December 2005

Brown Water Advisory of Poipu Beach, Kauai

The Clean Water Branch of the Department of Health is issuing a Brown Water Advisory of Poipu Beach, Kauai. Water sample test indicate high levels of indicator bacteria that is related to the recent construction activity at the beach. The public is advised to stay out of the turbid waters fronting the lifeguard stand for a few days. The Clean Water Branch recently responded to a complaint on the construction activity at Poipu Beach and during scheduled monitoring of the beach, discovered the high levels of indicator bacteria.

Watson Okubo
Clean Water Branch
State of Hawaii Department of Health
Phone: (808) 586 - 4309

Make Charter Commission Permanent

CHARTER COMMISSION SCHEDULE

I want to say a word about the commission’s schedule. It is clear that you have decided you will not work past the 2006 election. I can understand your decision, and I have no quarrel with it. I served for about a year on the Salary Commission and I know how demanding it can be for anyone who takes commission responsibilities seriously.

What I would like to see is for the commission to take responsibility for your decision. Article 24 gives you a time limit of ten years. Even the convoluted opinion you received from the County Attorney would allow each of you to serve three additional years. So I take exception to statements from commissioners about the time constraints you are working under. Those constraints have not been imposed on you. You have chosen them.

You have already demonstrated in a number of ways how a commission can function more effectively and serve more effectively as a countervailing force in the political structure. I would hate to see you tarnish your record by continuing to imply that you are working under time constraints imposed on you when in fact you have set your own limits.

I would also like to urge you to make it a priority to propose making this commission a permanent commission. Before you finish you will have looked at numerous issues and accumulated a vast amount of information. Under the present system much of your learning will be lost and continuity will be lost. During the next ten years all charter amendments will come out of the Council, with the possible exception of a citizen’s initiative. There is no way the Council will devote the kind of attention and time to the Charter that this commission is devoting. But if this becomes a permanent commission, the next group can build on your work, the next can build on their work, and so on.

In my view, one of the greatest benefits of a permanent commission would be an unbroken process of public education, which is the foundation of democratic processes. It is also worth noting that, even without considering a re-write of the Charter, all commissions have struggled with the question of how many amendments can reasonably be placed on the ballot at one time. A permanent commission would ease that pressure considerably and make the process a more orderly one.

Pinkerton vs. Kauai Cops

Krstafer Pinkerton

PINKERTON Computer & Network Analyst

Phone: 808 742 6827 Cell : 808 634 0159 Fax : 253 541 7629

The first complaint I lodged with the Chief November 22, 2005. This new one will be submitted before the deadline. The same Officer had me served with a TRO Protective Order Dec 16, 2005. I feel this tactic is to have me falsely accused of violating this Protective Order so my $10,000.00 bond revoked and I sit in jail till the jury trial is complete.

TO: Chief of Police, K.C. Lum & County of Kauai Police Commission c/o Office of the Mayor 4444 Rice St, Suite 235 Lihue, Hi 96766

FROM: Krstafer Wade De Pinkerton P.O. Box 1643 3835 Olona St. Koloa, Hi 96756

Re: Report # 2005-27805 & 2005-(XXXXX) unknown, arrest date DEC 14 2005

I hereby request for the opening of an Official Investigation into Officer Asuncion’s misconduct. This request stems from incidents on October 23 2005 where Officer Asuncion has falsified his police report. He has also made another false police report on December 13 2005 which led to my FALSE arrest, initiating two new felony charges.. My request for Police assistance went unanswered when I wanted to make a complaint for Officer Asuncion’s harassment towards me. This officer’s harassment at the Koloa School Function is in clear violation of Article Title 18, U.S.C., Section 245 under the Federally Protected Activities. This Officer is also in clear violation of Title 42, U.S.C., Section 14141 Pattern and Practice, and Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law.

Good Day;

This document has excerpts from the Kauai Police Dispatch Logs, which indicate past involvement with officers and my concern raised over a vehicle ownership (PINKERTON owner) which was involved a high speed pursuit back in September, 2005 and found abandoned down the dead end at the Kiahuna Plantation in Poipu, Kauai, Hawaii.

July 22, 2005 I discuss with Officer Asuncion my complaint. I told Officer Asuncion that Mr. Spiegel was defaming my character by telling his friends that I was a pervert, convicted rapist and a convicted molester. I asked Officer Asuncion if he would talk to him and have him stop harassing me. I told him I did not want to file charges; I just want the harassment to stop.

Harassment 7/22/2005 9:07:15AM 7/22/2005 8:22:28AM 4 05-07-003379 R-Report Reported By: KRSTAFER PINKERTON Sector: 0 Community: KAUAI Location: Report-No.: 2005-19166 Unit Assigned: 215Asuncion01588 Spiegel intimidation tactics/harassment, defamation of character, slander.

October 22, 2005 Officers come to my house to discuss the ownership of Vehicle KTN 010.

Mis Pub Other 10/22/2005 4:48:22PM 10/22/2005 3:54:36PM 7 05-10-002528 MS-MIS PUB Reported By: Krstafer Pinkerton Sector: 0 (I never called this in) Community: Koloa Location: Report-No.: 2005-27745 Unit Assigned: 175Stulpe01849

UCPV 10/22/2005 6:03:15PM 10/22/2005 5:24:42PM (I never called this in) 14 05-10-002536 MS-MIS PUB Reported By: Krystafer Pinkerton Sector: 0 Community: Koloa Location: Report-No.: 2005-27752 Unit Assigned: 145Nero01881

I learn a new "police term", Officer Stulpe offers the term, it is called "MURAOKA" that means when an Officer takes a knife or ice pick to flatten not one but two tires so the car cannot be driven, less the chances of the vehicle having two spare tires. After they leave I immediately set out to locate the vehicle.

October 23 2005 07:25 While searching for the car, I was stopped at Koloa School, fronting Paanau Rd. I was on the phone with KPD dispatch at approximately 07:25, the same time when I saw Officer Gilbert Asuncion heading out off Paanau towards Poipu Rd. when I flagged him into the parking lot to ask for to ask for his assistance with the Datsun KTN 036 Brown 4 Door Station Wagon vehicle.

I recognize Gilbert Asuncion, Officer 215Asuncion because he lives three blocks away from me and used to work at the Koloa Big Save in the meat department few years ago prior to joining KPD. I have lived on Kauai almost 18 years and 12 of that in Koloa.

I explained him of how I gave it to my friend’s son 3 years ago and I told him who has the vehicle currently, Josh Sesco, who currently works at Koloa Big Save. We discussed the legalities, and my responsibilities for being the current owner.

I asked him why this car was not impounded when they found it abandoned in Kiahuna after being chased by officers. I asked him for his help and indicated I would like him to "muraoka" the tire, that is to flat the tire if he has the opportunity & I asked him how he can cite the registered owner but he won’t help me to repossess the vehicle and get it off the road. I gave him my cell number and house number in case he might run across it, he wrote it down on a paper he had in his vehicle. He informed me that if I try to take the vehicle or flat the vehicles tires and if he determines I am found to be breaking the law then he would have to arrest me.

October 23 2005 7:40am till 12:00pm I drove home and accomplished more yard work and groomed our dogs and puppies till around 12:00 and which time I needed to move my truck as it is parked next-door at Mrs. Mary Abara’s house per her request.

October 23, 2005 12:00pm I got into my truck, rolled down the windows as it had been sitting since the night before and was hot inside. Drove down the street to circulate the oil in the engine and returned back onto Olona St where I live and was now going to clean out my truck and have it washed.

There are three gates on our property that keep our dogs safe from vehicles and people safe from our dogs.

Heading home down Olona ST with the windows down, I pull to the opposite side of the road so I can open the gate in order to wash my truck in the yard. I notice a gold Malibu KWE 889 at the end of the cul-de-sac in front of Mary Abara’s house in a stopped position. When I came to a stop, nearly 20 feel parallel with them on the opposite side of the road, I put my vehicle in park, the gold Malibu then attempted to complete the cul-de-sac. The woman was driving, she had her window down too, I heard her say, "Move your truck, you are blocking my way!"

The demanding demeanor in her tone was quite startling. I noticed the vehicle and occupants from the past few days as I have seen them in our neighborhood driving, looking at each house as if they were looking for somebody or something.

Then I asked them, "Are you looking for someone or something and could I help you".

They heard the police scanner transmission from my vehicle and asked, "Why, are you an officer?"

I thought this a strange question along with the demand to move my vehicle that I was "blocking their way" and I said "Why, can’t I be a concerned citizen?"

"I will move my vehicle in a moment."

They say to me, "Show me your badge, show me your badge!" Suddenly the man in the passenger side jumps out and rushes to my door, he takes out his camera phone and starts taking pictures of me in my truck and he says, "I’m a concerned citizen too but I don’t go around blocking people in and harassing them!"

I say to him, "I’m no cop, I don’t have a badge, I live here and just look out for the community and try to be helpful".

I wanted to get out of my truck to open the gate but the man is standing at my door I don’t want him to think I am being hostile by getting out of my truck so I remain in my truck, I notice the woman driver on the phone, probably placing a 911 call, I call to her and tell her to "call 241 1711", and say, "my name is Pinkerton, tell them to come

Harassment 10/23/2005 12:46:53PM 10/23/2005 12:14:10PM 17 05-10-002594 R-Report Reported By: MARY CAMPBELL (resides in Sacramento, Ca) Sector: 0 Community: KOLOA Location: OHUOHU / WAILAAU (incident fronting Pinkerton Residence, Pinkerton remained in vehicle) Report-No.: 2005-27805 Unit Assigned: 215Asuncion01588

Harassment 10/23/2005 5:43:29PM 10/23/2005 5:42:28PM 16 05-10-002642 R-Report Reported By: KPD Lihue, per G. Asuncion Sector: 0 Community: Koloa Location: Olona RD Report-No.: 2005-27835 Unit Assigned: 215Asuncion01588

Harassment 10/23/2005 5:44:39PM 10/23/2005 5:42:41PM 17 05-10-002643 R-Report Reported By: KPD Lihue, per G. Asuncion Sector: 0 Community: Koloa Location: Olona RD Report-No.: 2005-27836 Unit Assigned: 215Asuncion01588

While no Investigating Officer went down to the alleged crime scene to interview witnesses, 3 hours and 56 minutes later there is still no investigation. Office Asuncion does not call Pinkerton on the phone numbers Pinkerton gave him that morning at Koloa School when Pinkerton requested his service to reposes a vehicle Pinkerton was legal owner of. This is when Officer Asuncion's first time of Depriving Pinkerton of his Civil Rights Under Color of Law as stated in Title 18, U.S.C., Section 242, Officer Asuncion filed KPD Report #05-10-002642 of Harassment 10/23/2005 5:43:29PM, and Report #05-10-002643 yet does not file a report for IMPERSONATING AN OFFICER IN THE SECOND DEGREE. Officer Asuncion does not tell Pinkerton he was involved with the same vehicle back in September.

The Incident Report Officer Asuncion filed divulges key information. Pinkerton called from phone number 808-639-0633 on SUN 10/23/2005 at 7:10AM called 808-241-1711 LIHUE HI spoke for 9 minutes discussing Pinkerton's concern to reposes this vehicle. Officer Asuncion was flagged down fronting Koloa School per his statement our meeting but leaves out the conversation we had which was Pinkerton's request for assistance to reposes a vehicle Pinkerton was still legal owner of. Pinkerton gave Officer Asuncion all his phone number's including the 808-639-0633 number which is reflected in his "investigation". Officer Asuncion refused help and offered Pinkerton no resolve. Officer Asuncion stated to Pinkerton that if he was found to be violating the law then Officer Asuncion would have Pinkerton arrested. The Incident Report divulges key information. When and where did Officer get 808-639-0633 to put into his investigation report? The call log on all phone records, 808 742 6827, 808 634 0159, and 808 639 0633 will prove there was no attempt to phone Pinkerton at any phone numbers provided. Officer Asuncion's statement was that he was unable to contact or locate Pinkerton, despite having all his information.

Why are there 3 reports on the Kauai Police Dispatch Log of Harassment yet none for IMPERSONATING AN OFFICER IN THE SECOND DEGREE?

Why does the prosecution later drop the Harassment charges but pursue a false charge IMPERSONATING AN OFFICER IN THE SECOND DEGREE of which they have no witnesses for? Officer's testimony is not admissible based on the fact that it is hearsay. In jury trial Pinkerton has the right to face his accusers. The alleged victims live in Sacramento, Ca.

November 22 2005, I submitted my formal complaint with the Chief of Police requesting for an official investigation into officer Asuncion of misconduct and inability to uphold the Kauai Police Departments Mission Statement.

Why does the prosecution later drop the Harassment charges but pursue a false charge IMPERSONATING AN OFFICER IN THE SECOND DEGREE of which they have no witnesses for? Officer's testimony is not admissible based on the fact that it is hearsay. In jury trial Pinkerton has the right to face his accusers. The alleged victims live in Sacramento, Ca. By trumping up some charges to set up Pinkerton, is the County planning to bring back the alleged victims because now there is a "felony" added to the false charges and false case of prosecution?

November 29, 2005 Pinkerton appears in court for arraignment Pinkerton is Pro Se (representing himself). The Prosecution hands Pinkerton his Motion for Discovery and he is formally charged with HRS 710-1016.7 (LC05-974).

December 13, 2005 Pinkerton appears in court Pinkerton Pleads, "NOT GUILTY, I REQUEST A JURY TRIAL" Next court date Dec 22, 2005 9:00am for jury trial.

December 13, 2005 at roughly 6:35 pm, I went to Koloa School for a function my son had. I noticed a patrol car in the back by the school playground. I parked at the library. Thinking something might be up and curious to see if the officer at the school was one of my friends, I walked to where the vehicle was. I looked around and could not see an officer so I went towards the cafeteria to see if my kids were there waiting for me. About 40 feet from the door that opened up, a man came out and said, "HEY, WHAT ARE YOU DOING HERE?!!?" The voice came from Officer Asuncion, whom I have filed a formal complaint against and it was filed, time and date stamped from the Police Chief‘s Office November 22, 2005 at 3:43pm.

As he was walking up to me, leaving the door he came out of, he came up to me and I said," I am here for a school function, but you know that my son goes to school here." I continued by saying, "Why are you here? Are you going to finish your investigation? Or are you going to harass me? Are you going to arrest me?

He steps closer literally touching his chest to my chest, he says to me, "I did my investigation"

I have to take a step backwards. I say to him, "You are harassing me"

He says, "What are you going to do about it?", as he leans closer, touching me again, leaning over me as he stands a few inches taller than me.

I say, "I’m’ through with you corrupt cops; I am going to make a complaint against you and then take this to the FBI."

Just then out of the darkness comes walking our way was the principal of Koloa School, Mrs. Badua. She approached us from behind me and continued towards us with my back to her. Officer Gilbert Asuncion says to her as she approaches and gets closer, "Excuse me, do you know this man?"

Principal Badua looked at me and said "yes".

Officer Asuncion then lied to her and stated, "take note, he is harassing me!"

At this time, I knew things were going to go down hill, feeling like he was entrapping me into some fraudulent charges based on the statement he had just made to Mrs. Badua. The fact that Officer Asuncion was 40 feet from his school-based office and was "in my face", turning the situation around as Mrs. Badua walked out of the darkness and saw us standing in the corridor, Officer Asuncion was about 40 feet from his post and in my face, touching me a couple times with his chest and he put his finger to my chest one time.

I had gone to Koloa School December 13 2005 for my sons’ event, with no intention of having a confrontation with Officer Asuncion. Despite knowing I had to contact the police and file a complaint, I went into the cafeteria and signed in. I sat down and was so disturbed by the confrontation by Officer Asuncion that I had to leave. I knew I had to file my complaint with KPD and get the FBI involved based on the events that had just transpired.

I contacted the KPD Dispatch and the woman who answered was literally yelling at me and I asked her to speak softly, she lowered her tone and mentions something about "people like you who listen to scanners", then hung up.

I called Sergeant Carl Oliver and tried to get them involved. Carl Oliver said, "Can’t you take a joke?" then hung up.

I called KPD Dispatch several times wanting to speak to a watch sergeant but was told by KPD Dispatch that the only two on were Rosa and Agni. I have had encounters with both these officers, have seen Agni’s name appear on the incident report filed by Asuncion, who had me arrested October 24, 2005 based on falsifying a police report , and have been pulled over by Rosa experiencing his version of justice and have heard stories about how unjust and crooked he is too. I told KPD Dispatch that I am waiting for their call to discuss this that I do not want to see them in person as I do not trust anybody on duty. I made several calls to the FBI and left messages and a complaint about this officer but did not hear back from their field agent.

I called back KPD Dispatch again to discuss why no body had contacted me yet. When they acted surprised that Officers Rosa and Agni did not return my call, I told them to never mind because I was in touch with the FBI and was going to hand over this matter to them and I would also come to the Police Department the next day to make a complaint.

I find out the next day, being awakened by officers shouting my name at my residence at 02:30 in the morning that Officer Asuncion made false allegations and the demeanor of these officers telling me that they just wanted to talk to me to come outside the gate, led me to believe what I had presumed Officer Asuncion’s statement to Principle Badua intention that they were there to arrest me.

I told them that they are violating my civil rights and depriving me of my constitutional rights under the color of law. After repeatedly telling Officers Okamoto and Officer X to stop crossing over our fence I finally get the truth from them that they are here to arrest me for 2 felonies. I asked them to produce an arrest warrant and am told they do not have it with them. I ask them to produce some sort of documentation and if they do, I will submit and go with them.

After repeated requests for officers to get off our property, Rosalind comes out of the house with some clothes for me to wear as I was in my underwear. I decided to not delay their intentions, knowing if they are after me now, then they will be after me later and probably with an arrest warrant. I know justice will prevail and I have complete faith in the judicial system with regards to a trial by a jury of my peers.

After I got dressed I say this to my children, "kids, the minute I step out of the gate these officers are going to put handcuffs on me. Don’t worry, I will be ok", then I go on the other side of the gate, Officer Okamoto and the other unidentified officer handcuff me. As I am cuffed, out of the darkness comes walking towards us from near where my truck is parked one house north of my residence in Mary Abara’s driveway is Officer Gilbert Asuncion, still in uniform, but why is he there when his shift is finished at 23:00 hrs? It is now 02:30am, 3 ½ hours after this officer was supposed to be off shift. Mary Abara has requested me to park my truck there for her safety.

I do have a comment on the arresting officers that night. They needed to have produced the Arrest Warrant; they should not have trespassed over our gate with repeated orders by me that they are trespassing and to retreat back on their side. He made threats to put our dogs down if they make a move for them. If our dogs would have attacked them, this would show that they are making illegal entry and trespassing by crossing over our gates. If they did produce a warrant I would have restrained my dogs.

I am taken to the cell block, booked and held for almost ten hours.

Officer Asuncion has me served with a TRO on Dec, 16, 2005.

Now, as a result of this protective order, if I am in violation of this I loose my bail and remained jailed for the duration of my jury trial. In my job role as a Computer and Network Analyst, I can be called to any business, federal facility, Post Office, or residence on Kauai. I am now deprived of my civil liberties under the color of law, limiting where I can go based on the TRO, I could be in violation just by going to the Koloa Post Office to install a Cisco router. I could be in violation if the Amber Alert System at the prosecutor's office needs an upgrade or swapped out and I get the work order to perform the service.

My entire family is traumatized by this officer’s retaliation against me for filing a complaint November 22, 2005 due to his lack of investigation and inability to uphold the Kauai Police Mission Statement.

My family and I are victims and have been impacted by this officer's crime financially, physically, and emotionally. I have now an increased concern for the personal safety of my family members. At times, feeling overwhelmed. I am restless due to going over the circumstances of the crime again and again. I am experiencing trouble concentrating, a loss of appetite, and a loss of sleep. This is causing us undue and unnecessary difficulties from financial loss. My entire family and I have feelings of vulnerability and helplessness.

If I am alleged to terroristic threaten this officer, then why did he not arrest me then. Why? Because he needed time to have fellow officers come and cover for his wrongdoings.

As for the witness, Mrs. Badua, she came from behind and could not have heard him or me as my back was to her and there was background noise from the cafeteria. She did see that he was away from his post about 40 feet. This officer made a false police report resulting in my arrest and charged with 2 felonies. This officer’s normal shift ends at 23:00 hrs but was outside my house in uniform on Dec 14, 02:30 AM.

My civil liberties have been violated under the color of law and continue to be violated while these charges are being processed for prosecution.

Once again, my family and I are victims and have been impacted by this officer’s crime financially, physically, and emotionally. I have now an increased concern for the personal safety of my family members. At times, feeling overwhelmed. I am restless due to going over the circumstances of the crime again and again. I am experiencing trouble concentrating, a loss of appetite, and a loss of sleep. This is causing us unjust and unnecessary difficulties from financial loss. My entire family has feelings of vulnerability and helplessness.

Terr Threat 12/13/2005 7:39:55PM 12/13/2005 7:36:09PM 23 05-12-001439 R-Report Reported By: KPD WAIMEA PER OFCR D. MCCALLUM Sector: 0 Community: KOLOA Location: KOLOA SCHOOL Report-No.: 2005-32522 Unit Assigned: 602MarshallMichael

Intimidate Witness 12/13/2005 7:38:57PM 12/13/2005 7:37:22PM 24 05-12-001440 R-Report Reported By: KPD WAIMEA PER OFCR D. MCCALLUM Sector: 0 Community: KOLOA Location: KOLOA SCHOOL Report-No.: 2005-32523 Unit Assigned: 219McCallum01666

December 16, 2005, Kauai Police Officers serve me with a Protective Order, (TRO). Officer Asuncion has filed a TRO against me. Why does an Offcier of the Law need to be protected from a civilian? I am the person who requested assistance from this Officer October 23, 2005 at 07:25 a.m. but was refused.

Krstafer Pinkerton

PINKERTON Computer & Network Analyst

Phone: 808 742 6827 Cell : 808 634 0159 Fax : 253 541 7629

Solid Waste Insanity

The Garden Island had a big spread today about the great new plans of the Department of Public Works to deal with our solid waste management problems, as I alluded to in my last commentary. When is this government going to stop this insanity of endlessly looking for the magic bullet to solve all our solid waste problems? Before answering this rhetorical question it is absolutely essential that we recognize a few fundamental facts.

1.There are existing methods for processing solid waste to fit all sizes of communities and all types of waste.

2.There are no magic bullets.

3.The solid waste issues on Kauai are not unique or fundamentally different from those of similar size communities in all the civilized countries.

4. It does not require any consultants to tell us what to do if we have any intelligent and competent managers at all. We basically just open some catalogs to pick out the system to adopt.

5. The public should recognize that our state’s home-grown consultants have a reputation of being an important cog in the corruption machine that dominates significant parts of our county and state governments.

We don’t need to spend another quarter million dollars on another consultant report, because this county came very close to launch a real program to deal with its solid waste management problems back in 1999. This is the history:

By some strange twist of fate and without the help of a consultant this county did stumble almost into a solution to its solid waste problems in 1999, with the issuance of a request for proposal to the waste industry to come up with a facility to divert a significant part of our total waste stream so as to extend the life of the Kekaha Landfill. A small number of qualified bidders were invited to present their proposals to the public at the Convention Center. If I remember correctly, there were two German outfits, one Canadian, one American and one home-grown (Gay and Robinson). With the exception of Gay and Robinson, all had existing solid waste processing facilities of various sizes in operation. G & R, which had an existing facility for burning bagasse (the waste cane after the extraction of sugar) to get rid of it and, as a by-product, generate some electricity for its own consumption, offered to modify the facility to handle municipal solid waste.

All these proposals had an essential feature the importance of which our financial and legal people did not seem to understand. Each of these proposed facilities would be built by and at the expense of the proposer on county land, and would recover its investment through charging the county or a commercial hauler a tipping fee ($ per ton of incoming waste) and selling on the open market some of the useful end products of the facility’s operation. Besides certain amounts of waste heat and waste gases the useful products, aside from inert ash or solids, would be heat, solid or liquid fuel, electricity, fertilizer. It is important to recognize that these useful by-products do not constitute any significant dollar value compared to the over-all cost of the solid waste operation. It is a simple mistake, borne of technical illiteracy, to place a high value to these by-products, such as the frequent reference to the process of waste-to-energy conversion as if that were of some importance. The goal is to reduce the volume and weight of the waste stream as much as possible so as to extend the life of the landfill. The typical municipal solid waste can hardly be considered an efficient fuel. For example, burning all 220 tons per day of our solid waste (the figure quoted from the Garden Island report, which I think is a bit too high) would only produce at most about 10mw of electricity, not much compared to the over 100mw KIUC generates.

Did the county enter into a contract with any of the finalists? No, it did not; because one bidder who was deemed unqualified, threatened to sue the county. This was the infamous Plasma Arc outfit that was nothing short of a scam; yet the county let this opportunity go by; and asked the Council for another $165,000 to re-bid the project, which the Administration never did, though the $165,000 disappeared. Since then nothing has happened. No new landfill sited, no effort at achieving meaningful recycling; the feeble attempt at utilizing the Resource Center (popularly known as the White Elephant) in order to satisfy the condition by which the federal government gave the county $2.5 million to build the Center turned into a legal nightmare which is not yet resolved. After paying a consultant $100,000 to develop a set of criteria for siting a new landfill that turned out to be useless, the county proposed to build a new landfill in Hanalmaulu, only to be shot down by the community under the federal doctrine of Environmental Justice. (EJ was a doctrine promulgated by President Clinton to stop the practice of highly polluting chemical plants moving from the Mid West into economically disadvantaged neighborhoods in the South.)

The only other event of some note was the illegal stockpiling of mixed waste at the Lihue Transfer Station over a period of some seven years until there was no more space when a fire of suspicious origin miraculously eliminated the evidence one fine day in July 2004. A complaint filed by the Limu Coalition to the Division of Solid and Hazardous Waste of the State Department of Health in August was never answered. The case is now believed to be at the Environmental Crimes Unit of the State Attorney General’s office.

With elections coming up in less than a year the politicians have pulled out their perennial slogan of solving the county’s solid waste problem, this time with the idea of filling up the space between the old Kekaha Landfill and the current Phase 2 Kekaha Landfill, sort of filling the space between two adjacent pyramids with an inverted pyramid. Again, as with the latest vertical 25-foot expansion, the community of Kekaha was not consulted. It is quite likely that this not very smart idea will be killed by the Kekaha community invoking the Environmental Justice Doctrine.

Since the county has a deep pocket lined with the ever-rising property tax exacted from the home owners on this island, another several hundred thousand dollars will be given to some consultant to develop yet another Plan, thus putting off again the onus of taking meaningful action, confident that the county’s consultant will again be able to negotiate another series of permits from the Division of Solid and Hazardous Waste in Honolulu, unless the move is thwarted by the feds waving the EJ banner.

The people on this island are highly unlikely to get a new landfill or some magical waste converter; but the politicians will have plenty to brag about between now and next November.

Charter Commission's Mandate

In his recent appearance before the Charter Commission, which was aired on Hoike, Council Chair Asing made the point that the problems in government stem from the people in government, not from the Charter. The net effect of his message to the Commission and the public is that there is no need to consider any substantial changes in the Charter because it is just fine as it stands. In this regard he agrees with Mayor Baptiste, who has described the commission’s task as one of “tweaking” the Charter.

What Mr. Asing says about the importance of selecting the right people is true, but it is not the whole truth. In terms of getting the job done, who gets elected or appointed is more important that what is written on paper. But what is written (the Charter) determines what powers elected officials may lay claim to, provides the basis on which the people may petition or challenge the government, and creates the framework within which the countervailing powers of government may exercise checks and balances on each other. For these reasons fashioning the best possible Charter is vitally important.

Mr. Asing’s remarks also bypassed the Charter Commission’s mandate. The Commission has the unique task of assessing the workings of government and deciding what changes may be needed in the Charter. There are no restrictions in their mandate. They may recommend no change, one change, or a totally updated Charter (“new charter”). For the commissioners to begin with the assumption that nothing more than “tweaks” in the Charter are required would be gross dereliction on their part.

The key point is that the Charter Commission, more than any other agency, can fulfill its mandate only by searching out the evidence, discussing and debating the evidence with each other and with everyone else, and making decisions based on the evidence. It is the most fundamental form of the democratic process in County government.

For the work of the Charter Commission to be swallowed up in the political realities of local government, where vague generalizations and veiled pronouncements are the order of the day and where authoritarianism often prevails, would be a lost opportunity for us all. It may be that only a much greater public interest and participation in the Commission’s work than has yet been manifested can prevent such an outcome.

Horace Stoessel