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Rob Tucker
Kama'aina

9908 Posts

Posted - 07/15/2009 :  06:42:36  Show Profile  Reply with Quote
From KOHALA BLOG: A Kohala point of view by one of its residents: Margaret Wille. In my opinion...

Council Committee Meetings suspended ...Corporation Counsel to meet with Council on the 22nd Regarding "Coup" Lawsuit
Submitted by margaretwille.com on 14 July 2009 - 8:16pm

As of today all County Council Committee meetings scheduled for Tuesday the 21st have been canceled and no agendas will be filed. Corporation Counsel will meet with the Council at the scheduled Wednesday the 22nd Council meeting regarding status of the lawsuit filed by attorney Robert Kim on behalf of West Hawaii Today. The Council will then decide how to proceed.

I expect that the relevant legal issue is that in the event the Sunshine Law was violated, then decisions of the Council are "voidable".

Rob Tucker
Kama'aina

9908 Posts

Posted - 07/15/2009 :  06:51:32  Show Profile  Reply with Quote
It would appear that our County Corporation Counsel is blinking. After providing an opinion to the Council that any violations of the Sunshine Law would be taken care of my merely fessing up - this action of suspending counsel meetings would appear to highlight his reappraisal of the situation.

You have to remember that Lincoln Ashida, Corporation Counsel, is wrong about as much as he is right. 50/50. Flip a coin. He's lost some big ones.

The Sunshine Law violations under discussion are the leading edge of the Council Coup in which our most senior and competent council members were tossed out of their committee chairs by our neophyte and least experienced council members. Emily Naeole was also positioned as Vice Chair of the Council. A position for which she is eminently unsuited.

This whole mess could have been avoided with competent leadership from Council Chair Yoshimoto, an attorney himself, who seems to do things he should be smart enough to know better. And then our Mayor, another lawyer, was apparently unable to bring any leadership to the situation either.

It never ceases to amaze me how supposed "professionals" turn in amateur performances. This whole affair can't be helping Yoshimoto's hourly rate in his private practice.


Punaweb moderator
Assume the best and ask questions.

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Bob Orts
Punatic

1640 Posts

Posted - 07/15/2009 :  07:47:08  Show Profile  Reply with Quote
Isn't this the exact same mess the Honolulu County Council got themselves in trouble for?
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JerryCarr
Punatic

2395 Posts

Posted - 07/15/2009 :  08:09:09  Show Profile  Reply with Quote
It will be interesting to see how this plays out. The nearly toothless Sunshine Law does not have a history of strict enforcement or serious penalties on those occasions when it has been enforced. Somebody must be worried about some very deep doo-doo to be cancelling Council committee meetings.

As far as the Council Chair goes, I am sure the Mr. Yoshimoto is making arrangements for perfect attendance in order to avoid the near-certain embarrassment of Emily Naeole presiding over a full meeting.
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John S. Rabi
Punatic

USA
2843 Posts

Posted - 07/15/2009 :  08:50:23  Show Profile  Visit John S. Rabi's Homepage  Reply with Quote
Rob, I think that is the biggest problem, the two attorneys! They all think they know better until it's up to the Judge to decide!

Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
808.989.1314
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
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Rob Tucker
Kama'aina

9908 Posts

Posted - 07/15/2009 :  08:57:24  Show Profile  Reply with Quote
Three attorneys: Yoshimoto, Ashida and Kenoi.

More detail in the HTH today...

http://www.hawaiitribune-herald.com/articles/2009/07/15/local_news/local03.txt
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lostboystoy
Da Kine

USA
489 Posts

Posted - 07/15/2009 :  13:25:45  Show Profile  Reply with Quote
Why isn't this thread in the politics forum where it belongs?

setting my soul free....
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Rob Tucker
Kama'aina

9908 Posts

Posted - 07/15/2009 :  13:28:47  Show Profile  Reply with Quote
You're right. I'll move it over.

Assume the best and ask questions.

Punaweb moderator
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james weatherford
Punatic

USA
1921 Posts

Posted - 07/16/2009 :  11:35:01  Show Profile  Reply with Quote

Canceling all Council Committee meetings is no small matter.

http://records.co.hawaii.hi.us/weblink/PDF/oqxxu245bo52z0555i3ped45/15/AGE%20COUNCIL%2007222009%202008-2010.pdf

For Wednesday's Council meeting, the first item on the Agenda is Mr Ashida's Communication
dated July 14 2009 requesting to meet
with the Council on issues relating to the state of the current lawsuit discussions
with OIP and the possible consequences of the Council moving forward with its
business with the claims of the lawsuit not yet resolved."

Two hours, including public testimony, are allotted on the Council Agenda for this item, which "The Council anticipates convening an executive meeting" to discuss.

James Weatherford, Ph.D.
15-1888 Hialoa
Hawaiian Paradise Park
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The Lack
Da Kine

USA
298 Posts

Posted - 07/16/2009 :  13:17:15  Show Profile  Reply with Quote
Ain't it funny James that the Council anticpates convening an executive meeting to discuss the trouble with having private meetings. Am I wrong , is this what this crap is all about anyway. Or is that the executive will be public?

The Lack

The Lack Toons
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Rob Tucker
Kama'aina

9908 Posts

Posted - 07/16/2009 :  13:56:54  Show Profile  Reply with Quote
You have a good point there Tom.
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james weatherford
Punatic

USA
1921 Posts

Posted - 07/16/2009 :  16:11:40  Show Profile  Reply with Quote
Tom,

You describe it as it is, per se:

A closed meeting to discuss the trouble they got into for having secret meetings.

James Weatherford, Ph.D.
15-1888 Hialoa
Hawaiian Paradise Park
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JerryCarr
Punatic

2395 Posts

Posted - 07/16/2009 :  20:49:43  Show Profile  Reply with Quote
Don't you just love it, James. They need to talk to their lawyer, so attorney-client confidentiality applies. Of course, if they hadn't done anything wrong, they wouldn't be needing the lawyer. Does this story sound familiar?
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james weatherford
Punatic

USA
1921 Posts

Posted - 07/17/2009 :  06:34:28  Show Profile  Reply with Quote
quote:
Originally posted by JerryCarr

Don't you just love it, James.



Actually, Jerry, I don't "love" it, but do appreciate your point. :)


James Weatherford, Ph.D.
15-1888 Hialoa
Hawaiian Paradise Park
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Bob Orts
Punatic

1640 Posts

Posted - 07/17/2009 :  08:00:38  Show Profile  Reply with Quote
Just an FYI.

92-2.5 Permitted interactions of members.
(c) Discussions between two or more members of a board, but less than the number of members which would constitute a quorum for the board, concerning the selection of the board's officers may be conducted in private without limitation or subsequent reporting.

92-12 Enforcement.
(c) Any person may commence a suit in the circuit court of the circuit in which a prohibited act occurs for the purpose of requiring compliance with or preventing violations of this part or to determine the applicability of this part to discussions or decisions of the public body.

92-13 Penalties.
Any person who wilfully violates any provisions of this part shall be guilty of a misdemeanor, and upon conviction, may be summarily removed from the board unless otherwise provided by law.
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james weatherford
Punatic

USA
1921 Posts

Posted - 07/17/2009 :  10:33:09  Show Profile  Reply with Quote
Thanks, Bob.
Notice that the Sunshine Law permits a number less than a quorom to discuss change in "officers".

Hawaii County Charter Section 3-6 (below) identifies "chairperson and vice chairperson" as "officers" and does not mention committee structure, committee chairpersons or committee vice chairpersons.
Mr Ashida refers to council "leadership" being an exception -- this is misleading on his part. It is changing officers -- chairperson and vice chairperson -- that can be legally discussed by up to four members of the Council.

"Section 3-6. Organization of the Council; Officers; Employees.
(a) The council shall elect from among its members a chairperson and a vice chairperson,each of whom shall serve at its pleasure. Until such time as the chairperson and presiding officer shall be elected, the mayor shall preside at such meeting, provided that the mayor
shall not have a vote. The chairperson shall preside at council meetings. If at any meeting the chairperson is not present or unable to act, the vice chairperson shall then preside. In the absence of the chairperson and vice chairperson, the council shall elect
from among its members a temporary presiding officer."

James Weatherford, Ph.D.
15-1888 Hialoa
Hawaiian Paradise Park
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