SOME WIMPER, SOME BARK, SOME BITE: The derivation of the word wuss is really unclear. And the term piss poor is offensive and not strong enough.
But whatever you call the effort of Carol Ann Davis to save the beloved Monkey Pod Trees, her condemnation of the next-least piss-poor effort , Linda Harmon’s business boycott, was worse.
You can never underestimate the effectiveness of protest leaders who not only say they won’t approve of even rude signs much less non-violent civil disobedience.. and not just discourage but ban others from doing so.
It’s bad enough when you urge people not to express themselves at “your” demonstration but Harmon’s Foodland boycott- a heroic project in context- is to be condemned according to Davis and, if the local paper is accurate, Koloa Neighborhood Association President Louis Abrams too
And we’re talking about trees here- the very milieu modern civil disobedience was made for... it all started with tree-sitting.
Where’s Butterfly when we need her... probably with her grandkids.
Davis’ KNA writings made it crystal clear over and over – never be heard a discouraging word and certainly organized non-violent civil disobedience- peacefully putting you butt on the line for what you believe in even if it means going to jail overnight- will not be tolerated. .
And so since tree-sitting was out some nuts figured they’d get one punch in and smashed up some tree-cutting equipment. Not exactly a picture-perfect hero for those who care about the trees but it will have to do under the circumstances. Wait and see how the strip mall is greeted when they’re done what with all the community good will they’ve cultivated.
And now they tryin’ to stop poor Linda from even boycotting the businesses... oooo that’s no good... just wait until the shops are up and running. Who’s gonna shop here or for that matter work there.
We hear place may be as haunted anyway and just because the Knudsen’s are “pulling a Superferry” doesn’t mean Kauai has to make the mistake Maui made when they banned “acting up” and wound up with the old barge and rudder.
Community organizer and KKCR radio host Katy Rose is blunt in her assessment. “It was clear from the outset that the only thing that was going to stop the bulldozers and the chainsaws was a tree-sit, yet those closest to the trees didn't have the courage to follow through” says Rose. “Instead, they decided to practice the politics of the comfort zone and engage in paper-shuffling and candlelight vigils, apparently believing that non-violence necessarily equals passivity and ineffectiveness, rather than risk-taking, deep commitment, a diversity of tactics, and real coalition-building around issues that regular people can identify with. “The trees were more than scenery and shade: they were a symbol of what is lost to inappropriate development, and the reluctance to make that link clear seemed motivated by the moneyed vested interests which compromised some of the would-be tree-savers. Until the concerns of regular working people are central to organizing efforts, these struggles to save the environment will be mired in elitism and will lack the militancy needed to be effective.”
Ahhhh – there is an appropriate word... cream-puff.
----------------
Update: We found a Jerry Burris Blog from last week regarding the Democratic Caucuses and a few comments excusing the irregularities from someone calling themselves “Kolea” who knows too much not to be an insider... we left this comment after his:
What a steaming pile of apologist crap from “Kolea” who doesn’t even have the guts to sign his or her name while trying to excuse the worst theft of votes since 2000 in Florida.
It’s no wonder Gore lost if this is the attitude the Democrats have toward “counting every vote”. Instead of blaming Nader perhaps the Dems should have taken the eight intervening years to clean up their act and learn from Florida to “count every vote”, in which case- the definitive studies show- Gore would have won Florida.
Kolea- who has too much information to NOT be Democratic Party operative- should be ashamed of not only the lack of identification but for excusing the lack of democratic elections by the Democratic Party.
Proudly signed,
Andy Parx
Tuesday, March 11, 2008
Monday, March 10, 2008
CHASING OUR TAILS
CHASING OUR TAILS: Doug at Poinography! writes today on Richard Borroca’s Sunday column and mentions this week’s mid-legislative-session confab of the Council on Revenues which has to be the most ill-conceived if not practical absurdity in governance.
Not only do you usually find three opinions when you ask two economists but individually their guesses tend to be less accurate than horseshoes or hand-grenades. They give new meaning to what they say about lies, damnable lies and statistics.
That may explain why they are never right- or even close- when they predict what the eventual State income numbers are going to be. If they do come close you can chalk it up to the concept that even a broken clock is right twice a day. No one really knows what they base their numbers on- if they get caught in traffic on the way to the meeting, kids go without health care next year.
We’d probably have more confidence if we saw them bring a Ouija Board into the meeting room.
And then in implementing the originally silly concept of not spending more than you will have in the distant future- a near impossibility for a week or a month made more absurd with the two-year budgeting process of the legislature- they wait until halfway through the session to meet and change the numbers all over again. All the legislative work of putting together a budget based on the last bogus prediction is then thrown in the trash and everyone scrambles to readjust the numbers to the soothsayers latest prognostications.
Doug says it’s wonderful that the budget work-sheets are on-line these days instead of hidden from even other legislators, as was the practice years ago. But what use is today’s budget to anyone but paper-recyclers?
Beware the Ides of March indeed.
Not only do you usually find three opinions when you ask two economists but individually their guesses tend to be less accurate than horseshoes or hand-grenades. They give new meaning to what they say about lies, damnable lies and statistics.
That may explain why they are never right- or even close- when they predict what the eventual State income numbers are going to be. If they do come close you can chalk it up to the concept that even a broken clock is right twice a day. No one really knows what they base their numbers on- if they get caught in traffic on the way to the meeting, kids go without health care next year.
We’d probably have more confidence if we saw them bring a Ouija Board into the meeting room.
And then in implementing the originally silly concept of not spending more than you will have in the distant future- a near impossibility for a week or a month made more absurd with the two-year budgeting process of the legislature- they wait until halfway through the session to meet and change the numbers all over again. All the legislative work of putting together a budget based on the last bogus prediction is then thrown in the trash and everyone scrambles to readjust the numbers to the soothsayers latest prognostications.
Doug says it’s wonderful that the budget work-sheets are on-line these days instead of hidden from even other legislators, as was the practice years ago. But what use is today’s budget to anyone but paper-recyclers?
Beware the Ides of March indeed.
HOT DOG:
HOT DOG: It looks like our take on home solar energy generation is getting a little support from the Big Island.
In a an op-ed piece in the Sunday Advertiser Marco Mangelsdorf, president of ProVision Technologies Inc. of Hilo, shows that the numbers make sense and the time is now for solar homes even more so if the credits currently extended to businesses were available to individual home owners and the electric companies change the way they view their jobs- something Kaua`i is uniquely positioned to do if we can rid ourselves of the corporate “we sell electricity” mindset or our co-op’s honchos.
Are Mangelsdorf and his company part of a new trend? The question is pertinent because when you ask politicians why the support for solar roofs is practically nil they whisper “ask the industry”... which are doing fine thank you with little competition and high prices. When the reported 65 percent federal and state tax credit for businesses goes to home-owners too the price of a system could be paid off in as little as five or six years’ worth of electric bills, even at the low low current electric bill of $200 a month.
In a an op-ed piece in the Sunday Advertiser Marco Mangelsdorf, president of ProVision Technologies Inc. of Hilo, shows that the numbers make sense and the time is now for solar homes even more so if the credits currently extended to businesses were available to individual home owners and the electric companies change the way they view their jobs- something Kaua`i is uniquely positioned to do if we can rid ourselves of the corporate “we sell electricity” mindset or our co-op’s honchos.
Are Mangelsdorf and his company part of a new trend? The question is pertinent because when you ask politicians why the support for solar roofs is practically nil they whisper “ask the industry”... which are doing fine thank you with little competition and high prices. When the reported 65 percent federal and state tax credit for businesses goes to home-owners too the price of a system could be paid off in as little as five or six years’ worth of electric bills, even at the low low current electric bill of $200 a month.
Sunday, March 9, 2008
PINK PALLETTE POLS
PINK PALLETTE POLS: Hawai`i MSM news providers and some of my favorite bloggers are all atwitter with the shocking-shocking news that the ordered investigation and audit that was going to make all the Legislature’s SuperFerry SuperSession’s (Act 2) machinations during Act I, all-hunky-dory.
Apparently it isn’t going as planned because no one in the Administration will talk or give up their documents to the investigators.
And juxtaposed with that are a plethora of whiney columns and commentaries bemoaning and condemning the fact that the legislators don’t trust Lingle to not appoint Barry Fukunaga to replace the Supreme Court Chief Justice when he’s forced to retire- growing halos while saying they can’t understand why the Dems feign an age discrimination issue.
Gee, why would they not trust Lingle to do anything but play crony politics... let’s see....
Nah- while it’s easy to see why the Repubs use the tired old tactic of attacking the tired-old-boys-Dems, seemingly the only difference between the two is that the Repubs don’t to have enough old boys to make it anything but routine with the Marx Brothers playing musical chairs, the music never stops. and-there’s too many seats. They’re vainly trying to find anyone who would be loyal to the rest of them... until one gets caught procuring Filipinas for government contractors/campaign contributors... causing even more empty chairs....
Apparently too many of the GOP have deserted the sinking ship for a leaky overcrowded rowboat of elephants stepping on each others to get to the front..
But why do they bother?- the latest trend in old boy networks is apparently bipartisan. Just like the Democrats in the U.S. Congress now complain they were duped by the obvious prevarications that tricked them into authorizing the war, the predominant party in the Hawai`i Legislature seems genuinely surprised that Lingle is not cooperating with (shudder) Marion Higa after they exempted her and the Superferry from every law but, apparently gravity.
The question is do we elect these Democrats because they are self-proclaimed idiots or in spite of it? Do we do it just for the bizarre show they put on in saying they didn’t know that they were being lied to?
So who are the corporate-controlled dolts? Is it the elected officials who claim they were fooled because they took another politician at their word? Or is it those of us who knew they were all a bunch of self-serving bullshit artists who only ACT 2dumb2live, but vote for them time after time after time?
I wanna talk to any of the legislators who voted for Act 2 and is surprised- a lot of people have a lot of questions for you... maybe that’ll be Act 3.
Apparently it isn’t going as planned because no one in the Administration will talk or give up their documents to the investigators.
And juxtaposed with that are a plethora of whiney columns and commentaries bemoaning and condemning the fact that the legislators don’t trust Lingle to not appoint Barry Fukunaga to replace the Supreme Court Chief Justice when he’s forced to retire- growing halos while saying they can’t understand why the Dems feign an age discrimination issue.
Gee, why would they not trust Lingle to do anything but play crony politics... let’s see....
Nah- while it’s easy to see why the Repubs use the tired old tactic of attacking the tired-old-boys-Dems, seemingly the only difference between the two is that the Repubs don’t to have enough old boys to make it anything but routine with the Marx Brothers playing musical chairs, the music never stops. and-there’s too many seats. They’re vainly trying to find anyone who would be loyal to the rest of them... until one gets caught procuring Filipinas for government contractors/campaign contributors... causing even more empty chairs....
Apparently too many of the GOP have deserted the sinking ship for a leaky overcrowded rowboat of elephants stepping on each others to get to the front..
But why do they bother?- the latest trend in old boy networks is apparently bipartisan. Just like the Democrats in the U.S. Congress now complain they were duped by the obvious prevarications that tricked them into authorizing the war, the predominant party in the Hawai`i Legislature seems genuinely surprised that Lingle is not cooperating with (shudder) Marion Higa after they exempted her and the Superferry from every law but, apparently gravity.
The question is do we elect these Democrats because they are self-proclaimed idiots or in spite of it? Do we do it just for the bizarre show they put on in saying they didn’t know that they were being lied to?
So who are the corporate-controlled dolts? Is it the elected officials who claim they were fooled because they took another politician at their word? Or is it those of us who knew they were all a bunch of self-serving bullshit artists who only ACT 2dumb2live, but vote for them time after time after time?
I wanna talk to any of the legislators who voted for Act 2 and is surprised- a lot of people have a lot of questions for you... maybe that’ll be Act 3.
Saturday, March 8, 2008
DON’T FEED ME A CARROT AND TELL ME IT’S A BONE:
DON’T FEED ME A CARROT AND TELL ME IT’S A BONE: Walter Lewis’ column in today’s local paper again delineates some of the illegal conspiracy to violate HRS 92 the State Sunshine Law by the last two county Attorneys and the County Council, this time naming names but again missing the point.
When conducting County business secrecy is not necessarily illegal although many of us wish it was. What is illegal is conducting public policy under the guise of legitimate needs for conducting secret litigation-related sessions with their attorneys.
The real focal point of the illegal activity that has gained popularity through the paternalism of Council Chair Kaipo Asing and his ally former Mayor, now Councilwoman, lawyer JoAnn Yukimura is the notion that just because there are legalities involved public policy can be conducted behind closed doors in secret “executive sessions”.
By definition, passing or even considering a bill for a law involved “legal issues”
The “Declaration of policy and intent” in the preamble to the sunshine law, HRS 91-1 is explicit in saying:
“In a democracy, the people are vested with the ultimate decision-making power. Governmental agencies exist to aid the people in the formation and conduct of public policy. Opening up the governmental processes to public scrutiny and participation is the only viable and reasonable method of protecting the public's interest. Therefore, the legislature declares that it is the policy of this State that the formation and conduct of public policy - the discussions, deliberations, decisions, and action of governmental agencies - shall be conducted as openly as possible. To implement this policy the legislature declares that:
(1) It is the intent of this part to protect the people's right to know;
(2) The provisions requiring open meetings shall be liberally construed; and
(3) The provisions providing for exceptions to the open meeting requirements shall be strictly construed against closed meetings. [L 1975, c 166, pt of § 1]” (emphasis added)
This law has not only been violated but, despite the public outcry over hiding public policy under the guises of the allowable exception to the open meeting provisions of wanting to “consult with the board's attorney on questions and issues pertaining to the board's powers, duties, privileges, immunities, and liabilities” [HRS 92-5(a)8] the Council has effectively been able to repeatedly conduct public policy behind closed doors on bill after bill after bill for more than five years
Lewis, an attorney, has pointed out part of the problem. It is not a matter of secrecy as much as it is manipulation of a perceived attorney-client relationship between the County Attorney (CA) and the Council that now uses that privilege to hide every CA opinion on public policy from the public, enabling the Council to pass bills based on alleged legal opinions that they refuse to allow the public to see.
Former CA Mike Belles said a couple of years ago that it never even occurred to him to keep public policy opinions secret- and no CA previous to the Baptiste administration ever thought to do so either.
Nakazawa along with first Asing and now Yukimura- an avowed fan of the Sunshine Law despite her penchant for secrecy in practice- have effectively turned HRS 92 on it’s head yielding an absurd reading of it that ignores the declaration of policy and intent of the law.
But then the law always has little effect on reality on Kaua`i, a separate kingdom indeed
When conducting County business secrecy is not necessarily illegal although many of us wish it was. What is illegal is conducting public policy under the guise of legitimate needs for conducting secret litigation-related sessions with their attorneys.
The real focal point of the illegal activity that has gained popularity through the paternalism of Council Chair Kaipo Asing and his ally former Mayor, now Councilwoman, lawyer JoAnn Yukimura is the notion that just because there are legalities involved public policy can be conducted behind closed doors in secret “executive sessions”.
By definition, passing or even considering a bill for a law involved “legal issues”
The “Declaration of policy and intent” in the preamble to the sunshine law, HRS 91-1 is explicit in saying:
“In a democracy, the people are vested with the ultimate decision-making power. Governmental agencies exist to aid the people in the formation and conduct of public policy. Opening up the governmental processes to public scrutiny and participation is the only viable and reasonable method of protecting the public's interest. Therefore, the legislature declares that it is the policy of this State that the formation and conduct of public policy - the discussions, deliberations, decisions, and action of governmental agencies - shall be conducted as openly as possible. To implement this policy the legislature declares that:
(1) It is the intent of this part to protect the people's right to know;
(2) The provisions requiring open meetings shall be liberally construed; and
(3) The provisions providing for exceptions to the open meeting requirements shall be strictly construed against closed meetings. [L 1975, c 166, pt of § 1]” (emphasis added)
This law has not only been violated but, despite the public outcry over hiding public policy under the guises of the allowable exception to the open meeting provisions of wanting to “consult with the board's attorney on questions and issues pertaining to the board's powers, duties, privileges, immunities, and liabilities” [HRS 92-5(a)8] the Council has effectively been able to repeatedly conduct public policy behind closed doors on bill after bill after bill for more than five years
Lewis, an attorney, has pointed out part of the problem. It is not a matter of secrecy as much as it is manipulation of a perceived attorney-client relationship between the County Attorney (CA) and the Council that now uses that privilege to hide every CA opinion on public policy from the public, enabling the Council to pass bills based on alleged legal opinions that they refuse to allow the public to see.
Former CA Mike Belles said a couple of years ago that it never even occurred to him to keep public policy opinions secret- and no CA previous to the Baptiste administration ever thought to do so either.
Nakazawa along with first Asing and now Yukimura- an avowed fan of the Sunshine Law despite her penchant for secrecy in practice- have effectively turned HRS 92 on it’s head yielding an absurd reading of it that ignores the declaration of policy and intent of the law.
But then the law always has little effect on reality on Kaua`i, a separate kingdom indeed
Friday, March 7, 2008
DOGGIE DILLEMMA
DOGGIE DILLEMMA: The oxymoronic world of “Kaua`i ethics” took another only-on-Kaua`i turn today when in an otherwise unrelated article in the local paper it was revealed that, rather than abide by the law he broke Charter Commission head, attorney Jonathan Chun, plans to ask voters to change the law for him and others who abuse their positions with the county for personal gain, as we reported just yesterday.
As we reported last month Chun has apparently violated Charter provisions banning his appointment to the Charter Commission- where he was appointed Chair- because he represented the Board of Realtors before the County Council during the recent deliberations of the Vacation Rental legalization bill.
Now he apparently intends to use his ill-gotten position to try to get an “after-the-fact” approval of his currently illegal activities after the ethically-impaired members of the Board of Ethics refused to rule against him because apparently quite a few of them were in violation of the ethics provisions themselves
The Commission also reportedly plans to change another Charter provision banning secret executive sessions other than for “claims” another flouted law which the Council- who appointed Chun- and the rest of the Ethics board routinely break.
According to today’s article regarding hiring a lawyer to help prepare amendments to the charter for the November ballot, “(t)he commission is considering charter amendments that include revising an ethics provision and altering a section dealing with executive session rules”.
Voters approved a semi-permanent Charter Commission last election partially in hopes of trying to re-write the Charter and investigate whether a new form of county government might be beneficial to Kaua`i and if so what it might look like, due to a call for a “county manager” style of governance by many community activists.
But the current Commission has essentially closed the door on the public after getting a very late start on it’s work.
While the last Commission held a year-and-a-half of frequent and televised meetings with extensive public input, the work of this commission so far has been comprised by infrequent meetings done in the dark with no televised meetings and an on-again-off-again schedule of meetings that just began recently.
Update: KIUC spokesperson Anne Barnes has disappeared after giving assurances that KIUC had nothing to hide and would give us a breakdown of stipends, per diems and reimbursed expendatures received by each current electric Co-op board member. After saying last week we would receive 2007 numbers this week an email from her said they wound not be made available until they were filed with the IRS and audited later this year. But an immediate Monday request for 2006 numbers has not even been even acknowledged despite multiple emails and phone messages..
OUT DAMN SPOT: And for all you” don’t you ever have anything nice to say” people- Go see The Complete Works of William Shakespeare (Abridged) at the KAPA Theater in Puhi for the play and the talent.. It’s even better if you’ve read the unabridged but not required.... and Cymberline only lasted a quarter of a second...
As we reported last month Chun has apparently violated Charter provisions banning his appointment to the Charter Commission- where he was appointed Chair- because he represented the Board of Realtors before the County Council during the recent deliberations of the Vacation Rental legalization bill.
Now he apparently intends to use his ill-gotten position to try to get an “after-the-fact” approval of his currently illegal activities after the ethically-impaired members of the Board of Ethics refused to rule against him because apparently quite a few of them were in violation of the ethics provisions themselves
The Commission also reportedly plans to change another Charter provision banning secret executive sessions other than for “claims” another flouted law which the Council- who appointed Chun- and the rest of the Ethics board routinely break.
According to today’s article regarding hiring a lawyer to help prepare amendments to the charter for the November ballot, “(t)he commission is considering charter amendments that include revising an ethics provision and altering a section dealing with executive session rules”.
Voters approved a semi-permanent Charter Commission last election partially in hopes of trying to re-write the Charter and investigate whether a new form of county government might be beneficial to Kaua`i and if so what it might look like, due to a call for a “county manager” style of governance by many community activists.
But the current Commission has essentially closed the door on the public after getting a very late start on it’s work.
While the last Commission held a year-and-a-half of frequent and televised meetings with extensive public input, the work of this commission so far has been comprised by infrequent meetings done in the dark with no televised meetings and an on-again-off-again schedule of meetings that just began recently.
Update: KIUC spokesperson Anne Barnes has disappeared after giving assurances that KIUC had nothing to hide and would give us a breakdown of stipends, per diems and reimbursed expendatures received by each current electric Co-op board member. After saying last week we would receive 2007 numbers this week an email from her said they wound not be made available until they were filed with the IRS and audited later this year. But an immediate Monday request for 2006 numbers has not even been even acknowledged despite multiple emails and phone messages..
OUT DAMN SPOT: And for all you” don’t you ever have anything nice to say” people- Go see The Complete Works of William Shakespeare (Abridged) at the KAPA Theater in Puhi for the play and the talent.. It’s even better if you’ve read the unabridged but not required.... and Cymberline only lasted a quarter of a second...
Thursday, March 6, 2008
FLASH YOUR GET OUT OF DOGHOUSE FREE CARD:
FLASH YOUR GET OUT OF DOGHOUSE FREE CARD: So how many Kaua`i Board of Ethics (BOE) members does it take to enforce the ethics laws (Sect XX) in the County Charter?
Apparently at least one more than they have.
In yet another awesome display of abuse of power the BOE has cleared Councilman Mel Rapozo’s company’s contract with the county to execute subpoenas despite his authority to appropriate and authorize those funds according to reports in the local paper today.
The Charter says that :
(20.02. ) No officer or employee of the county shall:
C. Acquire financial interest in business enterprises which he may be directly involved in official action to be taken by him.
D. Appear in behalf of private interests before any county board, commission or agency.
E. Use his official position to secure a special benefit, privilege or exemption for himself or others.
(20.03). Contracts
A. The county shall not enter into any contract with an officer or employee or with a firm in which an officer or employee has a substantial interest involving services or property of a value in excess of $500.00 unless the contract is made after competitive bidding.
B. The county shall not enter into a contract with any person or firm which is represented or assisted personally in the matter by a person who has been an employee of the agency within the preceding six months and who participated while in county employment with the subject matter of the contract.
But the violations of the plain wording and lack of comprehension if not enforcement by the BOE may be secondary to the supportive excuses put forth by both the current Prosecutor Craig DeCosta and his heir apparent to the elective office, Councilwoman Shaylene Iseri-Carvalho who is running for the office when DeCosta leave this November.
They both reportedly cite Rapozo’s M&P Legal Support Services’ contract as an attempt to clear a severe backlog of unserved subpoenas in trumping the quite obvious Charter Ethics violations and Iseri was reported to be “surprised someone voiced ethics concerns” telling the BOE that “the impact on the community is horrendous,” when the subpoenas aren’t served.
The position of Prosecutor is the one that ultimately enforces the laws of the County by prosecuting offenders or using “prosecutorial discretion” to decline to do so.
The article says that De Costa said that the contract was awarded to Rapozo because there were no other bidders.
Rapozo did recuse himself from the council vote to appropriate the $46,640 for the job using funds from a special “Justice Assistance Grant”.
As to the Charter Section 20.02 C it bans “enterprises which he may be directly involved in official action to be taken by him.” (emphasis added) so his recusal seems to be irrelevant..
Under 20.02 D Rapozo certainly “(a)ppear(ed) in behalf of private interests before (a) agency.”
As to 20.02 E It is up to the cumulative evidence to determine if Rapozo abused “his official position to secure a special benefit, privilege or exemption for himself or others.”
But 20.03 is interesting in saying “The county shall not enter into any contract with an officer or employee or with a firm in which an officer or employee has a substantial interest involving services or property of a value in excess of $500.00 unless the contract is made after competitive bidding.” (emphasis added).
Although a bidding process was used it can certainly not be said to have been a competitive one... afterall who’s going to bid against a powerful Councilperson who may have the okay of a contract appropriation for a competitor in the future?
And finally 20.03 B says that “The county shall not enter into a contract.(with) a person who has been an employee of the agency within the preceding six months and who participated while in county employment with the subject matter of the contract.”
The last six months includes right now and appropriating money- even approving grants- is one of the prime purviews of the County Council.
So did Rapozo violate 20.02 E- the very provision he and Iseri used to hang former Police Commission Chair Mike Ching in what many claim is the kangaroo court of the BOE?
Rapozo reportedly says “I believe that there was no conflict because I recused myself from the grant approval when it was heard at the council meeting, disclosing my reasons on the record,” telling the board that it’s only a “perception is reality.” problem and wondering why he was singled out among county employees.
He did not apparently enumerate others that may be violating the Ethics code..
The Council approves appointees for the BOE.
Maybe the other BOE- Education- can solve this because not only can’t Keone read but it seems that many of our most appointable citizens can’t either.
The fact that there were no other bids for the contract Rapozo won was pointed out by De Costa and Iseri as why there was no ethical violation apparently saying we need to get the bad guys off the street so much that we don’t care what the ethics laws are.
One is and the other wants to be your Prosecutor. Is it any wonder there have been no prosecutions for Ethics and Sunshine Law violations when priorities make certain laws unconsequential when they disfavor county employees.
There are reasons why the Charter- which is law that can only be changed at the ballot box- has these ethical standards. Even if nothing else they are there to prevent powerful people who work for the county from doing business with the county. As everywhere else in the world, failing to do so is the official formula for theft and corruption.
According to the article, the matter has been referred to the black hole of the County Attorney’s office where it may be opined upon but the public will never find out if it has even been adjudicated much less what it says due to the current lack of Sunshine that pervades county government on Kaua`i, as unenforced by the count Prosecutor.
Apparently at least one more than they have.
In yet another awesome display of abuse of power the BOE has cleared Councilman Mel Rapozo’s company’s contract with the county to execute subpoenas despite his authority to appropriate and authorize those funds according to reports in the local paper today.
The Charter says that :
(20.02. ) No officer or employee of the county shall:
C. Acquire financial interest in business enterprises which he may be directly involved in official action to be taken by him.
D. Appear in behalf of private interests before any county board, commission or agency.
E. Use his official position to secure a special benefit, privilege or exemption for himself or others.
(20.03). Contracts
A. The county shall not enter into any contract with an officer or employee or with a firm in which an officer or employee has a substantial interest involving services or property of a value in excess of $500.00 unless the contract is made after competitive bidding.
B. The county shall not enter into a contract with any person or firm which is represented or assisted personally in the matter by a person who has been an employee of the agency within the preceding six months and who participated while in county employment with the subject matter of the contract.
But the violations of the plain wording and lack of comprehension if not enforcement by the BOE may be secondary to the supportive excuses put forth by both the current Prosecutor Craig DeCosta and his heir apparent to the elective office, Councilwoman Shaylene Iseri-Carvalho who is running for the office when DeCosta leave this November.
They both reportedly cite Rapozo’s M&P Legal Support Services’ contract as an attempt to clear a severe backlog of unserved subpoenas in trumping the quite obvious Charter Ethics violations and Iseri was reported to be “surprised someone voiced ethics concerns” telling the BOE that “the impact on the community is horrendous,” when the subpoenas aren’t served.
The position of Prosecutor is the one that ultimately enforces the laws of the County by prosecuting offenders or using “prosecutorial discretion” to decline to do so.
The article says that De Costa said that the contract was awarded to Rapozo because there were no other bidders.
Rapozo did recuse himself from the council vote to appropriate the $46,640 for the job using funds from a special “Justice Assistance Grant”.
As to the Charter Section 20.02 C it bans “enterprises which he may be directly involved in official action to be taken by him.” (emphasis added) so his recusal seems to be irrelevant..
Under 20.02 D Rapozo certainly “(a)ppear(ed) in behalf of private interests before (a) agency.”
As to 20.02 E It is up to the cumulative evidence to determine if Rapozo abused “his official position to secure a special benefit, privilege or exemption for himself or others.”
But 20.03 is interesting in saying “The county shall not enter into any contract with an officer or employee or with a firm in which an officer or employee has a substantial interest involving services or property of a value in excess of $500.00 unless the contract is made after competitive bidding.” (emphasis added).
Although a bidding process was used it can certainly not be said to have been a competitive one... afterall who’s going to bid against a powerful Councilperson who may have the okay of a contract appropriation for a competitor in the future?
And finally 20.03 B says that “The county shall not enter into a contract.(with) a person who has been an employee of the agency within the preceding six months and who participated while in county employment with the subject matter of the contract.”
The last six months includes right now and appropriating money- even approving grants- is one of the prime purviews of the County Council.
So did Rapozo violate 20.02 E- the very provision he and Iseri used to hang former Police Commission Chair Mike Ching in what many claim is the kangaroo court of the BOE?
Rapozo reportedly says “I believe that there was no conflict because I recused myself from the grant approval when it was heard at the council meeting, disclosing my reasons on the record,” telling the board that it’s only a “perception is reality.” problem and wondering why he was singled out among county employees.
He did not apparently enumerate others that may be violating the Ethics code..
The Council approves appointees for the BOE.
Maybe the other BOE- Education- can solve this because not only can’t Keone read but it seems that many of our most appointable citizens can’t either.
The fact that there were no other bids for the contract Rapozo won was pointed out by De Costa and Iseri as why there was no ethical violation apparently saying we need to get the bad guys off the street so much that we don’t care what the ethics laws are.
One is and the other wants to be your Prosecutor. Is it any wonder there have been no prosecutions for Ethics and Sunshine Law violations when priorities make certain laws unconsequential when they disfavor county employees.
There are reasons why the Charter- which is law that can only be changed at the ballot box- has these ethical standards. Even if nothing else they are there to prevent powerful people who work for the county from doing business with the county. As everywhere else in the world, failing to do so is the official formula for theft and corruption.
According to the article, the matter has been referred to the black hole of the County Attorney’s office where it may be opined upon but the public will never find out if it has even been adjudicated much less what it says due to the current lack of Sunshine that pervades county government on Kaua`i, as unenforced by the count Prosecutor.
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