Corporation Counsel Lincoln Ashida
In an email today, Corporation Counsel Lincoln Ashida responded to a reader’s inquiry and a comment to my earlier blog posting about his April 3, 2009 memo posted online.
He also provided the county’s most current internet and email policy, offered his perspective about viewing and responding to blogs on county time, and shared some more insight into the county worker internet usage investigation.
James Weatherford commented on Lincoln Ashida’s assertion that “many members of Mayor’s Kenoi’s cabinet also took substantial salary cuts,” saying, “OK, so this has been kept secret by the media, although it is most certainly newsworthy and most certainly the sort of thing the public has a right to know. Tiffany, would you please allow Mr Ashida or anyone else to disclose some details about this on your website? Wait…oops. I re-read the line. Did Mr Ashida mean those are “cuts” from the jobs they were at before coming to the Kenoi cabinet? or, They voluntarily took a reduction in their pay from what their predecessors in the previous Administration were paid?”
This is Lincoln Ashida’s response to James Weatherford:
“The answer to the question is both (since people like Warren Lee now make substantially less than what they made in the private sector). But my focus was on what one of your readers references as ‘a reduction in their pay from what their predecessors in the previous Administration were paid.’
In remaining as the Corporation Counsel, I took a $6,000/year salary cut. So did our Assistant Corporation Counsel, Kathy Garson (this is all public record). At present, a majority of the attorneys in our office make more annually than I do. You may wish to verify this, but I believe the same goes for Finance Director Nancy Crawford, Deputy Finance Director Deanna Sako, Planning Director Bobby Jean Leithead-Todd, and Deputy Director of Environmental Management Ivan Torigoe. This was the result of the County’s salary ordinance that considers us “new appointees” since there is a new mayoral administration, despite our years of service (this is my 22nd year of consecutive service in the County).
In 2000, the voters amended the Charter to give the Salary Commission the final say in the setting of executive salaries (it is not subject to mayoral or Council approval or ratification). The cabinet members listed above decided against requesting a restoration of our former salaries given the financial challenges facing the County.”
Switching gears, Lincoln Ashida, having read my blog entry about his April 3, 2009 memo, had this to say about at least one of the comments posted:
“I was intrigued by the first comment on your blog:
· ‘ It’s very interesting to me that Mr. Ashida has found the time to Peruse ‘Blogs’ on county time to find things that he doesn’t like.
I believe he got in trouble earlier for this same matter with the Wayne Joseph thing on Hunter’s Blog.
Why is he pointing out Blogs in this Memo?
Can county employees view blogs if he is spending so much time reading them?
‘… Unfortunately, subsequent blog entries and even an editorial written by a journalist professional characterized the conduct of County employees as pervasive…’ (From the Memo and yes it did say ‘journalist professional’)'”
The author is correct, it was done on County time. Since my hiring in November 1987, I have always held an at will position with the County. There is no greater labor than public service. I love my job and have looked forward to coming to work every day for all of the 21 years I have had the privilege of serving our community. I feel I am always on duty representing the County (my job is not ‘7:45 to 4:30′); part of my responsibility is being sensitive to the needs and feelings of the public. This includes paying attention to media articles, including blog entries by journalists like yourself and the public comments they generate, no matter what hour of the day. This is the very heart of public service —spending the time and undertaking the effort to understand all concerns of the public (no matter who they are) and attempting to work towards solutions (or an understanding).
When there are ‘negative’ comments about me or our office in the media or blogs, I feel we in government have done a poor job communicating. There is a reason why people who don’t even know you harbor so much animosity, and it is incumbent on public servants to work towards answering questions, offering solutions, and continually working to rehabilitate and maintain the public trust.
With respect to me getting in ‘trouble earlier for this same matter with the Wayne Joseph thing on Hunter’s blog,’ as you recall Mr. Joseph took offense to an email I sent Hunter regarding some statements made by Mr. Joseph alleging Corporation Counsel attorneys nefariously withheld information from the public and clients. After these public comments were made by Mr. Joseph, I contacted him in writing to seek specific information since he alleged a violation of the Hawai‘i Rules of Professional Conduct. The rules of our Supreme Court make clear attorney conduct is self regulating, and we have an affirmative obligation to report any misconduct to the Disciplinary Counsel. To date I have not heard back from Mr. Joseph.
Board of Ethics Informal Advisory Opinion (Wayne Joseph, petitioner, regarding Lincoln Ashida)
I sensed there was some concern that bloggers were not afforded the same degree of respect in some of our office website messages. Please know this is not the case, and I am sorry if any of my previous online comments were interpreted that way. The “blogs” I primarily referred to in our posting regarding why investigative reports must remain confidential (as well as our other postings) were not sites like yours, but the public comment section of the online daily newspapers. Our website is a way to address these anonymously posted concerns with the hope of everyone having all of the relevant facts before coming to any conclusions.
As an example, here are a few public blog entries I came across in a WHT article concerning a lawsuit that has not even been filed yet:
Satyagraha wrote on Apr 25, 2009 12:14 PM:
‘Corporation Counsel Lincoln Ashida said his office isn’t involved in the case and won’t get involved unless there is litigation.’
Ashida has called Hong’s allegations ‘absolutely ridiculous.’
So much for not getting involved…
Ashida, You have proved time and time again (Hokulia; Higa;2% land fund etc etc) that you have little to no grasp of legal or not legal.
Your opinions tend to put taxpayers further and further in debt. Do us and everyone in the state a favor and go work for some 3rd world despot who cares little for legalities.’
hatescorruption wrote on Apr 25, 2009 12:43 PM:
‘Satyaghara- Let’s not forget Ashida’ absolute brillant move to take the Police promotion cheating scandal to trial. The corporate counsel braintrust got slapped around by plaintiff’s lawyer, prominent Honolulu attorney Michael Green, and lost a $4.5 million dollar judgement to the plaintiff’s. This did not include attorney fees and court costs. This could have been settled but Samurai Ashida did not want to. We should have made Ashida pay for it out of his own pocket. Take away his home and pension, next time, and see how willing he is willing to get in to litigation thatshouldbesettled.’
The first blog entry above criticizes our handling of various cases. With respect to the underlying Hokuli’a case, that lawsuit was filed prior to my beginning service as Corporation Counsel. The two subsequent Hokuli’a cases (property owners lawsuit and the condemnation) were filed during my term. The property owners lawsuit was dismissed without the County paying anything (zero dollars). The condemnation case was successful (it was recently affirmed by the Hawai‘i Supreme Court, allowing us to move forward on the road in Kona).
With respect to the Higa case, it remains pending. We sought to settle this case, but in the interim time former Council Member Higa sued our office and the EEOC, attempting to block settlement. This is where the case is now.
I am not sure what is meant by our legal malfeasance in the ‘2% land fund.’ There has not been any litigation; just spirited Council discussion.
Finally, the writer of the second blog entry concerning the police cheating case (Silva v. County of Hawai‘i) is unfortunately misinformed. I was not with the Corporation Counsel during the police cheating case, and did not participate in any discussion or decision making with respect to the litigation. In fact, during that period of time the writer references, I was with the Prosecutors finishing my last two cases prosecuting Frank Pauline, Jr. and Albert Ian Schweitzer in the Dana Ireland kidnap, rape and murder.”
In his email, Lincoln Ashida enclosed 09-01-03-internet-and-e-mail-policy and offered the following insight into the investigation into the county worker internet investigation that is underway:
“From the time this investigation started, we received some ‘tips’ from various County employees regarding what may be characterized as the inappropriate use of the internet (both content and duration of use) by County workers. This is part of the reason Mayor Kenoi indicated that the period of January 2008 through December 2008 would be the initial focus; to look at internet use by County employees during political campaign season.
If it is determined a violation of the County’s policy occurred, the matter will be referred to the employee’s appointing authority for disciplinary action. At that point in time, it will be up to the appointing authority whether or not to release the information publicly, applying UIPA guidelines and standards. This is the point in time where the investigation is completed, disciplinary action is meted out (if any), and where the public’s right to know may outweigh any significant privacy interest. Also at this point in time there is no longer a ‘frustration’ argument under the UIPA, and this favors public release.
If it is determined illegal gambling or profiting from private business activity using County resources occurred, the matter will be referred to the Prosecuting Attorney. The criminal law standard with respect to the public dissemination of investigatory records will apply.
I want to stress that with respect to the focus of the investigation; gambling and private business use; it is not a widespread problem within the County. However the responsible thing is to investigate even if it turns out the allegations are without merit.”
I sent Lincoln Ashida some follow-up questions regarding that particular portion of his email. Particularly interesting to me is the statement, “If it is determined illegal gambling or profiting from private business activity using County resources occurred, the matter will be referred to the Prosecuting Attorney. The criminal law standard with respect to the public dissemination of investigatory records will apply. I want to stress that with respect to the focus of the investigation; gambling and private business use; it is not a widespread problem within the County.”
Call me Nancy Drew. I’d be a detective if I weren’t so timid with guns. I’m a reporter for life. This county worker internet usage story has me captivated; it’s so full of intrigue. What on earth is/was one or some county employees doing on the job? Are we talking online poker or the arrangement of weekend underground cockfights? What kind of private business use? Using the photo copier to make flyers to promote one’s business or creating and Excel spreadsheet to do the business bookkeeping? My imagination continues to run with this story. Looking forward to the next chapter.
“It will be up to the appointing authority whether or not to release the information publicly, applying UIPA guidelines and standards. This is the point in time where the investigation is completed, disciplinary action is meted out (if any), and where the public’s right to know may outweigh any significant privacy interest.”
Once that investigation is complete and we do or don’t find out the juicy details, I wonder if Burt Tsuchiya, the new director of Data Systems, will finally grant me an interview regarding the county’s two-year-old program tracking county worker internet usage. Recall earlier this month when he passed me over to the mayor’s public information officer, Hunter Bishop.
I’d really like to know as much as possible about this tracking program, what it’s finding out about county workers, what internet sites they are most often visiting, how much time they are spending time on the internet, etc.
April 28th, 2009 at 6:16 am
Thanks to Lincoln for addressing my question about “salary cuts” — this seems to particularly be about folks like Lincoln and Bobby-Jean who’ve worked for different County offices and different Mayors before and now start over at the bottom of the salary ladder as “new appointees”. That is good detailed info to have. In public service, I (and other folks I have known) have taken pay cuts or “lateral” moves for the mere enjoyment of a particular job’s challenges — all due to commitment to public service.
I maintain my position from Council testimony last week re 2%: I had much rather see all elected officials and appointees co-terminus with the Mayor take serious cuts in their salaries and perks for a year or two than to ignore 57% of voters and turn our back on a closing window of opportunity to protect our special places on this island from being irreversibly taken away from public usage and enjoyment.
Lincoln is indeed a good public servant.
Lincoln is also a good political servant to his “appointing authority”. Both of these traits is why he as well as Bobby Jean keep getting appointed to these jobs!
Thanks, again, Lincoln. Keep up the good work.
April 28th, 2009 at 6:51 am
Thanks for responding to my previous comment Mr. Ashida.
Correction though.
The “Blogs” that you are referring to in the Hawaii Tribune… ARE NOT BLOGS!
Those are simply “COMMENTS” to an article written in the newspaper.
There is a big difference between “blogs” written by people like Tiff, Aaron and Myself, then random anonymous “Comments”.
If I were in your shoes, I wouldn’t waste public time commenting to “Annonymous People” such as “Hatescorruption”. If a person can stand behind what they write… no need respond to them and waste our county dollars by doing so.
Responding to comments in newspapers… to me is just like commenting on a Message Board like Punaweb.
Is making “Comments” on Sites like Punaweb and the Newspaper considered appropriate use of the Counties Internet infrastructure?
Once again Mr. Ashida, thanks for your comments and maybe I’ll fire you off an email asking you a few questions when I have the time.
April 28th, 2009 at 6:52 am
“If a person can stand behind what they write” Should read:
“If a person CAN’T stand behind what they write”
April 28th, 2009 at 7:53 am
Dear Damon,
I would love for you to clarify the following statement:
“Responding to comments in newspapers… to me is just like commenting on a Message Board like Punaweb.”
As Puna Councilwoman Emily Naeole’s legislative aide, I seem to recall that you were constantly trying to engage me in dialogue on blogs such as hunterbishop.com and punaweb.org, yet never once called me on the telephone.
Recall just this one exchange between us, which you so lovingly re-posted on my string on punaweb.org entitled, “Emily Naeole’s Proposed Amendments to the Puna CDP” in efforts to raise the public’s ire with me for my involvement in drafting the Puna CDP amendments.
“Posted – 07/03/2008 : 21:18:26
quote:
Originally posted by Tiffany Edwards here
To Damon:
Yes, indeed, I love working from home.
It’s 9 p.m. Thursday before Independence Day, I’m on the Internet
on behalf of Councilwoman Emily Naeole.
To both Mr. Orts and to Damon:
Reach Councilwoman Emily directly on her cell at 936-8212, or share your number with
me by emailing me at newswoman@mac.com, and I will pass it along to Emily. You really do need to speak with the councilwoman about her proposed amendments, how and why they came about, and how she intends
to ensure the Puna CDP passes during this Council term. Damon, yes, my official job title is legislative assistant, and that means that I drafted the amendments for Councilwoman Emily Naeole. This does not mean I’m to go on trial for drafting them. Again, I ask that you contact the councilwoman regarding your questions, comments or concerns about the proposed amendments, and why she felt they should be introduced.
Respectfully,
Tiffany Edwards Hunt
legislative assistant
to Puna Councilwoman Emily Naeole
(with your response, Damon:)
Hugs Tiff
Thanks for your hard work on these amendments ”
I think the constituents of Puna will agree that my time on the Internet trying to respond to constituents questions, comments and inquiries was beneficial and informative. I sure would love to hear more from RJ Hampton. As it stands, I sometimes get a response to my emails, never an email notification about a public meeting in Council District 5, and never any engagement in this blog oftentimes pertaining to District 5 issues.
To be fair, I did receive this response the other day to my email expressing concern for the preservation of our centennial town:
“From: district5@co.hawaii.hi.us
Subject: RE: preservation of the heritage district
Date: April 24, 2009 8:14:03 AM HST
To: newswoman@mac.com
Reply-To: district5@co.hawaii.hi.us
Aloha Tiffany,
I hear your concerns and I assure you that my staff is looking into the matter. We have contacted Planning and are checking all aspects of this building project. By the way it is a Burger King KFC and Longs Drug not a McDonalds. I thank you for your offer to do research. Perhaps this is a matter to be taken up by the PCDP action Committee which is still to be appointed by the Mayor.
—–Original Message—–
From: Tiffany Edwards Hunt [mailto:newswoman@mac.com]
Sent: Tuesday, April 21, 2009 4:47 PM
To: Naeole, Emily
Cc: Hampton, Roxanne; Kupahu, Gwendolyn
Subject: preservation of the heritage district
Dear Councilwoman Naeole:
Aloha! I’m writing to express my deep concern that our 100-year-old village is going to be transformed into Anywhere, USA. The unique, eclectic, historic aspects of Pahoa need to be preserved as commercial development occurs here.
The last thing I would like to see in the old village is a McDonald’s. I see the need for legislation establishing a design district for Pahoa, specifying certain development that can occur along the historic corridor of Pahoa Village Road. I am hoping that your office will initiate this sort of legislation establishing a Pahoa Design District. Perhaps this is a job for the Cultural Resources Commission to call for the preservation of other historic towns around the island… but I see Pahoa as being directly threatened, now that work is being done on a second strip mall development at the entrance to the centennial town. Please let me know how I can
assist, like in research for the legislation if necessary, in a round-table discussion regarding the details of the design district, or in offering testimony supporting the legislation you ultimately draft and introduce. I thank you a head of time.
Tiffany Edwards Hunt”
Given the fact that there are two paid staffers and two volunteers working with Emily Naeole, I’m not quite sure who wrote the above from District 5. Nevertheless, I appreciate the information, and I would sincerely love to have a whole lot more on a regular basis.
So, Damon, my point is that I find county staff engaging the public in dialogue on the internet and via emails to be quite useful and helpful.
April 28th, 2009 at 10:07 am
Damon makes a good point in his distinction between blogs and comment sections for online newspaper articles. Currently, however, of the two local newspapers, only West Hawaii Today actually describes those as blogs.
Also in that vein, be aware that both newspapers refuse to post comments from some people (I know this from personal experience) for whatever reasons. And judging from the total lack of comments on nearly all of Reed Flickinger’s editorials and columns (never could figure out the difference – maybe it depended on which side of the bed he got up from that morning), one of those reasons must be a thin skin – it seems that he can dish it out but can’t take it.
A prime example of the above is the editorial/column Flickinger wrote blasting the mayor for not appointing more cabinet members from West Hawaii in which he apparently forgot entirely about Parks & Recreation chief Bob Fitzgerald. Readers might have noticed that that posting – like some others containing some of his wilder accusations – mercifully disappeared in just a few days.
And IMHO Damon’s also right about anonymous comments. I also don’t know why Lincoln bothers responding to or even taking seriously those usually uninformed cheap shots made under a pseudonym. They’re a dime a dozen.
April 28th, 2009 at 4:31 pm
Um, the Hawaii Tribune Herald does the same thing. The articles (be they op-ed or news) with the most comments are considered “top blogs”.
Some journalists do have thin skin. On both sides of the island.
April 28th, 2009 at 4:52 pm
Thanks for the correction about the Trib, RJ. I had only looked at the so-called Rules of Engagement and at the end of an article which contained a “public comment zone.” I missed the “Top Blogs” listing on the main page.
April 28th, 2009 at 6:17 pm
I got an email from Ashida, too. I’ll be posting it soon.
EDITORIAL ASIDE: There is an extra “http:” in the link to the internet policy.
April 28th, 2009 at 6:26 pm
Oops, and the same problem with the link to Aaron’s post! I appreciate your effort to include links, and I know you’ll get the proper procedure figured out.
Oh dear, what a mess! I’m trying to fix these link problems l) — tceh
April 28th, 2009 at 6:26 pm
Tiffany …
For clarification purposes…
I NEVER Once emailed you at your county office from my email account.
I just double checked ALL of my sent E-mails to see if I had ever emailed you at the office and I hadn’t.
The reason that you received an “E-mail” from me about Punaweb… Is because I responded to you through Punaweb and Punawebs Server sent you the message.
I honestly never had your email account while you were Aunties Aide…
The thread you are talking about is here:
http://www.punaweb.org/Forum/topic.asp?TOPIC_ID=6166
And I was asking you about amendments that you had posted on a different thread on Punaweb that is no longer available.
http://www.punaweb.org/Forum/topic.asp?TOPIC_ID=6154
You have been a member of Punaweb since 08/23/2007 almost a year before the above question I posed… so I figured engaging you wouldn’t be something that you hadn’t already done before.
Quite frankly… that was the way I was getting a hold of anyone on PW at the time when I was posting more on PW.
I engage anyone and everyone if the subject matter is worth my time… and found it interesting that as her aide at the time… you would post on a message board.
And Most importantly… I guess you don’t seem to recall what was going on at the time… and I think many people were pretty pissed at the time… That you had made changes in the PCDP right before it was to be voted on… I was asking WHY!
April 29th, 2009 at 3:55 am
I also received a response from Ashida (to different, but related, questions) and have posted it at my blog.
http://poinography.com/wordpress/?p=646
May 5th, 2009 at 9:17 pm
[...] been writing a lot about the County of Hawaii’s worker internet usage investigation (here, here, here, here, and here). The last time I wrote about it was Monday, April 27, 2009, quoting [...]