LIHU‘E — The Kaua‘i County Council on Wednesday by a 4-2 vote approved a request of the Office of the Prosecuting Attorney to apply for a federal grant to establish a Keiki POHAKU program. Council Chair Jay Furfaro cast the
LIHU‘E — The Kaua‘i County Council on Wednesday by a 4-2 vote approved a request of the Office of the Prosecuting Attorney to apply for a federal grant to establish a Keiki POHAKU program.
Council Chair Jay Furfaro cast the deciding vote. He said the issue would be clearer on Oct. 17, after he reviews a county attorney’s opinion on whether the council is required to change the Kaua‘i County Charter regarding the matter.
Until then, Furfaro said the risk of allowing OPA to apply for funds was measurably small; and it is an important issue to take care of the youth.
According County Attorney Al Castillo, there are still legal questions pending OPA’s request. The council approved the request despite Castillo’s concerns.
“It’s tough to be young today,” Furfaro said. “First and foremost, this is about our community and my reasons to vote yes are exactly that. It’s about the young people, so I will be voting yes.”
Council members Mel Rapozo, Dickie Chang and KipuKai Kuali‘i also voted “aye.” Council Vice Chair JoAnn Yukimura and Council member Nadine Nakamura voted “no.”
Councilman Tim Bynum has a federal lawsuit pending against County Prosecutor Shaylene Iseri-Carvalho and recused himself from the discussion.
Chang said that all it takes is “one bum wrap” for a youth to lose opportunities that would change his or her life for the better. POHAKU is an alternative for families that don’t have resources to help wipe a mistake from their record to get into the military, he said.
“The POHAKU program instills the values of Hawai‘i and the real roots of what we’re trying to accomplish,” Chang said. “We all need to help (OPA) get started because in the long run we are all going to benefit from this program.”
Kuali‘i said POHAKU is a social justice issue about making resources available to people who can’t afford private attorneys but also deserve a second chance.
“I really appreciate the approach of using the wisdom and the power of our Hawaiian culture and Hawaiian values,” Kuali‘i said. “We live in such a special place. There is a power in this place that is healing and helpful. This is just the start of something and I’m really excited about what’s to come so let’s get started.”
Chang and Kuali’i spoke to childhood experiences in the taro fields, as salt makers and in the lo‘i patches. They said experiences instilled values of ‘ohana and that a diversionary program on Kaua‘i should provide this experience at time when it is more difficult than ever to be a child and a parent.
No authority under charter
Yukimura said there is a need for a variety of diversionary programs. However, she questioned the design and implementation of the POHAKU program, and if the OPA should be managing diversion projects.
OPA’s track record was the question, she said, and the adult POHAKU program is under investigation.
Nakamura said OPA did not discuss Keiki POHAKU with the Crime Prevention Coalition or seek approval for funding from the Office of Youth Services until after the question was raised at council. She did express a desire for the public to learn more about the program’s design and intention.
However, Nakamura said her vote against the program came from an opinion from Castillo, who said OPA did not have the authority under the charter to administer diversion programs.
“I was elected to uphold the charter,” she said. “Now I hope the council will release the opinion to the public.”
Nakamura said her concern also stemmed from a Hawai‘i Supreme Court decision that ruled a Honolulu prosecutor did had not legal authority under its charter to use public funds to advocate for a proposed constitutional amendment.
The OPA was forthcoming with information and she said the public would want to know more about the program. She encouraged OPA to bring all of the stakeholders together for long-term solutions regarding juvenile diversion programs.
“My belief is that this is a start,” Nakamura said.
Responding to council questions, Castillo said there was not enough information to say Keiki POHAKU was legal under the charter, but in his opinion, the program violates the charter. He would not say what information is needed to make a legal determination regarding the charter or with procurement contracts.
Charter amendment
First Deputy Prosecuting Attorney Jake Delaplane was present with OPA grants coordinator Jamie Chong and law clerk Lea Young. Neither was called to testify.
Later in the day, after the meeting was over, Delaplane said he had sent answers in writing to 41 questions previously asked by the council.
Delaplane addressed Rapozo’s comments regarding the Charter Review Commission meeting in May. Delaplane said he testified in support of their vote to approve a Charter Amendment that would grant OPA the authority to establish diversion programs.
“The commission, however, at their July meeting, voted to not place the amendment on the ballot because they were advised by the County Attorney’s Office that the OPA already had the authority to establish such programs under the charter, thus amending the charter for this purpose was unnecessary,” Delaplane said on an email Wednesday evening.
Additionally, at the council meeting, Rapozo said three Charter Review commissioners informed him that the vote passed in May, but was voted down again in July after a the County Attorney’s Office said the amendment was not necessary because OPA already had authority under the charter.
Castillo, however, responded that he had no knowledge of the opinion or of the commission’s vote.
‘Fabricated’ concerns
Rapozo said at the meeting that the scrutiny given the OPA request was based on “fabricated” concerns and asked if the same line of questioning would be applied to other department with requests for much higher grant amounts.
He asked if the council would question the marketing expenditures of the other departments with their T-shirts, pens, and other items with logos.
Rapozo said OPA is the appropriate entity to work with juvenile records and to make decisions on who belongs in any given program.
“There is only one entity that prosecutes,” he said. “To think that it belongs somewhere else is ridiculous in my opinion.”
Bryson Ponce, speaking on behalf of SHOPO police union, said the Maui Police Department diversion program, POI, has a 12 percent recidivism rate out of 740 graduates since 1999.
“That is extremely successful,” he said.
Other POHAKU advocates included Tina Sakamoto, who worked in a Native American diversionary program; Arthur Bruin, a youth advocate who was also a teen addict; and Dr. Ka-ni Blackwell, a clinical psychiatrist.
“We should scrutinize this program but it is time for the council to move forward and approve this program,” Blackwell said. “It is extremely important and we all want the same thing.”
Other public speakers who testified on support of Keiki POHAKU included Glenn Mickens, Elaine Dunbar, Ken Taylor and Joe Rosa.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or by emailing tlaventure@thegardenisland.com.
