The County Council yesterday approved spending up to $10,000 on special counsel to represent Mayor Bernard Carvalho Jr. in the lawsuit with the Police Commission over whether he was authorized to suspend Chief Darryl Perry.
County Attorney Al Castillo said he has been in ongoing dialog with the Office of Disciplinary Council (ODC), which advised conflicting out his office. So the mayor wouldn't have any representation on this issue unless he got special counsel. One of these days I'm going to tally up how much the county has spent on special counsel in the last year. But then, why add to your despair?
Speaking of which, as I've noted previously in this blog, obtaining public records from the Kauai Office of the Prosecuting Attorney (OPA) is like pulling impacted wisdom teeth. But then, I can understand the reticence of Prosecutor Shaylene Iseri-Carvalho and First Deputy Jake Delaplane to give up records they know will make them look bad.
Case in point: a batch of emails I requested from January, when Councilwoman JoAnn Yukimura asked Shay to come talk to the Council about the effectiveness of the Victim Witness Program. At that point, Erin Wilson, who was brought over from Colorado to work in the program, had been terminated with just two weeks' notice after only 78 days on the job — supposedly for lack of work. She had outlined some of her concerns about Shay's mismanagement in a letter to the Council that was also covered by The Garden Island.
I knew, when I made the request, that Jake had been soliciting former OPA employee Cyndie Johnson to submit testimony in support of the OPA. But when I received the emails, quite a bit of information on that topic had been redacted. Additionally, seven emails were not turned over because they would supposedly “frustrate a legitimate government function, namely the deliberative process privilege...chill applications to positions...and constitute a clearly unwarranted invasion of personal privacy.”
Here are the requested emails, which include Erin's letter. If you scroll through, you will find a number of other goodies, including Shay's infamous letter defaming Councilman Tim Bynum, and several emails where she's bitching about not having time to get info for JoAnn.
There's also an email from Jake telling everyone in OPA that if they want to attend the Council meeting — you know, in a show of support for their fearless leader — they can get paid for it. And a number of OPA employees did just that, spending the entire afternoon in the meeting on the taxpayer's dime. According to the county's leave policy: Departments who have the need to issue administrative leave are expected to utilize it in an efficient and economical manner, and should be able to explain their reasons for using this type of leave as opposed to other types of leave. Ahem....
And you'll see some schmoozing between Shay and “your pal” Glenn Mickens, with Councilman Mel Rapozo plugging for Shay's re-election. Fortunately for Mel, a subsequent records request showed that he did not do that campaigning on the county's computers.
Then there are the emails between Cyndie and Jake, where she says sure, she's leaving for the mainland the very next evening, but she'd be glad to write a letter pumping up the OPA and countering Erin's allegations. Except she has no access to a computer. Then there's a lot of redacting in an exchange that ends with Cyndie writing, “I will come in first thing in the morning.”
But someone felt that redacted information should see the light of day, so it was leaked. And lo and behold, what does it show? Cyndie asking if OPA has a “spare computer” she can use to write her testimony and Jake replying: “We can set you up with a computer to use here anytime tomorrow.”
Sure enough, she came in and used the computer and drafted a letter, which Shay and Jake then further doctored before it was sent over to the Council.
Now we all know that county facilities and equipment are not be used by people who do not work for the county. And Jake and Shay must know it, too, or else they would not have redacted those incriminating statements.
Another email that was withheld was also leaked. In it, Shay, despite complaining in other emails she did not have time to respond to JoAnn's requests for information, sends a lengthy email to a reporter for The Garden Island in which she trashes Erin and says Erin's testimony “is thinly veiled political attack, fueled by a jilted employee.” Shay then refused the reporter's request to release the response to Erin.
As I understand it, Erin has successfully settled an EEOC claim against Shay, so I guess her complaints about the OPA had some validity.
I asked the Office of Information Practices whether it was legitimate for OPA to redact that stuff about Jake letting Cyndie use county property. The OIP launched an investigation, but Jake did not respond to the agency's request for documentation justifying his position.
Shay should be investigated for forcing her employees to work on her campaign.
Shaymeline is being investigated for that already...think that more than OPA needs investigated because even making a judge buy your damn kids raffle tickets should be (Oh it is) illegal - doesn't mean they don't do it.
personnel files are not private - I believe there is a court case on that and since THEY are a government - no privacy.
Shake is in trouble.
For all of you who are pro Kollar especially women. Kollar tried 2 cases as a deputy PA and lost both. One of his cases was a crime of violence against a woman, a felony. On the morning of the trial, before the trial, with witnesses subpoenaed, Kollar cut a deal with the Defense Attorney to dismiss with prejudice all accounts. The PA was not notified, The mother and child were not notified and the witnesses were not notified. They all showed up for court only to be told your case is closed. That female was denied justice and her day in court thanks to Kollar.
Blah, Blah, Blah enough of your approbrious comments. Quit graping at straws. It's not working. People are smarter than you make them to be.
My previous post Blah Blah Blah by wireless is in regards to the, 11:42 post. But it may show up by time on desk tops.
Is the defense attny a Kollar supporter?
Wow so many dogs and not ebough fleas, The OPA is a soap opera for all ages.
Get your popcorn ready folks, the show is not over by any means.
Do these peoples mind develop or are these adults stuck in high school.
If you want to learn how to be a criminal just stop by the OPA.
Shay had at least two felony trials where the alleged victims were women. Both ended in not guilty verdicts. It happens.
By the way, one was a sex assault and the other was an assault in the second degree.
Justin seems to have a lot of strong, smart, progressive women in his campaign. Guess they believe he'll be the DA that actually does something about all the unsolved murders of women, un-charged sex crimes and the like here on the island.
It would be a large step but a lot of these perps are related to the GOB. Many of them are county and state employees or relatives so it's going to be really hard for Justin to do.
It can been done but I don't believe Justin will be able to do it, it would be the PA after him who is not from Kauai and has no ties or relatives on Kauai.
Kauai desperately needs a County Manager, if your a Mayor and make over 110K a yr and have to steal gas.
The average Kauai citizens work 2 or 3 jobs struggling to make half that 110K and pays gas to go to their multiple jobs and take their children to school without stealing gas.
Kauai needs a County Manager who is qualified to run Kauai without many 100K assistants that might be stealing gas too.
Can someone call Sue Kanoho and tell her to get on the phone so Hollywood can do a show of Kauai's Corruption.
If Jake is in a county vehicle after business hours at the bars to be Shay's personal DD chauffeur then that is also fraud, waste, and abuse of county vehicle privileges.
Al call the FEDS on these looney tunes characters, neva mind if they get some of your friends too.
Everyone in the Judiciary community knows Shay's a F up, it's the voters that are fooled.
"I asked the Office of Information Practices whether it was legitimate for OPA to redact that stuff about Jake letting Cyndie use county property. The OIP launched an investigation, but Jake did not respond to the agency's request for documentation justifying his position."
Jake, Jake, Jake, when will you ever learn? You gotta give up this white collar thug life.
the only soap opera at the OPA exists in the pages of Joan's largely fictional accounts
Fiction at OPA? Have you been living under a rock?
Tim Bynum case, Humane Society case forced to conflict out, DJ Rego case, Victim Witness program issues, POHAKU Ethics and procurement investigations, Shay driving the County car home, etc.
OPA is stranger than fiction.
My, my...what does one talk about on Kauai if not politics, civic corruption, rich haole evasion, trampling cultural esthetics, etc.
Isn't there any other subject matter of interest?
May as well call this Kauai Civic Beat or something.
Doesn't sound too "eclectic" to me.
Where's the "wow, this is Kauai!! I want to visit/move there!!" stuff???
You make it sound horrible.
Beam me up scotty, Cpt Kirk (Jake) needs help the protagonists have altruistic values.
You can't Handle the truth!!!
The island of Kauai is beautiful place but It's also a horrible place too.
All of the Unsolved murders, the county corruption, the crime, the drugs, the sex assaults, the nepotism, and how the GOB is involved in all of this makes Kauai number one in a visitors destination.
It's about time Kauai identify the problems and the people who are responsible.
The victim witness program had real damaging issues. Some of the counselors were related to cops and that was a huge conflict because some counselors would be hostile towards the victims.
"rich haole evasion"? That's what makes this place so bad. We must stop evading rich haloes.
Victim witness counselors hostile to victims because their relatives were cops??? Really?!?
Fictional accounts from OPA emails.
Yeah Kollar supports those cop loving victim haters at the victim witness program. And he lost a case once too. Shayke wins all their cases. Plus they have a cool collection of secret tapes - to be used in lawsuits after the election.
Jake, you look like you need to take a break. Pressure's going to drop on you. And when it drops, you gonna feel it, know that you were doing wrong.
Yes really they were very hostile but the PA was also negligent. All you have to do is gather the crime victim witness counselors names and match them with relatives/husbands/boyfriends on KPD.
That's as dumb as respect da locals mentality, it's all the crack heads and drug dealers that are coming to Kauai.
Businesses that are drug fronts and those county officials that protects these individuals and establishments.
The scam artists that prey upon the elders and the undereducated.
When this case is pau, the Mayor should be impeached and Castillo fired. Enough of spending public's money to defend unethical, egotistical, self serving politicians. Disgusted.
"Businesses that are drug fronts and those county officials that protects these individuals and establishments."
There's many, you just gotta know where and who is involved. It's hard if you're not from here and not in that kind of scene but it's possible to get intel. Utilize your agents and gather information through arrested druggies by establishing Kauai as a OCDETF area. You have to get them before OPA cuts them a wrist slap deal though bcause of the GOB connections.
what does the Tea Party and Koller supporters have in common? Everything.
"what does the Tea Party and Koller supporters have in common? Everything."
This makes no sense at all!
Joan want to thank you for the public service.
Really, on Kauai you and Parx are often the only sort of "real news" we get. Sure you add your opinion sometimes but why wouldn't you? I see postings that you are too "negative" but I just checked TGI and saw I could read about "Traditional summer drinks deliver at Josselin’s" or "Cuba whips up giant daiquiri in world record bid" or "I Believe in Mermaids" Sometimes I want to know what is going on in government, and sometimes its depressing.
Anyway, thank you and this latest disclosure of documents and emails has me up and registering to vote. We really need more brave reporting.
You're welcome! And I'm so glad you're registering to vote.
Recall the mayor...!
Impeach him and fire his political henchmen/women.
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