Musings: Antidote to Ugh

Awoke in darkness unsettled by dreams of another 9-11 type event, planes flying into buildings, not that it was even happening where I was, but reports of it were enough to send people around me into fear, panic, pandemonium, chaos.

Ugh....

Made the mistake of lying in bed and looking at Yahoo news headlines on my I-phone, so much of it tales of war, threats of war, Netanyahu beating the drums for war. And in the midst of it all was Defense Secretary Leon Panetta warning us to expect more turmoil in the Middle East, more conflict in Asia that could embroil the U.S. 

But don't worry, because we're telling them to solve their problems peacefully, not that we ever have, so just in case, we're building up militarily, we'll be ready with our guns and bombs, with the Osprey helicopters that Oahu and Kauai folks don't want, the Okinawans don't want, but we'll be getting them, anyway.

Ugh....

Down to the beach, seeking an antidote in sun shimmer and shifting sand, and then clouds blew in, and raindrops fell, well-spaced, but hard, bouncing off the still sea, thrilling me, and also soaking me, though I didn't care, because I was going in anyway, and when the sun came out again, I did, moving through and over the patterns formed by shafts of light penetrating clear water.

Pranayama, performed sitting on wet rocks steaming in the building heat, pushed the ugh factor down, but not completely out, and I was aware of a small grrrr remaining in me as the dogs and I piled back into the car, headed down the highway. I flipped on the radio, hoping it was time for New Dimensions, and thankfully, it was, with Barbara Marx Hubbard saying, as I rifled through my backpack for paper and pen, “We are at a place where we are aware of evolution and can affect it by our actions.”

So what will those actions be? War, or peace? Hate, or love? Evolution or extinction?

“Nature selects for species that can cooperate and adapt,” she adds, and I'm wondering if enough of us can, and are.

“While some people are getting reactive,” she says, “other people are wanting to connect.”

I sense this, I feel this, but it still seems fragmented, distant.

“The community of the awakening heart is connecting very rapidly on the Internet,” she says, and I want to believe, because the opposite is more hate, more violence, more ugh.

“The folks who are going to do this are not the president and vice president, but us,” she continues, and I know that to be true, because, as she goes on to say, “the farther up you are in the old pyramid system, the harder it is for you to effect change.”

Then she quotes a proverb: “Where there is no vision, the people perish.”

And as the grrr dissipates, I see, like the shimmering path cast by sun on sea, a vision of cooperation, respect, harmony, love for the mother, peace.

Musings: Begging For a Sell-Out

I spent a little time in my bee hives this morning, an activity that always gets me humming on the right vibration, especially when I see that they are healthy, happy and honeyed. There's something about being in the bee space that makes time stand still, banishes all extraneous thoughts. It's the ultimate bee here now experience. 

Returning to the human world, I learned the Planning Commission's subdivision committee voted to defer until Oct. 9 a request for an unprecedented eight-year extension of the permits to develop 2,029 acres of agricultural land at Kealia into gentlemen's estates.

Sixteen people spoke in favor of the extension — primarily people who stand to personally benefit from the developer's promise to build a poi mill, donate public park land and fix up the Kealia rodeo grounds.

It struck me that even though people typically bitch and moan about how elected officials and appointed boards sell us out, when it comes right down to it, you've always got some people who are literally begging for a sell-out, because it serves their personal interests.

We've seen it happen time and again: a developer co-opts some members of the community with small promised favors, and they in turn happily sell the rest of us down the river.

And so it is again with those who are all too happy to get in bed with the ag land speculators so they can score a poi mill or a rodeo ring or 14 acres for a park that the county will have to develop and maintain. 

Never mind that the land has already changed hands twice in the last five years and most likely will again once the valuable permit extensions are in hand. They want what they want, so they're willing to go speak in favor of 188 CPR “ag lots” that will be sold at prices no real farmer can afford.

Because they're so fixated on their own interests, they've lost sight of the bigger picture: the true cost of having 2,000 acres gentrified, and of setting precedents that other developers will demand.

What's really sad is our planning director and his staff recommended the Commission reject the extension request because it was such a bad deal for the county, for the community at large. After years of having us harp on them about stopping the endless extension of permits, they're finally stepping up and doing the right thing. They even urged the Commission to reject another extension request for a project near Kapaa Middle School that has somehow morphed from 55 farm lots into 700-plus homes.

But rather than applaud the staff for finally getting it, the self-servers say no, let it go, because we've been promised some goodies that are just too tempting to resist.

In another matter, but on the related topic of selling out, if you're at all interested in water issues, please check out my Honolulu Weekly article on the recent Supreme Court decision regarding the allocation of water from four streams on Maui. We have the laws in place, and the high court is willing to uphold them, but self-serving interests undermine the public trust, and the public good

Here's an excerpt:

Though the Commission [on Water Resource Management] was created to be the people’s champion in protecting water as a public trust resource, it has frequently sided with the corporate interests that divert streams, resulting in protracted court battles and repeated slap downs from the high court. Since CWRM’s inception in 1987, the Hawaii Supreme Court has reversed five Commission decisions–a higher rate of reversals than any other state agency.

Musings: Big Rewards

Going out into the pre-dawn darkness and looking up, my reward was a celestial pyramid, with Venus and Jupiter comprising the base and a gleaming sliver of moon the point. It's the 20^th anniversary of Iniki, the storm that changed my life by rewarding me with insight: material possessions are essentially meaningless, and significant joy can be found in simplicity.

A review of public records shows that Prosecutor Shaylene Iseri-Carvalho has given significant pay raises to deputy prosecutors who are supporting her re-election campaign.

The most substantial increase went to Charley Foster, who received a 45 percent pay hike within six weeks of starting work for the Office of Prosecuting Attorney. Foster, whose pay rose from $70,000 on Aug. 1 to the maximum allowable of $101,066 by Sept. 1, has devoted considerable space in his Planet Kauai blog to campaign-related issues and topics that reflect favorably upon his boss.

Lance Kobashigawa, an attorney who has been licensed to practice for about a year, gave $300 to Iseri-Carvalho's campaign and has a Shay bumper sticker on his car. Iseri-Carvalho increased his annual salary from $80,000 on Aug. 1 to $95,000 on Sept. 1, taking him to a higher pay rate than a deputy who has more experience and a heavier case load, but who has not engaged in any campaigning. 

Jared Auna, who has been licensed about two years and attended Shay's July fundraiser, was given a raise that took him from $85,000 to the maximum of $101,066 — the same pay earned by a prosecutor with two decades of experience.

Foster denied rumored reports that he'd gotten a hefty pay raise. On Sept. 3, Foster left a comment on his blog, in which he stated:

I do not make $100,000 a year and I have not received any raise, much less "a $30,000 raise." Nor have I received any information that I am to get such a raise. I can only hope the rumor mill is better informed than I am. If so, great!

However, county personnel records show that on Sept. 1, Foster was making $101,066.

Foster's blogging had dwindled to just one post in May 2012 and none in June and July. But in August, shortly after he began working for the OPA, he stepped up the pace and published 19 posts, 11 of them addressing campaign issues involving Iseri-Carvalho and the OPA.

His August posts included Solette Perry's endorsement of Iseri-Carvalho, criticisms of the County Attorney in regard to the POHAKU investigation, clarifications about the special counsel hired to represent OPA in the POHAKU controversy, reprint of an article referencing the POHAKU investigation as a “political vendetta,” criticisms of me for exposing misinformation perpetuated by Iseri-Carvalho, and a flawed legal defense of Special Counsel Gary Slovin's opinion about POHAKU procurements.

Foster also posted coverage on the Council debate over OPA's victim-witness grant application, photos of the “public safety” meetings staged by Iseri-Carvalho and Councilman Mel Rapozo and the prosecutor's debate, a reprint of an article criticizing the County Attorney's treatment of Iseri-Carvalho and a disparaging reference to the credibility of my later confirmed report that four EEOC claims against the OPA had been settled.

By September, Foster was making references to County Council members who are “inherently hostile” to his boss, He also vigorously argued Iseri-Carvalho's position on the EEOC complaint involving Erin Wilson, to the point of presenting false information and making snarky comments about Wilson's credibility. For example, he claimed in his post headline that the “EEOC found no reasonable cause to believe that discrimination occurred” in the Wilson case. In fact, the EEOC had referred the case to mediation before issuing any findings at all.

On Sept. 8, he published a post that offered the prosecutor's take on the county's $120,000 settlement of a racial harassment claim brought against Iseri-Carvalho by former deputy prosecutor Shannon Weigel.

The post included outright fawning, emphasis added:

Shay also denies ever suggesting anyone should “assimilate into the culture,” insisting first of all that the word is entirely foreign to her vocabulary (Shay expresses herself in a thick, earthy pidgin creole sprinkled when necessary with legal terms of art, which, in the interest of full disclosure, I confess I find very cool), and denies second that she harbors any opinion that anyone should assimilate in any case.

The post also misrepresented an email from a judge as raising concerns about a conflict of interest with Weigel and her then-boyfriend, an attorney seeking court assignments. In actuality, the judge was supportive of Weigel.

And in defense of Iseri-Carvalho's position that the EEOC settlements were part of an election year conspiracy against her, perpetrated by the County Attorney's office, Foster wrote:

Clause IV of the conciliation agreement, titled “Disclosure,” states:

“consent is hereby given and it is agreed that disclosure to the public of the terms and the agreement is explicitly permitted.”

This is the opposite of the venerable and usual non-disclosure clause in which parties agree to forego smack talk after the agreement is inked. Here, the county attorney “explicitly permitted” and, one assumes, intentionally invited the complainant to talk stink in the press about the OPA. The clause also gives the county attorney cover to do the stink talking he’s been indulging in the last few days at the OPA’s detriment in the press lately (see, e.g., the Civil Beat article linked above). 

In fact, it was Weigel who insisted upon the disclosure cause because she was adamant that the public and other county employees learn about the harassment she had experienced at the OPA.

Though the county Salary Commission sets the pay range for deputy prosecutors, the Prosecutor enjoys wide latitude in setting salaries for individual deputies.

Musings: Revisiting

I sensed light in the darkness and opened my eyes to see a golden wedge of waning moon rising through the trees. It was still out there, but higher and whiter, and escorted by the bright beacons of Jupiter and Venus, when I revisited it as the dogs and I went walking this morning.

It's not every day that the Planning Commission gets to revisit — and hopefully correct — a bad decision, but that day is coming tomorrow. That's when Kealanani — the Kealia “ag subdivision” across the highway from another enclave of gentlemen's estates, Kealia Kai — is asking for an unprecedented eight-year extension.

The developer not only failed to meet the five-year deadline for completing infrastructure, it hasn't done any construction at all. Now it wants more time. I was amused to see the reason listed in the planning staff report: “The delay has been attributed to the complexity and overall size of the project.”

While the project is no doubt large — they want to develop 2,000 acres into 188 CPR lots — it's been plagued with financing problems, including one foreclosure, and has changed hands twice in the past five years.

The developer also wants to substitute its existing surety bond for the project with an $18.4 million mortgage held by the County, prompting county planners to note that foreclosure and liquidation in the event of default could cost the County “substantial amounts of time and money.”

Yes, I know it's pretty cheeky to come to the County with a “deal” like this — a deal that could be withdrawn if the developer fails to prevail in its property tax appeal. But it's not surprising, considering the developer previously managed to convince ousted Planning Director Ian Costa, the Planning Commission and the state Land Use Commission that this was a “real” ag subdivision, as opposed to the usual gentlemen's estate.

Even the New York Times took that bait, running an article on how Kealanani was “preserving Kauai's rural heritage” because landowners would be required to actually farm their farm lots. But with parcels priced from $500,000 to $3 million back in 2007, it was obvious that farmers were not the targeted market.

Now the developer is also claiming that more time is needed to complete “community improvements,” including fixing up the Kealia rodeo site and donating it to a nonprofit, building a poi mill, fixing up Kealia Store and donating a 14.7-acre lot to the county for a sports park. However, the planning staff report says there's no guarantee that such “improvements” would actually be made.

Oh, and remember how the developer claimed it would build 100 units of affordable housing? According to the staff report, “No affordable housing units are proposed either in the original or modified proposal.”

The planning department is recommending that commissions deny the request for an extension, noting in the staff report, “Given the totality of considerations, the Department believes the Developer is engaging in land banking at the cost and high risk of County taxpayers.”

Gee, ya think? Can it be that county planners are finally wising up to developers' tricks? And I just about fell out of my chair when I read this part:

“The Department believes this project runs counter to the public desire for less residential development on ag lands, and the need for affordable housing.”

Amazing. The planning department is finally listening to us, and responding appropriately. The question now is whether the planning commission will go along and do the right thing — or sucker under yet again to a land speculator's shibai.

Oh, and I just can't resist this little political tidbit..... Justin Kollar won the most beautiful barong (shirt)  competition at Saturday's Kauai Filipino Women's Club Terno Ball, prompting his political opponent, Shaylene Iseri-Carvalho and her entourage to walk out in disgust, and resulting in this "politics makes strange bedfellows" photo. Yes, it seems Councilmen Mel Rapozo and KipuKai Kualii — both stanch Shay supporters — were first and second runner-ups, respectively. Councilman Dickie Chang was emcee. Justin is the one with the biggest trophy.

Musings: If It's the Last

Looking through screen, a spider web, at a backlit green mountain scene of sun shafts and westward floating clouds, and in the foreground, the papery white seed pods of African tulip trees falling like light snow as honey bees ping here and there.

We are well into September already, hurtling toward winter, days noticeably shorter, mornings markedly darker, afternoon light that distinctive deep gold. Summer, though that's technically what this still is, seemed brief this year.

But then, time seems accelerated, my sense of it is distorted.

And it's not just because I'm getting older, as I learned in a conversation with a 20-something woman who confided, “This year has flown by, at least for me, which is kind of freaky, especially if it's the last. I've really blown a lot of time if it's the last.”

Musings: Local by Injection

Prosecutor Shaylene Iseri-Carvalho's dirty laundry is finally being aired in the statewide mainstream media, with Honolulu newspapers and TV stations, Civil Beat and even The Garden Island covering the EEOC racism finding I reported yesterday.

Shay, in turn, is blaming it all on an election year conspiracy perpetrated by County Attorney Al Castillo.

I had a chance to chat yesterday afternoon with former deputy prosecuting attorney Shannon Weigel, who revealed what prompted her to file a complaint of racially-based harassment against Shay.

Things got off to a rocky start when Shannon and her then-boyfriend — both recent Boston law school graduates studying for the bar exam in Hawaii — were recruited by a former law school classmate to work in the Kauai Office of Prosecuting Attorney (OPA). They were both officially hired in 2009 and moved to Kauai to start work when Shay announced the boyfriend's position no longer existed and he would not have a job at the OPA after all.

Shannon did begin her new position, but said it “started to get a little weird” when Shay “started making comments about me being a haole. She said I needed to show I was serious about being assimilated into the Hawaiian culture.”

Shannon says that Shay got more direct at an OPA party, telling Shannon and another white attorney from the mainland that “we needed to be more like my friend [the law school classmate], who was dating a local boy. She said it looked better to the community if we had these inter-racial relationships, instead of like haoles from the mainland. That was kind of weird."

After that, Shannon says she rarely saw or spoke to Shay, who was frequently out of the office. “My case load was so high because we were so short-staffed that I was working 70 to 80 hours a week and coming in on Sundays. She never talked to me, never cared what I was doing. When I did see her, she was always making rude comments, like before an office potluck, she asked me what I was going to bring, was it going to be mainland food, or some edible Hawaiian food.

“It was very discouraging working for someone who made these kinds of comments and couldn't care less for you, even though you were working hard. I had no support and no training.”

[As an aside, Shay apparently spent much of the OPA training budget to finance her own extensive travels on the job. I'll be delving into her travel expenditures in a future post.]

Meanwhile, Shannon's boyfriend was struggling to find steady legal work on Kauai. He was doing contract work for private attorneys and got two cases through court appointments, Shannon says, “but Shay fought this. She didn't want him to have any other cases on the island.” The boyfriend even volunteered at the OPA in hopes of getting a job, but Shay put a stop to that after a week or so.

Shannon says that Shay finally sent an email to the attorney friend who had recruited her, saying “Shannon has to figure this out: either break up with her boyfriend or quit. That was the ultimatum she gave to me in early February. She said it would be a conflict if I was working there and he [the boyfriend] was taking any cases on Kauai.”

In the email, Shay said the issue needed to decided that day and scheduled a meeting for noon, but kept pushing it back until the end of the day, Shannon says. During the hour-long meeting, Shannon and her friend went through every possible scenario, trying to get Shay to explain how the relationship constituted a conflict.

“But she wasn't going for it," Shannon says. "For her, it was my way or the highway. I told her I felt she'd singled us out. The judges didn't have a problem with us, other attorneys didn't have a problem with us. There are so many people [in the judiciary] who are related to one another, dating, married. It's very common in this small community. But she never changed her mind about anything. So I left the office that day. It was really upsetting.”

“I was totally bewildered by the whole thing. I was thinking, I can't believe this lady is doing this to me. It's so wrong on so many levels. I don't know what I did to her. I liked it there and got along with everyone else. I was told I was doing a good job. It was definitely something she had against the guy I was dating. There weren't that many Caucasians working there at the time and they all had issues with her, so it's definitely a pattern.”

Unable to find work on Kauai, and with Shay fighting her unemployment claim, Shannon moved to her home state of Colorado, where she had to study for and pass another bar exam. She said it was difficult applying for jobs because she had no reference from Shay and it was awkward to explain the circumstances that led to her leaving her previous post.

“I wanted to be a career prosecutor,” Shannon says. “It was really hard for me from the time I left that office to where I am now. It took 14 months for me to get a job.”  She and her boyfriend, who remained on Kauai, also broke up.

Shannon says she initially “thought of letting it go and moving on, but maybe because I went to law school, I have this whole principle thing going on. That was just really wrong what she did. She shouldn't be allowed to do that to anyone else. And she's never held accountable for it? I wanted something to be done so it wouldn't happen again, or at least so it would be deterred. Of all people, that's someone who should not be acting that way. ”

Shannon says it took two years for the case to be resolved. “Shay declined mediation in my case so they [EEOC] kept the investigation open. I didn't know if it was going to go anywhere, but then they [EEOC] made the finding [of cause] two months ago, and after that, the county was eager to settle."

Shannon negotiated for a settlement of $120,000.  "I'm sure I could have gotten more if I'd filed a civil suit, but it wasn't about the money. I wanted her [Shay] to be held responsible, finally, or show a little remorse at least. Maybe through these [EEOC training] classes the county has to go through it will increase a little awareness.”

When asked if she'd gotten an apology from Shay, Shannon laughed.

“God, no. Absolutely no. She fought it every step of the way, denying it, saying I was fired for talking back to her or something. I just wish she would stop treating people that way. That was the main reason I filed this complaint. She never thinks she's ever in the wrong.”

Musings: Racial Harassment at OPA

I'm not sure which is best: a bouncing welcome home from my two dogs, sleeping on clean sheets in my own bed or watching the web of lies and distortion spun by Kauai Prosecutor Shaylene Iseri-Carvalho and her supporters continue to unravel.

Yup, we've got another report of racial harassment, and this time it's coming straight from the federal Equal Employment Opportunity Commission (EEOC). The agency issued a press release this morning that states “Kauai County will pay $120,000 to settle a federal charge of race harassment.”

The charge was filed in 2010 by Shannon M. Weigel, a white woman who was formerly employed as a deputy prosecuting attorney in the Office of Prosecuting Attorney (OPA). According to the EEOC release, Shannon “alleged that she was harassed due to her race by a top-level manager. The manager allegedly made continually disparaging comments to the former attorney, saying that she needed to assimilate more into the local culture and break up with her boyfriend at the time, also white, in favor of a local boy.”

The “top-level manager” was Shay herself, who allegedly told Shannon that she was never going to get ahead here on Kauai so long as she had a haole boyfriend. And the way it works is that when top managers behave badly, the county — as in the taxpayers — pay the price. So far, as I've previously reported, the county has paid out $223,000 in EEOC claims against Shay and the OPA.

The press release goes on to state (emphasis added):

The EEOC ultimately found reasonable cause to believe that the county violated Title VII of the Civil Rights Act of 1964 for the harassment to which the former attorney was subjected. Following the determination, the County of Kauai entered into an over two-year conciliation agreement with the EEOC and the alleged victim. The agreement effectively settles the case administratively, thereby avoiding potential litigation. Aside from the monetary relief, the county agreed to establish policies and complaint procedures dealing with discrimination and harassment in the workplace and to provide live EEO training to all managers and supervisors. The county further agreed to post notices on the matter on all bulletin boards throughout the county and to permit the disclosure of the settlement.

"The workplace is no place for derogatory remarks pertaining to race or any other protected basis, and it is important for an employer to take immediate corrective action when faced with illegal harassment," said Timothy Riera, director of the EEOC's Honolulu Local Office. "We commend the County of Kauai for expeditiously resolving this matter and agreeing to measures which will prevent and deal with both harassment and discrimination on the job."

So how is the Shay team — especially her taxpayer-funded junior deputy blogger — gonna spin this one? They, and he, can't dismiss it, like they did Erin Wilson's settlement, by claiming no reasonable cause of discrimination was found. Because in this case, the EEOC actually did do an investigation and did find reasonable cause.

Surely they can't claim, at least, not with any credibility, that the EEOC is also in on a conspiracy to settle these cases to discredit Shay right before the election.

And Shay and her top deputy, Jake Delaplane, can't possibly continue to play dumb and pretend that they knew nothing about any of this until Justin Kollar revealed it during the recent prosecutorial debate. I mean, the county was in discussion on Shannon's case for over two years, and Jake himself attended the Honolulu mediation sessions in Erin's case.

Actually, what Shay and Jake have contended is they didn't know the dollar amount of the settlements. So what? They still knew that the office they manage had received four EEOC complaints. And that's significant, when you consider that all the other county departments combined got just two such complaints in the same four-year period.

At any rate, I'll have more details on this case in tomorrow's post. And I sure hope The Garden Island, which has just a tiny wire service report on this today, digs a little deeper and doesn't sweep it under the rug or let Jake lie and spin, like it did with the Erin Wilson story.

Speaking of lying and spinning, I wonder how Shay is doing on that “full and fair investigation” she promised during the debate into the $1 million supposedly missing from the county, now that even her two supporters on the Council approved a bill settling up the accounting discrepancy.

Musings: Public Lands and Money

Lots of folks are buzzing about the meeting of the Public Land Development Corp. — an agency created to spur private development of public lands — set for 6 p.m. tomorrow at Wilcox School.

Though the meeting is technically about approving the rules that will govern the new agency, which has tremendous power to circumvent existing regulatory processes, people are taking advantage of the meeting to express disapproval of the entire concept.

One group is circulating a petition asking Gov. Abercrombie and the state Legislature to repeal Act 55, which created the agency.

A lot of folks seem unclear about what the PLDC is, and what these statewide meetings are about. If you're looking for some background, here's a link to an article I did last year, as the agency was becoming established:

Donna Wong, director of Hawaii's Thousand Friends: [I]t’s clear the intent of Act 55 is to cut through all red tape.”

And that includes exempting private developments pursued under the PLDC from state and county land use designations, zoning ordinances and building codes, including the need for general contractors.

[Arnie] Saiki and others are also concerned about how PLDC activities might affect the so-called “ceded” lands–thousands of acres transferred into US control following the 1893 illegal overthrow of the Hawaiian monarchy.

“Land that the [Hawaii] Supreme Court said cannot be sold will be up for these long-term leases and sweetheart deals,” Townsend says. “That seems really immoral to me.”

As I blogged last year:

The bill passed with very little public attention, but I wasn't concerned until I watched the video of the legislative briefing held by Sens. Malama Solomon and Donovan Dela Cruz, who spearheaded the bill. They were pretty much licking their chops as they spoke about using the PLDC to create density around high-speed rail stations and spark the development of state harbors, rural areas and geothermal energy. It became clear that they, and likely other lawmakers and their developer cronies, have their pet projects that will be pushed right through.

And here's a link to a piece I wrote last week for Honolulu Weekly on the current round of public meetings about PLDC rules (click on the links to draft rule documents):

Under the draft rules, the PLDC would be allowed to “optimize and develop projects” either on its own, or with a private developer. Eligible projects include those that “make optimal use of public land,” generating “a consistent and sustainable source of revenue for the State.”

Counties may be required to pay for infrastructure associated with PLDC projects, under the rules.

In other news, The Garden Island today has a story on Erin Wilson's EEOC settlement from the county, which includes Jake Delaplane, first deputy prosecutor, claiming that Erin's press release “contained inaccuracies and lies.”

Jake then goes on to reiterate the same statement that his boss, Prosecutor Shaylene Iseri-Carvalho, told Civil Beat: “Despite our numerous requests, the County Attorney’s Office has failed to provide the OPA with any information regarding monetary settlements,” he said.

Both Shay and Jake also claimed the first they'd heard of the settlement totals was when Justin Kollar mentioned them during last week's debate.

So I asked County spokeswoman Beth Tokioka whether that was true, and got this response:

Department Heads are notified of EEOC complaints, any investigations, and ultimately if and when a settlement is reached. The departments are then notified of  the terms and conditions of any settlements once they are finalized, and any corrective or remedial actions required of the department(s).  Please note that not all pending EEOC settlements against the Prosecutor’s Office have been finalized.

Erin's settlement is finalized, so Shay and Jake were told about it, even though they are claiming they were not. They also were told of the settlements given to two other women in their office. Another EEOC complaint against OPA involving racial discrimination has not been finalized, although the settlement amount has been determined.

I also asked Beth just how many EEOC complaints have been made against the county in the past four years and how much they have cost the county.

I learned there have been a total of six complaints made in that time period, for a settlement total of $548,000. The settlements were paid from the general fund, not insurance, so the county's premiums were not affected.

We already know four of the complaints involved the Office of Prosecuting Attorney (OPA), for a total of $223,000. Though Beth said terms of the settlements precluded her from revealing more information, I previously learned the other two settlements involved the Planning Department and County Clerk/Council Services, for a total of $325,000.

So of the 19 county agencies, 16 have managed to avoid any EEOC complaints, two have gotten one each and the OPA — has gotten four. All of the complaints were filed by women.

I also asked for comment on the Jake/Shay statement that the county is settling these claims to make OPA look bad instead of taking them to court, and got this statement from Beth:

Each complaint is reviewed and assessed on a case by case basis, with the appropriate action taken given the particular set of facts and circumstances.  EEOC complaints are not law suits, and as such are not resolved in the courts.

Racial Discrimination in Kauai OPA

Erin Wilson, a victim witness counselor who was fired last November by Kauai Prosecutor Shaylene Iseri-Carvalho, was given a $75,000 payment to settle claims of racial discrimination.

Wilson's is one of two EEOC complaints involving racial discrimination by Iseri-Carvalho and the Kauai Office of the Prosecuting Attorney (OPA).

In her complaint to the Equal Employment Opportunity Commission, Wilson alleged that the real reason for her layoff was racial discrimination by Iseri-Carvalho, according to a press release that Wilson distributed to media today.

Wilson also alleged in her EEOC complaint that she was subjected to harassment through emails from the OPA administration, offensive posters that were openly displayed in the OPA office and anti-Caucasian comments made by an OPA co-worker.

As previously reported in this blog, Wilson moved from Colorado to take a new, federally-funded position as victim witness counselor with the OPA in August 2011. Iseri-Carvalho fired her four months later, claiming there was insufficient work.

Iseri-Carvalho recently came before the County Council seeking approval to apply for grant funding to support the victim witness program, citing the high demand for services.

The press release states:

After being notified of her impending layoff, Wilson received an email from Police Chief Darryl Perry, acknowledging her “hard work” and being “an asset to KPD in assisting victims” and that her impending layoff was “wrong.”

Perry has since politically aligned himself with Iseri-Carvalho, although he has not formally endorsed her re-election bid.

Although the Kauai County Employee Handbook requires 90 days' notice, Iseri-Carvalho gave Wilson just two weeks notice, according to the release. Her employment ended the day before Thanksgiving.

The release also states that Wilson believes part of the reason she was terminated is that she was seen with Justin Kollar, Iseri-Carvalho's political opponent, during a dinner with mutual friends. 

Shortly after she was laid off, Wilson returned to Colorado. Wilson had to relocate her six- year-old son to Kauai and then back to Colorado during the school year, the release states.

Wilson is one of 28 employees to have left OPA since Iseri-Carvalho took office in December 2008, according to the release.

The Kauai County Council approved the settlement in June. Wilson was represented by former state Attorney General Margery Bronster and Honolulu attorney Andrew Pepper. HGEA representative Dale Shimomura also assisted Wilson in her claim.

Wednesday morning update: Civil Beat has an article today reiterating the EEOC claims story I reported Sunday, for those of you who were seeking more "proof." But still nothing in The Garden Island.

Note: Personal attacks on Erin will not be allowed in comments.

Musings: EEOC Settlements Confirmed

The sky was all aglow — pink — and I was all agog, first at the tall-as-a-German Shepherd, but heftier, black pig casually meandering across the road and then at the rainbow arching out of a rosy cloud crown atop Makaleha, both of which made me stop and say, “wow!” when the dogs and I went walking this morning.

Here's a little wow for you readers: I've confirmed that the County of Kauai has settled four Equal Employment Opportunity Commission (EEOC) complaints against Shaylene Iseri-Carvalho and the Office of Prosecuting Attorney. The settlements total $223,000. All four complaints were brought by women who are current or former employees of the OPA.

In one claim, the EEOC determined there was reasonable cause to believe that harassment based on race had occurred.

In addition to the money, the settlements require the county and OPA to take additional actions, including:

• Posting a notice to employees in OPA that discrimination had occurred and what actions to take should future acts of harassment or discrimination occur. 

• Special EEOC-approved training regarding harassment and discrimination must be given to the managers, supervisors, and employees of the OPA.

• All County supervisors and managers will receive anti-discrimination and harassment training that is approved by the EEOC.

• Offensive materials must be removed from display in the OPA. The posters were left up even after an employee informed Shaylene that she found them offensive and inappropriate. 

Here is one of the posters, and here is the other. I wasn't able to rotate the PDF document, so for ease of reading, here's what it says:

The next time you're having a bad day, imagine this: you're a Siamese twin. Your brother, attached at your shoulder, is gay. You're not. He has a date coming over tonight. You only have one ass.  

Lovely. Homophobia, anyone?  

Someone left a disgusting “blame the victims” comment on a recent post:

And the fact that word is out on what an easy tap this county is for a sue job; there could have been some mamby pamby newbie lawyers at OPA that saw a suit in some little thing that most normal employees would have shrugged off...because they realized they were too incompetent to continue a career as lawyer. 

But hey why not take some free easy money instead of going to work everyday. Got to remember, if these were attorneys they were out for a buck and had to pal-up to make their charges stronger.

I am not defending Shaylene cause I do not know the particulars but I smell a rat. How come this never happened before?

For starters, only one of those who filed a complaint was an attorney. Secondly, the law exists to protect people so they don't have to “shrug off” discriminatory treatment, like getting fired because they're pregnant. Thirdly, it's not like you can just go to the EEOC and whine and they'll hand out cash.

An extensive investigation occurs, and harassment must be documented. Before any claim proceeds to a settlement discussion, the EEOC has already issued a “cause finding,” or in other words, verified that the complaints are true and discrimination and/or harassment has occurred.

Here's a legal blurb that gives you a sense of the process.

As many employers have learned the hard way, the Equal Employment Opportunity Commission (“EEOC”) has the ability to investigate claims made by an employee in a Charge of Discrimination, and issue a “cause finding” in a Letter of Determination.  A “cause finding” is the EEOC’s written determination that unlawful discrimination has occurred in the workplace.  Inevitably, after such a finding, the current or former employee will hire an attorney and file a lawsuit against the employer seeking monetary damages for the alleged discrimination.  And, when discrimination cases go to trial, the EEOC’s findings are often seen and read by the jury.  Because of this, EEOC cause findings sometimes lead employers to settle cases they otherwise would defend because of the potential effect the finding of “cause” might later have on a jury.  After all, it can’t help an employer’s case when the federal government has sided with the employee by issuing a Letter of Determination explaining that, after a full investigation, a determination has been made that “cause exists” to believe that the employer violated one of the laws protecting an employee’s civil rights.

As for why this hasn't happened before, I don't know. Must be something about the management style of the prosecutor. Seems to me that since Shay's made a big deal about being the first woman to be elected prosecutor in the state, she should be last one who is discriminating against other women. And as prosecutor – the top law enforcement official in the county – she should certainly know the federal EEOC laws. 

Musings: Rising Tide

The Garden Island today had an article about something that many of us who live on the windward side have been noticing for months: the ocean is coming closer and closer to the road at Wailua Beach.

The sea's advancement calls into question the wisdom of Mayor Bernard Carvalho's decision to locate the Path right on the beach. It's clear, given the current conditions, that there is insufficient width to construct the Path on the sand and ensure there's still some beach left for the public.

Though one expert says the long-term trend at that beach is toward accretion, even episodic erosion could jeopardize not only the Path, but the beach itself by interfering with the natural movement of the sand.

Now's the time for the mayor and the Path people to return to the drawing board and figure out another route. While the late Bryan Baptiste thought it would be cool to ring the island with recreational cement, current events associated with global warming show that to be a foolhardy concept.

Consider the new piece in Rolling Stone about how ice is Greenland is quickly melting:

The rapid loss of ice is only the latest in a chain of events that have upended conventional understanding of how the Earth's "cryosphere" – its frozen places – behave. Taken together, the events offer new insight into how fast the world's seas are likely to rise as a result of global warming...

"When I took my first course in glaciology," [Byrd Polar Research Center scientist] JasonBox says, "conventional thought had the reaction time of the ice sheets to heating on the order of 10,000 years."

But in a series of scientific epiphanies beginning in 2002, researchers using GPS have found that melting on the ice's surface can cause large sections of the ice sheet to break free of its moorings in hours, not millennia. In 2006, scientists discovered that ice was suddenly pouring into the ocean at twice the rate previously measured, spurred by a pulse of warm ocean temperatures that undercut the glaciers from below.

What's more, the ice sheet darkens as it melts, which works to further accelerate the melting.

Box had conservatively predicted that it might take up to a decade before the surface of Greenland's ice sheet melted all at once. That it actually happened in just a few weeks only underscores how consistently cautious ice scientists have been in forecasting the threat posed by global warming. Now, however, that caution is being replaced by well-founded alarm. "Greenland is a sleeping giant that's waking," says Box. "In this new climate, the ice sheet is going to keep shrinking – the only question is how fast."

And melting ice means rising seas – seas that in all likelihood are going to rise faster than scientists have predicted and cause more severe coastal flooding  much sooner than expected. It's time to stop pouring millions into shoreline infrastructure and start moving it mauka. 

Musings: Debatable

I would have liked to have attended tonight's debate between Prosecutor Shaylene Iseri-Carvalho and challenger Justin Kollar. Except my sister had just arrived after 15 hours of travel, and I wasn't gonna subject her to that.

But since she's a political junkie, I filled her in on everything that's been happening with Shay as I made dinner and waited to hear the debate on the radio. She responded with wide eyes, small gasps and exclamations of “what?” and “you're kidding!” before ending with, “On what possible leg could this woman stand other than she's a local?”

Shay apparently agrees that's her biggest selling point, too, because when the debate came on the radio, Shay started with, “I was born here.” Justin, on the other hand, led with, “I'll repair damaged relationships.”

As the debate progressed, I really had to wonder who came up with some of the questions, like the one about perjury, and another on what's your stand on public intoxication? Ahem.....

Then there was the question about violations of the county charter — you know, like the ones the Office of Prosecuting Attorney is being investigated for — with Justin saying it could be a misdemeanor in some instances. Shay, on the other hand, came out swinging, saying she'd gotten a complaint about the $1 million that is reportedly missing from the budget and vowed, “We will do a full and fair investigation.” No doubt. Anything to get the spotlight off her own misdeeds and jab her enemy the mayor at the same time.

Speaking of misdeeds, Justin mentioned a couple of times how Shay's management style has cost the county “hundreds of thousands of dollars” in settlements to former employees she has “mistreated, maltreated and abused.” He said there have been “an unprecedented number of claims against the prosecutor” — I know of four that were settled — and that would not be the case under his administration.

Justin also dropped a bombshell about how this was likely the first time ever that federal Equal Employment Opportunity Commission investigators have come in and made findings about racial harassment in the OPA. Oh, really? Can't wait to learn more about that.

Justin kept hammering home the point that turnover in the OPA is running 150 percent — four times higher than any other county in the state, and a rate previously unheard of on Kauai. He said turnover is hampering OPA's ability to do its job. As an example, it has pretty much abandoned prosecuting drunk drivers and instead plea bargains those cases. Shay responded by saying those were “low-level cases” and she was busy with capital cases, as in murders.

“Do you have a lot of capital cases?” my sister asked. “No, I replied, “because the cops so rarely can solve them or make an arrest.”

Justin made the point that “we've never seen another term of office that's been so riddled with conflicts [of interest] or had more recusals.” Shay, however, claimed her office hadn't been forced off the Lara Butler Brady horse abuse case. Yeah, that's technically true, but the OPA only withdrew because it knew it otherwise would be yanked off.

If I'd been there, I might've had to yell out, or least mutter, “bullshit,” when I heard Shay's response to a question about prosecuting illegal transient vacation rentals. She claimed that these issues had to be referred from planning and said, “It's quite unfortunate that since we prosecuted a Councilman we have received almost no referrals from planning... and zero vacation rental violations.” As I've reported previously, based on conversations with Planning Director Mike Dahilig, OPA can go after any zoning issue it wants. It does not have to wait for a referral from planning. 

Heck, she went after Councilman Tim Bynum, and his zoning case was never referred from planning. Instead, Shay nosed around after seeing a police report filed by someone staying at his house. Plus I recall First Deputy Jake Delaplane telling me the OPA was going after TVR owners on ag lands, and had filed zoning violation charges against numerous other landowners when Tim was charged. But even though Jake  promised he'd get more details, he never did.

Shay also bragged that she's been working to narrow the definition of who is eligible for medical marijuana, claiming “97 percent of medical marijuana users do not suffer a debilitating condition.” Justin's reply was, “I'm uncomfortable putting the state between a patient and his physician.”

They both agreed it should be a crime to block a public access, with Justin pointing out Shay had gotten contributions from the big landowners, but he was beholden to no one.

Shay threw out a lot of swell-sounding statistics, but Justin countered that statistics “don't do anything to keep a community safe.” He said that three-quarters of all cases are settled through plea bargains, but Shay still counts them as convictions. “I don't think people in the community feel like we're getting 99 percent of the bad guys off the street.”

My sister and I agreed both candidates sounded confident. She thought Shay sounded defensive, but Justin had a less-pleasing voice. I thought Justin got some good points in, and Shay held her own well. 

Still, as I listened to Shay talk about the need to prevent bullying and harassment, I couldn't help but think of the employees who successfully settled harassment claims against her. When she talked about hate crimes, I wondered, so what, other than hate, motivated you to go after Tim? And when she said the “hate and mistruths” started by her opponent should stop, I flashed on her supporters calling me a bitch and evil and wishing I'd get a bleeding ulcer as they all the while madly spun their version of the truth.

But when she said, “You need someone who can stand up strong and be pono,” I had to agree. That's exactly what we need. And maybe one of these days we'll get him or her.

Oh, Shay, and since you're so into “honesty, openness and transparency” – could you please give me those public records I asked for, the ones that Office of Information Practices directed you to turn over no later than this past Monday, the ones that would tell us how you paid for all the POHAKU paraphernalia? 

Musings: Chew On It

Tired, left ankle hurting, I nonetheless went out into the splendid fresh cool of last evening to view the sky as a crescent moon was slipping down toward the mountains. The golden sliver illuminated the shadowed whole, offering a reminder that it doesn't take much light to expose the darkness. Directly above the moon, Mars, Saturn and a star in the constellation Virgo came together to form a perfect upside down triangle. While marveling at this, a meteor shot across the heavens, from south to north, leaving behind a thick white streak that dissipated with a visual sizzle and from me, an audible ahhhhh.

I lingered a while longer, and thought, yes, if you just make the effort to go outside and look, you will always be rewarded.

So strange, that in today's world we have to remember to check out the sky, the primary source of inspiration, direction, guidance, awe and spiritual sustenance for humans since we walked the planet.

And so strange the way we've abandoned the fundamental premise that food is sacred. I was thinking about that today when reading an article about yet another disgustingly inhumane slaughterhouse exposed by a worker's video.

I mean, just compare the kanaka maoli, with a creation story that involves that dietary staple kalo (taro), to the average American, whose diet is comprised primary of tortured animals, and highly-processed, genetically-engineered and pesticide-sprayed grains and produce.

Oh, and since we're on the topic of pesticides, consider these new scientific findings on chlorpyrifos, one of the most widely used insecticides in agriculture:

[E]vidence in MRI scans that even low to moderate levels of exposure during pregnancy may lead to long-term, potentially irreversible changes in the brain. Boys appear to be more vulnerable than girls; lower IQs seen in boys exposed in the womb to comparable amounts of the chemical.

Great. Just what we need: more stupid men.

Meanwhile, a new report by Natural Resources Defense Council shows that America wastes about 40 percent of all edible food, and much of it is tossed by consumers. In a world of diminishing natural resources, and starving people, can we really sustain excesses like this?

The U.S. Department of Agriculture reports that a typical American throws out 40 percent of fresh fish, 23 percent of eggs, and 20 percent of milk. Consider these cost estimates of all the food that never gets eaten in the U.S., and imagine just how much we can save by wasting less food:

• 25 percent of all freshwater used in U.S.
• 4 percent of total U.S. oil consumption
• $165 billion per year (more than $40 billion from households)
• $750 million per year just to dispose of the food
• 33 million tons of landfill waste

Imagine. Reducing food waste is one way to make a significant environmental difference and advance sustainability that doesn't — you'll love this part —  require any personal sacrifice!

Meanwhile, Americans are also getting fatter and more sedentary:

The United States accounts for 5 percent of the world’s population, but about 33 percent of the weight from obesity.

Compare that with Asia, which has 61 percent of the population, but only 13 percent of the weight from obesity.

Another recent global study found that 40 percent of Americans get little or no physical activity, ranking us among the most lazy people on Earth.

As the adage goes, you are what you eat, and your food choices have planetary consequences. There's never been a better time to get fully conscious about what you're eating.