Kauai Prosecutor Shaylene Iseri-Carvalho may be running afoul of the county code of ethics and state procurement law with the POHAKU program she launched last year.
Councilwoman JoAnn Yukimura said she was concerned about the prosecutor's relationship to Strategic Justice Partners, a restorative justice consulting company that is listed on the POHAKU website. A search of state business registration identifies Jake Delaplane, the first deputy prosecutor, as Strategic Justice Partner's agent, and its address as the Office of the Prosecuting Attorney.
“I think that's a violation of the ethics code because you're using public property for private use and there's a potential conflict that Jake would be their agent,” JoAnn told me during a break in yesterday's Council meeting.
Some people are given the choice of going through POHAKU to get their misdemeanor charges dropped. But they must pay $200 to register for the one-day class, and it appears the money is going to Strategic Justice Partners.
JoAnn also had questions about how Strategic Justice Partners had come to provide services to POHAKU. In checking with the county Purchasing Department, I found it has no record of a request for proposal (RFP) related to the POHAKU program, and no contracts for services related to the POHAKU program.
“This is raising serious questions about the procurement process, especially because she's [Shay's] an attorney and the highest paid department level manager, so she should know,” JoAnn said.
County procurements are governed by HRS 103D, which generally requires competitive bidding. Violations can carry misdemeanor charges.
JoAnn had planned to ask Shay about POHAKU's operations during yesterday's budget hearing. But County Attorney Al Castillo advised against any inquiries related to the program, saying Shay's rights could be violated if she was questioned without having an attorney present.
So why does Shay even need legal representation — or as Al put it, someone to tell her which questions she should and should not answer — during a routine county budget hearing? Is she legally vulnerable?
Other questions remain about the financial structure of the POHAKU program. In checking with the county Purchasing Department, there are no invoices and expenditures associated with POHAKU, which has been running since last year. It's also unclear exactly where the registration fees paid by the 49 participants to date have gone. People must deposit payment at Bank of Hawaii or pay on line. When I called the toll-free helpline on POHAKU's on-line registration form, I was directed to a voice mail that said I had reached Strategic Justice Partners and Resolve Class dot com.
The County Charter's Code of Ethics states: No officer or employee of the county shall: C. Acquire financial interest in business enterprises which he may be directly involved in official action to be taken by him. E. Use his official position to secure a special benefit,privilege or exemption for himself or others. F. Use county property for other than public activity or purpose.
A violation can be grounds for suspension or removal from office. Shay is facing re-election this year.
The Council has had some inkling of problems since at least April 4, when Council Chair Jay Furfaro acknowledged in public session that he had asked the prosecutor to answer questions about POHAKU and a related grant program. Al also said he had received “a couple of confidential communications from the Council” about the program.
Yet the Council has repeatedly deferred executive sessions that were set precisely to fill everybody in.
Just this last Wednesday, the county attorney's office was practically begging the Council to accept a briefing on the issue, citing potential liability concerns. But even then a majority turned it down. Instead, they acquiesced to Shay and agreed with her request to put it off for two weeks.
Jay vowed there won't be any more deferrals, and JoAnn has already asked to have Shay come back and answer questions about POHAKU for the budget. But in light of the serious squelching that's already gone on, it's hard to imagine Shay will ever be asked these hard questions in a public forum — if at all.
There are two major stories here. First this emerging POHAKU scandal which may be criminal. Second JoAnn, Tim and to Nadine try to address it and do the right thing while Jay, Mel, KipuKai and Dickey manipulate to coverup.
She does need her own lawyer. We shouldn't pay for it.
No wonder Shay was scared to have JoAnn question her. No kid glove treatment like she gets from the boys
This is all cause of that POHAKU rock that flew up Wailua in the tornado. That rock didn't like it's name being used this way.
Shay will now ask for a pay raise for Jake because the poor guy has to work two jobs.
despite all the crazy circus...i remain hopeful that Jay will prove to be the true leader that he is and allow the island to get to the bottom of this POHAKU mess so some much needed flushing can get done!
Dear Kipukai - why oh why are you turning tail now so early in your term? One of my hopes was for Kauai to have a Hawaaian mayor someday! will we ever see that day? the light of day?
According to Joan's article, Jay did ask the County Attorney about Pohaku. That's why Al said that Shay needs a lawyer.
Shay is right. We do need the FBI to investigate corruption involving attorneys that work for the county, just not the ones that work in Al's office.
KipuKai was a clearly a mistake!
Joan's April 19 post:
"Clearly, there's something sketchy going on with POHAKU. At the April 4 meeting, Jay publicly stated that he had questions about the program and its related grant application and had asked the County Attorney's office for answers.
County Attorney Al Castillo acknowledged he had received “a couple of confidential communications from the Council” — indicating Jay wasn't the only one who expressed concerns — and his office needed a week to respond."
So Jay was looking into Pohaku before the ---- hit the fan.
Yea Jay and others were looking into it, but when Shay sent email alleging all kinds of stuff for the first time targeting Jay he whimped out and started to support Mel and Kipukai to delay past budget hearing. Of course Dickey followed his lead. Typical Jay protect self first, justice second
OK so you can get out of criminal charges but only if you pay $200 to this Nevada company that is run from California but lists a Kauai government office as it's address, and no one is allowed to ask questions about where the money goes or why no procurement or competitive bidding or public vetting of the vendor was done, because the county attorney wants to give the prosecuting attorney the chance to lawyer up, but we have to keep paying for it if it's not voted on before some pending deadline...is that all?
Shay's email targeted the County Attorney.
Anonymous 10:21 AM thanks for clearing that up.
Now it all makes sense... nonsense.
You really can't make this stuff up. Between the dust-up with the mayor and chief of KPD and this it would seem the patients are fully in charge of the asylum.
I humbly ask for your assistance investigating public corruption in the County Attorney's office. During the course of your investigation, they may say things to try and discredit me. I'm sure you will see through their ploy and focus on the real issues at hand.
The Prosecuting Attorney
Shaylene can waive her rights and answer questions. She doesn't need to hide behind a lawyer. What's the ruling Judge Mel? Can she knowingly and voluntarily waive her rights and answer the questions?
Tim: "If we would have held those Executive Sessions to hear about this, would there be a conflict now?"
Mel: "That is speculative! I'm going to be the Judge here. Objection! That is speculative!"
Tim: "Are we in a conflict situation now because of the Prosecutor's allegation on the record?"
Shay: [Outburst from what Shay mistakingly thinks is one of her courtrooms] "Objection! How dare you?!!"
Mel: [Whack of gavel] RECESS!!
Actually Shay yelled to the Council (from the council audience area):
Objection! That is ridiculous! How dare that happened! How dare that happened!
To which Tim Bynum replied: How dare what happened?
shock, outrage, yada yada. Anger, disgust, yada yada. corruption, greed...yada yada.
RE: "F. Use county property for other than public activity or purpose..." what about the County's "Executive Protocol Officer" Sean Texeira getting wasted at a party on county property, getting in a accident, abandoning the vehicle and opening up the county to liability issues should he have harmed someone? why wasn't he fired?
Good question. What about Shay using Pohaku to campaign?
Shay........the smoke and mirrors sham shaman
Like Edgar J Hoover..she has the "boys" (Jay, Mel, Dickey, and disappointingly......KipuKai "by the balls"
What are they hiding that Shay is keeping for control......?
What is the "heroine's tragic flaw"? "Achilles heal?" Behind the toughness and the hardness...is there a Heart to break?
Or has it been broken so much and with Shay's scared impregnated Heart there is no room for compassion?
Where does the anger and revenge gain its sustenance?
Did anyone notice the OPA budget powerpoint presentation colors were orange and black. Aren't those Shay's campaign colors?
Those people mention above are apart of Kauai's criminal network.
POHAKU and Strategic Justice Program is a Costa Planning Department rerun.
The Rats feed on the cheese, finally light is brought upon Kauai's disease carriers.
Will we have people crying on Hoike, saying we must stick together?
The punishment must meet the crime. Jake, Shay, Mel, Kipu, Dickie, and Jay time for you people to apply for the Strategic Justice program before it becomes felony charges.
POHAKU= MiliVanili "Blame it on the rain yeah yeah"
And da winnah is, "Jake, Shay, Mel, Kipu, Dickie, and Jay time for you people to apply for the Strategic Justice program before it becomes felony charges."
I thought they went into executive session to hide the dirt. This is a new development.
If they go into executive session for the briefing then they are responsible to do something. Easier to claim ignorance, coverup and delay. Maybe it will stay under the rug.
And it will stay under the rug, did you see the pathetic reporting of the Garden Island. Was that reporter in the same room as Joan?
I'm so confused, this is an elected official with responsibilities to the people (us) who elected her. Why is council scared of her?
Why is she allowed to even run for re- election? How much money has she cost us in outside council fees due to her inability to prosecute cases?
She indicated that her BIGGEST challenge is her own council? Let us note the exceptionally high turnover rate in her office, that is not a problem for her? Those who advise her against doing things illegally or Unethically, that is her problem.
Don't be mean to Sean, his Daddy is Planning Commision chair, they might go after you like they did Tim!!!!
Btw, that's why he still has a job. ;)
Drunk on county property? you act like this is something new and different, wake up, this is the culture here people, GET USE TO IT.
Get on the banndwagon, get in line and vote Bernard. Got it!
Peepin Tom Stalker is being a servant, you are not in the dark (you are being watched).
I want you to go into the executive session with a tape recorder.
That red go cart county worker at Kealia beach was so drunk that he could not sit upright on one of the boulders at the entrance of Kealia Beach for all the world to see. Everyday before that incident I would see him at Kealia beach Drunk as hell and I would wonder how come nothing was being done. Who is he related too and what was their position title for this alcoholic to get away with being drunk on duty as a County of Kauai employee everyday.
What if he ran over a child, someone at the bike path, or himself and how much is it gonna cost us? Lenny Rapozo was at the scene of the crime.
Anonymous april 22, 1059Pm
U wanna peep game on my scribbles
Suck my Kak u hoe azz nickah
Peeping Tom aka Shelia or Patrick?
It would be nice to have her questioned in a public forum, like in a court of law, where she can yell objection and have a real judge make the call.
Mel should treat the Prosecutor's Office like any other department. He should stop protecting Shaylene. Loyalty to a friend should only go so far. It should not come at the expense of the public.
Mel's preferential treatment toward Shay is so obvious. Camera at Council meeting doesn't lie.
Objection! That is speculative. I'll be the judge here! Oh, it's a Council meeting? Not a courtroom? I'm not a judge? Just a babooze desperately trying to keep the truth from being made public? Never mind.
Copycat, Fraudulent, Lip syncing and who's fired now for being dishonest. Wouldn't all of those county attorneys and crime victims counselors want to know.
I guess Shay has to fire Jake then herself for this white collar crime. I wonder whose pockets are being stuffed to the tune of $10,000 unaccounted dollars. Mel sure looks like he's trying hard to pprotect Shay and doing a good job so far.
Why don't you guys give him a couple benjamins for his efforts or is all of the 10k spent on that Las Vegas trip. Keno Keno Keno
Why do both Shay and Jake have to go to every public meeting or function together during work hours? Council meetings, charter review commission, salary commission, and every meeting involving the police. Why do both the Prosecutor and First Deputy have to be there? Who is running the office when they're doing Pohaku, Senior Fraud and all these public hearings? Don't they have work to do? Are we paying both of them to constantly do self promoting b.s.?
we are paying them to attend conferences, seminars, continuing education classes, etc. all while they are out showboating, no one is around to prosecute cases, hence the need for additional PUBLIC funds to be expended on outside council for job she was elected to do.
It has become clear she is not qualified to do the job.
I heard that Shay is going filing planning violations for those who have Kollar signs in their yards.
she will protect those who have her signs in their yard
be afraid of the women playing with half a deck
You know this is a classic example of how are government and tax dollars are put to work.
It's any wonder that all our kids aren't on drugs. I mean think about it, your taught to respect our leaders and this is the crap they see.
Here is a couple of ways to take it back.
Stay out of the store - no sales tax
Quit work - Join a (true) coop of neighbors in groing vegetables and trading fish and pig for subsistance.
Turn off tv and electric they are just dumbing you down.
Don't vote unless you see somebody in local government that WILL make a difference (they have a proven track record). I haven't seen A one. Obama looked promising, but quickly faded into the corporate cloud of self preservation.
Stay out of the process it feeds on you. ALWAYS HELP YOUR NEIGHBOR!
Well, since everyone else has posted as Anonymous, I'll do the same. I usually sign my opinions, but maybe that would be sticking my neck out too much!
I'm a newbie haole - only lived here for almost 2 years. The main things I've learned - don't try to compete with locals in business, don't take a job a local could get, don't touch politics because the old boy's club will destroy you, and make believe all of this is normal.
With all the talk here and on Facebook about dealing with the corruption on Kauai, I simply don't believe it will happen. The locals will vote for their friends, the status quo will continue, and thinking people will once again be ignored and marginalized.
At the Kauai Democratic Convention I mentioned Justin Kollar's bid for prosecutor to a high up Democrat local. She said, "I know Shaylene is corrupt, but she gets things done, so I'll have to think hard about who I'm going to vote for."
Kauai is a banana republic and it's not going to change. Why waste beach time trying?
Shay ain't getting' nothin' done for anybody but herself. She's too busy covering her okole.
Shay ain't getting' nothin' done for anybody but herself. She's too busy covering her okole.
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