It's
so wonderful to hear the plip-plop of rain again, the roar of a
squall arriving like a freight train through the trees, the drip,
drip of droplets falling from eaves and leaves. Everything has come
alive again, even the dirt.
Did
you know that Bill 2491 has a dirty little secret? I kind of hate to
bring it up, seeing as how so many people marched on Rice Street
because they believed that if they did, it would be passed, and if it
was passed, it would bring meaningful change.
The
truth is, this bill is very unlikely to ever be enforced. Its
sponsor, Councilman Gary Hooser, told me from the start that it would
rely on voluntary compliance by the chemical/seed companies. But
wait, isn't that what we have now with the state? Isn't voluntary
compliance exactly what people believe is inadequate?
Later,
when I expressed my dismay to Gary about the polarizing effects of a
bill that I saw as essentially meaningless, as in sounds tough but
lacks teeth, he tried to ease my concerns.
It
doesn't even matter if it's enforced, he told me. All that matters is
getting it passed.
I
suppose that's true if you're using Bill 2491 to build a political
movement or make a statement to the world — hey, we told the
chemical companies to piss off.
But
if you look at the vacation rental debacle, it's quite clear that if
the Administration does not want to implement and enforce a bill,
it's not going to happen, unless citizens bring a lawsuit. And do you
think for one minute that Mayor Bernard Carvalho and the public works
department supports 2491?
I
appreciate that Gary has brought this issue into the spotlight, and I
respect him for wanting to do something important. That's commendable
in anyone, especially a politician. I also understand why co-sponsor
Councilman Tim Bynum — despite so much Abuse Chronicles evidence to
the contrary — doesn't want to believe that fraud, incompetence and
corruption run through so many county operations, which is how he's justifying minimal money for enforcement.
But I've had a bad feeling in my na'au ever since Bill 2491 was
introduced because I know that most of its supporters have no clue about how our county functions, so they aren't in on
this dirty little secret. And they really should be, so they can
decide if they're OK with voluntary compliance and an Administration that will turn a blind eye, or if they want a
meaningful law that will give them the informed sense of safety and
security they're seeking.
Did
you know the county auditor's office has a dirty little secret? Well,
actually, it's got a quite a few, but the biggest is that it's
an agency that was set up to fail. When voters approved the
position, they no doubt believed it would function as a watchdog,
ferreting out corruption. Instead, when it came time to hire an
auditor, the Council had three applicants: county insider Ernie
Pasion, former county attorney Lani Nakazawa and a CPA who showed up
drunk for his interview. Rather than re-post the vacancy, or mo
bettah, broaden the search, the Council chose Ernie, with Lani as his
assistant.
Unfortunately,
neither was a licensed CPA, so they couldn't actually conduct any
real audits. But that didn't stop them from earning big salaries. As
auditor, Ernie is paid $114,848 annually, while according to a public
records request, Lani had been paid the
following as of June 19: FY10:
$74,061, FY11: $94,189.92, FY12: $102,142.21, FY13: $94,645.76. She
was also paid overtime: FY10: $5,430.62; FY11: $6,676.93; FY12:
$1,024.50; FY13: $1,749.46
If you look at the
auditor's website, you'll see nothing has been since spring of 2012, though a public records request shows that contractors were paid
through July 2012.
Nor
is anything likely to happen because Ron Rawls, the staff CPA, was
fired and is suing the county, and his position hasn't been filled.
So why have an auditor, or an auditor's office, or if it's going to be compromised by the same cronyism and incompetence that afflicts so many other county departments?
That's a question voters might have asked — if they'd known about the dirty little secret from the start.
Posts
32 comments:
Joan- Your well written and researched blog is a fine thing and of interest to many. However, one would think that you have lived here long enough and have had enough interaction with Hooser, to know that everything he does is to promote himself. This bill is an example, no enforcement ability, no clear language, a mumbo jumbo of confusion and worst of all it puts Kauai against Kauai, north vs west, haole vs local style......pandering at its best. You should do some research on the man.
Passing this bill is the first step. You cannot take down an army of goliaths without putting a plan in motion. The strategy right now is to have this bill enacted, this sets a precedence where another body could go beyond this bill. You have to have a foundation in order to build a strong house. This is like Legos, where every piece matters and though the picture/outcome is vague at this moment; you still need the pieces in order to create the final master piece.
Are you telling me that administrative enforcement of a Kaua`i County ordinance- any ordinance- is iffy at best? And that corporations lie and refuse to adhere to the law every day? And that the only time environmental law is enforced in this state is when Earth Justice or Hawaiian Legal Corporation sues to enforce it? Stop the presses...
At least there's one councilmember who is smart enough to know that (I'm feeling exceptionally cynical today too).
I have no idea why I decided to work for the private sector when the public sector does so well. Those figures do not even account for the pensions, health insurance, car allowance, comp time, sick time, and vacation time.
Since when did being a public servant make you filthy rich?
I really blew it. I decided to work hard for my money, what a fool I am.
With all due respect Joan there is no dirty little secret. I cant comment on any conversation you had with Gary but I know the intention of the bill is to regulate with enforcement. But it is somewhat a step by step process. 1. disclosure 2. buffer zones. 3.notification 4. moratorium on the introduction of new gm/pesticide projects or land expansion for a limited time while... 5.EIS is conducted leading to....6. regulations or modification of other provisions, admin rules, and permitting fees leading to...6. monitoring and enforcement. If disclosure is happening and companies are sharing data they are collecting (I have seen it) then enforcement of buffer zones, notification etc. could be relatively simple. (or not). The point is we do not know how complicated monitoring compliance will be until we do the study.
No one who has followed Gary"s career should be surprised by this bill, he has always shown environmental leadership. For myself I know Gary's motives are for the well being of our community. I find the second guessing and attacks on character inappropriate and distracting. Lets stay on point and not shoot the messenger. Thanks for your ongoing inquiry and skepticism. It's healthy.
"Lets stay on point and not shoot the messenger. Thanks for your ongoing inquiry and skepticism. It's healthy."
And the point is.......we have laws that both corporations, the State, and the County government ignore. We have leaders with no backbone to stand up to corporations. "Skepticism" is putting it mildly.
As the REM tune goes....."I'm losing my religion" reading what goes on here.
Dr Shibai
Would you care to define your use of the term "insider"? Is it everyone who works in government? In all walks of life, people recommend people that that know, trust, or have worked with before - but you use the term to descrive a "psst-you scratch my back and I'll scratch yours" conspiracy whose sole intent is to enrich oneself and other "insiders" at the expense of the public. I think that there is often a grain of truth in that, but far less than you think. Is every last person in government corrupt, greedy, incompetent? Seems a bit unlikely.
Also, why do you write that because the county auditor is not a CPA, he can't do a proper audit? One can have a strong background in finance, business, or government and be an excellent autditor without being a CPA. In fact, being a controller for a business is probably the most similar job to county auditor, and many controllers are not CPA's, since many U.S. counties require that the auditor be a CPA.
Sorry, I meant to write that many U.S. counties DO NOT require that a county auditor be a CPA.
Tim, with all due respect, I'm sure you passed the TVR ordinance with every intent that it would be regulated with enforcement. Yet it never was, and still isn't. I'm just giving people a heads up so their expectations for 2491 are in line with reality. It's not about Gary's character, it's about the way our county government functions. I believe Gary is coming from a place of good intentions.
1:24 -- In this case, I define "insider" as a deputy county clerk, which is the position Ernie Pasion previously held. That, to me, is deep inside.
And yes, I know for certain that not every person in government is corrupt, greedy or incompetent.
You describe him as insider. When we hear that term, and the context in which you used it, we think "corrupt", or at least, corruptible. All because he was once a deputy county clerk? That's it? That's your evidence that he's corrupt? Does the rest of this person's life - his other work background, education, character, etc. matter? I think that characterization, on so little evidence, is very unfair.
Wait a minute. I never alleged he was corrupt. That's your characterization. My assessment would be more along the lines of he's in over his head.
I'm pretty sure that when most people hear the term government insider, they think "corrupt", "one of the boys", or something otherwise very negative. They certainly aren't going to think, "person I can trust". But ok, you're not saying that he's corrupt, but you are implying\ alleging that he's unqualified (that's what "over his head" means, after all). I think that's also unfair given that the only thing you seem to know about him is that he was once the deputy county clerk, and I don't see how you make the leap to "over his head". We disagree but I appreciate\respect your taking time to reply and I'll move on.
Joan, what does na'au mean to you? You use the word often. i have lived here all my life, understand what na'au refers to, but i never use it-----i save it for the Hawaiian people and their culture---it can mean many things---you too should put it on the side and save it for the Hawaiians! It just doesn;'t sound right when you use the word! Anyway, you sure made Hooser look like a bad guy! Good feed for the pro gmo group! You too are dividing the community!
Anyone who lines up with that evil former prosecutor is corrupt. These sl*t puppets are a waste a human beings life.
SLAVES for the GOBAG
County Council 9-9-13 2:41:00
BYNUM: I don't have any concern that people on Kauai are going to manipulate data or commit fraud. They're professionals.
I disagree - Joan, keep using even more Hawaiian words - It will promote interest in and help to keep that beautiful language alive!
joan, you've disappointed me on all levels. If you knew or was told by it's author,from the beginning that the bill was non enforceable, and you didn't include that in your blog from the start, you are just as fraudulent as those you rail against.
And I know nothing about Ernnie Passion or his qualifications but from what I've read and heard he is doing a stand up job and if your going to dis him back it up!
No one said the bill was nonenforceable.
"if your going to dis him back it up!"
She did. She gave you the link to the website and it shows how that office hasn't produced anything in over a year despite Ernie Pasion and Lani Nakazawa costing the taxpayers over $200,000.
And that didn't include the thousands paid to contractors for the auditor's office. Audit the auditor!
I have always felt that Joan Is PRO GMO. Gary n Tim you were ambushed by the Joanster.
I think I'll be a brain surgeon tomorrow.
Physician, heal thyself. First, get a brain transplant.
See what happens when you speak the truth? The disciples can't handle it.
Can we also find out what is the cost incurred by the taxpayers of the "six" audits that the contractors have done for the last 4 years and add to the salaries of all the staff in the auditor's office?
I think the most valuable part of the Bill is the right to know. Then, if illnesses do appear, or illegal spraying does occur, the companies responsible could be held liable. We would know what/when/how much they sprayed. Of course they will probably lie on their reporting forms, but they will eventually be held responsible, maybe 20 years down the line to the heirs of the dis-ceased. Like with cigarettes or asbestos.
Joan,
Your right I tend to trust people until they give me a reason not to. Yes I expected Planning to enforce the law and they did not. You know I support a specific investigation into this unexplainable systemic failure. And yes I am upset about the failure of parts of the planning department to act with unbised integrity. However the current leadership in Public Works with Larry and Lyle is strong and credible. They may be reluctant to get involved with regulation they dont understand at this point, but if they are legally obligated to regutate I have no doubt they will do so with diligence.
Also I don't think DuPont Pioneer et al will falsify documents and data they have to file with the EPA, state and now the county and citizens of Kauai. (if bill passes) They are scientists and they keep meticulous records. The bill says they have to share the info which may lead to a realtively uncomplicated permitting and compliance plan that does not require huge scientific expertise to administer.
Thanks again for facilitating the discussion.
Tim, trust is a wonderful thing, but I think you have moved into the realm of naiveté. For example, you still trust Doug Haigh, even though I exposed how he accepted those bogus formulas to approve "unsubstantial improvements." And when you tried to minimize 2491's enforcement needs by saying, it may come down to whether the companies are providing the data the law requires, I had to wonder, where the heck have you been? Because in case you missed it, that is precisely what's at the crux of the TVR law failure.
How can public works enforce diligently if they say they need 8 people, Tim, but you only want to give them one?
Test the water now and when the heavy rains come. See what's in it. Might be safe, might be scary.
Ernie Pasion is more competent than most current appointees. He calls a spade a spade.
IMO - THE most important thing with the bill is that it has lit a fire under the butts of the "kids". They will see how things 'work', and work to fix it, by volunteering for better candidates and for running themselves. Mahalo Gary and Tim, this could have never happened without you and I am deeply indebted to you for bringing the matches.
You wonder why the Auditor's office has not published/reported any report since the CPA left the office. Aaah.... perhaps they don't know what to do or how to do an audit. Perhaps... that's also the reason why the Auditor wants the vacated position re-funded so he can hire someone who knows what to do.
Ho sad...sad... and shameful for the County of Kauai to keep an office filled with incompetent people hired because "I scratch his back" scenario.
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