Pubdate: Fri, 28 Jul 2000
Source: Hawaii Tribune-Herald (HI)
Website: http://www.hilohawaiitribune.com/
Address: 355 Kinoole St., Hilo, Hawaii 96720
Contact:  2000 Hawaii Tribune Herald
Author: Hunter Bishop - Tribune-Herald

POT MONEY OK'D -- WITH A HITCH

The Hawaii County Council voted Wednesday to accept federal funds to
eradicate marijuana on the Big Island, but only if they can get an insurance
policy protecting the lawmakers from impeachment.

After hearing nearly eight hours of discussion about the resolution, the
council voted 5-3 to accept a $265,000 grant from the U.S. Drug Enforcement
Administration, used largely to employ helicopters to locate and remove
illegal marijuana plants.

Council Chairman James Arakaki offered an amendment to the resolution,
however, that would allow some of the eradication money to be used to pay
for an insurance policy that would cover council members' legal costs if
they are impeached for approving the plan.

Opponents of the marijuana eradication program, which was started 16 years
ago, have in the past filed impeachment petitions against Mayor Stephen
Yamashiro and council members over the program, alleging that the county has
failed to provide an adequate annual review of it as specified in the County
Charter.

In 1999, a Circuit Court judge dismissed impeachment petitions against the
mayor and six council members on technical grounds, but invited the
petitioners to refile the impeachment petitions.

Council members enjoy legal protection against lawsuits, but the County
Charter says they must provide their own defense to impeachment petitions.

Arakaki was among those named in the impeachment petition last year, and he
hired an attorney to defend himself in court.

"I can't support (the eradication resolution) without assurances that
elected officials are protected against impeachment," Arakaki said.

Ironically, however, the amended resolution could result in ending the
eradication program, said Councilman Aaron Chung, who voted for it, and
Councilwoman Julie Jacobson, one of three council members who voted against
accepting the eradication funds.

Police officers testified Wednesday that there is no written assurance from
the DEA that the eradication funds can be used to pay for an insurance
policy, although DEA agents have told them it can be done.

Police officials also have no assurances from insurance brokers that such a
policy is available. Police Maj. Morton Carter told the council that a
broker he spoke with Wednesday afternoon believes such a policy is
available. But the cost of a policy, deductible amounts and other details
were unavailable.

"By adopting this (resolution), we could spell the death knell for this
marijuana eradication program," Chung said. "There's a high probability we
can't come up with a policy.

"I have no choice but to cross my fingers, vote, and hope for the best,"
Chung said.

Jacobson, Curtis Tyler and Nancy Pisicchio voted against receiving the
grant. Arakaki, Chung, Leningrad Elarionoff, Dominic Yagong and Bobby Jean
Leithead-Todd voted to accept it. Council member Al Smith was absent.

Jacobson also alleged, as she has in prior meetings, that the county "got
the grant on a fraudulent signature," police Chief Wayne Carvalho's.

Carvalho signed the grant application earlier this year saying he had never
been convicted of fraud or other crimes. But in December Carvalho was found
liable for fraud, bribery and racketeering by a jury in a civil trial held
after 19 police officers charged that Carvalho helped rig promotions in the
Police Department. The verdict is being appealed.

The county's Office of the Corporation Counsel said it has received an
opinion that it was OK for the chief to sign the grant application. On
Wednesday Jacobson said that, "We don't know that (DEA officials) have given
us permission."

"We've got a snowballing legal problem in this county," Jacobson said. "This
will come back to haunt us."
- ---
MAP posted-by: Don Beck