THE LABRADOR’S LABYRINTH

THE LABRADOR’S LABYRINTH: We now have a new administration on Kaua`i and though it was probably illegal for once and future Council Chair and current fleeting Mayor Kaipo Asing to delay taking office there is one thing that there’s no disputing if you read the Kaua`i County charter.

Kaua`i was without a Mayor for the 11 days between when Asing was “appointed” mayor and the day he took his oath of office.

While Administrative Assistant Gary Heu legally took office after the death of Mayor Bryan Baptiste, the Charter is clear on one thing- he ceased to be mayor when Asing was selected, no matter when Asing thinks he took office.

Section 7.06 of the Kaua`i County Charter states:

(I)n case of a vacancy in the office of the mayor, until a new mayor is appointed or elected, the administrative assistant shall act as mayor.

As we harped upon a few weeks back Asing and the County Attorney he carries around in his pocket gave some mumbo jumbo about the resignation from the council and swearing-in allowing him to apparently be both Council Chair and Mayor.

The charter makes it quite apparent that the new appointee becomes mayor upon the selection or “appointment” by the council but it does not state this in so many words

So of course when Kaipo “so sue me” Asing and his fellow Minotaur “Judge”- County Attorney Matthew Pyun saw that they could make up some cockamamie excuse to hold onto power long enough to allow Asing to pass legislation as a Council member and then sign it as mayor, they punched a hole in the wall, called it a loophole and dragged the county through it.

Apparently, according to Pyun’s First Deputy Harrison Kawate the Charter doesn’t count because “general practice” calls for something different than that which is described under the actual law.

The only excuse they didn’t use is that the Charter didn’t specifically require him to ask “mother may I’ before he took his baby steps between appointment and ceremonial inauguration before taking the giant one from the council chambers across the street into the dark recesses of the Round Building.

We did however hear a rumor that the decision was based on the lack a “Simon Says” provision in the Charter.

Even assuming this perversion of justice in the name of paternalism- Kaipo’s singular obsession- is legal or even moot now that the deed is done, the Charter is extremely clear that Hue ceased to be Mayor when Asing was appointed not when the appointee took office. It says “the administrative assistant shall act as mayor... until a new mayor is appointed”.

Unless Webster’s and our understanding of the word “until” is inaccurate the concept creates a timeline when something ceases to be true- in this case Hue’s `okole’s placement in the mayor’s seat.

So what? “What” is that any action by Heu during those 11 days is null and void for official purposes. And anyone effected by any official documents he might have signed may now consider them to be invalid.

The traditional secrecy and incompetence of the administration on Kaua`i may prevent us from ever finding out what official actions were taken in the last 11 days of the blink-and-you’ll-miss-it Heu administration but we will be reporting on our request for the information.


We’ll leave you with the apparent anthem of Kaua`i County Government http://www.youtube.com/watch?v=69b2Fcd4m5A



The Minotaur Song
by the Incredible String Band

Straight from the shoulder
I think like a soldier
I know what's right and what's wrong
He knows what's right and what's wrong.

I'm the original discriminating buffalo man
And I'll do what's wrong as long as I can
He'll do what's wrong as long as he can

I live in a labyrinth under the sea
Down in the dark as dark as can be
I like the dark as dark as can be
He likes the dark as dark as can be

I'll even attack you or eat you whole
Down in the dark my bone mills roll
Porridge for my porridge bowl
Porridge for his porridge bowl

I'm strong as the earth from which I'm born
He's strong as the earth from which he's born
I can't dream well because of my horns
He can't dream well because of his horns

Moo

I'm strong as the earth from which I'm born
He's strong as the earth from which he's born
I can't dream well because of my horns
He can't dream well because of his horns

A minotaur gets very sore
His features they are such a bore
His habits are predicta-bull
Aggressively relia-bull, bull, bull

I'm strong as the earth from which I'm born
He's strong as the earth from which he's born
I can't dream well because of my horns
He can't dream well because of his horns

I'm the original discriminating buffalo man
And I'll do what's wrong as long as I can
He'll do what's wrong as long as he can

IN THE HUNT

IN THE HUNT: As we sit back in our rose pink Cadillac and make our bet on this Kentucky Derby Day we noticed that the number of horses is expanding so fast that they may have to use those auxiliary gates to get them all into the race.

As of yesterday, 27 people have “pulled paper” for the council race although only 10 have bellied up to the pre-race mint julep bar.

And, although the mayor’s race is still only a potential three way affair so far, candidate Mel Rapozo has still not filed his papers although he has withdrawn the council papers that he filed last Feb. 22. JoAnn Yukimura also pulled papers for council but has filed for mayor.

That leaves 15 people who have until Tuesday at 4:30 to find a gate and get ready for the announcer to yell “and they’re off.”

Those definitely in the race include a name new to the list but certainly not new to running for office on Kaua`i, John Hoff who made it official on Wed. He joins the following who are going to be on the ballot unless they withdraw.

Asing, William (Kaipo) U
Bartolo, Robert A
Bynum, Tim L
Cariffe, Bob A
Furfaro, Joseph J
Kawakami, Derek S K
Kealoha, Christobel K
Kualii, Kipukai Les
Kouchi, Ronald D
Kualii, Kipukai Les P

So far hacks, apparently ass-sordid good old boys, incumbents and nut cases dominate. But in a promising development a lot of new names and faces have appeared on the list this week and are pondering spending at least their Wednesday’s in county government hell.

Going down the list the first name that stands out is Kekaha’s Bruce Pleas. He has finally decided to avoid the three ring circus of the mayoral race and will try this time again to seek the council spot that’s eluded him in the past. Getting Bruce on the county council would shake up this county something fierce. We’ve known Bruce for years and Bruce knows county government, unlike many of the “elect me even though I don’t know an ordinance from an administrative rule and wouldn’t know the Charter from the County code.” crowd.

The newcomers who are ready to brave the battle to come include Ken Taylor who has spent most of the last few years actually in the council chambers and probably knows more about how the county does and doesn’t work than anyone. Ken would be a tenacious reformer no doubt and his demands for open and transparent government may be something that strikes fear in the secretive and complacent incumbents' black little hearts.

Also new to office seeking but not new to politics is Lani Kawahara who has worked a few campaigns and political battles and from our contact with her would provide a breath of fresh air and make a welcome addition to the Council table

Then there’s Mr. Superferry Boycott, John Cragg, also known as John Tyler to those who relied on his skills in organizing the movement. We don’t know much about his other politics yet but his energy and push for accountability and transparency put him a lot closer to the pole position than many of the wishy-washies.

Another Superferry organizer is Scott Mijares. Mijares is a community radio KKCR programmer who, despite his generally conservative views is pretty thoughtful and independent and from our conversations, seems to be someone who would hold fellow legislators to a high standard of governance.

And there’s our old pal Wala`au TV star Dickie Chang who once again will seek the council seat he came close to about a decade back. If it’s a popularity contest Dickie could be a shoo-in although we’re not too sure what his politics are

There’s also perennial candidate Rhoda Libre who has been active in the Westside watershed organization.

And Officer Joe Kaauwai who came up with the Hanama`ulu traffic fix a few years back will try again.

With any of them you could do worse.

But there are definitely some real dreary wanna-be’s starting off with Republican Party hack and DLNR appointee Ron Agor, although he has also taken out papers to bang his head against the wall by running against wildly popular State Representative Mina Morita.

The rest are assorted good old boys, hacks and unknowns- at least to us- but there may be a diamond in there somewhere- we’ll be working to find out as the election draws nearer. They are:

Carvalho, Manuel
Defries, Arthur K
Kaneakua, Harry K
Leighton, Thomas C
Mcmahon, Nancy A
Thronas, George S

For anyone seeking to find out more about anyone running we list the all the Kaua`i County candidates and their contact info below. You can keep up with the latest filings at http://hawaii.gov/elections/candidates/

(We’re not sure how this list will format but the information after each name correlates to the “field” described in caps above the list)


KAUA`I COUNTY COUNCIL

NAME- MAILING ADDRESS- CITY- ZIP- CONTACT- PHONE- DATE ISSUED-DATE FILED

AGOR, RONALD 3728 Nawiliwili Rd. Lihue 96766 (808) 651-5764 7/17/2008
ASING, WILLIAM U 4113 Palau Mahu St. Lihue 96766 (808) 245-4555 6/30/2008 7/1/2008
BARTOLO, ROBERT A 5060 Nonou Rd. Kapaa 96746 (808) 639-8080 7/11/2008 7/17/2008
BYNUM, TIM L 5935 Kololia Pl. Kapaa 96746 (808) 822-1652 2/1/2008 5/30/2008
CARIFFE, BOB A 4279 Kailewa St. Lihue 96766 (808) 635-3398 2/6/2008 4/8/2008
CARVALHO, MANUEL L 6393A Ahele Dr. Kapaa 96746 (808) 823-9103 7/15/2008
CHANG, DICK S P.O. Box 3944 Lihue 96766 (808) 635-8800 7/14/2008
CRAGG, JOHN T P.O. Box 76 Anahol 96703 (808) 635-7062 7/17/2008
DEFRIES, ARTHUR K P.O. Box 42 Anahola 96703 (808) 822-5868 6/23/2008 FURFARO, JOSEPH J P.O. Box 223224 Princeville 96720 (808) 652-1550 6/25/2008 6/26/2008
HOFF, JOHN R P.O. Box 547 Lawai 96765 (332) 974-9745 6/3/2008 7/16/2008
KAAUWAI, JOSEPH H P.O. Box 623 Anahola 96703 (808) 652-0732 4/29/2008
KANEAKUA, HARRY K P.O. Box 3066 Lihue 96766 (808) 647-0172 7/7/2008 KAWAHARA, LANI T P.O. Box 1565 Kapaa 96746 (808) 652-6741 7/11/2008 KAWAKAMI, DEREK S K 5077 Kawaihau Rd. Kapaa 96746 (808) 822-7489 2/1/2008 5/2/2008
KEALOHA, CHRISTOBEL K P.O. Box 3942 Lihue 96766 (808) 245-9944 4/3/2008 4/21/2008
KOUCHI, RONALD D 3391 Eono St. Lihue 96766 (808) 639-2724 6/26/2008 7/15/2008
KUALII, KIPUKAI LES P 4210 Rice St., #A2 Lihue 96766 (808) 212-9192 2/1/2008 2/8/2008
LEIGHTON, THOMAS C 6664 Kuamoo Rd. Kapaa 96746 (808) 639-6552 3/10/2008
LIBRE, RHODA L P.O. Box 246 Kaumakani 96747 (808) 645-1210 7/14/2008 MCMAHON, NANCY A 5532 Tapa St. Koloa 96756 (808) 639-6695 7/17/2008
MIJARES, SCOTT F P.O. Box 1222 Kilauea 96754 (808) 652-7113 7/17/2008
PLEAS, BRUCE J P.O. Box 721 Waimea 96752 (808) 639-2850 7/14/2008
TAYLOR, KENNETH R 1720A Makaleha (NS) Pl. Kapaa 96746 (808) 823-8527 7/15/2008
THRONAS, GEORGE S P.O. Box 246 Kapaa 96746 (808) 651-6419 7/14/2008

KAUAI SPECIAL MAYORAL VACANCY

CARVALHO, BERNARD P 4650 Mailihuna Rd. Kapaa 96746 (808) 635-7489 7/8/2008 7/8/2008
RAPOZO, MELVIN F 3236 Inouye St. Lihue 96766 (808) 245-3539 7/7/2008
YUKIMURA, JOANN A 2749 Kapena St. Lihue 96766 (808) 245-2617 7/11/2008 7/14/2008

PROSECUTING ATTORNEY

ISERI-CARVALHO, SHAYLENE C 6539 Kawaihau Rd. Kapaa 96746 (808) 651-8134 2/5/2008 5/16/2008

KEEPING THE NOSE TO THE GROUND

KEEPING THE NOSE TO THE GROUND: The actions of the County Clerk of Honolulu regarding the potential rejection of the anti-rail petition initiative is undergoing scrutiny that apparently only reporting bloggers can give it.

Today Doug White at Poinography did what the corporate reporters seem incapable of doing- reading the Honolulu Charter rather than just asking the two know-nothings from two “sides” what they think the law actually says while Doug actually looked it up.

Citing the Honolulu Charter, Doug quite rightly sees that it is the discretion of the Clerk that will determine whether the measure can go on the ballot in November, based on complicated wording regarding “special elections” vs. “general elections” in the charter and in the petition itself.

Ian Lind cites Doug’s work and notes that the petition itself refers to the “special election” only in the introduction, not in the text of the initiative itself.

We won’t rehash all the intricacies that they cover very well but both seem to accept the fact that the balloting must be done either through a “special” electron OR a general election.

The fact appears to be that there is nothing in either state law or apparently in the Honolulu Charter that prohibits a “special election” from being held in conjunction with- and at the same time as- a “general election”.

As a matter of fact that is exactly what the County Clerk has done on Kaua`i by proclaiming that Kaua`i will hold a “special election” for the open mayoral position following the death of Mayor Bryan Baptiste and will hold one “in conjunction with” the general election this November 4.

No one seems sure whether or not the Honolulu County Clerk will use his discretion to put the matter on the ballot on November 4.

But if it’s a matter of not doing it because somehow the interpretation of the petition itself is that it can only be done in a “special election” nothing apparently bans having both kinds of elections on the same day.

And of course if people are going to argue against voting on the petition based on the cost of holding an election just for the ballot issue after the November general election it would stand to reason that the Clerk can make that issue moot by holding both the same day.

SNIFFIN’ IT OUT

SNIFFIN’ IT OUT: Our childhood hero liked to say, “we all know how painful that can be.”.

And so we were polled by SMS Research Wednesday night regarding politics on Kaua`i.

Boy did they get the wrong number.

There were four candidates on their list for mayor, including the three announced candidates and Ron Kouchi, who interestingly has not only not stated whether or not he is or is not running but has not, like Jay Furfaro, said he will not announce or has not decided what his decision will be.

We asked about Bruce Pleas and the woman said “who”?

So Bruce wasn’t conducting the polls. Though they would not identify who they were polling for we did ask if it was a commercial marketing or political poll and were strangely enough told marketing.

But it wasn’t about denture-paste or armpit-sweat.

Another question was if we were a Democrat, Republican or independent. When we said “Green” we were answered with “huh?”

“Green- like the Green Party, ya know?”

“Oh, independent.”

“No, Green. If you don’t put down Green I’m gonna put down the phone.”

“OK- Green.”

They obviously didn’t- or more likely couldn’t- pay her enough to deal with us.

The obligatory age, race and length of residency questions were also asked although interestingly enough there was no income question.

Anyway they did ask about the biggest “issues” but didn’t give multiple choices and rather asked us to fill in the blanks. We were up to issue # 8 before she told us that was enough.

That open-ended issue-identifying type question sounds, from our experience, more like an internal campaign type polling call but they said they were SMS and although the call was from an “unknown number” a callback did elicit an answer identifying “SMS”.

They also asked about the 2nd Congressional District posing Maize Hirono against perennial Republican candidate Roger Evans. Now it was our chance to ask “who?”

We thought then it might have been a Republican Party sponsored poll.

But to figure out who would be polling we really have to ask who can afford one. The first-asked Hirono question could have been a ruse to disguise the nature of the poll, something marketing companies routinely do to “throw off” the call recipient.... that’s why they get the big bucks.

We have to look to the war chests. JoAnn’s got one and Ron’s got one... and that’s it. Though this year’s filings aren’t in yet both could have around $20,000 based on 2007 numbers and past performance.

Mel’s appears to be barely solvent but he’s gonna get his especially if he keeps $1000 contributions from Washington D.C. lobbying PACa like the American Resort Development Association, unlike Kouchi and Shaylene Iseri-Carvalho who returned the money... although if he keeps getting fined for filing late like he did in 2007 he’ll be $50 poorer each time.

And Bernard’s gonna get more. But for a campaign that hasn’t raised a nickel to poll now doesn’t make sense. There're yard signs and brochures to print and cash-only media buys to lock-in.

But Joann’s been collecting a tidy bundle readying for 2010 since she re-entered politics in 2002. Could she be getting cold feet? Could she see the Council leadership changing and want to grab that as a stage for a 2010 run?

Whoever’s poll it is would have had to have ordered and paid for it before Monday’s Council Chamber performance.

It would make sense that that could be why JoAnn pressured Kaipo he way she did. If he had said he would run in the special election she could have ended the meeting by saying that in deference she wouldn’t challenge him, coming out rose-smelling and in line for the chair- especially if Mel and Shaylene were going bye-bye too- and a free-TV-promoted run in 2010.

The combination of the short mayoral term and the short fuse on the present economic downturn could doom the winner in a quick turnaround election especially if the winner has run on a platform of keeping the same incompetent appointed department heads- as all seem so far to be saying they’d do.

For anyone looking to 2010, the issue of “county government incompetence” is bound to be as central an issue as it is now for many Kauaians. It could look like pretty good pickin’s for anyone looking for to a wedge issue once the blinders come off and the current post-mortem gleam of the Baptiste administration fades.

Carvalho could just be unbeatable in this atmosphere and a loss for the ambitious could pin the loser tail on any donkey who fails in ’08.

Yukimura can only run and win as the anti-Baptiste candidate. If she is skilled enough it’s possible she can do it without driving away those who worshipped Bryan but who aren’t tied to anyone who has had a full time mayoral-appointed job for the 14 years since JoAnn left the mayor’s office.

Is she polling? Nah- it was Ron. He doesn’t just have a campaign war chest, he’s got a storage locker. He just wants to see if there’s any chance at all or whether to sit tight, collect more money and let the others beat each other up and wait a short two years..

-------------------

Honolulu Advertiser Capitol reporter Derrick DePledge is blogging again joining City Hall correspondent Peter Boylan at “The Notebook”. It’s a great place for the political junkie looking for background.

GET A MUZZLE

GET A MUZZLE: After hearing and reading about and getting rather rabid over Councilwoman JoAnn Yukimura’s politically suicidal meltdown during Monday’s special Council meeting to select a new Mayor we heard from someone who said maybe we- and the press- had it all wrong and unfairly portrayed the drama.

But after watching the meeting on TV it was perhaps more astonishing than reported because Yukimura had an opportunity for an “out” but persevered to clarify her self-serving insistence that Asing “declare (his) intentions” and pledge not to challenge her in the upcoming election.

After watching Yukimura’s first statement to open the post-public testimony part of the meeting we were thinking that maybe our friend was right.

She started out by reading an announcement of her own candidacy for the mayoral special election and actually stated that she herself would not be in the running for the temporary slot saying “it would be inappropriate” and would give her an advantage.

So far no problem. But then she went on to raise some eyebrows by saying “It’s about fairness in not giving any candidate in the special election an advantage.”.

Well still it could be interpreted as referring to her decision although it was getting close to the line of trying to set that standard for all.

Then she ended with a seemingly separate statement saying “I do want to encourage you Mr. Chair to consider the appointment.”.

Well if one wanted to be chartable you could look at it as two statements, one of which could be seen as a proclamation of her intent to run in the election and the other saying that rather than try to take an unfair advantage of incumbency she would support Council Chair Kaipo Asing for the five month temporary stint- leaving intimated but not stated that maybe he should consider not running in the election after taking the empty mayor’s job.

Then there was some discussion among councilmembers about whether others should choose one or the other-selection or election- but not both. Tim Bynum supported JoAnn’s thoughts but Mel Rapozo, Ron Kouchi and Shaylene Iseri-Carvalho said they disagreed with JoAnn saying essentially that everyone should be free to do either, both or neither depending on their aspirations. They all supported Asing’s selection in the upcoming vote.

At that point it was an issue on the table but far from being contentious it was a civil discussion on a real and politically core question of whether it would be “fair” to be temporary mayor and at the same time run in the election for the two year term.

We were beginning to wonder- did the press play this up too much- where was all the vexing and venom? Did the papers try to play it as a battle royal and somehow force Yukimura to apologize for something that could be seen as having been taken out of context- something she never meant?

But never underestimate Yukimura’s most persistently cited character trait- her inability to put the kibosh on the piehole and shut her yap.

So then came the words that perhaps doomed her campaign even before they stopped echoing in the Council chambers.

Looking directly at Asing and saying she would support him for the fill-in slot, in adamant and no uncertain terms she said “I will be voting with the understanding that you will not be running in the special election. We need to know what your intentions are.”

That was the opening Mel “the humble servant” Rapozo needed and he won the political play of the day award by “defending” Asing from Yukimura’s attack calling it “unfair” and “pretty selfish” and saying to Asing “I would encourage you not to answer the question”, convincingly espousing “shock, shock” that at a table of seven politicians choosing which one would move on to higher office that someone would stoop to playing politics.

We’re flabbergasted too....that someone like Mel could pull it off without himself and everyone else doubled over in laughter.

From there Yukimura once again compounded the blunder and again tried to defend herself by saying she had asked his intent “only out of a guideline of fairness I thought was appropriate”. begging the question that crystallized the situation- “fair to who? You?”.

Then Asing, speaking on the subject for the first time, either feeling or feigning a deep personal wound, gave a humble “et tu Brute” inspired speech saying things like “it’s almost like my integrity is at stake” and that it was “not fair to ask me to answer a question like that”.

He then went on to say he had already decided to run “one more time” for council before Bryan Baptiste’s death and saying to Yukimura in essence what we said yesterday- if she had waited to hear what he had to say or bothered to ask the clerk she’d know he had already filed his papers to run for Council again- and filed them after the Mayor’s death.

That brought a slew of comments including some tactful yet scathing attacks from Rapozo and tactless yet more personal and effective wounds from surrogate Iseri who really lit into her long time nemesis.

There was a reason Yukimura was described in the press as “viably upset” by the developments.

She “apologized” replete with emotionally-tinged long pauses every few words trying to find the words to apologize while even still combatively protesting that she “was trying to (long pause) show that (long pause) we need to follow (long pause) certain guidelines”, going on to say it was not her “intention to question (Asing’s) integrity” and that “it was not my intention to stop you from running for any office”

Some apology. I’m sorry, I didn’t intend to have this blow up in my face like an exploding cigar.

A couple of other notes. According to Iseri, Rapozo has also filed papers to run for council although presumably that was done before Baptiste’s death. Can you change your filing and run for mayor instead? We’ll be trying to find out.

And on the subject of the dual offices for Asing we described yesterday, one member of the public did bring up the plain meaning and words of the Charter indicating that, the person “selected” by the council becomes mayor at the moment the vote concludes and that the vote caused a vacancy on the Council as well as the mayoral slot.

However that was ignored, as are most things that question either the propriety or authority of Asing and “his” Council. Asing refused to recall the County Attorney to discuss the actual law, not just what “general practice” called for as the CA had previously based his analysis.

That’s galling to many especially given that this process was anything but routine and it’s described quite clearly in the Charter- which one would think trumps “general practice”

Why should we be surprised these day when administrators consider constitutions- whether federal, state or local- to be of use only in a “we ran out of toilet paper” emergency. Now that Kaipo is a true administration head his years of ignoring our county’s constitutional “Charter” as the “administrator” of the council have prepared him well for his new assignment- should he chose to accept it. This county will self destruct in 10 seconds