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HomeMy WebLinkAboutCOM 0092.042 2004-2006 Page 1 of 3 Murashige, Laura From: Claudia Rohr [claud@hilo.net] Sent: Friday, April 08, 2005 2:08 PM To: Kiriu, Connie; Safarik, Gary; Higa, Stacy; counciltestimony@co.hawaii.hi.us Cc: cohmayor@interpac.net; spincam@yahoo.com; lashida@countyhawaii.hi.us.com Subject: communication for Bills 355 and 356 V Importance: High r; Chairman Stacy Higa _ Councilman Gary Safarik Hawaii County Council Members Connie Kiriu County Clerk County Building 2S Aupuni SLHiIo, HI 96720 RE: Bills 355 and 356 Dear Councilman Gary Safarik, Ms. Connie Kiriu, Chairman Stacy Higa, and Council Members: This email is to register a complaint about the lack of communication and coordination conceming my request for assistance in regards to my hearing disability (request included below) and my desire to participate in hearings for Bills 355 and 356. Please review my request before proceeding to review speci5cs of my complaint. I have sent similar requests in for prior hearings. If my request is hard to understand or is unreasonable please explain how. 1) Request for co~es_of documents: I am also depend upon pertinent written documents such as the communications and memos for "clues" as to what is being discussed during [he meetings. For some reason there is a lack of coordination and understanding among the staff in the Clerk's Office conceming what arrangements are being made for copies of requested information. I went to pick up the items requested in my March 31 email on April 4 (Monday) in the afternoon. "Written testimony not included in [he transcript" were not included in the packet waiting for me. I asked for copies of any new Communications and was told there were none. Yesterday morning day of [he April 6 hearing, I asked if [here were copies of the new Communications forme and was told there were none. After the public portion of the testimony was closed but just minutes prior to the second reading I went to check again and was told the new Communications were in the book on the desk. I asked for a copy of Lorraine Mendoza's testimony which was on [he top and had not been there earlier and was told I could not have a copy until after the hearing. I notified Connie on the floor that the staff would no[ make me a copy unless she directed them to do so. I never received a copy of Lorraine's testimony. I had [o call Point of Order to get a copy of Mr. Lim's amendment proposal. Mr. Lim and Mc Yuen are very well aware of my hearing disability and requests for written materials to help me follow along and have a certain responsibility here also. I have talked to Mr. Lim about his tendency to talk softly and not use the microphone and my problem with hearing. My requests for written materials have been numbered as a communication and Mr. Yuen gets a copy of all of [hose at every hearing. When I demanded a copy of the amendment proposal, and asked the Planning Director and Mr. Lim why they didn't submit copies of the amendment sooner, Mr. Yuen responded with "I'm suspicious of your motives." When I tried to talk to Connie about the failure to receive copies of testimony during the hearings she talked about receiving written materials at the hearings as having an "advantage" over others. Will ADA he respected only in [be case where I support legislation and decisions of the Planning Director? 2) Inadequacy of the listenine.dev_ice and directive the speakers: ~otI1M. NO. ~ Zi Ref. Toa Ref. Upte 4/8/05 Page 2 of 3 The County has ordered a new listening device and the current one is "temporary." Listening devices won't help in any even[ if people don't use their microphones. The Chair should make an effort to direct people [o use their microphones and should develop some sort of hand signal to be used to allow members of the public to signal when there is a problem with the sound. Although I have a hearing disability I have been told it is common for the general public to miss dialogue that is not properly amplified. The Chair must get involved and be proactive in meeting standards set by the ADA and the Sunshine Law. The Americans with Disabilities Act of 1990 ("ADA") protects my rights to reasonable accommodation. The County Clerk and the County Council have specific responsibilities under Title II, including: * to operate each program, service, or activity so that, when viewed in its entirety, it is readily accessible [o and usable by individuals with disabilities, 28 C.F.R. § 35.150, by delivery of services, programs, or activities in alternate ways. * to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others, including furnishing auxiliary aids and services when necessary, 28 C.F.R. § 35.160. The Sunshine Law protects my right to participate and follow along and observe government. Specifically: §92-1 Declaration of policy and intent. In a democracy, the people are vested with the ultimate decision-making power. Governmental agencies exist to aid the people in the formation and conduct of public policy. Opening up the governmental processes to public scrutiny and participation is [he only viable and reasonable method of protecting [he public's interest. Therefore, the legislature declares that it is the policy of this State that the formation and conduct of public policy -the discussions, deliberations, decisions, and action of governmental agencies -shall be conducted as openly as possible. To implement [his policy the legislature declares that: (1) I[ is [he intent of this part to protect the people's right to know; (2) The provisions requiring open meetings shall be liberally constmed; and (3) The provisions providing for exceptions to the open meeting requirements shall be strictly construed against closed meetings [L 1975, c 166, pt of § I]. I sincerely hope that we can work out our current difficulties. Sincerely, Claudia Rohr 934-8040 -----Original Message From: Claudia Rohr To: CKIRIU@co.hawaii.hi.us ; gsafarik@co.hawaii.hi.us Sent: Thursday, March 31, 2005 12:56 PM Subject: transcripts for Bills 355 and 356 c/oChair Gary Safarik Hawaii County Council 4/8/05 Page 3 of 3 Connie Kiriu County Clerk County Building 25 Aupuni ScHilo, HI 96720 Dear Mr. Safarik and Ms. Kiriu, The listening device in the Council Room is inadequate and I cannot follow discussions, deliberations, decisions, and action of the Council. I am dependent upon "catching up" with what I did not hear at the previous council meeting by reading transcripts. I am also depend upon pertinent written documents such as the communications and memos for "clues" as [o what is being discussed during [he meetings. I am formally requesting a copy of the transcripts of the February 16 (second request) and March 1, 2005 hearings for Bills 355 and 356. Please attach all written testimony not included in the transcript. I am also requesting copies of all Communications and Memos received since those compiled and provided to me for the March I hearing. I am requesting that staff make an extra copy of those items received late when they make copies for the staff and councilmembers for me to use to follow what is being discussed [will be responsible for any standard copy charges incurred. Please contact meat home when I can pick up these items. Sincerely, Claudia Rohr 369 Nene St. Hilo, HI 96720 934-8040 cel 1938-5446 4/8/05