Hi,
Here’s a 4-minute snapshot of just one of Corp Counsel's conflicts, The 2015 Upcounty Water Bill Bait & Switch …
https://www.facebook.com/MauiCauses/videos/333615574016590/
Maui's lawyers are out of control. They are using legal games, lies and are withholding public documents to deny both our elected Mayor and our elected County Council authority to set and enforce County Policy.
If that's not illegal, it's certainly not right. Either way, it has to stop.
Thanks for signing our petition - NOW SHARE IT PLEASE:
And if you haven't yet signed our other active petition about The Upcountry Water Bill Bait and Switch please go here:
https://petitions.moveon.org/sign/repeal-mauis-2015-upcountry
Even after Pat Wong’s spectacular crash-and-burn departure, there’s a cadre of “Dinosaurs” left who have been around long enough to have gotten dragged into irresolvable conflicts of interest and who cannot possibly any longer serve the public’s best interest.
They all need to be removed.
Here’s a 4-minute snapshot of just one of Corp Counsel's conflicts, The 2015 Upcounty Water Bill Bait & Switch …
Thanks to Council Member Tamara Paltin for proposing the removal of the bogus language that Corp Counsel inserted into the County Rules, manufacturing a secret giveaway to commercial developers island-wide.
Shhhh, don't tell anyone...
TEXT:
CC 19-228 will remove the secret giveaway to developers manufactured by corp council when they manipulated the 2015 upcountry water bill.
Corp Counsel’s Ed Kushi testified that the proposed exemptions could only be justified through a water bill because they were tied specifically to families on the upcountry water-meter wait list. Corp Counsel’s Jenifer Oana testified it was only for families building homes, nothing commercial.
None of the council members were aware at the time that the language that Kushi and Oana approved for legality and form and inserted into tilte18 are the exact 7 words that this ordinance seeks to remove: No Improvements required “for a subdivision into two developable lots”. They wrote in no specify whatsoever to Upcountry, nor families on the Upcountry water meter wait list. That contradicts their own testimony and violates county rules.
The whistle was blown in 2016 on this secret bait and switch by none other than Chris Salem, who was also the original whistleblower on the infamous deferral agreements.
And just as Corp Counsel continued to write new deferral agreements for 6 years after it went public that there was no program whatsoever to collect on them, Public Works continues today to write roadway exemptions to developers with 2 lot commercial subdivisions island-wide even though everyone now knows the council never intended that.
But the abuse of authority goes deeper.
Last October citizen Eric Paulson filed a complaint naming Kushi and Oana for procedural violations of county rules for public notices, agendas and council communications. And for Sunshine violations.
The judge initially ruled only on the sunshine aspect of the case, saying it was beyond the 90-day window for a sunshine complaint. She never addressed the violations of county rules that are not tied to sunshine. And so those aspects are today up for reconsideration by the court.
At his confirmation hearing, David Goode testified that Paulson’s case was dead.
Is David Goode even remotely qualified to testify on the legal status of county litigation?
The corporation counsel who was sitting next to Goode, who should have qualified Goode’s assessment but didn’t was Ed Kushi, who is named in the suit.
Do anyone see the problem here?
Corp counsel wrote the deferral agreements and Corp counsel wrote the bogus amendment to title 18 that Ms. Paltin is seeking to remove. Corp Counsel is defending themselves against several resulting lawsuits and at the same time is advising this council on all these matters.
There’s a whole cadre of lawyers working for Corp Counsel today, “the dinosaurs” who have been around long enough to have gotten dragged into irresolvable conflicts of interest and who cannot possibly any longer serve the public’s best interest. They all need to be removed.
Maui Causes has collected 362 petition signatures that call on this council to take the action Ms. Paltin is proposing.
Cr 19-51 Dagdag-Andaya
Past Director of Public Works David Goode stated unequivocally that regardless that intent of the council was to only exempt roadway and fire suppression requirements for families on the Upcountry water meter wait list, as long as the language of title 18 continued to be as it is today he would continue to issue exemptions to 2 lot commercial subdivisions island wide.
FOIA requests have been made to find out how many more 2 lot commercial subdivision exemptions Goode issued after he was denied the director’s position by this council but continued to serve under the Mayor’s authority.
I think it’s reasonable to ask Director of Public Works nominee Dagdag Andaya what her policy is regarding these exemptions. Is she issuing and will she continue to issue new exemptions to commercial two-lot subdivisions island wide knowing full well that it was never the intention of the council for that to happen?
If she is asked today and does not make a firm commitment to stop this abuse right now she should not be approved for the director’s position, as she obviously does not at heart serve the best interests of the public.