47-490-A Ahuimanu Road
Kaneohe, Hawaii 96744
Dear Mr. Garland,
At the recommendation of David Mulinix, your Community Project Manager, I am advising you that you are formally suspended from using 'Olelo facilities and equipment period of one year, effective from June 1, 1999.
First of all, if Dave made that recommendation I would like to request a new CPM, second, I doubt it was actually Dave Mulinix's recommendation alone (if at all) as he would not have been the one Grant Thornton would have contacted about my communication with them. I am smart enough to know that CPM's don't have the power to suspend clients, so it had to be you, Miki, Lurline or your attorney Everett Konishige who for the past few years has been the attorney representing competing interests of GST (PUC docket #7702) in which Olelo is also a party!
You were previously sent a warning letter, dated April 29,1999, stating that your actions would no longer be tolerated if you continued to disregard 'Olelo policies. Specifically, you were asked to direct all questions about 'Olelo business to David Mulinix, Angela Angel or Miki Lee. Our auditor has informed us that you began in May to contact their firm to request financial information about 'Olelo. Although they informed you at the outset that they are not at liberty to release any information about a client, we are informed that you are continuing to contact them. Additionally, we asked, you to cease and desist from making inappropriate and personal comments about 'Olelo staff. Again, we have been informed that you made personal statements about an 'Olelo staff member that was intended in a derogatory manner and that clearly fails to meet standards of professional conduct and decency. We take harassment and personal attacks on our staff very seriously.
Point of clarification, the previous letter you referred to was not dated April 29, it was April 27. Where does it state in 'Olelo Policies that a private citizen may not contact an auditor with their concerns? "Specifically" Dave's letter stated "I am writing to advise you to immediately direct all your correspondence or calls to me, Miki Lee or Angela Angel." That sentence sounds like if I want to call my mother I have to call one of you three first! All references Dave made after that opening sentence dealt with "staff" contact, not your auditor or any other outside vendor. I did contact your auditor, not to get but to give information and if I'm not mistaken, that action is protected under the First Amendment of the United States Constitution. The information I gave to them was intended to assist them in doing a proper audit for 'Olelo and to make them aware of the promises Lurline made in the "Manager's Letter" which 'Olelo attached to their 1997 audit. In regards to your asking me "to cease and desist from making inappropriate and personal comments about 'Olelo staff", when I requested a clarification from Mr. Mulinix both in person and via e-mail on the alleged "harassment, threats, verbal abuses and insults" he would not with witnesses present, so I am still unaware of the basis of these unsubstantiated allegations.
'Olelo Operating Procedures state that 'Olelo reserves the right to refuse access to our services, facilities and equipment to anyone who behaves in a fashion that is detrimental to staff, including harassment or verbal abuse, or interferes with the orderly conduct of business" These policies apply to all community producers who use our facilities. You were apprised that the consequence of continuing to disregard our policies would be a one suspension from using 'Olelo facilities. Since you intentionally chose to ignore these we have no choice but to suspend your access to `Olelo's facilities and equipment.
These are all unsubstantiated allegations which I requested an explanation of and have not yet gotten an answer.
The specific terms of your suspension are as follows:
1) You may not be on the premises of any 'Olelo facility, including our Mapunapuna, Leeward Community College (LCC), Wai'anae or Kahuku locations for any reason other than for prearranged drop off or pick up of tapes or for meetings. Arrangements for tape must be made in advance by contacting your Community Project Manager, David Mulinix. If you enter the premises of any 'Olelo facility for any other purpose, your suspension will be extended an additional 30 days for each occurrence.
Do meetings include Olelo Board and ASAC meetings? Please clarify. Would you also please clarify the authority that Olelo has to ban the public from accessing resources at any UH Community College campus? If Olelo has such authority over State of Hawai'i resources, perhaps you have overlooked the possibility of extending your ban to include access to schools and offices within the Department of Education, offices of the State Legislature and other State agencies as well? Since many of their resources are funded by cable access monies that Olelo has diverted, shouldn't you be including them too? How about "Oahu Speaks" and 'Olelo's "Capitol Commentary", have all of my rights of free speech been suspended?
2) You may not operate any 'Olelo or LCC equipment for a period of one year. If you operate 'Olelo or LCC Equipment during your suspension the length of your suspension will be extended an additional 30 days for each occurrence.
Are you saying that I
can't use Leeward Community College's non-Olelo equipment?
3) You must clean out your
locker by June 30, 1999. However, you must pre-arrange with your Community
Project Manager to come to 'Olelo to clean out your locker. If you do not
clean it out by the end of June, 'Olelo staff will remove the contents
and store them for you. You may reapply for a locker when your suspension
is over.
4) You may call, e-mail or write only to your Community Project Manager, David Mulinix to arrange for tape transfer or to arrange for any necessary meetings. Further, you may contact senior management staff (Lurline McGregor, Miki Lee or myself) for other legitimate business in writing only. You may not contact any other staff besides those listed in this paragraph. Staff has been notified of this and will respond accordingly if contacted. Again, your suspension will be extended an additional 30 days for each violation of this requirement.
Your suspension is currently scheduled to end May 31, 2000, but maybe extended as detailed above, if you wish to resume access to 'Olelo after that time, you will first need to meet with your designated Community Project Manager prior to your reinstatement to assure that all terms have been met.
Dave informed me I was suspended on May 28, 1999, "standing in front of the building" with two witnesses present, why the four extra days?
There is a grievance process, and should you wish to pursue it, you need to state your position relative to this decision in writing and direct it to the Executive Director.
If you won't tell me what it was I am alleged to have done then how can an honest grievance process work?
As a nonprofit organization, our mission is to work for the betterment of our community.
There you go rewriting
the true mission again, that's not what your bylaws state. Ironic that
once again we, the public, have to tell you, the people who are being paid
by our cable fees to carry them out what it says in your bylaws.
"The specific and primary
purpose of the corporation is to promote the creation, production and cablecasting
of programs by, for and about Hawai'i"
We do so by responsibly managing the limited resources that we have to ensure that no one person or entity adversely impacts our ability to be effective. It is unfortunate that after having sought a constructive and professional relationship with you, we find ourselves in the position of having to take these measures.
This is a wonderful paragraph as it reveals almost all of the ongoing issues we have had over the years. We "few disgruntled producers" have been pointing out for many years that "our communities" doesn't seem to be equitably defined. You say: "our mission is to work for the betterment of our community....by responsibly managing the limited resources that we have to ensure that no one person or entity adversely impacts our ability to be effective". Now that really points out our major points of contention. First of all my main concern is that you aren't "responsibly managing" resources, which is reflected by your statement that $ 5.75 million dollars is "limited resources"! No other access center I know of gets over $ 2 million and they are not only facilitating P, E and G in video, but in Radio and Computer technologies as well. Some of the Access Centers that get only $1 million dollars have willingly mailed me copies of their concise annual budgets and audits which honestly reflect each sector of "P E and G" they serve. That leads into my second concern which is, if you won't give "access" to your documents in the spirit of "Sunshine Laws" or the Freedom of Information Act", then it's always going to appear you have something to hide. And last but not least, the above highlighted statement sounds like you feel it's your mission to manage resources so no one adversely impacts your ability to be effective, which sounds like you think "defensive posturing" is your most important job. There lies the problem. You are so busy trying to hide the truth or a perpetual lie, that you have lost sight of the true mission, "Access". We as well as numerous Congressmen, Senators, Representatives and state agencies have oft told you that if you were to act in the spirit of the "Sunshine Laws" or the Freedom of Information Act" then you could actually spend your time fulfilling the mission of "Access". Unfortunately, to date, you have chosen to spend your time making information more and more inaccessible as witnessed in your bylaw amendments (specifically ARTICLE XIII: FISCAL PROVISIONS, Sec. 13.8b Inspection by The Public [which by the way is in violation of United States Code exempt organizations requirements]). As long as you take the "none of your business" approach to stakeholders and subscribers your accountability will always be challenged, if not by me, by someone else sooner or later.
You say you "sought a constructive and professional relationship with you", well we sought it too in over 6 months of mediation and ironically it was you ('Olelo) that reneged on its promises to the very few points you would agree to address. Until 'Olelo acts in good faith in the true spirit of openness I have no choice but to continue to bring the truth out in the "Sunshine".
Most people who have been following my e-mails this past legislative session know full well what the real reason for this suspension is and that is that you just plain don't want to deal with my tenacious attempts at getting at the whole truth about what you are doing to Public Access in Hawaii. Well, once again your supercilious posturing fools no one and besides, suspending me won't stop me from getting information as I don't get it at 'Olelo anyway! Only the Truth shall set you free!
Sincerely,
Jeff Garland
Owner, Hawaii Public Access Media
Vice President, Community Television Producers'
Association
Sincerely,
Angela Angel
Director of Production Services
