County Councilman Mel Rapozo must clear another hurdle before his private investigative business can start serving subpoenas for the County Prosecutor’s Office, officials said yesterday. The urgently needed service will relieve a burden now resting solely with the Kaua‘i Police
County Councilman Mel Rapozo must clear another hurdle before his private investigative business can start serving subpoenas for the County Prosecutor’s Office, officials said yesterday.
The urgently needed service will relieve a burden now resting solely with the Kaua‘i Police Department and foster a better criminal justice system, county Prosecutor Craig De Costa said.
Rapozo, who won his bid for the job in February, was held up last month while government officials resolved an ethical fuss over a potential conflict of interest. The contract reportedly is pending final approval from the County Attorney’s Office.
“If we don’t have a contract in place, we’re still dependent on the Police Department to serve all the subpoenas,” De Costa said. “There’s simply limitations on what they can do with limited manpower.”
A private contract, he said, benefits the Prosecutor’s Office, Police Department and public.
Further delay risks an escalation in the number of cases dismissed due to authorities’ inability to serve legal papers in a timely fashion, County Councilwoman Shaylene Iseri-Carvalho said.
Rapozo, who runs M&P Legal Support Services, said he was the only bidder for the contract. The awarded amount was an estimated $46,640. The work entails serving court orders to appear in court to individuals charged with crimes.
A Justice Assistance Grant will pay for the private job, De Costa said. The prosecutor declined to say how much the grant was worth.
The county Purchasing Division was concerned about a possible conflict of interest so it requested an advisory opinion from the county Ethics Board, Rapozo said.
“I believe that there was no conflict because I recused myself from the grant approval when it was heard at the council meeting, disclosing my reasons on the record,” he said.
The Ethics Board unanimously found no conflict of interest after publicly hearing the matter Feb. 14 at the Mo‘ikeha Building.
Rapozo told the board he was unsure why he was there, other than “perception is reality.”
He asked that other county employees with private interests be held to the same standard.
“It seems like lately … every little thing comes to us,” Ethics Board member Robert Farias said.
IserinCarvalho told the board that she was surprised someone voiced ethics concerns.
She said during her eight years as a county prosecutor she pointed a spotlight at the issue of subpoenas not being served and the “serious impacts” this has on the community when cases are later dismissed.
Rule 48, she said, requires a case be tossed out unless it is brought to trial within six months from the date the subpoena is served to the defendant.
“The impact on the community is horrendous,” she told the board, referring to numerous claims being outright dismissed.
Kapa‘a resident Ken Taylor said he has faith in councilmembers’ ability to distinguish their private and public duties.
“When someone steps up to the plate … we can’t penalize them for taking on that responsibility for the community,” he told the board.
Iseri-Carvalho said if the ethics concerns had caused a lengthy delay in service, that grant funds could have been jeopardized. But De Costa said the county has until the fall of 2010 to spend the money despite an annual grant application process.
“The county does what it feels it needs to do,” the prosecutor said, referring to the decision to seek an opinion from the Ethics Board. “I’m anxious to get started.”
• Nathan Eagle, staff writer, can be reached at 245-3681 (ext. 224) or neagle@kauaipubco.com.
