Invoices obtained under a public records request contradict a special counsel's opinion on the POHAKU program and raise new questions about Prosecutor Shaylene Iseri-Carvalho's use of county funds.
The documents show the Office of Prosecuting
Attorney (OPA) spent some $9,500 on thousands of tote bags, shopping
bags, super-sized clips, wristbands, banners, rally fans, decals,
pens, brochures and other promotional paraphernalia for the POHAKU
program, which had just 50 participants.
Many
of the items are orange and black — the color theme of
Iseri-Carvalho's campaign — and some bear her photo. Others carry
the OPA seal. The items have been distributed at the
county fair and various public events.
Though
most of the purchases were made in 2011, when Iseri-Carvalho launched
the POHAKU program, some $3,022 was spent on “500 swanky pen
designer tie clips, 500 whistle key lights and 700 foldaway shoppers” that were ordered on May 29, 2012.
On May 15, however, the prosecutor sent an email to her staff stopping all referrals to diversionary programs. The County Council was told later that same day, at its budget meeting, that the OPA had suspended POHAKU.
On May 15, however, the prosecutor sent an email to her staff stopping all referrals to diversionary programs. The County Council was told later that same day, at its budget meeting, that the OPA had suspended POHAKU.
At
the same meeting, with Councilwoman JoAnn Yukimura trying to cut
$10,000 for POHAKU from the prosecutor's budget, Iseri-Carvalho told
the Council: “We have not spent on any
funds on the operation of POHAKU.” She did not mention the
promotional expenditures.
On
Aug. 1, Iseri-Carvalho issued a news release that bore the headline,
“P.O.H.A.K.U. Cleared: Declared Legal and Valuable.” To support
that assertion, the release cited an opinion by special counsel Gary Slovin,
who was hired to represent the OPA after concerns were raised about POHAKU procurement irregularities.
The release also included a statement from Slovin: “It is
the conclusion of the Special Counsel that the implementation of the
program did not violate the State Procurement Code,” he said.
On
page 4 of his opinion, Slovin offers the rationale for his conclusion, noting that the
state procurement code does not apply if no public funds are
expended. He then goes on to state: “No public funds were
expended.”
But
as the invoices show, public funds were indeed expended to implement
POHAKU.
Slovin
was hired under an initial $15,000 Council allocation. The Council
tomorrow will consider a request for an additional $10,000 on special counsel, again to represent the OPA in civil matters related to POHAKU. It's unclear
whether Slovin would be retained if the new funding is approved.
Btw, I
have been trying to get these documents since July 27, when I made a
public records request to the OPA. But first deputy prosecutor Jake
Delaplane failed to respond, despite prodding from the state Office
of Information Practices. I then requested the invoices from the
county Finance Department, which complied within the 10 business days specified by law.
Posts
55 comments:
Shaylene is busted!
Help me understand this. The sitting Prosecuting Attorney for the County, who is up for re-election this November, just spent thousands of taxpayer dollars to buy give away items which she ordered in her campaign colors with "PROSECUTING ATTORNEY" "County of Kauai" printed on at least some of them (tote bags, pens, and whistle lights).
How is this not a Campaign spending violation or against some other law?
Sham, Shame, Shaylene!
Spin Charley spin.
50 Participants
500 Orange Tote bags
750 Orange and black Power Clips
2000 Wristbands
1000 Pohaku Brochures
1000 Orange and black Rally fans
1000 Orange and black Decals
750 Oange and black Zumba Pens
750 Orange Grocery Totes
700 Foldaway Black Shopper bags
500 Orange Whistle key lights
500 Swanky Orange pens with designer zebra stripe tie and smiley face
What does that add up to?
Over $9,000 dollars worth of free Campaign Advertising.
Isn't that illegal to use county $ on a campaign?
I'm guessing the planning recordings don't say what Bronster says they say since the OPA released them to the public.
Why don't you listen and find out instead of spreading smarmy innuendo?
Cynics! Just because Shay's campaign colors are orange and black and just because some of items have "Prosecuting Attorney" printed on them doesn't mean that Shay violated the ethics code, procurement code or campaign spending laws.
And just because Shay and Jake refused to turn over the public documents to Joan and she had to get them from the Finance Department doesn't mean that Shay and Jake had something to hide. You people, Shay has proven to be an effective manager, ethical prosecutor and exemplary role model. Justin Kollar is nothing like Shay.
HUNDREDS of each of those items - all for what - 50 participants in POHAKU. Hmmm....
6:25 and 6:31...are you two the same? It seems a bit incredulous that someone could look at the body of evidence (not innuendo) in this instance and still think there's nothing wrong at OPA.
I have to get into town in a few minutes, and am out of time...but I figure on downloading/listening to the recordings when I get back, and run them through my forensic software. Could turn out interesting...or not...who knows. What I know is that public funds were spent on a private campaign, and that's illegal by anyone's standards.
What's even more incredulous is the inability of some people to recognize sarcasm.
Is anybody really surprised about this news? Shay lies to make herself look good and it goes on and on. Vote Kollar in November!
Oh and 6:31 I really hope that Justin is not like Shay....cause I am voting for him to get rid of Shay!!
It's safe to say that Shay is unique.
Donʻt know about those two posts being the same, Ms. Albertson, but are you on this bandwagon to research IPs and connect them to names?
I think you need a court order to get that kind of info
I'm usually annoyed with those calling for "the feds", but giving political supporters huge pay raises (way out of line with the marketplace) and spending 10K in public funds for campaign materials sounds like federal election and campaign laws may be an issue.
Keep thinking of three hard working families, who after a year of working, maybe two jobs, the County extracts ten thousand dollars in taxes collectively from them for the important work of running a government. And then spends that money on pro OPA tote bags and free crap. Is there NO fiscal responsibility?
Uh Council, where are you? WTF are you doing?
Elaine - I think that writer or those writers was/were being sarcastic.
Rapozo and Kualii are just as guilty trying to blatantly cover up all of these terrible wrong doings. KipuKai you are a disappointment. You really are great at placing blame and grandstanding but we have yet to see any solutions. It's gone to your head. Time for you to "Ha'a Ha'a"
Comment for 6:31 a.m. Gosh what are you thinking. If you don't have anything to hide your produce the records. If Shay feels that she hasn't done anything wrong why is she asking for an attorney to represent there office. She knows the rules and yet she keeps breaking them. I am really disappointed in her I really thought that one day she would accomplish all her goals but now I don't think anyone would want her representing them even in private practice.
Sad weird and regrettable - that's what you are Shayme.
What's an IP?
Internet provider
She bought a lot of stuff. How much will be left at the end of the campaign?
My, you've all been busy while I was in town. Interesting day...the car blew a head gasket on the way home, but my head gasket is pretty much OK. No good getting upset.
Anyway...yes, I see that the intent of those posts was sarcasm...it just wasn't done all that well, because it was just TOO believable. My apologies, though, for being dense in that regard.
No, I don't routinely try to trace IP addresses back to a name...mostly because it's a futile effort without a court warrant. The best you'll end up with is a very general notion, such as the message came from a Roadrunner account or a Hawaiiantel account, unless you have the court order to make the provider trace their DHCP tables to nail who had that particular IP assigned to them at the given point in time. You can, however, tell if it was generated from a county server, because they have their own static IP addresses...but you still won't know which work station without a court order.
Basically, if one wishes to post anonymously, I think it's probably for one of two reasons; (1) they are afraid of retribution/retaliation, or (2) they are a ringer for the focal point of the discussion, and can't be outed.
Anyway...just discovered that the two sites hosting the OPA recordings have been taken down due to "too much traffic" and so I'm not able to get pick-a-little-talk-a-little-pick-pick-pick-talk-a-lot-pick-a-little-more with it (I love Music Man).
Imua...
Impeccable journalism. This is a beauty.
When asked for records of Deputy Prosecutor Delaplane, did he demand in question,"Are YOU the victim??!!"
This is the typical response when the OPA attempts to blunt inquisitive telephone calls and drop-ins.
God knows we are all victims.
Honestly, Shay has no conscious. She will force the Feds to roll in on her, and take her away.
Indeed, a fine day this will be.
Anonymous said...
"And just because Shay and Jake refused to turn over the public documents to Joan and she had to get them from the Finance Department doesn't mean that Shay and Jake had something to hide. You people, Shay has proven to be an effective manager, ethical prosecutor and exemplary role model. Justin Kollar is nothing like Shay."
September 26, 2012 6:31 AM
Please tell me this comment is meant to be satirical.
True, Justin Kollar is nothing like Shay.
I think people are not catching the satire because some pro-Shay comments are almost Orwellian in their distortion of reality.
Hi Elaine, tough sometimes to read intent on a flat, lifeless screen with character letters on it, isn't it?
I found it makes no difference for me to turn my head far to the left, then far to the right, like my new puppy does--my trying to see what I am reading in a different way.
Yup, Shay is busted AGAIN. Her own arrogance will be her final downfall.
Black and Orange, aren't those signature Halloween colors?
I listened to that audio today and I am satisfied that T. Bynum has lived up to my expectations: he started all this shibai because he maneuvered behind normal channels (you know, the ones that less important folks like us have to go through) and sought special treatment.
And apparently he got it. And apparently when caught, he tried to turn it around on Shaylene Carvalho.
Here. Listen to the recording yourselves and decide for yourselves.
http://www.youtube.com/watch?v=PpdwKM4JPYE
It's clear that Sheila Miyake never laughed about committing perjury. She is clearly saying her job is at risk because the mayor has already canned Ian Costa for not falling in line and laying off Bynum and replaced him with yes-boy Mike Dahilig. She and Patrick Henriques are obviously terrified of the good ol boys.
Sheila says they were handling like always until Wynum started bugging the county attorneys. That's when everything went weird.
Bynam said he didn't want a paper trail for god's sake.
Or watch what the Court said....
http://www.youtube.com/watch?feature=player_embedded&v=z9c1g1iSZYc
Marjory Bronster lied about what the recording shows! can lawyers do that? just lie about anything?
It's just Sheila's word in all this, as in covering your ass and making yourself look good.
Hey, thanks much Anonymous for posting the you tube link. I listened to the tape this morning and I know a number of other people who wanted to hear it, too.
Oh wait. I thought this was the recording that was going to convict the opa. Now they're saying "it's just sheila protecting herself." Make up your minds geniuses.
The case against Sheila Miyate seems like frivolous harassment at this point since Sheila said none of the things on the tape that Marjory Bronster said she said.
Sheila Miyate: “It’ll blow up ugly, He’s had so much people trying to cover for him. The mayor. He had this whole office trying to cover for him.”
Oh my. Did Bynum really want this to go viral?
Marjory is busted!
Hmmmm. The mayor tries to clean up things and is now the one in trouble with this audience. How quaint. And not believable. The mayor did not conduct the illegal search. The mayor did not request the County Attorney opinion that a rice cooker and a fridge do not amount to a kitchen. The mayor did not request the independent counsel turn over a tape that the mayor and defense counsel knew nothing of. In violation of a court order. There is no evidence that the mayor knew anything of this matter at its inception. Delusional insanity.
I don't think the point is whether the mayor was in on it or not. The point is that the county attorneys pressured the planning department to deviate from normal practice in Bynum's case because the mayor wanted his tvr bill passed. (Does make you wonder what the mayor got in exchange for the bill, though).
"Can lawyers do that, just lie about anything?"
Ask Shay, Jake and Charley
Looks like ask Bronster and Hempey.
Ummm, Anon 8:34 PM, sorry to break up your monologue, but there's a big hole in the theory that you, Sheila and Shay are promoting. The county attorneys didn't need to give Tim special treatment in a secret plot to gain his support for the TVR bill. Tim INTRODUCED the TVR bill.
It doesn't matter even if he did introduce the TVR bill. (I'm not sure he did). He was likely being rewarded for his support, or more likely he was reaping the standard good ol boy rewards for being on the team.
Why is Kauai County Attorney Al Castillo on Marjory Bronster's press release saying he will be happy to talk to the press about the case???!!!
Whose side is he on, Kauai taxpayers? or getting Kollar elected at all (taxpayer) costs?
Also mahalo for the new link to YouTube. I was able to download the file.
I haven't listened to it as yet, but I would caution that the recording is of a meeting between the alleged conspirators in the issue, and there is no way to confirm the validity or honesty of its circumstances. It is only a recorded exchange, with no corroboration (other than the statements of the participants) that it occurred when, and under the circumstances, they purport.
Got a lot to do today...try to get the car fixed, submit docs for housing, whatever...have a great day, everyone.
Shay is captain of the good ole boy team. Just ask Chief Perry.
"Shay is captain of the good ole boy team. Just ask Chief Perry."
Al started gunning for Shay when she and Jake testified correctly before the police commission that the mayor does not have the power under the charter to remove the police chief.
Ever since then Shay has been on the OUTS with the good ol boy club.
Al wants to do with OPA what they did with Planning: replace an independent minded official with a yes boy.
Al wants to do with OPA what they did with Planning: replace an independent minded official with a yes boy.
This case is different. The planning director is appointed. Mayor Bernard could just boot him and replace him with Al's boy Dahilig.
In this case the voters have a say. We don't have to let the Mayor/county attorney power block take over the prosecutor's office. Vote Shay.
TO: albertson, September 27, 2012 7:01 AM
Get off it already. No need journal your daily to dos.
Really chompin on this bit huh?
Listen to the video before you open your mouth again.
lol, I can really read the sarcasm in the last few pro-shay comments!
Is it too late for her to change her campaign slogan to: "Vote Shay- almost a quarter-million spent on EEOC settlements!"
Deputy Shay Defender Charley Foster isn't paid $101,000 just for blogging. He earns his money handing out orange bags to seniors. Nice of him to take time away from his heavy caseload to do a little P.R. work.
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