It
was more moonlight than daylight when Koko and Paele and I went out
walking on this most momentous day, when Venus transits the Sun. It
will be webcast live from the Keck telescopes, and you can also get a
lot of great info at A Darker View.
Yet
even at that very early hour, the still, cool air was already vibrating with
the sound of bees working the zillions of albezzia blossoms that
formed a feathery white canopy overhead.
The
latest political buzz centers around Gary Hooser's bid for a Kauai
County Council seat. He quite ably served on that panel from 1998 to
2002, before going on to spend eight years as our one and only state
Senator. After losing a bid for lieutenant governor, which in
hindsight was probably a blessing in disguise, given the tenor of the
Abercrombie reign, the guv appointed him director
of the state Office of Environmental Quality Control.
And
now he's back, and I'm already looking ahead two years, when he can
challenge Mayor Bernard Carvalho. Not that Gary has confided any such
plans, but it's not an unrealistic scenario, considering he's a slam
dunk for the Council. The only question is who will be bumped off to
accommodate him, and I'm wagering it won't be Nadine Nakamura,
JoAnn Yukimura or Tim Bynum, who plans to file his re-election papers
today.
Guess
no one is going to challenge Ron Kouchi, who lucked out and won
Gary's senate seat due to lack of competition after being voted off
the Council. Ron's got to be vulnerable, and I imagine Rep. Jimmy
Tokioka is, too, but face it: state Lege is a sucky job when you live
on the outer islands and have to commute to Honolulu and hang out in
the gritty city and deal with colleagues who think the world centers around
Oahu.
In
other matters, I've been having one helluva time trying to get some
public records from the Office of the Prosecuting Attorney.
Specifically, in my April 16 request I asked for :
1.
All email correspondence between Shaylene Iseri-Carvalho and/or Jake
Delaplane and/or Strategic Justice Partners LLC and/or Kirk Barrus
from June 2010 to present. [Strategic Justice is the company that
listed Jake as its agent and the OPA office as its address, and
Barrus is its president.]
2.
All email correspondence between Shaylene Iseri-Carvalho and the
Kauai County Council/Mayor from Jan. 1, 2012 to present.
3.
All Requests for Proposals for services related to Kauai Office of
Prosecuting Attorney POHAKU program.
4.
All signed contracts related to Kauai Office of Prosecuting Attorney
POHAKU program.
5.
All invoices and expenditures related to Kauai Office of Prosecuting
Attorney POHAKU program. If invoices and expenditures are not
specified as being related to POHAKU program, then all invoices and
expenditures related to Kauai Office of Prosecuting Attorney from
June 2011 to present.
Since
I'm media, I have to go through County spokeswoman Beth Tokioka, who
has been quite prompt and helpful in filling other OIP requests. She quickly replied:
I
checked with Purchasing and there are no records for #3 and #4, and
for the first sentence of #5.
That tell us a lot right there, in regards to Shay's failure to comply with the state procurement law. Over
the course of several emails, Beth and I discussed ways to narrow my
request so that it wouldn't be too onerous and expensive to fulfill,
especially since I was asking for a public interest fee waiver. On April 30, which met the 10 business days deadline for responding, I got a formal acknowledgement from Beth,
stating that in regards to items 1 and 2,
Agency
must consult with another person to determine whether the record is
exempt from disclosure under chapter 92F, HRS. Request requires
extensive agency efforts to search, review, or segregate the records,
or otherwise prepare the records for inspection or copying.
Agency requires additional time to
respond to the request in order to avoid an unreasonable interference
with its other statutory duties and functions.
Under law, the county was supposed to inform me, within 20 business days:
Whether
the agency intends (1) to disclose the record; (2) to deny access to
all or part of the information in the requested record, identifying
the portions that will not be disclosed and justifying the
nondisclosure; or that the agency is unable to disclose the record
for the reasons given. The notice will also include the agency’s
good faith estimate of all fees that will be charged to the requester
under section 2-71-19, HAR and the amount of prepayment required by
the agency, if any.
OK,
fair enough, it's a lot of stuff, and I know Shay has already claimed
the fifth to avoid disclosing some of this same material to the
Council.
Then on
May 15, I got an email from Jake, that he copied to Beth, Shaylene
and Deputy County Attorney Jennifer Winn. In it, he referenced my
original request and noted that only certain parts would be
fulfilled. The materials to be withheld would be:
Emails
and documents that contain information not subject to disclosure
under the Chapter 92 HRS provisions.
However,
the actual applicable statutes and agency justification for
withholding would not be determined until they reviewed the documents, like they don't already know what's in them. And
here's the clincher: To even get them to go look at those documents,
so they could tell me they wouldn't turn them over, I would have to
kick down:
Prepayment of fees and
costs of $ 250.88 (50% of fees +100% of costs, as estimated
below, spread throughout 4 incremental disclosures. Remaining 50%
of fees ($156.50) due after each disclosure and before next increment
will be provided.
Here's
how they pulled figures out of the air, I mean, estimated the costs:
Fees: Search Estimate
of time to be spent: 8 hours $ 80
($2.50
for each 15-minute period)
Review
& segregation Estimate of time to be spent: 61 hours $
1232
($5.00
for each 15-minute period)
Total
Estimated Fees: $ 1252
Costs: Copying Estimate
of # of pages to be copied: 1500 $ 377.50
(@
$ .50 for first 10
pages, .25 each page thereafter
)
Total
Estimated Costs: $ 377.50
***Note to requestor: The fees outlined above represent the total fees and costs associated with your request. The fees and costs will be spread over 4 incremental disclosures. The total payment required for each incremental disclosure will be $407.38.***
Such
a deal. They weren't even going to charge for the magic marker to redact all the good stuff. Needless to say, I didn't bite. I emailed Jake, and copied
Shaylene, that my request had been greatly narrowed, and his estimate
did not reflect that. I got no word back. On May 18, I sent the
following email, again copying his boss:
In
the interest of simplicity, minimizing impact on OPA staff time and
eliminating costs, I'd like to narrow my original request to the
following:
#4
-- A copy of the OPA's contract with Strategic Justice Partners.
#5
-- All invoices and expenditures related to the Pohaku program.
I
am aware that Purchasing does not have any of these documents, so I'm
looking for any of these documents that are on file in OPA's office.
I'd be glad to come in and look at them so no copying charges
are generated. And since the scope of my request has been greatly
narrowed, it seems that you should be able to review the documents in
question and let me know if you anticipate any being withheld under
HRS 92, and your justification for doing so.
Needless
to say, I received no word back from Jake and Shay, even though they
are required by law to respond with 10 business days. So I've turned
the matter over to the Office of Information Practices, which this
morning said they would be assigning the case to an investigator.
In
the meantime, Beth fulfilled three other OIP requests I made, two of
which involved email from OPA and others. Another, which involved extensive
documents from Council Services, was also fulfilled, at no charge,
and previously, the Planning Department fulfilled an extensive
request, at no charge. I'll have future posts dealing with all of
these.
So
it's quite clear that Shay and Jake are trying to stonewall the
release of public records — even if it means thumbing their nose at
the law by blowing off my request. Once again, it's not the kind of example you want to see the
Prosecutor's office set.
50 comments:
Is POHAKU a good program? If so, let's keep it. If procedures weren't followed, let's fix that problem. A witch hunt (no pun intended) is not constructive.
How can we know if POHAKU is a good program or procedures weren't followed if the prosecutor takes the fifth whenever anyone asks questions about it?
Do we need to setup a fund that people can donate to, to cover these expenses.....in an attempt to get to the truth?
Donations to get the truth out will kill more birds with one stone. I say let this get out to the public, this will affect Shay's bid for PA, get Jake's recklessness out in the open, identify POHAKU program as a poipu marathon scam, The people of Kauai will show their support for this action. Corruption cannot reign free and the GOB needs to go down for this Debacle.
Why would the prosecutor's office have to give you copies of their emails? That sounds like, kind've really stupid to me.
You wanted their complete email history for 2 years? Did you like really think you'd ever get that?
Also, have you thought maybe they just don't like you, because you are always putting them down like all the time?
I would recycle bottles and cans to fund for the truth. I will vote for Tim, Joann, and Gary. The others aren't deserving to represent the people of Kauai. Imua Tim, Joann, Gary! Mahalo for all that you do!
To, like 10:27 am:
I's like, called the public record because it's the public's business, like, you know, conducted with taxpayer money, which means, like, they are legally required to turn it over, regardless of whether they like me.
Unless, of course, they can justify withholding it under provisions outlined under state law.
No response to your request? Maybe the documents were accidentally shredded.
Joan, I appreciate your background, knowledge and tenacity to obtain public records not only on Pohaku but on any of our government dealings. Some of our politicians (parasites) representing the public have their own interests as a priority that negates any oath they took when taking and holding public office. Parasites need a host and the County of Kauai has proven time and again to be fertile ground. How do we stop this invasive species from multiplying and infecting healthy and caring minds? Your guess is as good as mine.
Private emails are public record? That's news to me. The last time I checked, public records were kept by a custodian of record, who chronicled, organized, and maintained that record on a daily basis. I highly doubt anyone's doing that for the prosecutor's personal email correspondence between the prosecutors and anyone else, public official or not.
I've never seen you get so petty in a response before. What the hell was that? It looks like a 17 yr old girl took an interest in your blog and you belittled her for questioning you by making fun of the way she talked. Are you a grown woman or just a childish bitch?
hardly think that that was an interested 17 y.o.
that joan responded to.; they , like have so much better things to do w/thier lives than, like comment on blogs about OPA !
Go get 'em, Joan! You must be getting too close to exposing the truth. That contract must have some juicy stuff if they don't want to share it with anyone. Last commenter: are you Shayme, Jake or Melfeasance?
wow, look lik childish bitch to me!
Keep the fight on! What Bin Laden did to terrorize the world, What Saddam did to the people of Iraq, What Hitler did to the Jews, What Madoff did to his Investors, What Cigarette companies do to the health of all, What Banks did to loyal customers, What the collapse of our industries and housing market did to America by big corporations, What GMO's do to our food, water, and soil, the many injustices were fought be people like Joan. Kauai needs to stand up against people like Shay, Jake, Mel, and the rest of the GOB that ruin our island. Yes Kauai is all of us and it is a beautiful island to share and protect against evil so keep the fight on!
Time for Kauai's MOB to face the music and taste the justice that they deserve. Deep down in the jungle or right up their alley of dakness that they've created another person loses their life for their financial gain. Keep the light on
Spin Spin Spin... read the article and the information Joan is seeking. It's regarding Pohaku, Jake, Shay, Strategic Justice Partners, contracts between SJP and the OPA, correspondence between the major players, and expenditures and invoices. These are all information free to the press unless criminal or civil lawsuits are pending. So the 17 yr girl analogy has no valid argument in your attempt to disguise the OPA's stall and camouflage techniques.
Wow, looks like rats running for cover to me. Shine the light, Joan.
Didn't Shay create and patent POHAKU? So who the heck is SJP, County of Kauai and the OPA should sue them for program infringement. Shay said this is her own one of a kind program that she masterfully developed. Something Smells a little fishy (stink manini) at 3990 Kaana St suite 210, Lihue, Hawaii 96766 and it looks orange and black.
alley of darkness? what hitler did to the jews? rats running for cover? parasites infecting healthy caring minds?
Who are you drama freaks? overreact much?
Yea "go get em Joan." "shine the light Joan!" rofl, wierdos.
I hope the AG can kollar that prosecutor.
Ever wonder how Jake and Shay can pretend their house of cards isn't falling apart?
Laugh Now :) , Cry Later :( Don't Mess With KARMA
"Who are you drama freaks? overreact much?"
I object! That is ridiculous! How dare you write that!
June 5, 2012 2:52 PM
Anonymous Anonymous said...
Didn't Shay create and patent POHAKU?
No. Craig de Costa did.
I had mentioned Kollarʻs lack of cultural sensitivity/knowledge and was criticized and laughed at for it.
I had a particular reason for saying that and it is because over the years, these new white boys from the states zero in on locals to make their careers because they are easy targets and the fact that they are usually racist. They go after locals for many insignificant and unsubstantiated charges, THEN trump up the charges.
When Kollar was on the radio I asked him what is the law regarding ex-felons and voting. He said they canʻt vote in Hawaii. When I corrected him, he said heʻd have to look into Hawaii law on that. hmmmmm. I feel so secure he knows what heʻs doing now. This was a particularly important question because heʻs running for office. Go figure.
So, for anyone who is an ex felon: you have the right to vote and donʻt let someone who is supposed to know but does not, keep you from the polls...Hawaii NEEDS your vote!
Ok, then. Now all of the lily whites out there that are closet criminals (never been caught) can have a go at my comment.
Mahalo nui loa for your tenacious investigation of Chez Shayme Cherie.....no one else seems to be doing much about it.
When Gary told me he wanted to go to Washington,(Got corruption?) I told him he would be like a "lamb going to the slaughter house" and that we need him here on Kauai.
I told him to run for Mayor, but he thought he could not defeat the current do-nothing mayor who is supported by the good ole boys.
Glad he is finally doing something worth while. He is a good man.
Dr Shibai
So explain why Jake, just off the jet from Alabama and still figuring out the difference between his okole and a hole in the ground, is second in command under Shay?
Easy--
He's not smart enough to see the storm coming.
Employee retention and honesty were never part of of the queen's gameplan.
Go Get'em Joan!
No, Shay did. She said it many times to the paper. Was she lying?
Hey Joan Conrow: Like, go fuck urself k?
So what came first the chicken or the egg? Did Shay or Craig create the Pohaku program? Shay has said many a times that this marvelous program was her creation. Craig was before Shay and Jake was after Craig that was with SJP, so what came with the contract, exenditures, and invoices, the chicken or the egg?
10 am -- oh, that's mature....
Keep up the great work! Someone has to expose this corruption / ineptitude and TGI isn't making any effort in this area. Shay is an embarassment and quite possibly a criminal depending on how things shake out.
According to the April 20, 2011 Garden Island article, "Prosecuting Attorney Shaylene Iseri Carvalho rolled out her plans for a restorative justice program known as "Project "P.O.H.A.K.U." Shay would love to blame someone else for the program now that she's been exposed.
Anybody but Hooser
Pohaku is starting to add up like the cost per mile for the Bike Path. I'm at a lost for words of how do they get away with these crimes. I guess I'll look up the words shall and may to get a better understanding of how in the heck the county of kauai operates. Maybe their using Dr Speer's procedural standards, Kusaka good job, these fools have learnt well. Maybe we could finally see the Kealia Kai property that you received as a bribe.
How's Kusaka's conscious doing, knowing 8 lives were killed from the Ka Loko Dam breach. Does she have a conscious? Does she have a heart? Shibai bachi karma
Will Pohaku be covered up like the Ka Loko Dam breach? Will Pohaku be covered up like all the unsolved murders, murders made to look like suicides, unreported missing people, and there's more to follow.
Loko 'ino Ku, o ma ia moku aina
I think a lot of you are becoming infected and seriously hateful...
what do you mean: will POHAKU be covered up? Is it a crime now?
Itʻs a program thatʻs working for kids. Itʻs not taking tons of money like the marathon.
ya seriously, you are comparing a jail diversion program to murder cover up conspiracy theories. The good news is that crazy crackpot conspiracy theorists are always, ALWAYS on the losing side of just about everything. You morons sound like the guy on the corner preaching that the end of the world is near. Keep preaching it bois.
It's a crime if they did not follow the State of Hawaii and County of Kauai procurement laws. It's called a white collared crime, research the Costa planning department debacle and edumacate urself young blood.
You spit and slap the faces of all the unsolved murdered victims, their families, friends and coworkers. You shall see judgment and may be humbled when your time is up. Never Forget Sandra Mendonca, Amber Jackson, Nola, Kagawa, Westside raped and murdered ladies, and the rest of the 20 plus unsolved murders on Kauai. Pohaku is a reflection of how business is done on Kauai and their crimes are too many to mention but Pohaku is surely one of the crimes committed by the GOB.
The Corruption and Abuse of Power is out of control on Kauai!!!!!!
Was Jake Delaplane an IT specialst for SJP before pohaku or after pohaku?
Is this Ethics violation HR B84-13, HRS B84-15, 84-16, Hawaii const art. XIV,
HRS BB84-3, 84-17, Senate Rule 81, House Rule 28.1.
Get on it County of Kauai Council or bow down the Queen and her Loyal Pawn.
This discussion has gotten a little out of control. The issue of POHAKU is not the program it is the typical Shay response - disagree with me and I will pull out all the stops to fight back. The best defense is a strong offense.
OR
Your an attorney I dont like so any case you handel I will take to the mat... on the other hand your an attorney I like or who will say nice things about me so your cases get sweetheart plea bargins or outright dismissed.
Justice has spoken.
You are so correct, Bullseye!
Sorry there are no private emails for public officials unless it is covered under attorney client privledge.
Public government people, your government, keep make requests, they can't keep it secret forever.
Yes, um, what is it?
The narcissistic personality disorder is characterized by people who exhibit most of the following
Reacts to criticism with anger, shame, or humiliation
May take advantage of others to reach their own goals
Tends to exaggerate their own importance, achievements, and talents
Imagines unrealistic fantasies of success, beauty, power, intelligence, or romance
Requires constant attention and positive reinforcement from others
Easily becomes jealous
Lacks empathy and disregards the feelings of others
Obsessed with oneself
Mainly pursues selfish goals
Trouble keeping healthy relationships
Is easily hurt and rejected
Sets unrealistic goals
Wants "the best" of everything
The symptoms of Narcissistic personality disorder can be similar to the traits of individuals with strong self-esteem and confidence; differentiation occurs when the underlying psychological structures of these traits are considered pathological. Narcissists have such an elevated sense of self-worth that they value themselves as inherently better than others. Yet, they have a fragile self-esteem and cannot handle criticism, and will often try to compensate for this inner fragility by belittling or disparaging others in an attempt to validate their own self-worth. It is this sadistic tendency that is characteristic of narcissism as opposed to other psychological conditions affecting level of self-worth.
Are you calling out Ron Kouchi, Derek Kawakami, Beth Tokioka, Jay Furafaro, Mel Rapozo, Kipukai Kualii and the most dangerous of them all Shaylene Iseri Carvalho or is this a new FDA hazardous health label?
You forgot PD Dahilig in your list narcissistic personalities.
Fragile, handle with care.
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