Judge Ibarra Grants WHT's TRO Request

[Aaron S]

Judge Ronald Ibarra granted West Hawaii Today’s request for a temporary restraining order against the Hawaii County Council today.

http://thekonablog.files.wordpress.com/2...gtro-2.pdf

[Rob Tucker]

Looks like Lincoln Ashida missed again.

What is this guy's batting average anyway?

[JerryCarr]

The Council's backpedaling at yesterday's meeting sort of anticipated this by setting the stage to reverse the changes brought about after the Sunshine Law violation. It now becomes very interesting in terms of whether the violation is judged to be "inadvertant" or "intentional." Despite the increasingly ineffective Mr. Ashida's pleadings that it was not intentional, the intent was clearly to accomplish a majority consensus on the Council leadership changes outside the view of the public. Otherwise, why did the instigators not simply put forward the resolution or legislation without the back-room discussions? This could and should become very interesting (in the proverbial Chinese sense) for the offending Council members.

[Rob Tucker]

Didn't I read somewhere that the penalty for violating the Sunshine Law can be removal from office?

Please someone tell me that is true.

[John S. Rabi]

It sure would be nice! This Council is a joke (with a few exceptions.)

Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
808.989.1314
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"

[james weatherford]

quote:

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Originally posted by Rob Tucker

Didn't I read somewhere that the penalty for violating the Sunshine Law can be removal from office?
Please someone tell me that is true.

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Yes, "summarily removed".
There is also provision for penalty of up to one year in prison.

btw: are there any Korean bars in prison?


James Weatherford, Ph.D.
15-1888 Hialoa
Hawaiian Paradise Park

[Bob Orts]

quote:

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Originally posted by Rob Tucker

Didn't I read somewhere that the penalty for violating the Sunshine Law can be removal from office?

Please someone tell me that is true.

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Not true for Mayor or Council member.
The Sunshine law allows for removal only if "allowed by law".
Hawaii County Charter only allows for impeachment or recall, not via a crime.
Hawaii Constitution sets out the high crimes for removal and a violation of the Sunshine law is not one of them.

[Rob Tucker]

That is disappointing.

[Bob Orts]

quote:

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Originally posted by JerryCarr

It now becomes very interesting in terms of whether the violation is judged to be "inadvertant" or "intentional."

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The odds are it will be inadvertent. I would like the Judge to apply the standard that the subject matter was such that any reasonable person would have expected anyone loosing their position to contact everyone else. So, they really should had no reasonable reason to believe that all the Council members wouldn't have been contacted and so proceeding with the discussion amounted to an intentional serial communication.