LIHUE — After almost two hours in executive session Wednesday morning, the Kauai County Council unanimously approved an additional $225,000 for the county to defend itself in a civil rights lawsuit filed by Councilman Tim Bynum. Bynum neither participated in
LIHUE — After almost two hours in executive session Wednesday morning, the Kauai County Council unanimously approved an additional $225,000 for the county to defend itself in a civil rights lawsuit filed by Councilman Tim Bynum.
Bynum neither participated in the discussion nor voted on the matter.
“I just want to reiterate that this is a very unusual case, one that deals with a lawsuit with a fellow colleague on the council,” Councilman Ross Kagawa said.
To Kagawa, the council cannot worry whether it would be cost-effective to the public to settle the case.
“This is a time when we need the truth to come out and we need to go to trial for this case,” he said.
Altogether, the council has approved at least $511,000 so far in private attorney fees in the case. The money approved Wednesday is to be split equally among the three defendants named in the lawsuit; former Prosecuting Attorney Shaylene Iseri-Carvalho, planning inspector Sheilah Miyake and the county of Kauai.
The lawsuit filed Sept. 19, 2012, alleges political motivation as the reason for a prior prosecution lodged against Bynum over alleged zoning violations.
The 5th Circuit Court dismissed the charges against him with prejudice on May 3, 2012.
Last May, Iseri-Carvalho said she was not involved in the dismissed misdemeanor case against Bynum because it carried relatively light penalties, compared to felony charges she routinely reviewed as a prosecutor.
She asked the council not to settle with Bynum, and said her attorneys would file motions to dismiss the case in the first week of June.
The lawsuit filed by Bynum states Iseri-Carvalho and Miyake had ulterior motives to go after him. Miyake had no warrant and illegally trespassed onto Bynum’s property, charged him with a zoning violation and then send it to Iseri-Carvalho for criminal prosecution — all against the advice of the County Attorney’s Office, the complaint states.
Furthermore, the lawsuit states county planning officials “maliciously” informed potential buyers for Bynum’s Wailua Homesteads property the alleged zoning violations would run with the land and become zoning violations for the new owners if the sale were to be closed.
“In making these false and malicious statements to the buyers, County of Kauai planning officials intentionally induced the buyers to terminate the written sales contract and cancel escrow,” states the lawsuit, adding that as a result of the failed sale of Bynum’s property, he “has suffered general and special damages in an amount to be proven in trial.”
On Wednesday, Kapaa resident Glenn Mickens testified on behalf of Iseri-Carvalho.
He said he feels qualified to offer personal judgments on people in county government, after having followed most council meetings for the last 20 years.
“I simply want to give her my strongest vote of confidence in her legal battle ahead,” he said.
In October 2010, County Attorney Al Castillo said if it weren’t for financial concerns, he would rather take every case against the county to trial.
But the reality is, “this is not our money, this is the money of the people of Kauai,” he said.
Castillo said then that just to go through the discovery process, it may cost $250,000, and going to trial may cost another $500,000.
So far, from the $511,000 approved by the council, $211,000 was for Iseri-Carvalho, $150,000 was for Miyake, and $150,000 was for the county.
If the case eventually goes to trial, besides amassing more attorney fees, the county could be faced with paying a large sum to Bynum, and also paying his attorney fees, as the lawsuit is a civil rights complaint.
• Léo Azambuja, staff writer, can be reached at 245-0452 or lazambuja@thegardenisland.com
