Thursday, September 9, 2010
NOTHIN’ TO SEE HERE
NOTHIN’ TO SEE HERE: Kaua`i Coffee’s “complaint for declaratory relief” related to 17 EEOC complaints that amount to charges of slavery- as we wrote about Tuesday and the local newspaper was finally embarrassed into covering in small part today with a promise of more to come- is one of the strangest court filings we’ve ever seen since apparently no authority has actually charged them with anything and they aren’t charging anyone with anything either.
Filed in US District Court, it essentially claims that Global Horizons Manpower Inc - the company whose head, Mordechai Orian, is being held on a million dollars bail for various charges related to “exploiting 400 workers from Thailand and forcing them to work on U.S. farms” – indemnified them against anything and everything related to the EEOC complaints.
But of course it’s hard to imagine how they could have been anything but fully aware of the circumstances supporting the conditions since they occurred right under their noses.
Strangely enough- and possible illegally- the compliant reveals the names of those making the EEOC complaints. which are considered confidential according to federal law.
The charges- at least Kaua`i Coffee’s characterization of them, according to the complaint, are supposedly uniform, saying
According to the suit:
The EEOC Charges uniformly contain the following allegations:
I. Since [2004/2005/2006], 1 I have been harassed, subjected to different terms and conditions of employment, and intimidated in all aspects of employment with Global Horizons, due to my national origin (Thailand).
The year in which the discrimination complained of allegedly began differs depending on the individual EEOC Charge.
II. On many occasions, I objected [sic] the terms and conditions of employment but was ignored.
III. I believe I have been harassed, subjected to different terms and conditions of employment, and intimidated because of my national origin (Thailand) and retaliated against for engaging in a protected activity, in violation of Title VII of the Civil Rights Act of 1964, as amended.
IV. Further, since [200312004/2005], 2 I believe that employees as a class have been discriminated against due to their national origin (Thailand) and retaliated against for engaging in a protected activity, in violation of Title VII of the Civil Rights Act of 1964, as amended.
Though the complaint details and provides exhibits as to why Kaua`i Coffee thinks Global Horizons fully indemnified them, after detailing a back and forth between attorneys over the last two years, the compliant admits
an actual and genuine controversy exists between Kauai Coffee and Global Horizons concerning the latter's obligation to indemnify, defend and hold harmless Kauai Coffee against the EEOC Charges.
Kaua`i Coffee’s case for indemnification refers to the agreements to provide the labor saying.
The Agreements state that the contract workers furnished by Global Horizons to Kauai Coffee "will be employees of [Global Horizons] and will at all times be subject to the sole and direct supervision and control of [Global Horizons]." Exs. "1" and "2" at 9[ 3(a).
Pursuant to the Agreements, Global Horizons furnished Kauai Coffee with contract farm workers from Thailand (the "Workers") at various times during the period of approximately November 2004 ("Fall '04") through approximately June 2006 ("Summer '06").
But then they admit that
Per the Agreements, Kauai Coffee provided housing and transportation to the Workers. Exs. "1" and "2" atl 8(a).
It’s hard to see how if, as with the cases against Orian and Global Horizons, workers were held against their will that Kaua`i Coffee was fully unaware of what was going on and therefore were not accessory to the crime regardless of any indemnification.
As to the case for indemnification itself the complaint says
Paragraph 11(j) of the Agreements (the "Indemnity Provision") provides as follows:
[Global Horizons] hereby agrees to indemnify, defend and hold harmless [Kauai Coffee] and its affiliates and their directors, officers, agents and employees against any claim, obligation, liability, demand or cause of action, including without limit, costs of defense, settlement, and reasonable attorneys' fees, that results directly or indirectly from any acts or omissions of [Global Horizons] in providing services hereunder.
The complaint says Kauai` Coffee is asking
A. For a declaration that Global Horizons is required under the Agreements to indemnify, defend and hold harmless Kauai Coffee as to the EEOC Charges;
B. For an award of attorneys' fees and costs incurred by Kauai Coffee in maintaining this suit; and
C. For such other legal and/or equitable relief as the Court may deem just and proper.
As we said, since the EEOC complaints were made against Global Horizons and, as yet, no one has actually accused Kaua`i Coffee of anything the complaint itself seems like a case where the alleged perpetrator screams “I didn’t do it” before anyone tells them what it is they supposedly did.
A Honolulu Star Advertiser story on September 3 did say that:
More than a dozen farms in Hawaii were involved in what the FBI is calling the largest human trafficking case ever prosecuted in the U.S., according to a sweeping federal indictment unsealed yesterday
About 400 workers from Thailand circulated through island farms -- some were sent to the mainland -- through Global Horizons from May 2004 through September 2005. The workers were threatened with deportation and economic stress if they did not work, the indictment said...
"The FBI is attempting to learn the extent that these farms were aware of the forced labor conditions of its workers," Simon said. "With few exceptions, the farms have been cooperating with our investigation."...
The indictment also said Global Horizon confined workers to the property of the now-defunct Maui Pineapple Farm, posting guards to prevent the workers from running away.
Two of the defendants strung yellow tape around the Maui Pineapple housing area and installed bells on string lines in the woods to alert guards of escape attempts, according to the indictment.
If Kaua`i Coffee’s involvement was anything like that of Maui Pineapple it’s easy to see why they are seeking what amounts to a CYA (cover your ass) complaint seeking to separate themselves from any wrongdoing.
Filed in US District Court, it essentially claims that Global Horizons Manpower Inc - the company whose head, Mordechai Orian, is being held on a million dollars bail for various charges related to “exploiting 400 workers from Thailand and forcing them to work on U.S. farms” – indemnified them against anything and everything related to the EEOC complaints.
But of course it’s hard to imagine how they could have been anything but fully aware of the circumstances supporting the conditions since they occurred right under their noses.
Strangely enough- and possible illegally- the compliant reveals the names of those making the EEOC complaints. which are considered confidential according to federal law.
The charges- at least Kaua`i Coffee’s characterization of them, according to the complaint, are supposedly uniform, saying
According to the suit:
The EEOC Charges uniformly contain the following allegations:
I. Since [2004/2005/2006], 1 I have been harassed, subjected to different terms and conditions of employment, and intimidated in all aspects of employment with Global Horizons, due to my national origin (Thailand).
The year in which the discrimination complained of allegedly began differs depending on the individual EEOC Charge.
II. On many occasions, I objected [sic] the terms and conditions of employment but was ignored.
III. I believe I have been harassed, subjected to different terms and conditions of employment, and intimidated because of my national origin (Thailand) and retaliated against for engaging in a protected activity, in violation of Title VII of the Civil Rights Act of 1964, as amended.
IV. Further, since [200312004/2005], 2 I believe that employees as a class have been discriminated against due to their national origin (Thailand) and retaliated against for engaging in a protected activity, in violation of Title VII of the Civil Rights Act of 1964, as amended.
Though the complaint details and provides exhibits as to why Kaua`i Coffee thinks Global Horizons fully indemnified them, after detailing a back and forth between attorneys over the last two years, the compliant admits
an actual and genuine controversy exists between Kauai Coffee and Global Horizons concerning the latter's obligation to indemnify, defend and hold harmless Kauai Coffee against the EEOC Charges.
Kaua`i Coffee’s case for indemnification refers to the agreements to provide the labor saying.
The Agreements state that the contract workers furnished by Global Horizons to Kauai Coffee "will be employees of [Global Horizons] and will at all times be subject to the sole and direct supervision and control of [Global Horizons]." Exs. "1" and "2" at 9[ 3(a).
Pursuant to the Agreements, Global Horizons furnished Kauai Coffee with contract farm workers from Thailand (the "Workers") at various times during the period of approximately November 2004 ("Fall '04") through approximately June 2006 ("Summer '06").
But then they admit that
Per the Agreements, Kauai Coffee provided housing and transportation to the Workers. Exs. "1" and "2" atl 8(a).
It’s hard to see how if, as with the cases against Orian and Global Horizons, workers were held against their will that Kaua`i Coffee was fully unaware of what was going on and therefore were not accessory to the crime regardless of any indemnification.
As to the case for indemnification itself the complaint says
Paragraph 11(j) of the Agreements (the "Indemnity Provision") provides as follows:
[Global Horizons] hereby agrees to indemnify, defend and hold harmless [Kauai Coffee] and its affiliates and their directors, officers, agents and employees against any claim, obligation, liability, demand or cause of action, including without limit, costs of defense, settlement, and reasonable attorneys' fees, that results directly or indirectly from any acts or omissions of [Global Horizons] in providing services hereunder.
The complaint says Kauai` Coffee is asking
A. For a declaration that Global Horizons is required under the Agreements to indemnify, defend and hold harmless Kauai Coffee as to the EEOC Charges;
B. For an award of attorneys' fees and costs incurred by Kauai Coffee in maintaining this suit; and
C. For such other legal and/or equitable relief as the Court may deem just and proper.
As we said, since the EEOC complaints were made against Global Horizons and, as yet, no one has actually accused Kaua`i Coffee of anything the complaint itself seems like a case where the alleged perpetrator screams “I didn’t do it” before anyone tells them what it is they supposedly did.
A Honolulu Star Advertiser story on September 3 did say that:
More than a dozen farms in Hawaii were involved in what the FBI is calling the largest human trafficking case ever prosecuted in the U.S., according to a sweeping federal indictment unsealed yesterday
About 400 workers from Thailand circulated through island farms -- some were sent to the mainland -- through Global Horizons from May 2004 through September 2005. The workers were threatened with deportation and economic stress if they did not work, the indictment said...
"The FBI is attempting to learn the extent that these farms were aware of the forced labor conditions of its workers," Simon said. "With few exceptions, the farms have been cooperating with our investigation."...
The indictment also said Global Horizon confined workers to the property of the now-defunct Maui Pineapple Farm, posting guards to prevent the workers from running away.
Two of the defendants strung yellow tape around the Maui Pineapple housing area and installed bells on string lines in the woods to alert guards of escape attempts, according to the indictment.
If Kaua`i Coffee’s involvement was anything like that of Maui Pineapple it’s easy to see why they are seeking what amounts to a CYA (cover your ass) complaint seeking to separate themselves from any wrongdoing.
Wednesday, September 8, 2010
MUZZLED (Part 3)
MUZZLED (Part 3): While the subject line may not be as jarring as embezzlement and slavery, another story- one that may have much bigger implications for the island’s future- is striking for it’s absence from the local newspaper.
The big news ran in a Pacific Business News article headlined
Barking Sands Going Off Grid
A fragile domestic electricity grid makes military installations unnecessarily vulnerable.
The sub-head tells the rest of The Pacific Missile Range Facility’s (PRMF) side of the story including a target date of 2015.
You don’t have to be a mathematics genius to understand the untold story of the implication for rate-payers who are forced to remain on the grid and who will have to pay for all the established infrastructure of lines and generation facilities with fewer rate payers.
Actually you didn’t have to be a genius to predict it either. The “nitpickers”, who got their name from then Mayor Maryanne Kusaka for their efforts opposing the sale, did so during the deal-making process about a decade ago.
They knew that when the big users- specifically naming PMRF among them- decide to go off the grid the rate payers would suffer. And as home generation though wind and solar became cheaper and more widely available more families would leave the grid too making their- now our- old fissile fuel generation units, well, old fossils.
And you don’t have to be anything but observant to understand the links the local newspaper has to Kaua`i Island Utilities Cooperative (KIUC) to understand why the story was absent from its pages.
First of all, the firing of Business Editor Coco Zickos for not making kissy-face with the Chamber of Commerce crowd wasn’t the first time a business editor left under similar circumstances.
A few years back Business Editor Andy Gross was starting to ask questions about KIUC and publish answers that didn’t please the board and management. One weekend, while then weekend editor Paul Curtis read the latest installment of Gross’ investigative efforts he demanded Gross leave out the most embarrassing parts.
Gross essentially told Curtis “to take this job and shove it” but when the editor returned Monday, Gross wasn’t the only one out of a job. Curtis was fired and by the time Gross was offered his job back he had already found better paying employment and refused to return to a newspaper that censored news.
But why would Curtis- who has been rehired under Editor Nathan Eagle and reinstalled as weekend editor- care? For that you have to go back to the nascent days of The Kaua`i Times newspaper where then publisher Greg Gardiner gave Curtis his first newspaper job as Gardiner’s shill in his pro-development efforts.
Gardiner went on to lead the coop’s efforts to buy the utility at any price that owner Citizen’s Utilities asked- an original price that was dropped by over $50 million and, the nitpickers contended, should have been lowered much more with some, including PNN, saying they should have had to pay us to take it off their hands due to the other liabilities such as the toxic waste dump under the Ele`ele power plant.
Add to that the fact that KIUC is one of the biggest advertisers in the paper- using rate-payer’s bucks for happyface PR- and it doesn’t take a genius to figure out why news of the biggest user of electricity deciding to go it alone hasn’t made the pages of our “newspaper of record”.
A newspaper is more than just another business especially when it’s the only news source in town, small, independent, essentially one-person outlets like this notwithstanding.
“Without fear or favor” and “afflict the comfortable and comfort the afflicted” are more than just slogans. They are at the heart of responsible journalism- the kind our local Kaua`i newspaper apparently eschews if it displeases those who advertise with them.
The big news ran in a Pacific Business News article headlined
Barking Sands Going Off Grid
A fragile domestic electricity grid makes military installations unnecessarily vulnerable.
The sub-head tells the rest of The Pacific Missile Range Facility’s (PRMF) side of the story including a target date of 2015.
You don’t have to be a mathematics genius to understand the untold story of the implication for rate-payers who are forced to remain on the grid and who will have to pay for all the established infrastructure of lines and generation facilities with fewer rate payers.
Actually you didn’t have to be a genius to predict it either. The “nitpickers”, who got their name from then Mayor Maryanne Kusaka for their efforts opposing the sale, did so during the deal-making process about a decade ago.
They knew that when the big users- specifically naming PMRF among them- decide to go off the grid the rate payers would suffer. And as home generation though wind and solar became cheaper and more widely available more families would leave the grid too making their- now our- old fissile fuel generation units, well, old fossils.
And you don’t have to be anything but observant to understand the links the local newspaper has to Kaua`i Island Utilities Cooperative (KIUC) to understand why the story was absent from its pages.
First of all, the firing of Business Editor Coco Zickos for not making kissy-face with the Chamber of Commerce crowd wasn’t the first time a business editor left under similar circumstances.
A few years back Business Editor Andy Gross was starting to ask questions about KIUC and publish answers that didn’t please the board and management. One weekend, while then weekend editor Paul Curtis read the latest installment of Gross’ investigative efforts he demanded Gross leave out the most embarrassing parts.
Gross essentially told Curtis “to take this job and shove it” but when the editor returned Monday, Gross wasn’t the only one out of a job. Curtis was fired and by the time Gross was offered his job back he had already found better paying employment and refused to return to a newspaper that censored news.
But why would Curtis- who has been rehired under Editor Nathan Eagle and reinstalled as weekend editor- care? For that you have to go back to the nascent days of The Kaua`i Times newspaper where then publisher Greg Gardiner gave Curtis his first newspaper job as Gardiner’s shill in his pro-development efforts.
Gardiner went on to lead the coop’s efforts to buy the utility at any price that owner Citizen’s Utilities asked- an original price that was dropped by over $50 million and, the nitpickers contended, should have been lowered much more with some, including PNN, saying they should have had to pay us to take it off their hands due to the other liabilities such as the toxic waste dump under the Ele`ele power plant.
Add to that the fact that KIUC is one of the biggest advertisers in the paper- using rate-payer’s bucks for happyface PR- and it doesn’t take a genius to figure out why news of the biggest user of electricity deciding to go it alone hasn’t made the pages of our “newspaper of record”.
A newspaper is more than just another business especially when it’s the only news source in town, small, independent, essentially one-person outlets like this notwithstanding.
“Without fear or favor” and “afflict the comfortable and comfort the afflicted” are more than just slogans. They are at the heart of responsible journalism- the kind our local Kaua`i newspaper apparently eschews if it displeases those who advertise with them.
Labels:
Coco Zickos,
Journalsim,
KIUC,
local newspaper,
Maryanne Kusaka,
Paul Curtis,
PMRF
Tuesday, September 7, 2010
MUZZLED (Part 2)
MUZZLED (Part 2): With a tiny, unskilled, untalented and underpaid staff it might be understandable if the local Kaua`i newspaper missed a few stories.
But you’d also think that when the biggest agricultural plantation on the island is linked to charges of slavery it would get at least a little mention.
Readers and viewers of the Honolulu newspaper and TV news outlets respectively have no doubt heard reports about how:
More than a dozen farms in Hawaii were involved in what the FBI is calling the largest human trafficking case ever prosecuted in the U.S., according to a sweeping federal indictment unsealed (last week).
For those unfamiliar with the story according to the Star-Advertiser article linked above
About 400 workers from Thailand circulated through island farms -- some were sent to the mainland -- through Global Horizons from May 2004 through September 2005. The workers were threatened with deportation and economic stress if they did not work, the indictment said.
"This is the largest human trafficking case ever charged in United States history," FBI Special Agent Tom Simon said, referring to the number of victims.
"In the old days, they used to keep slaves in their place with whips and chains," Simon said in an interview. "Today, it is done with economic threats and intimidation."
Global Horizons recruits workers from foreign countries through the U.S. Department of Labor H-2A guest worker program to work on U.S. farms, including properties in four Hawaii counties.
Although the indictment itself (thanks to Larry Geller) - which describes how Thai farmers were duped into putting up the deeds to their land and then underpaid and held against their will- only mentions Maui Pineapple, toward the end of the article it goes on to describe how,
(Last) Tuesday, the Kauai Coffee Co. filed a lawsuit against Global Horizons. The two companies entered into an H-2A agreement for workers from Thailand in 2004.
Since 2006, 17 people have filed worker discrimination complaints against Kauai Coffee Co. through the U.S. Equal Employment Opportunity Commission, 15 of whom filed through the Honolulu office.
Kauai Coffee denies the allegations, but has had to defend itself against the EEOC charges, racking up attorneys' fees and associated court costs. Kauai Coffee claims in its lawsuit that Global Horizons should be defending the charges on its behalf.
An attorney representing Kauai Coffee declined comment yesterday, citing the continuing case.
Seventeen EEOC complaints? And Kaua`i Coffee is apparently not only refusing to cooperate with the feds but is trying to stave off indictment but countersuing to get the jump on them.
And it’s not as if the local paper’s Editor Nathan Eagle hasn’t heard about it. According to sources he was not only questioned as to why he didn’t at least run an Associated Press story based on the S-A’s article, but according to one person he bristled at “insinuation” of the question.
We’re not “insinuating” anything. We’re saying it straight out.
After the firing of business Editor Coco Zickos for what she describes as not doing enough to make the business community happy it’s not much of a stretch to think that Eagle would think twice about revealing the allegations of slavery at Kaua`i Coffee- a huge mainstay of the business community, not to mention an advertiser who has had glowing coverage of the taste of their coffee despite the fact that coffee connoisseurs think that, after all these years, it still “sucks” due to it’s high “green” (unripe) bean content related to their mechanized harvesting methods.
We’re working on getting hold of Kaua`i Coffee’s suit.
If nobody knows the troubles we’ve seen, there’s little disputing that you can blame it on the local newspaper which apparently likes it that way just fine, thank you..
But you’d also think that when the biggest agricultural plantation on the island is linked to charges of slavery it would get at least a little mention.
Readers and viewers of the Honolulu newspaper and TV news outlets respectively have no doubt heard reports about how:
More than a dozen farms in Hawaii were involved in what the FBI is calling the largest human trafficking case ever prosecuted in the U.S., according to a sweeping federal indictment unsealed (last week).
For those unfamiliar with the story according to the Star-Advertiser article linked above
About 400 workers from Thailand circulated through island farms -- some were sent to the mainland -- through Global Horizons from May 2004 through September 2005. The workers were threatened with deportation and economic stress if they did not work, the indictment said.
"This is the largest human trafficking case ever charged in United States history," FBI Special Agent Tom Simon said, referring to the number of victims.
"In the old days, they used to keep slaves in their place with whips and chains," Simon said in an interview. "Today, it is done with economic threats and intimidation."
Global Horizons recruits workers from foreign countries through the U.S. Department of Labor H-2A guest worker program to work on U.S. farms, including properties in four Hawaii counties.
Although the indictment itself (thanks to Larry Geller) - which describes how Thai farmers were duped into putting up the deeds to their land and then underpaid and held against their will- only mentions Maui Pineapple, toward the end of the article it goes on to describe how,
(Last) Tuesday, the Kauai Coffee Co. filed a lawsuit against Global Horizons. The two companies entered into an H-2A agreement for workers from Thailand in 2004.
Since 2006, 17 people have filed worker discrimination complaints against Kauai Coffee Co. through the U.S. Equal Employment Opportunity Commission, 15 of whom filed through the Honolulu office.
Kauai Coffee denies the allegations, but has had to defend itself against the EEOC charges, racking up attorneys' fees and associated court costs. Kauai Coffee claims in its lawsuit that Global Horizons should be defending the charges on its behalf.
An attorney representing Kauai Coffee declined comment yesterday, citing the continuing case.
Seventeen EEOC complaints? And Kaua`i Coffee is apparently not only refusing to cooperate with the feds but is trying to stave off indictment but countersuing to get the jump on them.
And it’s not as if the local paper’s Editor Nathan Eagle hasn’t heard about it. According to sources he was not only questioned as to why he didn’t at least run an Associated Press story based on the S-A’s article, but according to one person he bristled at “insinuation” of the question.
We’re not “insinuating” anything. We’re saying it straight out.
After the firing of business Editor Coco Zickos for what she describes as not doing enough to make the business community happy it’s not much of a stretch to think that Eagle would think twice about revealing the allegations of slavery at Kaua`i Coffee- a huge mainstay of the business community, not to mention an advertiser who has had glowing coverage of the taste of their coffee despite the fact that coffee connoisseurs think that, after all these years, it still “sucks” due to it’s high “green” (unripe) bean content related to their mechanized harvesting methods.
We’re working on getting hold of Kaua`i Coffee’s suit.
If nobody knows the troubles we’ve seen, there’s little disputing that you can blame it on the local newspaper which apparently likes it that way just fine, thank you..
Monday, September 6, 2010
MUZZLED AGAIN (Part 1)
MUZZLED AGAIN (Part 1): When. business editor at the local newspaper Coco Zickos was unceremoniously fired for not kow-towing enough to the business community- as PNN exclusively reported a month ago- we knew changes were probably in the works.
It wouldn’t be the first time advertisers clamped down on content they didn’t want people to see as PNN reported on it’s Parxist Conspiracy television newsmagazine in the late 1990’s.
But little did we suspect it might be the beginning of the wholesale censoring of Kaua`i based news that reflects poorly on some the islands biggest “industries”.
Yet at least twice in the last week, while other news outlets have reported on stories of alleged illegal activities on the island the local newspaper has remained silent.
The first, as you might suspect if you read our Aug. 26 post regarding the “Informational Briefing” led by Senate Ways and Means Chair Donna Mercado Kim investigating, among other things, is about, as the agenda said, the
a. Status of the employee embezzlement investigation
b. Explanation of the overpayment, reinstatement, and settlement of the employee that walked off the job
c. Status of the Mitigation of TSA (Transportation Security Administration) fines on Kauai – mitigation
d. Costs to the State, airlines, and travelers from the security breach at Lihue Airport on September 11, 2009
(e) Grove Farm – status of the helipad expansion and status of information requested by the Committee in letter dated July 22, 2010, regarding enhancements to the access points for the Grove Farm land , the value and costs of the enhancements, and whether an enhancement fee was negotiated as part of the contract
You’d think that the paper would have at least watched the hearing on line if not sent someone to the hearing that could negatively effect tourism, the biggest industry on the island. Or maybe they could have just read the stories at the KITV web site which is apparently the only news outlet that covered the hearing.
In the first of two articles- which are much more comprehensive than the video report also available at their web site- they described how, as the headline says
Kauai Airport Supervisor Fired For Theft
She Was Put On Leave With Pay After Admitting To Stealing
The article itself reveals
A supervisor at Lihue Airport who admitted to stealing thousands of dollars in an embezzlement case has been fired after state transportation officials put her on leave with pay for nearly two months while they investigated the case.
The state transportation director admitted Tuesday what employees have complained about for years: that there's a management problem at Lihue Airport.
Sources told KITV 4 News a business services supervisor at Lihue Airport, who oversees four other people, admitted to stealing about $13,000 from the state over several months. Some of it was money that airline employees, vendors and others pay for annual airport security badges.
The state placed her on leave with pay after she admitted to airport officials in writing to the theft in early July, according to Sidney Hayakawa, an administrative services officer with the state department of transportation.
The woman, who has not yet been charged with a crime, kept collecting her paycheck for nearly two months until she was fired Thursday, he said.
Though KITV- and apparently those at the hearing- did not name the employee, by simply cross-referencing mentions of the employee’s position in earlier article with the listing at the DOT web site one of PNN's investigators has deduced the employee’s name is Finance Director Maycia Matsuyoshi.
Kim was apparently incredulous, not only at the embezzlement but at Matsuyoshi’s treatment after being caught.
"Why would she be put on leave with pay?” Kim asked during a hearing Tuesday at the state capitol.
"Because we wanted her to be available to come back, because we needed to re-interview her. And that's what's happening right now, the AGs have to re-interview her and she was available to them," Hayakawa said.
"You still have to go through an investigation and you have to verify that wrongdoing is evident and had occurred," said State Transportation Director Brennon Morioka, noting that even people who’ve admitted wrongdoing deserve due process.
Airport records show the woman was paid anywhere from $35,000 to $54,000 a year. Hayakawa said officials could have put her on unpaid leave while they investigated, but they chose not to.
The report also says KITV “found four small claims judgments against the woman since 1998.”
But that incident isn’t all the committee investigated. It goes on to say:
There are other problems at Lihue airport. It was the only airport in Hawaii to pay security fines to the Transportation Security Administration recently. Lihue paid $75,000 worth of security fines to the TSA for 15 security lapses between March of 2009 and 2010.
"The management at Kauai airport seems to be problematic. And this is just one more, on top of all the issues we've seen on Kauai," Kim said.
In another incident, an airport operations controller frustrated with management at Lihue walked off the job in late 2008 and no one bothered to notify personnel officials to stop his paycheck for weeks, so he was overpaid about $5,000.
Earlier this year, he was allowed to return to work at the airport, keeping the extra $5,000 in overpaid salary and 880 hours of accrued sick leave.
If they could rewind the situation “we would have looked at recouping the money for his salary overpayment,” Morioka said....
“It seems to me they could do a reality show at Kauai Airport,” said State Sen. Sam Slom (R-Hawaii Kai, Diamond Head, Kahala).
Want more?
In another incident, airport manager George Crabbe lost track of two people he was escorting behind security checkpoints on Sept. 11, 2009, resulting in the Lihue airport terminal being evacuated and shut down and passengers re-screened.
That disrupted scheduled flights on Kauai. “In spite of my personal embarrassment of being the cause of the disruption, the alternative of not taking this step to ensure terminal safety would have been worse,” Crabbe wrote in a statement to his superiors at the DOT.
“I take sole responsibility for the events that led to this disruption and I cannot fully express the mortification and regret my momentary lapse of attention caused,” Crabbe said in the statement.
The second article deals with the resignation of former Deputy Transportation Director Brian Sekiguchi who is now involved in an ethics probe for allegedly “accepting free tickets from an airport vendor to attend the Masters golf tournament in Augusta, Ga., in April of 2009 (and) not put(ting) in for vacation leave for one day of that same April vacation.”
But late in the article it refers back to what apparently caused Sekiguchi to resign three weeks ago saying:
Several other incidents and problems raised questions about the management of the airports division, which Sekiguchi oversaw since 2003 before resigning in August.
On July 27, state Procurement Office Administrator Aaron Fujioka found the state Department of Transportation violated procurement law when it hired two airport security consultants through Securitas Security Services USA, an airport security contractor.
The incident was previously reported to involve dealings with former county Finance Director Mike Tressler, now a vice president at Grove Farm which handsomely profited by the overpayment which paid out more than double what the property was really worth.
Tomorrow in part 2 we’ll let you know about an even bigger blockbuster ignored by the local “news”paper- one that could have severe repercussions that bode ill for the future of agriculture on Kaua`i.
------
It’s time to send letter to stop Linda Lingle’s lame duck attempt to make horrendous wholesale changes to the conservation district rule which the Department of Land and Natural Resources is proposing. Go to Marti Townsend’s KAHEA website for a handy-dandy way to do so.
It wouldn’t be the first time advertisers clamped down on content they didn’t want people to see as PNN reported on it’s Parxist Conspiracy television newsmagazine in the late 1990’s.
But little did we suspect it might be the beginning of the wholesale censoring of Kaua`i based news that reflects poorly on some the islands biggest “industries”.
Yet at least twice in the last week, while other news outlets have reported on stories of alleged illegal activities on the island the local newspaper has remained silent.
The first, as you might suspect if you read our Aug. 26 post regarding the “Informational Briefing” led by Senate Ways and Means Chair Donna Mercado Kim investigating, among other things, is about, as the agenda said, the
a. Status of the employee embezzlement investigation
b. Explanation of the overpayment, reinstatement, and settlement of the employee that walked off the job
c. Status of the Mitigation of TSA (Transportation Security Administration) fines on Kauai – mitigation
d. Costs to the State, airlines, and travelers from the security breach at Lihue Airport on September 11, 2009
(e) Grove Farm – status of the helipad expansion and status of information requested by the Committee in letter dated July 22, 2010, regarding enhancements to the access points for the Grove Farm land , the value and costs of the enhancements, and whether an enhancement fee was negotiated as part of the contract
You’d think that the paper would have at least watched the hearing on line if not sent someone to the hearing that could negatively effect tourism, the biggest industry on the island. Or maybe they could have just read the stories at the KITV web site which is apparently the only news outlet that covered the hearing.
In the first of two articles- which are much more comprehensive than the video report also available at their web site- they described how, as the headline says
Kauai Airport Supervisor Fired For Theft
She Was Put On Leave With Pay After Admitting To Stealing
The article itself reveals
A supervisor at Lihue Airport who admitted to stealing thousands of dollars in an embezzlement case has been fired after state transportation officials put her on leave with pay for nearly two months while they investigated the case.
The state transportation director admitted Tuesday what employees have complained about for years: that there's a management problem at Lihue Airport.
Sources told KITV 4 News a business services supervisor at Lihue Airport, who oversees four other people, admitted to stealing about $13,000 from the state over several months. Some of it was money that airline employees, vendors and others pay for annual airport security badges.
The state placed her on leave with pay after she admitted to airport officials in writing to the theft in early July, according to Sidney Hayakawa, an administrative services officer with the state department of transportation.
The woman, who has not yet been charged with a crime, kept collecting her paycheck for nearly two months until she was fired Thursday, he said.
Though KITV- and apparently those at the hearing- did not name the employee, by simply cross-referencing mentions of the employee’s position in earlier article with the listing at the DOT web site one of PNN's investigators has deduced the employee’s name is Finance Director Maycia Matsuyoshi.
Kim was apparently incredulous, not only at the embezzlement but at Matsuyoshi’s treatment after being caught.
"Why would she be put on leave with pay?” Kim asked during a hearing Tuesday at the state capitol.
"Because we wanted her to be available to come back, because we needed to re-interview her. And that's what's happening right now, the AGs have to re-interview her and she was available to them," Hayakawa said.
"You still have to go through an investigation and you have to verify that wrongdoing is evident and had occurred," said State Transportation Director Brennon Morioka, noting that even people who’ve admitted wrongdoing deserve due process.
Airport records show the woman was paid anywhere from $35,000 to $54,000 a year. Hayakawa said officials could have put her on unpaid leave while they investigated, but they chose not to.
The report also says KITV “found four small claims judgments against the woman since 1998.”
But that incident isn’t all the committee investigated. It goes on to say:
There are other problems at Lihue airport. It was the only airport in Hawaii to pay security fines to the Transportation Security Administration recently. Lihue paid $75,000 worth of security fines to the TSA for 15 security lapses between March of 2009 and 2010.
"The management at Kauai airport seems to be problematic. And this is just one more, on top of all the issues we've seen on Kauai," Kim said.
In another incident, an airport operations controller frustrated with management at Lihue walked off the job in late 2008 and no one bothered to notify personnel officials to stop his paycheck for weeks, so he was overpaid about $5,000.
Earlier this year, he was allowed to return to work at the airport, keeping the extra $5,000 in overpaid salary and 880 hours of accrued sick leave.
If they could rewind the situation “we would have looked at recouping the money for his salary overpayment,” Morioka said....
“It seems to me they could do a reality show at Kauai Airport,” said State Sen. Sam Slom (R-Hawaii Kai, Diamond Head, Kahala).
Want more?
In another incident, airport manager George Crabbe lost track of two people he was escorting behind security checkpoints on Sept. 11, 2009, resulting in the Lihue airport terminal being evacuated and shut down and passengers re-screened.
That disrupted scheduled flights on Kauai. “In spite of my personal embarrassment of being the cause of the disruption, the alternative of not taking this step to ensure terminal safety would have been worse,” Crabbe wrote in a statement to his superiors at the DOT.
“I take sole responsibility for the events that led to this disruption and I cannot fully express the mortification and regret my momentary lapse of attention caused,” Crabbe said in the statement.
The second article deals with the resignation of former Deputy Transportation Director Brian Sekiguchi who is now involved in an ethics probe for allegedly “accepting free tickets from an airport vendor to attend the Masters golf tournament in Augusta, Ga., in April of 2009 (and) not put(ting) in for vacation leave for one day of that same April vacation.”
But late in the article it refers back to what apparently caused Sekiguchi to resign three weeks ago saying:
Several other incidents and problems raised questions about the management of the airports division, which Sekiguchi oversaw since 2003 before resigning in August.
On July 27, state Procurement Office Administrator Aaron Fujioka found the state Department of Transportation violated procurement law when it hired two airport security consultants through Securitas Security Services USA, an airport security contractor.
The incident was previously reported to involve dealings with former county Finance Director Mike Tressler, now a vice president at Grove Farm which handsomely profited by the overpayment which paid out more than double what the property was really worth.
Tomorrow in part 2 we’ll let you know about an even bigger blockbuster ignored by the local “news”paper- one that could have severe repercussions that bode ill for the future of agriculture on Kaua`i.
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It’s time to send letter to stop Linda Lingle’s lame duck attempt to make horrendous wholesale changes to the conservation district rule which the Department of Land and Natural Resources is proposing. Go to Marti Townsend’s KAHEA website for a handy-dandy way to do so.
Friday, September 3, 2010
VOTE FOR NEIL ABERCROMBIE FOR GOVERNOR
VOTE FOR NEIL ABERCROMBIE FOR GOVERNOR
Neil Abercrombie is the best candidate for governor we’ve seen in a generation or two- perhaps ever- and PNN wholeheartedly supports his candidacy in the September 18 democratic primary.
While we have been severely disappointed with Neil for things like his support for war funding and the militarization of the islands along with his recent flip flop on off-shore oil drilling, he presents a genuine chance for the kind of progressive leadership we seek from the fifth floor of the capitol.
His opponent Mufi Hannemann is a master of corrupt “pay to play” politics and one of the sleaziest politicians in the political history of the islands. Mufi is a corrupt, ego-driven, heartless braggart and bully that could be actually somehow be worse for the state than current governor Linda Lingle.
He has managed to take an extremely popular idea, a rail system for the city and county, and turn it into a divisive project by insisting on a “my way or the highway” elevated design that has been rejected in almost every major city in the country of late- one designed to enrich favored developers and construction companies rather than one derived through good planning and a public-input-based buy-in.
His horrific rousting and demonization of the homeless of Honolulu makes the damage he could do to these poor souls as governor alarming. His penchant for dirty politics is legendary as is his fondness for surrounding himself with “yes-men” to carry out his policies designed only to further his political career.
While we’ve been around the block enough times to know that campaign promises don’t mean much, Abercrombie’s support for sustainable practices and a clean-energy future for the state along with his stand on civil rights and other issues makes him an obvious choice for governor.
While it does say something about the choices we are routinely faced with at the polls, Neil Abercrombie is the probably the best option for governor we’ve ever had on the ballot and we’re happy to support him.
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Note: Because 14 of the 14 candidates for Kaua`i County Council will be moving on to the November elections we will NOT be picking council candidates for the primary elections.
(The date of the primary in the original post was incorrect. This version has been corrected)
Neil Abercrombie is the best candidate for governor we’ve seen in a generation or two- perhaps ever- and PNN wholeheartedly supports his candidacy in the September 18 democratic primary.
While we have been severely disappointed with Neil for things like his support for war funding and the militarization of the islands along with his recent flip flop on off-shore oil drilling, he presents a genuine chance for the kind of progressive leadership we seek from the fifth floor of the capitol.
His opponent Mufi Hannemann is a master of corrupt “pay to play” politics and one of the sleaziest politicians in the political history of the islands. Mufi is a corrupt, ego-driven, heartless braggart and bully that could be actually somehow be worse for the state than current governor Linda Lingle.
He has managed to take an extremely popular idea, a rail system for the city and county, and turn it into a divisive project by insisting on a “my way or the highway” elevated design that has been rejected in almost every major city in the country of late- one designed to enrich favored developers and construction companies rather than one derived through good planning and a public-input-based buy-in.
His horrific rousting and demonization of the homeless of Honolulu makes the damage he could do to these poor souls as governor alarming. His penchant for dirty politics is legendary as is his fondness for surrounding himself with “yes-men” to carry out his policies designed only to further his political career.
While we’ve been around the block enough times to know that campaign promises don’t mean much, Abercrombie’s support for sustainable practices and a clean-energy future for the state along with his stand on civil rights and other issues makes him an obvious choice for governor.
While it does say something about the choices we are routinely faced with at the polls, Neil Abercrombie is the probably the best option for governor we’ve ever had on the ballot and we’re happy to support him.
--------
Note: Because 14 of the 14 candidates for Kaua`i County Council will be moving on to the November elections we will NOT be picking council candidates for the primary elections.
(The date of the primary in the original post was incorrect. This version has been corrected)
Labels:
2010 Election,
Linda Lingle,
Mufi Hannamann,
Neil Abercrombie
Thursday, September 2, 2010
DON’T VOTE FOR TOKIOKA, SAGUM OR KOUCHI FOR STATE LEGISLATURE OR INOUYE FOR US SENATE
DON’T VOTE FOR TOKIOKA, SAGUM OR KOUCHI FOR STATE LEGISLATURE OR INOUYE FOR US SENATE
(PNN) -- Jimmy Tokioka (State House 15th), Roland Sagum (State House 16th), Ron Kouchi (State Senate 7th) and Daniel Inouye (US Senate) are some of the most objectionable reprehensible people on the Kaua`i ballot and we urge voters to vote for their opponents in the Democratic Primary September 18.
While their opponents- Rhoda Libre (House 14th) Dee Morikawa (House 15th) John Sydney Yamane (Senate 7th) and Andy Woerner (US Senate)- are unknown quantities and we can’t really say they would support the issues we hold dear or be great legislators but they certainly cannot be or do any worse.
Tokioka- a former Republican councilmember who opportunistically switched parties when he ran for the legislature- is a racist philanderer who has been a thorn in the side of the controlled growth, progressive community for more than a decade. Among his other offenses at the legislature was his obstinate opposition to civil rights during the civil unions debacle.
Sagum is a developer who also opposed civil unions and recently even represented the owner of infamous north shore mansion “farm dwelling” before the planning commissions.
Kouchi has had a long history on the council, leading the land-rape efforts during the 90’s- before acknowledging his shameful actions, claiming he had “reformed” when he ran for mayor- then moving on to represent the latest developer of the old Westin property in a huge zoning giveaway disguised as a gift of un-developable coastal land to the county.
Inouye, the old war monger, needs no introduction to those who have opposed his single handed militaristic buildup in Hawai`i for many decades. He’s been a mainstay in the theft of Hawaiian lands for generations and a key cog in the genocide. Twenty years ago he led the Democratic effort in the senate to ignore Ronald Reagan’s Iran contra involvement.
Libre, Morikawa, Yamane and Woerner have given us a choice. Let’s take advantage of it.
(PNN) -- Jimmy Tokioka (State House 15th), Roland Sagum (State House 16th), Ron Kouchi (State Senate 7th) and Daniel Inouye (US Senate) are some of the most objectionable reprehensible people on the Kaua`i ballot and we urge voters to vote for their opponents in the Democratic Primary September 18.
While their opponents- Rhoda Libre (House 14th) Dee Morikawa (House 15th) John Sydney Yamane (Senate 7th) and Andy Woerner (US Senate)- are unknown quantities and we can’t really say they would support the issues we hold dear or be great legislators but they certainly cannot be or do any worse.
Tokioka- a former Republican councilmember who opportunistically switched parties when he ran for the legislature- is a racist philanderer who has been a thorn in the side of the controlled growth, progressive community for more than a decade. Among his other offenses at the legislature was his obstinate opposition to civil rights during the civil unions debacle.
Sagum is a developer who also opposed civil unions and recently even represented the owner of infamous north shore mansion “farm dwelling” before the planning commissions.
Kouchi has had a long history on the council, leading the land-rape efforts during the 90’s- before acknowledging his shameful actions, claiming he had “reformed” when he ran for mayor- then moving on to represent the latest developer of the old Westin property in a huge zoning giveaway disguised as a gift of un-developable coastal land to the county.
Inouye, the old war monger, needs no introduction to those who have opposed his single handed militaristic buildup in Hawai`i for many decades. He’s been a mainstay in the theft of Hawaiian lands for generations and a key cog in the genocide. Twenty years ago he led the Democratic effort in the senate to ignore Ronald Reagan’s Iran contra involvement.
Libre, Morikawa, Yamane and Woerner have given us a choice. Let’s take advantage of it.
Wednesday, September 1, 2010
SITTING ON A SOFA ON A SUNDAY AFTERNOON
SITTING ON A SOFA ON A SUNDAY AFTERNOON...: Few who saw it would deny that Monday’s gubernatorial debate was a disgusting display of ego-driven bravado, and rabblerousing, childish repartee with an emphasis on zingers and gotcha moments that made no one look good.
And the candidates themselves were pretty out there too.
Of course we’re not talking about Neil and Mufi but the (what passes for) Hawai`i News Now(a'days) production which was more reminiscent of a World Wrestling Federation event than a political forum.
The circus extravaganza- led by Kaua`i-born Keahi Tucker in the “Lets’ get ready to grumble” Vince McMahon role- wasn’t something that just got out of hand but was apparently a preplanned attempt to keep an audience glued to the tube through an hour and a half of “you stink, no you stink, nani-nani-boo-boo, halahhh!” rather than inform the electorate.
First they invited an audience straight out of Jerry Springer even setting up “sides” of the room with the most rabid of supporters of each candidate. Then they told them they could whoop and holler in a cheering manner but no hissing and booing.
Yeah, that’ll work.
Then there was Tucker, running around like Phil Donahue on steroids during the “lightening round”. After not asking but telling the two candidates that he was going to address them by their first names- eliciting a slight scowl from both- he proceeded to whip the crowd into a frenzy with insipid questions straight out of an MTV “news” segment.
It was a good thing he ran out of time before asking “boxers or briefs”.
And the questions from the so-called distinguished panel- including the “weather-bunny” turned anchor, the hack reporter/analyst from the co-sponsoring Star(ved for actual news) Advertiser that hasn’t had a political insight since the Burns administration. Only Dan Boylan’s presence prevented the group from having the cumulative political IQ of a sea cucumber.
We fully expected a scantily clad model to waltz across the stage holding up cards indicating which round it was..
Not that political races are by any means dignified affairs these day but you’d think the sponsors would do all they could to encourage a semblance of decorum rather than pulling up to the stage in a tiny car and unloading a group of clowns to ask the questions.
We expect bread and circuses from the pols but when the media provides the big top and the virtual popcorn. it’s no wonder campaigns are decided by who, issues be damned, is the least objectionable.
And the candidates themselves were pretty out there too.
Of course we’re not talking about Neil and Mufi but the (what passes for) Hawai`i News Now(a'days) production which was more reminiscent of a World Wrestling Federation event than a political forum.
The circus extravaganza- led by Kaua`i-born Keahi Tucker in the “Lets’ get ready to grumble” Vince McMahon role- wasn’t something that just got out of hand but was apparently a preplanned attempt to keep an audience glued to the tube through an hour and a half of “you stink, no you stink, nani-nani-boo-boo, halahhh!” rather than inform the electorate.
First they invited an audience straight out of Jerry Springer even setting up “sides” of the room with the most rabid of supporters of each candidate. Then they told them they could whoop and holler in a cheering manner but no hissing and booing.
Yeah, that’ll work.
Then there was Tucker, running around like Phil Donahue on steroids during the “lightening round”. After not asking but telling the two candidates that he was going to address them by their first names- eliciting a slight scowl from both- he proceeded to whip the crowd into a frenzy with insipid questions straight out of an MTV “news” segment.
It was a good thing he ran out of time before asking “boxers or briefs”.
And the questions from the so-called distinguished panel- including the “weather-bunny” turned anchor, the hack reporter/analyst from the co-sponsoring Star(ved for actual news) Advertiser that hasn’t had a political insight since the Burns administration. Only Dan Boylan’s presence prevented the group from having the cumulative political IQ of a sea cucumber.
We fully expected a scantily clad model to waltz across the stage holding up cards indicating which round it was..
Not that political races are by any means dignified affairs these day but you’d think the sponsors would do all they could to encourage a semblance of decorum rather than pulling up to the stage in a tiny car and unloading a group of clowns to ask the questions.
We expect bread and circuses from the pols but when the media provides the big top and the virtual popcorn. it’s no wonder campaigns are decided by who, issues be damned, is the least objectionable.
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