What will it take to electrify the KIUC electorate?
Typically, not even 25% of our utility co-op members bother to vote for the Board of Directors. Shoots, we can do way better than that! And this year, with some good progressive candidates running, it's more important than ever that caring people cast their ballots.
My top pick is Joel Guy. Others worthy of consideration are Pat Gegen, Karen Baldwin and Ken Stokes. You can vote for three. So please do!
There are three ways to vote: Send in the ballot you got by mail, call 877-778-5482 or go on line. To vote by phone or on-line, you will need the access code printed on your ballot reply envelope.
If you lost your access code, or need help, call 877-324-7655.
The deadline for voting is NOON, SATURDAY, MARCH 24 so don't dilly dally and dawdle.
Because as Gary Hooser noted in an email he sent out yesterday:
We have a great opportunity before us NOW to accelerate positive change in our community. Our community needs your active engagement now.
And that gives me a great segue to give props to Jonathan Jay, who has worked so hard to get out the vote. If you want more info on voting or the progressive candidates, visit his website, Power to the People.
But main thing, vote, and encourage everyone you know to vote, too.
Let's freakin BLOW the old guard completely out of the water.
Sunday, March 18, 2012
Friday, March 16, 2012
Musings: Disillusioned
At first it was too cloudy to see anything, but I just stood out there in the gathering dusk, patiently waiting, and sure enough, as things have a way of doing, more and more was slowly revealed, until finally there they were, those two celestial beacons, with Venus just slightly above Jupiter, and appearing much larger, though of course it isn't, and so bright and sparkly that the twinkle song immediately came to mind, though of course it's a planet and not a star, and directly opposite that majestic pairing, rising up out of the east, was fiery red Mars.
So much to see if you only just look, though it's not all that distant glittery beauty of the heavens, especially when you start scrutinizing things here on Earth, like reports that the solider who allegedly shot all those civilians in Afghanistan had already been wounded twice himself in combat, including a brain injury, and just couldn't hack a fourth tour of duty in the Middle East. And really, who could?
Journalist Neil Shea, interviewed today on Democracy Now! about an extremely harrowing article he wrote for The American Scholar, talked about how the American soldiers in Afghanistan are starting to scarily fray in this prolonged, meaningless war that has left so many of them angry, ugly, violent and disillusioned — and soon to be returning to live among wives, family, the rest of us.
I was thinking about disillusionment last night when I listened to Kepa Kruse on the radio. He's the award-winning musician who has worked hard for months to save his lifelong home at Koloa Camp from being destroyed by Grove Farm, with its plans to build new housing on the site. I've been struck from the beginning by Kepa's sunny optimism, his commitment to behaving in a respectful, pono way, his efforts to find a solution, seek out the ever illusive win-win. Mostly, I was touched by his faith in a system that I knew to be heavily weighted against his interests.
His hopes had been raised when the County Council approved a resolution on Wednesday urging Grove Farm to explore alternatives with the tenants. Then he had come to understand that the resolution was merely symbolic, carrying no weight, and Grove Farm obviously had no intention of changing its plans because of it.
Because the very next day, yesterday, the company had alerted the remaining residents that it would inspect their homes on Tuesday, which happens to be the birthday of his late mother. “I don't understand what the point of the resolution is if the disregard is going to happen almost immediately,” Kepa said on the radio. “It's like we're back at square one.”
Of course, there's no real reason why Grove Farm needs to inspect homes that it plans to demolish, or why it couldn't wait until the residents move out. As John Patt, another Koloa Camp tenant, put it, “This just seems to be harassment, rubbing our noses in it, the corporate push back. This is not aloha.”
No, it's not, and Kepa is not the first young man I've seen fall into disillusionment when confronted with the machinations of a system they've been taught to believe is just and fair and caring and reasonable, when of course, those of us who have been around for a while know it's everything but.
It just so happened that the disillusionment of another young man — the Kapaa High School student who was Tased on campus during an arrest last month — also came to light on the radio yesterday. A guy called in to talk about how he and others on the Kauai Cowboys semi-pro football team had been working the student.
“This was someone we wanted to take under our wing,” he said. “You're talking about someone with a lot of talent. It's definitely not a crime to be hefty, or 18 years old and in school, and it's definitely not a crime to be a local boy. In the media, they made a thing about this guy was intimidating, he was a big person, he was resisting. In truth, it was not handled well.”
Typically, he said, a student would be called out of class if any sort of police action was planned, rather than approach a subject in front of everyone. “This was not a professional situation. I've seen Tasers used, and t's not a pretty sight. He ate the first one, it didn't even affect him, so they did it again. It's a really radical scene to do it twice.”
But his point, aside from the impropriety of Tasing a student in a situation that radio programmer Jimmy Trujillo said “could've gone even further south,” was how the scene affected both the youth who had been Tased, and the students who had witnessed the use of force.
“This kid is young, he can turn his life around, but what kind of feelings do you think he's gonna have toward authority, and all the rest of those of who witnessed it?” he asked.
It's a good question, and one I've thought about many times, especially when I read The New York Times piece by Nicholas Peart, a young black man who has been randomly frisked at least five times by NYPD under its extremely questionable “stop and frisk” program that primarily targets young men of color. As Peart wrote:
We need change. When I was young I thought cops were cool. They had a respectable and honorable job to keep people safe and fight crime. Now, I think their tactics are unfair and they abuse their authority. The police should consider the consequences of a generation of young people who want nothing to do with them — distrust, alienation and more crime.
Yes, just as we should consider the consequences of a generation of young people who have been turned into ticking time bombs, hollow shells, in the senseless slaughter of Iraq and Afghanistan, who have lost their faith after being screwed here at home by the great American system we're forever trying to foist on others at the point of a gun.
It's so easy to resort to force, to the “might makes right” way of doing things. But as we see over and over and over again, that approach damages both the aggressor and the victim. And until we stop inflicting trauma, there isn't going to be any healing, any true progress for our species.
So much to see if you only just look, though it's not all that distant glittery beauty of the heavens, especially when you start scrutinizing things here on Earth, like reports that the solider who allegedly shot all those civilians in Afghanistan had already been wounded twice himself in combat, including a brain injury, and just couldn't hack a fourth tour of duty in the Middle East. And really, who could?
Journalist Neil Shea, interviewed today on Democracy Now! about an extremely harrowing article he wrote for The American Scholar, talked about how the American soldiers in Afghanistan are starting to scarily fray in this prolonged, meaningless war that has left so many of them angry, ugly, violent and disillusioned — and soon to be returning to live among wives, family, the rest of us.
I was thinking about disillusionment last night when I listened to Kepa Kruse on the radio. He's the award-winning musician who has worked hard for months to save his lifelong home at Koloa Camp from being destroyed by Grove Farm, with its plans to build new housing on the site. I've been struck from the beginning by Kepa's sunny optimism, his commitment to behaving in a respectful, pono way, his efforts to find a solution, seek out the ever illusive win-win. Mostly, I was touched by his faith in a system that I knew to be heavily weighted against his interests.
His hopes had been raised when the County Council approved a resolution on Wednesday urging Grove Farm to explore alternatives with the tenants. Then he had come to understand that the resolution was merely symbolic, carrying no weight, and Grove Farm obviously had no intention of changing its plans because of it.
Because the very next day, yesterday, the company had alerted the remaining residents that it would inspect their homes on Tuesday, which happens to be the birthday of his late mother. “I don't understand what the point of the resolution is if the disregard is going to happen almost immediately,” Kepa said on the radio. “It's like we're back at square one.”
Of course, there's no real reason why Grove Farm needs to inspect homes that it plans to demolish, or why it couldn't wait until the residents move out. As John Patt, another Koloa Camp tenant, put it, “This just seems to be harassment, rubbing our noses in it, the corporate push back. This is not aloha.”
No, it's not, and Kepa is not the first young man I've seen fall into disillusionment when confronted with the machinations of a system they've been taught to believe is just and fair and caring and reasonable, when of course, those of us who have been around for a while know it's everything but.
It just so happened that the disillusionment of another young man — the Kapaa High School student who was Tased on campus during an arrest last month — also came to light on the radio yesterday. A guy called in to talk about how he and others on the Kauai Cowboys semi-pro football team had been working the student.
“This was someone we wanted to take under our wing,” he said. “You're talking about someone with a lot of talent. It's definitely not a crime to be hefty, or 18 years old and in school, and it's definitely not a crime to be a local boy. In the media, they made a thing about this guy was intimidating, he was a big person, he was resisting. In truth, it was not handled well.”
Typically, he said, a student would be called out of class if any sort of police action was planned, rather than approach a subject in front of everyone. “This was not a professional situation. I've seen Tasers used, and t's not a pretty sight. He ate the first one, it didn't even affect him, so they did it again. It's a really radical scene to do it twice.”
But his point, aside from the impropriety of Tasing a student in a situation that radio programmer Jimmy Trujillo said “could've gone even further south,” was how the scene affected both the youth who had been Tased, and the students who had witnessed the use of force.
“This kid is young, he can turn his life around, but what kind of feelings do you think he's gonna have toward authority, and all the rest of those of who witnessed it?” he asked.
It's a good question, and one I've thought about many times, especially when I read The New York Times piece by Nicholas Peart, a young black man who has been randomly frisked at least five times by NYPD under its extremely questionable “stop and frisk” program that primarily targets young men of color. As Peart wrote:
We need change. When I was young I thought cops were cool. They had a respectable and honorable job to keep people safe and fight crime. Now, I think their tactics are unfair and they abuse their authority. The police should consider the consequences of a generation of young people who want nothing to do with them — distrust, alienation and more crime.
Yes, just as we should consider the consequences of a generation of young people who have been turned into ticking time bombs, hollow shells, in the senseless slaughter of Iraq and Afghanistan, who have lost their faith after being screwed here at home by the great American system we're forever trying to foist on others at the point of a gun.
It's so easy to resort to force, to the “might makes right” way of doing things. But as we see over and over and over again, that approach damages both the aggressor and the victim. And until we stop inflicting trauma, there isn't going to be any healing, any true progress for our species.
Thursday, March 15, 2012
Musings: Holding Sway
Let's see, what's on tap for today?
Those concerned about pesticide use may want to check out a short piece I wrote for Honolulu Weekly about a lawsuit against an Oahu golf course filed by attorneys Kyle Smith and Gerard Jervis. They're the same guys who filed suit on behalf of 150 Kauai residents living near Pioneer Hi-Bred International's genetically modified seed corn fields at Waimea.
What I find interesting is that they're taking a new approach to challenging pesticide use by filing lawsuits based primarily on how the chemicals affect property rights, as opposed to human health. It makes sense, because let's face it, American courts are a lot more sympathetic to someone's property being damaged than their health or the environment. It's easier to prove, too.
In the meantime, I just can't understand why someone would actually pay a premium to live next to a golf course, when links are regularly dosed with some really toxic stuff. And what about the poor albatross that nest there, and the nene that graze on the grass?
Following up on yesterday's post about the administration's disparate handling of complaints filed by employees in the prosecutor's office and police and planning departments, I asked county spokeswoman Beth Tokioka for a comment:
I'm sure this response is not a surprise to you, but we can't comment on the manner in which complaints are handled. Each one has to be considered based on the circumstances involved and how a timely and thorough investigation can be conducted. There is no "cookie cutter" response to an employee complaint. What works for one scenario may be completely inappropriate for another.
No, that answer is not a surprise.
Nor was it a surprise, though it is disheartening, to learn that yet another of Prosecutor Shaylene Iseri-Carvalho's deputies has bit the dust. Tracy Murakami, the last of the deputies sworn in with Shay back in 2008, resigned her position yesterday. And then there were none....
Oddly, Shay reportedly advised her deputies yesterday that they would be receiving pay cuts, supposedly because the mayor had reduced their budget. How can that be, when Shay has been unable to keep all her positions filled and so regularly has significant unspent funds? And will the cuts be across the board, or only given to those who didn't buy the $100 tickets to her recent fundraiser at Kauai Beach Resort?
I was a little surprised when I happened to tune in to the Council's webcast yesterday for the Koloa Camp resolution — it passed, not that it's likely to make a difference — and caught the exchange between two arch enemies: Shay and Councilman Tim Bynum.
A lot has been said about Shay on this blog in recent weeks, so if you want to see her in action, it's worth going to the webcast and forwarding to the 4:47:53 point. That's where she tries to claim that Tim can't speak about her request to hire a law clerk because she's prosecuting him on a criminal case, and so they can't converse without permission of his attorney.
When Councilwoman JoAnn Yukimura says that rule doesn't apply in this situation, at about the 4:56:04 point, Shay looks like she's about to fly out of her chair and take her on. Tim, his voice shaking, said he'd been precluded from asking questions about the victim-witness program for almost three years. After he was prevented from talking to Shay the last time she was before the Council, he'd gone to the Board of Ethics, which said there was no conflict in him speaking with her and voting on matters concerning Council business.
Still Shay wouldn't budge, saying the BOE had nothing to do with it. At that point, Jay called a recess and the county attorney's office brought in reinforcements, reading aloud the pertinent law, which made it clear Tim could talk to Shay about the agenda item. But Shay again came back swinging, saying Tim wanted to talk about the victim-witness program, which would violate the sunshine law, as the agenda item only addressed a law clerk position.
Council Chairman Jay Furfaro, looking like he was suffering from indigestion, had been bending over backwards to smooth the waters and placate Shay throughout the entire exchange. He finally asked the Council to continue the item for another week, to a special meeting at which only that one issue would be addressed, in hopes the delay would “maybe settle some temperment that might exist here.”
But even then Shay made a big deal about having to consult her busy schedule before telling the Council she could squeeze them in at 8 a.m. next Wednesday. JoAnn voted against the delay, as did one Councilman, although I couldn't tell who it was.
Through it all, I was amazed at the power Shay was wielding, even though she was coming to the Council for approval to spend money, and so was at its mercy. It's really quite remarkable to watch Shay hold sway, and it explains both why she has enemies, and how she got to where she is.
Still, I couldn't help but feel a little sickened by it all, especially since the Council had delayed giving a certificate to a victorious Kauai High School girls' sports team so that it could accommodate Shay. For half an hour they had to sit there and watch that tense, unpleasant exchange, and all I could think was, study hard, kiddies, or you could end up here.
Those concerned about pesticide use may want to check out a short piece I wrote for Honolulu Weekly about a lawsuit against an Oahu golf course filed by attorneys Kyle Smith and Gerard Jervis. They're the same guys who filed suit on behalf of 150 Kauai residents living near Pioneer Hi-Bred International's genetically modified seed corn fields at Waimea.
What I find interesting is that they're taking a new approach to challenging pesticide use by filing lawsuits based primarily on how the chemicals affect property rights, as opposed to human health. It makes sense, because let's face it, American courts are a lot more sympathetic to someone's property being damaged than their health or the environment. It's easier to prove, too.
In the meantime, I just can't understand why someone would actually pay a premium to live next to a golf course, when links are regularly dosed with some really toxic stuff. And what about the poor albatross that nest there, and the nene that graze on the grass?
Following up on yesterday's post about the administration's disparate handling of complaints filed by employees in the prosecutor's office and police and planning departments, I asked county spokeswoman Beth Tokioka for a comment:
I'm sure this response is not a surprise to you, but we can't comment on the manner in which complaints are handled. Each one has to be considered based on the circumstances involved and how a timely and thorough investigation can be conducted. There is no "cookie cutter" response to an employee complaint. What works for one scenario may be completely inappropriate for another.
No, that answer is not a surprise.
Nor was it a surprise, though it is disheartening, to learn that yet another of Prosecutor Shaylene Iseri-Carvalho's deputies has bit the dust. Tracy Murakami, the last of the deputies sworn in with Shay back in 2008, resigned her position yesterday. And then there were none....
Oddly, Shay reportedly advised her deputies yesterday that they would be receiving pay cuts, supposedly because the mayor had reduced their budget. How can that be, when Shay has been unable to keep all her positions filled and so regularly has significant unspent funds? And will the cuts be across the board, or only given to those who didn't buy the $100 tickets to her recent fundraiser at Kauai Beach Resort?
I was a little surprised when I happened to tune in to the Council's webcast yesterday for the Koloa Camp resolution — it passed, not that it's likely to make a difference — and caught the exchange between two arch enemies: Shay and Councilman Tim Bynum.
A lot has been said about Shay on this blog in recent weeks, so if you want to see her in action, it's worth going to the webcast and forwarding to the 4:47:53 point. That's where she tries to claim that Tim can't speak about her request to hire a law clerk because she's prosecuting him on a criminal case, and so they can't converse without permission of his attorney.
When Councilwoman JoAnn Yukimura says that rule doesn't apply in this situation, at about the 4:56:04 point, Shay looks like she's about to fly out of her chair and take her on. Tim, his voice shaking, said he'd been precluded from asking questions about the victim-witness program for almost three years. After he was prevented from talking to Shay the last time she was before the Council, he'd gone to the Board of Ethics, which said there was no conflict in him speaking with her and voting on matters concerning Council business.
Still Shay wouldn't budge, saying the BOE had nothing to do with it. At that point, Jay called a recess and the county attorney's office brought in reinforcements, reading aloud the pertinent law, which made it clear Tim could talk to Shay about the agenda item. But Shay again came back swinging, saying Tim wanted to talk about the victim-witness program, which would violate the sunshine law, as the agenda item only addressed a law clerk position.
Council Chairman Jay Furfaro, looking like he was suffering from indigestion, had been bending over backwards to smooth the waters and placate Shay throughout the entire exchange. He finally asked the Council to continue the item for another week, to a special meeting at which only that one issue would be addressed, in hopes the delay would “maybe settle some temperment that might exist here.”
But even then Shay made a big deal about having to consult her busy schedule before telling the Council she could squeeze them in at 8 a.m. next Wednesday. JoAnn voted against the delay, as did one Councilman, although I couldn't tell who it was.
Through it all, I was amazed at the power Shay was wielding, even though she was coming to the Council for approval to spend money, and so was at its mercy. It's really quite remarkable to watch Shay hold sway, and it explains both why she has enemies, and how she got to where she is.
Still, I couldn't help but feel a little sickened by it all, especially since the Council had delayed giving a certificate to a victorious Kauai High School girls' sports team so that it could accommodate Shay. For half an hour they had to sit there and watch that tense, unpleasant exchange, and all I could think was, study hard, kiddies, or you could end up here.
Wednesday, March 14, 2012
Musings: Dangerous Concept
There was a time this morning, a brief time, when a half-moon was shining through strands and wisps of white, when the Big Dipper was scooping up stars over Makaleha, when a scarlet-orange smear appeared in the eastern horizon, tinting the mountains rose, the trees gold. And then the cloud cover dropped down and everything went gray.
A similar process occurred yesterday at the Kauai Police Department, where Monday's stilted bonhomie between Chief Darryl Perry, Mayor Bernard Carvalho and the police commission disintegrated into the gloom of heated phone calls, tense meetings, squabbles and unabated power struggles. More on that in a minute.
Meanwhile, I've learned that an employee in the county Prosecutor's office recently filed multiple workplace complaints against Prosecutor Shaylene Iseri-Carvalho and other staff in that office, creating a situation very similar to the one involving Officer Darla Abatiell-Higa and KPD.
But in this most recent case, the County Attorney's office directed the Prosecutor's office to place the employee on leave pending an investigation, rather than suspend those named in the complaint.
This raises troubling questions about why the mayor chose to get personally involved in the KPD case, to the point of defaming, humiliating and suspending the chief, who was ordered to put Assistant Chiefs Roy Asher and Ale Quibilan, who were named in the complaint, on leave pending an investigation. Yet a completely different tact was taken with Shay and her office.
It's also interesting to note that when a planning department employee filed a workplace complaint, she was placed on leave pending an investigation, not the staff implicated in the complaint.
Why did the mayor force a very public upheaval at KPD, but not in these other county departments? Do you suppose politics and power plays could have anything to do with it?
It seems the mayor's declaration upon returning the chief to work Monday — “through discussion with the [police] commission we have reached a place of consensus on how the department should be managed beginning today” — meant essentially Bernard planned to be in charge.
So he wasn't too pleased to discover the chief had brought Quibilan and Asher back to work yesterday.
With Deputy Chief Mike Contrades still off-island and Assistant Chief Mark Begley missing in action since the chief returned, it seems Perry felt he needed more help running the department than the mayor's designees — County Attorney Al Castillo and Managing Director Gary Heu — could provide.
But the mayor managed to re-assert his authority by requiring the chief to get approval from Castillo in order to have the county's IT guys return computer hard drives to Asher and Quibilan and restore their access. Ho boy....
And the public is left wondering how, and when, is this dysfunctional mess going to be resolved? Who is going to hire the outside counsel that will help clarify to the mayor and chief exactly who is empowered to do what?
The Charter Review Commission is set on Monday to take up the issue of whether the charter needs to be revised to clarify the powers, duties and functions of the mayor's office in regard to KPD. Councilman Mel Rapozo submitted testimony in opposition, saying:
It is my belief that the Hawaii Revised Statutes clearly set up the police commissions to isolate the police departments from the political powers of local governments. Can you imagine if any of the Mayors retained the powers to control their respective police departments? This could be a very dangerous concept.
Yes, it could, and as we're seeing it play out here on Kauai, it is.
A similar process occurred yesterday at the Kauai Police Department, where Monday's stilted bonhomie between Chief Darryl Perry, Mayor Bernard Carvalho and the police commission disintegrated into the gloom of heated phone calls, tense meetings, squabbles and unabated power struggles. More on that in a minute.
Meanwhile, I've learned that an employee in the county Prosecutor's office recently filed multiple workplace complaints against Prosecutor Shaylene Iseri-Carvalho and other staff in that office, creating a situation very similar to the one involving Officer Darla Abatiell-Higa and KPD.
But in this most recent case, the County Attorney's office directed the Prosecutor's office to place the employee on leave pending an investigation, rather than suspend those named in the complaint.
This raises troubling questions about why the mayor chose to get personally involved in the KPD case, to the point of defaming, humiliating and suspending the chief, who was ordered to put Assistant Chiefs Roy Asher and Ale Quibilan, who were named in the complaint, on leave pending an investigation. Yet a completely different tact was taken with Shay and her office.
It's also interesting to note that when a planning department employee filed a workplace complaint, she was placed on leave pending an investigation, not the staff implicated in the complaint.
Why did the mayor force a very public upheaval at KPD, but not in these other county departments? Do you suppose politics and power plays could have anything to do with it?
It seems the mayor's declaration upon returning the chief to work Monday — “through discussion with the [police] commission we have reached a place of consensus on how the department should be managed beginning today” — meant essentially Bernard planned to be in charge.
So he wasn't too pleased to discover the chief had brought Quibilan and Asher back to work yesterday.
With Deputy Chief Mike Contrades still off-island and Assistant Chief Mark Begley missing in action since the chief returned, it seems Perry felt he needed more help running the department than the mayor's designees — County Attorney Al Castillo and Managing Director Gary Heu — could provide.
But the mayor managed to re-assert his authority by requiring the chief to get approval from Castillo in order to have the county's IT guys return computer hard drives to Asher and Quibilan and restore their access. Ho boy....
And the public is left wondering how, and when, is this dysfunctional mess going to be resolved? Who is going to hire the outside counsel that will help clarify to the mayor and chief exactly who is empowered to do what?
The Charter Review Commission is set on Monday to take up the issue of whether the charter needs to be revised to clarify the powers, duties and functions of the mayor's office in regard to KPD. Councilman Mel Rapozo submitted testimony in opposition, saying:
It is my belief that the Hawaii Revised Statutes clearly set up the police commissions to isolate the police departments from the political powers of local governments. Can you imagine if any of the Mayors retained the powers to control their respective police departments? This could be a very dangerous concept.
Yes, it could, and as we're seeing it play out here on Kauai, it is.
Tuesday, March 13, 2012
Musings: Nevah Mind
Remember Emily Litella, the Gilda Radner character who invariably delivered the line, ”never mind” upon learning she'd gotten it all terribly wrong?
She came to mind yesterday when I watched a video clip of Mayor Bernard Carvalho saying Police Chief Darryl Perry could return to work.
Yup, the past six weeks of stress, agony, turmoil, chaos and confusion that the mayor inflicted on the chief, the public and KPD turned out to be a big “nevah mind.” Because aside from the chief's haggard appearance, nothing is substantially different than it was when the mayor pulled him off the job.
Though much of the discussion has centered on whether the mayor had the authority to first suspend the chief and then place him on paid leave, little has been said about whether such an action was necessary.
Events have shown that it obviously wasn't. If you will recall, when the mayor suspended the chief on Feb. 1, and Mike Contrades was named acting chief, the county issued this statement:
This leadership structure will be in place until the investigation of an employee complaint has been concluded.
That complaint is still under investigation, and the two assistant chiefs named in it — Ale Quibilan and Roy Asher — remain on leave. Yet the mayor has decided it's now OK for the chief to return to work. Why? It's called backing down.
During the press conference, my ears pricked when I heard the mayor say:
"We are confident that the Chief can provide the leadership for this organization while the investigation into an employee complaint is conducted with integrity to its conclusion.”
“I also believe that through discussion with the [police] commission we have reached a place of consensus on how the department should be managed beginning today.”
So what, I wondered, had changed in the management or leadership of the department that had shifted the mayor's thinking so dramatically, renewed his confidence in the chief to the point where he would allow him to return to work?
I posed that question to county spokeswoman Beth Tokioka, and got this reply:
The Mayor declined to provide specifics as to the discussions that have taken place with the Commission Chair and the Chief. So I have no specifics to provide other than to say that the Mayor is comfortable based on these discussions that the Chief can resume his duties, manage the department, and that the integrity of the complaint can be protected while he is still working.
I asked the chief the same question, and he gave me this answer:
Because of our internal para-military organizational structure, coupled with strong policies and procedures, the management of the department has not changed. I believe, what the Mayor was alluding to relates more so to the area of leadership with the experience I bring to this organization.
In other words, nothing has really changed, except Bernard's stance, perhaps because he finally realized that he had dug the county into a pretty deep and potentially expensive hole by his heavy-handed treatment of the chief.
Some, most notably a certain “rabid reporter,” continue to assert that the mayor, fearful of another expensive lawsuit, was justified in suspending the chief, who had supposedly “botched” an employee's hostile workplace complaint.
But through my investigations, I've since learned the chief didn't botch that complaint. Back in October, when the complaint was first made, Chief Perry notified the county attorney's office and reportedly got no response when he asked for assistance. At the same time, Perry directed Mark Begley, who is assistant chief in charge of administration, to procure the services of an outside investigator — an assignment that Begley only recently completed.
Why the foot dragging? Perhaps Begley was doing a little payback of his own, seeing as how he'd just been demoted from deputy chief, and Perry had named Mike Contrades as the department's number two man instead.
Begley has been viewed somewhat sympathetically — “poor guy, what could he do?” — when he obeyed the mayor and refused three direct orders from the chief to give him back his gun, badge and keys after police commissioners voted unanimously that Perry should return to work.
But it's hard to view Begley as a victim when his political alliances are clear. In 2010, Begley made four contributions totaling $1,180 to Carvalho's campaign — $300 on May 20 and $250 on May 24, followed by $330 on July 12 and $300 on Oct. 12.
This is a level of giving on par with the mayor's top managers, his most loyal followers. That might explain why the mayor is now trying to protect Begley, saying the Police Commission must resolve the question of who has authority over the chief before it deals with Begley's insubordination to Perry.
And it would also explain why it was Perry, and not the mayor, who chose Mike Contrades to serve as acting chief while Perry was on leave, even though Mike was off-island at FBI training school at the time. He apparently (and correctly) viewed Mike as more trustworthy.
I also learned that the mayor's meddling hasn't been limited to placing the chief on leave. The mayor also refused to allow the Police Commission to investigate the complaint against Quibilan, which it is clearly empowered by the charter to do, just as it has authority to deal with the Begley insubordination issue.
Still trying to find some meaning to this madness, aside from power grabbing and politics, I sent an email to the chief. What was the point, I asked, of all this trauma and disruption? His reply:
I agree, I was wondering the same thing, because it’s so destructive both as a citizen of Kauai and someone who is directly involved. But I can assure you, it did not come from me or the Police Commission, but to the Mayor’s credit I’m glad that he has decided to work in cooperation with the PC to get clarity and resolution to the issue of power and authority over the Chief of Police.
Did anything of value come from it? I asked. Are you able to shed any light on that?
I believe this whole situation will not be in vain if, as I mentioned, clarity of the County Charter is realized. Here in rests the true value, because future Mayors, Police Commissioners, and Police Chiefs will have better guidance, and not have to rely on subjective interpretations by future County Attorneys and/or Managing Directors.
But in watching the press conference, it was not at all clear that anyone would be actively seeking that clarity. Just as it is not at all clear that any steps have been taken to improve the performance of the deputy county attorney who is assigned to handle workplace complaints, or create a bonafide office of human relations.
Like I said, all this drama has been for naught, because nothing has changed.
Or as Emily would say, "never mind."
She came to mind yesterday when I watched a video clip of Mayor Bernard Carvalho saying Police Chief Darryl Perry could return to work.
Yup, the past six weeks of stress, agony, turmoil, chaos and confusion that the mayor inflicted on the chief, the public and KPD turned out to be a big “nevah mind.” Because aside from the chief's haggard appearance, nothing is substantially different than it was when the mayor pulled him off the job.
Though much of the discussion has centered on whether the mayor had the authority to first suspend the chief and then place him on paid leave, little has been said about whether such an action was necessary.
Events have shown that it obviously wasn't. If you will recall, when the mayor suspended the chief on Feb. 1, and Mike Contrades was named acting chief, the county issued this statement:
This leadership structure will be in place until the investigation of an employee complaint has been concluded.
That complaint is still under investigation, and the two assistant chiefs named in it — Ale Quibilan and Roy Asher — remain on leave. Yet the mayor has decided it's now OK for the chief to return to work. Why? It's called backing down.
During the press conference, my ears pricked when I heard the mayor say:
"We are confident that the Chief can provide the leadership for this organization while the investigation into an employee complaint is conducted with integrity to its conclusion.”
“I also believe that through discussion with the [police] commission we have reached a place of consensus on how the department should be managed beginning today.”
So what, I wondered, had changed in the management or leadership of the department that had shifted the mayor's thinking so dramatically, renewed his confidence in the chief to the point where he would allow him to return to work?
I posed that question to county spokeswoman Beth Tokioka, and got this reply:
The Mayor declined to provide specifics as to the discussions that have taken place with the Commission Chair and the Chief. So I have no specifics to provide other than to say that the Mayor is comfortable based on these discussions that the Chief can resume his duties, manage the department, and that the integrity of the complaint can be protected while he is still working.
I asked the chief the same question, and he gave me this answer:
Because of our internal para-military organizational structure, coupled with strong policies and procedures, the management of the department has not changed. I believe, what the Mayor was alluding to relates more so to the area of leadership with the experience I bring to this organization.
In other words, nothing has really changed, except Bernard's stance, perhaps because he finally realized that he had dug the county into a pretty deep and potentially expensive hole by his heavy-handed treatment of the chief.
Some, most notably a certain “rabid reporter,” continue to assert that the mayor, fearful of another expensive lawsuit, was justified in suspending the chief, who had supposedly “botched” an employee's hostile workplace complaint.
But through my investigations, I've since learned the chief didn't botch that complaint. Back in October, when the complaint was first made, Chief Perry notified the county attorney's office and reportedly got no response when he asked for assistance. At the same time, Perry directed Mark Begley, who is assistant chief in charge of administration, to procure the services of an outside investigator — an assignment that Begley only recently completed.
Why the foot dragging? Perhaps Begley was doing a little payback of his own, seeing as how he'd just been demoted from deputy chief, and Perry had named Mike Contrades as the department's number two man instead.
Begley has been viewed somewhat sympathetically — “poor guy, what could he do?” — when he obeyed the mayor and refused three direct orders from the chief to give him back his gun, badge and keys after police commissioners voted unanimously that Perry should return to work.
But it's hard to view Begley as a victim when his political alliances are clear. In 2010, Begley made four contributions totaling $1,180 to Carvalho's campaign — $300 on May 20 and $250 on May 24, followed by $330 on July 12 and $300 on Oct. 12.
This is a level of giving on par with the mayor's top managers, his most loyal followers. That might explain why the mayor is now trying to protect Begley, saying the Police Commission must resolve the question of who has authority over the chief before it deals with Begley's insubordination to Perry.
And it would also explain why it was Perry, and not the mayor, who chose Mike Contrades to serve as acting chief while Perry was on leave, even though Mike was off-island at FBI training school at the time. He apparently (and correctly) viewed Mike as more trustworthy.
I also learned that the mayor's meddling hasn't been limited to placing the chief on leave. The mayor also refused to allow the Police Commission to investigate the complaint against Quibilan, which it is clearly empowered by the charter to do, just as it has authority to deal with the Begley insubordination issue.
Still trying to find some meaning to this madness, aside from power grabbing and politics, I sent an email to the chief. What was the point, I asked, of all this trauma and disruption? His reply:
I agree, I was wondering the same thing, because it’s so destructive both as a citizen of Kauai and someone who is directly involved. But I can assure you, it did not come from me or the Police Commission, but to the Mayor’s credit I’m glad that he has decided to work in cooperation with the PC to get clarity and resolution to the issue of power and authority over the Chief of Police.
Did anything of value come from it? I asked. Are you able to shed any light on that?
I believe this whole situation will not be in vain if, as I mentioned, clarity of the County Charter is realized. Here in rests the true value, because future Mayors, Police Commissioners, and Police Chiefs will have better guidance, and not have to rely on subjective interpretations by future County Attorneys and/or Managing Directors.
But in watching the press conference, it was not at all clear that anyone would be actively seeking that clarity. Just as it is not at all clear that any steps have been taken to improve the performance of the deputy county attorney who is assigned to handle workplace complaints, or create a bonafide office of human relations.
Like I said, all this drama has been for naught, because nothing has changed.
Or as Emily would say, "never mind."
Monday, March 12, 2012
Musings: Throwing in the Towel
A few tiny patches of blue can be seen among a canopy that is mostly gray, but I wouldn't go so far as to believe that sunshine is really in the forecast, though it's certainly what we need.
What we don't need are another 400 visitor units and gentleman's estates on the North Shore, but that's exactly what developer Jeff Stone wants to give us at Princeville.
But hey, what's another few thousand tourists driving to the end of the road, laying their bamboo mats on the sands of Hanalei Bay, choking out Anini and Kalihiwai, when you've already got 10,000 to 15,000 fricking vacationers milling around in Pleasantville and spilling out into the surrounding environs on any given day?
Just focus on the “really fabulous” — to use Stone's words — future construction and economic impacts. That way you can pretend there won't be all those other impacts.
Of course, it will provide jobs, though most could end up going to off-islanders, just like the $5 billion Oahu rail project and construction of the Princeville Westin.
What I'm wondering is how much of Princeville's planned Phase II is in the vacation rental-friendly Visitor Destination Area, which the County helpfully expanded into the Western Plateau. That was back in the day when Ron Kouchi, Maxine Correa, Jimmy Tejada, Joe Munechika, Jesse Fukusima and Randal Valenciano served on the Council — remember that stellar line up?— and JoAnn Yukimura was mayor. If you can read this map and figure it out, please fill us in.
As for the future of Princeville, well, here's a look-see at what's coming down the pike. Stone essentially plans to fill in the land between Anini Vistas and the shopping center, while Montage Hotels and Resorts, whose investors include eBay tycoon and Civil Beat founder Pierre Omidyar, will so thoughtfully give us an ultra-luxury resort near the St. Regis.
I wonder, how does an ultra-luxury resort on the North Shore and Montage's ownership of the pesticide-drenched Prince golf course fit in with Omidyar's philanthropic Ulupono Initiative and its supposed mission for “positive, sustainable change” in the Islands? Other than as a total antithesis, of course. As the Ulupono website states, among other platitudes that will make you want to keep the barf bag handy:
Pierre and Pam are guided by the belief that people are basically good and that every person has the power to make a difference.
So then why do they want to fuck up Kauai's North Shore even more than it already is? Don't they already have enough money? Why must they exploit the `aina to make more? Can't they see that their actions are running counter to their supposed beliefs?
The floods of the past few weeks have given us a clear message: the North Shore is vulnerable, it's fragile, it's maxed out. It doesn't need any more tourists, vacation rentals, mansions, gentleman's farms, shopping centers or uberswank resorts.
What it does need is some respect and a lot of TLC.
But that message is apparently lost on the money-grubbing Jeff Stones and Pierre Omidyars of the world. Who gives a shit about the land, the water and the local people when there are many millions still to be skimmed off Kauai.
It's times like this that I feel like throwing in the towel and tending orphaned sloths in Costa Rica.
What we don't need are another 400 visitor units and gentleman's estates on the North Shore, but that's exactly what developer Jeff Stone wants to give us at Princeville.
But hey, what's another few thousand tourists driving to the end of the road, laying their bamboo mats on the sands of Hanalei Bay, choking out Anini and Kalihiwai, when you've already got 10,000 to 15,000 fricking vacationers milling around in Pleasantville and spilling out into the surrounding environs on any given day?
Just focus on the “really fabulous” — to use Stone's words — future construction and economic impacts. That way you can pretend there won't be all those other impacts.
Of course, it will provide jobs, though most could end up going to off-islanders, just like the $5 billion Oahu rail project and construction of the Princeville Westin.
What I'm wondering is how much of Princeville's planned Phase II is in the vacation rental-friendly Visitor Destination Area, which the County helpfully expanded into the Western Plateau. That was back in the day when Ron Kouchi, Maxine Correa, Jimmy Tejada, Joe Munechika, Jesse Fukusima and Randal Valenciano served on the Council — remember that stellar line up?— and JoAnn Yukimura was mayor. If you can read this map and figure it out, please fill us in.
As for the future of Princeville, well, here's a look-see at what's coming down the pike. Stone essentially plans to fill in the land between Anini Vistas and the shopping center, while Montage Hotels and Resorts, whose investors include eBay tycoon and Civil Beat founder Pierre Omidyar, will so thoughtfully give us an ultra-luxury resort near the St. Regis.
I wonder, how does an ultra-luxury resort on the North Shore and Montage's ownership of the pesticide-drenched Prince golf course fit in with Omidyar's philanthropic Ulupono Initiative and its supposed mission for “positive, sustainable change” in the Islands? Other than as a total antithesis, of course. As the Ulupono website states, among other platitudes that will make you want to keep the barf bag handy:
Pierre and Pam are guided by the belief that people are basically good and that every person has the power to make a difference.
So then why do they want to fuck up Kauai's North Shore even more than it already is? Don't they already have enough money? Why must they exploit the `aina to make more? Can't they see that their actions are running counter to their supposed beliefs?
The floods of the past few weeks have given us a clear message: the North Shore is vulnerable, it's fragile, it's maxed out. It doesn't need any more tourists, vacation rentals, mansions, gentleman's farms, shopping centers or uberswank resorts.
What it does need is some respect and a lot of TLC.
But that message is apparently lost on the money-grubbing Jeff Stones and Pierre Omidyars of the world. Who gives a shit about the land, the water and the local people when there are many millions still to be skimmed off Kauai.
It's times like this that I feel like throwing in the towel and tending orphaned sloths in Costa Rica.
Saturday, March 10, 2012
Musings: Good and Bad
Wind has replaced rain, which is a good thing, considering its drying effect, though it could be a bad thing if it topples trees from the wet soil.
Barron's has named Kauai the number two place in the nation — sandwiched behind the Hampton's and Martha's Vineyard — as the best place to own second home, based on rising property values, which is a good thing if you're A&B trying to sell your stalled Kukuiula project, but a bad thing if you're a local who has been priced right out of the Hanalei market, where the 2011 median price was a choking $758,000 — up from $680,000 in 2010.
The magazine gossiped about how part-time resident Pierce Brosnan mixes it up with locals at the shave ice stands - though it mentioned nothing about his vacation rental and vegetative encroachment onto the public beach — before reporting:
Word is that Montage resorts plans to build a starred resort in Princeville surrounded by multimillion homes.
Which is good thing for all the construction guys looking for work, but a bad thing for all the construction guys who don't really want more people coming to the island, especially if they surf.
Latin American nations are mulling decriminalization and legalization of drugs, which is a good thing if your country is terrorized by drug cartels profiting off the illegal trade, but a bad thing if you're the U.S. intent on continuing to wage a multi-billion-dollar war in those countries against the drugs that your own citizens most heavily consume.
Even Pat Robertson has come out in favor of legalizing marijuana, which is a good thing if you're looking for a spokesman who appeals to the groups most opposed — Republicans, conservatives and people over the age of 65 — but a bad thing if you're a theologian worried that Jesus might not approve.
Of course, I can't speak for Jesus, but I doubt he'd support policies that result in 1.7 million people being arrested each year — 850,000 of them for nothing more than marijuana possession — with persons who are indigent and of color targeted at disproportionate rates.
At least, that's my take, based on my perception of my own personal Jesus.
And Obama has signed the so-called ”Trespass Bill,” which is a good thing if you're trying to further undermine First Amendment rights and stifle political dissent, but a bad thing if you're trying to exercise your First Amendment rights and engage in political dissent.
As RT.com noted:
And before you forget, the president can now detain you for getting too close to his front yard, order your assassination if the country considers you a threat and lock you away for life if you’re alleged to be a terrorist. You, on the other hand, can’t yell obscenities at Newt Gingrich without risking arrest.
Amazing, the progress we've achieved under Obama. And just think, we're gonna have him for another four years, which is a good thing if you believe Republicans are evil and Democrats are pono, and a bad thing if you understand they're all corporate-owned puppets beholden to masters other than you, regardless of political affiliation.
Barron's has named Kauai the number two place in the nation — sandwiched behind the Hampton's and Martha's Vineyard — as the best place to own second home, based on rising property values, which is a good thing if you're A&B trying to sell your stalled Kukuiula project, but a bad thing if you're a local who has been priced right out of the Hanalei market, where the 2011 median price was a choking $758,000 — up from $680,000 in 2010.
The magazine gossiped about how part-time resident Pierce Brosnan mixes it up with locals at the shave ice stands - though it mentioned nothing about his vacation rental and vegetative encroachment onto the public beach — before reporting:
Word is that Montage resorts plans to build a starred resort in Princeville surrounded by multimillion homes.
Which is good thing for all the construction guys looking for work, but a bad thing for all the construction guys who don't really want more people coming to the island, especially if they surf.
Latin American nations are mulling decriminalization and legalization of drugs, which is a good thing if your country is terrorized by drug cartels profiting off the illegal trade, but a bad thing if you're the U.S. intent on continuing to wage a multi-billion-dollar war in those countries against the drugs that your own citizens most heavily consume.
Even Pat Robertson has come out in favor of legalizing marijuana, which is a good thing if you're looking for a spokesman who appeals to the groups most opposed — Republicans, conservatives and people over the age of 65 — but a bad thing if you're a theologian worried that Jesus might not approve.
Of course, I can't speak for Jesus, but I doubt he'd support policies that result in 1.7 million people being arrested each year — 850,000 of them for nothing more than marijuana possession — with persons who are indigent and of color targeted at disproportionate rates.
At least, that's my take, based on my perception of my own personal Jesus.
And Obama has signed the so-called ”Trespass Bill,” which is a good thing if you're trying to further undermine First Amendment rights and stifle political dissent, but a bad thing if you're trying to exercise your First Amendment rights and engage in political dissent.
As RT.com noted:
And before you forget, the president can now detain you for getting too close to his front yard, order your assassination if the country considers you a threat and lock you away for life if you’re alleged to be a terrorist. You, on the other hand, can’t yell obscenities at Newt Gingrich without risking arrest.
Amazing, the progress we've achieved under Obama. And just think, we're gonna have him for another four years, which is a good thing if you believe Republicans are evil and Democrats are pono, and a bad thing if you understand they're all corporate-owned puppets beholden to masters other than you, regardless of political affiliation.
Friday, March 9, 2012
Musings: Hana Hou?
Here we go again...
Roused at midnight by banging, cracking, rumbling thunder, sky sizzling with lightning, pounding rain driven by north winds, even some hail, remarkably, and at the end of the four-hour spectacle, that sickening splintering splitting sound of falling trees, though fortunately not in my yard.
Out at first light with the dogs, clouds flying fast overhead, and occasionally, through a fleeting puka, the round, yellow-white face of Mahina is revealed. The stream is roaring, and I check the rain gauge: 4.75 inches fell in that frenzy. Wow.
Elsewhere, saturated soil slides onto roadways, closing the highway in several spots, including south of Kilauea. Once again the North Shore and Hanalei, where the swollen river has swallowed the road, are shut off from the rest of the island — perhaps because, as a friend recently noted, and not with pleasure, “get choke people here already.”
I was chatting with another friend about the last time — I mean, other than the past two weekends — that torrential rains swamped Hanalei and Wailua. It was Nov. 13, 2009, when Kehau Kekua conducted the `aha hoano, a sacred ceremony of set protocol, with the intent, Kehau said, of “petitioning the natural world, the ancestors, the guardians, the gods, who are still much alive and real. When you recognize that, and make that connection, profound things happen.”
The vigil was motivated by profound dismay over how the sacred Wailua area is being treated and developed, and especially over concerns about disturbances to iwi kupuna, which most recently found Kaiulani Mahuka protesting the installation of a leach field in a burial area. “And Kaiulani just got convicted,” my friend said. “I was thinking, maybe there's some connection.”
She's not the only one looking for symbology. “I think Mama Aina is saying nuff already,” another friend observed. “The North Shore is being destroyed and she's pissed.”
Also pissed is a condo owner at Hanalei Colony Resort, who complained to the newspaper that Haena folks were left out of the disaster response. While I can feel pity for a hapless tourist who gets caught unawares, it's harder to have sympathy for a resident who failed to keep sufficient supplies on hand for emergencies and then bitches because Mediterranean Gourmet charged for meals. Why should it be giving food away for free?
And Hanalei Colony did serve as a defacto shelter. I know one family that went there and was given a place to stay, and the restaurant and bar provided folks with a cozy place to hang out and socialize. As a friend who lives in Wainiha noted, “friends do help each other, share food, clear driveways, access through other peoples land to get home when our own driveways are unusable.. Most of us feel pretty blessed. If you friggin live out here, then you have to be independent.”
So many people get mesmerized by the beauty of Haena and forget that it has traditionally been vulnerable to a whole host of disasters, including landslides and flooding and the associated isolation. If you want access to everything that the other towns have, then move to one of them.
Moving to other issues, the state Attorney General agreed to pick up the horse abuse case after county Prosecutor Shaylene Iseri-Carvalho acknowledged a conflict of interest. I wonder, though, would she have addressed the conflict if Kauai Humane Society hadn't filed a motion for her recusal?
As a result of the prosecutorial change, Lara Butler-Brady's trial, which was set to start next week, has been delayed until May 29.
So she continues to live with stress and rack up charges with the Humane Society, which has now spent about $70,000 caring for the 16 horses it seized upon her arrest. It strikes me as absolutely amazing that an agency can incur substantial debts upon your behalf, giving you absolutely no say in the matter, while you're awaiting a trial that has been oft-delayed by the prosecutor's office. The state can really screw with you if it wants.
Since weather is foremost on our minds, and media coverage of the North Shore has been sparse, I'll leave you with a few photos of Haena taken mid-week, before this morning's drenching. Wonder how the leach field at the Kee bathrooms is holding up, and those illegally enclosed downstairs units in the vacation rentals...
Roused at midnight by banging, cracking, rumbling thunder, sky sizzling with lightning, pounding rain driven by north winds, even some hail, remarkably, and at the end of the four-hour spectacle, that sickening splintering splitting sound of falling trees, though fortunately not in my yard.
Out at first light with the dogs, clouds flying fast overhead, and occasionally, through a fleeting puka, the round, yellow-white face of Mahina is revealed. The stream is roaring, and I check the rain gauge: 4.75 inches fell in that frenzy. Wow.
Elsewhere, saturated soil slides onto roadways, closing the highway in several spots, including south of Kilauea. Once again the North Shore and Hanalei, where the swollen river has swallowed the road, are shut off from the rest of the island — perhaps because, as a friend recently noted, and not with pleasure, “get choke people here already.”
I was chatting with another friend about the last time — I mean, other than the past two weekends — that torrential rains swamped Hanalei and Wailua. It was Nov. 13, 2009, when Kehau Kekua conducted the `aha hoano, a sacred ceremony of set protocol, with the intent, Kehau said, of “petitioning the natural world, the ancestors, the guardians, the gods, who are still much alive and real. When you recognize that, and make that connection, profound things happen.”
The vigil was motivated by profound dismay over how the sacred Wailua area is being treated and developed, and especially over concerns about disturbances to iwi kupuna, which most recently found Kaiulani Mahuka protesting the installation of a leach field in a burial area. “And Kaiulani just got convicted,” my friend said. “I was thinking, maybe there's some connection.”
She's not the only one looking for symbology. “I think Mama Aina is saying nuff already,” another friend observed. “The North Shore is being destroyed and she's pissed.”
Also pissed is a condo owner at Hanalei Colony Resort, who complained to the newspaper that Haena folks were left out of the disaster response. While I can feel pity for a hapless tourist who gets caught unawares, it's harder to have sympathy for a resident who failed to keep sufficient supplies on hand for emergencies and then bitches because Mediterranean Gourmet charged for meals. Why should it be giving food away for free?
And Hanalei Colony did serve as a defacto shelter. I know one family that went there and was given a place to stay, and the restaurant and bar provided folks with a cozy place to hang out and socialize. As a friend who lives in Wainiha noted, “friends do help each other, share food, clear driveways, access through other peoples land to get home when our own driveways are unusable.. Most of us feel pretty blessed. If you friggin live out here, then you have to be independent.”
So many people get mesmerized by the beauty of Haena and forget that it has traditionally been vulnerable to a whole host of disasters, including landslides and flooding and the associated isolation. If you want access to everything that the other towns have, then move to one of them.
Moving to other issues, the state Attorney General agreed to pick up the horse abuse case after county Prosecutor Shaylene Iseri-Carvalho acknowledged a conflict of interest. I wonder, though, would she have addressed the conflict if Kauai Humane Society hadn't filed a motion for her recusal?
As a result of the prosecutorial change, Lara Butler-Brady's trial, which was set to start next week, has been delayed until May 29.
So she continues to live with stress and rack up charges with the Humane Society, which has now spent about $70,000 caring for the 16 horses it seized upon her arrest. It strikes me as absolutely amazing that an agency can incur substantial debts upon your behalf, giving you absolutely no say in the matter, while you're awaiting a trial that has been oft-delayed by the prosecutor's office. The state can really screw with you if it wants.
Since weather is foremost on our minds, and media coverage of the North Shore has been sparse, I'll leave you with a few photos of Haena taken mid-week, before this morning's drenching. Wonder how the leach field at the Kee bathrooms is holding up, and those illegally enclosed downstairs units in the vacation rentals...
Thursday, March 8, 2012
Musings: Stopping the Machine
It's been kind of a strange, dreamy time lately, what with all the dripping from the eaves, and the solar storm and dancing planets, full moon nuzzling fiery Mars, and finally, this morning, rosy skies, shafts of sunlight through the trees and winds strong enough to hopefully dry some laundry before the rains return.
I've been thinking about bees, and hoping their keepers left them enough honey, because they depend on that for their own food when the weather is too rough to forage. These essential, beleaguered insects have been on my mind ever since I took an introductory beekeeping class with Jimmy Trujillo.
But while I was amazed by the utter coolness of bees and their orderly, feminine-centric world, I was also struck by the way Jimmy taught the class, with the clear intention to build community. I'm kind of a lone wolf type who does my own thing, so I was fascinated by the way that he got us all to connect. By the time the class was over, those of us in attendance had become not friends, but part of a network we could all turn to for bee-related matters. And it was apparent we all felt good about that, and got more out of the class because of the bonding that occurred.
That got me thinking about the power of community, of people linking through shared and common interests to pursue activities that help themselves as well as others and also something bigger. Like back in the day when folks did barn raisings and quilting bees, brought in the crops and butchered livestock, really worked together, hand-in-hand, side-by-side, in a manner that Facebook does not replicate.
The value of community came up again when I interviewed Kaiulani Mahuka about her misdemeanor conviction following an action to stop burial desecration, and she ended our conversation with these words:
“I've become very pa'a (firm) with the fact that we're not going to stop this machine. To me, it's come down to the process and how I relate to people as human beings. We all need to work on building community and taking care of each other.”
And it occurred to me, maybe that is how we stop the machine, by truly connecting with each other and nature, consciously shifting away from from an existence where the value of everyone and everything is determined solely by whether it can be marketed or marketed to.
I've been thinking about bees, and hoping their keepers left them enough honey, because they depend on that for their own food when the weather is too rough to forage. These essential, beleaguered insects have been on my mind ever since I took an introductory beekeeping class with Jimmy Trujillo.
But while I was amazed by the utter coolness of bees and their orderly, feminine-centric world, I was also struck by the way Jimmy taught the class, with the clear intention to build community. I'm kind of a lone wolf type who does my own thing, so I was fascinated by the way that he got us all to connect. By the time the class was over, those of us in attendance had become not friends, but part of a network we could all turn to for bee-related matters. And it was apparent we all felt good about that, and got more out of the class because of the bonding that occurred.
That got me thinking about the power of community, of people linking through shared and common interests to pursue activities that help themselves as well as others and also something bigger. Like back in the day when folks did barn raisings and quilting bees, brought in the crops and butchered livestock, really worked together, hand-in-hand, side-by-side, in a manner that Facebook does not replicate.
The value of community came up again when I interviewed Kaiulani Mahuka about her misdemeanor conviction following an action to stop burial desecration, and she ended our conversation with these words:
“I've become very pa'a (firm) with the fact that we're not going to stop this machine. To me, it's come down to the process and how I relate to people as human beings. We all need to work on building community and taking care of each other.”
And it occurred to me, maybe that is how we stop the machine, by truly connecting with each other and nature, consciously shifting away from from an existence where the value of everyone and everything is determined solely by whether it can be marketed or marketed to.
Wednesday, March 7, 2012
Musings: Powerful Forces
Last evening, I noticed a strange brightness in the sky — the ascending moon! It's been hidden behind clouds for so long. Directly opposite was another near stranger — shiny Jupiter, preparing to sink into the clouds that still crowned Makaleha. At midnight, I went out again to find that fat white moon directly overhead, with Mars burning red as an ember right beside it, a sight I'd never seen.
I think the last few days have brought a few firsts for many of us, with several North Shore folks telling me they had never seen the waterfalls and streams as swollen and wild as this past weekend, not even during the legendary 40 days of rain.
I was just talking with a friend who lives in Wainiha about the weather-induced human drama, what with prolonged electrical outages, roads blocked, people unable to use their toilets, grocery stores bare and Mediterranean Gourmet chef Imad preparing meals on a grill for the stranded guests at Hanalei Colony Resort.
“The entirety of Haena is a lake,” she said, though the road there finally re-opened this morning, despite numerous slides on the way to Hanalei and the resumption of rain.
Storms like this serve as a reminder of our intense fragility in the face of nature, and also of what's really important in life. Simple pleasures like snug shelter, a stocked pantry and electricity gain tremendous value, and people put aside their differences, at least for a time.
I couldn't help but think about the state and county employees, the same guys that people always bitch about for taking long lunch breaks and failing to keep park bathrooms clean, working long hours in wretched conditions, cleaning up the mess.
The cops had no time to Taser anyone, seeing as how they were pre-occupied routing people around flooded streets, and Officer Darla Abbatiello, who filed the complaints that sent KPD into a tailspin, remarked on Facebook that she “was impressed with out [sic] leaders at KPD. Everything went so smoothly and professionally.”
The mayor, busily managing a disaster, had plenty of power to wield, and so no need to grab more.
Grove Farm softened its heart a bit — just a bit — and gave the flooded Koloa Camp residents another month to get out.
Even the much-maligned KIUC kept it pretty much together, aside from a few outages, and I was grateful to its crew, out in the pouring rain, trying to get the lights back on for everybody.
But then, the gripe has never been with rank-and-file KIUC staff, but our utility cooperative's Board. So although I was mostly thrilled by the waterfalls snaking down Kalalea when I picked up my mail in Anahola yesterday, I did feel a little charge when I saw the Board of Directors ballot tucked among the catalogs and birthday cards.
And that stands in stark contrast to the feelings I usually have about our co-op elections: yawn, snooze, who are those guys, I'll deal with this later.
So what's different? Perhaps the enthusiasm displayed by the four candidates who have come together as a powerful force of change: Karen Baldwin, Pat Gegen, Joel Guy and Ken Stokes.
Offering a simple message of vote for three of the four, they're trying to get a block of progressive new board members elected so they can band with sitting directors Jan TenBruggencate and Carol Bain to make some changes in how our utility cooperative operates.
Like pushing for more openness and accountability. Consulting members before decisions are made, rather than after. Greater scrutiny of the strategic plan. In short, putting the cooperation back in the co-operative.
Sure, it's tough to dislodge incumbents, but I've always been a sucker for optimists and those who put their money where their mouth is, especially when they're qualified. Which is why I will be voting for three of the four.
Pat has been endorsed by Sen. Gary Hooser, Joel used to work with Mina so he shares her values, Ken was talking green/sustainability long before they became buzzwords and Karen is an attorney whom I found to be impressively articulate and thoughtful.
I must say that ever since Dubya stole the Presidency from first Kerry and then Gore, I haven't put much stock in voting. But as we get more local, our votes assume more power and meaning, and that's especially true with the KIUC elections, where turnout has been notoriously low.
So take a few moments to open that ballot envelope and vote for three of the four. It's our cooperative, and we've got some good candidates. Don't let this opportunity to make a difference go to waste.
I think the last few days have brought a few firsts for many of us, with several North Shore folks telling me they had never seen the waterfalls and streams as swollen and wild as this past weekend, not even during the legendary 40 days of rain.
I was just talking with a friend who lives in Wainiha about the weather-induced human drama, what with prolonged electrical outages, roads blocked, people unable to use their toilets, grocery stores bare and Mediterranean Gourmet chef Imad preparing meals on a grill for the stranded guests at Hanalei Colony Resort.
“The entirety of Haena is a lake,” she said, though the road there finally re-opened this morning, despite numerous slides on the way to Hanalei and the resumption of rain.
Storms like this serve as a reminder of our intense fragility in the face of nature, and also of what's really important in life. Simple pleasures like snug shelter, a stocked pantry and electricity gain tremendous value, and people put aside their differences, at least for a time.
I couldn't help but think about the state and county employees, the same guys that people always bitch about for taking long lunch breaks and failing to keep park bathrooms clean, working long hours in wretched conditions, cleaning up the mess.
The cops had no time to Taser anyone, seeing as how they were pre-occupied routing people around flooded streets, and Officer Darla Abbatiello, who filed the complaints that sent KPD into a tailspin, remarked on Facebook that she “was impressed with out [sic] leaders at KPD. Everything went so smoothly and professionally.”
The mayor, busily managing a disaster, had plenty of power to wield, and so no need to grab more.
Grove Farm softened its heart a bit — just a bit — and gave the flooded Koloa Camp residents another month to get out.
Even the much-maligned KIUC kept it pretty much together, aside from a few outages, and I was grateful to its crew, out in the pouring rain, trying to get the lights back on for everybody.
But then, the gripe has never been with rank-and-file KIUC staff, but our utility cooperative's Board. So although I was mostly thrilled by the waterfalls snaking down Kalalea when I picked up my mail in Anahola yesterday, I did feel a little charge when I saw the Board of Directors ballot tucked among the catalogs and birthday cards.
And that stands in stark contrast to the feelings I usually have about our co-op elections: yawn, snooze, who are those guys, I'll deal with this later.
So what's different? Perhaps the enthusiasm displayed by the four candidates who have come together as a powerful force of change: Karen Baldwin, Pat Gegen, Joel Guy and Ken Stokes.
Offering a simple message of vote for three of the four, they're trying to get a block of progressive new board members elected so they can band with sitting directors Jan TenBruggencate and Carol Bain to make some changes in how our utility cooperative operates.
Like pushing for more openness and accountability. Consulting members before decisions are made, rather than after. Greater scrutiny of the strategic plan. In short, putting the cooperation back in the co-operative.
Sure, it's tough to dislodge incumbents, but I've always been a sucker for optimists and those who put their money where their mouth is, especially when they're qualified. Which is why I will be voting for three of the four.
Pat has been endorsed by Sen. Gary Hooser, Joel used to work with Mina so he shares her values, Ken was talking green/sustainability long before they became buzzwords and Karen is an attorney whom I found to be impressively articulate and thoughtful.
I must say that ever since Dubya stole the Presidency from first Kerry and then Gore, I haven't put much stock in voting. But as we get more local, our votes assume more power and meaning, and that's especially true with the KIUC elections, where turnout has been notoriously low.
So take a few moments to open that ballot envelope and vote for three of the four. It's our cooperative, and we've got some good candidates. Don't let this opportunity to make a difference go to waste.
Tuesday, March 6, 2012
Musings: Dirty Water, Dirty Laundry
A fine rain continues to fall, even as the Kapaa bypass road remains flooded out, muddy potholes gape on side streets and a huge excavator rumbles its way north, where mud slides have made the highway impassable in several spots and isolated some communities on that side for three days now.
I was listening to reports of the problems that arise when nearly three feet of rain fall on households that have cesspools and septic systems that cease to function well and overflow, and how the challenges are increased when the electricity is off and food supplies are running low. Once again, we're reminded why it's unwise to have so many vacation rentals on the west side of the Hanalei bridge.
It's going to take a while to dig out from this one, and even longer for the beaches and reefs to recover from all the dirty water that's been washed into the sea.
Meanwhile, county Prosecutor Shaylene Iseri-Carvalho is trying to recover after her office's very dirty laundry was aired in a motion filed last Friday by the Kauai Humane Society.
Forgoing a scheduled trip to Las Vegas to appear in court this morning, Iseri-Carvalho was joined by Deputy Prosecutors John Murphy and Melinda Mendes in trying to beat back the Humane Society's attempt to have her recused from the Lara Butler-Brady horse abuse case.
But though Judge Randal Valenciano ruled that KHS lacked standing to bring the complaint, the agency seems poised to get what it wants, which is to see the case move forward under a different prosecutor.
That's because the prosecutor's office filed its own motion to withdraw from the case, citing a conflict of interest. Mendes told the judge a conflict exists because the case may involve witnesses who are employed by the prosecutor's office, “as well as other factors that the court has been made aware of.”
Mendes was apparently referencing allegations raised in the signed affidavits from KHS staff that Iseri-Carvalho improperly threatened to dismiss the case against Butler-Brady unless the agency fired investigator Jessica Venneman.
Mendes said the prosecutor's office plans to notify the state Attorney General of the conflict today in hopes it will agree to try the case. But Valenciano asked prosecutors how that request would affect the oft-delayed trial, since jury selection is due to start Monday.
Former prosecutor Craig DeCosta, pressing for Butler-Brady's right to a speedy trial, pointed out that the conflict of interest outlined in the KHS complaint dates back to January. “It's not like this just came up,” he said.
Valenciano agreed to continue the motion to withdraw until Thursday so that Iseri-Carvalho could get a sense of whether the AG's office will indeed take the case.
The judge next considered the prosecutor's motion to have the KHS motion stricken and sealed, which means the documents already posted on this blog would no longer be public records. Murphy claimed the documents included discussions between Mendes and KHS that “should be private.”
Murphy said that KHS attorney Dan Hempey had released the documents to this blog in an attempt to try the case in the media and get private communications out into the public.
As an aside, I'd like to take this opportunity to set the record straight: I got the documents from my own sources, not from Hempey.
DeCosta said he also would like to have some of the attachments sealed, including two photos of emaciated horses and an email from Iseri-Carvalho to KHS in which she states that the case will be dismissed because the agency has “not resolved the issues regarding your employee.”
The judge said he would either seal the entire file or none of it. At Iseri-Carvalho's suggestion, he agreed to continue the matter until Thursday.
Valenciano did note that the case had already received extensive pre-trial publicity. He said a very large juror pool is scheduled to convene on Monday in hopes of finding impartial jurors who can give Butler-Brady a fair trial.
DeCosta said KHS “has even put on its own website several pieces of evidence that will be presented in this case,” which he thought might prevent his client from getting a fair trial.
“If KHS wants to jeopardize its own case, that's its right,” said Valenciano, noting that he was not inclined to strike and seal the file. “We will just have to deal with that in jury selection. But I don't want the attorneys running to the media to try this case in the media.”
Earlier, in responding to the KHS motion, Valenciano said the prosector is not mandated to try any case that comes before her and she has the discretion to dismiss a case, even when she had previously agreed to prosecute it.
KHS had expressed fears that Iseri-Carvalho would follow through on her plans to dismiss the case, which means the horses likely would be returned to Butler-Brady and KHS would lose all chance to recover the $70,000 it's spent caring for the horses pending trial.
Valenciano told Iseri-Carvalho that “the court would expect the state to continue to assess the case and the credibility of its witnesses.”
Valenciano also rapped Hempey, and caught DeCosta off-guard, by inquiring whether DeCosta wanted to ask for fees. DeCosta stumbled a bit, then said sure, with the judge announcing he would award legal fees to DeCosta, but not the state.
I was listening to reports of the problems that arise when nearly three feet of rain fall on households that have cesspools and septic systems that cease to function well and overflow, and how the challenges are increased when the electricity is off and food supplies are running low. Once again, we're reminded why it's unwise to have so many vacation rentals on the west side of the Hanalei bridge.
It's going to take a while to dig out from this one, and even longer for the beaches and reefs to recover from all the dirty water that's been washed into the sea.
Meanwhile, county Prosecutor Shaylene Iseri-Carvalho is trying to recover after her office's very dirty laundry was aired in a motion filed last Friday by the Kauai Humane Society.
Forgoing a scheduled trip to Las Vegas to appear in court this morning, Iseri-Carvalho was joined by Deputy Prosecutors John Murphy and Melinda Mendes in trying to beat back the Humane Society's attempt to have her recused from the Lara Butler-Brady horse abuse case.
But though Judge Randal Valenciano ruled that KHS lacked standing to bring the complaint, the agency seems poised to get what it wants, which is to see the case move forward under a different prosecutor.
That's because the prosecutor's office filed its own motion to withdraw from the case, citing a conflict of interest. Mendes told the judge a conflict exists because the case may involve witnesses who are employed by the prosecutor's office, “as well as other factors that the court has been made aware of.”
Mendes was apparently referencing allegations raised in the signed affidavits from KHS staff that Iseri-Carvalho improperly threatened to dismiss the case against Butler-Brady unless the agency fired investigator Jessica Venneman.
Mendes said the prosecutor's office plans to notify the state Attorney General of the conflict today in hopes it will agree to try the case. But Valenciano asked prosecutors how that request would affect the oft-delayed trial, since jury selection is due to start Monday.
Former prosecutor Craig DeCosta, pressing for Butler-Brady's right to a speedy trial, pointed out that the conflict of interest outlined in the KHS complaint dates back to January. “It's not like this just came up,” he said.
Valenciano agreed to continue the motion to withdraw until Thursday so that Iseri-Carvalho could get a sense of whether the AG's office will indeed take the case.
The judge next considered the prosecutor's motion to have the KHS motion stricken and sealed, which means the documents already posted on this blog would no longer be public records. Murphy claimed the documents included discussions between Mendes and KHS that “should be private.”
Murphy said that KHS attorney Dan Hempey had released the documents to this blog in an attempt to try the case in the media and get private communications out into the public.
As an aside, I'd like to take this opportunity to set the record straight: I got the documents from my own sources, not from Hempey.
DeCosta said he also would like to have some of the attachments sealed, including two photos of emaciated horses and an email from Iseri-Carvalho to KHS in which she states that the case will be dismissed because the agency has “not resolved the issues regarding your employee.”
The judge said he would either seal the entire file or none of it. At Iseri-Carvalho's suggestion, he agreed to continue the matter until Thursday.
Valenciano did note that the case had already received extensive pre-trial publicity. He said a very large juror pool is scheduled to convene on Monday in hopes of finding impartial jurors who can give Butler-Brady a fair trial.
DeCosta said KHS “has even put on its own website several pieces of evidence that will be presented in this case,” which he thought might prevent his client from getting a fair trial.
“If KHS wants to jeopardize its own case, that's its right,” said Valenciano, noting that he was not inclined to strike and seal the file. “We will just have to deal with that in jury selection. But I don't want the attorneys running to the media to try this case in the media.”
Earlier, in responding to the KHS motion, Valenciano said the prosector is not mandated to try any case that comes before her and she has the discretion to dismiss a case, even when she had previously agreed to prosecute it.
KHS had expressed fears that Iseri-Carvalho would follow through on her plans to dismiss the case, which means the horses likely would be returned to Butler-Brady and KHS would lose all chance to recover the $70,000 it's spent caring for the horses pending trial.
Valenciano told Iseri-Carvalho that “the court would expect the state to continue to assess the case and the credibility of its witnesses.”
Valenciano also rapped Hempey, and caught DeCosta off-guard, by inquiring whether DeCosta wanted to ask for fees. DeCosta stumbled a bit, then said sure, with the judge announcing he would award legal fees to DeCosta, but not the state.
Monday, March 5, 2012
Musings: Credibility Problems
Dark skies, fog draping the jagged peaks of Makaleha, torrential rains – another four inches overnight at my house — and a temperature reading of just 66 degrees have me feeling like I'm living in Kokee rather than Kapahi. Not that I'm complaining, though the laundry is piling up, my garden is in tatters and it's been a more than a week since I was in the ocean.
A friend called from Haena last night, reveling in the solitude that can be achieved on the North Shore only through road closures, to say, “We love the rain!” I could hear it pounding in the background as he regaled me with tales of thundering waterfalls, swollen streams. “I only called to join forces with you because I know there are probably a hundred times more people crying for the rain to stop,” he said with a laugh.
Like maybe some of the folks at Koloa Camp — apparently one family took refuge for a time yesterday at an emergency shelter, though residents told me flooding is a way of life there. Yet still they want to stay, and on Friday they got the support of the entire Hawaii Senate, with the exception of Sen. Sam Slom.
Calling Grove Farm's plan to raze Koloa Camp “a tragic loss not only to the plantation tenants who stand to lose their homes, but also to the State,” Senators passed a resolution urging Grove Farm to let residents stay past the March 8 eviction date and “engage in meaningful discussions” with tenants to develop alternatives.
Apparently that isn't happening, with Grove Farm's Marissa Sandblom telling The Garden Island:
[M]ost of the tenants are cooperating and that Grove Farm is working with them toward transitioning elsewhere.
“For the tenants who have taken the initiative to find housing, we have offered to reimburse them for moving expenses up to $3,000,” Sandblom said. “We offered to rent one of our Lihu‘e rental units to multiple Koloa Camp tenants. We are also working with one tenant to move their existing house to another property they own.”
But tenants cast aspersions on Sandblom's credibility, saying only one family has moved and no one has been offered cash, a rental or anything else.
Meanwhile, a hearing is scheduled for tomorrow morning on the Kauai Humane Society's motion — “a court document that lays out a case for extortion committed by the prosecuting attorney,” to borrow the words of a commenter. The motion seeks to have Shaylene Iseri-Carvalho recused from a horse abuse case.
I'm wondering if Shay and/or her first deputy, Jake Delaplane, will cancel their trip to Las Vegas so they can defend the office, or if they'll send someone else to argue against the motion.
But allegations against Shay aren't the only nuggets to be mined from the the motion and its signed affidavits. The documents also reveal the kind of petty, intrusive behavior that causes so much ill will toward KHS.
Like the way KHS investigator Jessica Venneman handled a call about possibly abandoned dogs from a woman who had previously made numerous unfounded complaints against her neighbor. Jessica acknowledged that the dog owner felt his neighbor was using KHS to harass him, and she also stated that the man's dogs “were overall healthy and in good shape” and living in clean kennels. Yet she nevertheless admitted to going onto the man's property to check the dogs and leaving water for some.
How does she think she has that right? It's no wonder Shay reportedly felt Jessica lacked an understanding of protections provided by the Fourth Amendment.
And then there was the complaint about a howling dog that was made on Dec. 29, 2011, but Jessica didn't check it out until Jan. 3, 2012. As Shay reportedly said, by that time the complaint was stale and should've been dropped.
But Jessica went anyway and found all was well — the dogs were “sleeping in the kennels... looked healthy and...had water.” But instead of backing off, especially when a resident, who is reportedly Shay's cousin, accused her of trespassing, she started bugging him about whether the dogs had licenses.
Come on. Dogs have to be wearing licenses while sleeping in kennels in their own yards? People have to produce licenses upon demand at their own home? That's a bunch of bullshit. And surely she could see that wasn't the time to be pushing the matter — unless, of course, she wanted to stir things up, which is exactly what happened when the man called Shay who reportedly came down on Jessica.
Truth be told, I don't blame Shay for getting pissed at Jessica over the phone. Based on my own dealings with her, the girl's got a seriously smug and snotty attitude. I got into it with Jessica myself after Paele was attacked by dogs owned by my former neighbor Andy. Immediately after the attack, I called in a complaint to KHS with all the details.
Later that day, Jessica left a message requesting more info, and I returned her call, leaving her with two numbers where she could reach me. She never called back. I called her three more times and finally reached her several weeks later. Things got off on the wrong foot when she vehemently denied that I had called her multiple times. But I really got mad when she told me she had decided to issue Andy a verbal warning rather than a leash law citation because I'd never returned her call with details, so she figured it must not have been serious.
Then she told me I would have to come into KHS to file a written complaint if I wanted her to do anything more. But even then, I would have to show either vet bills or have photographic evidence of Andy's dogs off leash and attacking before she would issue a citation. Needless to say, I felt totally screwed.
But that wasn't the worst of it. As I wrote in a subsequent blog post:
And then I recalled how Andy had previously told me that KHS came out one time to cite him for a leash law violation, but the officer turned out to be his former student, and so she let him off.
Yes, that former student was Jessica, who apparently twice engaged in her own preferential treatment of Andy, even as she reportedly intimated that the prosecutor wanted special treatment for her cousin.
A short time later, I was out walking my dogs when I ran into a friend who started going off about Jessica, and her own frustration and anger about Jessica's laissez faire attitude toward a dog that had attacked and seriously injured my friend's dog. But what made her the maddest was Jessica's smart ass attitude and repeated misrepresentations.
So although the prosecutor shouldn't be involved in personnel issues at KHS, maybe the agency needs to take a closer look at Jessica's credibility and how she is handling herself out in the field.
And then maybe it could revise some of the policies that continually put it in conflict with people who aren't mistreating their dogs, while the true perps run free.
A friend called from Haena last night, reveling in the solitude that can be achieved on the North Shore only through road closures, to say, “We love the rain!” I could hear it pounding in the background as he regaled me with tales of thundering waterfalls, swollen streams. “I only called to join forces with you because I know there are probably a hundred times more people crying for the rain to stop,” he said with a laugh.
Like maybe some of the folks at Koloa Camp — apparently one family took refuge for a time yesterday at an emergency shelter, though residents told me flooding is a way of life there. Yet still they want to stay, and on Friday they got the support of the entire Hawaii Senate, with the exception of Sen. Sam Slom.
Calling Grove Farm's plan to raze Koloa Camp “a tragic loss not only to the plantation tenants who stand to lose their homes, but also to the State,” Senators passed a resolution urging Grove Farm to let residents stay past the March 8 eviction date and “engage in meaningful discussions” with tenants to develop alternatives.
Apparently that isn't happening, with Grove Farm's Marissa Sandblom telling The Garden Island:
[M]ost of the tenants are cooperating and that Grove Farm is working with them toward transitioning elsewhere.
“For the tenants who have taken the initiative to find housing, we have offered to reimburse them for moving expenses up to $3,000,” Sandblom said. “We offered to rent one of our Lihu‘e rental units to multiple Koloa Camp tenants. We are also working with one tenant to move their existing house to another property they own.”
But tenants cast aspersions on Sandblom's credibility, saying only one family has moved and no one has been offered cash, a rental or anything else.
Meanwhile, a hearing is scheduled for tomorrow morning on the Kauai Humane Society's motion — “a court document that lays out a case for extortion committed by the prosecuting attorney,” to borrow the words of a commenter. The motion seeks to have Shaylene Iseri-Carvalho recused from a horse abuse case.
I'm wondering if Shay and/or her first deputy, Jake Delaplane, will cancel their trip to Las Vegas so they can defend the office, or if they'll send someone else to argue against the motion.
But allegations against Shay aren't the only nuggets to be mined from the the motion and its signed affidavits. The documents also reveal the kind of petty, intrusive behavior that causes so much ill will toward KHS.
Like the way KHS investigator Jessica Venneman handled a call about possibly abandoned dogs from a woman who had previously made numerous unfounded complaints against her neighbor. Jessica acknowledged that the dog owner felt his neighbor was using KHS to harass him, and she also stated that the man's dogs “were overall healthy and in good shape” and living in clean kennels. Yet she nevertheless admitted to going onto the man's property to check the dogs and leaving water for some.
How does she think she has that right? It's no wonder Shay reportedly felt Jessica lacked an understanding of protections provided by the Fourth Amendment.
And then there was the complaint about a howling dog that was made on Dec. 29, 2011, but Jessica didn't check it out until Jan. 3, 2012. As Shay reportedly said, by that time the complaint was stale and should've been dropped.
But Jessica went anyway and found all was well — the dogs were “sleeping in the kennels... looked healthy and...had water.” But instead of backing off, especially when a resident, who is reportedly Shay's cousin, accused her of trespassing, she started bugging him about whether the dogs had licenses.
Come on. Dogs have to be wearing licenses while sleeping in kennels in their own yards? People have to produce licenses upon demand at their own home? That's a bunch of bullshit. And surely she could see that wasn't the time to be pushing the matter — unless, of course, she wanted to stir things up, which is exactly what happened when the man called Shay who reportedly came down on Jessica.
Truth be told, I don't blame Shay for getting pissed at Jessica over the phone. Based on my own dealings with her, the girl's got a seriously smug and snotty attitude. I got into it with Jessica myself after Paele was attacked by dogs owned by my former neighbor Andy. Immediately after the attack, I called in a complaint to KHS with all the details.
Later that day, Jessica left a message requesting more info, and I returned her call, leaving her with two numbers where she could reach me. She never called back. I called her three more times and finally reached her several weeks later. Things got off on the wrong foot when she vehemently denied that I had called her multiple times. But I really got mad when she told me she had decided to issue Andy a verbal warning rather than a leash law citation because I'd never returned her call with details, so she figured it must not have been serious.
Then she told me I would have to come into KHS to file a written complaint if I wanted her to do anything more. But even then, I would have to show either vet bills or have photographic evidence of Andy's dogs off leash and attacking before she would issue a citation. Needless to say, I felt totally screwed.
But that wasn't the worst of it. As I wrote in a subsequent blog post:
And then I recalled how Andy had previously told me that KHS came out one time to cite him for a leash law violation, but the officer turned out to be his former student, and so she let him off.
Yes, that former student was Jessica, who apparently twice engaged in her own preferential treatment of Andy, even as she reportedly intimated that the prosecutor wanted special treatment for her cousin.
A short time later, I was out walking my dogs when I ran into a friend who started going off about Jessica, and her own frustration and anger about Jessica's laissez faire attitude toward a dog that had attacked and seriously injured my friend's dog. But what made her the maddest was Jessica's smart ass attitude and repeated misrepresentations.
So although the prosecutor shouldn't be involved in personnel issues at KHS, maybe the agency needs to take a closer look at Jessica's credibility and how she is handling herself out in the field.
And then maybe it could revise some of the policies that continually put it in conflict with people who aren't mistreating their dogs, while the true perps run free.
Friday, March 2, 2012
Iseri-Carvalho Responds
When asked if she would like to respond to the Kauai Humane Society's motion for her recusal, County Prosecutor Shaylene Iseri-Carvalho replied:
This is another attempt by Mr. Hempey to smear my reputation and engage in negative politics. His tactics of intimidation and dishonesty are disheartening. Unlike him, we choose to file our motions and have them heard in court, which is the appropriate tribunal. His desire to sensationalize and try his case in the media without providing ALL of the facts is an insult to the people of Kauai.
This is another attempt by Mr. Hempey to smear my reputation and engage in negative politics. His tactics of intimidation and dishonesty are disheartening. Unlike him, we choose to file our motions and have them heard in court, which is the appropriate tribunal. His desire to sensationalize and try his case in the media without providing ALL of the facts is an insult to the people of Kauai.
Humane Society Wants Iseri-Carvalho Recused From Horse Abuse Case
The Kauai Humane Society is asking the court to recuse Prosecuting Attorney Shaylene Carvalho-Iseri from the animal cruelty case against Lara Butler-Brady because she has become personally involved.
The motion filed in Circuit Court yesterday claims that Iseri-Carvalho intends to dismiss the case, which is set for trial March 11, because the agency will not fire Jessica Venneman, who investigated the alleged abuse and neglect of Brady-Butler's horses.
In a declaration, KHS Executive Director Shannon Blizzard detailed attempts by Iseri-Carvalho to have Venneman disciplined or terminated following a personal run-in between the two women this past January.
It all started when Venneman checked out a barking dog complaint involving a man who reportedly is Iseri-Carvalho's cousin and married to a woman who works in the prosecutor's office. When Venneman tried to get the man to license his dogs, tensions escalated. He reportedly called Iseri-Carvalho, who in turn called Venneman, resulting in a heated conversation between the two women.
Iseri-Carvalho later complained to Blizzard about Venneman, saying she had lied and also had insulted her by implying she was seeking preferential treatment for the man. In further discussions, KHS staff said they felt Iseri-Carvalho was making it clear that her decision about whether to proceed with the horse abuse case hinged on Venneman's termination.
Prior to the run-in, the prosecutor's office had assured KHS the case was good and winnable, and no mention had been made of dropping it, the motion states. But after the incident, Iseri-Carvalho sent Blizzard the following email, which threw the trial in doubt:
Aloha Shannon:
I just was handed a letter dated February 24, 2012 that was addressed to Marla Torres-Lam regarding Lara Butler-Brady's trial. As you already know, we have made numerous exceptions in this matter which our office can no longer afford to do. The OPA never authorized any witnessed back from the Mainland for a misdemeanor case, except this case. We agree this is a very important case. For this reason, it is extremely rare that we have an experienced felony deputy utilize her experience on a misdemeanor case when she has almost 100 serious heinous felony cases that total thousands of criminal counts. This is a huge exception. We have expended thousands and thousands of dollars. We have limited resources. My office has bent over backwards to accommodate your needs. You have been made aware of the credibility of one of the main witnesses that directly affect the integrity of this office's reputation. We will not bringing Dr. Rhodes back and cannot in ethical conscience proceed when you have not resolved the issues regarding your employee. (emphasis added in court documents). This information has already been provided to you in person at our last meeting.
Shaylene Iseri-Carvalho
The motion filed by KHS contends that a special prosecutor is warranted because Iseri-Carvalho is failing to prosecute crimes as the county charter requires, and has not cited proper reasons for her intent to dismiss the case:
Instead, the prosecutor states two justifications for her decision to dismiss the case — money and her dispute with the investigator.... Neither of these two reasons appear in the [American Bar Association] guidelines regarding dismissal of criminal prosecutions. Indeed, cost is not an issue, as movant Humane Society has already secured financial commitments necessary to secure the presence of necessary witnesses at trial. Thus this prosecution will “cost” no more than any “standard” prosecution of sixteen counts of cruelty to animals. This leaves the other reason the prosecutor refused to prosecute these crimes against animals — she is concerned with her office's reputation if she prosecutes a case in which she has accused an investigator of misrepresenting a totally unrelated conversation, a year and a half after the subject violation.
Movant suggests the appointment of a special prosecutor provides the best assurance that animal cruelty will not go unprosecuted and the Office of the Prosecuting Attorney will have its reputation left intact.
The court documents outline another recent incident in which Iseri-Carvalho contacted Blizzard to say that Renie Judd, who works in the prosecutor's office, wanted to make a trespassing complaint against Venneman for coming onto her property. Venneman had left water for dogs owned by Darren Judd, the woman's husband, as she has several times in the past. KHS staff felt it was intended as more pressure to terminate Venneman.
The documents also include details of a telephone conversation between deputy prosecutor Melinda Mendes, who is handling the horse abuse case, and Blizzard. During the call, Blizzard states, Mendes noticed an email from Iseri-Carvalho:
There was panic in her voice, as she thought she had just been fired. Ms. Mendes …. read the email, “I, and other people, have issues with Jessica and the reputation of this office. If you do not agree with us, this might not be the right office for you.”
Blizzard also tells of a Feb. 23 phone conversation with Mendes, who relayed that Iseri-Carvalho planned to dismiss the case the day of the trial:
Ms. Mendes asked Ms. Iseri-Carvalo what their grounds were for dropping the case. Ms. Iseri-Carvalho said Ms. Mendes would state she is not prepared to go to trial and request the case be dismissed. Ms Mendes told me she was not going to take the fall on this case. She said she would not be “fucked over.”
In her affidavit, KHS Board President Elizabeth Frietas recounted a Feb. 10 meeting she attended with Mendes, Blizzard and Orianna Skomoroch of KHS to discuss a possible plea deal with Butler-Brady. At the meeting, Mendes reportedly said she did not have any problems with Venneman's actions. Frietas went on to recount:
Ms. Mendes said she wanted to have a conversation with us that was “off the record.” She said if we repeated this she would be fired.
Ms. Mendes said she had no idea what Ms. Iseri-Carvalho was going to do but that she was concerned. She is hoping this is not over a “personal vendetta.”
Ms. Mendes said she was working very hard on this plea deal because she was not sure what her boss was going to do and it worried her.
Ms. Mendes thought that Ms. Iseri-Carvalho should conflict out.
In addition to the appointment of a special prosecutor, the Humane Society also is seeking pre-trial forfeiture of 16 horses seized from Brady-Butler's pastures “to ensure the horses are adequately protected.” KHS has cared for the horses since May 2010, incurring costs of about $70,000. It also filed an exparte motion asking for an expedited hearing.
The motion filed in Circuit Court yesterday claims that Iseri-Carvalho intends to dismiss the case, which is set for trial March 11, because the agency will not fire Jessica Venneman, who investigated the alleged abuse and neglect of Brady-Butler's horses.
In a declaration, KHS Executive Director Shannon Blizzard detailed attempts by Iseri-Carvalho to have Venneman disciplined or terminated following a personal run-in between the two women this past January.
It all started when Venneman checked out a barking dog complaint involving a man who reportedly is Iseri-Carvalho's cousin and married to a woman who works in the prosecutor's office. When Venneman tried to get the man to license his dogs, tensions escalated. He reportedly called Iseri-Carvalho, who in turn called Venneman, resulting in a heated conversation between the two women.
Iseri-Carvalho later complained to Blizzard about Venneman, saying she had lied and also had insulted her by implying she was seeking preferential treatment for the man. In further discussions, KHS staff said they felt Iseri-Carvalho was making it clear that her decision about whether to proceed with the horse abuse case hinged on Venneman's termination.
Prior to the run-in, the prosecutor's office had assured KHS the case was good and winnable, and no mention had been made of dropping it, the motion states. But after the incident, Iseri-Carvalho sent Blizzard the following email, which threw the trial in doubt:
Aloha Shannon:
I just was handed a letter dated February 24, 2012 that was addressed to Marla Torres-Lam regarding Lara Butler-Brady's trial. As you already know, we have made numerous exceptions in this matter which our office can no longer afford to do. The OPA never authorized any witnessed back from the Mainland for a misdemeanor case, except this case. We agree this is a very important case. For this reason, it is extremely rare that we have an experienced felony deputy utilize her experience on a misdemeanor case when she has almost 100 serious heinous felony cases that total thousands of criminal counts. This is a huge exception. We have expended thousands and thousands of dollars. We have limited resources. My office has bent over backwards to accommodate your needs. You have been made aware of the credibility of one of the main witnesses that directly affect the integrity of this office's reputation. We will not bringing Dr. Rhodes back and cannot in ethical conscience proceed when you have not resolved the issues regarding your employee. (emphasis added in court documents). This information has already been provided to you in person at our last meeting.
Shaylene Iseri-Carvalho
The motion filed by KHS contends that a special prosecutor is warranted because Iseri-Carvalho is failing to prosecute crimes as the county charter requires, and has not cited proper reasons for her intent to dismiss the case:
Instead, the prosecutor states two justifications for her decision to dismiss the case — money and her dispute with the investigator.... Neither of these two reasons appear in the [American Bar Association] guidelines regarding dismissal of criminal prosecutions. Indeed, cost is not an issue, as movant Humane Society has already secured financial commitments necessary to secure the presence of necessary witnesses at trial. Thus this prosecution will “cost” no more than any “standard” prosecution of sixteen counts of cruelty to animals. This leaves the other reason the prosecutor refused to prosecute these crimes against animals — she is concerned with her office's reputation if she prosecutes a case in which she has accused an investigator of misrepresenting a totally unrelated conversation, a year and a half after the subject violation.
Movant suggests the appointment of a special prosecutor provides the best assurance that animal cruelty will not go unprosecuted and the Office of the Prosecuting Attorney will have its reputation left intact.
The court documents outline another recent incident in which Iseri-Carvalho contacted Blizzard to say that Renie Judd, who works in the prosecutor's office, wanted to make a trespassing complaint against Venneman for coming onto her property. Venneman had left water for dogs owned by Darren Judd, the woman's husband, as she has several times in the past. KHS staff felt it was intended as more pressure to terminate Venneman.
The documents also include details of a telephone conversation between deputy prosecutor Melinda Mendes, who is handling the horse abuse case, and Blizzard. During the call, Blizzard states, Mendes noticed an email from Iseri-Carvalho:
There was panic in her voice, as she thought she had just been fired. Ms. Mendes …. read the email, “I, and other people, have issues with Jessica and the reputation of this office. If you do not agree with us, this might not be the right office for you.”
Blizzard also tells of a Feb. 23 phone conversation with Mendes, who relayed that Iseri-Carvalho planned to dismiss the case the day of the trial:
Ms. Mendes asked Ms. Iseri-Carvalo what their grounds were for dropping the case. Ms. Iseri-Carvalho said Ms. Mendes would state she is not prepared to go to trial and request the case be dismissed. Ms Mendes told me she was not going to take the fall on this case. She said she would not be “fucked over.”
In her affidavit, KHS Board President Elizabeth Frietas recounted a Feb. 10 meeting she attended with Mendes, Blizzard and Orianna Skomoroch of KHS to discuss a possible plea deal with Butler-Brady. At the meeting, Mendes reportedly said she did not have any problems with Venneman's actions. Frietas went on to recount:
Ms. Mendes said she wanted to have a conversation with us that was “off the record.” She said if we repeated this she would be fired.
Ms. Mendes said she had no idea what Ms. Iseri-Carvalho was going to do but that she was concerned. She is hoping this is not over a “personal vendetta.”
Ms. Mendes said she was working very hard on this plea deal because she was not sure what her boss was going to do and it worried her.
Ms. Mendes thought that Ms. Iseri-Carvalho should conflict out.
In addition to the appointment of a special prosecutor, the Humane Society also is seeking pre-trial forfeiture of 16 horses seized from Brady-Butler's pastures “to ensure the horses are adequately protected.” KHS has cared for the horses since May 2010, incurring costs of about $70,000. It also filed an exparte motion asking for an expedited hearing.
Thursday, March 1, 2012
Musings: Chief's Wife Appeals to Council
You certainly wouldn't know it from reading the account in The Garden Island, but the police chief's wife — a human resources professional — dropped a few bombshells at the County Council meeting last night.
For starters, Solette Perry revealed that the mayor had “a settlement discussion” with Chief Darryl Perry when the two met this past Monday night. But she was unable to provide details before County Attorney Al Castillo jumped in, for the third time, to advise Council Chairman Jay Furfaro to prevent her from discussing employment matters.
“I'm going to continue because Mr. Castillo is about to learn that we are not going to engage in a settlement that compromises the integrity and the honesty of the chief of police where he's asked to disregard open insubordination toward him from his two senior officers,” she said. “That's not something we can live with.”
Mrs. Perry, who said she came to testify because “the Kauai Police Department and the community of Kauai needs your help,” gave this account of events:
On Jan. 30, the chief was called into the mayor's office for what he thought would be a meeting on another issue. It was attended by the mayor, Managing Director Gary Heu and Deputy County Attorneys Justin Kollar and Marc Guyot. The chief was read a letter from the mayor that stated he had received a complaint from a employee alleging a hostile work environment at KPD, and the county had a duty to take such things seriously.
The Chief was told he was not under investigation, but at the end of the letter, it stated “that while this investigation against you is pending, we expect you to carry out your duties to the utmost of your abilities.”
Mrs. Perry said the chief tried to clarify whether he was under investigation or not, and was repeatedly assured he was not, “yet the last line in that letter was clear and unambiguous.” The chief also was told to put Assistant Chief Ale Quibilan on paid leave pending investigation, which he did.
Throughout that evening, the chief continued to feel uneasy about the lack of clarity regarding his own investigation, and felt “he was being subjected to a possible hostile work environment” where he was directed to to work and the complaintant was left at the workplace "and he was told to avoid her at any cost and not have direct contact with her."
Then Castillo jumped in to say her testimony was outside the the agenda, but Furfaro said she had the right to speak to the Executive Session that was posted on the agenda.
She continued:
"Throughout this period of time, which has been approximately one month now, the chief of police has been under constant, and I'll say this word, attack, from the office of the mayor and his administration. What was not truthful and not disclosed to the public, because it is personnel information, is that the mayor of the county of Kauai suspended the chief of police for seven days. You know, I don't see that language in our charter anywhere that ives the authority of the mayor to do that. In fact, I do see specific language which provides a hearing and written statement to the chief if there are any proceedings that are coming before him in front of the police commission.”
She then went on to report that when the chief returned to work, after the police commission had unanimously voted that he should be reinstated, he directed Acting Deputy Chief Mark Begley three times to give him his gun, badge, ID and keys to his office, but Begley refused “and demonstrated grave insubordination in accordance with the standards of conduct.”
Mrs. Perry said Begley stated he was acting under the direction of the mayor.
“Now I don't see that anywhere in the charter provisions that allows the mayor to withhold the office of the chief under whose appointment was the police commission and it is the police commission that should direct the police chief.”
Castillo again came up to advise Furfaro that “this is an employment matter and it shouldn't be aired in the public.” But Furfaro again said he would allow her to speak, but would not allow the Council to ask questions.
Mrs. Perry then went on to say that Acting Chief Mike Contrades had received direction from Heu not to provide the chief with his equipment “so he could effectively perform his duties.”
She briefly addressed the settlement meeting before Castillo jumped in again, then she finished up by saying the chief would not "engage in a settlement discussion" under the terms first proposed.
At this point, Furfaro said, “This role of this council is to be a body to hear from our citizens about items that we interact with the administration and so forth. The body doesn't have any authority at this particular time as it relates to certain commission that the police department is a part of.”
Mrs. Perry closed by saying, “And the reason why I am here is to demonstrate that that authority that is in question in executive session has been far exceeded within the constraints of the charter and I'm asking this body to ... seek an investigation, a full and fair investigation, on matters concerning the Kauai Police Department and I'm asking this body to consider that there be special counsel to assist the the Police Chief and Police Commission so that they can fully effectuate their authority under this charter that they've been prevented from over and over and over.”
In looking at the comments on The Garden Island's story, I can only wonder why the paper failed to provide any substance in its report so that readers could understand that there's a very good reason why Mrs. Perry, who has the human resources expertise that the county lacks, shouldn't “stay home and bake cookies.”
If you want to see and listen for yourself, just go to the the webcast site, click on video under the Feb. 29 meeting and fast forward to the 10:26:05 mark.
For starters, Solette Perry revealed that the mayor had “a settlement discussion” with Chief Darryl Perry when the two met this past Monday night. But she was unable to provide details before County Attorney Al Castillo jumped in, for the third time, to advise Council Chairman Jay Furfaro to prevent her from discussing employment matters.
“I'm going to continue because Mr. Castillo is about to learn that we are not going to engage in a settlement that compromises the integrity and the honesty of the chief of police where he's asked to disregard open insubordination toward him from his two senior officers,” she said. “That's not something we can live with.”
Mrs. Perry, who said she came to testify because “the Kauai Police Department and the community of Kauai needs your help,” gave this account of events:
On Jan. 30, the chief was called into the mayor's office for what he thought would be a meeting on another issue. It was attended by the mayor, Managing Director Gary Heu and Deputy County Attorneys Justin Kollar and Marc Guyot. The chief was read a letter from the mayor that stated he had received a complaint from a employee alleging a hostile work environment at KPD, and the county had a duty to take such things seriously.
The Chief was told he was not under investigation, but at the end of the letter, it stated “that while this investigation against you is pending, we expect you to carry out your duties to the utmost of your abilities.”
Mrs. Perry said the chief tried to clarify whether he was under investigation or not, and was repeatedly assured he was not, “yet the last line in that letter was clear and unambiguous.” The chief also was told to put Assistant Chief Ale Quibilan on paid leave pending investigation, which he did.
Throughout that evening, the chief continued to feel uneasy about the lack of clarity regarding his own investigation, and felt “he was being subjected to a possible hostile work environment” where he was directed to to work and the complaintant was left at the workplace "and he was told to avoid her at any cost and not have direct contact with her."
Then Castillo jumped in to say her testimony was outside the the agenda, but Furfaro said she had the right to speak to the Executive Session that was posted on the agenda.
She continued:
"Throughout this period of time, which has been approximately one month now, the chief of police has been under constant, and I'll say this word, attack, from the office of the mayor and his administration. What was not truthful and not disclosed to the public, because it is personnel information, is that the mayor of the county of Kauai suspended the chief of police for seven days. You know, I don't see that language in our charter anywhere that ives the authority of the mayor to do that. In fact, I do see specific language which provides a hearing and written statement to the chief if there are any proceedings that are coming before him in front of the police commission.”
She then went on to report that when the chief returned to work, after the police commission had unanimously voted that he should be reinstated, he directed Acting Deputy Chief Mark Begley three times to give him his gun, badge, ID and keys to his office, but Begley refused “and demonstrated grave insubordination in accordance with the standards of conduct.”
Mrs. Perry said Begley stated he was acting under the direction of the mayor.
“Now I don't see that anywhere in the charter provisions that allows the mayor to withhold the office of the chief under whose appointment was the police commission and it is the police commission that should direct the police chief.”
Castillo again came up to advise Furfaro that “this is an employment matter and it shouldn't be aired in the public.” But Furfaro again said he would allow her to speak, but would not allow the Council to ask questions.
Mrs. Perry then went on to say that Acting Chief Mike Contrades had received direction from Heu not to provide the chief with his equipment “so he could effectively perform his duties.”
She briefly addressed the settlement meeting before Castillo jumped in again, then she finished up by saying the chief would not "engage in a settlement discussion" under the terms first proposed.
At this point, Furfaro said, “This role of this council is to be a body to hear from our citizens about items that we interact with the administration and so forth. The body doesn't have any authority at this particular time as it relates to certain commission that the police department is a part of.”
Mrs. Perry closed by saying, “And the reason why I am here is to demonstrate that that authority that is in question in executive session has been far exceeded within the constraints of the charter and I'm asking this body to ... seek an investigation, a full and fair investigation, on matters concerning the Kauai Police Department and I'm asking this body to consider that there be special counsel to assist the the Police Chief and Police Commission so that they can fully effectuate their authority under this charter that they've been prevented from over and over and over.”
In looking at the comments on The Garden Island's story, I can only wonder why the paper failed to provide any substance in its report so that readers could understand that there's a very good reason why Mrs. Perry, who has the human resources expertise that the county lacks, shouldn't “stay home and bake cookies.”
If you want to see and listen for yourself, just go to the the webcast site, click on video under the Feb. 29 meeting and fast forward to the 10:26:05 mark.
Wednesday, February 29, 2012
Don't Tase Me, Bro! (Updated)
Kauai police reportedly Tasered an unarmed Kapaa High School student on campus this morning.
According to a staff member who witnessed the incident, the youth was lying face down, and reportedly was not struggling or resisting, when the officer Tasered him. Police were apparently conducting a criminal investigation of an incident that happened off-campus.
I learned of this in an email sent to me, as well as Councilmen Mel Rapozo, KipuKai Kualii and Tim Bynum,reporters for The Garden Island and others. It also included this comment:
i share this news as there is a sense of shock, disgust and anger from KHS staff that KPD would subscribe to this type of behavior while questioning a student for an off campus incident.
Update: At 3:27 p.m., the county released the police department's account:
Tumua Masaniai, age 18, is a student at Kapaa High and was wanted in connection with a robbery and assault case.
At about 7:30 a.m., as students were arriving for school, a police officer recognized Masaniai on campus and attempted to arrest him, but Masaniai, who is six feet tall and weighs approximately 270 pounds, refused to submit to two officers’ repeated verbal commands. Masaniai also threatened the officers with physical harm and physically resisted officers’ attempts to handcuff him.
After warning Masaniai repeatedly that the Electronic Control Device (ECD) would be used if he did not submit, Masaniai continued making threats and resisting arrest. At that point, an officer deployed his ECD and was able to subdue Masaniai while avoiding any injury to either Masaniai or the officers involved. Masaniai was standing when the ECD was used.
Masaniai was arrested and transported to Police Cellblock after a routine medical clearance at Wilcox Hospital.
He is charged with Robbery, Unauthorized Control of a Propelled Vehicle, Resisting Arrest and Terroristic Threatening and is currently being held in lieu of $16,100 bail.
Leaving the public to wonder, what really happened?
According to a staff member who witnessed the incident, the youth was lying face down, and reportedly was not struggling or resisting, when the officer Tasered him. Police were apparently conducting a criminal investigation of an incident that happened off-campus.
I learned of this in an email sent to me, as well as Councilmen Mel Rapozo, KipuKai Kualii and Tim Bynum,reporters for The Garden Island and others. It also included this comment:
i share this news as there is a sense of shock, disgust and anger from KHS staff that KPD would subscribe to this type of behavior while questioning a student for an off campus incident.
Update: At 3:27 p.m., the county released the police department's account:
Tumua Masaniai, age 18, is a student at Kapaa High and was wanted in connection with a robbery and assault case.
At about 7:30 a.m., as students were arriving for school, a police officer recognized Masaniai on campus and attempted to arrest him, but Masaniai, who is six feet tall and weighs approximately 270 pounds, refused to submit to two officers’ repeated verbal commands. Masaniai also threatened the officers with physical harm and physically resisted officers’ attempts to handcuff him.
After warning Masaniai repeatedly that the Electronic Control Device (ECD) would be used if he did not submit, Masaniai continued making threats and resisting arrest. At that point, an officer deployed his ECD and was able to subdue Masaniai while avoiding any injury to either Masaniai or the officers involved. Masaniai was standing when the ECD was used.
Masaniai was arrested and transported to Police Cellblock after a routine medical clearance at Wilcox Hospital.
He is charged with Robbery, Unauthorized Control of a Propelled Vehicle, Resisting Arrest and Terroristic Threatening and is currently being held in lieu of $16,100 bail.
Leaving the public to wonder, what really happened?
Musings: Loving Life
I spent a little time in my chilly, windswept garden, surveying leaves made ragged by Sunday's torrential rains, beet seedlings pounded back into the soil. Yet the weeds were remarkably unscathed, as was the taro, which was loving life after that big drink of water.
Police Chief Darryl Perry can't be loving life, seeing as how his badge, gun and computer are still in lock down and he relies on the goodwill of KPD staffers to let him into Babylon, since his swipe card for the cop shop door hasn't been returned, either. But now that Mayor Bernard Carvalho is back from the Oscars — and apparently it was he who pushed for the county/KVB “Descendants” reception that gave him an excuse, and funding, to go — he and the chief finally had a sit down on Monday night, though to what end is unknown.
One (more) thing that struck me as very odd in this whole power play debacle is the way Michael Contrades was named Acting Chief in Perry's “absence,” even though he isn't on-island. Seems Contrades has been at the FBI National Academy since January and is due back in March. In the meantime, he's reportedly running the cop shop by phone, although Acting Deputy Chief Mark Begley is apparently taking his orders from the mayor/county attorney, which is why he refused to issue the chief's equipment when the Police Commission voted unanimously that Perry should return to work.
Councilman Tim Bynum can't be loving life, either, seeing as how he's facing an expensive trial on an alleged zoning violation, and a possible hefty fine and jail time if he's convicted.
The last time this matter was in court, I recall asking Deputy Prosecutor Jake Delaplane if Tim had been singled out for prosecution and he said no, some 40 persons accused of CZO violations were arraigned the same day as Tim. “Overall, we're taking a stronger stance with these violations because they haven't been enforced in the past,” Jake said.
That “stronger stance” is apparently an approach taken unilaterally by the prosecutor's office. When I met with Planning Director Mike Dahilig not long ago, I specifically asked him about the Bynum case: Had planning pushed the prosecutor to go after Tim or the other alleged CZO violators?
“We do not affirmatively ask the prosecutor to prosecute anything,” Mike said. And while “the philosophy is to be cooperative,” he said, planning never asked the prosecutor's office to start going after CZO violations and hasn't similarly stepped up enforcement on its side. However, he added diplomatically, “The prosecutor's office has the independent right to do their investigation and enforce as they see appropriate.”
Off-island owners of transient vacation rentals aren't loving life, either, not with the Lege pushing ahead on bills that would require them to hire local property managers. Realtors backing the bills say it would ensure that owners are paying all their taxes, though it's more likely an interest in increasing their own revenues that is driving this. Owners, meanwhile, view it as a money grab.
It probably is, but so what? Our impoverished state has gotta grab money from somewhere — you know, so it can finance stuff like trials against people who are protesting burial desecrations — and better to grab it from the folks who don't live here than those of us who do.
Because truthfully, when you see so many Hawaii folks struggling to pay rent and buy houses, it's kind of hard to feel sympathy for off-island TVR owners who have helped to drive up real estate prices. Like Alaska residents Meera Kohler and Marilyn Leland, who told Civil Beat they bought a Maui property three years ago that they occupy two months each year.
After factoring in association dues, lease fees, GET and TAT, housekeeping, utilities, repair and renovation, Kohler said she and Leland effectively break even.
"If we had to have an agency, the going fees are 25 percent to 45 percent," she said. "We would be operating in the red big time. Our stance is that these bills would basically put us out of business, which means we would have to sell the property."
Waaah. Of course, they've also been getting those two months of “free rent” each year, plus the equity they're building in the condo.
And you know that if the property management and real estate folks are gonna get a cut, they'll sniff out all the vacation rentals, so some of the illegal operators will be brought into compliance.
Finally, the Kauai Independent Food Bank can't be loving life, what with its shelves essentially bare and all the grocery stores now donating solely to the Kauai branch of the Hawaii Food Bank, save for Costco, which only gives away outdated baked goods and shockingly throws everything else in the dumpster.
Yet still KIFB presses on, with The Garden Island reporting for the second time in a week that it's trying to collect 100,000 pounds of food and $100,000. I'd be really curious to know how much of that 100 grand would actually be used to feed the hungry, as opposed to paying off KIFB's debts and ongoing operating expenses. Maybe it's time to give up the ghost, guys, and face reality: Hawaii Food Bank is doing what you used to, only better.
Police Chief Darryl Perry can't be loving life, seeing as how his badge, gun and computer are still in lock down and he relies on the goodwill of KPD staffers to let him into Babylon, since his swipe card for the cop shop door hasn't been returned, either. But now that Mayor Bernard Carvalho is back from the Oscars — and apparently it was he who pushed for the county/KVB “Descendants” reception that gave him an excuse, and funding, to go — he and the chief finally had a sit down on Monday night, though to what end is unknown.
One (more) thing that struck me as very odd in this whole power play debacle is the way Michael Contrades was named Acting Chief in Perry's “absence,” even though he isn't on-island. Seems Contrades has been at the FBI National Academy since January and is due back in March. In the meantime, he's reportedly running the cop shop by phone, although Acting Deputy Chief Mark Begley is apparently taking his orders from the mayor/county attorney, which is why he refused to issue the chief's equipment when the Police Commission voted unanimously that Perry should return to work.
Councilman Tim Bynum can't be loving life, either, seeing as how he's facing an expensive trial on an alleged zoning violation, and a possible hefty fine and jail time if he's convicted.
The last time this matter was in court, I recall asking Deputy Prosecutor Jake Delaplane if Tim had been singled out for prosecution and he said no, some 40 persons accused of CZO violations were arraigned the same day as Tim. “Overall, we're taking a stronger stance with these violations because they haven't been enforced in the past,” Jake said.
That “stronger stance” is apparently an approach taken unilaterally by the prosecutor's office. When I met with Planning Director Mike Dahilig not long ago, I specifically asked him about the Bynum case: Had planning pushed the prosecutor to go after Tim or the other alleged CZO violators?
“We do not affirmatively ask the prosecutor to prosecute anything,” Mike said. And while “the philosophy is to be cooperative,” he said, planning never asked the prosecutor's office to start going after CZO violations and hasn't similarly stepped up enforcement on its side. However, he added diplomatically, “The prosecutor's office has the independent right to do their investigation and enforce as they see appropriate.”
Off-island owners of transient vacation rentals aren't loving life, either, not with the Lege pushing ahead on bills that would require them to hire local property managers. Realtors backing the bills say it would ensure that owners are paying all their taxes, though it's more likely an interest in increasing their own revenues that is driving this. Owners, meanwhile, view it as a money grab.
It probably is, but so what? Our impoverished state has gotta grab money from somewhere — you know, so it can finance stuff like trials against people who are protesting burial desecrations — and better to grab it from the folks who don't live here than those of us who do.
Because truthfully, when you see so many Hawaii folks struggling to pay rent and buy houses, it's kind of hard to feel sympathy for off-island TVR owners who have helped to drive up real estate prices. Like Alaska residents Meera Kohler and Marilyn Leland, who told Civil Beat they bought a Maui property three years ago that they occupy two months each year.
After factoring in association dues, lease fees, GET and TAT, housekeeping, utilities, repair and renovation, Kohler said she and Leland effectively break even.
"If we had to have an agency, the going fees are 25 percent to 45 percent," she said. "We would be operating in the red big time. Our stance is that these bills would basically put us out of business, which means we would have to sell the property."
Waaah. Of course, they've also been getting those two months of “free rent” each year, plus the equity they're building in the condo.
And you know that if the property management and real estate folks are gonna get a cut, they'll sniff out all the vacation rentals, so some of the illegal operators will be brought into compliance.
Finally, the Kauai Independent Food Bank can't be loving life, what with its shelves essentially bare and all the grocery stores now donating solely to the Kauai branch of the Hawaii Food Bank, save for Costco, which only gives away outdated baked goods and shockingly throws everything else in the dumpster.
Yet still KIFB presses on, with The Garden Island reporting for the second time in a week that it's trying to collect 100,000 pounds of food and $100,000. I'd be really curious to know how much of that 100 grand would actually be used to feed the hungry, as opposed to paying off KIFB's debts and ongoing operating expenses. Maybe it's time to give up the ghost, guys, and face reality: Hawaii Food Bank is doing what you used to, only better.
Tuesday, February 28, 2012
Musings: Seeking Silver Linings
It's kind of a gray and somber day, one of those times when you're looking for the silver lining, the sunshine, within the clouds, which makes it a good time to talk about Koloa Camp and Kaiulani Mahuka's recent conviction for attempting to halt burial desecration.
With a March 8 eviction deadline looming, Sens. Ron Kouchi and Sen. Clayton Hee have introduced Senate Resolution 19 in an effort to intensify the pressure on Grove Farm, which plans to tear down Koloa Camp to build 50 homes. Scheduled for a public hearing this morning, it resolves:
[T]hat the Grove Farm Company is urged to allow the Koloa Plantation Camp tenants to remain on the property past the eviction date and to assign the tenants to designated affordable homes developed at Koloa Plantation Camp
From what I hear, GF President Warren Haruki, who also serves on the boards of Maui Land & Pine, Hawaiian Telcom, First Hawaiian Bank, Pacific Guardian Life Insurance Co. and Hawaii Planing Mill, Ltd., hasn't been too pleased with the adverse publicity, reportedly saying, “who the hell do those people in Koloa think they are?”
Mmmm, just regular folks looking to buy a home they love and can afford....
Meanwhile, I spent a little time this morning talking to Kaiulani, another one of those regular folks fighting a Goliath — in this case, the state. You may recall she was at the forefront of unsuccessful efforts to stop Joe Brescia from building a house atop burials at Naue. More recently, she was arrested while trying to prevent burial desecration at Kaumualii Park, where the state was constructing a septic leach field for the restrooms that serve the hordes of commercial kayak tours on the Wailua River.
Last week, a jury found her guilty of the misdemeanor charge of obstructing a government operation. James “Jimbo” Alalem is still facing trial on the same charge.
Kaiulani's attorney, Charley Foster, waged a “greater evil” defense, in which he argued that she stood in front of a backhoe to prevent greater harm after seeing bones being placed into paper bags and buckets. But Deputy Prosecutor John Murphy argued that the graves were imaginary, the bones she saw were likely pig or dog teeth, and anyway, public restrooms are a greater good.
“He said I was absolutely a criminal who needed to be punished to the full extent of the law,” Kaiulani said. “All I could think of was those little old ladies cooling their heels because they were arrested protesting burial desecration at Kawaiahao Church [on Oahu]. There has been a directive handed down from the state that there is to be no mercy for these kinds of cases.”
While it's unclear just what was being placed in those buckets and bags, the park site is known to contain burials. The Kauai-Niihau Island Burial Council earlier agreed to move some iwi after the state rejected suggestions to either use porta-potties or tap into the county's sewer system so as to avoid disturbing the burials for a leach field.
Interestingly, I recently had a talk with Koloa Camp resident John Kruse, a former member of the Kauai-Niihau Island Burial Council. He expressed dismay that the state had chosen to “put the shitter on top of iwi.”
Kaiulani thinks that's no accident. She recounted how Crazy Horse, when he was finally captured and taunted about the loss of his nation, said wherever my people are buried is my nation. Thus the idea that “wherever people are planted is their place” was introduced into the colonial mindset, she said. “What better way to do the genocide than to have that shitter on our burials? They have other options. Our graves and burials are very much the target.”
But her attorney was not allowed to argue such points, or ask about land title or present evidence of the steps Kaiulani had taken — meetings, phone calls, letters — to try and stop the construction project before she stood in front of the backhoe. Murphy, however, was permitted to maintain that she could have done 100 things other than disrupt work at the site.
“The State of Hawaii really could not allow me to win because it would open the door for everyone who comes after me,” she said. “This is really proof that there is no defense for us [kanaka maoil] and no safety for us within the State of Hawaii.”
She is set for sentencing on April 5, and could face a year in prison, as well as a hefty fine. Kaiulani said she plans to appeal, so it's likely sentencing will be stayed until the appeal is decided. Musician Liko Martin has also drafted a petition calling for a presidential pardon.
In the meantime, though she doesn't plan to curtail her efforts to protect iwi kupuna, Kaiulani holds no illusion that she and others will be able to stop the ongoing desecration of burials in the Islands.
“Hawaiians are used and turned around and stuck in a box they can't escape,” she said. “It's called apartheid. It's very clear to me that until every kanaka that is left becomes very clear this system is not working for us, until we get honest about that, we're headed to be wiped our and our culture will be prostituted forever.
“I've become very pa'a (firm) with the fact that we're not going to stop this machine. They want the Pacific Rim. To me, it's come down to the process and how I relate to people as human beings. We all need to work on building community and taking care of each other.”
Kaiulani will be discussing this issue on her KKCR radio show, “Songs of Sovereignty,” which airs from 9 to 11 a.m. Wednesday. You can listen live here.
With a March 8 eviction deadline looming, Sens. Ron Kouchi and Sen. Clayton Hee have introduced Senate Resolution 19 in an effort to intensify the pressure on Grove Farm, which plans to tear down Koloa Camp to build 50 homes. Scheduled for a public hearing this morning, it resolves:
[T]hat the Grove Farm Company is urged to allow the Koloa Plantation Camp tenants to remain on the property past the eviction date and to assign the tenants to designated affordable homes developed at Koloa Plantation Camp
From what I hear, GF President Warren Haruki, who also serves on the boards of Maui Land & Pine, Hawaiian Telcom, First Hawaiian Bank, Pacific Guardian Life Insurance Co. and Hawaii Planing Mill, Ltd., hasn't been too pleased with the adverse publicity, reportedly saying, “who the hell do those people in Koloa think they are?”
Mmmm, just regular folks looking to buy a home they love and can afford....
Meanwhile, I spent a little time this morning talking to Kaiulani, another one of those regular folks fighting a Goliath — in this case, the state. You may recall she was at the forefront of unsuccessful efforts to stop Joe Brescia from building a house atop burials at Naue. More recently, she was arrested while trying to prevent burial desecration at Kaumualii Park, where the state was constructing a septic leach field for the restrooms that serve the hordes of commercial kayak tours on the Wailua River.
Last week, a jury found her guilty of the misdemeanor charge of obstructing a government operation. James “Jimbo” Alalem is still facing trial on the same charge.
Kaiulani's attorney, Charley Foster, waged a “greater evil” defense, in which he argued that she stood in front of a backhoe to prevent greater harm after seeing bones being placed into paper bags and buckets. But Deputy Prosecutor John Murphy argued that the graves were imaginary, the bones she saw were likely pig or dog teeth, and anyway, public restrooms are a greater good.
“He said I was absolutely a criminal who needed to be punished to the full extent of the law,” Kaiulani said. “All I could think of was those little old ladies cooling their heels because they were arrested protesting burial desecration at Kawaiahao Church [on Oahu]. There has been a directive handed down from the state that there is to be no mercy for these kinds of cases.”
While it's unclear just what was being placed in those buckets and bags, the park site is known to contain burials. The Kauai-Niihau Island Burial Council earlier agreed to move some iwi after the state rejected suggestions to either use porta-potties or tap into the county's sewer system so as to avoid disturbing the burials for a leach field.
Interestingly, I recently had a talk with Koloa Camp resident John Kruse, a former member of the Kauai-Niihau Island Burial Council. He expressed dismay that the state had chosen to “put the shitter on top of iwi.”
Kaiulani thinks that's no accident. She recounted how Crazy Horse, when he was finally captured and taunted about the loss of his nation, said wherever my people are buried is my nation. Thus the idea that “wherever people are planted is their place” was introduced into the colonial mindset, she said. “What better way to do the genocide than to have that shitter on our burials? They have other options. Our graves and burials are very much the target.”
But her attorney was not allowed to argue such points, or ask about land title or present evidence of the steps Kaiulani had taken — meetings, phone calls, letters — to try and stop the construction project before she stood in front of the backhoe. Murphy, however, was permitted to maintain that she could have done 100 things other than disrupt work at the site.
“The State of Hawaii really could not allow me to win because it would open the door for everyone who comes after me,” she said. “This is really proof that there is no defense for us [kanaka maoil] and no safety for us within the State of Hawaii.”
She is set for sentencing on April 5, and could face a year in prison, as well as a hefty fine. Kaiulani said she plans to appeal, so it's likely sentencing will be stayed until the appeal is decided. Musician Liko Martin has also drafted a petition calling for a presidential pardon.
In the meantime, though she doesn't plan to curtail her efforts to protect iwi kupuna, Kaiulani holds no illusion that she and others will be able to stop the ongoing desecration of burials in the Islands.
“Hawaiians are used and turned around and stuck in a box they can't escape,” she said. “It's called apartheid. It's very clear to me that until every kanaka that is left becomes very clear this system is not working for us, until we get honest about that, we're headed to be wiped our and our culture will be prostituted forever.
“I've become very pa'a (firm) with the fact that we're not going to stop this machine. They want the Pacific Rim. To me, it's come down to the process and how I relate to people as human beings. We all need to work on building community and taking care of each other.”
Kaiulani will be discussing this issue on her KKCR radio show, “Songs of Sovereignty,” which airs from 9 to 11 a.m. Wednesday. You can listen live here.
Sunday, February 26, 2012
Musings: Colonial Mindset
I've been up watching an amazing lightning show since before 4 a.m., and thunder continues to crack, rumble and roll as the rain — nearly five inches in the last 12 hours — keeps on pouring down. I love these displays of nature's might and majesty, though my whining, panting, pacing dogs have a much different view of this storm.
A local friend called me yesterday, upset about some of the views expressed in the comments section of this blog and The Garden Island about the mayor-police chief power deadlock. As he sees it, remarks calling for an FBI investigation and county manager form of government are the racist expressions of the same colonial mindset that had the President appointing the governor while Hawaii was a territory.
“What they're saying is the locals can't rule themselves, so we'd better bring in someone from the mainland to do it,” he said.
Or in other words, some white person, as if haoles and mainlanders are somehow above cronyism, corruption and power struggles. Or more pointedly, as if haoles and mainlanders, through their overthrow of the monarchy and the Big 5's subsequent control of the Islands, didn't themselves set the stage for the kind of government we currently have on Kauai and in Hawaii.
But some folks still seem to think that everything would be fine if only those bad, backward locals re-learned their place and let the more enlightened white mainlanders run things.
You see it in anonymous (of course) comments like this:
First, recall the Mayor and make a rule that his replacment can't be a "local boy."
Or as a frequent commenter to The Garden Island who dubs himself “interesting” noted:
as much as active and long term FBI involvement would be welcome and helpful, fiascoes like this will probably continue until voter demographics change
That prompted the following exchange:
Fred Garvin:
There are more whites than any other racial category on Kauai. How racist of you to suggest that they should leave the island.
Interesting:
...i dont think your reading comp is quite on point. but i might have not been clear. the LAST thing i am suggesting is that transplants leave. on the contrary, more of them would mean less of this kind of nonsense
oh, and if you think lilly white mainland transplants are a majority group, i dunno what to tell ya
Actually, according to the 2010 Census, Caucasians are the majority group on Kauai. It reported the island's ethnic composition as: white persons 33 percent; Asians, 31.3 percent; two or more races 24.9 percent; white persons not hispanic, 30.7 percent; Native Hawaiian/Pacific Islander 9 percent; and Hispanic or Latino 9.4 percent.
And as for public corruption, a recent study by the University of Illinois determined the dirtiest places in the nation are Washington, D.C., Louisiana, Illinois, New York, Pennsylvania, Ohio, New Jersey, Florida, California and Texas. Got lotsa white people in power in those states, so I'm not sure that changing voter demographics on Kauai will solve anything here.
What I find interesting about “interesting” — who used to post on this blog as “darwin was really smart” — is that he is good friends with Nicky Michaels, the Southern California developer who, as I reported on PIKO, pioneered the scam of transforming modest beach bungalows along Kauai’s North Shore into lavish mini-resorts under building permits ostensibly issued for “unsubstantial improvements.”
This led to other mainland developers and haole Realtors getting into the act.
So yeah, it's more than a little ironic that we have a mainland transplant bitching about the corrupt county government when his good bud was contributing to and taking advantage of that corruption.
As for the FBI, well, a guy told me on Friday that he had called them, but they're not interested, said it wasn't their kuleana. Call your elected officials at the state and federal level, he was advised.
A county manager form of government isn't going to save us, either, as it would simply turn into another political plum.
Whatcha gonna do?
Well, rather than pine for the good old days of unabashed colonialism, or bash locals under cover of anonymity, keep your own act clean, educate yourself about the issues and the structure of government, speak up publicly about injustices and improprieties and get involved in building your community any way you can.
A local friend called me yesterday, upset about some of the views expressed in the comments section of this blog and The Garden Island about the mayor-police chief power deadlock. As he sees it, remarks calling for an FBI investigation and county manager form of government are the racist expressions of the same colonial mindset that had the President appointing the governor while Hawaii was a territory.
“What they're saying is the locals can't rule themselves, so we'd better bring in someone from the mainland to do it,” he said.
Or in other words, some white person, as if haoles and mainlanders are somehow above cronyism, corruption and power struggles. Or more pointedly, as if haoles and mainlanders, through their overthrow of the monarchy and the Big 5's subsequent control of the Islands, didn't themselves set the stage for the kind of government we currently have on Kauai and in Hawaii.
But some folks still seem to think that everything would be fine if only those bad, backward locals re-learned their place and let the more enlightened white mainlanders run things.
You see it in anonymous (of course) comments like this:
First, recall the Mayor and make a rule that his replacment can't be a "local boy."
Or as a frequent commenter to The Garden Island who dubs himself “interesting” noted:
as much as active and long term FBI involvement would be welcome and helpful, fiascoes like this will probably continue until voter demographics change
That prompted the following exchange:
Fred Garvin:
There are more whites than any other racial category on Kauai. How racist of you to suggest that they should leave the island.
Interesting:
...i dont think your reading comp is quite on point. but i might have not been clear. the LAST thing i am suggesting is that transplants leave. on the contrary, more of them would mean less of this kind of nonsense
oh, and if you think lilly white mainland transplants are a majority group, i dunno what to tell ya
Actually, according to the 2010 Census, Caucasians are the majority group on Kauai. It reported the island's ethnic composition as: white persons 33 percent; Asians, 31.3 percent; two or more races 24.9 percent; white persons not hispanic, 30.7 percent; Native Hawaiian/Pacific Islander 9 percent; and Hispanic or Latino 9.4 percent.
And as for public corruption, a recent study by the University of Illinois determined the dirtiest places in the nation are Washington, D.C., Louisiana, Illinois, New York, Pennsylvania, Ohio, New Jersey, Florida, California and Texas. Got lotsa white people in power in those states, so I'm not sure that changing voter demographics on Kauai will solve anything here.
What I find interesting about “interesting” — who used to post on this blog as “darwin was really smart” — is that he is good friends with Nicky Michaels, the Southern California developer who, as I reported on PIKO, pioneered the scam of transforming modest beach bungalows along Kauai’s North Shore into lavish mini-resorts under building permits ostensibly issued for “unsubstantial improvements.”
This led to other mainland developers and haole Realtors getting into the act.
So yeah, it's more than a little ironic that we have a mainland transplant bitching about the corrupt county government when his good bud was contributing to and taking advantage of that corruption.
As for the FBI, well, a guy told me on Friday that he had called them, but they're not interested, said it wasn't their kuleana. Call your elected officials at the state and federal level, he was advised.
A county manager form of government isn't going to save us, either, as it would simply turn into another political plum.
Whatcha gonna do?
Well, rather than pine for the good old days of unabashed colonialism, or bash locals under cover of anonymity, keep your own act clean, educate yourself about the issues and the structure of government, speak up publicly about injustices and improprieties and get involved in building your community any way you can.
Friday, February 24, 2012
Musings: Falling Dominoes
Flashes of lightning came in the night, and just one small rumble of thunder, though it was enough to unnerve poor Koko. But she's not the only one feeling edgy. As I described it to a friend, who agreed, life this week has seemed slightly akimbo.
I imagine that's especially true for Police Chief Darryl Perry, caught in the Kafkaesque scenario of being back on the job, without the badge, gun and uniform that spell cop. Worse, one of his officers refused his direct order to issue him the equipment. How, really, does a chief regain authority and respect from the rank and file when he has been thus humiliated?
Meanwhile, the humiliator, Mayor Bernard Carvalho, has had a rather easier time of it, seeing as how he was in LA partying last night with author Kaui Hart Hemmings, musician Cyril Pahinui and other Hawaii folks involved in the production of “The Descendents.” He's there with Sue Kanoho, director of the Kauai Visitors Bureau, who organized the “media event” to capitalize on the hoopla surrounding that movie.
So who, really, is in power on Kauai? Are we living in a police state, where a centralized figure — in this case, the mayor, or more accurately, County Attorney Al Castillo, who is advising him — controls who gets the guns?
I think the County Charter really intended for the Police Commission to provide some check on the mayor's authority, and at least some Commissioners are aware they've been usurped. As Police Commissioner Charles Iona told the Garden Island :
“He’s there,” Iona said about Perry being back at work. “But certain actions were taken that somebody is calling the shots not to return his badge, his gun and all that, just like they took the power away from the commission.”
Of course, power grabs are nothing new. More interesting is what, if anything, the Police Commission can and will do about it.
The mayor has claimed that he or his designee, Managing Director Gary Heu, must meet with Perry to develop “a shared understanding of the terms under which the Chief could return to work while the complaint is being investigated.”
But is that truly necessary when the Police Commission, which is privy to all the same confidential info as the mayor, and advised by attorneys from the same office, voted unanimously that he could return to work?
And has the mayor, in his zeal to address a hostile work environment complaint, has created precisely such an environment for the chief? Sure seems pretty hostile when your computer has been seized, you're locked out of your office and your subordinates have been directed to be insubordinate.
I'm also wondering whether the family of Dickie Louis, contemplating a lawsuit against the county over the way cops shot him down from a roof, though no weapon was apparently found, will be able to bolster its claim by citing the disarray within the department at the time of the killing.
In the meantime, the Charter Commission plans to take up the issue of the mayor's power over the chief at its meeting on Monday. The Charter obviously is missing some key language, so it's refreshing that Commissioners are stepping up to deal with it, especially since they're now considering measures that should be placed before the voters this fall.
It seems the dominoes are poised to keep falling.
I imagine that's especially true for Police Chief Darryl Perry, caught in the Kafkaesque scenario of being back on the job, without the badge, gun and uniform that spell cop. Worse, one of his officers refused his direct order to issue him the equipment. How, really, does a chief regain authority and respect from the rank and file when he has been thus humiliated?
Meanwhile, the humiliator, Mayor Bernard Carvalho, has had a rather easier time of it, seeing as how he was in LA partying last night with author Kaui Hart Hemmings, musician Cyril Pahinui and other Hawaii folks involved in the production of “The Descendents.” He's there with Sue Kanoho, director of the Kauai Visitors Bureau, who organized the “media event” to capitalize on the hoopla surrounding that movie.
So who, really, is in power on Kauai? Are we living in a police state, where a centralized figure — in this case, the mayor, or more accurately, County Attorney Al Castillo, who is advising him — controls who gets the guns?
I think the County Charter really intended for the Police Commission to provide some check on the mayor's authority, and at least some Commissioners are aware they've been usurped. As Police Commissioner Charles Iona told the Garden Island :
“He’s there,” Iona said about Perry being back at work. “But certain actions were taken that somebody is calling the shots not to return his badge, his gun and all that, just like they took the power away from the commission.”
Of course, power grabs are nothing new. More interesting is what, if anything, the Police Commission can and will do about it.
The mayor has claimed that he or his designee, Managing Director Gary Heu, must meet with Perry to develop “a shared understanding of the terms under which the Chief could return to work while the complaint is being investigated.”
But is that truly necessary when the Police Commission, which is privy to all the same confidential info as the mayor, and advised by attorneys from the same office, voted unanimously that he could return to work?
And has the mayor, in his zeal to address a hostile work environment complaint, has created precisely such an environment for the chief? Sure seems pretty hostile when your computer has been seized, you're locked out of your office and your subordinates have been directed to be insubordinate.
I'm also wondering whether the family of Dickie Louis, contemplating a lawsuit against the county over the way cops shot him down from a roof, though no weapon was apparently found, will be able to bolster its claim by citing the disarray within the department at the time of the killing.
In the meantime, the Charter Commission plans to take up the issue of the mayor's power over the chief at its meeting on Monday. The Charter obviously is missing some key language, so it's refreshing that Commissioners are stepping up to deal with it, especially since they're now considering measures that should be placed before the voters this fall.
It seems the dominoes are poised to keep falling.
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