PAY THE LADY

PAY THE LADY: Kaua`i County Council meetings are generally political exercises with long-winded, often well-deserved finger pointing at a stumble-bum mayor and his ever expanding cadre of appointed dimwitted cronies being the rule rather than the exception.

So it was no surprise that the subject of paying them all resulted in a few of the wilder politically-tinged sessions, with each councilmember unable to agree with any of the others on what the biggest issue was but all agreeing there's something rotten in the state of Lihu`e.

We've yet to view yesterday's finale to the latest chapter in the continuing saga regarding the most recent Salary Commission resolution where it was allowed to become law, if (always a big if) the local newspaper article is to be believed.

But anyone who has paid attention over the years knows that the debacle of political gamesmanship in every nook and cranny of Kaua`i government is the result of an ironic and iconic self-lit exploding cigar.

The subject of any legislative body's salaries is always a touchy subject. Kaua`i was no different and decades back the Salary Commission (SC) was created to take some of the pressure off the council so they could get a raise without really proposing one.

The only problem was that even with a recommendation from the SC, the council still had to ultimately vote to raise their own salaries. They tried some tinkering over the years, once to change the county charter to make any raise take effect only after the next election. But that didn't do any good because everyone knew that the incumbents were reelected over and over.

So throughout the 90's and into the 2000's, the council's, the mayor's and all other appointed officials' salaries remained the same because the council couldn’t stand the political heat associated with raising them. The council's salary for what was turning into a full time job as the island grew, was stuck at $28,000 and $32,000 for the chair. Some of their clerks were getting almost twice that.

It got to the point where civil service workers in many departments were getting paid a lot more than the department heads. In one case the salary for the County Engineer- the head of the Public Works Department- was so low he quit to take a civil service job in the behemoth department, leaving the job open for many years because no one who was qualified would take it.

Finally a solution was proposed. In an "experiment to take the politics out of the process," as it was called, the SC resolution wasn't advisory any more but would automatically take effect unless five or more members of the council voted stop it.

But really it was just an illusory change and although the smoke and mirror machines were fully engaged, people saw- or at least the council assumed the people saw, which is the same thing- that the council was still, in essence, in charge of either accepting or rejecting their own raises.

Though the first few raises went through with minimal grumbling because voters accepted the "salary inversion" excuse cited above, no one foresaw that the exponentially ballooning pay raises contained in the multiple-year resolutions would become outrageous when things like "furlough Fridays" and 5% pay cuts came about after the bottom fell out of the free enterprise system.

All of a sudden the whole process had to be reversed and the council was faced with a "yes means no and no means yes" situation where allowing the current resolution to pass would actually be giving out pay cuts and voting to reject the reso would allow raises to go into effect.

That's where the incompetence of the local newspaper comes in because none of the council members trusted reporter Leo Azambuja to correctly report the story so each councilmember, with visions of "Council Votes For Pay Raise Resolution" headlines, came up with his or her own excuse for why they were voting against the reso.

Some cited the March 15 date in the charter by which the resolution "shall" be forwarded to the council. One cited the apparent ethical violation allowing Boards and Commissions Administrator John Isobe to write the actual resolution lowering everyone's salary but giving himself a raise. Another claimed that the mayor directed the whole thing, charging impropriety through interference with the supposedly independent SC. Still another complained about the fact that the budget didn’t reflect the resolution even though the amounts were actually less than the salaries appropriated in the budget.

It got so wild that, in an unprecedented move, County Attorney Al Castillo took the hot seat and gave off-the-cuff verbal legal advice, trying to placate councilmembers' various phoney finaglings, with often conflicting and confusing opinions... made all the more perplexing when Castillo's deputy Mona Clarke sat in and gave even more advice, much of which was at odds with Castillo's counsel.

It's no wonder that the the council couldn’t even actively decide to "receive" the reso, essentially killing it and had to kill it via a reported tie vote which had the same effect of receiving it but without the full set of fingerprints.

Meanwhile any changes to Article XXIX of the charter regarding the Salary Commission isn't even on the radar screen of the Charter Commission which is contemplating asking voters once again to remove the prohibition on board and commission members from asking for money, favors and otherwise lobbying the council, planning commission and other boards and commissions... even though the same amendment was soundly rejected in 2010.

If campaign money is the mother's milk of politics then the actual salaries of elected officials is the meat and potatoes. But either way there's bound to a nice buffet spread to enable the expected politically-motivated food fight when next year's salary resolution hits the council floor.

DOIN' A BANG-BANG UP JOB

DOIN' A BANG-BANG UP JOB: Kaua`i police, weapons drawn, descended on the old Lihu`e courthouse today, firing at random.

And they will be all week if they act in accordance with a press release issued by the Kaua`i Police Department (KPD) yesterday afternoon that apparently somehow failed to make it into today's local newspaper.

Although according to the press release it's only an "official training" exercise using "blanks," with the total lack of notification of the populace at large we expect that if all goes as planned, people will be diving under cars or running in circles, hands to cheeks, shrieking at the top of their lungs in fright since no one in KPD thought to issue the release earlier or make sure people were properly informed.

The whole release reads:

Police to conduct training exercise this week

LĪHU`E – The Kaua‘i Police Department (KPD) will be conducting official training today through Thursday, between the hours of 7:45 a.m. and 4:30 p.m., at the former Fifth Circuit Court Building located on Umi Street in Līhu‘e.

The public may see officers in the vicinity of the building with weapons drawn. Please note that this is only training. No live munitions will be used, although the sounds of blank rounds may be heard.

KPD requests the public’s assistance in keeping a distance from, and not interfering with the training exercise.

Of course it would have helped if the Honolulu newspaper's on-line edition wasn't hidden behind their pay wall because in a tiny, buried, somewhat more sensational blurb in their "Newswatch" briefs they told people- well actually they told only their paid subscribers- that:

Police training on Umi Street will involve guns

The Kauai Police Department will be conducting realistic-looking training through Thursday at the former 5th Circuit Court Building on Umi Street in Lihue, the county said in a news release.

The public might see officers in the vicinity of the building with weapons drawn and might hear gunfire, but the rounds will be blank. The exercise began Monday and will run between 7:45 a.m. and 4:30 p.m.

Of course if people drop dead from a heart attack or do something stupid like get hit by a breadtruck after running out into traffic in a panic, there will be plenty of blame to go around since the local newspaper apparently had plenty of time and opportunity to get the news out by press time.

You would think with something as important as the fact those cops firing weapons in an apparent assault on a building in the central Lihu`e Civic Center area are, in fact, "only joking" would be something people would actually be informed about.

But noooo- not on Kaua`i. Apparently it's just another one for the "can't anyone here play this game?" file.

BEWARE THE IDES OF MARCH

BEWARE THE IDES OF MARCH: Reading the local newspaper for information is normally like drinking diet soda looking for nutrition. And when it comes to government beat reporter Leo Azambuja's dispatches, it's often as if someone slipped a Mickey in your drink.

But if a particularly complicated discussion takes place in the council chambers, readers will probably wind up with a can of dehydrated water.

Such was our little buddy's report on the Salary Commission resolution being considered by the council last Wednesday, mostly because the very basic prerequisite facts for understanding what happened were either missing, mentioned without any context or explanation, or placed at the very end of the article.

One such missing fact is that the way salaries for appointed and elected officials are designated in the Kaua`i County Charter is that our Salary Commission set "caps" for the amount and then the appointing authority in each case designates the actual salaries. And, most importantly, the council must actively reject the resolution from the commission with at least five votes or it is automatically deemed to have been passed.

Those few words might have made the article intelligible but the "automatic passage" fact was missing in action and the words "appointing authority" not only appear 1022 words into a 1330 word piece but just kind of float there like a bug in our aforementioned soft drink.

But really that's beside the point because the real news from the meeting- what should have been the "lede"- could be summed up in the headline: Rapozo Levels Ethics Charges Against Isobe In Pay Raise Flap.

In all fairness this is what did appear 217 words before the end of the article:

Rapozo said it was ironic that the person who crafted the resolution, Boards and Commissions Administrator John Isobe, was the only county official who would get a pay raise if the new resolution is approved. Isobe’s position is not listed in the new resolution.

Ironic? How about corrupt.

Rapozo actually detailed how, according to salary commission documents and minutes, the salary commission, under Chair Charley King of King Auto Center, decided to allow Isobe to draft the actual resolution to be sent to the council, supposedly freezing many executive salaries at a lower level than had been contained in the previous resolution.

But when the final reso showed up before the council the only one whose salary cap was actually raised rather than lowered was Isobe's.

But it got worse. In trying to deny that any funny business took place, Council Chair Jay Furfaro took the tactic of defending, not Isobe but King, saying his integrity was essentially beyond reproach.

But if Charley is cast in the role of Caesar's wife then Leo is a competent journalist.

King has been a chief Republican leader and fundraiser for decades on Kaua`i and was widely thought to be the most influential person in the administrations of former Mayors Maryanne Kusaka and Bryan Baptiste.

As to King's "ethics" one example that sticks in out mind is "Big Red Chrysler-gate."

Kusaka was known to like "nice things." When she first got elected she was discovered to be selling jewelry to people seeking favors from her- right out of her office- in order to support her own expensive habit.

But one thing she didn't have was a nice big luxury car. So when she showed up driving a big red top-of-the-line Chrysler New Yorker people started to ask questions.

Well it seems that when Kusaka took office she had suckered the council into what was called "program based budgeting." The conflicts with the prior council and then Mayor, now Councilmember, JoAnn Yukimura, were legendary. So, in those post-Rodney King "why can't we all just get along" days, she brought in Steven Covey of the infamous "7 Habits of Highly Manipulative Jerkwads" or something like that and held love fests with the legislators.

In a gesture of this spirit of Kumbaya, the council eliminated "line-item" budgeting- where every expenditure is specifically appropriated by the council- to this "program based" system where the council essentially threw a big old heap of money at each department with little or no accountability for what it was spent on.

And one of the biggest mounds of moolah was that for the mayor's office which included not only her staff's expenses and salaries but those of most of the "agencies" that aren't created by the county charter.

So, with what amounted to her own multi-million-dollar slush fund, rather than buy her own car and charge the county for official uses, Kusaka didn't just get the county to buy the car but actually leased the Chrysler at multiples of what the purchase would have cost taxpayers.

And who did she lease it from? Why of course her chief adviser and campaign contributor and bundler Charley King who also made out pretty well on the exorbitant terms of the lease.

And of course it was almost impossible to actually figure all this out because there was no real record of it- or at last none that were reported to the council which is the body responsible for overseeing the purse strings of the county. It took some loose lips in the administration and a bit of investigative work by Honolulu Star-Bulletin Bureau Chief Anthony Sommer- the author of KPD Blue (see left rail)- to break the story to the "shocked-shocked" councilmembers who promptly went back to line-item budgeting... at their earliest possible convenience.

We have to admit that the funniest part of all of this was Furfaro's Shakespearean "but Charley is an honorable man" routine. But the tragedy just may be that the Friends, Romans and Countrymen on the Ethics Board- overseen by (drum roll, please) John Isobe- will not probably be lending their ears to anything.

TRY WAIT

TRY WAIT: The kvetch-fest over Governor Neil Abercrombie's "emergency" declarations- and the fact that he failed to tell anyone about one of them for months- suspending environmental and planning laws to clear ordinance from the beaches and oceans and nene from the Kaua`i Airport area would be deafening if it weren't for the paywall blocking the state's "newspaper of record," making it an unproductive endeavor to link to columnist Dave Shapiro’s traditional harangue or, surprisingly, Cynthia Oi's tome on the subject.

But while some debate whether these are in fact emergencies under state law, another "emergency" proclamation by his Governorship has got to be the slowest developing crisis in history showing that if you wait until the molehill becomes a mountain you can create a pressing matter of epic proportions out of anything.

The fact that a stretch of the highway near Lumahai has been falling into the ocean is no surprise to anyone who has driven the stretch in the past decade. But Abercrombie's "emergency declaration" on September 7 would make you believe that rather than it being a result of glacial-paced erosion, some menehune came in last month with pickaxes and chopped away at the coastline all in one night.

The fact is that the declaration is the result of almost a decade of trying to get the state to get its act together. We can remember current State Senator Ron Kouchi as Kaua`i County Council Chair- that would place it before 2003- grilling then County Engineer Cesar Portugal about what was thought to be the imminent loss of the northbound lane of the state highway.

What should be a state problem has since been a subject of concern for every council and county engineer ever since. While the county has been making temporary fixes, the state has dragged its feet in moving the highway 40 feet inland- the current "emergency" solution which was first proposed 10 years ago.

But that would have taken due process, pubic hearings and most importantly environmental impact statements, certified shoreline determinations and, quite probably, a plan to be approved by the Army Corps of Engineers, as we heard in council testimony over the years.

But noooo. The state's solution is to wait until it is an actual emergency and give the finger to due process, public hearings, transparency and, most importantly, any thoughtful review of the fact that if this section is falling into the ocean, what's next? That might raise the nasty problem of why we're putting things like bike paths- and even new homes under the county's new process for granting exemption from what had been widely acknowledged to be the strongest shoreline protection law in the country- 10 feet away from the shoreline in an age when climate change could well remove that 10 feet in as many years.

Is this the future of how the state's environmental and shoreline protection laws will be handled when the ocean come in to stay? Wait long enough to suspend them?

Apparently.

UP CLOSE AND PERSONNEL

UP CLOSE AND PERSONNEL: If we didn't know better- and since we don't, we do- we'd think that the Kaua`i County Council was avoiding the real issues surrounding the long-delayed move to chuck our Personnel Services Department and institute a Human Resources Department.

An article in today's local newspaper stumbled and bungled around the subject but as our readers know it's not really a simple matter of restructuring.

As we mentioned briefly in July, when the new "consent calendar" system of further obscuring council business hit the floor new Councilmember Kipukai Kaua`i` nearly threw a conniption fit over the appearance of the routine quarterly report from Personnel Director Malcolm Fernandez on the calendar. Although we're not quite sure of why, we certainly hope Kuali`i has an inkling of the past problems with the way jobs are doled out on Kaua`i and the FBI's involvement in late 2008 and early 2009.

In a nutshell, as we described in a September 2008 article, Councilmember Mel Rapozo and then member Shaylene Iseri Carvalho started getting suspicious of why the mayor's cronies seemed to be showing up in civil service positions at an alarming rate.

It all became clear when, as we described at the time,

(D)uring this year’s budget discussions the council finally included in the ordinance a requirement that, when the administration changes a council-funded position to another job, they must at least notify the council.

And the first such transfer was contained in a brief communication (2008-256) requesting a “reallocation” of the position of a “Solid Waste Program Assistant (SWPA)” to a position for a “Senior Account Clerk”.

Solid Waste’s Personnel Director Crystal Fujikawa, flanked by Personnel Director Mel Fernandez, sat before the council and was asked to explain why they were asking for a change a mere three months after they requested the SWPA in the budget that the council approved.

Fujikawa explained that since the SWPA had left the job- although she amazingly couldn’t remember when- this change was a “downward reallocation” to an “entry level” position, raising some eyebrows and objections, especially from the Council Vice Chair, mayoral candidate Mel Rapozo and his ally Shaylene Iseri Carvalho.

“We just budgeted that position” said Iseri. And knowing how badly the Solid Waste Division has been in need of expertise, she wondered aloud why personnel didn’t recruit for and fill the position instead of hiring just a clerk.

What Fujikawa said next revealed the true nature of cronyism in Kaua`i government and showed exactly how powerful the mayor is in terms of patronage even though legally he or she only gets to hire department heads.

According to Fujikawa, when a county position opens up the first thing they do is to try to see if there is a current county employee with the required expertise who wants to fill it. Nothing wrong with that, as all councilmembers agreed.

But then, if there is no county employee with the specific qualifications who wants the job, instead of trying to recruit someone qualified to fill the position from those on the island or, if not, elsewhere- one who might be able to, as Rapozo said, “hit the ground running”- the county simply eliminates the skilled position and downgrades it to fit the qualifications of the employee they want to promote or hire.

And, if necessary they’ll even make it an entry level job to accommodate someone’s auntie or uncle... or campaign supporter.

Well it turned out Rapozo and Iseri weren't the only ones interested in the traditional cronyism and patronage on Kaua`i and, as we exclusively reported that December, the FBI had taken up the cause, according to Iseri who revealed in open council session that they had interviewed dozens of Kaua`i officials and employees on the matter.

Around the same time we reported anecdotally an event that made it clear that then new Mayor Bernard Carvalho was preparing to continue the patronage. We showed up to a county office in mid December and asked "Where's Lou?" (not his real name) who had always handled our business.

The woman sitting there at Lou's desk matter-of-factly explained that Lou had retired and she was being forced to do double duty because, she stated, "with the election and all Bernard hasn't decided who's going to get the job."

Well Rapozo lost the election and had to sit out the 2008-2010 council but now that he's back apparently he's learned to be good little boy, seemingly abandoning what appeared to be a quest to clean up the personnel system, leaving it to Kuali`i- who probably hasn't a clue as to what happened in '08- to try to dig through the paperwork until a light bulb goes on for him.

Just changing the title from Personnel to Human Resources seems to fit the MO of Kaua`i charter changes just as the title of administrative assistant was changed during the last election, with no corresponding change in function.

The deck chairs on the Titanic seem destined for repositioning once again. And as long as we keep electing captains who use the "ship of state" as their own little fiefdom, we can change the charter all we want to no avail.

Anyone got any donuts to wager to our dollars that Fernandez will be the head of the new Human Resources Department? We didn't think so.

BEING CLASSIFIED

BEING CLASSIFIED: Back in the dark ages of our youth the grainy black and white pictures of Appalachia that accompanied the announcement of the War on Poverty on the evening TV news seemed impossibly remote to an overweight adolescent in the northeast megalopolis.

But for a view of the current War on the Poverty Stricken we needn’t do more than open our eyes and look around.

Two articles depicting Hawaii as especially cruel way appeared today, one telling the horrific details of homelessness in Honolulu in the lead-up to the APEC conference and another regarding how Hawaii is apparently a leader in the oppressive practice of making workers accept "independent contractor" status, forcing them to forgo any medical, vacation or unemployment benefits and pay their own excise and payroll taxes in full.

But the worst part is that when someone dares to ask those who are keeping the poverty stricken in their place at the bottom of society to pay more in taxes, they start screaming about a burgeoning "class war."

If only.

The fact is there has been an escalating class war going on for the last 200 plus year in America. It's called the free enterprise system and it has reached its inevitable tipping point where the only question is how much longer can the working class slide down the razor blade of life before the stealing class has it all.

Though the 21st century robber barons simply turn up the volume on Fox News to drown out the cries of those who are quickly discovering that they let go of their grasp on "middle class" status many years ago and are currently in free fall, their cries of "class war" are all the more ironic given that they've been long-engaged in one of their own that has brought most Americans to their economic knees.

A recent survey said that "only" two people out of ten believe that they will become millionaires in the next 10 years. Given the fact that "only" two in 88 have that much in assets, it means that there are an awful lot of delusional poor people out there who have been convinced they have a reason- assuming self-interest is a good one- to work hard so those millionaires can become billionaires.

Only in America could those who have accumulated almost all of the wealth have the gall to perpetrate a war on the poor and then claim that the potential for a modern day storming of the Bastille is reason enough to not just keep their absurdly low rate of taxation where it is, but to lower it further still rather than help provide food and shelter for those they've made homeless and starving.

We now return you to your current state of self-destructive, delusional apathy which is already in progress.

MRF-FREE'S LAW

MRF-FREE'S LAW: There's a sure way to get our blood boiling- mention solid waste and Kaua`i county government in the same sentence.

Back in the early-mid 90's, when the term "zero-waste" was just a'bornin', Dr. Ray Chuan, activist extraordinaire, used to walk into the council chambers each week with stacks of papers and during the interstitial periods, start pawing through them.

Of course we couldn't resist looking over his shoulder and so much to our amazement we and eventually the rest of the "nitpickers" became experts on the last thing in which we wanted to stick our noses- literally or figuratively... trash.

It didn't take a genius to see that the costliest- and stupidest- thing that could be done was to dig a hole in the ground and bury valuable materials rather than recycle them. The solution was- and is- to make it as easy for folks to separate them out of their yucky trash, pick them up curbside and bring them to a place to separate them for shipment, as many places on the mainland were already either doing or planning to do at the time.

Now more than 15 years later and three administrations later Kaua`i not only doesn't have a Materials Recovery Facility (MRF) but, according to the local newspaper- albeit buried mid-way through an article- Mayor Bernard Carvalho has no real plans to build one, making recycling as haphazard and costly as possible.

It's not like the money to plan and build a MRF hasn't been appropriated by the council at least four time we can think of since the turn of the century. Every single bond float- and restructuring of bonds- has included money for the facility which needs to be the first thing that is done in either a "zero-waste" program or the "integrated solid waste" strategy the county has embraced.

It has also been included in almost every capital improvement budget since then to no avail. If we didn't know better we'd think there was no one who knew how to both build a large warehouse and kick back money to the Department of Public Works' Solid Waste Division and the various mayors.

The article is, as usual when penned by Leo Azambuja, fairly useless in explaining why the heck a MRF is not in Carvalho's budget this year, preferring to concentrate on the reasons why the council refused to waste money by continuing to pay our state senator's brother an exorbitant rate to separate a small amount of curbside recycled materials, recovered through a now-canceled "pilot project."

It's just another textbook example of the county's "ready, fire, aim" modus operandi.

But further, the article fails to point out the massive costs of dumping most of our recyclable goods in our overflowing landfill to the point where some have suggested "mining" the old cells, not just to recover the materials discarded over the years but to open up space so as to delay for as long as decades the need to site a new one that nobody wants in their backyard anyway.

Instead Carvalho is still adamant about siting the MRF in the area in which he is proposing to put the new landfill even though planning and permitting for the dump could be a decade away. That means that in Carvalho's mind we will keep on doing what's wrong as long as we can, falling further behind the rest of the world in solid waste management.

Meanwhile the cart is not just before the horse, it's rolling down an endless hill and gathering speed with no equine activity on the horizon.

Of course if the planning and design had been done years ago the county might have even had the whole shebang paid for by the federal government when the they were looking for "shovel ready" public works projects a couple of years back- as they may be doing again next year.

Carvalho seems to have no trouble acting on a dime when it comes to hiring another suck-up crony to fill another new administration position. But when it comes to capital improvement projects the bungling seems almost intentional.

The old "is it incompetence or is in malfeasance?" question was seemingly made for the last three mayors. But the more Carvalho's administrative skills are on display, the more we have to believe it's the latter more than the former.