done.' If there was a way to give you two month terms, we'd probably go for that."

It's not like Kaua`i voters haven’t said "no freakin' way" way too many times to keep track of over the past few decades. Yet the council is once again apparently going to ask the electorate to approve doubling the time between elections. The last time we said "no" was in 2006 when we also passed "term limits" of eight years.

If you get a chance watch the "debate," do so with an eye toward the unmitigated arrogance and sense of entitlement.

The assumption that these office are theirs once they are elected is palpable. Talk of "slots opening up" when the "eight-years are up" is bandied about with no sense of the fact that they have to run for re-election every two years.

The voters will no doubt reject four-year terms once again and the council will no doubt try again in a few years. If anything, we'd probably pass a charter amendment to prohibit the council from asking us more than once every 20 years.

But if you're looking for the obvious source of the sewage spill it might be the latest "big flush" of $120,000 into the Kaua`i Marathon. Every year it's been the same thing- for no apparent reason the taxpayers have been forced to shovel wads of cash into the event with promises that "this will be the last year." Only it hasn't been and apparently never will be since this year's appropriation seems to be circling the drain with little opposition from council members.

That money could go a long way if it were to be spread wisely among the charitable non-profits that serve the island's neediest. But instead it's shunted directly into the coffers of hotel owners, airlines and other off-island entities, soon to be converted into campaign contributions. Supposedly a few dollars will trickle-down to local businesses and service industry employees, but no one is really quite sure how that works, and council members didn't seem interested in asking any questions so they weren't told too many lies.

It is an election year after all. It can only get worse.

OF SEWERS AND SKEWERS

OF SEWERS AND SKEWERS: The characterization of Kaua`i County government as an open cesspool has been more than appropriate for as long as we can remember. Sometime we feel like our function in life over the past few decades has been to observe the surface and provide commentary on the largest and smelliest of the visible and odoriferous of contents--the "turd de jour" if you will.

But there is one exemplary piece of excrement that seems to resurface with regularity: the gold-plated, iconic fecality of the re-re-re-roofing of the Kilauea Gym.

When we saw it on the county council agenda a few weeks back we assumed our recent cataract surgery had been a failure. Surely the leakiest roof in the west had been fixed "once and for all" the last time it was fixed "once and for all."

That was back in 2003 when, after at least two previous attempts at stopping the perennial waterfall that flooded the basketball court with every precipitation, the county hired an independent consultant to watch over the other consultants that watched over the buildings division that watched over the Public Works Department that watched over the contractor that built the roof that covered the house that built Jack-sh*t.

The first re-roofing was done after Hurricane `Iniki knocked off the original one- which we can remember leaking in the 70s. But that "new" roof stopped fulfilling it's function (if it ever "filled" it in the first place as some old-timers speculate) as soon as the FEMA warranty ran out after two years in 1999, Council Chair Jay Furfaro told the assembled last Wednesday. Attempts at fixing it, including first patching it followed by a brilliant scheme to build a roof covering the leaky roof, finally culminated in the county getting, well, Jacked-up, as we described above

Actually back when it had only been re-roofed twice it had become so archetypical of Department of Public Works' (DPW) incompetency that it was the key factor in various schemes by the council to "launch and investigation" into DPW under Charter section 3.17- the only provision in the guiding county document that allows the council to "interfere" in the functions of the administration.

The matter appeared on the council agenda repeatedly. This was during the "fog" years when a thick layer of snooze-inducing, mumbling whispers from DPW engineers and assorted functionaries routinely caused the council to react like Dorothy and her crew entering the poppy fields upon their first glimpse of Oz.

After hagglin' and stragglin'- mostly over how to proceed with an "investigation" thus allowing stonewalling by councilmembers, especially those who routinely addressed DPW officials as "my good friend"- it all culminated in a charter amendment setting up the Office of the County Auditor.

The Auditor, who serves at the pleasure and under the direction of the council, has actually completed an audit of the "re-roofing" of the Kilauea Gym. But it was published before the current leak was discovered during the recent big rains in March. And nobody really knows what it says because it doesn't seem to be posted at the Auditor's page on the county web site.


But guess what? The DPW- specifically the buildings division which is the place that building projects are overseen- has "handed off" the Kilauea Gym to the newly created Department of Parks and Recreation overseen by the usually stumblin' and bumblin' Lenny Rapozo, whose main qualification for the job was that he managed the campaign of Mayor Bernard Carvalho Jr. in the last election.

But never fear. Even though shovels of money have been poured into past efforts, the latest answer to the musical question, "Who'll Stop The Rain?" is "Lenny," who says he has $120,000 floating around in his budget to hire (drum roll please) another consultant--one who this time will certainly figure out what to do about the the fact that the old man has apparently been snoring while it's raining and pouring.

Oh yeah, we forgot, turns out the front door of the gym also leaks when it rains hard because not only was the entire gym designed improperly with the door facing windward (the direction from which rain usually comes) but there is no "awning" or "eave" over the door and apparently the door is not water tight either. So the rain comes through the door and the floor is now "cupping" where the rain has blown in and pooled.

Oh, and the "warranty" on the labor on the current roof? Wouldn't you know it, darn the luck. it's just run out because somehow, despite the fact that there had been nothing but problems with the leaky roof for decades, the county failed to obtain a "lifetime" warranty.

It would seem that if there is indeed another "design flaw" someone- perhaps the contractors and/or consultants- should be held responsible. But of course the county will most likely only be able to prove this if we hire outside attorneys, and that would probably cost ten times what a new roof would cost.

The council has instructed Rapozo to report back in July. That should give us plenty of time to get a new pair of binoculars and a set of top-of-the-line nose plugs. We'll leave it to the council to purchase diving equipment- that's why they get the big bucks.

P.O.H.A.K.U.: ROCKIN' IN THE SHAY WORLD; A PNN INVESTIGATIVE REPORT

P.O.H.A.K.U.: ROCKIN' IN THE SHAY WORLD;
WHAT ARE THE QUESTIONS THE COUNCIL WANTS ANSWERED ON PROSECUTOR'S SIGNATURE DIVERSION PROGRAM?
A PNN INVESTIGATIVE REPORT

(PNN) -- Prosecuting Attorney Shaylene Iseri-Carvalho's much ballyhooed P.O.H.A.K.U. program to "divert" minor offenders from jail has blown-up recently as two councilmembers have tried to ask questions about the program while the rest have blocked those queries, even refusing to hold closed door discussions of the program.

A PNN investigation has uncovered what some of those questions may be and found both process and monetary improprieties associated with the program as well as false claims on the part of Iseri and conflicts of interest within the Office of the Prosecuting Attorney (OPA).

For those who have not followed the council machinations lately, for weeks now Iseri, her First Deputy Jake Delaplane and her chief ally on the council Mel Rapozo have thwarted Councilmembers JoAnn Yukimura and Tim Bynum from even discussing the P.O.H.A.K.U. program, with the latest dust-up occurring at Friday's budget session for the OPA.

The council has twice defeated requests for an executive session with County Attorney Al Castillo, and when Council Chair Jay Furfaro was at a doctor's appointment Friday morning, Rapozo acted as chair and banned all discussion of P.O.H.A.K.U.

That enraged Bynum and Yukimura with Yukimura forced to withhold a power point presentation she had prepared to expose some of the alleged wrongdoing in the P.O.H.A.K.U. program.

But Rapozo banned discussion despite its direct relevance to the the agenda item: the OPA's budget, because, he claimed, County Attorney Al Castillo had banned the discussion- something Castillo later denied.

For those who want a blow-by-blow of the multi-level, multi-player chess game of the past month or so, including Friday's budget session, we recommend reading Joan Conrow's Kaua`i Eclectic coverage here, here and here

The overriding question no one has answered is why? What is Iseri so apparently trying to hide? No one can honestly watch the meetings without asking themselves that question. Why are she and Delaplane "running out the clock" with repetitive power point presentations and long winded answers to questions no one asked every time they are subjected to council questioning?

So what are Yukimura and Bynum trying to question her about?

The key to answering that is apparently a company that, despite Iseri's claim that the program is fully of her design and implementation, is apparently the entity that is responsible for the nuts and bolts of the P.O.H.A.K.U. program... a company called Strategic Justice Partners (SJP) LLC of Nevada.

Politically, P.O.H.A.K.U., which has been implemented for a few years now, has been a key to Iseri's campaign for re-election and she has promoted it recently in two articles in the local newspaper touting community meetings and the program's alleged successes. Iseri's official P.O.H.A.K.U. website calls it "a new innovative diversion program that was designed by the Office of the Prosecuting Attorney (OPA) as an alternative to the traditional court process."

But although SJP has never publicly been mentioned by Iseri or her department's personnel, a look at the bottom of the P.O.H.A.K.U. web site says "Content copyright 2011-2012. Strategic Justice Partners. All rights reserved."

And a visit to the SJP web site reveals where the program really came from. The very first thing you see there on the right side is the statement that:

Strategic Justice Partners is a leader in Alternative Sentencing, Diversion and Early Release Programs.

"Our Diversion programs have a 94% completion rate with over 96% of participants rating their experience as "good" or "outstanding".

And under the "What We Do" button it describes a service that sound exactly like the P.O.H.A.K.U. program, saying they provide:

Diversion Programs
Diversion Programs result in lower recidivism than “Stand in line-Pay a fine” justice while dramatically reducing the burden and costs on Prosecutors and Courts. http://www.strategicjusticepartners.com/What_We_Do.html

And the main program exemplary of their work? At the top of the left had side of the home page of the site is a color photo of a smiling, lei-bedecked Iseri alongside a photo of a Kaua`i-style poi pounder (the symbol of P.O.H.A.K.U.) under the title "Kaua'i County Hawai`i; P.O.H.A.K.U. Program." and a blurb that says "We are pleased to introduce P.O.H.A.K.U., an innovative alternative to the traditional court Process."

It doesn't really say who "we" is but the context demands one interpret it as being SJP especially because it's their web site.

Iseri has recently been holding a series of meetings- meetings dutifully reported upon by the local newspaper- apparently as a part of, or at least in conjunction with, her campaign for re-election in the fall. One example of how she has used P.O.H.A.K.U. for political haymaking at every turn is the wording of a communication to the county council for a special council meeting on April 11.

At the time Iseri was asking the "Council approval to apply for and receive Technical Assistance from the Bureau of Justice Assistance and the Vera Institute of Justice's national Cost-Benefit Knowledge Bank for Criminal Justice," although it has since been withdrawn at Iseri's request, apparently because that would have opened the door to questioning about P.O.H.A.K.U.

What would make us say that might be the reason? Well, Iseri had already applied for the "technical assistance" before the item was to have been approved by the council. Not only that but she withdrew the request after all the other delay requests on her part had failed... and she did so in a late night email to the chair, sent the night before the meeting where P.O.H.A.K.U. was to have been discussed.

But it's the rest of the communication that had many laughing at the unique wording that was anything but the usual kind of straightforward "communications for approval." It went on to say that the assistance "will allow the OPA to find innovative programs and develop procedures to ensure that the community is served in the most cost efficient manner and in the best way possible."

Some may say "so what?- it's politics... nothing wrong with that... they all do it." But we bring this up not just to point to the use of the program as a political tool for Iseri but to point out what exactly amounts to wrongdoing here.

It's not clear what precisely SJP's full role is. But what is true is that the association between the OPA and SJP has never come before the council nor has there even been any type of official "procurement process" for SJP's services, as provided by law.

Any "grant" to any department or for that matter any donation of anything, including information or assistance must, by law, come before the county council for approval. It's usually in an official communication for approval to "apply for, accept and indemnify" as the agenda item would normally read. But the words "Strategic Justice Partners" have never been mentioned in even verbal form to the council much less written.

That would be for a grant or donation type of thing. What if the OPA is involved financially with SJP? The fact is that there has never been any official procurement of services from SJP. Nor of course has there ever been a type of contract or "memorandum of agreement" (MOA) which would also have to have been approved by the council.

Finally there have never been any HRS Chapter 91 Administrative Rules promulgated, which according to state law are required to establish procedures for how, say, the OPA would engage with SJP in the P.O.H.A.K.U. program.

But all that is just procedural. Here's what happens if you, as they say, "follow the money."

Because SJP is a Nevada corporation if it wants to do business in Hawai`i it must file with the Department of Commerce and Consumer Affairs (DCCA) and have an "agent" in Hawai`i.

The DCCA filing shows SJP to be a for-profit corporation and the agent in Hawai`i is none other than Iseri's second-in-command, Delaplane.

The filing is simply the initial corporate document and apparently no 2012 report has been submitted. There is nothing to indicate whether Delaplane is being paid for being the sole representative of SJP in Hawai`i. But the fact that he is both their agent and part of the team that is contracting with SJP- the OPA- makes for a blatant conflict of interest.

So who gets what money and where does it come from?

The upcoming OPA's budget for 2013 shows a request for around $20,000 for four different diversion programs although there is no breakdown of how much of that would go to P.O.H.A.K.U. That is one reason why Yukimura and Bynum were asking questions- or want to ask them- in the first place; to find out how much is for each program and in fact what the county funding mechanism(s) for P.O.H.A.K.U. actually are/is. It also "opens the door" so to speak, to discuss the program.

But PNN did learn of one funding source that isn't listed anywhere and certainly has not been communicated to the council.

At Iseri's P.O.H.A.K.U. website those in the program can go to the "Register for Class" page. Under "P.O.H.A.K.U. Class Registration" it says:

You may schedule your P.O.H.A.K.U. class date below.
You must pay your program fees prior to registering.
You may REGISTER with a credit or debit card below or visit any Bank of Hawaii Branch with the deposit slip you were given (emphasis added).

And, PNN has learned, that the "deposit slip" is filled out to deposit $200 to an account bearing the name of, not the County of Kaua`i as one would expect for a program designed and run by Iseri but rather, Strategic Justice Partners.

According to testimony by Delaplane on Friday before the council 49 people have completed the program and so what is clear is that at least that many have paid SJP $200 each for a total of almost $10,000.

What is not clear however is whether the money is refunded if the person doesn't complete the diversion program. The question of how many people failed has, of course, not been discussed because nothing about POHAKU has been able to be discussed, even though both Delaplane and Iseri were permitted to tout it Friday during their "power point" presentation to the council on the budget.

Even- or maybe especially- if the OPA never sees or touches a nickel, improprieties abound with this setup. As we said, P.O.H.A.K.U. itself has never even been approved by the council. Plus, there has never been a procurement of services for SJP nor has there been any MOA, both of which would have to come before the council for approval.

Oh- and one more thing.

The only person listed as a "member" of SJP is one Kirk Barrus. That means he is the sole owner of SJP. Yet a search of SJP's web site does not readily yield Barrus' name- or any other associated with the company.

So who is Barrus? What is his background?

According to David Lazarus' "Consumer Confidential" in the February 20, 2008, Los Angeles Times, Kirk Barrus was the Senior Vice President and spokesperson for a company called American Corrective Counseling Services (ACCS).

In an article in which Lazarus discusses Bush-era court rulings providing full immunity to companies doing business with the government he cites the example of "AT&T and Verizon immunity for their roles in any past and future eavesdropping on the American people."

But ACCS was not granted immunity in the case at hand and Lazarus writes that:

when it comes to public-private canoodling, the most egregious case I've seen recently involved a San Clemente company, American Corrective Counseling Services, that worked with public prosecutors to go after people who bounced checks.

He describes the scam this way:

In contacting consumers, ACCS represented itself as actually being the district attorney's office, even though the cases involved may not have been vetted in advance by an actual prosecutor.

In return for its efforts, ACCS typically would be entitled to a $100 fee and as much as 60% of any fines paid...

Lois Artz, a 72-year-old resident of the Northern California city of Petaluma, received what looked like a very serious letter from the Sonoma County district attorney's office in November 2005.

"The Sonoma County District Attorney's Office has received a CRIME REPORT alleging you have violated Penal Code 476(a) of the California State Statute: Issuing a Worthless Check," the letter warned.

"A conviction under this statute is punishable by up to one (1) year in county jail, or in a state prison, and up to $1,000 in fines," it said.

The letter advised Artz, a former Bank of America branch manager, to enroll in a "bad check restitution program" and to pay $196.62 in fines.

"When I saw that letter, I almost fainted," she told me. "I was beside myself."
Her crime, Artz said, was writing a check for a $26.62 carton of smokes and not having sufficient funds in her bank account to cover it. Artz said she'd been distracted caring for her daughter, who has breast cancer, but she knows that's no excuse.

What troubled her was that her case seemingly was elevated with alarming speed to the level of criminal prosecution without anyone trying to work things out with her.

"I was humiliated and terrified," Artz said. "I felt like any time I turned around, there would be somebody there telling me to come with them."

According to court documents, ACCS went after more than 100,000 Californians in 2001, the latest year for which data are available. And most if not all those people believed they'd been contacted by a government agency, not a private company.

In speaking for ACCS, Barrus

denied that the company acts independently when it chases down suspected check scofflaws.

"We operate under the total control of the district attorney," he said. "We're basically a secretarial service, and therefore should carry the district attorney's immunity.

"They're not letters from a private company," Barrus insisted. "They're letters from a district attorney."

There is another article in The Press Democrat describing the situation in more detail

The fact that the council has questions for Iseri about P.O.H.A.K.U. shouldn't surprise anybody.

We'd certainly like to know a few things.

Did SJP receive other funds such as ACCS did in collecting "as much as 60% of any fines paid" in the California case? Did the OPA either receive or expend any funding directly or indirectly to or from SJP? What exactly is Delaplane's role? What does he do as "agent?" Is he a paid agent? If so, how much? If so, what if anything is Iseri's cut? Doesn't Delaplane or Iseri see an inherent conflict in a operation where someone- so far apparently SJP- is receiving at least $10,000? Why is Iseri so transparently covering up her and the OPA's association with SJP? Is it simply to take credit for a program she didn't really design and implement or is there more?.. perhaps a financial association?

We haven't been able to uncover all the facts or follow all the money. But we sure hope that Rapozo- along with Councilmembers Kipukai Kuali`i, Dickie Chang, and Chair Jay Furfaro- stop blocking at least an executive session but preferably have a full public airing of the issues involved.

Oh by the way- Kuali`i refused to recuse himself from discussions of the OPA's budget despite the fact that the Erin Wilson Victim Witness position cut by Iseri- which is the subject of a complaint by Wilson as we discussed in January - was contracted out to the YWCA where Kuali`i works.

The next thing scheduled for the matter is an executive session set to take place April 30.

IF TREES FALL ON KAUA`I WILL DEVELOPERS COMPREHENSIVELY ZONE IT?

IF TREES FALL ON KAUA`I WILL DEVELOPERS COMPREHENSIVELY ZONE IT?: The first step in what will arguably be the most important process taken up by the county council in recent memory was taken today after more than 20 years of discussion.

And most likely no one will notice. Or care.

The long delayed "CZO update" passed "first reading" today and will be going to a public hearing soon. But the measure, designed to clarify and simplify zoning on the island will probably do more to confuse and complicate matters than anything else.

According to the purpose statement of the bill (#2433) this "first phase" of the Comprehensive Zoning Ordinance (CZO) update is "focusing on organizational and format changes," and said to be "non-substantive" by council staffer Peter Morimoto.

It's 166 pages long... and that's the short version. The full "Ramseyered" version- with underlines and brackets to denote additions and deletions, respectively- is a thick monster of a document which was waved in the air at today's meeting. But since it replaces the entire CZO it has been introduced in the "short" form.

But just wait. The second "substantive bill" will no doubt be even longer and more complicated because it contains all the changes that the council and planning department have been putting off ever since the original CZO was passed in 1972.

Prior to then Kaua`i was "anything goes" when it came to building anything at all, anywhere one desired. That's why you see structures over 40 years old that make you ask "how did they ever allow that to be built?"--not just for the construction itself but for the location.

The 1972 CZO established standards for the first time on Kaua`i and has been amended in dribs and drabs over the years to form what one council member called a "hodgepodge" of a document that has plagued everyone who's tried to use it for decades.

Many "general" amendments were delayed or just blown off because no one knew where to put them or what precisely needed to change. And the ones that did get passed were just stuck in anywhere.

Since the mid 80's, every time the council came up against a problem with the document they would inevitably throw up their hands and say, "well- that's another one for the 'CZO update'." But of course that update never happened- until now.

Former Mayor from 1988-94 and now Council member JoAnn Yukimura told the council at today's "extended" meeting (after yesterday's power outage caused the meeting to be re-convened this morning) that her administration had worked on getting it done. And Council Chair Jay Furfaro said that when he served as Chair of the Planning Commission in 1997 he was promised by the planning department that it would be ready for commission scrutiny "by the end of the year."

Over the past decade-plus the council has appropriated money at least twice (some say three times but who's counting?) to allow the planning department to hire a consultant as the process became longer and more complicated.

That was during the reign of Planning Director Ian Costa whose use of what we've called "the fog" managed to bamboozle the council with promises of "soon" followed by requests for more money, followed by more promises of "soon" and more requests for more money.

Anyway, according to the purpose section of this first "housekeeping" bill:

The County of Kaua`i adopted the first General Plan in 1971 (updated in 1984 and 2000).

Subsequently, the County of Kaua`i adopted the Comprehensive Zoning Ordinance (CZO) in 1972. Since its adoption, the County of Kaua`i has approved several amendments to specific provisions of the CZO. However, the CZO has not been updated in a comprehensive manner since its adoption.

In order to present the CZO update in a more orderly fashion, the CZO Update has been divided into two phases, with the first phase focusing on organizational and format changes. This involves mainly moving or relocating existing provisions to more appropriate locations in the code. The first phase also includes the re-codification of ordinance amendments made to the CZO. The second phase will show the newly reformatted document with recommended substantive changes to the code in a Ramseyered format which will be forthcoming after the first phase has been completed.

Thus, the purpose of this ordinance is to complete the first phase of the CZO update by adopting all organizational, format changes, and to re-codify ordinance amendments made to the CZO to date.

The "second phase" will supposedly contain all the changes that people have sought over the years. But that, in and of itself, is going to be much longer and much, much more complicated.

And of course controversial.

You can count on the fact that developers will want certain measures to be amenable to development while the public interest will be to maintain control over that very development.

The devil will be in the details. With hundreds of pages of old and new provisions all up for grabs you can bet that the monied side will have banks of attorneys scrutinizing each "shall," "will" and "may" for an advantage- that all important "technicality" that will make a judge take notice.

Add to that the recent cap on development that was instituted after a petition-derived charter amendment limited growth to an amount determined in the general plan. And add to that the fact that another general plan update is due to commence any time now with the last one having been completed in 2002 and a charter mandate that they occur once every 10 years.

You can bet that the "development community" will be seeking to water down slow growth and "keep Kaua`i, Kaua`i" forces at bay at every step of the process.

The second phase will not be introduced until this first phase is done according to council staff and the content will come from the planning department where it will go though public hearings and planning commission approval before it eventually reaches the council.

If regular citizens want to participate in that process, the time to organize is not when the bill hits the council floor, but now while there is still time to formulate positions and get ready for those first planning commission hearings.

What the timeline is for all of this is anyone's guess. But those who are concerned about growth on Kaua`i can't start paying attention to this one too soon because there is no doubt the other side is already at work, having waited many years for this "opportunity."

As an aside, the actual text of the bill is available on-line, although apparently council members weren't aware of that today. That's probably because it's not at the council's page at the county web site but as part of the "Granicus" site, which is the company that does the video of the council meetings and where items are both streamed live and archived.

It's also where the "paperwork" accompanying each item on the council's agenda is now being posted.

A couple of weeks ago we wrote about the appearance of this "paperwork" for council agenda items on-line after years of delay- much of the delay, as we said, apparently intentional. At the time we complained that although Granicus was finally posting the material it was not in "text" form but rather as a scanned document.
http://parxnewsdaily.blogspot.com/2012/03/now-you-dont-see-it-now-you-still-dont.html

This week, however, many of the documents- including bills, resolutions and other communications- started to appear in text form, allowing the words to be copied and pasted from the document.

That's where the CZO update bill is posted and since the "new" CZO will replace the old one in its entirety, the new one is simply posted in its entirety.

We point this out because the council seemed blissfully unaware of the posting, even through apparently someone on their staff provided Granicus with the documents in the text format.

During the meeting council members kept asking their staff to "scan" and post a copy, seemingly unaware of the fact that it was available to the public in a text format through Granicus, although not in the Ramseyer format. But if Granicus could post the one they have there now, couldn't they also have put up a text-format copy of the Ramseyered document? (Unless the purpose is to cut down thousands of trees to provide paper to print everything out.)

Did anyone ever check to see if Kaipo Asing or Peter Nakamura had stock in either Georgia Pacific or Weyerhauser?

Well, we wouldn't be happy if we didn't have something to complain about.

NOW YOU DON'T SEE IT, NOW YOU STILL DON'T SEE IT

NOW YOU DON'T SEE IT, NOW YOU STILL DON'T SEE IT: We realize that criticizing the council today may be one of those "no good deeds goes unpunished" type of things. After all, it only took a decade and half to get the paperwork for council agenda items posted on-line after the promise had been made to get it done "tout suite."


So today we have an excuse for our usual "but we digress" style.

Legendary local Kaua`i newspaper Editor Jean Holmes tells the story of how, when the paper's founder Charlie Fern hired her from the Howard County Times in Maryland, he assigned her to cover the Kaua`i County Council.

"When I walked in they practically had to put their pants on" she used to say of the colorful, equally legendary (albeit for different reasons) cast of council characters who had never seen a woman in the council chambers, much less a "lady reporter."

When we first attended a meeting in the pre-television days, not much had changed except that a different cast of characters were perturbed, this time at a haole hippie being in their midst.

Proceedings came to a screeching halt but after a bit of "who the heck are you and what are you here for?" then-County Clerk "Bunji" Shimomura (are we even close to the correct name and or spelling of either?) informed them, much to their astonishment, that indeed they had to allow members of the public- even this apparent wild man- to observe them in action.

But TV changed things. Dragged kicking and screaming into the 1990's, public access TV put council proceedings under the public microscope, albeit in fits and starts with officials finding ways to delay and indeed at times suspend cablecasts until almost 2000.

Around the same time, something called the "internet" was burgeoning and it took a mammoth effort to just get the weekly agendas posted at "kauai.com"- the domain purchased by then-Mayor Maryanne Kusaka, despite the fact that governments already had "dot gov" domains reserved exclusively for them.

By then, as a regular, we had gotten used to the cat and mouse game that interested members of the public, like the notorious "nitpickers"- and even reporters- were required to play, especially when it came to obtaining the aforementioned paperwork. The most annoying flaming hoop was the one called "how can you ask for it by name if you don't know it exists?". The OIP wasn't exactly accessible those days- even with a long distance call there was no "attorney of the day"- so we got pretty much got only what they wanted us to get.

But then suddenly, with the ascension of Ron Kouchi to Council Chair and Republican Kusaka in the mayor’s seat, revealing administration scandals- from, gem-gate to red-Chrysler-gate- became Kouchi's favorite game and the paperwork- especially the juicy stuff- began flowing on a more regular basis.

But there was a catch- although by the early 2000's the council's agendas began to be posted on-line the associated paperwork was available only at Council Services desk. Of course the game in those days was that agendas for the then-Thursday meetings came out as or after the doors to Council Services were locked for the weekend- with the required six days notice for meetings conveniently reduced to three beginning Monday at 9 a.m.

Than meant the already small window got smaller still and required a trip to Lihu`e to boot.

So, with the turn of the century began our quixotic century quest to get that paperwork posted on-line. But so too started the paternalistic reign of Chair Kaipo "it's not public information until I say it's public information... and the OIP can 'bite me'" Asing.

You get the idea. For ten years councilmembers promised posting of documents would begin post haste. Eventually though, not only Asing but even those self-same councilmembers- now having seen who was politically buttering their Portuguese Sweet Bread- were suddenly silent on the issue.

Without those documents by the way, the community would probably never know about the slew of sexual harassment cases which we only found out about because the suit was included- perhaps accidentally- in the "packet." Previous to that we had to be handed papers cloak and dagger style by anonymous sources- one time literally under a toilet stall.

Of course the main problem now is that although the paperwork is available- not at the council's page of the county web site but through "Granicus," a huge mainland company that is contracted to produce and "webcast" the meetings- it is not available in a "text" format but as a "scanned" file.


That means that someone trying to use any of the paperwork to testify- or for any reason like informing others- cannot simply "lift" the text from the file but must re-type it.

It is also probably a violation of the Americans With Disabilities Act (ADA) because the "voice recognition" software used by the visually-challenged will not work with a "picture" of the piece of paper- which is what is essentially what is being used by the county, which apparently supplies Granicus with the files.

Of course some of the paperwork either wasn't created in text or doesn't lend itself to text such as maps or graphs or the like. But there is what is called "Optical Recognition" software which is widely used these days to convert a scanned picture of the words into a "text file." Although errors may be contained in the conversion, going back and comparing it with the original is certainly preferable having to "key in" a 5,000 word document or even a 100-word quote.

Of course we complain because we do this all the time- take documents and post them in text. We have a friend (yes- we do have a few despite being a recovering asshole-a-holic) who has been very generous with his/her time in doing conversions for us. But the county could do this once, for everybody... after all they say they've had to create a new full-time position just to post the already available paperwork.

Scanning and posting around 25- 50 pages apparently takes 40 hours a week. Guess they had to look for an available slug because there wasn't a competent tortoise or snail on the civil service list (sorry- nothing personal, just personnel).

We just discovered the availability of the files today so we don't know yet when the documents will be posted each week (why do we suspect they won't be available when the agenda is ready- usually on Thursdays- but rather as late as they can get away with?.. maybe because we've been dealing with these guys for almost 30 years).

We're not sure who is responsible for the postings- given that "new" Council Chair Jay Furfaro has been on the job for 15 months now without change and brand new County Clerk Ricky Watenabe has been on the job for only about a month or so, we suspect that it is Ricky's doing... especially since Rick has been one of the only senior staffers in council services who has not just made himself available but actually never lied through his teeth to us or evaded our questions and/or requests, lo these decades.

Anyway there's still some stuff missing like committee reports, some communications, legal documents (a real biggie as to digging out news) and even a resolution and a bill for second reading (meaning "ready for final passage") as well as of course whatever is available for executive sessions- another document treasure trove which, many times, is where court filings of lawsuits may be available since they are public records.

So yes- it is a "what have you done for me lately" type of thing. Maybe we should make like the local newspaper... sit down, shut up and say "thanks for the crumbs massah"

All we can say is "put your pants on ladies and gentlemen of the council, there are woman and kids- and wildly rabid reporters- watching.

(PNN) CHIEF’S WIFE SAYS PERRY OFFERED "SETTLEMENT" BY MAYOR CARVALHO AT MONDAY MEETING

CHIEF’S WIFE SAYS PERRY OFFERED "SETTLEMENT" BY MAYOR CARVALHO AT MONDAY MEETING

(PNN) -- Kaua`i Police Chief Darryl Perry was "offered a settlement" by Mayor Bernard Carvalho at a meeting Monday night, Perry's wife Sollette told the county council Wednesday (2/29) evening.

In testimony before the council she said that there was a settlement discussion at the meeting, which was attended members of the police commission, but before she could give details she was interrupted by County Attorney Al Castillo who had previously tried to stop her testimony on two other occasions.*

After previously denying Castillo's demands Council Chair Jay Furfaro did stop Mrs. Perry's testimony at that point saying he would "not allow personnel issues to be raised" and that "no names of employees" were to be spoken although Mrs. Perry had previously named others.

Mrs Perry also demanded that the council launch an investigation under County Charter Section 3.17 and hire special counsel to do so.

After citing her extensive experience in "human resources" Mrs. Perry described the events of the last month saying Chief Perry was originally called to Carvalho's office on January 30 on what he thought was another matter.

There, Mrs. Perry said, the Chief was told that although he was "not being investigated" and was "expected to carry out his duties" when he returned to work, he was being "suspended as Chief of Police for seven days. "

Mrs. Perry said that at the meeting her husband was "shown a letter" from an employee complaining of a "hostile work environment" although he was not given a copy. She said the letter named Assistant Chiefs Roy Asher and Ale Quibilan as subjects of the complaint.

She said that this meeting was attended by Heu, Kollar and one other Carvalho aide.

The evening after the meeting at 8 p.m. she said the Chief got a call from Heu telling him he was to "stand by for a meeting in the morning" but to "avoid (the complainant) at all costs.

"For a month the Chief has been under attack" Mrs. Perry told council members saying that there was "nothing in the county charter that gives the mayor the power to suspend the chief."

Mrs. Perry stated that, when Chief Perry did return to work, as has been reported, Acting Assistant Chief Mark Begley refused three direct orders from Perry requesting Perry's gun, badge and access to his office in what she called "an act of grave insubordination... under directions from the mayor."

She added that current Acting Chief Michael Contrades had also received a communication from Heu on behalf of the mayor ordering Contrades to withhold the chief's equipment.

She told the council she didn’t see the authority to suspend the chief as resting with the mayor but rather that "the (police) commission should direct the chief."

Mrs. Perry testified just before the council went into a previously scheduled executive session regarding the matter. Chair Furfaro said that she had "called in" to request to testify before the session and was told to come in and do so.

For background on this story see previous posts at:

http://parxnewsdaily.blogspot.com/2012/02/ha-cha-cha-cha-cha.html
http://parxnewsdaily.blogspot.com/2012/02/im-afraid-i-cant-do-that-dave.html
http://parxnewsdaily.blogspot.com/2012/02/legally-schmegally.html
http://parxnewsdaily.blogspot.com/2012/02/assorted-secret-valentines.html
http://parxnewsdaily.blogspot.com/2012/02/presumptuous-assumptions.html
http://parxnewsdaily.blogspot.com/2012/02/why-why-why-delilah.html
http://parxnewsdaily.blogspot.com/2012/02/horsesht-of-different-color.html
http://parxnewsdaily.blogspot.com/2012/02/well-i-wonder-wonder-wonder-wonder-who.html

Correction: Deputy County Attorney Justin Kollar did not attend Monday's "settlement" meeting between suspended Police Chief Darryl Perry and Mayor Bernard Carvalho Jr. The meeting was, according to sources, attended by some members of the police commission. The post has been corrected.

BUT WAS IT BASMATI OR LOCAL-KINE STICKY?

BUT WAS IT BASMATI OR LOCAL-KINE STICKY?: Only on Kauai could we have a scandal that revolves around whether having a rice-cooker in the wrong room constitutes a zoning violation.

That's because "Rice-cooker-gate" is a direct result of what happens when a dysfunctional planning department and an ego-maniacal prosecutor collude to "bring down" a councilmember.

The matter- into which we've been delving for the past year or so- has finally spilled over into the local newspaper with an article yesterday that scratched the surface of the prosecution of Councilmember Tim Bynum by Prosecuting Attorney Shaylene Iseri-Carvalho, after the release of various documents and a back and forth between Iseri and Bynum on the matter.

Despite Iseri's denial of any ill-feeling between the two, the feud between her and Bynum goes back to their days together on the council when she and Councilmember Mel Rapozo were allies and sided with then-Chair Kaipo Asing in the infamous days when Bynum and Asing butted heads with all of them over Asing's paternalistic leadership of the council involving issues of process, staffing, introduction of measures and other issues.

Iseri was then elected prosecuting attorney in 2008.

According to a complaint form we've obtained dated 3/26/10 Bynum was alleged to have an "illegal dwelling multi family" unit at his home which is on agriculturally zoned land.

The problem is that, under "Complainer/Requester" the form notes "*wants to remain anonymous!" (the asterisk and exclamation marks are written on the form)

The complaint has two initializations, one for "inspector" and another for "assigned by" but who they actually are is not readily apparent. However what is known is that, according to Bynum's press release that followed an email from Iseri to current Council Chair Jay Furfaro sent just before last Wednesday's council meeting where Iseri appeared on a budgetary matter related to the Victim Witness program:

Apparently, sometime prior to April 2010 a trespasser entered onto my property, looked into my windows and observed a rice cooker and a refrigerator in the family room.

That someone is apparently Planning Inspector Sheilah Miyake who was CCed in a series of memos between Iseri and then Planning Director Ian Costa and has been identified by numerous reliable sources close to the investigation as being the "trespasser."

On April 7, 2010, Iseri wrote to Costa:

We received information to corroborate an anonymous complaint dated March 2.6, 2010 that was sent to the Planning Department and our office, that Councilmember Tim Bynum was renting out his house, or a portion thereof. Can you let me know if renting out a portion of his residence is ill~gal given his land status, and what ordinance/statute would he be violating by doing so? Please advise.

Costa wrote back, CCing Miyake, saying

Sorry for delay Shaylene.

The CZO really doesn't prohibit renting portions of structures. Even the issue of "lock-outs" is not addressed.

The CZO does not dictate where locks are permitted and not permitted (thank goodness!). The issue would be whether the area, in question creates a "multi-family" dwelling. What was permitted is a "single-family" dwelling based on "one kitchen". If a second kitchen (area used for the preparation of food) is present, then a violation would exist for an illegal "multi-family" dwelling unit.

I understand Sheila has been assisting and monitoring .......let me know if we can be of further assistance.

Despite Iseri's previous contention that actions on the complaint was initiated by the planning department alone, her memo indicates that now she says the complaint was sent to both planning and the prosecutor's office. She also seems to say that she and Miyake worked together to get the "rice cooker" information that was arguably obtained illegally via Miyake's trespassing.

In a comment on our November 5, 2010 report on Bynum's denial of allgations, Iseri wrote"

Mr. Parx,

Your statements are completely erroneous. I was never involved in the investigation of Tim Bynum's violations. The entire investigation was conducted by the Planning Department.

The memo seems to indicate that it was Iseri who initiated the action in conjunction with Miyake and without Director Costa's prior involvement. It also shows that Costa essentially confirms what people have been told at planning previous to this incident- that a "second kitchen" is what makes it illegal. And, as everyone is told, it is a stove that constituted what a "kitchen" was.

But Iseri wasn't to be stopped by the prior definition of a kitchen by planning. Apparently when Miyake told her she saw a "rice cooker" on the counter when she sneaked onto Bynum's property without his permission- or even asking- Iseri saw her opening and decided that, despite what planning had said ever since the CZO was established in the early 70's, now any device- presumably even a toaster or coffee maker- is a "kitchen."

The most hilarious part of all this is Iseri's continuing contention that there is no feud or even animosity between her and Bynum. Anyone who ever watched those council sessions where she butted heads with Bynum would have no doubt she despises Bynum.

So as to who made the complaint? Well we can't say for sure but for some reason former Chair Kaipo Asing has taken an unusual interest in Bynum's cases, showing up to Bynum's court dates and last week's council meeting where, if Bynum had not recused himself, sparks between Iseri and Bynum would surely have flown.

Was it Asing? Was it Iseri's ally Mel Rapozo whose animosity toward Bynum is thinly, if at all, disguised? Some seem to think the latter is the case but so far Rapozo's name hasn't come up in any documents.

The answer is apparently another question- does it really matter which of them it was? To think that there was no collusion in the matter would strain credulity.

Another question is what will happen when these people are put under oath. We understand that new Planning Director Mike Dahilig is privy to the whole story and even if the others were thinking of perjuring themselves, his testimony would surely be straightforward, the thinking being that Dahilig, a former deputy county attorney, isn't going to lie under oath for anyone.

A final question is why Iseri's office is even prosecuting the case and why she hasn't recused herself and her office by letting the state attorney general's office take it over. It would seem, given the history between Iseri and Bynum, recusal would be a no brainer.

Also, Iseri's email was stamped with a big "Confidential" across the top and the original did not contain any redactions. But under the Sunshine law she has no apparent right to say an email to the council is confidential. All emails to councilmembers are considered public documents.

We'll leave it there for today. Below are the full texts of Iseri's letter asking for Bynum's recusal last Wednesday and Bynum's "press release" that followed this weekend. It should be noted that there may be misprints in Iseri's email. First of all, names of those involved are redacted and second we had to use optical character recognition software to get it in "text" form. There may be redactions that are not noted so the sentences may seem disjointed. But you'll get the gist of it.

----#---

Iseri's letter to Council Chair Jay Furfaro CCed to all councilmembers except Bynum.

January 19, 2011

TO: Council Chair Jay Furfaro

FR: Prosecuting Attorney Shaylene Iseri-Carvalho

RE: Conflict Notice Regarding Councilmember Timothy Bynum

This communication serves as a notice to the Council regarding a conflict of interest between Councilmember Timothy Bynum and the Office of the Prosecuting Attorney. This conflict arises from several incidents involving Councilmember Bynum and employees in our office, as well as the pending criminal case filed by our Office against Councilmember Bynum in November 2011.

1. Bynum's Inappropriate Confrontation Of Deputy Prosecuting (redacted)

On September 28, 2011, Councilmember Timothy Bynum attended a court proceeding with his son, David Bynum, at the 5th Judicial Circuit Courthouse in Lihu`e. After the hearing, Mr. Bynum stood outside the courtroom door in the public hallway and confronted Deputy Prosecuting Attorney (redacted) regarding David's case. As (redacted) exited the courtroom, Mr. Bynum stated directly to (redacted) "Do you think justice was done? This was because [expletive] Shaylene doesn't like me and is out to get me." (Redacted) was standing nearby and also witnessed the confrontation.

According to the Kaua`i County Charter section 3.07(D)

The council may, upon an affirmative vote of at least two-thirds of its entire membership, suspend without pay for not more than one month any member for disorderly or contemptuous behavior in its presence. The presiding officer or the council by a majority vote may expel any other person who is guilty of disorderly, contemptuous or improper conduct at any meeting.

While this section deals with disorderly and contemptuous conduct that occurs in the presence of the Council, it is also instructive as to the appropriate conduct expected from Councilmembers in their dealings with county employees as well as the general public.

Additionally, Section 3.18 of the Kaua`i County Charter states:

Except for the purpose of investigative inquiries under Section 3.17, the council or its members, in dealing with county employees, or with county officers who are subjected to the direction and supervision of the mayor, shall deal solely through the mayor. and neither the council nor its members shall give orders to any such employee or officer either publicly or privately. Any willful violation of the provisions of this section by a member of the council shall be sufficient grounds for an action for his removal from office.

Clearly, Councilmember Bynum did not handle this situation appropriately. If Mr. Bynum had questions or concerns about the case, the appropriate course of action would have been to communicate those to the elected Department Head, which is me, rather than confronting one of our Deputies, who, in fact, was not assigned to handling the case. This confrontation clearly illustrates the undue bias Mr. Bynum harbors toward both me personally, as well as the Office of the Prosecuting Attorney. As such, Mr. Bynum must recuse himself from any matter before the Council involving the Office of the Prosecuting Attorney.

2. Bynum's inappropriate confrontation of (redacted)

Before coming to work at the OPA (redacted) was employed by (redacted) as (redacted). She applied to the OPA as a (redacted) and was offered the job in (redacted) . After accepting the position (redacted), who had turned in her 2 week notice (redacted) was confronted by Councilmember Bynum in her office. Bynum stated that he was concerned because it was well known that he and Shaylene did not 'get along' and adamantly believed that the only reason Shaylene hired her was to 'get back at him.' These statements and allegations continued for a prolonged period, leaving (redacted) to feel uncomfortable and offended.

Councilmember Bynum's inappropriate confrontation with (redacted) regarding her employment at the OPA demonstrates Mr. Bynum's continued undue bias toward me and my office. This bias and proclivity to engage in inappropriate conduct with OPA employees further establishes the need to have Mr. Bynum precluded from participating in any matters relating to the operations of the OPA.

3. Bynum's Pending Criminal Case

On November 9, 2011, the OPA filed a criminal complaint in the District Court of the Fifth Circuit against Timothy Bynum, alleging 4 counts of violations of the Kaua`i County Code. Each Count is a misdemeanor offense, punishable by up to one year in jail and a $2,000.000 fine for each. This means that if convicted, Bynum could face up to 4 total years imprisonment and $8,000.00 in fines. There have already been two motion hearings on the case, in which Mr. Bynum has been represented by a private attorney. At each hearing, First Deputy Prosecutor Jake Delaplane represented the State and made all arguments on behalf of the State. Councilmember Bynum's criminal case clearly establishes a conflict with the OPA. He has a clear financial interest in the operations of the OPA, as he would directly benefit if the OPA's operations were negatively impacted by any action of the Council. By virtue of being a criminal defendant, he has a vested interest in ensuring that the OPA not operate at peak efficiency. In accordance with Article )0( of the Kaua`i County Charter, this financial interest clearly prohibits Bynum from participating in any matter relating to the OPA that comes before the Council. Further, because Councilmember Bynum is represented by an attorney in his criminal case, our office is prohibited from having direct contact with Bynum without his attorney present; as such contact would violate Bynum's 6th Amendment Right to Counsel and could result in dismissal of his case. Bynum's paranoid belief that the actions taken by our office were calculated personal attacks against him is without any merit and is completely baseless. The criminal case against his son was investigated by the Kaua`i Police Department and referred to our office for prosecution. The case initiated against Councilmember Bynum was investigated by the Planning Department and referred to our office for criminal prosecution. The contact with (redacted) was solely initiated by Councilmember Bynum. Her decision to apply to the OPA and our decision to hire her was purely based on (redacted) exceptional experience and qualifications.

For the above stated reasons, Councilmember Bynum has a clear conflict of interest with the Office of the Prosecuting Attorney and should not be allowed to participate in any Council proceedings involving the OPA. It is our hope that the Council will address this situation in a timely and appropriate manner. Feel free to contact me with any questions regarding this matter.

SHAYLENE ISERI-CARVALHO
PROSECUTING ATTORNEY

---------

Bynum's Press Release

I was elected to legislate for the county and to provide oversight of various government agencies and offices. Among these is the Office of the Prosecuting Attorney (OPA).

However, the OPA has recently filed criminal zoning violations against me and I must now defend those in Court. Since I was charged, the County Prosecutor has now cited those same charges as a basis for having me recused from all legislative oversight over her office. Out of an over abundance of caution I agreed to recuse myself from the January 19th meeting.

Likewise, I believe that it would be appropriate for the Kauai Prosecuting Attorney to be recused from prosecuting my case and allow the Attorney General's office to properly evaluate this case. I believe that this would be the best assurance of a fair proceeding and a fair process that is certain to be governed by the rule of law.

The Prosecuting Attorney states in a Jan 19 letter that her criminal prosecution is not personal, and was a routine matter “investigated by the Planning Department and referred to our office for criminal prosecution.” What I have learned is that as early as April 2010, the Prosecuting Attorney asked the Planning Director in an email for a legal basis on which to prosecute me. I am attaching a copy of emails between the Prosecuting Attorney and then-Planning Department Head Ian Costa. These e-mails establish that the Prosecuting Attorney was involved in the matter before Planning even investigated the “anonymous complaint” and that this was not just a routine Planning Department investigation.

In her email, the Prosecutor refers to an "anonymous" complaint. Apparently, sometime prior to April 2010 a trespasser entered onto my property, looked into my windows and observed a rice cooker and a refrigerator in the family room.

I hope that through the court-process I will be able to ascertain the identity of this trespasser and learn how this person was able to anonymously commence a criminal investigation - especially when I have previously been assured by the Planning Department that my house was properly permitted. I also hope to find out who, if anyone in government authorized sending someone to peer into the windows of my family home. I believe that the trespasser should be prosecuted, but thus far his or her identity appears to have been protected. The documents provided to my defense attorney so far only state that he or she "wishes to remain anonymous".

Finally, just minutes prior to the January 19, 2012 Special Council Meeting, the Prosecuting Attorney sent a letter marked confidential demanding my recusal. The letter was sent to all Council Members except for me. I was allowed to read the letter in the presence of the County Attorneys but I was not given a copy.

I am now informed that the Prosecuting Attorney intends to release to the public this letter she stamped “confidential.” The letter misrepresents conversations I had with two individuals I have long respected and have had a cordial professional relationship with for years.

The intended subject matter of the January 19 Council Meeting was a valid examination of concerns raised by a number of citizens regarding the Victim Witness program, the reported backlog of cases, finance issues and the high turnover / vacancies of Deputies. Council member Joann Yukimura instigated the request. Anyone who follows the Council knows that this type of oversight agenda item is common and a legitimate Council responsibility.

Additional information regarding the alleged zoning violation:

In 2005, at times there were 4 generations of my family (7 people total) living in my home (my father, myself and my wife, my son, my daughter, our grandson and his mother). We decided to do an addition to our home. We wanted to create a living space that was integrated. We constructed two bedrooms, a bathroom and family room. The addition also included a ramp because my elderly father was increasingly having difficulty negotiating the steps to the front door much less the stairs to the second story where the existing bedrooms were located.

When the drawings were done I took them to the County Planning department and the Building division for informal review. I was told everything was fine as long as no stove was installed. Subsequently we submitted the plans to the County for formal review and approval. The plans were approved after being circulated to and approved by various departments including the Planning department.

We hired a contractor and built according to the plans. The County sent inspectors during construction including a final inspection after which we were issued a certificate of occupancy. The addition is exactly as it was when “final inspection” occurred; nothing has been added or deleted. No installed cooking facilities have ever existed in the addition. Our home has one kitchen; every person that has ever resided in our home has used the one kitchen.