Showing posts with label Mike Tressler. Show all posts
Showing posts with label Mike Tressler. Show all posts
Wednesday, July 4, 2012
IT'S A DIRTY JOB BUT NOBODY'S GOT TO DO IT
IT'S A DIRTY JOB BUT NOBODY'S GOT TO DO IT: Sometime it's an occasion for a straight rant, usually after an unusually pathetic, yet successful injustice has been perpetrated. But sometimes things are so enraging and we find it so hard to fit into our new and improved engagingly rabid outfit that we resort to a simple news report.
So after receiving word last week that the Office of Information Practices (OIP) decided to issue an "informal opinion" saying that Former Chair Kaipo Asing conspired with former County Clerk Peter Nakamura to go behind closed doors under false pretenses three years ago, in order to contain our rage we went with the just the facts, ma’am.
We were just going to leave it at that until yesterday when Joan Conrow carefully inserted the opinion in our craw speaking about how
former County Council Chair Kaipo Asing violated the sunshine law — three years ago. Yup, that's how long it took the OIP to rule on a citizen complaint. And even then, you still would have to go to court to void any action that was taken during an improperly noticed meeting, adding many more months to the process. It seems government transparency, absent expediency, doesn't really count for much.
ALL RIGHT, ALL RIGHT, ALL RIGHT. We can't get away with anything around here.
We did intentionally leave out the end of the opinion because to delve into what it truly meant would have generated enough ear-steam to power a small village.
It repeated one of the most egregious half truths in the annals of open governance. Under the title "Right to Bring Suit to Enforce Sunshine Law and to Void Board Action" it said:
Any person may file a lawsuit to require compliance with or to prevent a violation of the Sunshine Law or to determine the applicability of the Sunshine Law to discussions or decisions of a government board. The court may order payment of reasonable attorney fees and costs to the prevailing party in such a lawsuit.
This bit of butt-derived garbage directly conflicts with the state Sunshine Law which, in Section §92-12 "Enforcement" says:
(a) The attorney general and the prosecuting attorney shall enforce this part.
(b) The circuit courts of the State shall have jurisdiction to enforce the provisions of this part by injunction or other appropriate remedy.
Pretty clear, eh? Yet not one of the hundreds of of formal and informal opinions OIP has issued since 1989- especially the dozens that essentially called the actions of various boards unlawful- has been enforced by either the attorney general or any of the county prosecuting attorneys.
But how can that be- isn't the law clear as to their responsibility?
You'd think so- but noooooo.
Although it's been a while since the last time any attorney general has responded to an inquiry- and we don't believe there is a written opinion on the subject- when we did get an answer way back when, we were referred to the rest of the "Enforcement" section. It says:
(c) Any person may commence a suit in the circuit court of the circuit in which a prohibited act occurs for the purpose of requiring compliance with or preventing violations of this part or to determine the applicability of this part to discussions or decisions of the public body.
Though the reasoning is way too tortured for the way understand logic to work the gist of the AG's contention is that, because "(a)ny person may commence a suit in the circuit court of the circuit in which a prohibited act occurs for the purpose of requiring compliance," the AG will not do a damn thing and rather, will graciously allow one of those "any persons" do the dirty work.
The problem with that is two-fold. First of all the law doesn't say the AG may enforce this part it says (s)he "shall" enforce it.
For the second problem the first thing one must do is take a look at the next part of the Sunshine Law- §92-13 Penalties.
It says:
Any person who wilfully (sic) violates any provisions of this part shall be guilty of a misdemeanor, and upon conviction, may be summarily removed from the board unless otherwise provided by law.
Misdemeanors in the state of Hawai`i are punishable by not more than $1000 fine, a year in jail or both.
Yet §92-12(c) refers to the lawsuit a person files being "for the purpose of requiring compliance with or preventing violations of this part or to determine the applicability of this part to discussions or decisions of the public body. "
The problem that we're talking abut meetings where the board is about to go into what is essentially an unlawful secret meeting. So how would you stop them? With an injunction? Well, a certain conundrum is presented by the rest of §92-12. That bit of unreality says:
(d) The proceedings for review shall not stay the enforcement of any agency decisions; but the reviewing court may order a stay if the following criteria have been met:
(1) There is likelihood that the party bringing the action will prevail on the merits;
(2) Irreparable damage will result if a stay is not ordered;
(3) No irreparable damage to the public will result from the stay order; and
(4) Public interest will be served by the stay order.
As we said, it doesn't matter what the heck the likelihood is of a party prevailing, any irreparable damage or some kind of public interest because the deed will have already been done by the time a "person" files a suit... unless you have one of those Twilight Zone stop watches that can put the board meeting in suspended animation while you track down a lawyer who can track down a judge who can and will rush over to interrogate the board and issue an injunction.
Of course this is all practically moot these days because of a case called "OIP vs County of Kaua`i" which- leaving out all the juicy stuff involving the infamous ES-177, Asing, current Councilperson and former star of the book KPD Blue (see left rail) Mel Rapozo, former Finance Director and current Grove Farm Veep and Koloa Camp evictor Mike Tressler, the Kaua`i Board of Ethics, former Police Chief KC Lum and a cast of seemingly thousands- essentially defanged OIP and turned what used to be known as the best Sunshine Law in the country into a parody of open meetings laws.
Because all a person can do is file a civil suit and seek to overturn the actions. Even if this opinion wasn't three years old it doesn't seem to mean anything as far as the Penalty section is concerned.
Although in this case the opinion appears to say that the action was "willful"- especially since Asing and Nakamura refused to even respond to OIP inquiries- who exactly is there from whom to seek the criminal penalties... which, if we understand the American jurisprudence system correctly, is what is supposed to deter people from doing it again in the future, not encourage the action over and over by essentially saying the law is a joke.
Ah, crap- now we're thoroughly pissed off. Shoulda stuck with the news.
So after receiving word last week that the Office of Information Practices (OIP) decided to issue an "informal opinion" saying that Former Chair Kaipo Asing conspired with former County Clerk Peter Nakamura to go behind closed doors under false pretenses three years ago, in order to contain our rage we went with the just the facts, ma’am.
We were just going to leave it at that until yesterday when Joan Conrow carefully inserted the opinion in our craw speaking about how
former County Council Chair Kaipo Asing violated the sunshine law — three years ago. Yup, that's how long it took the OIP to rule on a citizen complaint. And even then, you still would have to go to court to void any action that was taken during an improperly noticed meeting, adding many more months to the process. It seems government transparency, absent expediency, doesn't really count for much.
ALL RIGHT, ALL RIGHT, ALL RIGHT. We can't get away with anything around here.
We did intentionally leave out the end of the opinion because to delve into what it truly meant would have generated enough ear-steam to power a small village.
It repeated one of the most egregious half truths in the annals of open governance. Under the title "Right to Bring Suit to Enforce Sunshine Law and to Void Board Action" it said:
Any person may file a lawsuit to require compliance with or to prevent a violation of the Sunshine Law or to determine the applicability of the Sunshine Law to discussions or decisions of a government board. The court may order payment of reasonable attorney fees and costs to the prevailing party in such a lawsuit.
This bit of butt-derived garbage directly conflicts with the state Sunshine Law which, in Section §92-12 "Enforcement" says:
(a) The attorney general and the prosecuting attorney shall enforce this part.
(b) The circuit courts of the State shall have jurisdiction to enforce the provisions of this part by injunction or other appropriate remedy.
Pretty clear, eh? Yet not one of the hundreds of of formal and informal opinions OIP has issued since 1989- especially the dozens that essentially called the actions of various boards unlawful- has been enforced by either the attorney general or any of the county prosecuting attorneys.
But how can that be- isn't the law clear as to their responsibility?
You'd think so- but noooooo.
Although it's been a while since the last time any attorney general has responded to an inquiry- and we don't believe there is a written opinion on the subject- when we did get an answer way back when, we were referred to the rest of the "Enforcement" section. It says:
(c) Any person may commence a suit in the circuit court of the circuit in which a prohibited act occurs for the purpose of requiring compliance with or preventing violations of this part or to determine the applicability of this part to discussions or decisions of the public body.
Though the reasoning is way too tortured for the way understand logic to work the gist of the AG's contention is that, because "(a)ny person may commence a suit in the circuit court of the circuit in which a prohibited act occurs for the purpose of requiring compliance," the AG will not do a damn thing and rather, will graciously allow one of those "any persons" do the dirty work.
The problem with that is two-fold. First of all the law doesn't say the AG may enforce this part it says (s)he "shall" enforce it.
For the second problem the first thing one must do is take a look at the next part of the Sunshine Law- §92-13 Penalties.
It says:
Any person who wilfully (sic) violates any provisions of this part shall be guilty of a misdemeanor, and upon conviction, may be summarily removed from the board unless otherwise provided by law.
Misdemeanors in the state of Hawai`i are punishable by not more than $1000 fine, a year in jail or both.
Yet §92-12(c) refers to the lawsuit a person files being "for the purpose of requiring compliance with or preventing violations of this part or to determine the applicability of this part to discussions or decisions of the public body. "
The problem that we're talking abut meetings where the board is about to go into what is essentially an unlawful secret meeting. So how would you stop them? With an injunction? Well, a certain conundrum is presented by the rest of §92-12. That bit of unreality says:
(d) The proceedings for review shall not stay the enforcement of any agency decisions; but the reviewing court may order a stay if the following criteria have been met:
(1) There is likelihood that the party bringing the action will prevail on the merits;
(2) Irreparable damage will result if a stay is not ordered;
(3) No irreparable damage to the public will result from the stay order; and
(4) Public interest will be served by the stay order.
As we said, it doesn't matter what the heck the likelihood is of a party prevailing, any irreparable damage or some kind of public interest because the deed will have already been done by the time a "person" files a suit... unless you have one of those Twilight Zone stop watches that can put the board meeting in suspended animation while you track down a lawyer who can track down a judge who can and will rush over to interrogate the board and issue an injunction.
Of course this is all practically moot these days because of a case called "OIP vs County of Kaua`i" which- leaving out all the juicy stuff involving the infamous ES-177, Asing, current Councilperson and former star of the book KPD Blue (see left rail) Mel Rapozo, former Finance Director and current Grove Farm Veep and Koloa Camp evictor Mike Tressler, the Kaua`i Board of Ethics, former Police Chief KC Lum and a cast of seemingly thousands- essentially defanged OIP and turned what used to be known as the best Sunshine Law in the country into a parody of open meetings laws.
Because all a person can do is file a civil suit and seek to overturn the actions. Even if this opinion wasn't three years old it doesn't seem to mean anything as far as the Penalty section is concerned.
Although in this case the opinion appears to say that the action was "willful"- especially since Asing and Nakamura refused to even respond to OIP inquiries- who exactly is there from whom to seek the criminal penalties... which, if we understand the American jurisprudence system correctly, is what is supposed to deter people from doing it again in the future, not encourage the action over and over by essentially saying the law is a joke.
Ah, crap- now we're thoroughly pissed off. Shoulda stuck with the news.
Labels:
C of K vs OIP,
Chief Lum,
ES-177,
Kaipo Asing,
KPD Blue,
Mel Rapozo,
Mike Tressler,
OIP,
Peter Nakamura,
Sunshine law
Tuesday, October 11, 2011
LIKE A GLOVE
LIKE A GLOVE: It isn't like it was a surprise when Kauai County Clerk Peter Nakamura* was apparently fired this week.
After all, the first shoe had been dropped over and over throughout the years with allegations that he had cost the county a cool quarter-million in the Margaret Hanson Sueoka harassment suit along with his alleged misdoings in collecting unapproved cash-for-vacation-time from former Chair Kaipo Asing as has been splashed all over the front page of the local newspaper recently.
Not only that but the second shoe had been poised for a gravity-driven trip for months with executive sessions concerning his employ showing up on the council's agenda almost every time they met.
But the fact that Nakamura was offered and accepted a job in the planning department was a bit odd given that the revolving door was wide open for him after his performance as perhaps the best flack-catcher the county has even seen.
We've had a love/hate relationship with Nakamura throughout his tenure. Early in his tenure his penchant for providing information and documents was unique in the county if not the state, where our sunshine law has been cited nationally for being one of the best while showing up among the worst when it comes to how it actually functions.
But that was before the ascendancy of Asing and, in serving the new king, Nakamura of course took to carrying the king's sword which in Asing's case was a heavy instrument indeed.
As per Asing's instructions, Nakamura became the scrooge of public information, fighting with aplomb councilmembers' battles with the Office of Information Practices (OIP)- like the one over the infamous ES-177 that eventually resulted in the recent full de-toothification of the OIP.
Someone that is willing to fall on his sword like that is invaluable in the corporate world and Kaua`i is littered with such former county officials who have found a place in the close knit Kaua`i business community based on their ability to take a bullet for their bosses... people like current Grove Farm VP Mike Tressler who, as Finance Director, parlayed his part in the pogrom that resulted in the removal of former Police Chief KC Lum, into his current high-paying position.
Could it be that Nakamura's claim that he was returning to his first love- planning- actually be true?
Whether or not that's the full explanation, his trip across the street to the administrative offices, while unique, fits quite well into Mayor Bernard Carvalho's scheme for filling positions with "protected" cronies. Anyone who has served with the kind of blind loyalty Nakamura has exhibited over the years can't help but be an asset to Carvalho in a way few if any from the outside can be.
But would Nakamura settle for a position as a lowly planner when lucrative job the business sector beckons? Of course not.
It just so happens that the planning department has a "temporary" director right now- Mike Dahilig who, according to the county charter, is unqualified to take the position permanently. And he has done the job he was sent to do- take over the reins of a department allegedly under FBI investigation and get the feds off their backs... not to mention guiding the difficult and potentially contentious process of passing the all important ordinance that returns scrutiny of tourist accommodation permits from the council back to the planning department in compliance with the so-called citizen-petitioned General Plan charter amendment.
Nakamura- who ironically served as Planning Director under then-Mayor, now-Councilmember JoAnn Yukimura (who apparently was instrumental in his firing)- seems to be the beneficiary of a circumstance that makes his future as planning director all but a formality once the commission acts.
So all's well in the Minotaur’s labyrinth as the bone mill cranks out another bowl of that distinctly Kaua`i-flavored porridge which, while sweet-smelling to the minotaur and his minions, stinks to high heaven to the rest of the island's denizens.
-----
*Correction: We inadvertently left off Peter Nakamura's name in the first paragraph. This on-line version has been corrected. We apologize for the error.
After all, the first shoe had been dropped over and over throughout the years with allegations that he had cost the county a cool quarter-million in the Margaret Hanson Sueoka harassment suit along with his alleged misdoings in collecting unapproved cash-for-vacation-time from former Chair Kaipo Asing as has been splashed all over the front page of the local newspaper recently.
Not only that but the second shoe had been poised for a gravity-driven trip for months with executive sessions concerning his employ showing up on the council's agenda almost every time they met.
But the fact that Nakamura was offered and accepted a job in the planning department was a bit odd given that the revolving door was wide open for him after his performance as perhaps the best flack-catcher the county has even seen.
We've had a love/hate relationship with Nakamura throughout his tenure. Early in his tenure his penchant for providing information and documents was unique in the county if not the state, where our sunshine law has been cited nationally for being one of the best while showing up among the worst when it comes to how it actually functions.
But that was before the ascendancy of Asing and, in serving the new king, Nakamura of course took to carrying the king's sword which in Asing's case was a heavy instrument indeed.
As per Asing's instructions, Nakamura became the scrooge of public information, fighting with aplomb councilmembers' battles with the Office of Information Practices (OIP)- like the one over the infamous ES-177 that eventually resulted in the recent full de-toothification of the OIP.
Someone that is willing to fall on his sword like that is invaluable in the corporate world and Kaua`i is littered with such former county officials who have found a place in the close knit Kaua`i business community based on their ability to take a bullet for their bosses... people like current Grove Farm VP Mike Tressler who, as Finance Director, parlayed his part in the pogrom that resulted in the removal of former Police Chief KC Lum, into his current high-paying position.
Could it be that Nakamura's claim that he was returning to his first love- planning- actually be true?
Whether or not that's the full explanation, his trip across the street to the administrative offices, while unique, fits quite well into Mayor Bernard Carvalho's scheme for filling positions with "protected" cronies. Anyone who has served with the kind of blind loyalty Nakamura has exhibited over the years can't help but be an asset to Carvalho in a way few if any from the outside can be.
But would Nakamura settle for a position as a lowly planner when lucrative job the business sector beckons? Of course not.
It just so happens that the planning department has a "temporary" director right now- Mike Dahilig who, according to the county charter, is unqualified to take the position permanently. And he has done the job he was sent to do- take over the reins of a department allegedly under FBI investigation and get the feds off their backs... not to mention guiding the difficult and potentially contentious process of passing the all important ordinance that returns scrutiny of tourist accommodation permits from the council back to the planning department in compliance with the so-called citizen-petitioned General Plan charter amendment.
Nakamura- who ironically served as Planning Director under then-Mayor, now-Councilmember JoAnn Yukimura (who apparently was instrumental in his firing)- seems to be the beneficiary of a circumstance that makes his future as planning director all but a formality once the commission acts.
So all's well in the Minotaur’s labyrinth as the bone mill cranks out another bowl of that distinctly Kaua`i-flavored porridge which, while sweet-smelling to the minotaur and his minions, stinks to high heaven to the rest of the island's denizens.
-----
*Correction: We inadvertently left off Peter Nakamura's name in the first paragraph. This on-line version has been corrected. We apologize for the error.
Monday, September 6, 2010
MUZZLED AGAIN (Part 1)
MUZZLED AGAIN (Part 1): When. business editor at the local newspaper Coco Zickos was unceremoniously fired for not kow-towing enough to the business community- as PNN exclusively reported a month ago- we knew changes were probably in the works.
It wouldn’t be the first time advertisers clamped down on content they didn’t want people to see as PNN reported on it’s Parxist Conspiracy television newsmagazine in the late 1990’s.
But little did we suspect it might be the beginning of the wholesale censoring of Kaua`i based news that reflects poorly on some the islands biggest “industries”.
Yet at least twice in the last week, while other news outlets have reported on stories of alleged illegal activities on the island the local newspaper has remained silent.
The first, as you might suspect if you read our Aug. 26 post regarding the “Informational Briefing” led by Senate Ways and Means Chair Donna Mercado Kim investigating, among other things, is about, as the agenda said, the
a. Status of the employee embezzlement investigation
b. Explanation of the overpayment, reinstatement, and settlement of the employee that walked off the job
c. Status of the Mitigation of TSA (Transportation Security Administration) fines on Kauai – mitigation
d. Costs to the State, airlines, and travelers from the security breach at Lihue Airport on September 11, 2009
(e) Grove Farm – status of the helipad expansion and status of information requested by the Committee in letter dated July 22, 2010, regarding enhancements to the access points for the Grove Farm land , the value and costs of the enhancements, and whether an enhancement fee was negotiated as part of the contract
You’d think that the paper would have at least watched the hearing on line if not sent someone to the hearing that could negatively effect tourism, the biggest industry on the island. Or maybe they could have just read the stories at the KITV web site which is apparently the only news outlet that covered the hearing.
In the first of two articles- which are much more comprehensive than the video report also available at their web site- they described how, as the headline says
Kauai Airport Supervisor Fired For Theft
She Was Put On Leave With Pay After Admitting To Stealing
The article itself reveals
A supervisor at Lihue Airport who admitted to stealing thousands of dollars in an embezzlement case has been fired after state transportation officials put her on leave with pay for nearly two months while they investigated the case.
The state transportation director admitted Tuesday what employees have complained about for years: that there's a management problem at Lihue Airport.
Sources told KITV 4 News a business services supervisor at Lihue Airport, who oversees four other people, admitted to stealing about $13,000 from the state over several months. Some of it was money that airline employees, vendors and others pay for annual airport security badges.
The state placed her on leave with pay after she admitted to airport officials in writing to the theft in early July, according to Sidney Hayakawa, an administrative services officer with the state department of transportation.
The woman, who has not yet been charged with a crime, kept collecting her paycheck for nearly two months until she was fired Thursday, he said.
Though KITV- and apparently those at the hearing- did not name the employee, by simply cross-referencing mentions of the employee’s position in earlier article with the listing at the DOT web site one of PNN's investigators has deduced the employee’s name is Finance Director Maycia Matsuyoshi.
Kim was apparently incredulous, not only at the embezzlement but at Matsuyoshi’s treatment after being caught.
"Why would she be put on leave with pay?” Kim asked during a hearing Tuesday at the state capitol.
"Because we wanted her to be available to come back, because we needed to re-interview her. And that's what's happening right now, the AGs have to re-interview her and she was available to them," Hayakawa said.
"You still have to go through an investigation and you have to verify that wrongdoing is evident and had occurred," said State Transportation Director Brennon Morioka, noting that even people who’ve admitted wrongdoing deserve due process.
Airport records show the woman was paid anywhere from $35,000 to $54,000 a year. Hayakawa said officials could have put her on unpaid leave while they investigated, but they chose not to.
The report also says KITV “found four small claims judgments against the woman since 1998.”
But that incident isn’t all the committee investigated. It goes on to say:
There are other problems at Lihue airport. It was the only airport in Hawaii to pay security fines to the Transportation Security Administration recently. Lihue paid $75,000 worth of security fines to the TSA for 15 security lapses between March of 2009 and 2010.
"The management at Kauai airport seems to be problematic. And this is just one more, on top of all the issues we've seen on Kauai," Kim said.
In another incident, an airport operations controller frustrated with management at Lihue walked off the job in late 2008 and no one bothered to notify personnel officials to stop his paycheck for weeks, so he was overpaid about $5,000.
Earlier this year, he was allowed to return to work at the airport, keeping the extra $5,000 in overpaid salary and 880 hours of accrued sick leave.
If they could rewind the situation “we would have looked at recouping the money for his salary overpayment,” Morioka said....
“It seems to me they could do a reality show at Kauai Airport,” said State Sen. Sam Slom (R-Hawaii Kai, Diamond Head, Kahala).
Want more?
In another incident, airport manager George Crabbe lost track of two people he was escorting behind security checkpoints on Sept. 11, 2009, resulting in the Lihue airport terminal being evacuated and shut down and passengers re-screened.
That disrupted scheduled flights on Kauai. “In spite of my personal embarrassment of being the cause of the disruption, the alternative of not taking this step to ensure terminal safety would have been worse,” Crabbe wrote in a statement to his superiors at the DOT.
“I take sole responsibility for the events that led to this disruption and I cannot fully express the mortification and regret my momentary lapse of attention caused,” Crabbe said in the statement.
The second article deals with the resignation of former Deputy Transportation Director Brian Sekiguchi who is now involved in an ethics probe for allegedly “accepting free tickets from an airport vendor to attend the Masters golf tournament in Augusta, Ga., in April of 2009 (and) not put(ting) in for vacation leave for one day of that same April vacation.”
But late in the article it refers back to what apparently caused Sekiguchi to resign three weeks ago saying:
Several other incidents and problems raised questions about the management of the airports division, which Sekiguchi oversaw since 2003 before resigning in August.
On July 27, state Procurement Office Administrator Aaron Fujioka found the state Department of Transportation violated procurement law when it hired two airport security consultants through Securitas Security Services USA, an airport security contractor.
The incident was previously reported to involve dealings with former county Finance Director Mike Tressler, now a vice president at Grove Farm which handsomely profited by the overpayment which paid out more than double what the property was really worth.
Tomorrow in part 2 we’ll let you know about an even bigger blockbuster ignored by the local “news”paper- one that could have severe repercussions that bode ill for the future of agriculture on Kaua`i.
------
It’s time to send letter to stop Linda Lingle’s lame duck attempt to make horrendous wholesale changes to the conservation district rule which the Department of Land and Natural Resources is proposing. Go to Marti Townsend’s KAHEA website for a handy-dandy way to do so.
It wouldn’t be the first time advertisers clamped down on content they didn’t want people to see as PNN reported on it’s Parxist Conspiracy television newsmagazine in the late 1990’s.
But little did we suspect it might be the beginning of the wholesale censoring of Kaua`i based news that reflects poorly on some the islands biggest “industries”.
Yet at least twice in the last week, while other news outlets have reported on stories of alleged illegal activities on the island the local newspaper has remained silent.
The first, as you might suspect if you read our Aug. 26 post regarding the “Informational Briefing” led by Senate Ways and Means Chair Donna Mercado Kim investigating, among other things, is about, as the agenda said, the
a. Status of the employee embezzlement investigation
b. Explanation of the overpayment, reinstatement, and settlement of the employee that walked off the job
c. Status of the Mitigation of TSA (Transportation Security Administration) fines on Kauai – mitigation
d. Costs to the State, airlines, and travelers from the security breach at Lihue Airport on September 11, 2009
(e) Grove Farm – status of the helipad expansion and status of information requested by the Committee in letter dated July 22, 2010, regarding enhancements to the access points for the Grove Farm land , the value and costs of the enhancements, and whether an enhancement fee was negotiated as part of the contract
You’d think that the paper would have at least watched the hearing on line if not sent someone to the hearing that could negatively effect tourism, the biggest industry on the island. Or maybe they could have just read the stories at the KITV web site which is apparently the only news outlet that covered the hearing.
In the first of two articles- which are much more comprehensive than the video report also available at their web site- they described how, as the headline says
Kauai Airport Supervisor Fired For Theft
She Was Put On Leave With Pay After Admitting To Stealing
The article itself reveals
A supervisor at Lihue Airport who admitted to stealing thousands of dollars in an embezzlement case has been fired after state transportation officials put her on leave with pay for nearly two months while they investigated the case.
The state transportation director admitted Tuesday what employees have complained about for years: that there's a management problem at Lihue Airport.
Sources told KITV 4 News a business services supervisor at Lihue Airport, who oversees four other people, admitted to stealing about $13,000 from the state over several months. Some of it was money that airline employees, vendors and others pay for annual airport security badges.
The state placed her on leave with pay after she admitted to airport officials in writing to the theft in early July, according to Sidney Hayakawa, an administrative services officer with the state department of transportation.
The woman, who has not yet been charged with a crime, kept collecting her paycheck for nearly two months until she was fired Thursday, he said.
Though KITV- and apparently those at the hearing- did not name the employee, by simply cross-referencing mentions of the employee’s position in earlier article with the listing at the DOT web site one of PNN's investigators has deduced the employee’s name is Finance Director Maycia Matsuyoshi.
Kim was apparently incredulous, not only at the embezzlement but at Matsuyoshi’s treatment after being caught.
"Why would she be put on leave with pay?” Kim asked during a hearing Tuesday at the state capitol.
"Because we wanted her to be available to come back, because we needed to re-interview her. And that's what's happening right now, the AGs have to re-interview her and she was available to them," Hayakawa said.
"You still have to go through an investigation and you have to verify that wrongdoing is evident and had occurred," said State Transportation Director Brennon Morioka, noting that even people who’ve admitted wrongdoing deserve due process.
Airport records show the woman was paid anywhere from $35,000 to $54,000 a year. Hayakawa said officials could have put her on unpaid leave while they investigated, but they chose not to.
The report also says KITV “found four small claims judgments against the woman since 1998.”
But that incident isn’t all the committee investigated. It goes on to say:
There are other problems at Lihue airport. It was the only airport in Hawaii to pay security fines to the Transportation Security Administration recently. Lihue paid $75,000 worth of security fines to the TSA for 15 security lapses between March of 2009 and 2010.
"The management at Kauai airport seems to be problematic. And this is just one more, on top of all the issues we've seen on Kauai," Kim said.
In another incident, an airport operations controller frustrated with management at Lihue walked off the job in late 2008 and no one bothered to notify personnel officials to stop his paycheck for weeks, so he was overpaid about $5,000.
Earlier this year, he was allowed to return to work at the airport, keeping the extra $5,000 in overpaid salary and 880 hours of accrued sick leave.
If they could rewind the situation “we would have looked at recouping the money for his salary overpayment,” Morioka said....
“It seems to me they could do a reality show at Kauai Airport,” said State Sen. Sam Slom (R-Hawaii Kai, Diamond Head, Kahala).
Want more?
In another incident, airport manager George Crabbe lost track of two people he was escorting behind security checkpoints on Sept. 11, 2009, resulting in the Lihue airport terminal being evacuated and shut down and passengers re-screened.
That disrupted scheduled flights on Kauai. “In spite of my personal embarrassment of being the cause of the disruption, the alternative of not taking this step to ensure terminal safety would have been worse,” Crabbe wrote in a statement to his superiors at the DOT.
“I take sole responsibility for the events that led to this disruption and I cannot fully express the mortification and regret my momentary lapse of attention caused,” Crabbe said in the statement.
The second article deals with the resignation of former Deputy Transportation Director Brian Sekiguchi who is now involved in an ethics probe for allegedly “accepting free tickets from an airport vendor to attend the Masters golf tournament in Augusta, Ga., in April of 2009 (and) not put(ting) in for vacation leave for one day of that same April vacation.”
But late in the article it refers back to what apparently caused Sekiguchi to resign three weeks ago saying:
Several other incidents and problems raised questions about the management of the airports division, which Sekiguchi oversaw since 2003 before resigning in August.
On July 27, state Procurement Office Administrator Aaron Fujioka found the state Department of Transportation violated procurement law when it hired two airport security consultants through Securitas Security Services USA, an airport security contractor.
The incident was previously reported to involve dealings with former county Finance Director Mike Tressler, now a vice president at Grove Farm which handsomely profited by the overpayment which paid out more than double what the property was really worth.
Tomorrow in part 2 we’ll let you know about an even bigger blockbuster ignored by the local “news”paper- one that could have severe repercussions that bode ill for the future of agriculture on Kaua`i.
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It’s time to send letter to stop Linda Lingle’s lame duck attempt to make horrendous wholesale changes to the conservation district rule which the Department of Land and Natural Resources is proposing. Go to Marti Townsend’s KAHEA website for a handy-dandy way to do so.
Thursday, August 26, 2010
INTO THE WAY BACK MACHINE
INTO THE WAY BACK MACHINE: Not much happens at the legislature between sessions especially things that concern little Kaua`i.
But while the state’s eyes are focused on the senate hearings for the next Hawai`i supreme court chief justice one of our favorite senatorial rabblerousing monkey-wrenchers is holding a hearing of her own with an agenda that will certainly pop some local eyes.
Next Tuesday at 1 p.m. Chair Donna Mercado Kim’s Senate Ways and Means Committee will holding an Informational Briefing (click for testimony just before the hearing) investigating, among other things,
6. Lihue Airport –
a. Status of the employee embezzlement investigation
b. Explanation of the overpayment, reinstatement, and settlement of the employee that walked off the job
c. Status of the Mitigation of TSA (Transportation Security Administration) fines on Kauai – mitigation
d. Costs to the State, airlines, and travelers from the security breach at Lihue Airport on September 11, 2009
7. Grove Farm – status of the helipad expansion and status of information requested by the Committee in letter dated July 22, 2010, regarding enhancements to the access points for the Grove Farm land , the value and costs of the enhancements, and whether an enhancement fee was negotiated as part of the contract
Many on Kaua`i have heard about the Grove Farm (GF) fiasco where former county Director of Finance and now GF vice president Mike Tressler bamboozled the state into paying way more for a parcel of land than it was worth leading to the resignation of the state airports operations chief.
But the previously unreported incidents such as embezzlement and the other cryptic references to TSA misconduct are not any surprise to those who’ve followed the origins and evolution of the security crew at Lihu`e airport since the federalization of airport safety.
It’s no shock that there’s apparently elevated if not rampant corruption to those who remember how the TSA was originally staffed in the days after 9/11.
The administration of Mayor Maryanne Kusaka was coming to an end and there was no dearth of disgraced henchmen and women who had served the queen and worn out their welcome in county government, even with Kusaka’s handpicked successor Bryan Baptiste taking office in December of 2002.
There was even talk of mass indictments with then-new Councilperson Mel Rapozo telling the public that he had spoken to then-Prosecutor Michael Soong who was ready to prosecute Kusaka and her cronies for a plethora of alleged crimes from Kusaka’s personally-directed illegal grubbing and grading above Kuna (Donkey) Beach to her alleged instructions to Department of Public Works officials to ignore any violations of law by land-raping developers like Jimmy Pflueger and Tom McCloskey- both of whom had contributed nicely to Kusaka’s favorite charity.
It was then that Kusaka used her Republican connections to clear the way for members of the exodus to find a path to the new George W. Bush administration-created TSA offices at the airport where scandal-tainted Kusaka cronies found employment despite their misdeeds.
The Lihu`e Airport TSA has drifted in and out of the headlines for cronyism, nepotism and the resultant corruption ever since. We’ll be eager to see what Senator Kim has to say about the latest outrage but we suspect that it just might be a symptom of the Lihu`e TSA’s origins almost a decade ago.
But while the state’s eyes are focused on the senate hearings for the next Hawai`i supreme court chief justice one of our favorite senatorial rabblerousing monkey-wrenchers is holding a hearing of her own with an agenda that will certainly pop some local eyes.
Next Tuesday at 1 p.m. Chair Donna Mercado Kim’s Senate Ways and Means Committee will holding an Informational Briefing (click for testimony just before the hearing) investigating, among other things,
6. Lihue Airport –
a. Status of the employee embezzlement investigation
b. Explanation of the overpayment, reinstatement, and settlement of the employee that walked off the job
c. Status of the Mitigation of TSA (Transportation Security Administration) fines on Kauai – mitigation
d. Costs to the State, airlines, and travelers from the security breach at Lihue Airport on September 11, 2009
7. Grove Farm – status of the helipad expansion and status of information requested by the Committee in letter dated July 22, 2010, regarding enhancements to the access points for the Grove Farm land , the value and costs of the enhancements, and whether an enhancement fee was negotiated as part of the contract
Many on Kaua`i have heard about the Grove Farm (GF) fiasco where former county Director of Finance and now GF vice president Mike Tressler bamboozled the state into paying way more for a parcel of land than it was worth leading to the resignation of the state airports operations chief.
But the previously unreported incidents such as embezzlement and the other cryptic references to TSA misconduct are not any surprise to those who’ve followed the origins and evolution of the security crew at Lihu`e airport since the federalization of airport safety.
It’s no shock that there’s apparently elevated if not rampant corruption to those who remember how the TSA was originally staffed in the days after 9/11.
The administration of Mayor Maryanne Kusaka was coming to an end and there was no dearth of disgraced henchmen and women who had served the queen and worn out their welcome in county government, even with Kusaka’s handpicked successor Bryan Baptiste taking office in December of 2002.
There was even talk of mass indictments with then-new Councilperson Mel Rapozo telling the public that he had spoken to then-Prosecutor Michael Soong who was ready to prosecute Kusaka and her cronies for a plethora of alleged crimes from Kusaka’s personally-directed illegal grubbing and grading above Kuna (Donkey) Beach to her alleged instructions to Department of Public Works officials to ignore any violations of law by land-raping developers like Jimmy Pflueger and Tom McCloskey- both of whom had contributed nicely to Kusaka’s favorite charity.
It was then that Kusaka used her Republican connections to clear the way for members of the exodus to find a path to the new George W. Bush administration-created TSA offices at the airport where scandal-tainted Kusaka cronies found employment despite their misdeeds.
The Lihu`e Airport TSA has drifted in and out of the headlines for cronyism, nepotism and the resultant corruption ever since. We’ll be eager to see what Senator Kim has to say about the latest outrage but we suspect that it just might be a symptom of the Lihu`e TSA’s origins almost a decade ago.
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