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Lincoln Ashida
I just perused Corporation Counsel Lincoln Ashida’s June 23, 2009 opinion prepared for the Office of Information Practices regarding Hawaii County Council Member’s recent Sunshine Law violation. I have got to say that I’m pretty disappointed with our head county attorney. I do understand that Lincoln Ashida is in the precarious position of defending the County Council, and really that is the only way I can justify the five pages of b.s. that I just read.
Of course, Lincoln Ashida can’t come out and say that council members are guilty as hell of a misdemeanor and every one of them who is in violation of the Sunshine Law should spend some time on the side of the road picking up litter or holding a sign for passersby that reads, “I promise never again to violate the Sunshine Law.” No, Lincoln Ashida has to craft an opinion in which he tries to convince his buddies at OIP that the Sunshine Law violation was inadvertent, that it’s not the blatant disregard for the open meetings law and the public’s right to know that it appears to be.
“In communiation received from your office, we note OIP has periodically referred to local media reports and premised some questions based on representations contained therein,” Lincoln Ashida wrote. “Although these media reports may provide a general recitation of events, we respectfully caution OIP to independently corroborate those representations, since some reports we have seen contain unfortunate editorial innuendo weaved into the reporting of factual events.
Editorial innuendo, huh? If there is any editorial innuendo, it’s seasoned throughout Lincoln Ashida’s opinion. I’m going to spare you the hinting and tell you exactly what I think: Council members are guilty as hell of violating the Sunshine Law in the recent reorganization and the only “cure,” if there is one, is for everyone to be truly honest and merciless about it.
“Turning to a cure, the on-the-record disclosure made by each Council member followed by an individual inquiry of each Council member by our office revealed no further indavertent (or willful) violations; thus the present record is factually accurate,” Lincoln Ashida wrote. “The County submits no further action is necessary.”
Oh, please, Lincoln, spare me. With all due respect, admitting wrongdoing on the Council floor is no “cure.” Facing penalties for the misdemeanor violation is the cure. As a fierce defender of the Sunshine Law, I have no patience for the county attorney trying to further erode an already-way-too-eroded Public Meetings Law. To say that council members exonerated themselves by publicly disclosing that the violation occurred is like saying that someone who steals shouldn’t be charged with theft if they offer police a confession. Hello?! Is this illogical, or what?
I do agree with Lincoln Ashida when he asserts to OIP that this recent reorganization was not an effort from the so-called Hilo boys on the County Council to “seize power” over their West side counterparts. I think it is a lot more complicated than just east versus west. In short, it’s a matter of certain council members thinking that they are supposed to be acting as a unit, or team, and trying to impose their will on other rogue and individualistic council members. Rather than unify the supposed team, the council members leading the reorganization have sabotaged relationships and basically just polarized the Council, potentially for the duration of the Council term.
If anything positive comes from all of this, I wish for two things: One, I personally would love to see this whole east-west b.s. dissipate and, two, I would like our elected officials to stop unashamedly showing a disregard for our representative democracy and the Sunshine Law that protects the public’s right to know.
For my second and final wish to be granted, OIP will have to side with the public and rule a Sunshine Law violation occurred with the recent Council reorganization, and our prosecutor, Jay Kimura, will have to take the bold step of slapping our council members with misdemeanors and prosecuting them. Are you willing to show the public you are on our side, Jay?
July 7th, 2009 at 5:46 am
Thanks, Tiff.
I too found Mr Ashida’s 4 pages and his time writing it a waste of public expenditure.
“Inadvertent”?
How so, Mr Ashida? Just because you said so? Huh?
Also, Mr Ashida refers to Council “leadership”.
However, neither the County Charter nor HR 92 (‘Sunshine Law’) say anything about Council “leadership”. Both the Charter and the ‘Sunshine Law’ do address Council “Officers” and those “Officers” do NOT include committee chairs.
No, Mr Ashida has not served the public interest and this disservice was not “inadvertent”!
Shame!
July 7th, 2009 at 6:33 am
For a supposed “legal opinion” there was certainly a lot of public relations spin. Ashida is part of the “team” for sure. He also didn’t address the fact that Yoshimoto told Hoffman he had 5 votes. It’s possible that Hoffman is lying about it, and also possible that Yoshimoto was lying to Hoffman. Otherwise, you can’t get to 5 votes with discussions among 4 people.
July 7th, 2009 at 7:24 am
Those who might await Jay Kimura’s enforcement on charter violations or state law will sit for a very long time, I fear.
He ain’t no Paul M. de Silva.
July 7th, 2009 at 8:08 am
Why does anyone seem surprised by Mr. Ashida’s “opinion”?
Mr. Ashida is not a “public watch dog” as he is appointed by the mayor to be part of the “team”.
He is a great “team” player and serves the executive and legistative branches of county government well.
If we want Corp Counsel to serve the people of this county then we need to have that department head elected by the people.
July 7th, 2009 at 8:33 am
Yep. Both corp. council AND county clerk need to be elected, not appointed brown nosers.
July 7th, 2009 at 8:42 am
If we’re this unhappy with some of our elected officials, what makes us think that electing the county attorney and county clerk would serve us any better?
Wouldn’t the same “power brokers” who supposedly control things now just add them to their stable?
July 7th, 2009 at 9:24 am
I don’t agree with your pessimistic view Mike. We do have some level headed elected officials serving us on the County Council, yet we choose to single out those that fail us.
When we elect our representatives in government it empowers us. We can continue to complain and do nothing or we can make a difference by becoming active voices for change.
July 7th, 2009 at 10:07 am
This is a sad state of affairs. The OIP has no power to prosecute. And Kimura, I can bet my balls, will do nothing to prosecute either.
All we can do is support the independent legistlative auditor, Collen Schrandt, and hope that she can, after investigating, write a legal opinion about these ethical breaches, not only with County Council and Corporation Counsel, but all of the other departments.
And with her office’s opinion, use that to vote out certain incumbents.
“Power corrupts and absolute power corrupts absolutely”.
July 7th, 2009 at 12:44 pm
Seems to me that because the council is elected from districts, not a whole lot of change is imminent.
If people are satisfied with the status quo as far as county services and taxes are concerned, they tend to either stick with the incumbent or a “safe” candidate or just stay home.
I wouldn’t hazard a guess as to the numbers, but my take on it is that those who are truly incensed by what happened are a vocal, but small, group.
And when you say “we,” you’re singing to the choir. The people you need to convince aren’t hanging out here.
July 7th, 2009 at 3:15 pm
“Turning to a cure, the on-the-record disclosure made by each Council member followed by an individual inquiry of each Council member by our office revealed no further indavertent (or willful) violations; thus the present record is factually accurate,” Lincoln Ashida wrote. “The County submits no further action is necessary.”
I so can’t wait to sit in his class this fall.
July 7th, 2009 at 3:31 pm
Mike makes sense but his election question begs comment. I remember from my time in Nevada all jobs seemed elected from state Supreme Court justices to village dog catchers. There seemed to more accoutability there.
The decision last election to avoid a Con Con convinces me, however, that Hawaii folks don’t wish much revision in their lives.
Just ponder if Bob Awana’s e-mails would be a secret or if the impasse between the statewide unions and the Govenor would be in place with an independent attorney general.
Further, how can Ishida be expected to serve the mayor and the county council concurrently? Makes no more sense now than when the late Clifford Lum ran the planning process from the Corp Counsel’s office.
July 7th, 2009 at 3:38 pm
Wouldn’t it be nice if we could just say, “OH, I didn’t mean to be driving 100 mph when I was drinking. It was inadvertant, not on purpose. Really sorry about those cars that got in my way. Oh well, no harm (to me), no foul.”
Even better, a judge to say “Okay. Have a nice day.”
Kim
July 7th, 2009 at 5:36 pm
Kim,
You’re on a roll today
July 7th, 2009 at 5:47 pm
Thank you James. Good to have you back.
July 7th, 2009 at 8:02 pm
Ashida has been sold, paid and bought. He will never do the right thing by our community and is only their to push the agenda of Kenoi (because Kenoi appointed him), only council members supporting Kenoi, department heads and county employees. He is paid with by our tax dollars but we are the last of his priorities. This ruling shouldn’t come as a shock to anyone.
Ask the independent auditor, who is working independent and supposedly under no influence of any department. Who is her office’s legal counsel. Guess? Confidentially, she is not pissed because he constantly tells her, “don’t worry about that. This is the way things are always done.”
Typical old boy politics to protect their own and sweep it under the carpet.
Why do you think Stacey Higa is suing County and Ashida, personally. I am not a Higa fan but think about it. Ashida had all to benefit from the publicizing of the lawsuit to embarass Higa and derail his campaign. It was filed confidentially, Chang was to embarassed to have it played out in court publicly. If Kenoi wins mayoral election, Ashida stays. And if Higa would have won the election, Ashida would have been out of his appointed office quicker than his head could spin. He would have no chance of making it in this town in private practice so he released documents to Jason Armstrong. Armstrong is the very one to break the story on Offenbacker’s internet issues under Yagong. But Armstrong has yet to release names of employees in Kenoi and Ashida’s office who were abusing internet.
Who else would have the authority and the motive in Corporation Counsel to publicize filing of lawsuit? Ashida was the leak.
My understanding is that Ashida is going to negotiate a settlement with Higa, Ashida will talk a big game and posture about fighting law suit but the finger points to him on publicizing of lawsuit and he doesn’t want it to get out publicly what he is responsible of doing. Plus he would and should get disbarred for it.
And who suffers, us, the tax payer.
July 7th, 2009 at 8:03 pm
My mistake, auditor is pissed.
July 7th, 2009 at 9:59 pm
The Corporate Council wouldn’t know sunshine if it was pumped up their ___ They have destroyed politiicians and denied rights. They are ignorant as to the doctrines of estoppel or ethics. EVENTUALLY THEY WILL GET A LITTLE TO CUTE kARMA IS LIKE THAT.
One lawyeer in that office she basically told me my attempts at having her office follow the law was futile. I have no respect for her i just admire the fact that she blatantly gives a rats ass what the taxpayer thinks.
July 8th, 2009 at 8:12 am
Tiffany: So did Fresh ever return your phone calls?
July 8th, 2009 at 8:26 am
Fresh is too busy running his side business and putting up his new Korean bar hostess girlfriend in her new place, which he is paying for out of his county council paycheck. While he is living at home with his parents.
But I am not going “ballistic”, just being informative.
July 8th, 2009 at 8:52 am
Hi Rich,
Inflammatory remarks from Ivantatum aside, no, Fresh has not returned any of my phone messages… He has chosen not to call me even after his mentor, Elroy Osorio, dialed his number before my very eyes and appealed for him to call me.
Fresh reportedly ran into former District 4 Councilman Aaron Chung and asked him if he should call me back… Aaron reportedly told Fresh he owed it to me to return my phone messages… Fresh has reportedly even ignored Aaron Chung’s advice…
I have to be honest and tell you that Elroy Osorio is 84 and I’m in my 30s… and Elroy dialed Fresh’s cell phone number right in front of me and I could not look away…I memorized the number, wrote it down, and I will dial it when I have the time and interest… Fresh, you have been forewarned that I now have your cell phone number.
I’m hoping to find the time today to write details about the the very interesting interview I had with Elroy Osorio regarding Fresh Onishi and the Council reorganization as a whole… You all will find it quite enlightening, I’m sure.
I’m sorry that it has taken me awhile to get that out. I have been swamped with other things, and I also wanted to take time to mull over everything that was said and wait a while to see if Fresh was actually going to listen to his mentor and return my calls…
July 8th, 2009 at 11:03 pm
If Fresh doesn’t call, it shows how out of touch he is in his position. A councilmen talking to the media is not something you need to ask others for advice about. It comes with the territoty. Even if he does finally set up a meeting for an interview after you having to call and be dog him, is still not good enough for me.
Like when you get up in the morning and brush your teeth, a councilmember takes on all comers when it comes to interviews. Everyone. Politics 101. No one needs advisement on your professional duty.
Imagine if a catasrophy or natural disaster happens, are the voters of our island not going to be communicated too. He is from my distrct and this is not very comforting to me. I can’t say there were any decent choices in my neighborhood anyway. No Stacey Higa, Aaron Chun, Elroy Osorio, Dominic Yagong. Experienced, responsible, and leaders with humility and brains.
I had Fresh and Andy Baclig. I know both personally. Andy is a friend of the family and I know his kids. Fresh’s brother, Richard, was my football coach along with our head coach Harry Kim. Andy is not the brightes tool in the shed but Fresh is flat-out lazy and complacent. I actually voted for Andy. But I wasn’t to confident in that vote.
But people in my district were going to vote along racial profiles and there was no way Fresh would lose. A Harvard/Stanford graduate would lose to Fresh in this neighborhood. Not necessarily the best candidate wins around here.
July 9th, 2009 at 7:29 am
Ivan, please take a deep breath when Councilman Oishi becomes the topic. I share Curtis Narimasu’s bottom line conclusion that Mr. Oishi committed a ” rookie mistake ” in the reorganization matter. Although I can understand why he maybe hesitant to jump into what he may perceive as a den of lions, he is making another rookie mistake by not having an interview with Tiffany. To me, the whole thing is much ado about nothing. Smearing and character assasination are not helpful, and more troubling when coming from an anonymous person.
Curtis, thank you. I too have become a big fan of your writings, especially your frequent provocative insights, often placed in a historical context. I suspect you are also ruffling a few feathers out there. I look forward to more of your offerings and the reactions your work is bound to generate.
RP
July 9th, 2009 at 8:11 am
Rich,
You don’t know Fresh as well as I do so when you have no inside knowledge, you should sit back and observe. I have known him for years, he ran the gym that I volunteered coaching basketball players at, I have drank with him and my two other cousins on numerous occassions, I know both of his brothers personally (one was my football coach, the other was PE teacher) and I played in a basketball league that he ran over 25 years ago. But I don’t place my vote on someone because I know them personally or based on ethnicity, unlike a lot of locals, but based on competence and how good a job they will do serving us. Basing your vote on whether you like someone is why everyone is complaining about yoyo Emily because people voted for her because she was cute or because she is Hawaiian. That should not be the elected process.
Second, my anonymity is because I have a pending civil lawsuit against the county and I needed to go to Honolulu to hire one of the state’s best attorney’s. I did not trust any of the lawyer’s in Hilo because it is a case that needed someone tough and because most lawyers were afraid to take my case. A real lawyer, know what I mean Rich. And my lawyer, MG (guess who), has adviced me not to speak publicly against the county.
And I have every right, based on First Ammendment Law, to remain anonymous because of retaliation by the county who has retaliated against me and my business in the past. Like they have a lot of other people. And I do want to contribute. You do understand the law, huh, Rich?
Third, if you think it is ok for a councilmember not to sit for an interview, I think you are respectfully wrong.
July 9th, 2009 at 8:52 am
I correct myself, everyone should contribute to this blog even if they do not have inside knowledge. Everyone should express their opinions and debate issues.
But, Rich, you should not be telling others how to express themselves when you have no inside information to provide especially when you do not know the terms of my case and why I am expressing myself the way I am. If you have inside knowledge, I have an FBI agents number in Kona that would take your information.
A smart and competent attorney would not allow his client to openly criticize and then reveal himself if there is a lawsuit pending against the very county he criticizes and sues.
I stand by my analysis and comments based on the information that I am getting from current and former county employees and other businesspeople, whose livilihoods depend on honest government practiced by appointees and elected officials and it is not coming. These officials are there to serve us and protect us. The people inside the county don’t feel that way. You have county employees running to the legistlative auditor and West Hawaii Today and giving up information they have inside knowledge about. There is another story coming out today in the WHT, I believe. The BIC bloggers do not know but we do because we are the ones filing lawsuits, directing writers on scandalous government practices taking place. Who do you think told the WHT about Kaimana Pumping Service (which is costing the county millions) Howard Ishii’s dozer gate (which is also costing the county millions) and what business people are having to take business losses while those in the inner circle get away with waste, grafts, and corruption. Guess.
All this debate is “nilly-willy”. You can ask for interviews and they will be evasive and not tell the truth. You can sign petitions and it will be ignored. You can write legistlate laws (new and old) and they will either have Ashida drawing his own conclusion concerning issue (re:Sunshine) or it will be simply be ignored (re: marijuana irradication or Open Space).
You get results by filing lawsuits that hold the county accountable and you ask the feds to come in and investigate and prosecute when there are crimes committed. That is the only way you can get results.
July 9th, 2009 at 9:26 am
I may be wrong on this – but isn’t the Council Mr. Ashida’s client? Doesn’t he have an ethical duty to fight for them when they’re in trouble? No matter what stupid thing they did?
I’m just not sure he deserves all this heat.
July 9th, 2009 at 9:55 am
Ivan, I voted for Fresh because my parents didn’t know either candidate. They always voted for Chung and Higa. My dad had a problem with flooding from a neighbors property, he called Higa’s office, and Higa came out and helped solve the problem. Same thing with Chung, we needed help with the neighborhood watch, and Chung set up a meeting to help get us going. Onishi has been real quiet, and my mom said she heard some disturbing rumors about him going to Thailand quite often to “fool” around. I don’t think we are ever going to vote for this person again. My mom’s a retired teacher, and she said it is a fact, and all you gotta do is check his passport. yikes, makes me want to throw up that he is representing us, maybe that is why he doesn’t want to talk to Tiff.
July 9th, 2009 at 10:04 am
M, you are exactly right… the County Council is Lincoln’s client and he is merely doing his job. But his job to be servant to two masters (the County Council and administration) puts him in a very precarious position that generates heat on its own. The thing is, in this case we are asking Lincoln, who, with OIP, trains elected and appointed officials on the Sunshine Law, to admit that our County Council blatantly violated the law… Wishful thinking; it’s not going to happen, but we would like for someone in our local government, if not the mayor, than Corporation Counsel or the prosecutor, to be honest and merciless when it comes to this Sunshine Law violation.
July 9th, 2009 at 10:42 am
M and Tiff,
Who does the County Corporation Counsel work for?
The people of this County.
When the public interests are not being served, it is the “ethical duty” of the Corporation Counsel to “fight” for the public interests.
The Corporation Counsel’s “ethical duty” is not to cover up for Council Members, Mayor, Department Heads or anyone on the public payroll who willfully violates the law.
Margaret Wille has some very interesting comments and excerpts from recent Charter Commission minutes about who the Corporation Counsel works for http://www.margaretwille.com/home/?q=node/121.
July 9th, 2009 at 10:45 am
SB-Thank you. I am not trying to smear anybody but just telling the truth and I have the inside knowledge of a lot of it. I could have mentioned the trip to Thailand but like the AJA’s say, “that was pass”. So i “neva like meshion.” But he did put up a Korean bar hostess. Gross.
Take my word when i post, it might be imflammatory but it’s all true and I know what I am talking about it.
Hear that Richard Petersen. Let’ get contributions on your part. If you have an actual well thought out comment to make.
July 9th, 2009 at 10:55 am
You get results by filing lawsuits and holding the county financially responsible for their back-door deals and mistakes and you make complaints with the FBI and US Attorney’s office to prosecute. That’s what you do. You hit them in their pocketbook and put them in prison. It is the way the Department of Justice has fought racketeering and it works.
August 25th, 2009 at 11:24 pm
[...] against Hawaii County Council members for the June 16, 2009 reorganization that violated the Sunshine Law. See the motion to dismiss here. Lincoln Ashida argues that WHT’s claims are moot and the [...]