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."
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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

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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.