The County Council’s unanimous and historic vote to launch its first-ever Official Investigation (on anything) could very well be terminated due to manipulations by David Raatz, Deputy Director of the Office of Council Services (OCS).
Rather than conduct the investigation through the PSLU committee directly with OCS attorneys advising, OCS instead attempted to farm the investigation out to an outside law firm.
They did so without consulting any of the involved parties, including the NBCA which explicitly agreed to wait on filing a law suite on Brown if the Council staged the investigation. Even PSLU Committee co-chair Kelly King was kept in the dark about the Request for Proposals.
No proposals were submitted.
The Council's unanimous vote to conduct the investigation had a deadline of Dec 31st. but had no ramifications for blowing the deadline or resetting the clock.
We believe this 1st-ever Official County Investigation was intentionally delayed and missed, so that the investigation could simply die on January 3rd when the Council Committees get restructured.
As this game has played out, Ms. Paltin made several bogus statements to the press where she blamed CM Kelly King and the NBCA for her delay in scheduling the investigation, false claiming both had withheld information that would become a part of the investigation.
For it’s part, the NBCA provided a host of pertinent questions on our County Code and SMA Rules and an affidavit detailing bribes known to be given to certain Plan Examiners.
Ms. Paltin has never bothered to acknowledge our input, however CM King did forward our questions to OCS. CM King was told on Nov 23rd that the OCS would deliver their conclusions of law "the next day”.
The NBCA suspects that the OCS attorneys working on our questions agreed with our assessments.
It should surprise no-one that they run directly counter to public testimony that Corporation Counsel has already given in support of Directors McLean’s wrongful handling of Brown's permits.
These independent conclusions could lead to an immediate shut down of Brown’s construction and avoid litigation. However, they are now being withheld from CM King who says she has been instructed to consider the NBCA as a “Potential Litigant”.
As happens all too often, some County Attorneys are pretending that they can predict the future and in doing so our rights are once again violated.
This standoff seems to have had a significant internal impact as there are reports of a substantial staffing shakeup within OCS.
For her part, CM Kelly King has stated in public testimony that she is in possession of documentation from past County Employees who seek the protection of a subpoena in order to give their testimony.
It seems clear that as a part of the delay game, Committee Chair Paltin and OCS Deputy Director David Raatz shirked their responsibilities to establish a procedure to issue those subpoenas, and protect the individuals who are offering potentially damning testimony, effectively silencing them.
It is important to remember that not once have the County lawyers defeated a lawsuit brought by citizens that confronts directors and administrators for overstepping their authority, as Planning Director Michelle McLean has done with Greg Brown.
While we have done all we can to avoid litigation, we do realize that history shows that it is citizens who suffer the burden of enforcing our County laws and ordinances.
Corporation Counsel Moana Lutey and Planning Director Michelle McLean can pull all the strings they want but this community will not be deterred from asserting and protecting our rights from this and future abuse.
Past Committee hearings on Greg Brown have seen Director McLean make presentations filled with hogwash and meaningless, self-serving double-talk designed to protect not just Greg Brown but also herself.
Along with Mayor Victorino, Mclean is currently a named defendant in a wrongful termination suite brought by Chris Salem. As a County Employee responding to community outrage, Salem filed extensive reports that blew the whistle on Greg Brown and was terminated for doing so.
For nearly eight months, the Mayor and McLean refused to take any action on Brown, yet later Director McLean did testify that the community’s concerns, she meant Salem’s concerns, over Brown’s permit, were valid.
And yet Director McLean continues to overstep her authority to unreasonably protect Greg Brown, just as she has unreasonably prosecuted another developer she happens to have a personal beef with.
Because of McLean's proven unethical behavior, AjJudge just censored McLean and blocked her from having any further involvement in permit enforcement at the Paia Inn.
For almost 2 years our Napili Community has urged our elected representatives to use their authority and team of legal advisors to provide conclusive interpretations of the adopted County laws that have been violated by Planning Director Mclean.
Despite being named as a defendant in a related lawsuit, Corporation Counsel has allowed Director Mclean to administer questionable "after the fact" permits, and influence this Council when it is she who is responsible for denying the public's right to participation in the SMA permitting process.
Almost eight months after the public complained, Director Mclean admitted that the citizens were correct in our conclusions that the Brown development violated both zoning and the SMA laws.
Factually, since the developer's original SMA permit application was falsified, their building permits should have been deemed invalid and construction halted., all at their own cost.
The damaging consequences were never repaired.
Director Mclean continues to serve the developer's
financial interests through actions that conflict with the public's interest and the spirit of environmental laws.
So far, this official Council Investigation has resulted in nothing but continuing harm and frustration for the citizens of Maui County.
Further delay or termination will lead only to citizen-driven litigation for Directors overstepping their authority that historically County Attorneys have vigorously defended at great cost, but have always lost in court.
We believe this Council investigative is being obstructed by Corporation Counsel Director Moana Lutey, who also falsely testified that, under her direction, an investigation had been conducted into disclosures of bribery within the Planning Department. Indeed, department staff has confirmed that no such investigation was ever conducted.
To mitigate the County's exposure, we request the Council formally demand that the Office of Council Services stop withholding the legal determinations that OCS staff completed on Nov 23rd in response to questions presented by the NBCA to Committee Chair Tamara Paltin and Vice-Chair Kelly King.
Respectfully;
Ash Hooks
Water Treatment Operator 4
Pipefitter 1 Leak Detection Of DWS Maui
I support the investigation of Michele McLean and the Planning Department. The Greg Brown development at Napili Bay should never have been approved in the SMA and the community should have been involved in the process. The entire project was forced through with a falsified permit application that should have invalidated the permit by in the dark hours of the covid lockdown. Director McLean admitted that she didn't know how to read plans and that she wished she didn't approve the project. There is the stench of foul play and back room deals that has eroded the public trust in the planning department, the approval process and the legal council involved. The only way to restore public trust is full transparency, to bring the facts to light and to thoroughly investigate McLean, the planning department, the entire process and the legal council involved. The County of Maui is failing the people. Please do the right thing and complete the investigation. Restore faith that oversight works and Maui County isn't a free for all to take and screw the community for personal gain.
I request the Council formally demand that the Office of Council Services stop withholding the legal determinations that OCS staff completed on Nov 23rd in response to questions presented by the NBCA to Committee Chair Tamara Paltin and Vice-Chair Kelly King.
Mahalo,
Amy Stephens
Napili
For almost 2 years our Napili Community has urged our elected representatives to use their authority and team of legal advisors to provide conclusive interpretations of the adopted County laws that have been violated by Planning Director Mclean.
Despite being named as a defendant in a related lawsuit, Corporation Counsel has allowed Director Mclean to administer questionable "after the fact" permits, and influence this Council when it is she who is responsible for denying the public's right to participation in the SMA permitting process.
Almost eight months after the public complained, Director Mclean admitted that the citizens were correct in our conclusions that the Brown development violated both zoning and the SMA laws.
Factually, since the developer's original SMA permit application was falsified, their building permits should have been deemed invalid and construction halted., all at their own cost.
The damaging consequences were never repaired.
Director Mclean continues to serve the developer's financial interests through actions that conflict with the public's interest and the spirit of environmental laws.
So far, this official Council Investigation has resulted in nothing but continuing harm and frustration for the citizens of Maui County.
Further delay or termination will lead only to citizen-driven litigation for Directors overstepping their authority that historically County Attorneys have vigorously defended at great cost, but have always lost in court.
We believe this Council investigative is being obstructed by Corporation Counsel Director Moana Lutey, who also falsely testified that, under her direction, an investigation had been conducted into disclosures of bribery within the Planning Department. Indeed, department staff has confirmed that no such investigation was ever conducted.
To mitigate the County's exposure, we request the Council formally demand that the Office of Council Services stop withholding the legal determinations that OCS staff completed on Nov 23rd in response to questions presented by the NBCA to Committee Chair Tamara Paltin and Vice-Chair Kelly King.
The County Council’s unanimous and historic vote to launch its first-ever Official Investigation (on anything) could very well be terminated due to manipulations by David Raatz, Deputy Director of the Office of Council Services (OCS).
Rather than conduct the investigation through the PSLU committee directly with OCS attorneys advising, OCS instead attempted to farm the investigation out to an outside law firm.
They did so without consulting any of the involved parties, including the NBCA which explicitly agreed to wait on filing a law suite on Brown if the Council staged the investigation. Even PSLU Committee co-chair Kelly King was kept in the dark about the Request for Proposals.
No proposals were submitted.
The Council's unanimous vote to conduct the investigation had a deadline of Dec 31st. but had no ramifications for blowing the deadline or resetting the clock.
We believe this 1st-ever Official County Investigation was intentionally delayed and missed, so that the investigation could simply die on January 3rd when the Council Committees get restructured.
As this game has played out, Ms. Paltin made several bogus statements to the press where she blamed CM Kelly King and the NBCA for her delay in scheduling the investigation, false claiming both had withheld information that would become a part of the investigation.
For it’s part, the NBCA provided a host of pertinent questions on our County Code and SMA Rules and an affidavit detailing bribes known to be given to certain Plan Examiners.
Ms. Paltin has never bothered to acknowledge our input, however CM King did forward our questions to OCS. CM King was told on Nov 23rd that the OCS would deliver their conclusions of law "the next day”.
The NBCA suspects that the OCS attorneys working on our questions agreed with our assessments.
It should surprise no-one that they run directly counter to public testimony that Corporation Counsel has already given in support of Directors McLean’s wrongful handling of Brown's permits.
These independent conclusions could lead to an immediate shut down of Brown’s construction and avoid litigation. However, they are now being withheld from CM King who says she has been instructed to consider the NBCA as a “Potential Litigant”.
As happens all too often, some County Attorneys are pretending that they can predict the future and in doing so our rights are once again violated.
This standoff seems to have had a significant internal impact as there are reports of a substantial staffing shakeup within OCS.
For her part, CM Kelly King has stated in public testimony that she is in possession of documentation from past County Employees who seek the protection of a subpoena in order to give their testimony.
It seems clear that as a part of the delay game, Committee Chair Paltin and OCS Deputy Director David Raatz shirked their responsibilities to establish a procedure to issue those subpoenas, and protect the individuals who are offering potentially damning testimony, effectively silencing them.
It is important to remember that not once have the County lawyers defeated a lawsuit brought by citizens that confronts directors and administrators for overstepping their authority, as Planning Director Michelle McLean has done with Greg Brown.
While we have done all we can to avoid litigation, we do realize that history shows that it is citizens who suffer the burden of enforcing our County laws and ordinances.
Corporation Counsel Moana Lutey and Planning Director Michelle McLean can pull all the strings they want but this community will not be deterred from asserting and protecting our rights from this and future abuse.
Past Committee hearings on Greg Brown have seen Director McLean make presentations filled with hogwash and meaningless, self-serving double-talk designed to protect not just Greg Brown but also herself.
Along with Mayor Victorino, Mclean is currently a named defendant in a wrongful termination suite brought by Chris Salem. As a County Employee responding to community outrage, Salem filed extensive reports that blew the whistle on Greg Brown and was terminated for doing so.
For nearly eight months, the Mayor and McLean refused to take any action on Brown, yet later Director McLean did testify that the community’s concerns, she meant Salem’s concerns, over Brown’s permit, were valid.
And yet Director McLean continues to overstep her authority to unreasonably protect Greg Brown, just as she has unreasonably prosecuted another developer she happens to have a personal beef with.
Because of McLean's proven unethical behavior, AjJudge just censored McLean and blocked her from having any further involvement in permit enforcement at the Paia Inn.
Good Morning Council Members;
For almost 2 years our Napili Community has urged our elected representatives to use their authority and team of legal advisors to provide conclusive interpretations of the adopted County laws that have been violated by Planning Director Mclean.
Despite being named as a defendant in a related lawsuit, Corporation Counsel has allowed Director Mclean to administer questionable "after the fact" permits, and influence this Council when it is she who is responsible for denying the public's right to participation in the SMA permitting process.
Almost eight months after the public complained, Director Mclean admitted that the citizens were correct in our conclusions that the Brown development violated both zoning and the SMA laws.
Factually, since the developer's original SMA permit application was falsified, their building permits should have been deemed invalid and construction halted., all at their own cost.
The damaging consequences were never repaired.
Director Mclean continues to serve the developer's
financial interests through actions that conflict with the public's interest and the spirit of environmental laws.
So far, this official Council Investigation has resulted in nothing but continuing harm and frustration for the citizens of Maui County.
Further delay or termination will lead only to citizen-driven litigation for Directors overstepping their authority that historically County Attorneys have vigorously defended at great cost, but have always lost in court.
We believe this Council investigative is being obstructed by Corporation Counsel Director Moana Lutey, who also falsely testified that, under her direction, an investigation had been conducted into disclosures of bribery within the Planning Department. Indeed, department staff has confirmed that no such investigation was ever conducted.
To mitigate the County's exposure, we request the Council formally demand that the Office of Council Services stop withholding the legal determinations that OCS staff completed on Nov 23rd in response to questions presented by the NBCA to Committee Chair Tamara Paltin and Vice-Chair Kelly King.
Respectfully;
Ash Hooks
Water Treatment Operator 4
Pipefitter 1 Leak Detection Of DWS Maui
I support the investigation of Michele McLean and the Planning Department. The Greg Brown development at Napili Bay should never have been approved in the SMA and the community should have been involved in the process. The entire project was forced through with a falsified permit application that should have invalidated the permit by in the dark hours of the covid lockdown. Director McLean admitted that she didn't know how to read plans and that she wished she didn't approve the project. There is the stench of foul play and back room deals that has eroded the public trust in the planning department, the approval process and the legal council involved. The only way to restore public trust is full transparency, to bring the facts to light and to thoroughly investigate McLean, the planning department, the entire process and the legal council involved. The County of Maui is failing the people. Please do the right thing and complete the investigation. Restore faith that oversight works and Maui County isn't a free for all to take and screw the community for personal gain.
I request the Council formally demand that the Office of Council Services stop withholding the legal determinations that OCS staff completed on Nov 23rd in response to questions presented by the NBCA to Committee Chair Tamara Paltin and Vice-Chair Kelly King.
Mahalo,
Amy Stephens
Napili
Tear it down. It’s illegal and against the communities best interests.
Good Morning Council Members;
For almost 2 years our Napili Community has urged our elected representatives to use their authority and team of legal advisors to provide conclusive interpretations of the adopted County laws that have been violated by Planning Director Mclean.
Despite being named as a defendant in a related lawsuit, Corporation Counsel has allowed Director Mclean to administer questionable "after the fact" permits, and influence this Council when it is she who is responsible for denying the public's right to participation in the SMA permitting process.
Almost eight months after the public complained, Director Mclean admitted that the citizens were correct in our conclusions that the Brown development violated both zoning and the SMA laws.
Factually, since the developer's original SMA permit application was falsified, their building permits should have been deemed invalid and construction halted., all at their own cost.
The damaging consequences were never repaired.
Director Mclean continues to serve the developer's financial interests through actions that conflict with the public's interest and the spirit of environmental laws.
So far, this official Council Investigation has resulted in nothing but continuing harm and frustration for the citizens of Maui County.
Further delay or termination will lead only to citizen-driven litigation for Directors overstepping their authority that historically County Attorneys have vigorously defended at great cost, but have always lost in court.
We believe this Council investigative is being obstructed by Corporation Counsel Director Moana Lutey, who also falsely testified that, under her direction, an investigation had been conducted into disclosures of bribery within the Planning Department. Indeed, department staff has confirmed that no such investigation was ever conducted.
To mitigate the County's exposure, we request the Council formally demand that the Office of Council Services stop withholding the legal determinations that OCS staff completed on Nov 23rd in response to questions presented by the NBCA to Committee Chair Tamara Paltin and Vice-Chair Kelly King.