Kauai Mayor Bernard Carvalho is asking the Hawaii Supreme Court to review a lower court ruling that found he did not have the right to discipline the police chief.
In July, the Intermediate Court of Appeals ruled the mayor had no authority to suspend Police Chief Darryl Perry in February 2012. Though the police commission voted to reinstate Perry after the seven-day suspension, the mayor refused to allow him to return to work. The commission sued and lost in Circuit Court, but won on appeal when the ICA found that the police commission's power to discipline the chief is implied in its sole authority to hire and fire him.
The request for the high court review argues that the ICA “failed to properly contextualize the legal issue” when it focused solely on powers set forth in the County Charter and did not acknowledge the administrative limitations of the commission and the mayor's “authority to exercise direct supervision over” the department and chief.
So if the mayor supposedly has authority to directly supervise the department, why would you even need a chief and commission?
Grove Farm is using its September newsletter and website to state its side in the planned closure of an access road to Mahaulepu:
Over a year ago, complaints made by Surfrider's Kaua'i Chapter prompted the State of Hawai'i Department of Health's (DOH) Clean Water Branch to conduct numerous water sample surveys as part of their Sanitary Survey process in the Maha'ulepu watershed.
While the complainants speculated that the bacteria was caused by ongoing improvements to the area by Hawaii Dairy Farms (HDF), the State found no significant impact to the Waiopili Ditch from any activity that can be attributed to HDF or other lessees in the area.
The proposed dairy area is over a mile away from the beach and while previous cattle operations had leased the area for well over a decade, to date HDF has not brought in a single head of their cattle.
At the direction of the DOH, Grove Farm’s affiliate, Maha‘ulepu Farm LLC (Maha‘ulepu Farm), has closed its private road leading to Maha'ulepu as the DOH conducts additional testing to better determine the source of bacteria in the area. Maha‘ulepu Farm is willing to assist DOH, and will temporarily close its private roads to Maha‘ulepu to the public until DOH’s testing can be completed.
Upon completion of the testing at the end of November, Maha‘ulepu Farm intends to reopen its private roads to the public.
While fisherman access will remain unchanged, the area will be closed in an effort to preserve the quality of the testing and to ensure that test results are not compromised.
It's been fascinating to read some of the paranoid conspiracy theories circulating around this, including attempts to blame it on the Dept. of Ag seeking revenge against Surfrider. Uh, sure, right. WTF does DOA care if the road to Mahaulepu is open or closed?
And I'm still waiting for Surfrider's PR director, Robert Zelkovksy, to explain why, if the group is “anti-pollution,” and “not anti-ag,” as he claims, the group's most aggressive actions have been directed toward the dairy and seed companies, neither of which have been documented to be polluting.
In its coverage of campaign funding today, The Garden Island offered an inaccurate picture of Councilman Gary Hooser's finances. The paper reported that “Hooser has raised a total of $59,193.09” and “spent $64,542.97.”
What it failed to note is that Hooser also took in $9,603 from “other receipts,” including matching funds, and a loan of $7,250, bringing his total receipts to $76,046. Then there's the additional $6,216.84 eligible for matching funds that was collected since the Aug. 13 disclosure report was filed.
Which brings Hooser's total receipts for this County Council campaign to a whopping $88,479.68. That's double Derek Kawakami's total of $43,775.11. And Derek came in first, while Hooser got ninth.
Guess there are some things that money just can't buy.
Hooser and Councilman Mason Chock are featured in Civil Beat's candidate profiles, with Hooser curiously neglecting to mention his presidency of the anti-GMO HAPA advocacy group under “community organizations.”
Chock, meanwhile, opines:
Our community deserves critical thinking and healthy conflict that will result in the best possible outcomes for the county.
No shit. Instead, we've gotten the exact opposite.
He then devolves into near-gibberish:
I am a leadership development facilitator by trade and believe change is best achieved through the art of mobilizing people towards a shared vision and outcome that they agree should occur. At the Council level, this requires independent thinkers who are willing to disagree in the spirit of seeking a common outcome through intense problem solving and dialogue and then commit to the direction set by the collective voice.
Before ending on a note of insight:
Maybe if voters were to elect people into office who value listening to all points of view rather than a specific mindset or agenda, we would experience more openmindedness and objectivity from elected officials.
Guess that rules out Hooser.