BuyMyShitPile

With our economy in crisis, the US Government is scrambling to rescue our banks by purchasing their "distressed assets", i.e., assets that no one else wants to buy from them. We figured that instead of protesting this plan, we'd give regular Americans the same opportunity to sell their bad assets to the government. We need your help and you need the Government's help!

Use the form below to submit bad assets you'd like the government to take off your hands. And remember, when estimating the value of your 1997 limited edition Hanson single CD "MMMbop", it's not what you can sell these items for that matters, it's what you think they are worth. The fact that you think they are worth more than anyone will buy them for is what makes them bad assets.

buymyshitpile.com

All the Kings horses & all the King's men

All the Kings horses & all the King's men can't put Humpty Dumpty together again. The multi-equilibria catastrophe theory has come home to roost and gone into practice. Is system failure just around the beforder. Don't forget to remember that the size of the pie never changes, but how its sliced does.

KPD Blue: Truth puts on its shoes

I have read Tony's book and while his framing of events in racist terms, in my opinion misses the mark, and there are some minor factual errors it is on the whole more accurate than say typical reporting in most dailies. The real issue is insular corruption by the power structure. Many insular communities, like the rural southern community I grew up in, can and do display this level of corruption, and the power structures racial makeup is entirely different (which is to say white). The race of the power structure is historical artifact, and not the driver of corruption.

As to why Tony wrote it -- that should be self evident. Tony was ridden out of town on a rail for basically doing his job. As a consequence of a reporter becoming (an unwilling) part of the story, charges of "vendetta" can dismiss the truth of the tale being told. Corruption is still in full bloom today, but largely dismissed as understandable as evidenced by this quote from Joan Conrow's blog "...not because the cops were necessarily crooked or bad, but hesitant to bust anyone who was a relative or a friend." Excuse me! Isn't that the definition of corruption: differential treatment under the law based upon affiliation?

Tony had to rely primarily on Court records, because of County of Kauai secrecy that is still a HUGE problem as we speak, and many individual bad actors then, are in positions of power NOW. These problems are still with us manifesting themselves in a variety of ways and will not begin to be addressed by putting these events in the past tense creating the illusion that it is old news and filing it under again quoting Joan's blog, "dredging up the stinky muck one more time for those who perhaps never knew the details or, like me, prefer to have forgotten."

"Those who forget the past are doomed to repeat it" while perhaps a trite shopworn phrase is still salient in the lives of Kauai citizens. There are years of executive session minutes still not released by the COK who is frightening tooth and nail to keep it that way. Both the Board of Ethics and Police Commission remain dysfunctional (and that's putting it kindly). KOC has and continues to spend hundreds of thousands of dollars hiring outside attorneys to lose cases defending bad county actors.

Last election the COK council displayed an unbelievable abuse of political power by manufacturing a "tampering with a government document" conspiracy to attack a political opponent running for County Council (former police chief K.C. Lum) using what everyone knew was a sheet-feed error. Lum's house was raided right before the election. Think that played an role in his loss? Duh! After a six month investigation -- guess what? It was a sheet feed error. When the council hatched the conspiracy theory they demanded an apology from "members of the community that were trying to make the county look bad," but not a word of apology from the council members that concocted their lunatic conspiracy for their self-serving political gain. Talk about vendetta!

COK is more secretive today than ever and relies on Mark Twain's astute observation, "A lie can travel half way around the world while the truth is putting on its shoes." KPD Blue put shoes on the truth which now must fight for relevancy amid the propaganda spin of "why dredge up ancient history", "lets put it behind us" and, "its much better now." Such propaganda is blowing smoke to obscure the ongoing corruption occurring in real-time before our very eyes.

Green Jobs: Selling Chopsticks to the Chinese

Selling Koa chopsticks to the Chinese was an example of the green jobs advocated by candidate for Kauai County mayor Joanne Yukimura. As a visual aid she displayed a set of Koa chopsticks she said she purchased 20 yeas ago and took with her everywhere so she didn't have to use the petroleum based plastic spoons, and forks which are environmental unfriendly and become non-decomposable landfill fodder.

Is it this sort of thinking the will provide Kauai the green jobs for a sustainable future? While I applaud Joanne's chopstick toting sensitivity and her taking individual action to reduce the waste stream, is selling Koa chopsticks to Chinese consumers a viable plan or indicate a fundamental flaw in logic?

Koa is a beautiful slow growing prized wood while bamboo is a fast growing grass traditionally used to make chopsticks. As chopsticks either would serve equally well in terms of functionality and durability if properly cared for. Koa chopsticks are a luxury or a value added item with the value added being the status of the possessor of a pair of Koa chopsticks.

The annual income of the average Chinese citizen would no doubt limit the ability of the majority to afford Koa chopsticks limiting the sale of Koa chopsticks to the upper crust of Chinese society.

I also have a twenty year old pair of Koa chopsticks given to me as a gift by one of Kauai's master furniture makers. He made fine Koa furniture and the Koa chopsticks were made from scrap left over from the furniture making process. I value the chopsticks not for any status they may impart, but rather the beauty of the wood and the memory of the maker.

If one is looking for green jobs perhaps one should consider bamboo. From chopsticks to furniture, from charcoal to construction materials bamboo so fast growing it is termed invasive, but invasive is not a bad word if one can use all one can get. Prolific is a better descriptor. Given the price of shipping a furniture, arts, and construction industry based on bamboo could fulfill the needs of a local market right here in Kauai. Two Thousand acres of sub marginal sugarcane land planted in bamboo could provide a plant to produce 1/8", 1/2", 3/4", or 5/8" 4x8 ft epoxy laminated bamboo sheets for a homegrown construction industry.

Nothing wrong with Koa chopsticks but my hope is people will have a larger vision of green jobs for Kauai. A vision that will have more substance and solve more pressing problems facing us right here on Kauai than selling designer Koa chopsticks to Chinese consumers.

Assimilate This!

The whole problem of assimilation into the status quo is structural in nature and is imposed by the elite special interests who are supported by the legal system that enforces the structural integrity of the prevailing system which increasingly serve an ever shrinking number of super elite.

Take a square frame and pour equally sized marbles into that frame. The result will always be a pyramid. The un-assimilated marbles will be bounced out of the system. Using different marbles or different sized marbles, or a different number of marbles (well you need at least 5) or a different sized square frame will not alter the final result.

Until the shape of the frame itself is changed the result will always be the same, a pyramid.

Changing the frame is a radical (change from the root) and fundamental one, and apparently the only solution. To radically change the shape of the frame the system itself must become increasingly unstable with a lot of marbles bounced out of the system.

The increasing number of bounced marbles has created the recent resurgence of anarchism whose successes are in large part to technological innovation (internet,cell phones, etc) which allows people in different geographical locations to communicate and coordinate disruptive activities.

System instability is accelerating beyond the capacity of traditional power elites to handle, as more and more marbles are bounced out of the system. The result is fourth generation asymmetric warfare.

Welcome to Anarchism Triumphant!

Weasel Word Alert

Voters should take a closer look at the weasel worded PROPOSAL NO.2 which will appear on the ballot in the General Election this November.

In The Garden Island 9-11-2008, Kaipo Asing asserts in "Council candidates answers" that he has and will continue to abide by State Sunshine Law (Kaipo Asing, A5, Item 6, Open Government). But is he complying with our County Charter? He may "abide" which means to put up with; tolerate, but he has neither "complied" nor "conformed" with County Charter Section 3.07E.
It has become more than apparent that under his guidance as Council Chair the County Council has continuously violated County Charter ethics item 307E by going into executive session for reasons other than "consultations with the county attorney on claims". The State Office of Information Practices (OIP) has opined that 307E does not violate and is in compliance with State Sunshine law.

The council asserts it has a secret opinion from the county attorney which states that despite repeatedly going into executive session for reasons other than consultations with the county attorney on claims, the council has not violated 307E. The council claims "attorney-client privilege" but downplays their sole right as the client to waive that privilege and has stubbornly refuse to do so for the public good and a more transparent government. Now they want to change a law they are already breaking.

The ballot question PROPOSAL NO. 2: RELATING TO COUNTY COUNCIL EXECUTIVE SESSIONS is deceptively worded. The ballot question states "Should the Kaua'i County Charter be amended to conform to state law requiring that all meetings of the County council be open to the public unless allowed to be closed under the State Sunshine law, Chapter 92, Hawai'i Revised Statutes?"

Here is the proposed deletion: [With the exception of deliberations relating to confirmation of appointees, or consultations with the county attorney on claims, all council and council committee meetings shall be open to the public.]

Pardon my analysis but what is to be deleted is the section 307e of the County Charter that the secret county attorney opinion asserts has not been violated! Why is our county attempting to change the law?

As County Charter Commission Chair Chun is fond of saying "What's the problem is this proposal is attempting to address?" The weasel word in this proposal is "conform" implying that 307e is somehow in violation of State Sunshine Law when in fact 307E is in complete "compliance" with the State Sunshine Law. The weasel is in the difference in the meaning of the words "conformance" versus "compliance". Conformance means an exact word for word match with the laws. Compliance means obeying the law and could provide even greater protections than the law itself. That is what our current charter section 307E provides: greater transparency. Our current charter in fact provides greater transparency than the State Sunshine Law, while being in complete compliance with that law.

The take home message for the voter is that this proposal implies the County of Kauai is somehow not following the state law when in fact 307E provides even greater transparency than the State Sunshine Law requires which is in complete "compliance" with State Sunshine Law.

Why is the County attempting to trick the voter into voting for less transparency in government with this weasel-worded proposal?

If more transparency in government is what you want vote NO on proposed charter amendment number 2.

MISTAKES AND COVERUPS

Whether in Washington or Lihue, the cover- up is more serious than the original mistake. What began as a mistake by the Board of Ethics that could have been corrected fairly easily has ballooned into a cover-up that implicates the board, county attorney’s office, mayor, and council and raises numerous questions.

What prompted the Board of Ethics to give two former county officials now serving on a board/commission permission to violate the plain meaning of charter section 20.02D, which prohibits officers and employees from appearing in behalf of private interests before any county board, commission or agency, and to do so contrary to its own interpretation of 20.02D as set forth on page six of its handbook, “A Guide to Ethical Issues in the Kauai County Government”?

What prompted the board to keep secret an opinion it sought from the county attorney’s office in the second case that it purportedly used to justify its decision to dishonor its published policy? What authority could the county attorney have cited to justify ignoring or contravening 20.02D?

What prompted an attorney sitting on the Charter Commission to propose a charter amendment exempting board/commission members from the requirements of 20.02D as soon as the second case, which involved the chairman of the Charter Commission, became public? What prompted the Board of Ethics to then propose exempting everyone?

What prompted the council to turn a blind eye to the evidence I presented in support of my three requests over a period of five months for the council to exercise its oversight role by calling for a public accounting from the Board of Ethics?

In my opinion, a due regard for the Sunshine Law and for the stated purpose of the Code of Ethics to “establish a high standard of integrity and morality in government service” would lead to a full public discussion and resolution of these and other questions related to the administration and enforcement of the Code of Ethics. County officials seem to prefer secrecy and silence, perhaps hoping at this point that a charter amendment will make the questions disappear.

Horace Stoessel

Is it broke?

Is Section 3.07E of our charter broken? A proposed charter amendment to section 3.07E "would allow the council to hold executive sessions in conformance with the state Sunshine Law." (Charter amendments headed for Nov.4 ballot TGI, A5, 7-11-2008). Nathan Eagle then writes, "The council already does this, but some residents contend that the charter prohibits the council from going behind closed doors for anything except claims."

Read the charter section 3.07E - it is in black and white.

Our County Council claims they have an attorney opinion stating they are not in violation of the Charter, but they won't release it for all to see, invoking their client/attorney privilege not to inform the public. Curiously, the Commission deferred an amendment requiring county attorney opinions upon questions of law to be available in writing within two business days of issuance.

Regarding the County Manager amendment Charter Commission Chair Chun has repeats like a mantra "what problem does this amendment address?" , but apparently he is not applying the same criteria to the 3.07E amendment. Why not?

The question Chun refuses to ask is, "What problem is the 3.07E amendment addressing"? If "The council already does this" why is it being put on the ballot?

Apparently, the charter commission does not apply the same criteria to all proposed amendments but is using standardless discretion to pick and choose what they deem appropriate for the people vote on. This is called gate-keeping.

Could it be that the county council is in violation of the county charter by meeting on matters other than claims, and are changing the charter to cover up their lawless actions? Will the amendment grant retroactive immunity to council members?

T. Boone Pickens TV Commercial

Gone at the speed of lawmaking

Hawaii government's recent renewed attack on the homeless, which include limiting the times parks are open and passing laws against sleeping at bus-stops, demonstrates how quickly governments can act against the the disenfranchised.

On the other hand, laws against selling products whose proper usage kill people, such as tobacco, are weak and take decades to pass.

Meanwhile, state-originated non-profit public access television service providers that violate State procurement laws are exempted from compliance with those laws.

Citizens recently observed as with the Superferry process, if exemptions are not possible within the current legal framework, laws are quickly changed.

In summary, it is easier to pass laws that victimize the victims than it is to pass laws against the victimizers. As Hawaiian sovereignty activist Dr. Kekuni Blaisdall once remarked, "Someone's a victim, blame them."

Kauai Council members promote self-serving scam?

Andy Parx may have uncovered a nationally franchised self-promotion scam (See: another-round-of-imaginary-kibble) to help local politicians be viewed more favorably by voters. It appears no money is involved beyond the waste of time on the part of the perps and their dupes (i.e. the politicians involved and the citizen marks that fall for the time-wasting scam). If the facts check out it appears to be a very sophisticated scam cooked up by the trade group for local politicians NACO , or the National Association of Counties and franchised around the country by NACO members. No one really gets hurt and it's a great way for councilmembers to boost their positive image in the community.

I'm Voting Republican

Barack reality check: Who are you calling a dictator Obama?

In a speech Barack Obama gave in Flint, MI, called "Renewing American Competitiveness" on Jun 16th, 2008 he said;

Oil money pays for the bombs going off from Baghdad to Beirut, and the bombast of dictators from Caracas to Tehran.

Clearly Barack Obama agreeing with President Bush is calling President Hugo Chávez of Venezuela a dictator. Historical facts indicate otherwise. Chávez won the 1998 presidential election on December 6, 1998 with 56% of the votes (the largest margin in 40 years). In 2000 Chávez was reelected by 59.76% of the popular votes. Chávez survived a failed coup attempt in 2002 that tried to install the Chamber of Commerce president Pedro Carmona and in 2006 Chávez again won the OAS and Carter Center certification of the national election on December 3, 2006 with 63 percent of the popular vote.

Compare this to the United States 2004 election of George H.W. Bush by only 50.73% percent of the popular vote in a highly controversial election. The only international organization allowed to monitor the election, The Organization for Security and Cooperation in Europe's Office for Democratic Institutions and Human Rights (OSCE/ODIHR) Election Observation Mission Final Report said this;

In keeping with its OSCE commitments, the United States invited the OSCE/ODIHR to observe these elections. OSCE observers were granted access to polling stations in a number of states, although sometimes only in specific counties. However, in other states, access was not possible or was limited. This was a result of state law, either because international observers were not included in the statutory categories of persons permitted to be in polling places, or because the lack of reference to international observers in state law was deemed to constitute an obstacle to their presence in polling places. Lack of observer access to the election process, both international and domestic, including at polling station level, is contrary to OSCE commitments, and limited the possibility of the OSCE EOM to comment more fully on the election process.

Instead of pandering to popular ignorance of world affairs and U.S. propaganda by the current administration perhaps Barack Obama should look a bit closer to home if he wants to call someone a dictator.

Would you be shocked if only police had Tasers?

Did you know that Tasers are prohibited for civilian use in Hawaii, but legal for police use?

• Haw. Rev. Stat. § 134.1. Electric gun = any portable device electrically operated to project a missile or electromotive force

• Electric guns are not to be possessed, sold, given, or delivered except to law enforcement (§ 134.16)
  

• Unlawful possession of electric gun is a misdemeanor (§ 134.17) (Haw. Rev. Stat. § 134.1).

Asymmetrical bad apples and institutionalized abuse of power

When one speaks in the abstract about "institutionalized" abuse of power it is important to remember it is the combined individual actions (or lack thereof) of those individuals that comprise the actors within the institution itself that are responsible for the abuse.

In short, it is the sum total of individual collective actions that perpetuates institutional abuse of power.

By definition, if there were only "a few bad apples" it would not be institutionalized abuse of power. Moreover responsibility for such abuse of power is not uniformly distributed throughout the pool of institutional actors.

In a hierarchal organization bad actions (or non-action to correct the bad actions of subordinates) by those at the top have an asymmetrical influence on promoting the institutionalized abuse of power within the organization.

In other words, institutional abuse of power by a few bad apples at the top of the barrel is similar to a rotting fish. The ethics rot begins at the head and rots downward infecting the entire institution. Subordinates who tolerate bad apples at the top and/or the bad actions of their colleagues through non-intervention (i.e. not participating in the bad action themselves but ignoring and/or not reporting it) have begun the progressive process of ethics rot themselves.

When this putrification process has spread throughout the institution the abuse of power is said to have become institutionalized, and any self-corrective action from within is impossible. At this point only the actions of people outside the institution itself can stop the decay, and frequently the only recourse is to disband the institution and replace it with another.

The Last Winter

I viewed "The Last Winter" a movie about a small band of oil workers in Alaska National Wildlife Refuge (ANWR) trying to begin an ice road to bring in oil drilling equipment and ran into unseasonable weather. It was raining in February.

It was a bottom of the ninth, bases loaded and mother nature up at bat sort of movie, but what struck me was the premise that the permafrost was melting, oil was seeping into the melted muck and the more that happened the more it continued to happen. Evidently the fumes poisoned the air making the workers delusional (or was it nature fighting back?). In any case it occurred to me I had heard this premise almost 40 years ago when I lived in Alaska from Charlie Edwardson Jr. (Etok) in 1970!

Etok called it "a runaway blow-in" Etok an Inupiat Eskimo activist from Point Barrow was the prime mover behind the Alaska Land Claims Settlement Act.

Anyway the point is all this global warming stuff has been obvious to the astute observer since at least 1970. I don't want to spoil the plot but lets say "The Last Winter" could have been dedicated to those who left early, haven't arrived, and don't know they aren't going to.

Just who those people are I'll let you determine.

Student tasered for wearing a baseball cap

Energy conscious Kaua`i bank robber?

Taking the bus to rob a bank and then hitchhiking to the police station to turn yourself in indicates how high the cost of energy has become on Kauai, or perhaps the act of robbing a bank is a cry for help by a resource strapped citizen unable to afford the medical attention and housing in these tough economic times - Bank robbery suspect hitches to jailhouse

Emailers Take Warning

From personal experience, I know that Kauai Police Department officers send threatening email messages to citizens, and I know the practice is acceptable and will not be publicly reprimanded by Kauai Police Commission or by Kauai Board of Ethics.

However, I did not know until reading reporter Rachel Gehrlein’s story, Emissions protest dampened by weather (5/24/08 TGI p.1), that police officers were monitoring the email of citizens. But evidently they are because KPD Capt. Ale Quibilan said "the department decided to prepare for any event" based upon the belief that "approximately 100 people expected to show up at the protest circulating through e-mails."

Let’s be careful out there.

Prosecutor or persecutor?

In "'Pet prosecutor' sounds off" (TGI, letters, A4, 5-17-2008) Shaylene Iseri-Carvalho writes "I'm sure the rest of the community would take offense if I decided to unilaterally pick and chooses which laws I wanted to enforce or not." She is right. We do take offense even when the action is not unilateral, but done in concert with other council members as was done at the June 15, 2006 session of the Kauai County Council.

At that meeting Shaylene supported an investigation into what she described "as a conspiracy against the public being informed of the truth..." Shaylene said, "Having practiced criminal law almost solely for 15 years both as a public defender as well as a prosecutor, it is very disturbing because there are the kinds of cases that I exactly reviewed and took apart and to have this kind of misinformation published it's just horrific."

Shaylene and her county council co-conspirators then proceeded to take a sheet feed error and spin a conspiracy out of whole cloth claiming "someone" intended to alter a government document for purposes of deception. They called for an investigation and got one from the State Office of the Attorney General.

A former police chief and candidate for the Kauai County Council's house was raided by the State Attorney General.

Computers and electronics were seized as evidence.

An email threat was sent from a county official to a citizen for expressing the opinion it was a sheet feed error.

After a six month investigation, the State Attorney General declined to prosecute, returned the seized equipment, and dropped all charges.

After an enormous waste of time, taxpayer money, an email threat from a county official, and the tarnishing of a county council candidate's reputation during an election it turns out the altered document was indeed the result of a sheet feed error which was obvious to the non-conspiracy minded all along.

It is the job of the County Prosecutor to exercise prosecutorial discretion in picking and choosing which laws to enforce. Hopefully this discretion will be based upon the seriousness of the offense committed, and not upon a politically motivated, half-baked conspiracy theory.

News from Neptune

Kauai Committee for Self-Defense?

The State Auditor, Marion Higa, pinned the tail on the donkey once again. The donkey was the State of Hawaii "which may have compromised its environmental policy in favor of a private company's internal deadline" according to Higa. Higa also recommended "an entity should be given authority to enforce environmental laws". Wait a minute; isn't the state Attorney General the entity with that enforcement authority?

Didn't Kauai Mayor Brian Baptiste urge Kauaians to "obey the laws as they exist at this time" when Governor Lingle laid down the law to the people at a meeting by threatening citizens with arrests, fines, and taking away their children if they interfered with the Superferry's passage. Weren't citizen actions to uphold the law by stopping the Superferry's passage touted as a justification for the Kauai Police Department to purchase Tasers?

Pardon my analysis but it appears law enforcement was enforcing the Superferry's right to violate the law despite citizens insistence the law be obeyed. The State turned the police on the people. Perhaps Higa should have recommended citizens organize a Kauai Committee for Self-Defense given a compliant legislature and the State's penchant to use police authority at the behest of private corporations against law abiding citizens?

Keep citizens ignorant and blame them for their ignorance

I would like to respond to the quotations attributed to council member Yukimura in the article, "Government watchdogs on the prowl". Yukimura begins by stating that engaged citizens are a “very valuable resource,” and “Democracy only works well when we have actively participating citizens.” Yukimura is absolutely correct, but from that point on council member Yukimura begins a litany of "buts" and launches into thinly veiled left-handed attack critical of citizen involvement.

Yukimura advises, “When you get a soapbox to speak from, it’s really important to have your facts accurate and really listen carefully to what’s happening — not make assumptions, not jump to quick conclusions.” This advice in this context has the subtext that citizens may not have accurate facts, and may not listen carefully. Citizens may make assumptions and jumping to quick conclusions.

Yukimura continues, “You really have to become an expert in the subject so you can perform to the highest ideal. You can lead people in the wrong place.” The subtext: citizens may not be experts, may not perform to the highest ideals, and may lead people to the wrong place.

Yukimura concludes with an accurate description of the divide that exists today between county government and engaged citizens. “It can get to an attitude where, if you don’t agree with me, you’re wrong and stupid,” she said. “That’s more destructive than helpful.”

There is, however, an underlying fact not acknowledged by Yukimura when she gives advice that engaged citizens should have accurate facts, and become experts. To have accurate facts and becoming an expert is only possible if government allows engaged citizens access to information. If government boards, councils, and commissions refuse to disclose such information claiming "attorney-client privileged" then Yukimura's criticism is disingenuous.

It is the county government boards, councils, and commissions that refuse to release the facts and refuse to answer questions citizens ask so the citizen can get their facts straight and become experts.

Yukimura is critical of engaged citizens lacking the facts, not being experts, and not listening carefully while the count council does everything in its power to hide those facts under the cloak of attorney-client privilege.

Yukimura is a member of a county council that is responsible for keeping citizens ignorant, but rather than casting a critical eye on the actions of her colleagues (and perhaps herself) for refusing to waive attorney-client privilege she implies the fault lies with the engaged citizens, victims of government secrecy, for not having the facts, not being experts, and leading people to the wrong place.

Engaged citizens are not trying to lead people anywhere, but rather hold government officials accountable for their actions. Mahalo to council member Yukimura for at least speaking to this issue, and she can rest assured that engaged citizens are reading carefully, even between the lines.

Kauai Ethics Board: Alice in Blunderland

In a recent decision regarding a case I brought before the Board of Ethics, the Board based their opinion on the contents of minutes from the Kauai County Council wherein they claim an officer of the county had not made private information public because that information had already been made public as detailed in the Council minutes. When I requested reconsideration of that opinion claiming the Council minutes did not contain such revelation and requested the Board show me the language in the minutes upon which they based their opinion, they refused.

Now the Board is claiming they have a legal opinion that they are refusing to disclose, claiming attorney-client privilege. Although the Board has the power to waive this privilege they refuse (Ethics Board clears Chun, Guards legal opinion, TGI, A1, 3-14-2008). In both cases the charter language uses the words "no officer or employee of the county shall" and is clearly stated. However, the Ethics Board prattles on about broad versus narrow legal interpretations of what appears to be black-letter law without revealing any of the logic or rationale hidden in their lawyer's secret opinion.

Pardon my analysis but this seems to make a mockery of the law as any action can be justified by saying our attorney said it was OK but we refuse to show the public that opinion because we don't want to.

Is the Board of Ethics living with Alice in Wonderland where, to quote the song: "logic and proportion have fallen sloppy dead, and the White Knight is talking backwards"? Evidently we now live in a county where the rule of law is whatever the Ethics Board says it is and they do not have to justify their opinion to the public they supposedly represent. This is not the rule of law it is rule by fiat. The Ethics Board has no grace and they aren't that slick. Everyone knows the word "shall" and "not" are both white rabbits and no amount of waha can turn a white rabbit black.

President Bush vetoes CIA waterboarding ban

ACLU describes President Bush's veto of CIA waterboarding ban as 'a callous disregard for human rights'

The American Civil Liberties Union (ACLU) has described President Bush's veto of CIA waterboarding ban as, among other things, "a brazen move signaling a callous disregard for human rights."
more

Claiyrvoants and precogs of Kaua`i County Government

The Garden Island newspaper provided an interesting lesson in the genesis of what becomes news and the role a citizen journalist plays. It is a simple recipe, and here it is;

1) Take a letter to the editor like this one I wrote;

Ed Coll to letters,

Mar 3

from Ed Coll to letters@kauaipubco.com, Adam Harju , bcc hsps@hawaiiantel.net, date Mon, Mar 3, 2008 at 9:07 AM subject Where is the need? Show me the money! mailed-by gmail.com

hide details Mar 3 (4 days ago)

Reply

I was surprised to see a notice for professional services from the County of Kauai to pay outside legal council $30,000 to $50,000 to provide research and advice to the County of Kauai Charter Review Commission (TGI, Friday, February 29, 2008, D6).

I was surprised because to my knowledge the Charter Revie Commission
(CRC) does not have a budget, and did not request a legal consultant. Where and how did the perceived need for outside legal council arise if not requested by the CRC?

It appears the County of Kauai is spending an awful lot of taxpayer money on outside legal council even if such legal council is not requested. Why? Whose budget is funding such unrequested services?

2) Use the letter as a tip for a feature story like this one;

County readies for possible charter change

The letter I wrote was not published but the article did include this brief but not totally accurate summary of my letter;

"Still, some residents, such as Ed Coll, of Puhi, question the use of taxpayer money on outside counsel."

"He said that the county seems to be spending 'an awful lot' on a service that was not requested."

I did make that statement but the main question I asked in the letter was left begging for an answers.

How is the process by which something that is not requested funded and received? The obvious answer is back room communications between parties involved that are occurring outside official (and public) channels;

'"This is a proactive effort on my part,' Office of Boards and Commissions Administrator John Isobe said yesterday"

"Charter Review Commission Chair Jonathan Chun said he, for one, would welcome the help."

Pardon my analysis but unless Sonobe is precognitive and Chun is clairvoyant things are being funded and moving forward in most mysterious ways unknown to the taxpayers footing the bill for services that may or may not be needed.

Stay tuned for hidden agendas and special interests ahead.

This is What Waterboarding Looks Like

This is What Waterboarding Looks Like

Foreign Policy In Focus | Chomsky on World Ownership

Foreign Policy In Focus | Chomsky on World Ownership: "I saw recently in the Christian Science Monitor, something like “New Study of Foreign Fighters in Iraq.” Who are the foreign fighters in Iraq? Some guy who came in from Saudi Arabia. How about the 160,000 American troops? Well, they’re not foreign fighters in Iraq because we own the world; therefore we can’t be foreign fighters anywhere. Like, if the United States invades Canada, we won’t be foreign. And if anybody resists it, they’re enemy combatants, we send them to Guantanamo."

Kauai heart of darkness

The Kauai County Council in its unrelenting effort to keep the people they represent totally in the dark may have found the magic bullet to end the toothless misery of the State Office of Information Practice (OIP), and put another bullet through the heart of a citizen's right to know ("County prevails in executive session suit", The Garden Island, Feburary 11, 2008, A1).

This new magic bullet is called the "Intertwine" and it sounds as dangerous as it is. The Intertwine bullet spins erratically structuring the meeting discussion in such a manner that Judge Watanabe summed up the situation like this "... minutes were so intertwined with other portions that redaction would be impractical."

"Let's hold all our executive meetings using the Intertwine and then we can keep all our deeds done in the dark secret from those we represent," gleefully exclaimed a Kaua`i government official under condition of anonymity.

Surely the deployment of the Intertwine will become a great urban legend retold and intertwined in executive sessions through the State. It is a tale of how the Kauai County Council discovered a way to keep what happens in executive session secret from those they represent -- forever.

Pardon my analysis, but isn't the common use meaning of a rambling discussion termed a "BS session"?

Finally unless I have one of those "intentionally altered government documents" that Kaua`i County Council members seem to see everywhere now before me, there has been an OIP opinion released since former OIP director Les Kondo was appointed to the Public Utilities Commission in July (contrary the Garden Island Article. The advisory opinion is S Memo-G 08-6, dated January 28, 2008. The opinion was requested by the Kaua`i County Attorney. The OIP opined that contrary to the assertion of the Kaua`i County Attorney, Section 307.E of the Kauai County Charter (which only allows the Council to close a meeting to discuss "claims" with it's attorney) does not violate State Sunshine Law, and in fact is a partial wavier of the attorney-client privilege. True to form the Kaua`i County Council to date has refused to release the County Attorney's opinion on this matter and continues to meet in executive session in violation of the County Charter.

Dirty deeds done in dark?

According to the State of Hawaii Office of information Practices Jan. 28, 2007 formal opinion the Kauai County Charter section 307.E supersedes and is compliant with Hawaii State Sunshine Law. Section 307.E reads in relevant parts;

E. The council shall meet regularly...With the exception of deliberations relating to confirmation of appointees or consultations with the county attorney on claims, all county council and committee meetings shall be open to the public.

The OIP opinion further found;

the charter provision does not cause a violation of attorney client privilege, but instead acts as a partial waiver of the privilege by the County as the client.

Now I'm not a lawyer but it appears the County Charter section 307.E supersedes and is compliant with State Sunshine Law and furthermore 307.E partially waives the attorney-client privilege.

Short conclusion: The County Council committed numerous violations of the County Charter, and the only people refusing to release the county attorney's opinion is the county council. Please note in the opinion of OIP the charter already partially waives this prividlege so it appears only the county council itself stands in the way of making the opinion public. Contrary to the Garden Island Newspaper headline "County protects legal opinion" it appears council members are just protecting themselves.

Dirty deeds done in dark? Read the opinion and you decide.

1. County attorney request for opinion to OIP
2. OIP Opinion to County Attorney

Vote Repugnacan or Demorat?

The seven dwarfs always left to go work in the mine early each morning.
As always, Snow White stayed home doing her domestic chores. As lunchtime approached, she would prepare their lunch and carry it to the
mine.

One day, as she arrived at the mine with the lunch, she saw that there had been a terrible cave-in. Tearfully, fearing the worst, Snow White began calling out, hoping against hope that the dwarfs had somehow survived.

"Hello, hello!" she shouted. "Can anyone hear me? Hello!"

For a long while, there was no answer. Snow White again
shouted, "Hello! Is anyone down there?"

Just as she was about to give up calling, there came a faint voice from deep within the mine.

"Vote Republican or a Democrat! Vote for a Republican or a Democrat!"

Snow White fell to her knees and cried out to the heavens, "Oh, thank you, God! At least Dopey is still alive!"

Kauai County Council - model of transparency?

Years ago when Robert Kennedy Jr. visited Kauai he told me, "Democracy not only gives people the right to ask a question, but more importantly get an answer." I guess his visit was not long enough to really get to know Kauai and how things are done around here. Illustrative of how things are done here is the the article "County protects legal opinion" (TGI 20/01/2008, A1) which can be summarized as follows;

1. A citizen asks if a county council action was in error as a matter of law.
2. The council member Fafuro assures the citizen he will get the citizen an answer and asks for a opinion from the county attorney.
3. The County attorney issues an opinion.
4. The Council refuses to release the opinion to the public.
5. A citizen asks the County Board of Ethics for an opinion.
6. The County Ethics Board refuses to give an opinion.
7. The County Council continues it's questionable action while council member Yukimura hopes people understand the council actions are taken with the "highest intentions."

Perhaps the council should spend less time protecting a secret "legal opinion" and try protecting a citizen's right to get an answer.

--- 30 ---

How to Make Our Ideas Clear

How to Make Our Ideas Clear

Kauai County Animal Farm?

It was Martin Luther King Jr. Day and I was reading a public (and appropriate) apology from a citizen who had sent a threatening email to a developer, turned himself in, was arrested, released on bail and is currently facing charges of harassment. (Lessons of protest. A4, letters, Monday, January 21, 2008).

The sad conclusion I reached on a day celebrating Martin Luther King's struggle for social justice is we have a long way to go when you compare the treatment a citizen receives for sending a threatening email and the treatment a Kauai County Police Officer receives for the same offense committed against a citizen for speaking in public.

Just a week before I received this letter from the County of Kauai Board of Ethics:

January 14, 2008

Thank you for your letter of December 3,2007. The Board refuses to reconsider complaint 06-­004 and it further declines to cite specific pages, paragraphs and sentences of the County Council minutes of June 15,2006 in order to justify its decision to you.
This concludes the matter of your request for reconsideration.

Mark Hubbard
Board of Ethics Chair

What is complaint 06-004? It is complaint I filed in 2006 with the Ethics Board after receiving this threating unsolicited email from one R. Asher whom the Ethics Board assumed to be from Kauai Police Officer Lt. Roy Asher.

Original Message
Subject: Furthering the deception
Date: Sun, 18 Jun 2006 00:26:22 -1000
From: R. Asher asher@hawaii.rr.com>
To:

Be very careful. For what you are conveying could be interpreted as furthering the fraud. One may pursue conspiracy charges. For what you have offered is not accurate and just perpetuates the deception.

You know that the "2" page version on the web-site reflects the second page to be of a different seized font then that of the first. This I suspect or suggest to you was done so that the third page signature could be fitted on the second page, less of course all verbiage contained on page three (of original letter).

Be careful my friend.

Do not risk your integrity and reputation promoting a fraud.

My complaint to the Ethics Board was that this email was a threat in which Asher suspected me of fraud and was considering pursuing conspiracy charges against me for public statements I had made in the media. I had stated in public my belief that the document was unintentionally altered as the result of a sheet mis-feed error.

After a six month investigation at the request of the County of Kauai Prosecutors Office the State Attorney General refused to prosecute former Kauai Police Chief Lum for intentionally altering a government document. The AG investigation revealed Lum had nothing to do with the alteration and my analysis was correct. The missing paragraph was a sheet feed error (an error not even made by Lum, but by a Honolulu paralegal).

My complaint to the Ethic Board was that if Police Lt. Roy Asher was the author of this email as the Ethics Board assumed, then Asher had violated Kauai County Charter, ARTICLE XX, CODE OF ETHICS, Section 20.02, B which states;

No officer or employee of the county shall:
B. Disclose information which, by law or practice, is not available to the public and which he acquires in the course of his official duties or use such information for his personal gain or for the benefit of anyone.

The Ethics Board concluded that Asher had not violated the County Charter because based upon the Ethics Board review of the June, 15 2006 County Council meeting minutes what Asher had disclosed in his email to me had already been made public.

After a line by line review of those County Council minutes upon which the Ethics Board based its conclusion of no wrongdoing, I asked the Ethics Board for reconsideration because nowhere could I find mention in those minutes that R. Asher or the Kauai Police Department publicly disclosed they thought I was furthering a fraud and may pursue conspiracy charges against me.

So after more than a year of "investigation" the Ethics Board refused to reconsider my complain and it further declines to cite specific pages, paragraphs and sentences of the County Council minutes in order to justify its decision to me.

The problem is the Ethics Board's conclusion is not supported by the County Council Minutes as they assert and those minutes are proof the Ethics Board erred in it's conclusion. Don't take my word for it read the Kauai County Council minutes for yourself. You will find that what the Ethics Board asserts was publicly disclosed and what they based their conclusion on cannot be found in the council minutes!

The County of Kauai Board of Ethics erroneous conclusion (and their stonewall refusal to reconsider) provides indisputable evidence that our county government believes it is acceptable behavior for a Kauai Police Officer to use email to disclose information acquired in the course of his official duties to threaten a citizen for speaking in public.

The Ethics Board decision stands as testament that the County of Kauai has a long way to go to achieve King's dream of equal treatment for all. The current belief of Kauai County government officers (both Ethics Board members and Kauai Police) is that some people are above the law and more equal that others.

On Kauai we are a long way from justice for all, and with such tacit endorsement of police threatening citizens the Kauai Board of Ethics is moving us all ever closer to an Orwellian Animal Farm.

Superferry Shock Doctrine

Why does the State of Hawaii "err as a matter of law" but citizens who err become felons? Why did Governor Lingle promote Barry Fukunaga the Director of DOT to her Chief of Staff after he erred by allowing the Superferry to operate in violation of state law? Was the promotion just punishment for the err? Will protesters face such punishment or be thrown in prison? Why was a 30 year old law changed within a matter of weeks by a special legislative session to exempt the Superferry? Why has the penalties for civil disobedience suddenly become draconian (10 years in jail and $32,000 fine) compared to the penalties faced by those who committed acts of civil disobedience during the civil rights, women's, and anti Vietnam War movements?

Are these reactions to the Kauai Superferry protesters the latest example of government "shock doctrine" implemented by the unified command in their relentless efforts to impose a new economic order of corporatization, privatization, and militarization here on Kauai, or are these the misguided musings of a conspiracy theorist?