•OIP should have won •Openness obviously appropriate for KIUC •Childless people need equal rights too OIP should have won Another fine in-depth reporting job by The Garden Island, “OIP: Court ruling left questions ‘unanswered’” (Dec. 6). The court’s ruling on
•OIP should have won
•Openness obviously appropriate for KIUC
•Childless people need equal rights too
OIP should have won
Another fine in-depth reporting job by The Garden Island, “OIP: Court ruling left questions ‘unanswered’” (Dec. 6).
The court’s ruling on ES 177 in favor of the county keeping this session sealed and not letting the public see it as OIP ruled is just another dagger in the heart of keeping government open and transparent.
The people’s advocate, OIP, has now been told that they are nothing but an advisory body and any controversial decision between a government agency and the public will be settled by the courts.
Sadly, the precedent set by this latest ruling was exactly why our state Legislature gave OIP the sole authority to make the final decision in litigated cases — to prohibit long court decisions and untold tax dollars being wasted. Unless the OIP can somehow make the case that the courts erred in their decision or persuade the Legislature to change the law, this people’s sunshine law enforcement group may as well close their doors and the people will again come up with the short end of the stick.
There is another side of this ES 177 story that must be told. In 2005 when ES 177 was held, there was a section in our Charter (our constitution), 3.07E, that stated, “… with the exception of deliberations relating to confirmation of appointees, (this part was later deleted) or consultations with the county attorney on claims (as defined in Charter section 23.06) all council and council committee meetings shall be open to the public.”
Under HRS section 92-71 of the state sunshine law the state said that if a county law was more restrictive than the state law — the state law giving eight reasons for going into executive session whereas the county giving one — then the county law shall prevail.
Under this most specific ruling, ES 177 (and all executive sessions held that were not for a claim) was held illegally and thus the case made by the county against OIP was wrong.
For 15 months two citizens protested every ES that the council entered into that was not for a claim. Their argument was continually ignored. The Garden Island was covering these sessions and can verify what was done.
Then, unexplainably, the Charter Review Commission put Charter section 3.07E on the ballot, with confusing wording for the public, and 3.07E was changed to conform to the state statute which now gives our council eight reasons to go behind closed doors to make decisions instead of the one they had before.
The question remains to this day: if the meaning of 3.07E wasn’t clearly defined in 2005 as our charter stated, then why was it necessary for those in power to get it changed?
I have no legal background but I certainly disagree with my friend, special council for the county in this matter, David Minkin, who said, “OIP overstepped its bounds from Day 1 and completely ignored client-attorney privilege.” Under our Charter this ES was illegal at that time and thus there was no attorney-client privilege — OIP should have won their case.
Glenn Mickens, Kapa‘a
Openness obviously appropriate for KIUC
Thank you to The Garden Island for publishing a bi-weekly column by Walter Lewis who obviously knows the ins and outs of governing mechanisms affecting the people.
His latest piece, “KIUC fails to provide public access” (A Better Kaua‘i, Dec. 11), shows the tendency of some people at KIUC to abuse power entrusted to them.
A cooperative is defined as “an enterprise owned jointly by those who use its services.” Cooperatives exist throughout the world for all sorts of services and they normally are open, unfettered democratic entities.
To the extent that KIUC has leaned toward secrecy or to muzzle differences, it becomes a matter of concern to all of us as user-owners of the utility and openness is obviously appropriate.
Triaka-Don Smith, Lihu‘e
Childless people need equal rights too
Let’s make every public school day a furlough day.
Parents can homeschool or send their keiki to a private school where they would be better educated than in the public curriculum as it now stands.
Why should a single person or married couple without school aged children be taxed for the breeding habits of the mass?
Mandate parents pay for the education and upkeep of their kids, not the government.
People without children are paying taxes to support other kids we are not responsible for. Childless people need equal rights too.
James “Kimo” Rosen, Kapa‘a
