I am a Kauai resident and a voter. I, like so many Kauai residents, was sorely disappointed in you for vetoing Bill 2491. As a retired attorney who spent his entire career as a staff attorney, Regional Attorney and Regional Director enforcing the law for an agency of the Federal Government, I was particularly appalled by the process by which this veto was accomplished.
During my career, I have prepared for my superiors and had prepared by my subordinates many legal position papers. The function of such papers is to provide a balanced assessment, pointing out the pros and cons on the legal matter in question, and leaving it to the decision-maker to make the final judgment. The 66-page “confidential” legal position paper you released to the public clearly was intended to advance every conceivable legal argument against Bill 2491, without providing the counter arguments.
Either you requested that it be prepared in that manner or your legal staff did you a grave disservice. In either case, the people of Kauai have been denied a fair assessment of the legal merits of the Bill.
This email was sent to the Mayor on November 2 and is printed in its entirety and published here with permission: