July 2005

"Orders from Upstairs" confuses Ho`ike board

Confusion reigned at the Ho`ike resulting in a motion to defer action at the July 28, 2005 Ho`ike Board of directors meeting. The confusion simple stated was if the bylaw modification was "recommended" or "mandated" by the Department of Commerce and Consumer Affairs (DCCA). Managing Director J. S. Robertson insisted it was "required" by DCCA Director Mark Recktenwald, other board members seemed uncertain.

Listen to a podcast of the Ho`ike board discussion on this bylaw amendment click on the following URL:

http://www.kauai.net/bm/

Regardless of whether the election was "suggested" or "mandated by the Director of DCCA, an election had already occurred, and Robertson described the after-the-fact bylaw amendment as "housekeeping"

The election for a producer position on the board resulted in a lawsuit initiated by `Olelo the PEG provider on Oahu

In that case a recent court ruling from First Circuit Court Judge Victoria Marks ruled that Public, Education, and Government Access organizations (PEGs) were not agents of the state, and therefore not compelled to follow State Sunshine (HRS92) and Open Records Laws (HRS92F)

In part the order found "There is no Government control over `Olelo's activities."

Mananging Director Robertson was partly responsible for the confusion. Although Robertson cited the Court Ruling and concluded that, "Ho`ike was not a state agency" he failed to inform the Ho`ike board that OIP had appealed the ruling http://hpam.hi.net/OLELOvOIP/#appeal.

The Ho`ike board's confusion (given the court's finding) was how the DCCA could mandate the board of a private non-profit corporation hold an election if indeed it was not a state agency and "there is no Government control." `Olelo took the State Office of Information Practices (OIP) to court after OIP opined that under State Open Records laws `Olelo (and Ho`ike) were required to disclose the phone numbers and residential addresses of eligible voters to candidates running for the elected director position. Both `Olelo and Ho`ike refused

The candidates argued they were entitled to the phone numbers, and residential addresses because the information was "Required for Public Disclosure." by both `Olelo and Ho`ike) on the videotape submission forms required to broadcast a program on public access.

Candidates wanted the information to contact eligible voters to solicit their votes. Candidates argued that being denied access to eligible voters while PEG board members and personnel had exclusive access to voter contact information created the possibility of election manipulation by the PEGs. Candidates feared PEGs could use such information to covertly campaign for favored candidates

Candidates also argued that the inability to contact eligible voters made the election a farce, because the PEGs could skew the election results with sole access to such information to "PEG favored candidates" and their was no way of proving otherwise. Both `Olelo and Ho`ike deny such allegations and as the candidates feared the plausible denibility" makes election manipulation impossible to prove

Regardless of whether the elected director's position and the election to fill it is "suggested" or "mandated" by DCCA it appears to have a chilling effect on the board actions of what the court has ruled is a private non-profit corporation

Further adding to the confusion the proposed bylaw amendment gives the Director of DCCA the power to remove the elected director. Why a board of a private non-profit corporation would propose a bylaw modification that gives a government official the power to remove one of it's directors is the unanswered question that creates doubts about how independent from Government control PEGs really are. This is especially true since the Director of DCCA also has the power to appoint and remove the majority of board members which the director appoints.

Listen to a podcast of the Ho`ike board discussion on this bylaw amendment click on the following URL:

http://www.kauai.net/bm/

Below is the proposed bylaw amendment deferred by the Ho`ike board.

--- begin proposed bylaw amendment ---

ARTICLE VI. DIRECTOR

Sec. 6.2 Number of Directors:

The number of authorized Directors of the Board of the corporation shall be NINE (9). The Director of the DCCA shall appoint six (6) Directors, two (2) Directors shall be appointed by the Cable Operator and one (1) shall be elected in accordance with Sec. 6.9c.

--- begin proposed bylaw amendment ---

Sec. 6.9c Elected Director:

The Board shall authorize the Corporation to administer an election among the Corporation's public, educational, and government users to fill one (1) and only one position, which position was formerly held by an appointee of the Director of the DCCA (the "Elected Director"). Only one (1) Elected Director may sit on the Board at any given time

The election for the Elected Director shall be completed and the results of the election forwarded to the Board within a reasonable time prior to the Board's first meeting of the calendar year. The Elected Director's term shall be set in accordance with Sec. 6.8

If at any time during the first year of the Elected Director's term the Elected Director terminates the position, or is removed for cause pursuant to Sec. 6.10, the vacancy shall be filled by the individual who has received the first, second, or third highest vote total in the original election, in descending order, until the vacancy is filled, provided that if for any reason the vacancy is not filled by one of these three individuals, the vacancy shall be filled in the manner prescribed for filling such a vacancy after the first year of the term of the Elected Director

If at any time after the first year of the term the Elected Director terminates the position or is removed for cause pursuant to Sec. 6.10, the Board shall direct the Corporation to conduct an election to fill the position, provided that if the vacancy occurs during the final six (6) months of the Elected Director's term, the Board may at its discretion allow the position to remain vacant pending completion of the term

Sec. 6.10 Resignation or Removal

The Director of the DCCA may remove at any time, with cause, any member of the Board that he/she has appointed or the Elected Director.

--- end of proposed bylaw amendment ---

The 600 pound gorilla in the room and the unanswered question is, "Why would a private non-profit corporation, that is not a state agency, grant a state agency (the DCCA) the power to appoint, remove, and mandate their election processes for a board seat?

Listen to a podcast of the Ho`ike board discussion on this bylaw amendment click on the following URL:

http://www.kauai.net/bm/

Ho`ike's secret plans to compete with private sector and reduce public's access services

For the Record -Ed Coll

Ho`ike the Public, Education, and Government (PEG) access entity for the County of Kauai submitted a "Strategic Plan For Self-Sufficiency 2005-2010" (see the digitized document following this analysis) to the Department of Commerce and Consumer Affairs (DCCA). It is noteworthy that this plan, although a public record, is not published on Ho`ike's website, and Ho`ike has made no effort to inform the public. For all intents and purposes this has been a "secret plan" until now.

Below is an email request, and Hoike's response for the "Ho`ike Self Sufficiency Plan" from back in Aug 2003

--- begin emails ---

Date: Fri, 15 Aug 2003 15:47:52 -070
From: Ed Coll
To: J Robertson <jrobertson@hoike.org>
Cc: OIP <oip@state.hi.us>, DCCA <cabletv@dcca.state.hi.us>
Subject: Request to examine Hoike "Self Sufficency Plan"

J,
This is a request to examine Ho`ike;'s Self Sufficiency Plan that was requested by the DCCA.
Mahalo in Advance for your Prompt attention to this matter.

Ed Coll

---------------------------------------------------------------

And this is Ho`ike Managing Director J Robertson's Sept 5, 2003 response (Item 44)

5 Sep 2003 13:57:06 -10
From: J Robertson <jrobertson@hoike.org>
To: Ed Coll
Subject: request for documents

Mr. Coll,

While on vacation I received a number of email requests for records or documents from Ho'ike. I would like to reply to those requests below.

1. Copy of TeleDemocracy program.
A. Ho'ike did not archive the program and does not have a copy available.

2. DCCA program airing
A. The program did air. There was a playback malfunction at the playback center was resolved as soon as a technician could attend to it.

3. Videotape submission form for the DCCA public hearing
A. Ho'ike produced and aired the program. As managers of the facilty the submission form you referenced is not required. There is no form to review.

4. Copy of the Self-Sufficiency Plan.
A. The plan is a current work in progress and not available for public distribution. While the Director of the DCCA is in the process of developing a new Statewide Plan the self-sufficiency issues cannot be fully addressed. Once the direction is determined Ho'ike will have a plan you will be able to review.

Again, thank you for your continued interest in Ho'ike.

J Robertson

managing director

------end emails -----

But the DCCA Statewide plan for PEGs provided little help and was an excuse to hide the plans from the public claiming it was a "work in progress," and it was Ho`ike that asked DCCA if they could delay the submission of the "Ho`ike Strategic Plan for Self Sufficiency" claiming "the self sufficiency issue could not be fully addressed" without it. This delaying tactic was a ruse to keep the public in the dark so they could not provide input. When the "DCCA Final Plan" was released (Jan 2004) it contained only a brief mention of self sufficiency simply stating:

"DCCA encourages the PEGs to identify and pursue additional funding from other sources, such as through grants that are consistent with the overall PEG mission."

There was nothing to be learned from the plan that justified the two-year delay in making this document public, and as we shall see the Ho`ike Plan wanders far afield of the &Primeoverall PEG Mission&Prime. The DCCA Final Plan says nothing about competing with the private sector to provide non-access related services for a fee.

Though Hoike's Strategic Plan for Self-Sufficiency was only released publicly in February  2005, requests to see it were made in 2003 and again in May, 2005. 

The plan is intended to achieve self sufficiency should a loss in state mandated cable subscriber monies occur. Ho`ike's 18 point plan intends to:

• ask for donations
• compete with the private sector
• reduce services to the community

Competing with the private sector:

Ho`ikes plan to compete with the private sector by engaging in "any number" of the following "fee for service" activities:

• compete with video producers on the island by providing video production services for non-access purposes.
• compete with equipment rental companies by renting equipment (video projectors, etc.) for non access purposes.
• compete with hotels and rent space for conferences, meetings, etc. for non-access purposes.
• compete with captioning services by providing off line captioning for non-access purposes.
• compete with media duplication houses by offering duplication services for non-access purposes
• compete with corporate consultants and curriculum designers by producing training videos for non-access purposes.
• Compete with video producers by producing political spots for candidates for non-access purposes

Reduce services to the community:

While using state mandated cable subscriber monies to undercut and compete with the private sector Ho`ike also plans to decrease services and hours of operation, and increase user fees for training, education, and workshops.

Begging for dollars:

While competing with the private sector (non-access purpose), decreasing public services, and increasing user fees, Ho`ike will also be soliciting by:

• aggressively seek grant and foundation money
• allow corporate underwriting of programming
• allow corporate sponsorship of programs
• seek private donations
• conduct a telethon

Good for Ho`iki?-- but does not support the Ho'ike Mission Statement

Review of the Hoike Stratigic Plan Self Sufficiency reveals that many aspects do not support their mission as stated on the cover page of the plan. Nor does it acknowledge it has already begun to implement a number of the options, even though their funding has not been significantly diminished. Hoike has already begun to pick the "low lying fruit" away from others in the community by competing with another non-profit to provide county video production and services.  

Ho`ike's plan to reduce community services and hours of operation; increasing the public's fees for services; compete with the private sector; and solicit for money. That may be good for Ho`ike, but many in the private sector doubt it is good for business. 

For over a year, Hoike has provided video production services to the Kauai Chamber of Commerce free of charge, though have not offered that to other nonprofits with fewer resources. Clearly, this is an attempt to gain favor with the business community, hoping they will look the other way when the subsidized nonprofit competes against private enterprise.

Many access users are concerned about the planned decrease in services, a decrease in the hours operation, and and increase in user fees. 

Ho`ike was created by the state, the Ho`ike board majority is appointed by the state, Ho`ike is funded by state mandated cable subscriber monies that goes from the cable subscriber to the cable company, and then directly to Ho`ike. According to Hawaii Administrative Rule HAR §16-131-32 the Public access channel is for "non-commercial public access available on a first-come, nondiscriminatory basis." The reality is that only a small minority of cable subscribers are public access users. According to the Ho`ike Managing directors annual reports there have been no new users for the last two years! Many question why cable subscribers are forced by state mandate to fund a state created nonprofit planning to abandon the mission for which they were created use their public subsidy to compete with the private sector. This is especially true in light of a Fifth Circuit Court ruling, a ruling that the state Office of Information Practices (OIP) interpets to mean that PEG's are not covered by Open Records (§HRS92f) nor Sunshine Law (§HRS92)

What you can do right now

If you are some of the many who object to paying a state mandated user fee for public access, and not getting it -- email Director Mark Recktenwald at the the Department of Commerce and Comsumer Affairs (DCCA), Cable Television Division at email address . . .

mrecktenwald@dcca.hawaii.gov

. . .and tell him what you think of Ho`ike's "plan."

Kauai County Council approves spending $100,000 for 'Special Council'

In a 6-0 vote the Kaua`i County Council approved spending up to $100,000 to "Retain Outside Council" to represent the County and County personnel in two court cases. Both cases arose out of the County's refusal to release the transcript and minutes of an executive session (ES-177) which the State Office of Information Practices (OPI) has opined are public records.Click on the link below to read the "Request for Approval to Retain Outside Counsel to represent the County"

http://www.kauai.net/stauber/20050623%20Spend%20$100'000.pdf

Our Great Misleaders

The ongoing controversy about the disclosure of government records took a new twisted turn. All this time the County Attorney pretended to disclose, but behind the scene, the County Attorney appealed to the Department of the Attorney General, the Office of Disciplinary Council, the State of Hawaii Organization of Police Officers, and the Lieutenant Governor. All this secret work was unsuccessful, no State representative or agency wanted to render an alternate ruling, intercede or assist the County. Pretending to work out a compromise with OIP the County filed a lawsuit in the Fifth Circuit Court. Such actions are usually expected from a Third Class Corporation, and their lawyers.

Now the County Council, County Attorney, the Board of Ethics pretends to care about HRS 92 (sunshine law) and the County Charter . In reality, the County Leaders do not care about any law or rules, if that paragraph does not work in their favor. Somewhere along that line comes… We the County can do whatever we want, and if YOU don’t like it, sue us, and by the way, we have more money than you have. Well, somebody put $2.000 in a retainer and sued, the County Council appropriated $100.000 to defend itself and not to disclose the Council’s sunshine violation. A fortnight ago a Council Member complaint about an email that referred to Snow White and the Seven Dwarfs. Such a complaint is baseless since the same member had no problem with the ‘Hop-Sing’ civil rights violation. Calling an appointed official with Chinese origin, and his deputy names on public record seems to be ok for the Council. That brings Council Chair into play, and I don’t understand why he is complaining that the Chief is suing the County. Neither, why $1.4 million spent on lawsuits over a 4-year period to defend the Police Department are such a big deal, since the problems are homemade by the Council. Remember the Administration wanted to get rid of George. One Prince Charming suggested, before our Great Misleaders look for the dirt in other people’s backyard, they should clean their own front and backyard first.

The Well Cooked Journalist: A traditional Joey Skaggs recipe

---

"Is it not an art to deceive a trout with an artificial fly?" Walton

This delicious recipe for catching and cooking a journalist has been thoroughly tested. It features easy to find ingredients.

This is a very satisfying meal and although I have prepared it many times, one should not be concerned about repeating it too often. There are many ways to change the recipe and the results will always be pleasing.

There's no need to worry about affecting the population of journalists. This is not an endangered species. It's open season, no limit.

Although they can act like sharks or barracuda, they have also been compared to piranha. They are extremely territorial and defensive and will repeatedly attack either singularly or in large groups. You can usually find them behind hidden agendas, as they tend to conceal their politics and beliefs. However, they can be biased, opinionated, prejudiced, cynical, and even racist. At times, they take fact and contrive it so it bares little resemblance to reality.

But the media angler must not discriminate against them. Whoever bites and swallows the hook, is to be cooked. This includes pontificating corporate groupers as well as counter culture large mouth minnows. Even bottom feeders, like tabloid hacks and gossip mongers, are cookable.

As is true of rice or pasta, cooking times and taste vary based on the judgement, experience, competence, and sophistication of the chef.

ANGLING FOR THE JOURNALIST

Concoct a well thought-out story. TV news producers, writers and reporters are greatly under the influence of Hollywood. Hollywood is equally influenced by what appears in the news. Our culture is reflected in both of these forms of media. So it's important to combine the necessary theatrical elements to attract them. In essence, give them what they want!

Dangling the line:

You may select from any of the following hooks, lures, and tasty baits. Mix and match for a formula that is sure to work.

Dependable hooks:

Sex
Controversy
Power
Sensationalism
Exploitation
Heroism
New technologies
Betrayal
Revenge
Incompetence
Faith
Little guy against the system
Wealth
Determination
Anything with an animal or a child

Choose the bait:

Religion
Finance
Politics
Popular Culture
Corporate exploitation
Social injustice
Emerging industries
Arts
Weather
Sports

Reeling them in:

The media angler must be well prepared. Following is a list of critical ingredients and needed tools and utensils that must be in place to assure a successful meal.

Ingredients:

Conviction and purpose
Well conceived concept
Element of probability
Irony
Humor
Satire
Wit
Deception
Universal or special appeal
Compelling press release
Good visuals for the media to focus on
More than one source for verification
Great follow-up
Well orchestrated exposé
Patience
Confidentiality

Tools and utensils:

Funding
Location(s)
Props
Actors
Telephone
Fax Machine
Answering machine
Internet access
Internet presence
Camera & video gear
Letterhead
Business cards
Tape recorder
Clipping service

Caution: This is a warning to all would-be media anglers. Care must be taken not to yank on the line before your catch has sufficiently bitten the hook. Nibbles frequently occur before swallowing the bait. Tease them until they gotta have it. One must always be patient. Once the hook is set, they usually jump in the boat. And believe it or not, many others simply follow suit. Often feeding frenzies occur and you might even catch more than you can handle.

But once caught they tend to be humorless and self righteous. They puff up and should be iced quickly. Or they will lie, slander, trivialize, and dismiss the angler so as to shift blame and not look ridiculous or stupid.

Although most look very attractive on the surface, they are unappetizing uncooked and will most likely leave a bad taste in one's mouth if served raw. They actually resemble lawyers in this respect. But that's another recipe.

Many claim serving them raw is preferred. Journalists are very easy prey for an intelligent, thinking person to eviscerate. They usually contain few guts, and the head and backbone are easily removed. I do, however, believe more pleasure is derived from, and a most pleasant feeling is obtained, by thoroughly cooking them before devouring them.

COOKING THE CATCH

Personal note to the chef:

Be sure you have no doubts about what you are doing and why. Cook for artistic satisfaction, not for profit. And never use ingredients that are illegal.

Recipe:

Take one arrogant, narcissistic, pretentious journalist. You may boil, broil, deep-fat fry, steam, bake, roast, grill or poach.

Precaution:

You can skin it or not. Just remember they usually have very thin skin which reddens quickly. Watch out for sharp teeth and a forked tongue. Do not use a pressure cooker. This could blow up in your face.

Combine the following:

• A somewhat plausible or even far-fetched story that you can stage somehow.
• Toss in obvious clues.
• Stir in controversy.
• Thoroughly mash in probability.
• Sprinkle on timeliness.
• Spoon in some sex appeal.
• Baste frequently with guile.
• Add a tablespoon of sleaze.
• Add a half teaspoon of suspicion.
• Whip in a pound of charm and a half cup of hype.
• Toss in an occasional sound bite.
• Mix with expert testimonials and co-conspirators as needed.
• Gradually add visuals, best if you use attractive or outrageous looking people. Supporting costumes, hats, or t-shirts can add flavor.
• For tough journalists, add in more fact with fiction.
• Garnish with cunning.
• Add interviews. Repeat as many times as necessary.
• Cover and let steam in its own juices.
• Cook until the plot thickens and it all gels.
• Journalist may continue to cook from its own internal heat even when the fire is out.
• Do not overcook or give away too many clues as it will make the meal smell a little too fishy.
• For best results, document the entire procedure so you can share the results with others.

  Once cooked, serve with a straight face on a bed of the catch's own making. Sit back and enjoy. If done right, this dish should taste just like chicken.

  Disclaimer:

  Joey Skaggs is not responsible for any gastric disorder this dish may cause. It's amazing what journalists will say once they've been cooked. They immediately start crying "foul play! I was had, and so were you, audience. This bad man targeted the wrong journalist. I'm actually the good guy. How sad for us all." Or they get their colleagues to snap at you for them. Or they'll make up their own stories and say they knew all along that it was a bated hook but went along just to see what would happen.

  They will tell lies and try to make you look like the liar. They will associate you with crooks and con-men. They will tell you how this hurts because they will have to work harder to verify the facts as they can no longer trust any one. And they will wish you both legal and bodily harm.

  End note:

  One would think that one would grow tired of the sport because it no longer looks sporting. More like fishing out of barrel. But each catch is a new adventure and makes a great story. I personally have many trophy fish in my den. And, like all fishermen, I prefer exhibiting the big ones, but I'm proud of everyone that I've caught.

  I'm just hoping that some day my tales will be more about the one that got away. That mythological, uncompromising, ethical, incorruptible journalist. An unbiased advocate that employs responsible journalistic practices. But for now, I'm going fishing.

SOURCE: http://www.joeyskaggs.com/html/comm/comm15.html

Maui Access Advocate ousted from position as CEO & President of Akaku: Maui Community Television

Public access media advocate Sean McLaughlin was ousted from his position as president and CEO of Akaku: Maui Community Television by a close 8-7 vote during a board of directors meeting on Wednesday night. The deciding vote was cast by newly appointed director Charlie Jencks, a land developer who had been part of a move during the last legislative session to gut the organization's funding. That effort, spearheaded by developer Everett Dowling, was widely believed to have been motivated by anger over the use of Akaku's broadcast facilities by community organizations opposing key development projects.

Jencks was appointed less than a week before. The letter making the appointment is dated last Friday, July 8, and signed by Department of Commerce and Consumer Affairs Director Mark Recktenwald.

In the letter, Recktenwald says Jencks was selected "at Akaku's request", although McLaughlin later said there is no public record of Akaku's board making such a request.

In a written statement distributed yesterday, McLaughlin said:

"I am saddened and disappointed over the Board's decision yesterday to terminate my employment as president & CEO of Akaku: Maui Community TV. Unfortunately, the Board's decision was politically motivated and in violation of state and federal laws.

I will be seeking legal counsel to evaluate my options."

McLaughlin is credited with building Akaku's strong county-wide broadcast presence and national reputation for excellence, but has been at odds with state cable regulators for several years over their failure to strictly enforce compliance with prior agreements involving Oceanic Cable, which now holds a statewide monopoly on cable service.

SOURCE: http://www.ilind.net/2005/july/jul10-16.html

And update on the Adventures of Snow White and the Seven Dwarfs

First of all, let’s sort out the various requests, responses and lawsuits surrounding the fundamental issue of Open Government. Hawaii Revised Statutes Chapter 92 (the Sunshine

Capter 92-1 Declaration of policy and intent . In a democracy, the people are vested with the ultimate decision-making power. Governmental agencies exist to aid the people in the formation and conduct of public policy. Opening up the governmental processes to public scrutiny and participation is the only viable and reasonable method of protecting the public’s interest. Therefore, the legislature declares that it is the policy of this State that the formation and conduct of public policy – the discussions, deliberations, decisions, and action of governmental agencies – shall be conducted as openly as possible. To implement this policy the legislature declares that:

(1)It is the intent of this part to protect the people’s right to know; (2) The provisions requiring open meetings shall be liberally constructed; and (3) The provisions providing for exceptions to the open meeting requirements shall be strictly construed against closed meetings.

The current Kauai County Council, under the chairmanship of Katipo Asing and aided and abetted by County Attorney Lani Nakazawa, has failed to comply with these simple and basic requirements of the law. Under the chairmanship of Ron Kouchi, the Council went into Executive Sessions 41 times during the two years 2001 to 2003. Since the Asing Council took charge the frequency at which the Council went into executive session has accelerated significantly. The Asing Council adopted the same numbering system to designate these sessions closed to the public, beginning with Executive Session 42. In the agenda for the Council meeting on July 14, 2005 there are four executive sessions, ending with ES-187.

In other words, since Kaipo Asing assumed the chairmanship of the Kauai County Council the body will have gone into secret sessions one hundred and forty-six times by the end of this week! What more need we say?

The current spate of activities began with members of the public requesting the release of the minutes of the ES-177 (January 20, 2005) in April, 2005. To date the Council has not responded to the request, despite numerous communications from the Office of Information Practices (OIP), the state agency charged with the responsibility of monitoring compliance with the Sunshine Law. Instead of complying with the Sunshine Law and releasing the information to the public the Kauai Council has filed a lawsuit against the OIP! The OIP has responded by asking the Fifth Circuit Court in Kauai to dismiss the County’s suit, on the basis of citations from various statutes which say, basically:

“…While a person has a right to bring a civil action in circuit court to appeal a denial of access to a government record, a government agency dissatisfied with an administrative ruling by the OIP does not have the right to bring an action in circuit court to contest the OIP ruling. The legislative intent for expediency and uniformity in providing access to government records would be frustrated by agencies suing each other.”

The OIP further cites HRS 632-1 (1993) which expressly provides that where a statute provides a special form of remedy, that remedy shall be followed – the “remedy” here being the release of government records to the public pursuant to the Sunshine Law.

The hearing by the Fifth Circuit on the OIP’s motion to dismiss the County suit is scheduled for August, 2005, at 1:00 p.m.

* * * * In the mean time, Walter Lewis (of Ohanal Kauai) and I have filed a request to the County Council for records on all executive sessions held since Kaipo Asing became the chairman. The Council, as expected, did not respond positively to our request within the ten-working-day statutory requirement, thus setting the stage for what would likely be a protracted court action, for which we are fully prepared to pursue. The County, in the person of the County Clerk, did communicate with us with a note that there would have to be some delay in releasing the records, because, I quote here from County Clerk’s letter to us:

“In order to assist in identifying and searching for the specific types of records described in your inquiry above, I am requesting a further description or clarification of requested records in instances where you may have any knowledge whatsoever (underscoring ours):

1. Where the authorization of the executive meeting pursuant to the recorded vote of two-thirds of the Kauai County Council members did not occur; or 2. Where the discussions and deliberations of the Council at the executive meeting did not strictly conform to a lawful purpose or subject described in the notice of such meeting.”

After scratching my head in wonderment I asked the rhetorical question “But that’s exactly parts of what we want to find out by reviewing the requested records!!” Our reply to the puzzling request from the County Clerk concluded with the following:

“…Please advise how you expected that we might have information as to the discussions and deliberations of the Council at the executive meetings and whether they strictly conformed to the purposes or subject described in the notice of the meeting when your office has withheld such information from public view. …”

This is getting weird! Some Prince Charming better come quick to the rescue of Snow White and the Seven Dwarfs!The amount of documents relevant to this open-government issue is increasing at some horrendous rate. Fortunately, Ed Coll has compiled the information on a website that will be continuously updated: http://kauai.net/stauber/index.html which should help you keep up with the continuing misadventures of Snow White and the Seven Dwarfs.

Ray

Did Kekahu Foundation (KKCR) Falsify the Record?

Concerned citizens might want to attend the upcoming Kekahu Board Meeting thi Wednesday, July 13th, 7:00 p.m., at Hanalei Bay Resort.

Last night (4-27-05) I witnessed one of the most authoritarian displays of hubris, arrogance, corruption, and disdain for the community since the county sued itself to prevent giving citizens the property tax break they voted for.

I attended a Kekahu Foundation (KKCR) board meeting and bore witness to what appeared to be the Kekahu foundation board falsifying the board minutes.

HEAR IT FOR YOURSELF: http://kauai.net/flash/kkkcr.htm

The corruption of the record occurred when board minutes were approved redefining the board “retreat” as an “executive board meeting” It was important to redefine the retreat as an executive board meeting because one of the board members needed to be censured by the others for telling the KKCR Citizens Advisory Board (CAB) what occurred at the retreat. Had this retreat been an “executive meeting” telling the CAB what happened would have been prohibited. The Citizens Advisory Board is mandated by the Corporation for Public Broadcasting (CPB) as a condition of receiving CPB funds, and speaks for the community.

Despite the fact that not one board member present could (for sure) remember;

1. when the motion to hold an executive board meeting occurred,

2. who made the motion,

3. who seconded the motion, or

4 .if they themselves voted for or against the motion -- the minutes were approved defining a "retreat" as an executive session with one nay vote.

The board member voting nay said;

1. the vote to enter into an executive meeting never occurred, and

2. the retreat was not an executive meeting.

The sole board member that voted nay to approving the bogus minutes was a founding member of KKCR, and could remember way back to the founding charter that gave every contributing member a vote to elect the board

For years the Kekahu Board has been openly hostile to the Citizens Advisory Board because the CAB has consistently “advised” the board that KKCR contributing members should get something besides a CD and a big Mahalo for supporting KKCR – like a vote to elect the board. Some of the current board members were part of a bloodless coup that installed them in power. This coup was accomplished by redefining voting rights for contributing members to voting rights for board members only. Now they resent being made to feel guilty by the CAB's constant calling for a restoration of democracy.

The board of course would prefer to elect itself, and evidently spent a great deal of the “retreat” discussing how to rewrite the mission to further disenfranchise the KKCR members (who foot the bill). I'm disgusted by such elitism posing as community service. It's self service. I will have no hand in it. But don't take my word for what happened. Click on the like below to hear a flash audio file for yourself and decide if indeed the Kekahu Board falsified the minutes.

HEAR IT FOR YOURSELF: http://kauai.net/flash/kkkcr.htm

Concerned citizens might want to attend the upcoming Kekahu Board Meeting thi Wednesday, July 13th, 7:00 p.m., at Hanalei Bay Resort.

Ed Coll – KKCR Founding Member, Former Citizen's Advisory Board Member.

County County investigates police commission for seeking advice from citizen panel

I was channel surfing Sat. night and came across Kaipo Asing, our County Council chairman, making a long-winded, rambling, self-serving presentation defending the right of the County Council to investigate the police commission. The point (when he actually made a point) was that the police commission is mentioned in the charter under the police department (even though it is appointed by the mayor) – and since the council can investigate any department it can investigate the commission. A bit of doublespeak – but let us concede that the council has jurisdiction

But, what was the police commission’s misdeed that led to the investigation? Apparently it was the commission’s attempt to get advice from a citizen’s panel before making their decision on a new police chief. Mr. Asing’s contention was that since the county charter did not mention a citizen panel, such a panel was illegal – and was so declared by their puppet county attorney. A brief review of the county charter (you can see it for yourself at http://www.kauai.gov/portals/0/county_attorney/kauai_county_charter.pdf )reveals that the charter gives the police commission the authority to adopt rules necessary for the conduct of its business. No mention of Chief of Police selection is made in this section of the charter. In the next charter selection defining the Chief of Police, it says that the chief shall be appointed by the police commission. It further gives minimum requirements for the position. It does NOT state how the police commission should go about the selection process. Nowhere does it state that the commission should interview the candidates for the job. Using Mr. Asing’s ‘logic’, these interviews should also be illegal since they are not mentioned. Perhaps the police chief should be chosen by drawing names from a hat or throwing darts at the telephone book

I am not personally acquainted with any of the police commissioners other than Michael Ching who is one of the most moderate and most concerned people I have met here on Kauai. As an example, after I wrote a letter complaining about the 5 hour road closure here on the North Shore, Michael Ching called to give me the official police reason for the delay. It was obvious that he, too, cared about the citizens of our island. I commend all of the police commissioners for serving our county in spite of the shenanigans of the county council. Note that Mr. Ching, who does not get paid for his work as police commission chair, is paying for his own lawyer to obtain ‘secret’ records while the county council has appropriated $100,000 of taxpayer money to ‘defend’ itself

Of course, this disregard for the citizens of our island seems to be endemic within the council. That is probably why they became so angry when the police commission wanted to get input from those outside county government. I also admire those citizens who regularly attend council meetings and provide input. It must be very much like talking to a brick wall. It is interesting to note that the county charter does not use the word ‘citizen’ at all – except to define which county officials must be citizens – or ‘taxpayer’. The word ‘public’ appears 84 times – and public hearings are required for a variety of things. Nowhere does the charter state that the public should be paid attention to. Under Mr. Asing’s interpretation, it would be illegal to use anything stated by the public in the course of decision-making. It must be hard on them to listen to the public input and then get instant insomnia so as not to break the law. But they seem able to manage it easily – alas

November 2006 will be here soon enough. I hope we all remember what has gone on and get rid of all of the seven dwarves once and for all

Stan Godes

Links to Primary Documents

The following are links to primary source documents. Investigativejournalist best practices is to go to the source document for verification of fats. Reliance on secondary sources often contain interpertations of primary sources distorting facts then opinions.

Sunshine Law - Open Meetings(Chapter 92)

Uniform Information Practices Act (UIPA) - Open Records Law (Chapter 92F)

Kauai County Charter

County of Kauai Website

Suffering Fools

A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear: Cicero Marcus Tullius - Born on January 3, 106 BC and was murdered on December 7, 43 BC.

http://www.iep.utm.edu/c/cicero.htm

Summary Judgement: PEG's not state agency - Records not Public - OIP will not offer assistance obtaining records

June 15, 2005:

NOTICE REGARDING PUBLIC, EDUCATIONAL,

AND GOVERNMENT ACCESS PROVIDERS

The First Circuit Court recently granted summary judgment to 'Olelo in its lawsuit seeking a declaration that it is not an agency for UIPA purposes. No written order has yet been issued. However, based on the oral ruling, OIP will not be accepting new requests for assistance regarding 'Olelo or other PEG providers until further notice. OIP will provide updates on this issue as needed on this website http://hawaii.gov/oip/whatsnew.html