Keiki POHAKU rolled to next week

LIHU‘E — The Kaua‘i County Council on Wednesday reached a majority vote on a decision that would allow a new youth diversion program to go forward. But with a reduced quorum of five council members, a 3-2 vote wasn’t enough to allow the Office of Prosecuting Attorney to apply for $35,000 in federal funds for Keiki POHAKU.

“If we end up not getting the four votes, this reappears at next council meeting as the first agenda item,” said Council Chair Jay Furfaro, explaining the rules regarding “money bills” prior to the roll call that pushed Keiki POHAKU to next Wednesday.

Council members KipuKai Kuali‘i and Tim Bynum were absent. Kuali‘i was on an official trip. Bynum recused himself out of an “abundance of caution” after County Prosecutor Shaylene Iseri-Carvalho said she believed Bynum had a conflict of interest. Bynum has an ongoing complaint against Iseri-Carvalho on unrelated issues.

It took the council three-and-a-half hours of discussion and testimony Wednesday morning, plus an additional hour in the afternoon, before calling for the vote. Community members, state officials and a string of police officers came to the council chambers on a show of support for Keiki POHAKU.

Public testimony was all in support of the program, which plans to address youth who don’t meet the requirements to be referred to Kaua‘i Teen Court, an existing diversion program for youth offered by the nonprofit Hale ‘Opio under a contract with the county.

But there are some requirements that exclude some youth from being referred to Teen Court, such as committing a felony or reoffending on misdemeanor crimes, according to Iseri-Carvalho. And this is where Keiki POHAKU fits.

“Keiki POHAKU will not take people who are not eligible for Teen Court,” Iseri-Carvalho said.

Keiki POHAKU received praises from SHOPO Secretary Bryson Ponce, from Kaua‘i Police Department Assistant Chief Ale Quibilan and from Bill Arakaki, Kaua‘i Complex Superintendent at the state Department of Education. They all said they support Keiki POHAKU and Teen Court.

Ponce said that when it comes to youth, the council should not be deferring the issue, as the youth need help now. Arakaki said it’s exciting that POHAKU instills Hawaiian values into the youth.

Neither of them, however, were able to answer Council Vice Chair JoAnn Yukimura’s administrative questions about Keiki POHAKU.

During closing statements, Furfaro said Keiki POHAKU and Hale ‘Opio’s Teen Court are two sides of the same coin. He acknowledge a large support for Keiki POHAKU, including a petition signed by 113 people.

“At the same time, I was a little discouraged because those people who came to testify weren’t able to give credible comments about how they assess the program itself,” said Furfaro, adding that Keiki POHAKU is a new program, and he would support it.

“Quite frankly, it’s tough to be a young person today,” Furfaro said. “Some of us know that these drug issues touch all families.”

Councilman Mel Rapozo said Keiki POHAKU is a supplemental program that “won’t touch the Teen Court eligibility.”

“We have an opportunity to reach out to kids who cannot get to Teen Court,” he said. “There’s no doubt in my mind that politics is playing a role in this.”

He said never before the council had micromanaged a grant application like this, which is delaying the program.

“The procurement contract is supposed to be from Aug. 15 to June 30. It’s already October, and we’re still grumbling,” Rapozo said. “It seems like this body is trying to find reasons to vote no.”

Furfaro had said earlier in the meeting he was “discouraged” that an official email sent to him — which was also sent to all council members — from the state Office of Youth Service Executive Director David Hipp was published by The Garden Island.

Rapozo, on his closing statements, said there have been some confidentiality issues, and brought up Furfaro’s comments about The Garden Island newspaper publishing the email sent to all council members.

“Some of the communication that came to us ended up in the media,” he said. “Why? This is our workplace, not the media.”

Councilman Dickie Chang said he couldn’t recall going through so much discussion for something worth $35,000.

“Crime hurts everyone,” said Chang, adding that besides the youth, their families are also affected.

The council has been scrutinizing a program that should have already started, he said, adding that he would support it.

“This was not a difficult decision for myself,” Chang said.

Yukimura said she took offense at charges that she was acting politically by asking questions about Keiki POHAKU.

“This campaign season we are hearing this high-sounding clock about accountability and how the county should avoid large payments or mismanagement and violations of the law, but when I want to ask relevant questions, I’m criticized for doing that,” she said.

It is because of the failure by leaders to ask hard questions that there has been paid settlements and a lack of accountability, she said.

“To say that we should rubber stamp this grant application is failing to recognize the importance of accountability,” Yukimura said. “If our job is to rubber stamp grants, why even require council approval in the first place?”

She said the council needs to know how the program will be developed.

As far as approving other programs faster and easier, it is because other department heads are able to answer legitimate questions, Yukimura said.

“If we’re going to do this, we have got to do it right from the very beginning,” Councilwoman Nadine Nakamura said.

Nakamura said one of her concerns was that no other Office of the Prosecuting Attorney in the state of Hawai‘i runs a diversion program. She heard from some that Keiki POHAKU would be a “pass through,” and from others that OPA staff would do some of the work.

“I’m concerned that the mission of the Prosecutor’s Office is to prosecute,” Nakamura said.

“I’m just not comfortable right now about adding to that mission, because this is about providing an important social service, one that I think needs to be provided on this island, and that’s changing the life of the juvenile offender.”

With the Keiki POHAKU back on the council’s agenda next week, Furfaro said he will try to include an item related to Teen Court, which he had committed to include on the agenda of the Oct. 17 council meeting.

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• Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@ thegardenisland.com.