The Nov. 24 “meeting” of the Kauai County Council members-elect was an eye opening episode. What was presented for all to see was an exercise of raw political power performed gracelessly by a newly formed four-member majority who marched lockstep
The Nov. 24 “meeting” of the Kauai County Council members-elect was an eye opening episode.
What was presented for all to see was an exercise of raw political power performed gracelessly by a newly formed four-member majority who marched lockstep to establish a preordained committee and council structure.
The legality of the proceedings rested on precarious grounds. What we have is Kaipo Asing who, until Dec. 1, was serving as mayor of the county, engaging in closed room politicking with three members-elect of the council to set who would be council chair and how the seven committees of the council would be constituted.
Then, using a dubious earlier ruling by the state Office of Information Practices that a gathering of the council members-elect would not be a violation of the State Sunshine Law, the mayor initiated what he referred to as an organizational meeting of the new council before they were entitled to assume office. Despite the fact that the Nov. 24 session could not lawfully be considered a meeting of the council, Asing extended his disregard of proper procedures to specify that an executive session would be included on the agenda to appoint the county clerk for the coming term blithely ignoring the Sunshine Law requirement that executive sessions may be used for consultation and discussions but decisions must be made in open sessions.
The official inaugural meeting of the council was held on Dec. 1 at noon to ratify the earlier action.
We sometimes wonder if he feels that conforming to the law is ever necessary. This is the same man who proclaimed in a PowerPoint address in June 2006 that the council does everything right.
Sadly, the mutation of Asing’s demeanor is noteworthy. Before he was chosen to serve as council chair in 2002 Asing was a council member crusader who investigated government conduct and uncovered many of its failings. He was immensely popular with citizens who were seeking good government for our island.
For years he had been the largest vote-getter of all the council candidates and he achieved this expression of public approval without spending more than $100 on his campaign. But an abrupt change occurred when he replaced Ron Kouchi as council chair. With his advent to new-found power, overnight he became a martinet as he controlled council agendas, expanded vastly the conduct of council business in secret executive sessions, lectured council members about what he expected and exercised rigid parliamentary rules, often impolitely, to limit public participation in council proceedings. Behind his self effacing manner lurks a ruthless determination to impose his will whenever he can.
It may never be discovered what inducements were sought and given to create the four member enclave that foreclosed discussion and voted in rubber stamp form on the appointments considered. Kaipo got what he wanted — the council chair, but what did the others get?
The high-handed conduct may have some salutary effects. For years now the council has avoided most of the major issues confronting the county and when they did act it was typically done without meaningful debate and mostly by unanimous vote. It may be that the minority of the council-elect members who were treated so shabbily will now accept that the council function is to debate the matters presented and not passively accede to the views of the dominant element. Perhaps the council may become what it should be to fulfill its duties as the legislative arm of our government.
The advent of Lani Kawahara was promising. She showed an independent spirit and a disinclination to blindly follow the prescribed path. Then there is also the possibility that one or more of the three council members who Rolf Bieber has labeled the 3Ds — Daryl, Derek and Dickie, may, if the leadership by Kaipo is not sure footed, become disenchanted with the narrow course they are expected to follow and the solid wall may come tumbling down. If some of this three member cartel has disparate views on various issues or looks for a different political destiny the sands may shift.
What kind of a harbinger of coming attractions does this organizational maneuvering connote? The immediate public reaction to it was unfavorable. Several letters appeared in The Garden Island Forum all of which deplored the action taken and the manner with which it was conducted.
Many are disappointed that top vote-getter Jay Furfaro was not chosen to be the new leader of the council. Those who have watched the council meetings since he became the council chair this summer have recognized that his handling of the agenda matters has been much more open and evenhanded than was Kaipo’s. Perhaps Jay should take heart as Kaipo has been reported as saying this will be his final term on the council and tomorrow is another day.
Citizens will likely observe the new council with increased interest. If we desire that Kaua‘i should progress to better government our observations could focus on two potentials. We should be optimistic that Kaipo might shed his autocratic ways and have a renaissance to his earlier style. And we might hope that the fractious conditions that were evident in the organizational meeting will not prevent those serving from recognizing that their duty is not to an evanescent leader but rather to their constituents who desire a council to act without regard to any affiliations, in the public interest and in the furtherance of the community’s welfare.
• Walter Lewis is a resident of Princeville and writes a bi-weekly column for The Garden Island.
