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HomeMy WebLinkAbout 10/08/2013 Special Council Meeting - PM Minutes SPECIAL COUNCIL MEETING OCTOBER 8, 2013 The Special Council Meeting of the Council of the County of Kaua'i was called to order by the Council Chair Jay Furfaro at the Council Chambers, 4396 Rice Street, Room 201, Lihu'e, Kaua'i, on Tuesday, October 8, 2013 at 2:24 p.m., after which the following members answered the call of the roll: Honorable Tim Bynum Honorable Gary L. Hooser Honorable Ross Kagawa Honorable Nadine K. Nakamura Honorable Mel Rapozo Honorable JoAnn A. Yukimura (present at 2:26 p.m.) Honorable Jay Furfaro APPROVAL OF AGENDA. Mr. Rapozo moved for approval of the agenda as circulated, seconded by Ms. Nakamura, and carried by a vote of 6:0:1 (Ms. Yukimura was excused). PUBLIC COMMENT. Pursuant to Council Rule 13(e), members of the public shall be allowed a total of eighteen (18) minutes on a first come, first served basis to speak on any agenda item. Each speaker shall be limited to three (3) minutes at the discretion of the Chair to discuss the agenda item and shall not be allowed additional time to speak during the meeting. This rule is designed to accommodate those who cannot be present throughout the meeting to speak when the agenda items are heard. After the conclusion of the eighteen (18) minutes, other members of the public shall be allowed to speak pursuant to Council Rule 12(e). Chair Furfaro: Now, accordingly to Rule E, we can take members' testimony. It will be allowed for a period of a total of eighteen (18) minutes on a first come, first served basis and therefore, allow each speaker to speaker for approximately three (3) minutes. This will be at the direction of the Chair. Do we have anybody that is signed up for Rule 13(e)? JADE K. FOUNTAIN-TANIGAWA, Deputy County Clerk: Yes, we do. The first speaker is Jose Bulatao, Jr., followed by Camellia Ditch-Crosby. Chair Furfaro: Thank you. Jose, you have the floor first. Go right ahead, sir. There being no objections, the rules were suspended to take public testimony. JOSE BULATAO, JR.: Good afternoon. My name is Jose Bulatao, Jr., from Kekaha. I am representing myself. I am from Kekaha and here in support of Ernie Pasion in his position as the County Auditor. I did write something down in back of my registration sheet, but I choose to speak extemporaneously from my heart to express or convey my feeling in support of Ernie's position as County Auditor. It is a position that came from the will of the people in an election asking SPECIAL COUNCIL MEETING 2 OCTOBER 8, 2013 for the position of a County Auditor being a part of our County government. We had one when I was a child and that was done away with. Since the position was resurrected and since Ernie has been serving in that position, I think he has done his due diligence in performing his tasks. I find it so difficult to convey my feelings because I think this is a situation where there may be conflicting points of view and an ohana it may be in terms of what can be done and how it should be done. But essentially, I think we need to clear the air and understand the importance of the position in terms of the way it serves all of us here on the island of Kaua`i. Regardless of how it is — no, I am sorry, I take that back. Because it is being done in such a way with integrity and because there needs to be that clarity, that transparency, and that accountability, in terms of getting to the root of the matter, as far as bringing to light what is being done right and what may be improved, what commendations there may be or what recommendations should be forthcoming, this is the essence of the Auditor's position. I implore you, I beg you, to do what is pono, to reflect on the work that has been accomplished, to look objectively at what Ernie has been able to do, what his capabilities are, what he has demonstrated in his life prior to that position, in that position, what you know of him and about him as he has worked with you in his prior positions here in the County "ohana. I ask you to think about what the valid outcomes would be in keeping him in that position because there are repercussions about how this is going to be dealt with because of the things connected with the decisions that are going to be made will impact all of us. I ask you to do the right thing by keeping Ernie in that position. Thank you very much. Chair Furfaro: Thank you, Jose. Next speaker. Ms. Fountain-Tanigawa: Next speaker is Camellia Ditch-Crosby. Chair Furfaro: Camellia. CAMELLIA DITCH-CROSBY: Aloha County Council members, Chairman Furfaro, and the viewing audience. My name is Camellia Ditch-Crosby, born and raised on Kaua`i, all of my life, sixty-seven (67) years and I am proud of it. Ernie Pasion, the County Auditor, is a fellow Church member who I am proud to be associated with. I often recall the nuns teaching us the slogan — wait, this is the wrong one. Sorry. Chair Furfaro: You take a moment and I will bring a different speaker up and we will start over. Ms. Fountain-Tanigawa: Council Chair, she was the last. Chair Furfaro: She was the last for this? Well, then you are back on. Take your time to get your material. Ms. Ditch-Crosby: Start all over? Chair Furfaro: Yes, welcome back. Ms. Ditch-Crosby: Sorry about that. Old age. Aloha County Council members, Chairman Furfaro, and viewing public. My name is Camellia Ditch-Crosby, born and raised on Kaua`i all of my life, sixty-seven (67) years. Ernie Pasion, County Auditor, is a fellow church member with whom I am proud to associate. Therefore, I am here today to testify on Ernie's behalf. I feel it is my duty SPECIAL COUNCIL MEETING 3 OCTOBER 8, 2013 to speak my mind and concerns whenever I see something that is not pono. What is happening to Ernie is not pono so I am here today to join others who feel the same way I do. I watch many Council, Planning Department, and Police Commission meetings, as well as the Mayor's meetings in order to be an informed community member. I was caught by surprise when I heard that Ernie may lose his job for doing his job. I did some research and found that there is not one shred of evidence to support firing this dedicated, honest man from his position as the County Auditor. In my opinion, this is a case of whistle blowing, which ironically is what his job description says, right? I find it deplorable that this Council is thinking about dismissing Ernie. Since accepting the position, he and his staff have done a great job with the six (6) audits that they completed. He should be acknowledged for a job well-done plus a raise, not a job loss. What kind of message are you sending to other employees and the public? See no evil, speak no evil, hear no evil, or lose your job? Might it be a case of the Emperor has no clothes? Many in the community are so extremely tired of the politics they say. Nothing will change, no need speak out or vote anymore. In closing, many of us will know you by your actions and can take corrective action at the next election. I, like many of my ohana and friends believe in honestly, transparency, and integrity. Ernie Pasion has those qualities. Thank you. Chair Furfaro: Thank you very much for your testimony. Madame Clerk, I believe we have no one else signed up? There being no further testimony, the meeting was called back to order, and proceeded as follows: Chair Furfaro: Am I correct, I have five (5) written communications? Is that correct? Ms. Fountain-Tanigawa: One (1) that just came in, so it should be a total of six (6). Chair Furfaro: We have approval of six (6). All members so note that we have received six (6) written communications. Thank you very much. The following communications were received for the record: 1. Ditch-Crosby, Camellia, October 8, 2013 2. Herndon, Sandra, October 7, 2013 3. Isobe, Cecilia, October 8, 2013 4. Mickens, Glenn, October 8, 2013 5. Taylor, Ken, October 8, 2013 6. Ward, Elli, October 6, 2013 Chair Furfaro: To the Clerk's Office, I would like to have a County Attorney up to read our motion for Executive Session. There being no objections, the rules were suspended. JENNIFER S. WINN, Deputy County Attorney: Good afternoon, Deputy County Attorney, Jennifer Winn. SPECIAL COUNCIL MEETING 4 OCTOBER 8, 2013 EXECUTIVE SESSION: ES-678 Pursuant to Hawai`i Revised Statutes (HRS) Sections 92-4 and 92-5(a)(2) & (4) and Kaua`i County Charter Section 3.07(E), the Office of the County Attorney, on behalf of the Council, requests an Executive Session with the Council, to consider the hire, evaluation, dismissal, or discipline of an officer or employee or of charges brought against the officer or employee, where consideration of matters affecting privacy will be involved, provided that if the individual concerned requests an open meeting, an open meeting shall be held; and to consult with the Council's attorney regarding questions and issues pertaining to the Council's and County's powers, duties, privileges, immunities, and liabilities as it relates to this agenda item, and to deliberate and take such action as deemed appropriate. There being no objections, the meeting was called back to order, and proceeded as follows: Chair Furfaro: Thank you very much. Members, I would like to have a motion to go into Executive Session. Ms. Yukimura moved to convene in Executive Session for ES-678, seconded by Mr. Rapozo. Chair Furfaro: I have a motion from Councilmember Yukimura and a second by Mr. Rapozo. Any further discussion? Ms. Fountain-Tanigawa: Did you want to have the public testimony now? Chair Furfaro: Anyone else that wishes to give public testimony? Please raise your hands high. Ms. Fountain-Tanigawa: Council Chair we have a list of five (5) speakers. Chair Furfaro: I see we have them right now. I just counted the, five (5). Go ahead and make the first call, please. Ms. Fountain-Tanigawa: First registered speaker is Glenn Mickens. GLENN MICKENS: For the record Glenn Mickens. Thank you, Jay. Glad to be back in the United States. Chair Furfaro: Are you going to speak to us in Spanish? Mr. Mickens: No gracias. Before I start my testimony, let me say, that this Ernie Pasion issue is one of the most critical problems that Kaua`i needs to address. If we cannot keep good, competent, and honest people in key government positions of importance because of political interference than our system will never be able to improve. This obviously is my opinion. You may not agree, but it is my opinion. The longer this debacle continues to get rid of our Auditor, Ernie Pasion, one of the finest and most competent people this County has hired, the more transparent it becomes that a conspiracy is taking place involving members of Council, the County Attorney, and the Mayor. It should be overwhelming embarrassing for any administrator or Council person to be part of SPECIAL COUNCIL MEETING 5 OCTOBER 8, 2013 this scheme as the whole plot will be a lose-lose situation for those involved. There is nothing a shred of negative evidence to point to the firing of Ernie Pasion who has served with distinction as the Auditor for four (4) years. One (1) claim with no factual basis that Mr. Pasion did not have the qualification for the Auditor's position. Pasion applied for the job accordingly as provided in the County Charter. The County Charter is very clear, thus he was unanimously hired by a vote of seven (7) Councilmembers who obviously decided he was the best qualified, but now feel — some of them, that he should be fired. Thus, should it not follow that those members who want him dismissed and I believe only Jay, you and Tim were the only ones here, who participated in selecting him for the position were incompetent in hiring him should also be fired? Another claim for dismissal was that Ernie failed to do his job properly. Wow, the Association of Local Government Auditors recently gave him and his staff a superior peer-review outside audit or accreditation rating for the six (6) audits he did and those who hired him say he has not done his job properly. Talk about a contradiction and stupidity. Ironically, the public overwhelming supports our Auditor, his staff, and the superior job they have done. Only those in power who got involved in this tangled web of irregularity resent the unbiased job that Mr. Pasion has done because he uncovers and glaringly points out the gross incompetence and the abuse of power the way our government is run. All of them expected a lap dog when he was hired, but they got a person who represents the people and now they have to find a way to get rid of him. They should be ashamed of themselves. The Mayor and Council have cut the Auditor's budget by a radical thirty-two percent (32%) making it impossible for him to continue his fine work. This is just a back-door method to fire him and is obviously to everyone who followed this debacle. Putting this huge budget cut into perspective... Chair Furfaro: Three (3) minutes, Glenn. Mr. Mickens: I am almost done. Putting this huge budget cut into perspective we find that the County is as a whole, had budget cuts, some Departments even increased of about three percent (3%) and have a healthy General Fund balance. There is no hiding their motive so purposely and stifle and incapacitate the Chartered operation of the Auditor's Office and they think that they can get away with it as if the public are all stupid and not to care. Well, they are grossly mistaken. Our hard earned money to pay the taxes to run the County is at stake. Hopefully before those in power can continue on their stealth course of dismissal, the public's outcry for justice will prevail and Ernie Pasion will be able to continue to improve the operation of our government. Thank you, Jay. Chair Furfaro: Thank you, any questions for Glenn? Did you have your hand up Mr. Kagawa? How about you Mr. Rapozo, no? Mr. Bynum, you have the floor. Mr. Bynum: Who is "they?" Mr. Mickens: They, we are talking about the Council and the Administration. Mr. Bynum: This says, "A conspiracy is taking place involving some members of the Council, the County Attorney, and the Mayor." Wow. Mr. Mickens: Wow. Mr. Bynum: What is your basis for that? SPECIAL COUNCIL MEETING 6 OCTOBER 8, 2013 Mr. Mickens: The Auditor is being proposed to be fired at this stage of the game, Tim, for no apparent reason, no factual reason. Mr. Bynum: Where did you get the information about what my position is on this? You do not even know what —where did you get... Mr. Mickens: No, no, no. Read it... Mr. Bynum: Your thing says, "those members who want to dismiss him, Furfaro and Bynum," where did you get... Mr. Mickens: Go further. Wait, wait, wait. Go further. Now, that is not saying you. I am just saying you and Jay were the only two (2)... Chair Furfaro: Hold on a second, Glenn. You do not have the floor, Mr. Bynum has the floor. Mr. Mickens: I am sorry. Mr. Bynum: I will read the entire sentence. Mr. Mickens: Go ahead. Mr. Bynum: "Thus should it not follow that those members who want him dismissed, Furfaro and Bynum, who participated in selecting him for the position were incompetent in hiring him and should also be fired?" It is a nice rhetorical question... Mr. Mickens: Who participated in selecting him? Mr. Bynum: But I would like to know where you got the information about my position is and what it is we are even deciding here? Glenn, I admire you, but when you make claims that a "conspiracy" is happening involving Councilmembers, the County Attorney, and the Mayor, I just cannot let that pass. There is no conspiracy involving any of those individuals, in my opinion. No member of this Council is involved in my conspiracy, and neither is the Mayor or the County Attorney, and to make those kind of statements is irresponsible at least. Mr. Mickens: The part you are bringing up, Tim, again, I am saying that only you and Jay... Mr. Bynum: My question is what is the basis? What information do you have that makes you able to determine what my position is and that I am involved in a conspiracy? That is what you are claiming here. What is your basis? Mr. Mickens: I am not naming you as a conspirator. I am saying that. I am saying that you and Jay were the only two (2) that chose him for the position of Auditor. Nobody else on this Council was present at that time. You two (2) chose him to be Auditor and now you want him gone. Mr. Bynum: Glenn, you made claims that there is currently a conspiracy involving the highest level people in our County. SPECIAL COUNCIL MEETING 7 OCTOBER 8, 2013 Mr. Mickens: Right. Mr. Bynum: That there is a plot, right? Mr. Mickens: Right. Mr. Bynum: That there is no transparency, these are no basis in fact. You could have no basis of information to make those claims and so I just have to say that publicly. Thank you. Chair Furfaro: Glenn, may I clarify something also? For the Auditor's rating there is no superior rating, there is no exceptional rating. The rating that they could choose is — I am sorry, excellent. The rating they could choose is "acceptable." Mr. Mickens: It said "excellent" did it not, Jay? Chair Furfaro: No. Mr. Mickens: It did not say that in the paper? Chair Furfaro: No. Mr. Mickens: "Excellent." Chair Furfaro: The paper? I am talking about the review. If you want to believe the paper, you go right ahead. Mr. Mickens: Well, I presume that the paper picked it from the review. Chair Furfaro: You presumed. I just want to tell you, the only one achievable was an "acceptable" one based on the scale of the National Audit Review, just for the correction. Anybody else have anything else for Glenn? If not, thank you, Glenn and welcome home. Mr. Mickens: Thank you, gracias. Ms. Fountain-Tanigawa: Next speaker is Alice Parker. ALICE PARKER: Greetings, Alice Parker, former Auditor, not of the County. But it is a hard job and I have worked with Ernie. He is dedicated, intelligent, competent, and the most honest person that I have met in my life in seventy-nine (79) years. He is the most honest that I have met and I really do not understand why he might be on the line to be out of the job. I mean there are all kinds of conspiracy theories going around because we do not know what is going on. A lot of us public, we public, would like to know what is going on because we care about the community and we care about the government. Please retain Ernie, if there is any way possible. Thank you. Chair Furfaro: Thank you, Alice. Next speaker. Ms. Fountain-Tanigawa: Next speaker is Ken Taylor. SPECIAL COUNCIL MEETING 8 OCTOBER 8, 2013 Chair Furfaro: Ken. KEN TAYLOR: Chair, members of Council, my name is Ken Taylor. Thank you for this opportunity. The function that the Auditor's Office conducts was voted by and many others who supported overwhelmingly the establishment of the Office of County Auditor in the 2008 General Election, seventy- five percent (75%) yes, twenty-five percent (25%) no. It is a Chartered and legal duty for the Auditor to report irregularities when uncovered otherwise risking prosecution and may lead to being and sent to jail when found guilty of malfeasance. The Office is subject to the Charter and General Accepted Government Auditing Standards or the "yellow book" issued by the United States controller, which is the bible which government Auditors must follow. The Office is the most audited function among County operations as it is subject to every three (3) year audit by outside Auditors called Peer-Review or Accreditation. The Office was certified by outside volunteers, Auditors from the Association of Local Government Auditors (ALGA), to be in full compliance and certified excellent in implementing the most recent registration of the yellow book; 2011 version. The peer-review team of two (2), which both served as President of ALGA, a Director of internal audit, Hanover County, Virginia and the City Auditor of the Phoenix, Arizona, conducted the peer-review of six (6) audits undertaken by the Office from January 2011 to December 2012. The Auditor's Office has a website and all the audit reports are posted for the public. I hope that all of the County residents will take the time to visit the website to find out more of what the Office has accomplished since it started its operations. I do not believe that you can honestly justify terminating the Auditor and would remind you of Thomas Jefferson's words, "Honesty is the first chapter in the book of wisdom." As you move forward with this deliberation, I certainly hope that you will keep in mind Jefferson's words, "Honesty is the first chapter in the book of wisdom." In closing, I would just like to say that I am very concerned about the noticing of this item on the agenda because I do not think it meets the State requirement for a legitimate discussion of referencing the Auditor's Office or Ernie himself, neither one of those names is mentioned in the listing on the agenda. I hope in the future you can see fit to properly notice these issues. Thank you. Chair Furfaro: Thank you, ken. Ms. Fountain-Tanigawa: The next speaker is Carole Nacion. CAROLE NACION: Aloha. Mr. Hooser: Aloha. Chair Furfaro: Aloha, Carole. Ms. Nacion: I am Carole Nacion. I am eighty-four (84) years old and I have known Ernie for about fifteen (15) years. Eight (8) years ago, he was assigned a member of Holy Cross Finance Committee. Two (2) months after he was assigned that position, Ernie audited the bank statements and many things that referred to the Parish's financial statement. In that audit, Ernie discovered a theft that was going on for fifteen (15) years. Through his diligence and his homework, he was able to give evidence to our diocese that results in — I think you read it in the paper, in the sentencing of that Secretary. That is why I am working there today. I took that Secretary's place. So, that shows you his credibility and his willingness because they were very good friends, the Secretary and Ernie, very SPECIAL COUNCIL MEETING 9 OCTOBER 8, 2013 good, close friends. In spite of that, he exposed her for the good of the Parish. I am going to just close with this question, Mr. Furfaro, you are a great General Manager. I have worked with you for so many years under so many hotels. The rest of you, I am not sure what your backgrounds are. JoAnn was the Mayor, so you all hold some good positions. As a businessman, if you were Chief Executive Officer (CEO) of a big company that hired about three hundred (300) employees, would you not want someone, an Auditor like Ernie, to take care of your books? Thank you very much. Chair Furfaro: Thank you very much, Carole. Just for clarification, during my time as General Manager and Manager of several hotels, Carole was my Personnel Director. Thank you. Ms. Fountain-Tanigawa: The last registered speaker is Joe Rosa. JOE ROSA: Good afternoon, members of the Council. For the record, Joe Rosa. Twelve (12) days ago I was here before this Council to testify on behalf of Ernie Pasion. The thing about it, like as I say, why correct a right when there is no wrong? Also, I look at this Council today, there is just Jay, who nominated Ernie, and Tim Bynum from that Council in 2009. The rest of you, JoAnn, she ran for Office, she did not make it. The rest of you are all newcomers today. The reason like I just said, and I started out by saying I am going to leave you members with just two (2) words. You heard that last week, twelve (12) days ago. Just cause is a serious thing when it comes to dismissal. I guess Ross is aware of that, too. He has been with the Union and stuff like that there. Just cause is serious. I think this problem that is existing within the Auditor's Office, the Council, and the County is something that started out personal. It was personal reasons between employee and employer. Before any justice can be made, you have to get to the bottom of the personalities that were involved in this matter. Seriously, personalities cannot account for suspension or dismissal or firing. This is a serious thing. You would need to have just cause and just cause is something that is not easily to be written up because it is going to be personal and personalities does not count when it comes to dismissal or suspension. The words "just cause" is a serious matter. Consider that. Even as far as discrimination is concerned, before you get to the bottom of anything, discrimination a lot of times deal with personalities. If there is a link to discrimination, because of work orientated, they should look to the prong of what the reason is before you prosecute Mr. Pasion because it could have been a matter of personalities and there will be no end. You are going to dismiss Mr. Pasion, you will have the same problem that exists right now and is still pending between the Police Chief and our Mayor. You will uncover another can of worms. You people have to think about it. You have to really get your gut feeling and decide, is he worth the dismissal as far as his position? He did an excellent job on his audits. I got to read it. In those audits, all of the Department Heads said that they will have to do checks on their Departments to bring it back to what the auditor found that was being done. Consider that he has done a job and like Mr. Laureta said after I got to speak, he mentioned the same thing. You cannot bring personalities into a suspension or dismissal. It has to be a job-oriented where the person could not do the job, not able to do the job, and did not understand the job, those kind of things. That is the qualities for dismissal. But in Ernie's case, he did excellent work in the six (6) audits that I have seen. That tells you something and like I just said, it was signed and approved by the Department Heads so it is printed but the public has not been told about it. What is the delay? The Council knows about it. Get it printed out and get some reaction from the public. I leave you people with that thought. Again, make sure that it has SPECIAL COUNCIL MEETING 10 OCTOBER 8, 2013 to be something that is oriented with he did not do his job or could not do his job. But I think he did excellent jobs in exposing a lot of irregularities going on within our County system, everything from people not qualified for the work and the position. With that thought and the thought of finding "just cause" for a suspension or dismissal, that is a serious word "just cause" and do not let personalities be involved because that is not grounds for a dismissal according to what you heard from Judge Alfred Laureta. Thank you. Chair Furfaro: Any questions for Mr. Rosa? Seeing none, thank you, Mr. Rosa. Is there anyone else signed up? Ms. Fountain-Tanigawa: No further registered speakers. There being no further testimony, the meeting was called back to order, and proceeded as follows: Chair Furfaro: Members, we have a motion and a second. I would like to call for a roll vote to go into Executive Session. The motion to convene in Executive Session for ES-678 was the put, and carried by the following vote: FOR EXECUTIVE SESSION: Bynum, Hooser, Kagawa, Nakamura, Rapozo, Yukimura, Furfaro TOTAL— 7, AGAINST EXECUTIVE SESSION: None TOTAL— 0, EXCUSED & NOT VOTING: None TOTAL— 0, RECUSED & NOT VOTING: None TOTAL— 0. Ms. Fountain-Tanigawa: Seven (7) ayes. Chair Furfaro: Seven (7) ayes. Members, we will meet at five (5) minutes past 3:00 p.m. in our Executive Chambers. Thank you. ADJOURNMENT. There being no further busine he meeting was adjourned at 2:58 p.m. Respe. fu submitted, JAD FOUNTAIN-TANIGAWA Deputy County Clerk :aa