Monday, February 18, 2013
DEAD IS DEAD
DEAD IS DEAD: We can sympathize.
Travel does make you sort of move around in your own little mindless
bubble.
"How do we get from point A to
point B today so we can see and do X, Y and Z that we saw in the
guide book or that our friends told us about?" All else is just
a silly obstacle that is meant for someone else, not us.
When checking to see if we have brought
everything- camera, toothpaste, credit cards, stun gun- we seem to
consistently leave one thing at home... our brains.
Yes the brainless tourist. Here on
Kaua`i we see them every day and become them when we venture
off-island. The inevitable result is that, as an article
on the local newspaper yesterday reminded us (as if we needed
reminding):
In less than two months, Kaua‘i’s
waters have claimed the lives of six individuals — five of them
tourists — compared to a total of four drownings, two ocean and two
freshwater, in 2012.
So what's the
response?
According to the article Dr. Monty
Downs, emergency room doctor and president of the Kaua`i Lifeguard
Association:
“Even when things are going well,
I’m kind of fearful of what can happen,” Downs said. “We
thought we were getting somewhere and came to find out we weren’t.”
Like many others, Downs said the
major issue is visitors “not being informed” about Kaua‘i’s
dangerous ocean conditions.
They're just not being informed. eh?
This implies that while the message is right we just presumably need
to get it out there better or more. The article continues...
Sue Kanoho of the Kaua`i Visitors
Bureau (KVB) agreed, but said there are a wide variety of resources
out there.
“Every year we try to do something
better,” she said. “At some point, it needs to be everybody
sharing the same information.”
And what
"information" is that? The idea is apparently that we're
doing the right thing, just not enough if it. If we could just reach
more people with the same message we're sending now, we could save
more lives.
But guess what- we are NOT doing all we
can to stop people from drowning, as this article tries to claim. We
need to be stark in what we tell tourists. "Please try to be
safe" isn't cutting it.
The fact is that the KVB doesn't want a
more strongly worded message for fear of scaring the tourists away.
It's time for the obvious solution: how
about big warning boxes as you book your Hawai`i vacation, big
banners you can see as you board the plane, as you're leaving the
airport baggage claim area and above all at the check-in desks at all
the hotels and in every restaurant... and finally, on placards on the
desks next to all the TV in every hotel room....all saying something
along the lines of:
"DEATH
awaits you in the ocean. People JUST LIKE YOU go into the water and
DIE ALL THE TIME, sometimes even in calm, waist deep water.
Sometimes they get swept in and DIE JUST STANDING ON THE SHORE
near breaking waves.
Do not think you are special- YOU
CAN AND WILL DIE TOO if you leave your brain behind when you come
here and go to the beach. This is not Malibu. You are in the middle
of the Pacific Ocean. Swimming ONLY at beaches with lifeguards may be
the ONLY WAY to increase you chances of NOT DYING IN THE
OCEAN."
We're not sure if even this will work
but we do know that KVB and HVB have been blocking such stark
language from appearing so as to avoid scaring off tourists. That has
been the case since people suggested it 30 years ago.
Dr.
Downs; you have the power to push the visitors' bureaus into
using language that may cut through the lack of attention to their
surrounding that tourist apparently embrace. You've done incredible
work focusing all of us on ocean safety. There's just one more step-
let's scare the b'geezus out of 'em
Saturday, February 16, 2013
GETTIN' 'FACED
GETTIN' 'FACED: Admittedly we've
been neglectful of our poor "blog"- a term we've finally
stopped cringing at just in time for us to take this little
pre-burnout semi-hiatus.
So where have we been? For those who
haven't noticed, believe it or not we've been on Facebook.
No, not the "she burned my eggs
again at breakfast, how's your mother's gout, what kind of wrinkle
cream is Mich Jagger using," social network but the incredibly
effective, grassroots political organizing tool Facebook.
Yes you heard right. We may be
exaggerating or lacking some objectivity but, for instance,
organizing the effort to get the state legislature to repeal
the creation of the Public Land Development Corporation (PLDC)
could not have been anywhere near as effective without the Abolish
the PLDC working group as well as the just plain day-to-day
political conversations that Facebook lends itself to.
As more and more sign up, Facebook has
gathered together many of the
"usual suspects"- political activists and organizers
around the state that have seemingly in many ways been key to efforts
to expose and publicize some of the more horrendous abuses by PLDC
stalwarts State Senators Malama Solomon and Donovan Dela Cruz.
Solomon especially, has tried every
dirty trick in the book and some we've never before seen attempted in
almost 40 years of legislature observation (with attempted neighbor
island participation)... from blocking hearings through verbal and
even physical intimidation, to bursting into hearing rooms and going
on screaming jags, to political intimidation as committee chair
(threatening members with denial of hearings for "their"
bills and essentially killing them) if members made any noise about
her shenanigans. Said shenanigans include a "gut
and replace" of a PLDC repeal bill introduced by Sen. Laura
Thielen- who
has
been
exposing
Solomon's sh*t on her blog, for example, making signatures on the testimony of
many who noted a specific repeal bill now appear to favor a bill that
would keep the PLDC in place.
It was through Facebook that a petition
with hundreds of signatures was organized to remove Solomon from her position as
Chair. Some think that this petition helped convince
Solomon that she was not going to keep her devious efforts
surreptitious and away from the public eye.
There is even an effort well under way
to, if not remove her from office, at least to organize for her defeat
in the next election. No politician- even one as bold, brash and
boisterous as Solomon- needs this, especially winning her first
election (after having been appointed to the senate from her former
house seat) in a squeaker to a popular former mayor of Hawai`i
Island.
The Facebook petition- originated and
organized by a Democratic Party leader on Maui and publicized by a
blog post at Civil Beat- was
thought by many observers to have, if nothing else, helped focus the
attention of both members of the public and other legislators on
Solomon's actions. Some long time legislative observers say that no
one trusts Solomon at all at this point, and likewise no one wants to
be seen to be "on her side."
All eyes, public and legislative,
are on every single word of any PLDC related bills in and coming out
of her committee.
"Staffers have their uku combs
out" when it comes to Malama's PLDC bills said one.
The focus and petition have even
spawned some real "out there" conspiracy theorists trying
to find a "there there" when there actually wasn't any at all,
showing the level of grassroots attention that is now being paid to
making sure that a clean repeal bill comes out of the senate-
preferably one identical to the one passed by the whole house last
Monday (2/11) so it can go directly to the governor’s desk without
passing "Go" and having to be "reconciled" in a
conference committee--which would give Solomon and Dela Cruz one last
bite at the abuse-of-process apple and delay passage possibly until
May- something house members greatly fear.
"We (legislators) just want this
to be over early in the session so we can move on to important things
like the budget," said Kaua`i Rep Derek Kawakami (D 14th- North
Shore) who, though he originally supported the PLDC said during a chance early January post office
interview, that he was now resigned to repeal.
If you'd like to testify at this point, ask for a bill containing a "clean, full repeal of the PLDC,
preferably one identical to one the house passed" without
referring to a bill number- and email it to sens@capitol.hawaii.gov .
Of course that's not the only thing
being organized through Facebook these days. Many activists are
working against
GMOs and for labeling as well as dozens of other efforts, sharing
bill numbers, gathering testimony, getting the word out when hearings
are set and performing many other essential tasks that, until now,
were performed through email. But unlike email, Facebook allows
anyone to peruse and latch on to, duck in and out of, and instantly
participate in the effort(s) of their choice- or not- whether it's
local, state or national, whether it's legislative or purely through
outside the system efforts- or somewhere in between.
The best feature is that it's
instantaneous and allows conversations between dozens or even
hundreds of individuals, allowing hundreds if not thousands of
interested parties to look over the shoulders of those discussing the
best way to, say write testimony and/or lobby and/or organize events,
rallies and/or meetings.
Many even feel satisfaction that
they've been able to turn one of the most time-wasting symbols of
American vacuousness into a heretofore unparalleled tool of truly
grassroots activism.
Regarding Facebook itself, of course it's a clunky horrendous
system controlled by a bunch of greedy little twerps, bent on control
and profit using people's personal information so as to sell them
more crap which they don't want or need, reaching new heights of
consumerism.
The "staff" are apparently
unable to stop tripping over their own feet every time they try to
"monetize" the monstrosity they've created and the tradeoff
is that everything you say is there forever in the public domain.
And the majority of the people there
are still there to tell their "friends" what Hollywood
movie didn't totally suck and post pictures of their assorted and
sundry genitalia.
And, there are also pitfalls, not just
for activists but for politicians- especially the phonies and
jerk-wads- who dare to step into the fray.
Case in point, one of the most
despicable human beings- not just politicians but people in general-
it has ever been our displeasure to have met personally:
Representative James "Can't Keep His Pants On" Tokioka (D-
15th District- Kapa`a; Lihu`e).
(The kinder gentler Rabid Reporter
we've referred to of late is finding out that the trick is to be
benevolent to and considerate of the feelings of friends and lovers,
but not necessarily so much for total sc*mbags like Tokioka who
consciously and consistently prey on the public trust for fun and
profit without one iota of true public service behind their efforts.)
This slimy little pr*ck has
consistently been "for" one thing- Jimmy Tokioka- for a
couple of decades, first as a Republican councilmember on Kaua`i who
managed to lie, cheat and finagle his way to reelection every two
years until he somehow cut a deal to "replace" our retiring
original-good-old-boy machine-made-man Ezra Kanoho by switching
parties and, somehow, managing to get elected- and reelected- without
ever facing any opposition.
Although it's been said about many ever
since- including about Tokioka himself- Kanoho was the first to have
it be said about him that he was "the man who never met a hotel
he didn't like."
Please- someone- run against this guy.
Unless you're on the sex offender list or fail to bathe regularly or
something, you're probably a shoo-in.
Until the last dog dies, Tokioka was a
stalwart supporter of the defeated House Speaker Calvin Say and
apparently remains bitter about the defeat and loss of his power that
was derived from his support of Say. He remains staunchly pro-GMO and
his list of contributors reflect a corporate debt.
As a long time
corporate-bought-and-paid-for shill, he was a main force behind the
PLDC on the house side and was on the house committee where various
PLDC related bills were heard.
His list
of campaign contributors indicates a man with a corporate
indebtedness. His top ten PAC contributors include Monsanto, A&B
and American Resort Development Association Resort Owners Coalition
Pac (ARDA Roc-Pac) while his top ten individual contributors include
lobbyist supreme John Radcliffe and infamous Republican resort honcho
Lynn McCrory- a thick gruel of PLDC supporters indeed.
So this week when the repeal of the
PLDC was up for a vote in the full house, even though he had been
embarrassed into completing a unanimous vote for full repeal in
committee he was apparently still fuming and beholden to his
corporate backers.
Observers say Tokioka was apparently
trapped and couldn't get out from behind the table and out of the
room before the vote and would have made headlines had he tried- or,
as an alternative, vote against the repeal bill. The acquiescence of
those who had been blocking repeal in the house came literally as a
last-minute surprise when those opposed to repeal saw the handwriting
on the wall and, after verbally listing all the reasons they were
against repeal suddenly turned on a dime to allow the full repeal to
pass out of committee. Even the bill reads as if it were going to
keep the PLDC, only to repeal it in the last couple of sentences.
So it was no surprise that Tokioka was
notable for his absence from the "unanimous" vote of the
full house to pass a "clean, full repeal" of the PLDC.
Well, starting a day or so after the
vote the "Abolish the PLDC" Facebook group- which has
apparently become one "source" for a few reporters in the
state looking to "feel the pulse" of PLDC opponents- began
discussing Tokioka's absence from the full house vote and the subject
was seeming to threaten to make headlines in one publication or
another.
So all of a sudden, in the middle of
one the many conversation "threads" that were becoming more
and more critical of Tokioka's action- or lack of it- there was a
"comment" from none other than his vileness his own self.
After thanking one person for seemingly
trying to make plausible excuses for Jimmy he wrote:
To respond to Xxxxxx's question about why I was absent at the time
of the would like you to know it is my dad's 82nd birthday today. In
May of 2012 my dad had a massive stroke and has been bed ridden since
then. Who knows how many more times I'm gonna get to talk to him on
his birthday and between my mom and I we were coordinating the phone
call that could only be done at that time. If you look at the
committee vote, I voted Yes to repeal. I hope that better clarifies
my vote and my actions. (all sic)
Here
we go again. This is quintessential Jimmy Tokioka. Jimmy has made a
career out of grabbing at and yanking on some concocted heart-string
(or is it heart-chain) whenever he is cornered by some act of his
that there's no way to explain his way out of. It's a well worn tool
in his obfuscation and dodge-ball playing toolbox- a tried and true
(to turn the phrase around) "the best defense is a good offense"
ploy.
If you
don't read it carefully it might seems like he had been with his sick
dad- who could drop dead tomorrow- on his 82nd birthday. And even if
you do read it, you'd think there was some kind of reason why if he
had stayed for the vote he would probably never see his dad again.
The
gist seems to have been that only by skipping the vote would he be
permitted to speak to his beloved mother or see his on-his-deathbed
father again... or something like that.
But
the fact is, as alleged by a few of those who were there for the vote
and were discussing Tokioka's absence- and confirmed in a Civil Beat
article
by Chad Blair and Nathan Eagle:
So that's where we've been- in addition
to organizing we've been posting a lot shorter pieces and sharing
articles that we might otherwise weave into a column... had we not
been so lazy of late.
So "friend" us under "Andy
Parx" if you’re interested in seeing what we've been writing
on Facebook. Or you can check in here
now and again- usually daily or so- although we're not really sure if
you have to sign up to see it (another BS feature- don't get us
started...).
We're actually surprised that the
chattering classes- especially those who directly cover the "social
media" have not picked up on this "Facebook as a political
tool" phenomena yet. We just stumbled upon it after family
members and close friends (yes- we do still have some) got
spammed-out and gave up on email and forced us to toss our very soul
into Zuckerberg's zeitgeist
But although we might go back and forth
between feeding this space and the social network cum organizing
tool, Jimmy Tokioka will always be an unwavering slimeball.
Friday, February 1, 2013
STILL CRAZY AFTER ALL THESE MONTHS
STILL CRAZY AFTER ALL THESE MONTHS:
It not something we'd often admit to but occasionally watching a good
political fight can be almost as stimulating as illicit sex.
The emotions behind the charges and
counter charges of two combatants and the laughingly-obvious
concerted half-truths and outright lies all leading up to an orgasmic
first Tuesday in November, then, when it's over we clean it up and go
back to our normal boring life.
Most of the time.
When the arguably all-time most
entertaining of local campaigns- this year's often indecipherable
machination of former Kaua`i Prosecuting Attorney Shaylene Iseri
Carvalho's reelection campaign- came to an end we thought all we'd
have were the sweet memories.
Even when an executive
session item on last week's council agenda referred to a
settlement of one of those on the long list of harassment complaints
against Iseri- this time the one by now-rehired deputy prosecutor
Rebecca Vogt- we didn't expect a "for old time's sake"
post-coital, spittle-filled rant from the Queen of Xanadu (ask
around).
Yet there she was on
our screen (7 hours 25 minutes in), doing her best Captain
Queeg impression... all that was missing were the steel balls and
the claim of "that's where I had them.. with the strawberries."
Yes it's all a conspiracy folks- County
Attorney Al Castillo, her opponent and now Prosecuting Attorney
Justin Kollar, Hizzonnah Mayor Bernard Carvalho Jr, the council, Vogt
herself and a cast of dozens- they wanted her out and would do
anything to achieve their goal of stopping Iseri from protecting
Kaua`i... presumably from the likes of them.
For those who missed some of the
details of the federal suit revealed when veteran Kaua`i reporter
Joan Conrow described them in her KauaiEclectic blog, last September
20, she wrote:
The complaint, filed Tuesday in
Kauai Circuit Court on behalf of deputy Rebecca Vogt, raises concerns
about equal pay, gender discrimination, free speech rights and county
ethics violations. It names both the county and Iseri-Carvalho, who
was sued by Councilman Tim Bynum yesterday.
Vogt alleges she was pressured to
support Iseri-Carvalho, who rewarded employees she considered loyal.
When Vogt did not actively campaign, she claims she was passed over
for a raise, while five less-experienced male deputies who supported
the prosecutor got hefty pay hikes ...
She says Iseri-Carvalho handed out
the pay raises even though in March — following “sparse
attendance at her major fundraiser” — she had told staff that she
would be cutting salaries due to “budget cuts.”
When Vogt complained about the
arbitrary nature of the raises, and their apparent unethical link to
campaign support, she says Iseri-Carvalho retaliated against her,
giving her more work, denying her comp time and stripping her of the
authority to independently approve plea offers.
Vogt maintains Iseri-Carvalho
violated the county Code of Ethics, which prohibits county employees
from using their positions to secure unwarranted privileges,
advantages and treatment for themselves or others. She also says her
right to free speech was violated when the prosecutor punished her
for speaking up.
The complaint alleges
Iseri-Carvalho's actions were “willful, wanton, outrageous and
oppressive,” and that Vogt suffered job insecurity, income loss,
humiliation, and emotional and physical anguish as a result. The
extent of the retaliation forced her to take a medical leave of
absence, she alleges.
Vogt, who began working for the
Office of Prosecuting Attorney in August 2010, says she had always
received favorable work reviews.
Iseri
claims that, as part of this vast conspiracy, the mastermind, mousey
little CA Castillo- with whom Iseri had been feuding ever since she
stopped answering the council's budget-time questions regarding her
home-made sentencing diversion program- went off and arbitrarily
decided all on his own to settle Vogt's suit without any other input,
especially from Iseri herself.
So is
it true? Could it possibly be true? Well, not exactly.
Because
in cases of employment discrimination and wrongful terminations, you are
not allowed to just go to circuit court and sue.
You are
first required to file a complaint with the Equal
Employment Opportunity Commission (EEOC). The EEOC then does its own
investigation of the complaint, including requesting that the alleged
offender's employer respond to the complaint... something, by the
way, the county has a long history of not doing. Then, if, and only if,
the EEOC finds that there is reason to believe an offense occurred, it
gives permission
to the complainant to sue in circuit court.
That
means that it would have been impossible for Castillo to act totally
on his own to settle the suit just to make Iseri look bad and insure
Kollar's election because the fact that a suit was filed in 5th
Circuit Court meant that the EEOC- which refuses to discuss cases,
which are all "confidential" by law- had already found that
there was reason to believe the complaint was valid.
This
of course is just one factor. In this week's tirade before the
council (which she submitted in writing to the council so it is
public record now) Iseri kept repeating that no one asked her about
"the settlement." But it was hard not to notice that she
kept referring to "the settlement" rather than the facts in
the case which presumably she has had the opportunity to refute-
something she hasn't done publicly.
But
admittedly we don't know, which of course is the point here.
What
we do know is that Iseri was- and still is as far as we know- not
talking to anyone about anything because early in 2012 she "lawyered
up" and got the county to hire her an attorney rather than
answer questions from the council when it asked her for the same kind
of "due diligence" budgetary information it seeks every
year from all department heads.
So is
it over? Was Wednesday's testimony simply one last hopped-up harangue
from our dear "long time comin', long time gone," Miss
Loodacris Lilly?.. a final "say it don't spray it" moment
from one of the most entertainingly delusional public figures Kaua`i
has ever seen- and most likely will ever see again?
Guess
we should just light up a cigarette knowing we'll always have
POHAKU.
Tuesday, January 29, 2013
23 GREAT TOMATOES IN THAT LITTLE BITTY CAN
23 GREAT TOMATOES IN THAT LITTLE
BITTY CAN: It's not without reason that many have become obsessed
with repealing the Public Lands Development Corporation (PLDC) after
being made aware of it last fall. We assume our readers know the
chapter and verse liturgy of exemptions, lies, deceit and greed
behind the attempted giveaway of state controlled land.
So it makes sense that along with the
opening of the 2013 Hawai`i State Legislature comes one of those
"just when you think you've seen it all" moments... as in
"you ain't seen nothin' yet."
Those outraged over the tactics and
content surrounding Act 55 (enshrined as
HRS 171C) mobilized for the legislature's opening day with a
massive rally to support the introduction of a bill- something
promised by many representatives and senators- to repeal PLDC.
And, in a "be careful what you ask
for- you just might get it" moment, they got their "bill"...
in spades.
Because instead of one bill in the
house and one bill in the senate to simply repeal the measure that
created the monster there are by some counts between 20 and 23 bills
dealing with the repeal of the PLDC.
According to a commentary
in Civil Beat by Simon Russell- also an excellent primer on the
subject:
On opening day, two bills to repeal
HRS 171C were introduced (SB1 and HB110). As of Jan. 24, 23 bills
have been introduced calling for repeal of all or parts HRS 171C (15
from the Senate and 8 from the House). The big question is which
repeal version will pass, and what will the actual result be.
Yes apparently many the self-same
legislators who voted for the measure back in 2011 are playing "crabs
in a bucket" crawling over each other so that they can emerge
as the one being credited with slaying the beast- even if it means no
one in the public can figure out which bill or bills to support.
Some even have their names on more than
one bill increasing their chances of being cited as the knight who
slew the dragon.
But to assume that's all that's in play
here would be to ignore the more sinister motives of those
introducing what may seem to be repeal bills but actually are
"transformer" measures that leave the monster dead in name
only, morphing the PLDC into other string-of-letters entities, losing
the name but keeping many of the more repugnant details.
The more ambitious activists have waded
though each bills' legalese only to throw up their hands in fury
trying to find a "clean" repeal bill. Some attempted to
create comparative lists, other spread sheets trying to determine
which bill(s) to support and which one(s) to reject. Some of them
have even turned to email and social media to see if they could get
all repeal proponents to unify behind one bill.
The only problem is that many are new
to the incredibly frustrating hurry-up-and-wait,
be-ready-to-get-slapped-in-the-face, Hawai`i State Legislature and
actually thought the public has any say whatsoever over which bills
survive, which get heard and ultimately, which are passed.
The fact is that all "we the
people" get to do is provide cover for those who really control
the process. It's actually said that for certain controversial bills-
you know the ones where the testimony generally ends with the phrase
"and I vote"- legislators get their staff to print out the
emails, make piles of pro and con and then literally weight them.
Last year because of that one activist we heard from suggested people
make sure their testimony was at least two pages long.
Each bill introduced needs to be
assigned to one committee or more and then each committee will
schedule hearings and decision-making on one or more of the bills
creating a seemingly infinite number of permutation for those
dedicated to taking part in the legislative process.
Gee- you don't think they planned it
that way do ya? Well, how do you think the PLDC got created in the
first place?
Even if one wanted to pick that one
bill to support it's not like they get to pick it- the way it goes is
that the leadership- Speaker Joe Souki in the House and President
Donna Mercado Kim in the Senate along with the appropriate committee
chairs- will decide which bills become the "vehicle" as
it's called.
You can also forget about playing "who
do you trust" and trying to determine which bill to support by
looking at who introduced it. That's never a wise proposition with
some of the more weaselly legislators, especially with many of them
having tried to "cover the table" by introducing more than
one of the bills.
While there may be a time for more
specific testimony presently, those champing at the bit can do
something right now other than setting their hair on fire and running
laps around the fourth floor of the capitol.
For now it seem the only thing the
public can do is to write an email to the reps@capitol.hawaii.gov and
sens@capitol.hawaii.gov addresses (which goes to all "reps"
and "sens") and tell them you want them to vote to fully
repeal the PLDC without morphing it into anything else. You might
even tell them why.
Confused? Clear as mud? Good- that's
exactly what you're supposed to feel. This is after all the state
legislature where the only rules are that there really aren't any and
if you wait long enough you will see new and inventive ways to
connive and control... the operative prefix being "con".
Just in case you feel like banging your
head against the wall for a few hours here's about the best list of
PLDC-related bills we could find.
Repeal PLDC (Act 55) bills
Senate Bills
SB 1 - Introduced by Hee
SB 245 - Introduced by L. Thielen, Baker, Ihara, Ruderman, Slom
SB 338 - Introduced by Keith-Agaran, Baker, English
SB 480 - Introduced by English
SB 663 - Introduced by Green, Ruderman
SB 780 - Introduced by Slom
SB 958 - Introduced by Kim
Senate Bills
SB 1 - Introduced by Hee
SB 245 - Introduced by L. Thielen, Baker, Ihara, Ruderman, Slom
SB 338 - Introduced by Keith-Agaran, Baker, English
SB 480 - Introduced by English
SB 663 - Introduced by Green, Ruderman
SB 780 - Introduced by Slom
SB 958 - Introduced by Kim
House Bills
HB 9 - Introduced by C. Thielen
HB 82 - Introduced by Carroll
HB 110 - Introduced by Hanohano, Lowen, Evans
HB 226 - Introduced by Souki
HB 317 - Introduced by Johanson, Cheape, Fale, Fukumoto, Mcdermott, Thielen, Ward
HB 454 - Introduced by Souki (b/r) (by request)
HB 589 - Introduced by Kawakami, Ito, Say, Takayama, Tsuji, Choy, Cullen
HB 1133 - Introduced by Evans, Awana, Brower, Cheape, Coffman, Fale, Fukumoto, Hanohano, Hashem, Ing, Johanson, C. Lee, Mcdermott, Mckelvey, Mizuno, Morikawa, Saiki, Takumi, Thielen, Aquino, Cachola, Nishimoto
Repeal PLDC (Act 55) and Act 282
(Act 282 passed in 2011 transfers Honokohau and Ala Wai harbors to the PLDC, establishes the Aloha Stadium special fund and defines public land as - Lands which are set aside by the governor to the public land development corporation; lands leased to the public land development corporation by any department or agency of the State; or lands to which the public land development corporation holds title in its corporate capacity.)
HB 9 - Introduced by C. Thielen
HB 82 - Introduced by Carroll
HB 110 - Introduced by Hanohano, Lowen, Evans
HB 226 - Introduced by Souki
HB 317 - Introduced by Johanson, Cheape, Fale, Fukumoto, Mcdermott, Thielen, Ward
HB 454 - Introduced by Souki (b/r) (by request)
HB 589 - Introduced by Kawakami, Ito, Say, Takayama, Tsuji, Choy, Cullen
HB 1133 - Introduced by Evans, Awana, Brower, Cheape, Coffman, Fale, Fukumoto, Hanohano, Hashem, Ing, Johanson, C. Lee, Mcdermott, Mckelvey, Mizuno, Morikawa, Saiki, Takumi, Thielen, Aquino, Cachola, Nishimoto
Repeal PLDC (Act 55) and Act 282
(Act 282 passed in 2011 transfers Honokohau and Ala Wai harbors to the PLDC, establishes the Aloha Stadium special fund and defines public land as - Lands which are set aside by the governor to the public land development corporation; lands leased to the public land development corporation by any department or agency of the State; or lands to which the public land development corporation holds title in its corporate capacity.)
Monday, January 21, 2013
THE END OF A BEAUTIFUL FRIENDSHIP
THE END OF A BEAUTIFUL FRIENDSHIP:
It's not everyday that a two-year-old legislative action crystallizes
such an incredible backlash- between sessions no less- that repeal of
it becomes the first order of business of the following session.
But Act 55, which created the Public
Land Development Corporation (PLDC) was all that and a bag of chips.
So much so that it brought out what
Hawai`i Governor Neil Abercrombie called "The Usual Suspects"
to fight it.
It really was the perfect storm of a
lousy measure containing onerous provisions designed to make the rich
richer while throwing a few pennies to the state in exchange for our
legacy. It all passed without public notice through a combination of
opaque and corrupt practices, creating and entitling a handful of
developers to steal public (actually Hawaiian) lands. And all the
while it exempted the projects from county land use, zoning and
permitting laws as well as other protections such as the federal
Coastal Zone Management (CZM) provisions that the county enforces
through the state Shoreline Management Area (SMA) act.
What's not to hate?
So when those of us who seem to spend
our lives being forced to do battle with bad ideas from elected
shills which crop up over and over and over again finally got wind of
what happened and showed up to oppose it, the Governor, in his new
"I'm not yer pal" persona, dismissed those of us who would
question the PLDC as "the usual suspects."
And you know what? That's who we are-
we are "The Usual Suspects" We are the Sierra Club,
Thousand Friends, Surfrider Foundation, Common Cause and a slew of
other organizations, activists, bloggers, facebookers and tweeters
that know a bad deal when we see one and aren't going to "shut
up" just because a former progressive- a former "usual
suspect" who has of late been increasingly kicked to the curb-
tells us to.
And yes- we are very proud of
ourselves. So much so that we Usual Suspects do hereby adopt your
attempt at derisive ad hominum attack. Please, feel free to call us
"the usual suspects" whenever you get handed another stack
of the usual ideas from the usual developers causing us to
mobilize... as usual.
Yes, there are those of us who have
been able to sort through the myriad layers of land use regulations
in Hawai`i and are not on the side of "dumb growth." Rather
we insist on not just community buy-in but the community initiation
of development that smart growth requires.
There are those of us who understand
that when project "takes too long"- when developers pick a
place to develop and then tell us "this is where and what you
get"- there's a reason for that.
It's because you're trying to push a
round peg project in a square hole in a community that doesn't want
your peg in the first place. Rather than ask the community what kind
of development it needs and wants or even where it wants it to be,
you've already decided that, like it or lump it, we're getting a new
movie theater and an Italian restaurant... even if there's no way to
mitigate Mel Gibson and unlimited bread sticks.
And yes- we are going to stop the
project using the state or federal environmental protection act if
necessary because the environmental assessment or impact statement is
not just some paperwork to get through but actually has to propose
full mitigation for ALL of the impacts- including cultural and
social.
And if it can't be mitigated it has to
provide an honest "no action" alternative. Or so the courts
have said, no matter how hard you pound that peg.
And yes, we are going to try to stop
projects by opposing redistricting before the land use commission,
show up for state planning hearings and oppose county planning
commissions' approval and county council rezonings. Because that's
what those bodies are for: to protect us from bad and stupid growth.
They're not there so they can be "exempted." And if you
don't listen we will "usually"go to court to ensure our
right to stop bad development.
Because, despite what some ivory tower
land use professors at UH think, there is no inherent "right to
develop" without the community's approval, no matter how much
you wish it were so.
Exemptions are not streamlining-
exemptions are simply the obliteration of our rights to be heard
during a process that isn't simply the rubber-stamping of a "done
deal."
So feel free to "round up the
usual suspects" anytime you want to push a crummy project that
nobody wants by exempting it from the processes designed to keep
developers honest.
Because Neil, we seem to be getting the
impression of late that "exempting" projects so as to allow
a handful of developers to rob us blind is not "well
intentioned" as you say but rather is a payback for all those
campaign contributions you got in '10 and will be soliciting again in
'14.
Or so we suspect....usually
Tuesday, January 15, 2013
THE TITANIC DECK CHAIRS NEVER HAD IT SO GOOD
THE TITANIC DECK CHAIRS NEVER HAD IT
SO GOOD: The swirling cesspool of sexual harassment that is the
government of County of Kaua`i has made filing lawsuits into a
cottage industry. The state Equal Employment Opportunity Commission
(EEOC) probably has it's own little Kaua`i County corner office
that's been kept busy for years.
But one little turd has resurfaced once
again after many though it had permanently sunk to the bottom years
ago.
There it is on this week's council
agenda- a
request for $15,000 to fight the case of Kathleen
M. Ah Quin vs. County of Kaua’i, Department of Transportation, et
al., (Civil No. CVO8-00507 JMS BMK, U.S. District Court).
What
seemed at the time to be just another sexual harassment suit has
turned into a case of protecting one of the most infamous of the
"protected" cronies in Kaua`i government- former
Transportation Agency head and current human resources honcho, Janine
Rapozo.
For
those who missed our still-for-some-reason exclusive
December 2008 report on the details of Ah Quin's suit, Rapozo was
accused of maintaining a pervasive hostile atmosphere in the agency
toward female bus drivers.
In
the interim, of course Rapozo was- and still is as far as the
county auditor's report is concerned- at the center of the
alleged gas theft scandal, having been arrested late last October by
now disgraced and departed Prosecutor Shaylene Iseri-Carvalho, who
herself has cost the county a pretty penny in settlements of EEOC
charges of racial and sexual harassment along with other hostile
workplace violations.
Although
the real culprit in the gas theft case seems to have been Mayor
Bernard Carvalho Jr. according to the auditors report, Rapozo was
selected for indictment but was released from the pokey after it
became apparent the number of grand jury votes to indict her were
somehow miscounted.
How
could that have happened?
In
going back over our 2008 piece on Ah Quin's suit against Rapozo, what
caught out eye before the details were presented was what happened
when the council was asked for $50,000 that November to fight the
suit. At the time, Iseri had just completed a couple of terms on the
council and was Prosecutor-elect, having won the election after
running unopposed.
On
December 8 2008 we wrote:
Bus driver Kathleen M. Ah Quin is
suing the Kaua`i Department of Transpiration- specifically Executive
on Transportation Janine Rapozo- for what appears to be a pervasive
hostile atmosphere in the agency toward women.
Just as appalling as the actual
discrimination is the fact the lawsuit was filed only because a year
went by after Ah Quin’s filing of Hawai`i Civil Rights Commission
(HCRC) and Equal Employment Opportunity Commission (EEOC) complaints
without any attempt by the county to respond or even attempt to
investigate the charges.
At a special council meeting called
at the end of November the County Attorney at the time Matthew Pyun
asked the council for $50,000 to hire an outside attorney to respond
to the suit.
And outgoing councilpersons Shaylene
Iseri Carvalho and Mel Rapozo (no relation) were livid.
“You’ve got to read this”
shrieked Iseri waving a copy of the suit over her head. “The County
Attorney’s office has not engaged in any investigation (for a year)
and now wants to hire an investigator” when there’s only 20 days
to respond.
She told the council that she would
not use taxpayer money without a commitment to investigate complaints
when they are filed, saying she was “disgusted” and how the
situation was “typical of the wasteful spending” of the
administration and specifically the county attorney’s office.
She also questioned why it would
cost $50,000 to respond since the first 20 day response is really a
pro-forma type of thing that should rightfully be done “in-house”
before hiring an outside attorney if it becomes necessary to defend
the suit.
Councilmember Rapozo- who with Iseri
voted against the approval of the funds even after the request was
amended to $20,000- described how no one with the county ever spoke
to any of the employees names in the suit or investigated any of the
incidents.
Apparently
Iseri- predictably?- wasn’t particularly concerned about the
content of the suit itself. But silly us, we thought the public ought
to know what was being alleged against Janine Rapozo- who by the way
is the wife of Mayor Carvalho's current Parks and Recreation
Department Director Lenny Rapozo. L. Rapozo stepped into his job with
no experience at all after his stint as Carvalho's campaign manager.
The
actual content of the suit, which the county is apparently still
contesting despite rumors it had been dismissed, was pretty
disgusting when we presented them in 2008. But the fact that Janine
Rapozo was not only not fired or even reprimanded but rather promoted
to her current Personnel Department post- or actually "Human
Resources" Department after the name was changed recently
without any apparent change in the way the department is run- in
unfathomably repugnant... except of course in the Minotaur’s
labyrinth of Kaua`i County government where it's just standard
operating procedure.
Add
to that what the auditor alleges was her part in the gas "theft"
and it's a case study of corruption in Kaua`i County government.
Back
to our 2008 piece for the full story. As Ah Quin tells it:
The
complaint itself depicts a transportation agency where females were
routinely passed over for full time jobs because, as Ah Quin was told
by another named female employee, Janine Rapozo “doesn’t like
females” after Rapozo had ordered the employee to “keep her door
closed” when she was working as a dispatcher because male drivers
would stop by to talk to her.
That
employee wasn’t the only one to warn Ah Quin. According to the suit
another named female bus driver also told her to watch out for Rapozo
because “likes her males, she does not like females”.
There
are only three female employees in the agency and 17 males according
to the suit.
Despite
11 years of experience and her more than adequate licensing it seems
Ah Quin couldn’t get promoted to a full time position while men
were given the jobs when they opened up.
The
suit describes many incidents where despite the fact that her
qualification surpassed theirs, Rapozo hired or promoted men to full
time positions passing up Ah Quin and other women.
It
also tells how on occasion drivers were brought in from outside the
department and even county government itself to fill the full time
positions in violation of standard county personnel department
policy.
Ah
Quin goes on to list eight males who were promoted over her as well
as other incidents and examples of Rapozo’s gender bias.
When
Ah Quin began to question why, despite a gleaming job performance
evaluation she was passed up for promotion Rapozo started to engage
in a program of retaliation, according to the suit by cutting Ah
Quin’s hours.
Incidents
described include one where passenger complaints was treated
differently when filed against male drivers and another of a
reprimand of Ah Quin for wearing her uniform shirt from another part
time driving job while male employees similarly attired went
unchallenged.
Ah
Quin says she finally asked Rapozo “why don’t you like me. You
never did like me. You keep ignoring me. You ignore me in the office.
I keep asking myself what did I do to you? I know you don’t like
me”.
Rapozo
allegedly replied “because I have had problems with every female
driver that has been hired.”
The
suit also lists incidents where other named female drivers were
harassed in a similar manner as well as misrepresentations by Rapozo
as the fact that there was "no money in the budget” for
expanding hours – a statement followed immediately by ads in the
newspaper soliciting new drivers.
In
another, Rapozo scolded Ah Quin for not picking up a person who was
sitting in a wheelchair in front of the gift shop at Wilcox hospital
which was not a designated bus stop, telling her she should have
stopped the bus, gotten out and asked the person if they wanted to
board the bus.
Ah
Quin responded that there are persons in wheel chairs all over the
place all the time around the hospital and that she was never told to
stop, get out and ask each one if they needed the bus.
Rapozo
has been a long-time, loyal, appointed crony in the past two
administrations and has been shifted around various jobs before
landing in the transportation agency overseeing the Kaua`i Bus.
To
no one’s surprise she was retained in her position by Mayor Bernard
Carvalho when he took office this month without any investigation of
the complaints or lawsuit.
The
council has scheduled an executive session Thursday to discuss the
matter and they are required by law to reveal whether they okayed the
expenditure in open session.
Wednesday, January 9, 2013
TO SERVE MAN
TO SERVE MAN: A post
in Civil Beat's "The Beat" blog regarding our newly elected
2nd CD Congressperson Tulsi Gabbard's first visit to Kauai after
being sworn-in later this month had us scratching our head today.
The lede sounded promising for those
who thought they would have a chance to meet with her and give her
their mana'o. It said:
Hawaii’s newest representative in
Congress has scheduled her first week of official Hawaii meetings.
She’ll be meeting with officials
and constituents throughout the 2nd Congressional District to discuss
issues and her recent assignments to the House Homeland Security and
Foreign Affairs Committees.
Meeting with constituents? Well maybe
not so much. The schedule for Kaua`i?:
Sunday, January 13: Kauai
At the Kaua’i Veterans Center in
Līhuʻe, Congresswoman Tulsi Gabbard will hold a series of five
meetings today related to her committee work and issues before the
Congress. She will meet with community organizations, transportation
officials from the airport and harbors divisions, native Hawaiian
organizations, local businesses and other elected officials.
Seems like Ms Gabbard knows who butters
her bread with meetings scheduled for every kind of special interest
group leaving no time to sit down with the average consistent.
With the estimated million dollars a
day needed to run for re-election did we expect anything different?
Another Civil Beat article
today, this one from Ian Lind about the Ombudsman's office, also
caught out eye. The headline says it all: "No Teeth For
Ombudsman But 'We Can Gum Them To Death'"
The interview with Ombudsman Robin
Matsunaga is a case study in how oversight agencies shouldn't work.
It describes how they quietly nudge the offenders until they are on
the verge of being exposed and then allow them to quietly comply.
It's what allows abuse of process to
continue unabated. Knowing there are no consequences to misbehavior
encourage that misbehavior to continue.
The offenders know they can offend and
offend and offend and if one case finally gets so bad they are about
to be exposed they can just say "okay- we'll comply in this one
case but we'll never change our attitude toward compliance with the
rules or law." This rewards abuse of those the offending agency
is supposed to serve but is, rather, ignoring.
Anyone out there who hasn't experienced
the typical runaround has never tried to deal with the local
bureaucracy. The "Hawai`i way" of doing things explains why
nothing ever changes even when violations of law are blatant on the
part of these agencies.
It's the Minotaur syndrome; they'll do
what's wrong as long as they can- and then there's no penalty because
the oversight agency thinks its job is to get compliance that one
time rather than to change the culture. That's why Marion Higa has
been successful and the ombudsman’s office hasn't.
But you knew that, didn't you?
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