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:

Souki called the unanimous vote — featuring his supporters, acolytes of Speaker Emeritus Calvin Say and the Republicans — "very impressive." Only Democrats Sharon Har and Jimmy Tokioka — both Say supporters — did not vote, having been excused from the chamber, though both were at the Capitol (emphasis added).

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.

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.)

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 LÄ«huÊ»e, 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?