Thursday, May 31, 2012

Musings: Dubious Firsts


The streets were wet, the eaves were dripping and the clouds appeared ominously dark, though it was hard to tell, exactly, because it still was dark when the dogs and I went out walking. The shama thrush was belting out its quavering melody, and I felt that rush of adrenalin that always comes from being out in the start of a new day. We returned home, just as the sun was rising in a gold-gilded cup, teaming up with a shower to make rainbows, and I thought, only a couple more weeks before we start losing light on the morning side again.

Speaking of light, as in sunshine, I was talking with a friend the other day about the comment Councilman Mel Rapozo made at last week's meeting, where he was saying the Council had done more in responding to possible improprieties at the Prosecutor's office "than any situation where we've had potential ethics violations and even some potential criminal allegations in the county.”

As I said to my friend, so how come we never heard anything about those cases? Why didn't the Council refer them to the Board of Ethics? Is it typical for the Council to sit on its hands when county workers/officials are acting improperly?

Then I thought about how nothing will change, at least for the next two-and-a-half years, because even though the deadline is June 5, no one has filed papers to run against any of the Council or state Lege incumbents. And I thought, wow, that's the first time in my 25 years on Kauai that everyone is getting what Andy Parx aptly termed “free passes.”

Except County Prosecutor Shaylene Iseri-Carvalho, who got a free pass in the last election, but this time is thankfully is being challenged by Deputy County Attorney Justin Kollar. And Shay holds the distinction of being the first, and only, prosecutor in the county's history to plead the Fifth.

Ah, yes, so many dubious firsts this year.

Like the Prez maintaining a secret kill list, which raises the question: so how, exactly, is he any different than Stalin or Pinochet or any of the other dictators who place themselves above the rule of law? And Americans just yawn.

Another issue that hasn't been getting much attention is a state Department of Health proposal to establish— remarkably, for the first time — rules regulating the discharge of pesticides into state waters. The rules are in response to a lawsuit brought against the EPA, which came out with its own general permit. But the states are allowed to come up with their own rules, and Hawaii, unfortunately, has come up with a set that's weaker than what EPA developed.

One major concern deals with monitoring — DOH asks merely for a quick visual check for impacts at application only “when considerations for safety and feasibility allow.”

There's also the issue of loopholes. Pesticide discharges are allowed to “maintain water flow in agricultural irrigation ditches and canals," to “protect public health or the environment,” and in “pest emergencies” that can be declared by any mayor, as well as the governor. They're also permitted if the discharge only degrades water quality on a “short term basis,” which is not defined.

Furthermore, only large operators are asked to evaluate alternatives to pesticides, and they are allowed to decide for themselves which option is best. And diverting pesticide applications from drinking water intake and distribution system is only required “if feasible.”

If you're interested, there's a video conference hearing set at 9:30 a.m. Monday — such a convenient time — in the state health office at 3040 Umi St. in Lihue.

Meanwhile, the state Division of Forestry and Wildlife is moving forward with a plan to create 105 acres of new wetlands at Mana to serve as both habitat for endangered waterbirds and a tourist attraction. A meeting earlier this week didn't attract many comments, except from marine biologist Dr. Carl Berg, who questioned whether it was such a great site, given the proximity of PMRF and the landfill, and the chemical drift from the nearby fields planed in GMO seed crops.

It's been a pet project of PAHIO developer Lyn McCrory since she sat on the Board of Land and Natural Resources, and she's even kicked in some dough. The navy, however, has apparently cooled to the project since first endorsing it a decade ago. But it still looks like it's all systems go.

38 comments:

Anonymous said...

I wonder if very few are filing to run for council because they don't want to be part of such a controversial group and or no one wants to "honor" of working with the current administration?

Anonymous said...

I for one am disenchanted with politicians and our poltical system which is corrupted by corporations and big money! The people need to rise up and create change themselves because it aint happening from government. Hawaii suffers from a lack of visionaries. One look at the mess that is Honolulu County and how they now want to make the neighbor islands pay for their uncontrolled growth says it all. What does it take to be a politician these days? Money, connections and a persuasive personality. Ethics, character, integrity,honesty get lost in the money game. Fuck em all!!!!

Anonymous said...

There are a lot of things that happen in the background that cannot be discussed publicly since it would open the county up to further litigation.

Anonymous said...

"Be the change you want to see in the world." If you don't run for office, you have no one but yourself to blame. Aloha.

Anonymous said...

There are many more effective ways to create change than to run for office!!

Anonymous said...

What kind of change? Diet, lifestyle, or other personal choices? Or are you talking about societal changes.

Anonymous said...

The Mayor and his wife receives a free trip to the Oscars from a non-profit agency that has asked for and received millions from the tax payers on Kauai all during the time the Mayor has suspended the top three law enforcement officers

No one cares.

Anonymous said...

Nope!

Anonymous said...

Shay is the only prosecutor in the history of the state to plead the fifth. She can waive her rights and answer questions. Instead, she gets a taxpayer funded lawyer. I'll vote for Justin Kollar if he promises to answer questions without a lawyer.

Anonymous said...

Iʻm kind of dumbfounded at what could be driving the unworthy rallying and support for J. Kollar.

It could only be that the hatred some have for S. Carvalho is so overpowering they have been blinded to the fact that J. Kollar is not the person to be heading the Prosecutorʻs Office. He has less than 2 years experience. He has no cultural comprehension of Hawaii/Kauai and please donʻt tell me he knows how to eat poi so heʻs akamai.

Do any of you have any concept of the enormity of experience required to run that office?

Kollar has not got what it takes. You are asking for some serious trouble along with which comes some horrendous lawsuits. The guy is wet behind the ears...ambitious, I will say that and over-confident.

Or unless itʻs a haole thing. The haoles want one the same color as them, so they feel safer. Or itʻs a woman thing, she has too much power for a woman and it should be in a manʻs hands.

Whatever it is I also believe that puffy nasty man named bynum has a few cards in the smear game.

BTW, Iʻm haole.

Anonymous said...

Setting aside the politics and racism, why is the prosecuting attorney taking the fifth? What is she hiding?

Anonymous said...

TO: June 1, 2012 1:48 PM

Actually, she has every right to plead the fifth.
And when you plead the fifth you have to be consistent and NO questions can be answered.

Iʻm not taking any sides here itʻs just that there has been a barrage of stupid baseless arguments regarding this whole attack.

Anonymous said...

She has the right to take the fifth and I have the right to viote for Justin Kollar.

Anonymous said...

Anyone know how many lawsuits there have been as a result of Shay? I know there has been at least one. Anyone know if there have been more and the dollar amounts of each?

Anonymous said...

I will take Kollar's lesser experience over Iseri's erratic behavior. She is a disgrace to the office of the prisecutung attorney.

Anonymous said...

The iriony is that Shay may have made Bynum a rich man - at taxpayer expense. I guess she underestimated his ability to get effective counsel. She overestimated her cunning in rice cooker gate. I cannot forgive her risk to taxpayer funds to satisfy a personal vendetta.

Anonymous said...

Shay does have the right to plead the fifth just like any other criminal.

Anonymous said...

Pesticides are an insidious killer. Cancer, Parkinson's disease, and other neurological and degenerative problems will gradually appear....for those who work with them, are exposed to them, or eat food or drink water contaminated by them...increasing pain, suffering, and medical care costs.

Cancer rates are climbing yearly as the pesticides increase in number world wide. You can thank Monsanto, Dow, and your local polluters for their contribution....our politicians who are supported by them do.

Dr Shibai

Anonymous said...

Here's a great video, kinda old school communist hokey, but very true.

http://www.youtube.com/watch?v=Dw-p84oWW84&feature=player_embedded

It will make you want to get rid of your tv.

Anonymous said...

Here's another good read.

http://www.forkauaionline.com/celebrate-diversity/

America = Church of the Narrow Mind.

Anonymous said...

Curious, I read that piece by Tenbruggengate and all I can say is: oh, boy, what another hypocrite.
He talks about doing things the way they do it in the particular region but here he is on the board of KIUC doing exactly what his stateside policy makers dictate.
Oh, brother. Whoʻs he trying to fool? Should stick to writing his rather dull little fictitious poems.

Anonymous said...

Anonymous said...

Here's a great video, kinda old school communist hokey, but very true.

http://www.youtube.com/watch?v=Dw-p84oWW84&feature=player_embedded

It will make you want to get rid of your tv.

June 3, 2012 8:04 AM


Thanks. Appreciated that.

Anonymous said...

BTW, there are 3 parts to this film.

Anonymous said...

Usually this means a criminal does not want to answer questions that could incriminate them. A innocent person would provide anything needed for a thorough investigation. Its like a person who drives under the influence or while intoxicated and refuses to take a breathalyzer or field sobriety. Go figure the ending to this one, its a forgone conclusion. Shall (Shay) and May (Mel) will get away with this

Anonymous said...

Police Commissioner Bradley Chiba is all over the Kauai Rants and Raves Craigslist for cheating on his wife. Shibai/Bachi

Anonymous said...

Stateside policy makers? Stop with the b.s. People who oppose smart meters must have stock in oil companies.

Anonymous said...

Hey I am new here and don't know which way to vote.
Is it correct then that we have 2 choices for prosecutor?
1) An inexperienced but honest guy who "does not know anything about local culture"; or
2) A very experienced lady who has numerous ethics probes, has cost the county big $ in lawsuits, has the Council up her ass over a supposedly illegal POHAKU program, has removed over 150% of her lawyers in just 3 years; won't hesitate to trump up bogus charges against enemies and gets often drunk like a dude just getting out of prison.

Yeah, better go with the experienced one. At lest she knows local culture.

Anonymous said...

Well the County paid $30,000 for pregnancy discrimination for that ex-victim witness person. And there is rumor the Council just voted another bunch more money to a second EEOC Shay-victim.
And pohaku is costing us already.
And the Bynum affair, well what an embarrassment.
And voting for a pros who lawyers up in the fact of tough questions ... well maybe ...
But mainly, just ask around. If you know anyone who works at the court --- just ask around. The courthouse parking lot is like a Kollar bumper sticker show.

Anonymous said...

Is that why she appointed Jake her first deputy? Because he's so tuned in to local culture despite having been on Kauai all of one year when she appointed him? Or was it his vast experience, having graduated from law school in 2008 and having worked as a prosecutor for two whole years? I'm relieved. I thought she did it because he's a sycophant willing to do whatever she tells him to do.

Anonymous said...

Common sense tells you that you must vote for the lesser of two evils. Oh thats how its done geeez thats why i voted for Kipu Kai, now I have to cancel my prescription. Complete Fail

Anonymous said...

Rumor Has It...

Anonymous said...

That's what you call a good puppy, Haoles coming to Kauai with good faith that if they learn and practice the Hawaiian Culture that they could be accepted. GOB saying we get one oda one on our side, dumb faka don't know what he getting into but is all good as long he do as I say.

Anonymous said...

KIUC just told me that they dont have a tier rate system so how am i suppose to save money. This means that it doesn't matter what time of the day i use the most electricity, it's gonna be the same kilowatt per hour so where's the savings. Is this smart meter beneficial for mankind or for profit corporations? What a bunch of bologna, I smell a Bernie Madoff, Enron, Housing market, and bank scam.

Anonymous said...

Shay appointed Jake first deputy because he has no morals. Emperor Palpatine and Darth Vader.

Anonymous said...

KIUC is a cooperative, not a for profit. The misinformation that is being spread is just incredible. We don't need government propaganda, people are just plain ignorant without it.

Anonymous said...

To: June 3, 2012 3:52 PM

Wow.
What a simple brain you have.
The other poster talking about the Bernie Madoff/Enron scams was on the mark.

To: Yes. Stateside policy makers - straight from the White House via the lobbyists and other carpetbaggers.

Anonymous said...

That makes perfect sense. Mahelona hold the doors.

Anonymous said...

Ignorance- yeah just like the Poipu marathon is a not for profit event. I don't need misinformation to figure that this is a increasing handout.