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.

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.

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