Friday, January 25, 2013

Musings: Swirling


After the rain came the brightness of a moon that will be full tomorrow, a moon that slipped behind Makaleha and left the stars to do the lighting as the fog crept out of the cold, wet pastures and swirled across the road, the dogs and me.

Once again, Mayor Bernard Carvalho Jr.'s administration is swirling with controversy, what with Personnel Director Malcolm Fernandez getting axed this week by the Civil Service Commission, whose members are appointed by the mayor. So what do you think? Is Human Resources Manager Janine Rapozo, a staunch Carvalho loyalist, going to slide right into that position? Or more to the point, was that opening created specifically for her?

And coming up on next week's County Council agenda, the County Attorney is asking for permission to settle the lawsuit that Rebecca Vogt filed against former Prosecutor Shaylene Iseri-Carvalho last September. As I previously reported, Vogt claimed that she was passed over for pay raises because she did not support Shay's failed re-election campaign and experienced retaliation for speaking up:

The complaint alleges Iseri-Carvalho's actions were “willful, wanton, outrageous and oppressive,” and that Vogt suffered job insecurity, income loss, humiliation, and emotional and physical anguish as a result. The extent of the retaliation forced her to take a medical leave of absence, she alleges.

Since filing that complaint, things have brightened up considerably for Vogt. She was not only kept on when Prosecutor Justin Kollar assumed office, but was named second deputy and presumably given a raise.

Anyway, I hope she's as public about her settlement as she was about her lawsuit, since the public really should know how much the former prosecutor's Shaynanigans cost the county. Plus I'm sure all of us who have endured bad bosses are curious to learn how much such suffering is worth. How exactly do you calculate, in monetary terms, the anguish of discovering less experienced deputies are earning more than your own $80,000 annual salary?

While we're on the topic of lawsuits, Environment Hawaii is reporting that the state Department of Transportation is facing possible federal criminal indictments by the Department of Justice:

On December 20, DOJ attorneys informed the Department of Transportation that its lights are causing unlawful takes of birds, sea turtles, and moths protected by the two laws. According to a memo to the state’s chief procurement officer from state attorneys, “Although counsel for DOJ stated that the investigation is statewide, the priority is on O`ahu, where DOJ claims a considerable number of wedge-tailed shearwaters … have been supposedly injured by DOT lights.”

The DOJ has told the state that it can enter into a plea agreement or face a criminal trial.


KIUC and Kauai County found themselves in a similar predicament two years ago because their lights were killing endangered seabirds. Both ended up reaching a plea agreement with DOJ, though KIUC burned through some serious legal fees by waiting until the eve of its criminal trail to settle.

It seems the feds are paying attention to what happens in Hawaii, at least, environmentally.

37 comments:

Anonymous said...

great post I think you hit the nail right on the head. Rapozo wins.

Anonymous said...

Kauai prosecutors began earning far too much salary under the last PA. THe voters spoke clearly, and anger about these puppies making nearly 6 figures was talk about on the island. The voters spoke. Did the new prosecutor bring those salaries down to what normal young attorneys make (60G?), or are they still contributing to the rest of us being over taxed?

Anonymous said...

Are you kidding, office secretaries, clericals, planners without planning degrees are making more than 60k

Anonymous said...

housekeepers and nannies make $ 25-30/hour!

Anonymous said...

That's not really a fair comparison because housekeepers and nannies usually don't get any benefits and have to pay all their own taxes.

Anonymous said...

Ok another Bozo scenario- the reason for the roof of the Gym in Kilauea has been ongoing is because it's called job security.

The incompetents that are being paid 100k a yr are suppose to be the subject matter experts and yet they have no experience or credentials to be rewarded that position in the first place.

These overpaid pals are costing Kauai's taxpayers not only their overpriced 100k salaries but consultant fees that are just as bad as the incompetents.

The problem is that they keep hiring family and friends to patch the roof hamajang style so in a couple years they will be back to cash out again. It's a cycle of fraud, waste, and abuse like the gas theft. If cameras were present and (key word) operating then we would obviously see many different families and friends personally owned vehicle filling their vehicles with stolen county gas.

The same thing goes for the bike path, the illegal drugs, the rapes, covered up unsolved murders, illegal gun sales, importing drugs, the militia that serves the Powers, cops on the take, syndicates, the (average 3 yr) road construction, pohaku program, no bid contracts, tvr's and a whole host of other back room beer deals. It's a effing mess on Kauai.

Anonymous said...

The budget for 2013 is another example of fraud, waste, and abuse. The county announced that they are taking in 3 million less last yr then the yr before but added an additional 3 million dollars in new salaries and raise taxes and produced more hidden taxes.

The County of Kauai is the single largest employer on Kauai- go figure that out (Extreme Nepotism). This is alarming; for in a few years Kauai could be facing bankruptcy like Honolulu and the state of HawaiiAnd other states in the nation. Taxes and hidden taxes will rise so more of the middle class people will become slaves to the economy, cost of living and the county of Kauai.

To alleviate this identified problem that Kauai will defiantly see in its future; the county has to cut it's dead weight now. all unqualified or under qualified personnels should be given their walking papers. An outside state agency should be contracted to drug test county workers without giving knowledge of drug test prior to its occurrence. By cutting and reducing county positions , the county of Kauai would be able to use the funds for better use as in a drug rehab facility, a sustainable reusable energy system to cut energy costs, lease county lands to produce food by creating cheap affordable plots of land for people to grow and sell food (it's a win win situation), create a Polynesian cultural center, and thee's so many ideas that can be progressive way to better the life of the people of Kauai.

Contract jobs that aren't essential and this would save tax payers from paying for retirement, medical, and all the benefits that are a waste and put a financial burden on all of Kauai's citizens. open a bidding process where people can compete and will be only contracted on a yr to yr basis. If the contractor is not living up to the standards then they will be liable and not be able to bid on contracts for a few yrs and there should be a limit on how many contracts a company can receive on a yr to yr basis so others will have equal opportunity to earn a living.

All this can happen only if the people of Kauai will wake up and open their eyes and see what is really going on. We can change what is destroying Kauai and together we can rebuild a foundation that will strengthen Kauai's society and become a better place for future generations. We must improve our situation because many of all of Kauai's people have suffered for far too long. Giving up and accepting defeat is not an option.

Andy Parx said...

1) All settlement amounts are public information. The trick will be to get them to give it up.
2) Malcolm Fernandez has refused to appear before the county council for the last few years to answer questions, especially those related to cronyism/nepotism. Now the new person (Janine no doubt) will be able to say "I don't know anything- I'm new here," as they always do. Classic Kaua`i county move...

Anonymous said...

Vogt is a fraud. She claimed emotional distress prevented her from working. Her lawyer said she was in "pretty bad shape." Yet the day Kollar takes over she's back smiling ear to ear.

Anonymous said...

0746: I think you unwittingly made the very point you were trying to disparage.

BTW...the rumor was, back when Civil Defense was shaken up by creating a new "Director" position that was largely regarded as unneeded, and the former manager essentially demoted, that the entire move was done in order to create a job for a Carvalho crony who was moved over from Parks & Rec (he later resigned...another person is in the position now). Why would it surprise anyone if Janine was slipped into a position under similar circumstances?

Anonymous said...

Andy Parks, ever occurred to you maybe the Mayor stopped Malcolm from speaking???? The Mayor hires who he wants, unskilled, drug addicts with no degrees, and he's a bully! Believe me, I know.....

Anonymous said...

I think the good leadership move as far as HR or personnel should be to bring in someone from off-island, with a ton of experience. The Mayor can secure reelection if he takes the lead and ends this revolving door of cronyism.

As for Kauai prosecutor salaries, just google it. They are overpaid on Kauai compared to everywhere else in America, probably the world. And why should first year prosecutors who have never done a jury trial make more money than public defenders who have been practicing law for for decades? Or first year lawyers making almost as much as the judges they answer to. And, the housekeeper probably has a harder job anyway. Justin probably cannot take this on for internal reasons at OPA, but the Council could.

Anonymous said...

To be fair everyone at OPA was smiling ear to ear the day Kollar took over

Joan Conrow said...

I have also wondered why we spend so much more on the salaries of people who prosecute the accused than on those who defend them. How can that be just?

Anonymous said...

If you are not familiar with the County's hirig process, here it goes. A job is posted, if you apply and qualify, your name goes on an eligible list which is sent to the Dept. needing to hire. An interview is set up, the applicants are ranked, then the top 5 names are submitted to the Mayor for him to pick one. So if you ranked no. 1 by the interview panel, it doesn't mean you will be hired which goes against all civil service rules. The Mayor looks at the names and determines which one he wants, probably he ranks them on his own as to who is parents are, if they contributed tohis campaign, did they sign hold for him???? Oftentimes, the County ends up hiring a useless person who only wants the County job but doesn't want to do the work. So what's the use of interviewing and ranking, I ask you???? Go figure....the Mayor controls it all and the County is going downhill, the budget is another issue. We have no money....hidden fact!!!!

Anonymous said...

I do not thing we need another 4 years of a Mayor who takes trips to places he need not be at the taxpayers expense, steals gas and then gets off free, again taxpayers money, enough is enough. Most positions are exempt so that he can put who wants into these positions, people with no skills but being paid $60K or more. This Mayor has got be replaced, come on, people of Kauai,wake up and pay attention....

Anonymous said...

Am I the only person who can't understand a word that comes out of Kagawa's mouth. I mean he has a hard time stringing a simple sentence let alone a complete thought together.

Anonymous said...

It is my opinion that the Mayor doesn't loke Filipinos....he uses them like slaves...maybe that's why he got rid of Malcolm Fernandez...he's a filipino. All you filipinos...remember what he did to your kind the next time election rolls around. Get rid of this man...he's evil!

Anonymous said...

The Mayor claims he had no control over the firing of the personnel director but I find that hard to believe when every member of the civill sevice commission is appointed by him. One of the commissioners, Lani Aranio, had also applied for the personnel director's position 10 years ago and has been on the commission for about as long as this Mayor has been in office. She was not selected for the position so wouldn't it seem a conflict of interest for her to be on the board. Hmmm...something's not right there! The mayor also clains that Malcolm missed an important Council meeting in August of 2011 and I guess is using this excuse against Malcom. Malcolm had been in Queen's Hospital during that time having a stent implanted in a clogged artery. The Mayor knew about Malcolm's emergency surgery and yet failed to let the Council know who also held it against Malcolm as a no show. Sounds like a political setup big time! So obvious....man, tHe people of Kauai are so blind to this Mayor's wrong doings. He's snowballing everyone. Stealing from us taxpayers and getting away with it.

Anonymous said...

Malcolm firing - - no surprise. It's in the plan since this transition of HR, which turned out for the worse. Janine is the mastermind of all this, for her own interest - -greedy, power-drunk, power grabber. A would-be HR Director who steals gas, falsify government records, and sued for discrimination while she was the Transportation Director. God bless the County.

Anonymous said...

So the mayor is a common criminal who brings in his criminal friends to work for the county at rediculous high salaries(kinda like robbing the citizens,no?).

Anonymous said...

January 26, 2013 at 1:37 PM, Al Castillo is Filipino. There's a lot to criticize but he's not a bigot.

Anonymous said...

Anonymous said...
Andy Parks, ever occurred to you maybe the Mayor stopped Malcolm from speaking???? The Mayor hires who he wants, unskilled, drug addicts with no degrees, and he's a bully! Believe me, I know.....

January 26, 2013 at 10:22 AM

No, kidding, the high level court administrator found guilty of sexual harassment is booted out of the courts (thanks only to EEOC/the victim filed a complaint) and Bernard gives the guy a high paying job with the county...managing the tax payers' money. Is it any wonder a prostitute thinks she can get employment with the courts. Who are we kidding, she knows something--probably a lot. Courts/County bereft with the fringes of society sitting pretty in high paying jobs.

Bernard is a bully? Common knowledge.

Anonymous said...

Court-appointed defense attorneys bill $90/hour for each case they get. Keith Shigatomi is going to make like 50G's defending Hilario for murder, and all of that will come out of our pockets. Public defenders are paid by the State, not the county. Private attorneys charge an average of $2000 just to be retained on a OVUII. The prosecutor's under the new regime are all making $80k now, so how do you suppose they're being paid more highly than defense attorneys?

Anonymous said...

Being a Kauai prosecutor is a sweet gig. Come from the mainland, civilize the brown people, make a pile of dough, no experience necessary.

Anonymous said...

Sounds like that old boar PO is still grinding her axe. Disgruntled and delusional.

Anonymous said...

Really, are the prosecutors making $80K? What was the average salary under Shaylene?

"old boar PO"? I thought the PO was smokin' hot. She was quick witted and always a kind look in her eyes. Lucky guy who won her heart. But, I wouldn't cross her or Kimo if either had a cause.

Right, where does a person begin when considering Carvalho's financial digressions--giving a friend a hand-up? How much tax payers' money wasted and mismanaged?

Anonymous said...

"The prosecutor's under the new regime are all making $80k now, so how do you suppose they're being paid more highly than defense attorneys?"

Uh, because the public defenders make a lot less.

Anonymous said...

Yes, Malcolm is a Filipino, but I do not think his firing as the Personnel Director has to do with his race. It would have been a symbolic pride having a Filipino as a department head, but there are still three Filipino department heads: Castillo (Attorney), Dahilig (Planning), and Daligdig (Civil Defense). Let's wait and see what's next in this saga (or a drama?).

Anonymous said...

Yes, let's not forget Bernard's reorganization of Civil Defense so he could appoint his pal Daligdig to a high paying position that isn't even needed.

Anonymous said...

Joan, can't you find out what the new stable of young PA's are making and post it here? Would be interesting to see if things are really cleaned up around there.

Anonymous said...

who will run against the GOBAGS?

we are stuck with the singing mayor with his cronies for another SIX YEARS of nepotism and favoritism.

Register to VOTE!!!

Anonymous said...

We are not stuck with this criminal mayor for another 6 years, it is less than 2. He'll never be re elected. The problems with constructing the bike path on an eroding beach is just beginning. Watch the fiasco unfold.

Anonymous said...

I hope he doesn't get re-elected - you hope he doesn't get re-elected but the powers that be want it.

There is no viable candidate on the horizon and he has a powerful (however) blind supporters.

Anonymous said...

i predict mayor does not run and the race is between gary hooser and lenny rapozo.

Anonymous said...

Lenny - Janine's husband? The big oaf that can't string a complete sentence together?

Another GOBAG that has to just GO.

Anonymous said...

January 30, 2013 at 5:54 AM

You haven't been here long enough - the path was the former mayor's dream....