Here's a little wow for you readers: I've
confirmed that the County of Kauai has settled
four Equal Employment Opportunity Commission (EEOC) complaints
against Shaylene Iseri-Carvalho and the Office of Prosecuting
Attorney. The settlements total $223,000. All four complaints were
brought by women who are current or former employees of the OPA.
In
one claim, the EEOC determined there was reasonable cause to believe
that harassment based on race had occurred.
In
addition to the money, the settlements require the county and OPA to
take additional actions, including:
• Posting
a notice to employees in OPA that
discrimination had occurred and what actions to take should future
acts of harassment or discrimination occur.
• Special EEOC-approved training regarding harassment and discrimination
must be given to the managers, supervisors, and employees of the
OPA.
• All
County supervisors and managers will receive anti-discrimination and
harassment training that is approved by the EEOC.
• Offensive
materials must be removed from display in the OPA. The posters were
left up even after an employee informed Shaylene that she found
them offensive and inappropriate.
Here is one of the posters, and here is the other. I wasn't able to rotate the PDF document, so for ease of reading, here's what it says:
The next time you're having a bad day, imagine this: you're a Siamese twin. Your brother, attached at your shoulder, is gay. You're not. He has a date coming over tonight. You only have one ass.
Lovely. Homophobia, anyone?
The next time you're having a bad day, imagine this: you're a Siamese twin. Your brother, attached at your shoulder, is gay. You're not. He has a date coming over tonight. You only have one ass.
Lovely. Homophobia, anyone?
Someone
left a disgusting “blame the victims” comment on a recent post:
And
the fact that word is out on what an easy tap this county is for a
sue job; there could have been some mamby pamby newbie lawyers at OPA
that saw a suit in some little thing that most normal employees would
have shrugged off...because they realized they were too incompetent
to continue a career as lawyer.
But hey why not take some free
easy money instead of going to work everyday. Got to remember, if
these were attorneys they were out for a buck and had to pal-up to
make their charges stronger.
I
am not defending Shaylene cause I do not know the particulars but I
smell a rat. How come this never happened before?
For
starters, only one of those who filed a complaint was an attorney.
Secondly, the law exists to protect people so they don't have to
“shrug off” discriminatory treatment, like getting fired because
they're pregnant. Thirdly, it's not like you can just go to the EEOC
and whine and they'll hand out cash.
An
extensive investigation occurs, and harassment must be documented.
Before any claim proceeds to a settlement discussion, the EEOC has
already issued a “cause finding,” or in other words, verified
that the complaints are true and discrimination and/or harassment has
occurred.
Here's
a legal blurb that gives you a sense of the process.
As
many employers have learned the hard way, the Equal Employment
Opportunity Commission (“EEOC”) has the ability to investigate
claims made by an employee in a Charge of Discrimination, and issue a
“cause finding” in a Letter of Determination. A “cause
finding” is the EEOC’s written determination that unlawful
discrimination has occurred in the workplace. Inevitably, after
such a finding, the current or former employee will hire an attorney
and file a lawsuit against the employer seeking monetary damages for
the alleged discrimination. And, when discrimination cases go
to trial, the EEOC’s findings are often seen and read by the jury.
Because of this, EEOC cause findings sometimes lead employers to
settle cases they otherwise would defend because of the potential
effect the finding of “cause” might later have on a jury.
After all, it can’t help an employer’s case when the federal
government has sided with the employee by issuing a Letter of
Determination explaining that, after a full investigation, a
determination has been made that “cause exists” to believe that
the employer violated one of the laws protecting an employee’s
civil rights.
As
for why this hasn't happened before, I don't know. Must be something
about the management style of the prosecutor. Seems to me that since Shay's made a big deal
about being the first woman to be elected prosecutor in the state, she should be last one who is discriminating against other women. And
as prosecutor – the top law enforcement official in the county –
she should certainly know the federal EEOC laws.
Posts
144 comments:
You hint but you do not come out and say that the EEOC found that someone was wrongly fired because they were pregnant. Is that what happened, or are you being dishonest?
Shay supporters won't give it up so go fight your campaign battles elsewhere. Im sure she's assigned her campaign workers to infiltrate the blog comments here and push her agenda. Will TGI come out with this information that the public of Kauai has the right to know, or will they submit to the powers that be? Remains to be seen.
If those posters are worth 200 grand then obviously one CAN go whine to the EEOC and get free money. Pathetic.
We don't know the details of the discrimination cases; let's not speculate. For all we know, they could have happened in the previous OPA administration. I find if difficult that a woman would discriminate against another woman.
I know three of the women. The claims aren't just about the posters.
And the claims involved Shay and the OPA under Shay.
Did someone get fired after they complained about the posters? Did the boss (Iseri) know about the posters?
Dear #1 Anonymous: The correct pronoun is "she" and not "they." And I am never dishonest in what I post.
As for some of you others: Yes, Shay was told about the posters and still did not take them down. No, the posters are not the sole cause of the claims, but just one issue in one of the claims. And while you may find it difficult to believe a woman would discriminate against other women, it happened at the OPA under Shay. Four times.
Why are you concealing the details? If you know the facts then you are hiding something. If you do not know the facts then you are just blowing smoke.
Since you only share the posters we can assume they are the most damaging items. The others must be mighty weak. Otherwise Joan would be shouting them from the rooftops.
As the OPA spin unravels supporters are doing what people do, employ defense mechanisms. Minimize, rationalize and project blame elsewhere.
FOUR discriminations claims?
EEOC actually made findings of discrimination?
Paid with whose money?
This lady just keeps costing us .....
over and over ....
What is the true cost of Iseri?
"Why are you concealing the details? If you know the facts then you are hiding something. If you do not know the facts then you are just blowing smoke."
You should be asking Shaylene this question.
"Since you only share the posters we can assume they are the most damaging items. The others must be mighty weak. Otherwise Joan would be shouting them from the rooftops."
$223,000 just for posters? Let's wait for the gory details. Then let's wait for the spin from Walter Lewis, Glenn Mickens and Shay's other minions.
You dodged Anonymous #1's question. You said, "the law exists to protect people so they don't have to “shrug off” discriminatory treatment, like getting fired because they're pregnant." You obviously want readers to assume that's what happened at the OPA. If it didn't happen, then you are dishonestly trying to get people to believe it did and you owe us a retraction. If it did happen, why not just say so?
Did the County pay out on a pregnancy discrimination case too?
"Did the County pay out on a pregnancy discrimination case too?"
That's what Joan is claiming. True or not?
It's true.
I want a county council meeting to discuss this EEO complaints and the termination of the harasser. If there is more than one complainant than we must come to a conclusion that the harasser is a serial harasser and treament while holding the position in the OPA causes a hostile work environment.
We the people of Kauai see it as a public safety hazard, a creation of a hostile work environment is unsafe for all employees, the liabilites and costs are of a concern to tax payers, this abuse of power should stopp immediately.
I am very concerned that these kinds of EEO actions are accepted in our county offices with the pprime examples going from the county council secretary, in the kauai bus office, in the police dept, at our courts, at the OPA and elsewhere.
This hostile plantation mentality abuse of power is unacceptable and the citizens of Kauai are more educated in emloyee rights than they have ever been before. I would like the county council to put a agenda item on this matter asap. We cannot keep an employee in office that is harassing subordiantes or fellow coworkers. It has caused us hundreds of thousands of dollars and what if something else worst happens because of this abuse of power by the harasser(s).
If that manager was working for a hotel and committed EEO crimes then that person would have been FIRED a long time ago.
Quit the BS and find out who was doing this harassing which cost the county of Kauai huge amounts of dollars in settlements and show that person(s) that this is not only not acceptable but it is also punishable by federal, state, county laws by equal employment opportunity standards.
if true, then why wont Joan own it? did the EEOC say a woman got fired from opa for being pregnant or did it not? I'm thinking if it was true, joan would come out and say so.
Why should some poor shmo who had a couple of racy posters in his or her cubicle or office get canned because some disgruntled worker decided to make an issue of them either to cash in on an undearned payday or to get at the department and or its head? Firing whoever had those posters would be a travesty.
Why should Joan "own it"? She doesn't make up these facts, she just reports them.
And as far as the posters are concerned, they're not just racy, they're disgusting. Any department head or supervisor who knows or cares about laws that prohibit discrimination would have ordered the posters to be taken down immediately instead of waiting for the EEOC to take action. How stupid is that?
Do you have kids? And if you do, if your kid was bullied, or a teacher was unfairly treating your child and being discrimatory then you'd be concerned. Since it is not happening to you or your child then it's ok because it's a haole anyways. Get the F outta here with your stupid reasons to accept these criminals acts in the workplace. You are trying hard for a pay raise or promotion aren't you Bootlicker.
This is happening in the offfice of prosecuting attorneys! A place where there are lawyers that should know and understand laws! You have to have No Shayme to commit these offenses. Out Effin Rageous what these people get away with! They probably could kill somone in the OPA with everyone present and watching and still get away with murder. Shibai
If your daughter got RAPED and you think like this then you should be punished for your thoughts alone.
Wrong all of this happened during Shaylene Iseri Carvalho's Failureship.
Once is enough, twice is too much, three times is a crime, four times it's pure negligence by the county council to take action on the OPA. BIG FAIL
"Why should Joan "own it"? She doesn't make up these facts, she just reports them."
She should own her claims. Obviously she is causing people to believe the EEOC found that someone was fired for being pregnant. Is it true or is it not true? If she is dissapearing these questions, I think we can figure out that it's not true.
I bet the posters are the worst of the claims and Joan is left with nothing but dishonestly implying that some poor pregnant lady got canned for being pregnant.
I call upon the victims to have personal courage to provide us documents on your claims against the OPA serial harasser. It takes courage to come forth and make sure that this does not hapen to future employees. Kauai needs this information to potect us against corruption. Think about the unsolved murdered victims, their families, and friends, if someone had the courage to stand up against the corruption on Kauai the criminals, murderers, and harassers would be brought to justice and maybe a life could have been saved.
For the record, one may not just sue for discrimination based on protected classes. You have to first get a "right to sue" (so to speak) determination from the EEOC. The EEOC doesn't just hand out these determinations. The EEOC fully investigates each filing and you really have to have a strong case to proceed to a lawsuit. The problem with Kaua`i county has usually been that they have been lax (to be kind) in even responding to EEOC investigations.
I don't know whether that's the case with Shay but it would certainly fit her MO of stonewalling. But these four cases must be pretty blatant to have allowed Shay to tie (or possibly break) the record (I believe) formerly held by KPD for number of discrimination cases that were permitted to go to a lawsuit. The "I believe" disclaimer is because EEOC cases are confidential by federal law (trumps state sunshine law) as far as the county (or state) is concerned but that doesn't restrict those who were wronged from releasing information.
And finally- you anonymouses with your questions are pathetic. Try doing a little easy research- at least do a search for "EEOC" in the search box at the top of this blog (and that of a certain other local blogger) and you'll not only get info on Shay's EEOC cases but oodles of other EEOC granted lawsuits and settlement that have cost the county many millions.
So shut up, ante and deal.
I am wondering about the Moore murder case now, was he set up and who was involved? Telephone records and email records from the robbery up to several months after the murder could reveal if people conspired against Moore.
How is "bitchslap" an equal opportunity violation? that makes no sense at all. Sounds weak.
Joan reported about 4 EEOC complaints made by women against Shay/OPA. One involved the posters and another involved a pregnant woman. What were the other 2 about? We'll have to wait and see. But the bottom line is taxpayers paid $233,000 for Shay/OPA's discrimination.
Each poster is probably its own violation.
Sure.
Yes, I also urge the plaintiffs to come forward and tell us what specifically Shaylene did to warrant this kind of money being paid out. It's our money. We'd like to know.
If they come forward, the same people minimizing the complaints and Shay's involvement will make up reasons to discredit them.
It's probably that victim witness person that Bynum is always whining about getting her job outsourced to the YWCA. That would complete the Bynum/Castillo/Yukimura conspiracy, wouldn't it? She makes an eeoc complaint, Castillo makes a highball settlement offer, and Bynum and Yukimura get it through the council all so they can make the OPA look bad and get their boy Kollar elected. There's your dirty Kauai back room politics.
Don't worry, plenty more gory details will be coming out.
Anonymous said...
Once is enough, twice is too much, three times is a crime, four times it's pure negligence by the county council to take action on the OPA. BIG FAIL
August 26, 2012 12:01 PM
This makes a good point. Where is the Council?
You would think that the County's insurance carrier might have something to say about all this ... If this all proves true, what did the Council do prevent #2, after paying #1, and then #3 etc..... Or was Council running scared too?
Vote em all out.
Da PA not only terrorizes the citizens of Kauai, Da PA terrorizes her Subordinates too... now thats Equal Opportunity!
The EEOC? Those are the jokers who decided that requiring a job applicant to have a high school diploma violates the Americans with Disabilities Act. You could get an EEOC settlement against a ham sandwich. I wouldn't read too much into it.
The council? Why do you think Shay lawyered up and refused to talk to the oouncil. Are you people for real?
http://thegardenisland.com/news/opinion/guest/a-better-kaua-i-beneficial-county-programs-buckle-under-animosity/article_b8324e7e-ef52-11e1-9c40-0019bb2963f4.html
Walter Lewis - retired lawyer that has no dog in this fight!
Al Castillo - County Attorney appointed by Mayor Bernard. Wears a Justin Kollar t-shirt at the County Fair. Has a Justin Kollar bumper sticker on his car. Sign waves for Kollar on State highway. According to Justin's most recent campaign spending report, Al has contributed $600 so far to Justin's campaign. Now really, who is the corrupt one?
All these complainants are Kollar supporters. I agree. I smell a rat. But it ain't coming from the OPA.
@ 2:19- You're right, by god!
judging by the standards set forth here, Al's proper response would be to make Koller's workplace really hostile and difficult, harass him endlessly for not being a local, get some of his friends to write letters to the newspaper smearing him, maybe log on to a blog and post some disparaging innuendo about him, and eventually just fire him, and smear him as being dishonest and lazy.
maybe you should cite some actual law in accusing the county attorney of supporting one of his subordinates in an election?
To be fair, Walter Lewis also should have pointed out that Shay has pictures of Jake Delaplane waving signs for her. I wonder how many of and how much current employees of the OPA have contributed to Shay? Because as her subordinates, that looks a lot more like a conflict...
EEOC gets attacked by Shay supporters now. So predictable.
Victims fight back and call Shay on her unlawful conduct and they get attacked by Shay's supporters when the EEOC agrees that Shay broke the law.
This is Walter's opening sentence in his opinion:
In my last article, I discussed matters arising from an opinion letter in April of this year by a Deputy County Attorney and approved by the County Attorney (CA) about issues relating to the POHAKU program administered by the Office of the Prosecuting Attorney (OPA).
How did Walter get a copy of the opinion? Did Shay release it for the public to see or did she just share it with a select few? Let's see the opinion so that we can judge for ourselves.
Here's Walter's closing sentence:
The public must demand that the concepts of the State Sunshine Law prevail and governmental affairs should be conducted openly and fairly so that our county agencies may perform their functions and protect themselves against unjust and irresponsible claims.
Here, here! Shay should release all information regarding the claims made against her. She should provide Joan with the documents that Joan requested.
IF this turns out to be true, and the Federal Government has found the top law-enforcement officer on Kauai to have violated the nation's anti-discrimination laws, that should be taken very seriously.
Judge Watanabe finds that Shay and Jake committed misconduct. EEOC says Shay/OPA violated anti-discrimination laws. It's a conspiracy?
Judge Watanabe made no such finding. Good ignorant statement though.
Read this:
http://thegardenisland.com/news/local/article_4554c8ba-ab6f-11df-b4f8-001cc4c002e0.html
Shay's "irresponsible" statements to the grand jury were prosecutorial misconduct resulting in the dismissal of an indictment.
The two posters are just the tip of the iceberg in the OPA. By itself, unprofessional to say the least. Refusing to remove them, after being told that they are offensive is downright arrogant and plain stupid. Shay obviously feels she is untouchable and can do whatever she pleases.
Shay thinks she's untochable, who gave her that power? She needs a dose of reality from the Justice Department. They need to prosecute the prosecuting attorney for all of her crimes.
You can cover dog shit up with some leaves and dirt and say...."I see nothing but dirt and leaves"....but its still dog shit and it smells.........
Dr Shibai
Key question: When did all this occur? The offense occured when? The settlements occured when? Why is this coming up only preceding the election?
Why shouldn't it come up before the election? What better time is there? Voters have a right to know.
The County of Kauai is structured for secrecy. The question should be why didn't we know sooner?
Shay give it up......the gig is over!
Oh and by the Shay you are not Pono!
I suggest you stop allowing Anonymous comments. It just allows Shay's thugs and other racists to piss all over your posts to suit their political agenda. I sign my comments, and stand by them.
You are brave, sir, I salute you. Anonymously, but sincerely.
Mel collects checks from the OPA but was able to discuss topics and budgeting for the OPA, is that not a conflict of interest like how Kipu receives funding from the OPA but was recused from the OPA agendas. I guess some council members has more power than others. Bam! You be the judge of that!
I don't know which is worse -- Shay's utter failure as Prosecutor or all her apologists making like it's nothing. Shayme Shayme know your name.
She has to admit she is guilty of something, must be a first for her...bet it's killing her - megoloego maniacs like her dont handle the truth very well...
Hadn't visited the column recently...huge number of obviously "salted" (as in fake gold mine) anonymous comments on this one, but anyone with any real knowledge of what's been happening with EEOC troubles in the County also knows that the OPA's charges aren't even all of what's been going on. There are far too many members of the "machine" in county roles who believe they are above common decency, and the law, and/or that living on the most remote inhabited land mass on the planet somehow gives them "exclusivity" from common sense.
If there was a mediated settlement, there was no EEOC investigation:
Once a charge of discrimination is filed against an employer, an EEOC representative will contact both parties to offer mediation. If they agree to mediate, then the case will be scheduled for mediation with a trained mediator. If one or both of the parties decline mediation, or a settlement is not reached at the mediation conference, the case is then forwarded for investigation.
Read more: EEOC Complaint Investigation Procedures | eHow.com http://www.ehow.com/list_6535570_eeoc-complaint-investigation-procedures.html#ixzz24lpvzQpG
A settlement is a less formal process than mediation and may result from direct, informal negotiations between the parties. EEOC investigators will, however, work with the parties to reach satisfactory settlements if the parties wish to do so. Parties can contact the EEOC investigator directly if they are interested in resolving a charge through settlement. Upon reaching a settlement, the EEOC will dismiss the charge.
Looks like the county attorney is infamous for illegally revealing confidential EEOC matters:
“DOE” ILLEGALLY IDED AS HANSON-SUEOKA BY CA CASTILLO, WHO FIRED HER IN ‘08
by Andy Parx
(PNN) -- The $250,000 settlement of a “hostile/violent work environment” Equal Employment Opportunity Commission (EEOC) complaint identified only as “Jane Doe vs. County of Kaua`i” was actually a complaint filed by former Deputy County Attorney Margaret Hanson-Sueoka according to records illegally revealed by County Attorney Al Castillo.
http://parxnewsdaily.blogspot.com/2010/10/pnn-250000-settlement-in-doe-v-cok-eeoc.html
No info on these OPA claims was illegally revealed.
FIRST, I'LL ADMIT THAT THE POSTERS WERE INAPPROPRIATE... WITH THAT BEING SAID... THE POSTERS ARE PRINTED ON REGULAR SHEETS OF PAPER. THEY ARE ALSO VERY FADED AND OLD. THEY HAVE BEEN ON THIS CLIPBOARD SINCE THE PREVIOUS ADMINISTRATION. YES, THAT'S RIGHT PEOPLE, THEY HAVE BEEN SITTING THERE FOR THE LAST 5 1/2 YEARS... FUNNY HOW ONLY NOW ITS AN ISSUE. NOBODY NOTICES THEM BECAUSE HALF THE TIME THEY ARE COVERED BY OTHER POST ITS AND NOTES. ALSO IN ORDER TO ACTUALLY READ THE "HOMOPHOBIC" AS JOAN PUTS IT, POSTER YOU HAVE TO BE WELL WITHIN 2 1/2 TO 3 FEET. DUE TO IT BEING REALLY FADED.
GOTTA GO A LITTLE BIT OUT OF YOUR WAYS TO READ IT IS ALL I'M SAYING... SKETCHY...
SINCERELY THE OWNER OF THE CUBICLE...
Go ahead and try to negotiate with Shay, good luck. In her world if you disagree she is right and you are the enemy. There is no compromise.
That one poster is pretty homophobic by any account. Why would anyone even have that poster?
After someone complained about it, did your boss tell you to remove it?
Does OPA not have gay victims of crime (or gay employees)?
LETS STOP CALLING THEM POSTERS, BECAUSE THEY REALLY ARE JUST SHEETS OF PAPER. THE OFFENSIVE ONE IS REALLY HALF A PAGE BECAUSE ITS FOLDED IN HALF.
THE ONLY TIME I EVER HEARD ABOUT IT WAS WHEN THE COMPLAINT WAS FILED AND BROUGHT TO MY ATTENTION, THE POSTERS WERE TAKEN DOWN IMMEDIATELY.
FOR THIS TO LABLED HOSTILE IS JUST ABSURD... AND I'M EXTREMELY DISSAPPOINTED IN EVERY ASPECT OF THIS SITUATION...
first of all until you get your facts straight you should not say you don't post dishonest things because you really have no idea unless you are there to actually see the events unfold....i know for a fact that those posters were there before shay took office then all of a sudden its a problem!! just so you know county makes it mandatory for all employees to go through the harassment and discriminiation training before these EEOC complaints came about
Again get your facts straight
My facts are straight.
Anonymous OPA cubicle dweller is extremely disappointed? What a joke. We the people are disappointed to learn we're paying big salaries to immature homophobes who just don't get it. Grow up and quit whining.
Those posters (sheets of paper) were left up for MONTHS after the employee complained to OPA administration about them.
If 11:02 is correct, then its a total failure by top brass at OPA.
Office workers what are you doing posting on this blog during your work hours. Are you using the county computer and time? Hum I am retired and can do that.
Both the sheets of paper (posters) are offensive.
Hostile work environment exists when an employee experiences workplace harassment and fears going to work because of the offensive, intimidation or oppressive atmosphere generated by the harasser. May also be created when management acts in a manner designed to make an employee quit in retaliation for some action.
Harassent covers a wide range of behaviours of an offensive nature, commonly understood as behaviour intended to disturb or upset and it is characteristically repetitive i.e. racists, sexists, derogatory, homophobic and other degrading posters.
wimp nation
Still there is no clue as to when this all took place. Could have been 5 years ago, could have been yesterday. Joan can you give us this one little detail that will help a little on the perspective?
People like you are the reason these laws were created. You probably believe that incest is not only a privledge but also a right. You probably believe that rape victims deserved it because they were either dressed inappropriately or drunk. You probably believe that the unsolved murders are the victims fault. You are a sick person and this is why EEOC was created.
These kinds of abuse has been a disease in our county and state offices. The most recent happened in our courthouse. It is crazy how these fools act as entitled monsters. When will it end?
Read about one that was pregnant and then was not given victims/witnesses to do her job while others were given unfair opportunities.
The PA then fired her for lack of work and gives a friend funds to have the same program run in his office that the PA said there was lack of work. The friend then hires his friends to run the program that the lady that was unfairly fired for.
Soon after the PA goes to the county council to ask more money because she says they are under staffed and over worked but before that she fired an emloyeer for lack of work that she was now asking money to fund the position that she unfairly fired someone and gave that money position to a friend of a friend (campaign kind friends). My guess is to hire one of her friends or family members.
This is Kauai Politics, Nepotism and abuse of power to the highest degree of corruption.
Hostile work environment due to the GOB retaliation. Some dirty cops friends that work with has put the green light. The hippie pill popping swinger thinks he's slick with his undercover life. The wet back is a two faced talk behind everyones back and act innocent while pulling the knives out of the victims behind smiling and talking softly. The ring leader yakuza is what it is and was already investigated by higher ups for racial discrimination.
Like the pohaku "controversy," sounds like a whole lot of ho hum. If you're going to get your boy Justine in office, you better dream up some better "controversies" than you've been able to thus far. You guys are sucking wind. Maybe Daniel Hempey should try to get Shay thrown off the Hilario case. Then he can pay everyone's costs again. Hilarity.
What's the big deal? Four women? $223,000? Racism? Homophobia? Prosecutorial misconduct? Jake as first deputy even though he's the least experienced attorney in the office? Secretly taping witnesses? Pressuring the Humane Society to fire an employee? 17 attorneys leaving, including a former first deputy who contributes money to her opponent's campaign? Prosecuting Bynum when she had no case? Having the judge throw her off the case because she very serious concerns about how the case was handled? Refusing to answer questions unless she has an attorney paid for with taxpayer dollars to represent her? So what? Is this the best you can come up with?
Yes Joan, please find out if the posters were in fact up for 5 years. Because if they were then it would have been up prior to Shaylene taking office. further more if it was up for that long, why is it only being addressed now, 4 years into Shaylene's term?
More info is needed indeed...
No case against Bynum?! Yeah right. County Council member has illegal kitchen. Gets off Scott free on a technicality. Give us all a break. Bynum has been outed. The rice cooker lie has been exposed. The dude had a kitchen. Therefore there was a case against him.
No case against Bynum?! Yeah right. County Council member has illegal kitchen. Gets off Scott free on a technicality. Give us all a break. Bynum has been outed. The rice cooker lie has been exposed. The dude had a kitchen. Therefore there was a case against him.
Still waiting for Joan to admit there is no EEOC finding that anyone was fired for being pregnant.
Just like the POHAKU debacle just blame the other guy, when are you gonna take responsibility for your own actions Shayme.
Shay is friends with the Hilario family so this is a DONE deal. The ROOKIE
(still has maka pia pia and breath smelling like similac) is going to find out
that he was just played (set up for failure) and the public will see the
FAILURE of the OPA is more than just FAILURE. Let the games begin, oh it
already started, yeah the other guy started it.
Just another fictitious day in the OPA
OPA trolls goes to Shay and says look Shay what i posted on the blog in my cubicle on a goverment computer, shay says can't you see i'm busy tying on the same blog also so get the f outta here!
Troll says thank you shay is there anything else i can do for you?
Shay replies yeah stfu and get back to work, we gotta get one of my families kid out of jail, can you do that for me? Give em a gravy plea deal that no tweeker would refuse.
Troll says yes Shay and is there anything else I can do you for?
Shay screams get the f out of here!
Troll says thank you Shay thank you so much.
The only POHAKU dabacle was Tim and Joann and their infantile attack on a beneficial program. Those two hurt the county for their own petty political vendetta. They need to go.
Spin....Spin...Spin
There was a large turnover when Mike Soong became prosecutor. It's not unusual for there to be a large shift in personnel when the head prosecutor changes. This is a made up controversy.
So what if posters were up before Shay took office? If someone complained and she didn't order them removed she is at fault oh btw Tim did not have an illegal kitchen. Unreal how Shayme and her cronies keep repeating that lie even tho AGs office said the whole case was bogus.
How come every controversy against Shayme is "made up" but every shibai claim Shayme makes is the gospel? Talk about denial and spin. Are you sure you aren't a Republican Shayme?
"tho AGs office said the whole case was bogus"
talk about spin! The AG's office said no such thing! The AG's office said they couldn't get a witness to cooperate. Not that the whole case was bogus. That's why people have to come here and correct all the lies on this page.
The AGs office said no crime had been committed and not even county planning staff would testify there was a kitchen. That = bogus unless your a Shayme supporter
The AG's office did NOT say that no crime had been committed. The AG's office said they couldn't get a witness to cooperate and therefore didn't feel they could prove the crime. Bynum was in no way vindicated. He was lucky.
...and what were the reasons that the AG had to handle that case in the first place?
"...and what were the reasons that the AG had to handle that case in the first place?"
Because witness Lucas Burns unexpectedly gave a different reason in court than he did at the OPA office about why he didn't want to record a witness. Watanabe decided that made Jake Deleplane a witness and therefore the OPA was recused from the case. Nothing outrageous or even controversial. You have to really spin to turn that into a controversy against the OPA or against Deleplane.
If even planning staff would not testify there was a kitchen must not have been a kitchen. If no kitchen no crime.
A kitchen is any room used to prepare food. The room had a kitchen sink, a full size refrigerator, counters and cabinets, food, cooking utinsels. You can pretend its not a kitchen if you want. It would have been good to see it go to trial. That way the county's definition of kitchen could get the kind of scrutiny it deserves. instead, Bynum got off on a technicality.
too bad planning didn't agree with you and testify.
Planning didn't say it wouldn't testify. Special Deputy Attorney General Richard Minatoya and a special investigator interviewed county and civilian witnesses. One civilian witness refused to testify, he said.
You're still spinning.
Sounds like it should have been open and shut then? Funny how everyone else is wrong except the OPA which lost this case pretty big!
No you're still lying. But it will all come out when Tim sues Btw don't you have work you should be doing since you are obviously either OPA or planning employee
don't you have work you should be doing since you are obviously either Tim or his lawyer?
"installed cooking facilities"
CZO "Kitchen" means any room used or intended or designed to be used for cooking and preparing food.
You can't lie about planning law to a planning professoinal.
Thats why planners didn't want to testfy. They didn't want to commit perjury
"Thats why planners didn't want to testfy. They didn't want to commit perjury"
Commit perjury how? By testifying that the pictures they took through the glass sliding doors of Bynum's illegal kitchen are pictures of Bynum's illegal kitchen?
the pictures they took when they were trespassing on his property? I could see why they wouldn't want to admit that.
It's tresspassing to go up to an apartment and knock on the door and take pictures of what is in plain view through the door? No.
Courts can decide if its trespassing. Its definitely despicable.
From May 5th TGI story "Special Prosecutor: Bynum case could not go to trial " by Tom Laventure
"Minatoya said county witnesses would not testify that Bynum’s addition was a second kitchen as designed specifically for use in cooking and preparing food in violation of Section 8-1.5 of the Kaua‘i County Code.
There was not sufficient testimony to show that a live-in family friend who used the addition had placed Bynum in violation of the dwelling ordinance. The resident testified to using the main kitchen facilities, he said.
Testimony also lacked proof that a portion of the residence was being used by an individual or a group for exclusive residential occupancy of a housekeeping unit. There were allegations but no one had personal knowledge, Minatoya said.
“In my mind it’s clear, and whether I could prove that is the question, when a person is testifying that they used the same kitchen as everybody else,” he said.
The compliance inspections were in violation of regulations, according to Minatoya. It came down to whether there was valid permission for the compliance check.
The Kaua‘i OPA’s case stood on the inspectors saying Bynum had signed a user agreement that allowed spot checks, he said. A violation could result in losing the permit, but a court would not see that as reasonable for criminal prosecution.
“The permit was for the construction of the dwelling and that was already completed,” Minatoya said.
The second charge was assessed from a compliance check and that is basically another charge for the same offense, he said. The county was asking for permission to ensure that a violation was remedied, saw something else and gave another notice basically for same offense, he said.
Hempey filed motions to suppress, dismiss, and to recuse the OPA in March. A former Kaua‘i prosecutor testified and Judge Watanabe summarily granted Hempey’s motion for recusal and disqualified the entire office, turning it over to the state Attorney General's office in April.
Watanabe declared a conflict in the OPA’s case from “highly improper” and “compelling public interests.”
...
Minatoya said he has a working knowledge of the County Comprehensive Zone Ordinances. He also served as a Deputy Corporate Council on zoning issues on Maui.
“I’ve worked those cases before,” he said.
In the interest of judicial economy, Minatoya entered a stipulated order to dismiss rather than wait to produce in person at what would have been the next hearing. Without judicial concerns, he held the decision for dismissal."
The definition of kitchen requires proof that the room is used for cooking and preparing food. No stove, no cooking (unless they just eat cooked rice and everything else is raw). Prosecutors too stupid to figure that out?
Sounds like bogus charges and prosecutorial misconduct to me.
That "May 5th TGI story "Special Prosecutor: Bynum case could not go to trial " only apeared online and never in the print addition of the Garden Island so most people never heard the punch line of this incredible abuse of power.
This RETALIATION on Tim Bynum by the PA is for personal VENGEANCE! Plain and simple and the persons involved are scum bags. They are apart of this group powerful group of dirt bags on Kauai that think they run this island. They have money, power, people in office, militias, syndicates, county coroners, newspapers, and others in place to ruin peoples reputations, attack, kill, and destroy any and all that goes up against this group.
Bynum had an illegal apartment he was renting to tenants. He abused his power to stonewall the planning department when the planning department dared to treat him like a normal citizen instead of the big shot wit special privileges he thinks he deserves. The AG was a pus for not prosecuting but it's not surprising the state would not want to get in the middle of a fight between an outlaw county councilman, the planning department and the prosecutor.
Bynum is clearly the abuser in this scenario. If you really believe he doesn't have an illegal apartment then you are dillusional. Go ahead, grant your superiors special rights to break the law the rest of us have to follow. Disgusting.
Sure, if you think Tim Bynum's potential illegal apartment is really the most important thing for the prosecutor, her first deputy, other deputy PA's, countless legal staff, planning inspectors, the planning director, and the courts to spend so much county time and money on...sure. It's not like nothing else is worth looking into on Kauai, right? No capital crimes, no drug problems, no pill-mills, no theft, no property crimes, no illegal guns... yeah, the lawsuit will be totally worth the sloppy legal work, broken laws from people who are paid well to know better, and conflicts of interest from the OPA, to get that rascally Tim Bynum and his 'illegal' apartment.
Shay and Bynum entwined in a sick dance of political manuverings and paybacks. Get rid of them both in my opinion. Clean slate. Not voting for either!
That's right. The OPA should not prosecute any petty misdemeanors. They should just get rid of the district court.
Cost of Bynum's refrigerator to County taxpayers = 0
Cost of Shaylene's settlements to County taxpayers = $223,000
OPA should prosecute petty misdemeanor and misdemeanor cases ethically and intelligently. Secretly taping witnesses and prosecuting when there is no case is both unethical and stupid.
Forget Bynum and his illegal unit. Lots of those up and down my street. I probably live in one. Sure they are a zoning issue and revenue issue, but I don't really see them as an issue that the OPA should be working on. Isn't that Planning or Treasurer's problem? And actually, seeing as how my lodging depends on an illegal unit, I'm happy to have a "sympathizer" on the council.
But back to POHAKU again. I'd really like to understand how that was run. The money seems like peanuts ($200/person), so I'm more concerned about who's getting out of jail free, how is Jake associated it, and why it seems to be affiliated with Shay's campaign (still haven't answered Joan's legitimate requests for information).
Even if I'm voting for Kollar anyways, I'd like to make sure people are held accountable.
The employee that had the posters up is Lawrence (Lohiau) Jordan, an ardent Justin Koller supporter. What does that tell you?
Another female employee was overheard telling him "you may just have to take one for the team."
Lawrence Jordan is NOT a visible Justin Kollar supporter. Nice try though - nice try to make Shay's wrongdoing stick to Justin!
uh, yes he is. Everyone knows who he votes for. Nice try but u lose, i like ur use of the word "visible" though, which suggests that even you know the truth and just want to suggest that he isn't out waving signs.
You guys are too much... You speak as if you know Mr. Jordan, but you really have no clue.
Mr. Jordan's posters say enough about him that I don't really think I need to or want to know him.
Yes, I deleted those comments about a deputy prosecutor because I didn't think it was appropriate for OPA administrators to be revealing confidential information about one of their employees.
The OPA employee put up those offensive sheets of paper because he supports Justin and wanted to make Shay look bad? Or are the only supporters that Justin has in OPA narrow minded bigots?
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