Aloha Everyone- Yesterday was a sad day when Mayor Bernard Carvalho decided to veto Bill 2491. Yesterday, he also actively chose to expose privileged attorney information which can now be used by agrochemical companies and their lawyers against the County. And shockingly our County Attorneys willingly complied without cautioning him against this. As youll read from the press release below, there is public outrage and disappointment that the Mayor chose to ignore the voices of thousands of marchers, doctors, nurses, union members, teachers, parents, the County Council...and voters. But even more important... Based on your emails, the voters and families of Kauai now want to help EVEN MORE to encourage our Council to override the Mayors veto! In the coming days there will be many Calls to Action that will enable us to move forward in unity to help our County Council achieve an override vote. Stay tuned! _________ 3 Things You Can Do TODAY To Help Override the Veto! 1. MOST IMPORTANT! Send a letter to Council members, encouraging them to hold steady, and stand loyally with honor and pride by their YES vote for the children and families of Kauai (particularly our west Kauai children): Write to: [email protected] 2. Send a letter of dismay and disappointment to the Mayor, with Your Veto is So Disappointing in your Subject line. In a few sentences, let him know the meaning of democracy, transparency and accountability. Write to: [email protected] 3. Take this QUICK ONLINE POLL (10 seconds!) Q: Which of these describes your reaction to the Mayors veto? (Click here to respond. Final results shared at StopPoisoningParadise.org on Nov. 2). And for more detail on the Mayor veto, see the press announcement below. Post it on FB ! Share WIDELY with friends & media! ________________________________ Mayor Vetoes Bill 2491 and Leaves County Vulnerable by Disclosing Privileged Attorney Memo Mayor Actions Seen as Ethically Indefensible, A Betrayal of the People, And Only a Minor Setback to Winning 2491 Mayor Bernard Carvalho chose to veto Bill 2491 on Thursday, October 31. The Bill called for pesticide disclosure by the chemical-GMO industry, a health and environmental impact study, and very moderate buffer zones in the most sensitive areas. His decision was met with frustration and outrage, but above all a firm commitment to move forward without his support. The medical community, impacted residents, environmentalists, cultural practitioners, farmers, teachers and labor unions came together to work on this Bill, the first common-sense step to addressing concerns over pesticide use on the island. Though the Council was apprised of every single issue that the Mayor seems to take concern with, they still decided in a 6-1 vote to move forward as an overwhelming majority, said Council Member Gary Hooser, who co-introduced the bill. With aloha comes kuleana, and we will continue with our work to protect our peoples health and safety. Mayors Actions Seen as Political Smokescreen and a Betrayal of the People. In a 4-page Press Release, the Mayor elaborated his reasons for a veto and suggestions for alternative solutions of voluntary action. Bill supporters called the Mayors position weak excuses and a political smokescreen. Phd candidate and social justice advocate Andrea Brower stated: Historically, this industry has fought any and all types of regulation, and it is their routine strategy to use voluntary action as a way of gutting attempts to regulate them. You can talk until you are blue in the face about collaboration and voluntary action, but that wont make it happen. The chemical corporations, often with support of the State, have been fighting tooth and nail at the legislature to limit the ability of counties to protect the health and life of their residents. To believe they are suddenly going to work with us to resolve our pesticide concerns is either a grave misunderstanding of the situation, or a thinly-veiled decision to align full-fledged with the interests of the industry. Waimea resident Klayton Kubo, who has been trying for over 10 years to get Pioneer DuPont to voluntarily reduce their dust-burden on neighboring residents, said that the days events: Show The Mayor Is Not Interested In Protecting The Rights Of The People Of Kauai. A main concern cited by the Mayor was the changing of pesticide-free buffer zones into crop-free buffer zones. Critics pointed out the irony that these changes in the bill were amendments made by the Mayors newly selected County Manager, Nadine Nakamura. It is the legal responsibility of the County Attorneys Al Castillo and Mauna Kea Trask, who was in the room while these amendments were being discussed, to advise the Council about any concerns regarding these changes, which they did not. Critics also wondered why the Mayor did not choose to allow the bill to pass into law and then request amendments, as is typically the process. Marghee Maupin, a nurse practitioner in west Kauai, stated: The Mayor talked about balancing the needs of all his constituents, but how could this not include addressing the possibility of rare birth defects 10 times the national average? He is pointing to the environmental and health impact study (EPHIS) as a main part of his solution, but a study without full and mandated disclosure is utterly meaningless. He has heard so clearly from the medical community about why we need ongoing and legally-mandated disclosure to serve our patients - the people he has a moral and legal obligation to protect - but the Mayor has chosen to ignore us and abandon them. Lorilani Keohokalole-Torio, Kauai representative of The MOMs Hui, stated: I am not only disappointed but feel deeply betrayed by the Mayors actions. They are clearly a slap in the face to Mothers that live and work from Mana to Wailua especially. Its as if he intentionally has not heard the pleas of help coming from the most desperate voices on the Westside. She said that across the islands, the MOMs Hui will continue to build their work to protect and support keiki and Ohana. Release of County Attorney Opinion indefensible. In announcing his decision to veto, the Mayor also released privileged legal communication from the County Attorney to the chemical companies who have threatened to sue Kauai, raising concerns regarding the Mayoral duty to protect the County as chief administrator. At the Kauai County Councils October 15th meeting, Syngenta attorney Paul Alston asked for release of the County Attorneys legal opinion. In response, Council Member Bynum stated: you have said that its a given that you would challenge us legally. Why would we want to release our attorneys detailed opinion and analyses prior to what may be a lawsuit? Council Member Yukimura also reasoned, In court, the process is an adversarial one, so you dont disclose your strategies or information to the other side. So if we are going to court to defend Bill 2491, as is a possibility, then its in my opinion and usually counsel will advise as such, that we do not reveal our hand. Earthjustice Attorney Paul Achitoff commented: The Mayors release of the County Attorneys privileged legal opinion - which the County Council properly refused to allow - is a shocking and indefensible gift to the chemical industry. The Mayor, if not the County Attorney himself, apparently hopes to sabotage the Countys defense of the lawsuit the industry has promised after the Council overrides the Mayors veto. Im confident the Court will agree that its the County Attorneys legal analysis, not the bill, thats flawed, but the Mayor had no business doing it. Veto Only a Minor Setback as Actions Build While the Mayors actions are being seen as a double betrayal, they are also considered only a minor obstacle in the bigger picture of a growing movement for a healthier, safer, more democratic Kauai. Bill supporters say they will turn their attention to several initiatives, including ensuring an override. Fern Rosenstiel, Ohana O Kauai Director, stated: This bill has brought so many people together, built so many new strong alliances and coalitions, and that is something that no veto or little setback can extinguish. I actually think it would have been more strategic on the industrys part to support and comply with this bill, as we were not asking for much. But in their efforts to block us from even the most common-sense protections of our land and people, they have ignited the movement against them.
Posted on: Sat, 02 Nov 2013 21:47:02 +0000
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