Friday, April 11, 2014

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.

37 comments:

Anonymous said...

As a show of faith it would be nice if Mr Bynum donated this settlement to some civic cause.

mrB said...

So, what have we learned from all this? That there is something rotting in the way the County of Kauai does its business?; That so much money has been spent for "the pot to call the kettle black"?; That it's time to focus on other things rather than to waste our time and money on such dribble?

Anonymous said...

$290,000 for Shay's bullying and Sheilas trespassing? Maybe he was unfairly targeted but that seems like a lot. Shay's political vendettas and mismanagement really cost the County some big bucks.

Anonymous said...

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.”

Anonymous said...

Right on, indeed. Kauai has a problem with abuse of power by civil servants. How many times? Not a Hooser fan, but he is dead on right on this comment.

Anonymous said...

Methinks that lawsuits are part of business. The County Attorney is responsible for all of the dough spent to fight a law suit that everyone knew would be settled anyway. These old Insurance Defense lawyers will be the first to tell you "settle, settle, settle."
For the Hoos to make remarks about "conduct of employees" is partially true.
Jackpot Bynum did have an illegal rental, no question on that fact. The preferential enforcement may have occurred, but illegal is still illegal.
The BIG lawsuit is the GMO/Ag action, in which the Hoos and Jackpot Bynum are both responsible. This lawsuit will cost millions. The County will really have to put on their big boy pants or they will be totally harvested by the Big Ag guys.
Hoos and Jackpot's hysterical claims of health calamities, calling for a milyun l'il fistees and the final 2 Wonderland moves, a pre-dawn race to pass an ineffective and legally deficient law and the bizarre, smoke filled room appointment of Chock (with his pre-ordained vote), are examples of bad conduct, no integrity and quest for headline publicity.
It is all about character, integrity, honesty and conduct- traits that appear to be foreign to Da Hoos and Jackpot.
The only way to save Kauai from the economic hurricane the lawsuit will cause is to vote OUT the irresponsible members of the Council and elect some reasonable folks who will cancel the law and work with Big Ag for a reasonable compromise. Big Ag can grind away at this lawsuit for years....and as Hoos and Jackpot enjoy their fat pensions (paid for by the people) the People will be a payin' for their bad acts for years.

Anonymous said...

If Tim had an illegal rental why did the judge kick Shay and Jake off the case and why did the attorney general dismiss the case?

Anonymous said...

Tim had a long-term tenant. There is nothing illegal about that.

Anonymous said...

amusing and disgusting how our county attorney is so weary of litigation for the sake of funds wasted while the oveall allowance of such hubris and ego busting will never abate in the council no matter who is elected. Different traits brough into the mix doesn't dampen the core of who's got the say in what gets done. business a usual.

Anonymous said...

Anyone noticed how stressed out the council is?

Anonymous said...

Tim had an illegal lock out. Multi-family units not legal in AG zone. The case was dropped because they couldn't get his tenant to testify against him and Shayme had messed it up so bad.

Joan Conrow said...

The County Attorney is responsible for all of the dough spent to fight a law suit that everyone knew would be settled anyway.

Unless certain Council members were opposing a settlement in executive session, which kept the county in protracted litigation.

Anonymous said...

Joan- "Certain council members opposing a settlement"? This Council is a 5 against 2 council, always the same 5 and always the same 2. Methinks, that the 2 guys may have been out of whack on the Shay lawsuit, but these 2 are the only Council members who consistently stand up for the little guy, the old folks, the working man, a balanced budget and (great bags of politically incorrectness)--stand by THE LOCALS.
Of course, Jackpot, has been involved in every secret executive session for years discussing other "settlements/lawsuits" so he, as many did, had a fairly good expectation of a jackpot settlement being 250K to 500K.
Only in America.

Anonymous said...

Better hurry Tim you only have 30 days to update that financial disclosure form.


Anonymous said...

WHEN ARE YOU GONNA START THE DISCUSSION OF YOUR POTENTIAL NEW LAND BOARD MEMBER THAT IS UP FOR CONFIRMATION ON MONDAY 4/14?

Anonymous said...

With Shay no longer in office, the taxpayer will save hundreds of thousands in judgments, settlements and legal fees. Not to mention thousands of gallons of gas.

Anonymous said...

one of the first things a Haole should learn is to avoid the planning department.

Anonymous said...

Is there reason to believe Council members refused to settle this case earlier before so much money was wasted? If that is true, we need to know.

Anonymous said...

It used to be "don't surf Pakala".

Anonymous said...

There you have it. Mel's former mistress -er, the former PA was reckless in her actions and the courts / insurance companies agreed. Ross it's time for you to retire. You've shown your true colors.

Anonymous said...

I think we should just exempt all public officials from following the law. They're not going to do it anyway so why waste the money trying to make them? This is a "Do as I say, not as I do" island. Let's re-elect all of these corrupt officials because at least we'll know what they're going to do. No surprises. BTW - Has Bynum deceased his illegal operation? That's the big question.

Anonymous said...

So does Bynum now carry tacit approval of his illegal activity? If so, then it is now legal for all to have these rentals as the law is now unenforceable. Isn't it great when the people who create the laws think that they are not bound by them?

Anonymous said...

Is it legal to take the county car to go bar hopping?

Joan Conrow said...

Bynum sold that property. His damages were high in part because the S&S shenanigans screwed up one sale.

Anonymous said...

Joan, I suggest that you read the transcripts from Bynum's depositions. You may be surprised to find that Bynum lied regarding the sale of his house. I hope you will expose this case objectively for the people of Kauai. Like you did the TVR corruption. You have the ability to bring light to this fiasco, but are you willing? Take the personalities out of it. Just investigate the facts and report it. That would be appreciated. Thank you.

Joan Conrow said...

Now that the case is settled I look forward to perusing all the depositions and sharing them with readers. However, it is impossible to "take the personalities out of it," since it is at core about personalities. But I'm not a fan of any of them, so I'll give everyone equal scrutiny.

Anonymous said...

The whole thing stinks! $290,000? Makes me nauseated.

Anonymous said...

And $750,000 for lawyer fees? Even worse. It took that much to figure out the case should be settled?

Anonymous said...

It's early innings in the big game, so consider the $1+ million cost of Bynum’s violated rights a small down payment on the costs of 2491/960- an ill considered by-blow of its authors. If one doesn't have an appetite for more of this type of conjuring, November will provide an opportunity to get some relief. And since there's a motion to intervene and scheduling conference to be dealt with in Judge Kurren's court on Monday 14 April, there will be a tidbit for the lawyers to chew making the $75K appropriated so far a trifling pupu. Draw your own conclusions on the respective legal teams and potential costs of a loss (the plaintiff asked for costs).

7) CV 14-00014BMK
11:00
Syngenta Seeds, Inc., et al:
Attorneys:
Paul S. Alston Kenneth S. Robbins Claire Wong Black Margery S. Bronster Reck Y. Fujichaku Donna C. Marron John-Anderson L. Meyer
County of Kauai
Attorneys:
Paul H. Achitoff (Intervenor) George A. Kimbrell (pro hac vice) (Intervenor) Sylvia Shih-Yau Wu (pro hac vice) (Intervenor) Jesse J.T. Smith Troy J.H. Andrade
[24] Motion to Intervene; Rule 16 Scheduling Conference

Anonymous said...

"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."

Itʻs pitiful that we come to that as a justification.

Bynum stirred the pot and learned the ins and outs of getting settlements as a councilmember. He is a whiney baby and should not be in public office. Is this the best we can do?

Anonymous said...

Shaylene and her first deputy Jake were involved in Bynum's mickey mouse zoning case? What other prosecutor and first deputy would bother with a case that involved a rice cooker and refrigerator? And to have the judge kick her off the case? And to have the AG dismiss it?

Anonymous said...

The word local will be used much more than the words fairness or justice or skill in the next election. Ross is already giving us a preview.

Look for a full artillery of racial code words as people who are not qualified to have power try to hold on to it the only way they know.

Karen said...

I don't think it's been established that Bynum had an illegal rental. Can you clarify your statement, Joan?

I understood that the renting out of part of his house was okay- which it is. What was supposedly at issue, as I recall, was whether the rental unit had a kitchen- which would not have been okay. Miyake and Iseri-Carvalho claimed it was a "kitchen" because Miyake illegally took pics of a rice cooker on a counter, without permission to be on the property and without notification of an inspection.

As I further recall, Iseri-Carvalho frequently cited this issue as reason/rationale for Bynum to have to recuse himself - which, I believe he frequently did- whenever Iseri-Carvalho testified in front of the Council about the PA's Office. That was, in my opinion, a clear attempt to silence him because he had been critical of some of her purchases- remember all the PR "stuff" for the POHAKU program?

I also agree with Bynum's argument that the timing of Iseri-Carvalho's filing of the charges was done to negatively effect his re-election campaign.

I'm not a fan of either, but just because you are a County employee or a member of the Council, that doesn't mean you should roll over when something like this happens. I don't know all the details of the house sale, and will be interested in reading Joan's follow-up, as I do recall reading an article which Bynum said one potential sale fell through because the potential buyer spoke with the Planning Dept (Miyake?) and was told the rental was illegal-which it was not.

Joan Conrow said...

Tim's rental was not proven to be illegal, so I didn't use that phrase. I said Tim had an "improper" rental because it's my understanding it was being rented as a lock out unit, with separate entrance, which would make it a multi-family dwelling. And as someone noted above, that is not permitted in the ag district. Also, under the current definition in the CZO, a rice cooker does constitute a kitchen.

Anonymous said...

Tim owned ag land and never farmed a day. He's no different than most of the people living on ag. Just ask the real farmers.

Anonymous said...

Ross is no shay fan, he is good friend of her ex-husband. He ain't no Bynum fan, that is a fact.

Anonymous said...

Mel is more than a fan.