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Letters for Sunday, May 31, 2009
• Penetrating the fog
• A safe place
Penetrating the fog
For more than a year, trying to penetrate the fog surrounding the advisory opinion issued by the Board of Ethics to attorney Jonathan Chun in March 2008 and the secret legal opinion the board relied on has been like trying to read small print in the dark of night with only the aid of starlight.
The board gave Chun permission to continue representing clients before county agencies despite the fact that Kaua‘i County Charter Section 20.02(D) clearly prohibits such activities and the fact that the board’s own guide to ethical issues supports the plain meaning of 20.02(D).
Then the voters removed any doubt last year by rejecting a charter amendment that would have exempted board/commission members from having to comply with 20.02(D).
With the release of the legal opinion by the board, we can now view the matter in the light of day and it is possible to see why a new member of the board, an attorney, said the legal opinion is “fatally flawed” and why the Board’s advisory opinion lacks any foundation in the law.
In essence, both are based on the insupportable claim that 20.02(D) must be interpreted and applied within the narrow limits of County Code Section 3-1.7.
The release of the legal opinion highlights two questions. First, will the board and the County Attorney’s office admit the mistakes made in the Chun case and take appropriate corrective action?
Second, how will the Board handle the three ethics complaints filed by Rolf Bieber, each of which alleges a violation of 20.02(D), and what legal advice will the Board receive in connection with the complaints? The board will take up the matter in executive session on June 4.
I hold to the hope that our officials will uphold the plain meaning of 20.02(D), take necessary corrective actions, beginning with a notice to members of government that 20.02(D) will be applied when appropriate, and move on.
Following such a course would have the added benefit of showing that government can acknowledge and correct mistakes without the sky falling and that residents respect this form of ethical conduct as much as they respect mistake-free decision-making.
Horace Stoessel, Kapa’a
A safe place
I was the person who was burglarized at the Po‘ipu condo May 18.
I was really looking forward to my vacation in Kaua‘i because of the fond memories I had as a child. For reasons purely coincidental, it has been the longest gap in time away for me from any of the islands.
I brought along with me my girlfriend who is from another country. I told her all great things about the Garden Isle.
Our first full day in Kaua‘i was all about exploring the beautiful island by convertible, stopping along the way to numerous beaches and towns. We were happy and full of the aloha spirit.
We purchased shaved ice and locally grown fruits along with some groceries to have a nice dinner back at our condo. I even found time to have some short conversations with locals along the way.
Imagine our surprise when we returned to find the condo had been broken into. Gone was my Victorinox backpack and my Apple G4 laptop (I am mentioning the name brands on the slight chance they may be recovered). Later, which was not in the police report, we noticed my girlfriend’s iPod and a flask her father had bought for me that was never used were stolen as well.
I tried to add this to the police report later and told the officer would be left a message. My call was never returned.
The backpack, iPod and flask have some minimal value to me but the laptop was the most distressing. I did not back up my music nor did I have all of my pictures for the past 3.5 years backed up. During most of that time I was on sabbatical and spent time in Mexico, South America and Europe. Gone are my photos of the Amazon River Basin and the indigenous people I had met. Gone, are my memories of a little woman who stole my heart for a time in Mexico. Gone, are my memories of my three months on the beach in Santa Marta, Colombia, and my friends and experiences. In addition, I also lost my personal diary of my adventures that I kept during these travels.
The irony in all this is that I was planning to by a new Apple next month and transfer all this information. The value of that laptop is about $100. It is slow and old.
So, thank you, cowardly burglars who decided to ruin my Kaua‘i vacation. I have a bad taste about Kaua‘i now and can no longer enjoy myself there. We left for O‘ahu a couple of days later and had no problems so I will still refer to Hawai‘i as my favorite state when asked. I really did try to enjoy myself in Kaua‘i after the burglary but the memories of my loss kept creeping into my head. The only time they left was on an amazing hike I had at the state park.
As for my girlfriend, she has obviously come away from her first trip to Hawai‘i with mixed emotions. Unfortunately, she has been telling her friends not to go to Kaua‘i because it is not safe. It’s sad because I really am proud of my country but I cannot argue what she has seen first hand.
As for me, I have been to six of the Hawaiian Islands and I will be returning to five of them indefinitely. Hopefully I can one day erase the bad memory of this circumstance out of my head and return to the only island that rivals the foliage of the Amazon Basin.
I wish good luck to all the good residents of Kaua‘i and I hope you can weather this rash of burglaries the way you have many a hurricane. You deserve to have a secure island for yourself and all of your visitors.
Adam Paler, Aurora, Ill.
• A safe place
Penetrating the fog
For more than a year, trying to penetrate the fog surrounding the advisory opinion issued by the Board of Ethics to attorney Jonathan Chun in March 2008 and the secret legal opinion the board relied on has been like trying to read small print in the dark of night with only the aid of starlight.
The board gave Chun permission to continue representing clients before county agencies despite the fact that Kaua‘i County Charter Section 20.02(D) clearly prohibits such activities and the fact that the board’s own guide to ethical issues supports the plain meaning of 20.02(D).
Then the voters removed any doubt last year by rejecting a charter amendment that would have exempted board/commission members from having to comply with 20.02(D).
With the release of the legal opinion by the board, we can now view the matter in the light of day and it is possible to see why a new member of the board, an attorney, said the legal opinion is “fatally flawed” and why the Board’s advisory opinion lacks any foundation in the law.
In essence, both are based on the insupportable claim that 20.02(D) must be interpreted and applied within the narrow limits of County Code Section 3-1.7.
The release of the legal opinion highlights two questions. First, will the board and the County Attorney’s office admit the mistakes made in the Chun case and take appropriate corrective action?
Second, how will the Board handle the three ethics complaints filed by Rolf Bieber, each of which alleges a violation of 20.02(D), and what legal advice will the Board receive in connection with the complaints? The board will take up the matter in executive session on June 4.
I hold to the hope that our officials will uphold the plain meaning of 20.02(D), take necessary corrective actions, beginning with a notice to members of government that 20.02(D) will be applied when appropriate, and move on.
Following such a course would have the added benefit of showing that government can acknowledge and correct mistakes without the sky falling and that residents respect this form of ethical conduct as much as they respect mistake-free decision-making.
Horace Stoessel, Kapa’a
A safe place
I was the person who was burglarized at the Po‘ipu condo May 18.
I was really looking forward to my vacation in Kaua‘i because of the fond memories I had as a child. For reasons purely coincidental, it has been the longest gap in time away for me from any of the islands.
I brought along with me my girlfriend who is from another country. I told her all great things about the Garden Isle.
Our first full day in Kaua‘i was all about exploring the beautiful island by convertible, stopping along the way to numerous beaches and towns. We were happy and full of the aloha spirit.
We purchased shaved ice and locally grown fruits along with some groceries to have a nice dinner back at our condo. I even found time to have some short conversations with locals along the way.
Imagine our surprise when we returned to find the condo had been broken into. Gone was my Victorinox backpack and my Apple G4 laptop (I am mentioning the name brands on the slight chance they may be recovered). Later, which was not in the police report, we noticed my girlfriend’s iPod and a flask her father had bought for me that was never used were stolen as well.
I tried to add this to the police report later and told the officer would be left a message. My call was never returned.
The backpack, iPod and flask have some minimal value to me but the laptop was the most distressing. I did not back up my music nor did I have all of my pictures for the past 3.5 years backed up. During most of that time I was on sabbatical and spent time in Mexico, South America and Europe. Gone are my photos of the Amazon River Basin and the indigenous people I had met. Gone, are my memories of a little woman who stole my heart for a time in Mexico. Gone, are my memories of my three months on the beach in Santa Marta, Colombia, and my friends and experiences. In addition, I also lost my personal diary of my adventures that I kept during these travels.
The irony in all this is that I was planning to by a new Apple next month and transfer all this information. The value of that laptop is about $100. It is slow and old.
So, thank you, cowardly burglars who decided to ruin my Kaua‘i vacation. I have a bad taste about Kaua‘i now and can no longer enjoy myself there. We left for O‘ahu a couple of days later and had no problems so I will still refer to Hawai‘i as my favorite state when asked. I really did try to enjoy myself in Kaua‘i after the burglary but the memories of my loss kept creeping into my head. The only time they left was on an amazing hike I had at the state park.
As for my girlfriend, she has obviously come away from her first trip to Hawai‘i with mixed emotions. Unfortunately, she has been telling her friends not to go to Kaua‘i because it is not safe. It’s sad because I really am proud of my country but I cannot argue what she has seen first hand.
As for me, I have been to six of the Hawaiian Islands and I will be returning to five of them indefinitely. Hopefully I can one day erase the bad memory of this circumstance out of my head and return to the only island that rivals the foliage of the Amazon Basin.
I wish good luck to all the good residents of Kaua‘i and I hope you can weather this rash of burglaries the way you have many a hurricane. You deserve to have a secure island for yourself and all of your visitors.
Adam Paler, Aurora, Ill.
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| Letters for Monday, June 1, 2009 |
Related headlines
- Letter for Wednesday, July 8, 2009
- Letters for Sunday, May 10, 2009
- Letters for Monday, January 12, 2009
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Reader Comments
The following are comments from the readers. In no way do they represent the view of kauaiworld.com.
interesting wrote on May 31, 2009 7:00 AM:
" ---------"My call was never returned."........nice ----------- "
kapahiresident wrote on May 31, 2009 7:19 AM:
" To the thief who stole the old Apple G4 Laptop: Please don't cause the loss of Adam's photos and diary.
Please print out this letter, put them in a bag, with the Apple Laptop and have someone take it into the Kauai Visitors Bureau which is in the same building as Social Security. It's on Rice Street across from the liquor store and Toyota dealership.
Please!
You can do it.
Get those photos and diary back to Adam Paler and do right.
If you know the wear abouts of this Apple G4 Laptop, please do it... "
Please print out this letter, put them in a bag, with the Apple Laptop and have someone take it into the Kauai Visitors Bureau which is in the same building as Social Security. It's on Rice Street across from the liquor store and Toyota dealership.
Please!
You can do it.
Get those photos and diary back to Adam Paler and do right.
If you know the wear abouts of this Apple G4 Laptop, please do it... "
kamika2k wrote on May 31, 2009 10:00 AM:
" RE: A safe place
Here we go another tourist who blames the entire island for 1 incident. Crime is everywhere but hey if you want to spend your vacation on the other islands go ahead - Kauai is very different from the other islands. And tell me which island is not crime free? or where in the world is not crime free? So when you run out of islands to visit well what can I say but "oh wells". Everyone is taking a chance when they travel so lighten up otherwise you may never find happiness anywhere.
Question - where were your belongings? Out in plain sign for the thieves to see? When I travel my belongings that are value to me are hidden and not in plain sight (ie on the bed in my suitcase etc). If they should get stolen "oh wells" I would still file a police report but go on and not let that ruin my vacation - but that's just me. "
Here we go another tourist who blames the entire island for 1 incident. Crime is everywhere but hey if you want to spend your vacation on the other islands go ahead - Kauai is very different from the other islands. And tell me which island is not crime free? or where in the world is not crime free? So when you run out of islands to visit well what can I say but "oh wells". Everyone is taking a chance when they travel so lighten up otherwise you may never find happiness anywhere.
Question - where were your belongings? Out in plain sign for the thieves to see? When I travel my belongings that are value to me are hidden and not in plain sight (ie on the bed in my suitcase etc). If they should get stolen "oh wells" I would still file a police report but go on and not let that ruin my vacation - but that's just me. "
ltereader wrote on May 31, 2009 12:31 PM:
" Adam, it's sad you lost these things, but it's not right to blame the entire Island! There are thieves everywhere on this planet and as an avid traveler I'm sure you're well aware of that. In 1973 I had my backpack stolen in Amsterdam. Should I blame everyone in Amsterdam? That never crossed my mind. In 1987 someone stole my mothers diamond engagement ring (she died when I was a teen so it was very sentimental). Should I blame everyone on Kauai? NO!
Your letter is thoughtless considering how many here depend on tourism to pay their bills and feed their families. I have no idea what Country your girlfriend is from, but I can guarantee it's NOT crime free, so equally thoughtless of her to tell friends "not to come here because it's not safe". Overall Kauai is a very secure place to live and/or travel to. However, we too have some losers that don't want to work for what they want. Oahu has a substantially higher theft rate and to think it's a safer Hawaii destination because you got lucky this time is totally naive of you! Please don't hurry back here since you think stink about Kauai ok?! "
Your letter is thoughtless considering how many here depend on tourism to pay their bills and feed their families. I have no idea what Country your girlfriend is from, but I can guarantee it's NOT crime free, so equally thoughtless of her to tell friends "not to come here because it's not safe". Overall Kauai is a very secure place to live and/or travel to. However, we too have some losers that don't want to work for what they want. Oahu has a substantially higher theft rate and to think it's a safer Hawaii destination because you got lucky this time is totally naive of you! Please don't hurry back here since you think stink about Kauai ok?! "
dawg2000 wrote on May 31, 2009 12:52 PM:
" I don't get these tourists who write in our paper threatening to never grace us with their presence again because of one bad experience. Am I supposed to shed a tear now? This was much more likely to have happened to you on Oahu or probably even in Aurora, Ill, you just lost the statistical lottery. If I see your laptop, I would try to contact you. Don't blame me and the rest of the good people who live here for your loss!
Thank you for helping create awareness of the problem. There are more tactful ways of doing it though. "
Thank you for helping create awareness of the problem. There are more tactful ways of doing it though. "
newsreader wrote on May 31, 2009 4:43 PM:
" I'm sorry for your losses Mr Palar but robberies occur everywhere except perhaps in Aurora, Illinois. Perhaps you shouldn't have brought your Apple Computer with you without backing up such valuable material. Would it have been possible to leave your computer at home since this was a vacation? You didn't mention how the burgular enter your condo. Was it forced entry or did you invite him/her in my leaving a window open or asliding door unlocked? Did the robery change Kauai "Our first full day in Kaua‘i was all about exploring the beautiful island by convertible, stopping along the way to numerous beaches and towns. We were happy and full of the aloha spirit. We purchased shaved ice and locally grown fruits along with some groceries to have a nice dinner back at our condo. I even found time to have some short conversations with locals along the way." Is the Island no longer beautiful? are there no longer beaches and towns? Obviously you are no longer happy and won't be returning to Kauai and no doubt will be spreading negatives to all your frien about the beautiful Islan of Kauai. Do you really think that there is no crime towards locals and tourist on the other 5 islands? Duh!! "
miabearfan wrote on May 31, 2009 5:45 PM:
" Wow, I really feel for people that fall victim no matter what part of the world they are in but am always irritated that visitors have the illusion that nothing can happen here or that if something does happen that the entire island is corrupt. Why blame everyone or "Kauai" when someone is just as likely to have this crime perpetrated on them at home or anywhere else they visit?
If indeed the KPD officer did not call him back, that is not right, but it would be important is for Adam to be insistent and follow up as this information would be important. Call Chief Perry….241-1600.
Adam, not sure what to tell you other than I think you and your girl friend were unfortunate, but you were not singled out or picked on. The criminal just saw an opportunity and took it. To blame all of us in Kauai is offensive to me and with many hard working loving neighbors and families working hard to provide for their own, telling people not to visit here is wrong.
Not sure what you were hoping to accomplish by sending the letter, but I think all you accomplished was to call out that our PD resources are stretched so thin that they can't return a phone call, and that our visitors are often naive and presumptuous. Good luck to you. "
If indeed the KPD officer did not call him back, that is not right, but it would be important is for Adam to be insistent and follow up as this information would be important. Call Chief Perry….241-1600.
Adam, not sure what to tell you other than I think you and your girl friend were unfortunate, but you were not singled out or picked on. The criminal just saw an opportunity and took it. To blame all of us in Kauai is offensive to me and with many hard working loving neighbors and families working hard to provide for their own, telling people not to visit here is wrong.
Not sure what you were hoping to accomplish by sending the letter, but I think all you accomplished was to call out that our PD resources are stretched so thin that they can't return a phone call, and that our visitors are often naive and presumptuous. Good luck to you. "
right is right wrote on May 31, 2009 11:24 PM:
" Re: A safe place.
Let this be a good lesson to all of you out there.... Always back-up your photos and especially your music!
Hey Adam would you like some cheese with that whine? "
Let this be a good lesson to all of you out there.... Always back-up your photos and especially your music!
Hey Adam would you like some cheese with that whine? "
leihiwahiwa wrote on Jun 1, 2009 7:43 AM:
" Right on, dawg2000, I'm so tired of letters that are just Wah, wah, wah, wah. It could have been another visitor that stole your stuff. And who in the world doesn't back up files that are that important?! That was pretty stupid, in my opinion. Come back or don't, big deal, one less ridiculous whiner for the locals working in the visitor industry. "
lawaibob wrote on Jun 1, 2009 12:50 PM:
" Hey Adam, I'm really sorry to hear that some goons stole your stuff and especially those digital photos. I don't feel like you're blaming me, and never mind these geeks who are writing hurtful stuff in response to your letter... they just don't get it. As for KPD not returning your call, there's no excuse for that. Best of luck. "
Fran wrote on Jun 1, 2009 3:39 PM:
" Re: A Safe Place by Mr. Paler...........
Hello People, yes there is crime anywhere you go, but should we all just roll over and take it? I'm sure Mr. Paler and his girlfriend were very upset when writing the letter and were just venting their frustrations. Don't condone the crimes some of these lowlifes choose to commit. Instead of putting Mr. Paler down for shedding light on the problem, maybe we all need to take a look at trying to stop these types of crimes from happening on Kaua`i.
It takes everyone in the community to get involved and put a stop to it. "
Hello People, yes there is crime anywhere you go, but should we all just roll over and take it? I'm sure Mr. Paler and his girlfriend were very upset when writing the letter and were just venting their frustrations. Don't condone the crimes some of these lowlifes choose to commit. Instead of putting Mr. Paler down for shedding light on the problem, maybe we all need to take a look at trying to stop these types of crimes from happening on Kaua`i.
It takes everyone in the community to get involved and put a stop to it. "
sandyb wrote on Jun 1, 2009 8:28 PM:
" Hey Adam, I feel your pain. A few years back, after living on Kauai for eleven years I dropped my guard on my last night on the island. Several suitcases and my backpack disappeared while we were moving and cleaning the house for the last time. Stuff we did not want to ship with the furniture. I did get my computer back (memory wiped), as a friend spotted someone trying to sell it and returned it to me. We never got any kind of report back from the police, no return of phone calls, even with a lead on who swiped the stuff. I think they just have too many thefts to be bothered. But what a pain... clothes, jewelry, camera, credit cards, even my dogs rabies certificates so they could get on the plane the next day I know it was my fault for not watching my stuff, but stealing is just wrong.
I guess most of the comments here put the blame on you, but I think they sound a little defensive.
Sandy Brewer (Yes, I still read the GI )
Winston, MT "
I guess most of the comments here put the blame on you, but I think they sound a little defensive.
Sandy Brewer (Yes, I still read the GI )
Winston, MT "
hanaleiwahine wrote on Jun 2, 2009 1:16 AM:
" It just blows my mind how the tourist have so much time here and there to complain of mishaps....skip the crap and focus on the positive. When you seek joy it will always find you! Try enjoying a vacation in the mainland next time, you may learn how to love Kauai! Stay happy! "
brosol wrote on Jun 2, 2009 12:44 PM:
" You all can sweep it under the rug, but it seems that more and more crimes are starting to happen on this island. It is not an isolated incident and stop putting the blame on the visitor unless you get you stuff stolen and don't have any animosity from it. Also, are you gonna blame the Kauai Food Bank, Salvation Army, KCC and Kapaa High School when they just recently got burglarized? Oh yeah and the violinist that did a charity show for our keiki then had her 15000 violin stolen. Crime is getting worse here and sotimes it is hard NOT to put it on the whole island community. I would be concerned if I fed my children off the money I made from these visitors and seeing these bad experiences cause you know they are not coming back with a handful that they told back on the mainland. "
GILGAMESH wrote on Jun 2, 2009 2:43 PM:
" You liberal idiots are condoning what happened to this poor guy and his friend by bad mouthing him....The "mokes" who stole his stuff should have their hands chopped off when found....Lets bring a type of "sharia" law to Kauai....rape = death, murder=death,thieve=loss of hands.......While on vacation in C. America, in a part of town called , "bacatown", scoring some weed with a local I admiited, hey, this is kinda a scary place,,his response....."NO BODY MESSES WITH THE TOURIST",,we need you guys....and he was correct...We need the tourist dollar....You morons who wrote negative remarks to him, it was probably your low life relative who stole his stuff....and if you failed to realize..."STEALING IS BAD & WRONG"..no if's, no butts.... "
leihiwahiwa wrote on Jun 2, 2009 3:41 PM:
" Hey Gilgamesh, how are we going to cut off the hands of the guy who stole stuff if we don't know who he is? BTW, I think the term "moke" is pretty liberal, don't you? "
AiMoKea wrote on Jun 2, 2009 9:55 PM:
" Unreal. Look at all the negative comments here. What's the deal with accusing this guy of "blaming the whole island"? That is lame. If you go to a restraunt and the food is lousy on tuesday when the backup cook works, you probably tell your friends the place sucks! You practically blame everyone who works there by saying you'll never eat there again. This guy simply wrote the letter, probably mostly to get the word out about his stolen stuff since the PD seems to be busy with who knows what, hoping that maybe somebody will recognize it. Just the fact he posted the letter will make it 10 times harder to unload it. Smart move really.
Pretty lame the attitudes. Everyone who complains about him and his letter of so called "blame" needs to get ripped off of their valuables, and see how you like it.
As far as the theives who stole his stuff and all the other theives, etc... come to my house. You'll know it's me when I bust your kneecaps and chop off your hand. I won't call the police, you will.... when you decide that you are sorry and want to live another day... because you will be sorry. Now take your best shot and hope that you don't cross my path, or my neighbors, cuz we ready for you. Stop being so WORTHLESS!!!!
Hey Gilgamesh - agree with you 100% except for your typical right wing whiny "liberal" idiots comment. That's just childish. "
Pretty lame the attitudes. Everyone who complains about him and his letter of so called "blame" needs to get ripped off of their valuables, and see how you like it.
As far as the theives who stole his stuff and all the other theives, etc... come to my house. You'll know it's me when I bust your kneecaps and chop off your hand. I won't call the police, you will.... when you decide that you are sorry and want to live another day... because you will be sorry. Now take your best shot and hope that you don't cross my path, or my neighbors, cuz we ready for you. Stop being so WORTHLESS!!!!
Hey Gilgamesh - agree with you 100% except for your typical right wing whiny "liberal" idiots comment. That's just childish. "
GILGAMESH wrote on Jun 4, 2009 1:37 PM:
" You got it Cuz,,no more whinning about liberal's...Heck, it ain't them personally, most my best friends are from that mind set..It's just that, and you might agree, what was once wrong is now right,,what was once good is deemed bad,,,I should focus on a note that might persuade a change in belief instead of constant whinning...in capital letters,,"NO MORE WHINNING ABOUT LIBERALS", we all red inside..... "
dawg2000 wrote on Jun 5, 2009 3:19 PM:
" Hey AiMoKea and Gilgamesh -
I had sympathy for the guy right up until he started insinuating that Kauai is a dangerous place to be, apparently more dangerous than a 3rd world South American country. He went above and beyond simply alerting us to a problem and looking for help getting his laptop back. He decided that we are dangerous people and he will punish us by not coming here and telling his friends to not come here, and he wants us all to know it. Its an irrational response. He's not just going to avoid the condo where he got ripped off or simply take better precautions next time. No, he's going to go to "safer" places like Oahu, the Amazon Basin, and whatever country his girlfriend is from. So screw him. You should be defensive about his comments if you have any pride in this island. It has its problems, but it's not Oahu. "
I had sympathy for the guy right up until he started insinuating that Kauai is a dangerous place to be, apparently more dangerous than a 3rd world South American country. He went above and beyond simply alerting us to a problem and looking for help getting his laptop back. He decided that we are dangerous people and he will punish us by not coming here and telling his friends to not come here, and he wants us all to know it. Its an irrational response. He's not just going to avoid the condo where he got ripped off or simply take better precautions next time. No, he's going to go to "safer" places like Oahu, the Amazon Basin, and whatever country his girlfriend is from. So screw him. You should be defensive about his comments if you have any pride in this island. It has its problems, but it's not Oahu. "
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sunkauai wrote on May 31, 2009 6:39 AM: