Musings: Bynum Settlement Approved

After burning through $750,000 in legal fees, and facing at least another $500,000 to take the case to court, the Kauai County Council has finally agreed to settle Councilman Tim Bynum's civil rights lawsuit for $290,000.

In his September 2012 lawsuit, Bynum contended that defeated Prosecutor Shaylene Iseri and planning inspector Sheila Miyake violated his civil rights by pursuing him on a zoning violation to squelch his free speech on the Council and harm his re-election bid. The case was headed for a hearing on summary judgment when the county's insurance company negotiated a settlement. 

A federal judge supported the settlement, finding that Bynum's claims were not frivolous, unreasonable or groundless.

Councilmen Ross Kagawa and Mel Rapozo cast the only votes against the settlement. Ross said he plans to file an ethics complaint against Councilman Mason Chock, contending Mason shouldn't vote on the settlement because Bynum had supported his recent appointment to the Council.

But Ross apparently has no problem with he and Mel voting against the settlement, even though they are both staunch Shay supporters.

Mel pushed to take the case to court, saying he thought it was improper for Councilmembers to be determining a settlement for one of their colleagues, and a court hearing would launder all the dirt. “The public deserves to know the truth,” he said.

But in his withering order, U.S. District Judge J. Michael Seabright wrote: 

[P]roceeding in this action, where Plaintiff [Bynum] has been compensated and seeks dismissal with prejudice, would serve no purpose other than to feed the fire of Plaintiff’s and Carvalho’s public feud. Needless to say, such purpose does not justify the expenditure of the parties’ or the court’s resources. 

The court will not be drawn into this continuing political feud.

As both Councilwoman JoAnn Yukimura and Chair Jay Furfaro noted, the Council wasn't approving a settlement, but ratifying a settlement negotiated by its insurance company. And if it went against the insurer, it could be facing a breach of contract action. It would also have to pay all future costs associated with the case, including Bynum's attorney fees and damages if he were to win.

Ross argued the Council needed to reject the settlement as a way of discouraging people from filing lawsuits against the county.

But Councilman Gary Hooser nailed it when he said, “What encourages more lawsuits is the conduct of county employees in the planning department, prosecutor's office and elsewhere.”

Right on. Look at how much Shaylene has cost the county due to her dreadful “management” practices. And Sheila was recorded on tape acknowleding that county attorneys told her it was illegal for her and another inspector to trespass onto Tim's property and take pictures through a crack in his drapes. 

Until the county cleans up its act, improves its human resources department and cleans out its dead wood — Shay's been defeated, and only insane people would return her to office — it's gonna continue to be sued, and rightly so.

Yes, Tim did have an improper rental, so he's not an entirely sympathetic victim. But problem is, a lot of other folks have illegal rentals, but only he was targeted for enforcement by his political enemies. And that's wrong.

Ross went on to say he'd had “hundreds — Really, Ross? Hundreds? — of people come up to me. Not one has told me settling this case as represented in the newspaper is a good idea."

And therein lies a big part of the problem. The Garden Island's coverage of this issue has been so horribly botched that anyone who hasn't also read this blog hasn't a clue about what's really going on. 

Sadly, the Bynum case offers yet another example of how TGI, and renegade politicos, repeatedly fail this community.

Update: Just read Darin Moriki's report in TGI and I had to say, Bravo! He's the first reporter to get it clearly, and right.