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March 24, 2015
After fielding a number of phone calls and emails, as well as meeting with fishermen, hunters, environmentalists, employees of the Hawaii State Department of Land and Natural Resources (DLNR), and other concerned citizens, I am finding the image of the DLNR is becoming less than first class. Following are two situations that show this to be true.
First, through
interviews and other research I learned Mr. William "Bill" Aila ,
former Chairman of the DLNR, authorized an employee, Mr. Frazer
McGilvray, to fly first class on all business trips. This
authorization was granted prior to Mc Gilvray's official start date of
employment with the DLNR. DLNR's Senior Communications Officer, Mr.
Dan Dennison, told me Frazer McGilvray was officially employed by the
DLNR from August 26, 2013, to November 4, 2014. McGilvray's official
title was Aquatic Resources Program Administrator. His starting salary
in 2013 was $112,596. Effective 7/1/2014, it was increased to
$117.096.
It was reported
that Aila's decision to allow first class travel was based, in part, on
McGilvray's submittal of information claiming that flying coach or
economy class would have a negative impact on his health, but first
class or business class would improve his health.
Some of those I
spoke with while researching this subject informed me they were
concerned that both the agency's and the tax payers' best interests
were being ignored, particularly after they learned DLNR paid for Mr.
McGilvray's physical exam for scuba diving. Understandably, their
concerns were not misplaced because these same people also knew that,
based on his medical condition, McGilvray had been granted a waiver by
Chairperson Aila that allowed him to fly first or business class
whenever traveling on official duty. They pointed out that scuba
diving is very strenuous and is more physically demanding than sitting
on an airplane in the coach or economy section. They also expressed
concern that Aila gave special treatment to McGilvray in the hiring
process and cite the dive physical and the flying waiver as examples of
the special treatment Aila extended to McGilvray. Others complained
that DLNR purchased a telephone for McGilvray in May, 2013, a couple of
months before McGilvray was officially hired.
Phote credit: picture posted by McGilvray on his FaceBook page
Reportedly
McGilvray, during his short tenure as Aquatic Resources Program
Administrator, made approximately twenty-seven trips to the outer
islands using business or first class tickets. Many of these trips
involved additional expenses of car rentals, per diem, and fees for
changes to flights and extra lodging. Within the same time period
McGilvray also took two trips to Portland Oregon, as well as trips to
Washington, D.C., Saint Louis, Missouri, Denver, Colorado, The United
States Virgin Islands, and San Antonio, Texas, to attend various
wildlife conferences and meetings. The State of Hawaii paid business
or first class fares for these trips, as well.
Other information
provided by sources claim McGilvray scheduled a trip to Sydney,
Australia, to attend the IUCN 2014 World Parks Congress Conference.
However, he did not attend the conference because he resigned from his
job as the Aquatic Resources Program Administrator a few days prior to
the scheduled flight to Sydney, Australia. The State of Hawaii also
paid business or first class fares for that trip. My anonymous sources
were not able to provide any information regarding what happened to the
unused charges, or if the airline ever reimbursed the State of Hawaii
for the tickets due to Mr. McGilvray's cancellation. It is also unknown
if the registration fee of more than one-thousand dollars for the IUCN
2014 World Parks Congress Conference was refunded to the State of Hawaii
. It should be noted, like the IUCN 2014 World Parks Congress
Conference, some if not all of the other conferences attended by Mr.
McGilvray required a registration fee that was paid by the State of
Hawaii.
I can only wonder
who or what benefitted from this very short but expensive
relationship between the DLNR and McGilvray. Based on a posting on
McGilvray's FaceBook page, and information from other sources ,
McGilvray claimed that prior to being hired by DLNR he was employed by
Conservation International, an international non-profit organization.
One of their programs specializes in coral and sustainable fisheries.
This begs the question, if McGilvray's claim of being a coral expert
are true, why would the DLNR have to foot the bill for McGilvray's
scuba physical and other associated costs for scuba. As a coral
expert, how did he conduct his dives prior to becoming an employee of
DLNR? An even bigger question is, did Aila even question how
McGilvray's sitting in the coach section of an airplane would negatively
impact McGilvray's health, and ignore the physical demands and
potential threats scuba diving would present to McGilvray's health when
he approved McGilvray's request to fly first or business class because
of McGilvray's medical condition?
My sources also
informed me that on several occasions McGilvray traveled to the outer
islands to attend activities sponsored by the Hawaii Fish Trust, and
attend meetings with Conservation International (Mc Gilvray's former
employer), and with Eric Co, the Senior Program Officer of Marine
Conservation for the Harold K.L Castle Foundation.
During my
investigation into this matter I was informed that there are internal
activities that allow certain members of the non-profit groups to have
an "unfettered influence" on policy and regulations relating to bag
limits, area closure, enforcement , fee increases and other matters
within the DLNR. While I can't personally give you specific evidence to
this claim, I can state that, after McGilvray left the DLNR he was
employed by the non-profit organization, Malama Moanalua, where one of
the board members is Mr. Mitchell H. D'Olier. D'Olier is also a board
member for the Harold K. L. Foundation, which made financial
contributions and is working with the DLNR on programs like the North
Maui Community Fisheries Enforcement Unit.
I did find
specific information indicating Conservation International works with
the Harold K. L Castle Foundation. The information shows that the
North Maui Community Fisheries Enforcement Unit (NMCFEU) of DLNR has a
partnership with Conservation International's Hawaii Fish Trust and the
Harold K.L. Castle Foundation. In addition, the two nonprofit
organizations provided resources and equipment, including a dedicated
vessel, to NMCFEU to "improve the waters off North Maui".
Giving Away the Candy Shop
As I look for
solutions to rid government of these questionable and taxing practices
in the DLNR, I am presented with other situations that continue to
boggle the mind. I recently learned that in September of 2013, DLNR
DOCARE and the Division of Boating and Recreation investigated
complaints alleging Maui resident Wilson Keahi was charging fees for
storage of private boats outside the area of his official month-to-month
lease in the Mala area, under Revocable Permit #5867. The complaint
also alleges a building on the leased property was being used
unlawfully as a dwelling, and utilities were being used illegally.
I spoke with some
of the boat owners who were interviewed by DLNR DOCARE and the Division
of Boating and Recreation (DOBOR) during their investigation. The
boat owners told me they gave statements confirming they paid money to
Mr. Wilson Keahi for boat storage, and provided documentation to
support their claims in 20013. Some of the boat owners told me they
paid between four and six hundred dollars a month to Keahi.
I contacted Mr.
Bill Williams and Mr. Ed Underwood of DOBOR and was informed they had
received a complaint against Keahi alleging violations of theft of
utilities, use of an unauthorized dwelling, and unauthorized storage of
boats belonging to others.
I filed a
Uniform Information Practices Act Request for a copy of the report that
was completed in 2013. The request was denied by Acting Chief of
Enforcement Jason Redulla , who claimed the matter was still under
investigation. This raises concerns that DOCARE is covering up the foot
dragging and failure on DOBAR'S part to address these allegations
against Keahi, even after some of the boat owners came forward during
the investigation in September 2013, and confirmed that they were paying
Keahi to be allowed to store their boats on state property outside
Keahi's authorized leased area.
I sent the following questions to Mr. Williams and Mr. Underwood, and received answers as indicated below :
TO: Mr. Ed Underwood, DOBOR
and Mr. William "Bill" Andrews
This letter
concerns allegations that unlawful activities are being committed by a
lessee Mr. Wilson Keahi on leased state property TMK: (2) 4-5-005:019,
located at the Mala Boat Yard on the island of Maui, Hawaii. More
specifically the allegations claim that Mr. Keahi is subleasing or
renting portions of his property he leases from the State of Hawaii
Division of Boating and Recreation (DOBOR) to a number of boaters.
I would like to ask your assistance in obtaining answers to the following questions:
Q: Does Mr.
Keahi currently lease the above property from the state of Hawaii DOBOR?
If yes, please provide the initial date(s) of the lease, the amount and
the number of the lease.
A: Mr.
Keahi has a Revocable Permit (S-5867) that was issued by the Division
of Land Management in 1981. In April 2010, the area was Executive
Ordered over to the Division of Boating and Ocean Recreation and some
time after that DOBOR assumed the RP.
Q: What is the
length of the lease or rental agreement for between the state DOBOR and
Mr. Keahi for land identified as TMK: (2)4-5-005:019?
A: RP's are month to month for one year.
Q: Can Mr. Keahi
sublease any portion of land he is leasing from the state? If yes
please advise the authorization and conditions Mr. Keahi is allowed to
sublease the property?
A: No
Q: Has the state
authorized Mr. Keahi to use, rent or sublease adjoining properties to
other boaters or businesses? If yes, please provide a copy of the
authorization and conditions.
A: DOBOR has not. Don't know about other agencies.
Q: Is Mr. Keahi required to obtain insurance for his lease?
A: Yes
Q: Are Mr.
Keahi's sub lessees required to obtain insurance to operate or store
boats on any of the property Mr. Keahi leases or rent from the state
DOBOR?
A: Subleases are prohibited
Q: Has the state DOBOR received any complaints regarding the allegations contained in this letter?
A: Yes
Q: Did DOBOR or any other state agency conduct an investigation of the allegations of wrong doing by Mr. Keahi.
A: Yes
Q: If an investigation was conducted please identify the agency or branch that conducted the investigation.
A: DOCARE
Q: If an investigation was conducted. What is the final disposition of these complaints?
A: On-going and can't discuss.
Q: Did the DOBOR
or other state agencies investigate allegations against Mr. Keahi for
illegal and unauthorized use of electrical power and water at the
property leased he leases or rent from DOBOR? Yes If yes, what was the final disposition and the name of the agency that conducted the investigation into the allegations?
A: DOCARE. On-going and can't discuss.
If an
investigation has been conducted and completed please provide a copy of
the report of investigation and the penalties assessed or punishment
assigned for the violations if any were confirmed. See above
Thank you,
Carroll Cox
In another letter Mr.Underwood stated the following:
"Aloha Mr. Cox,
Just to let you know, Bill Andrews in now working in our harbors and I
will be able to help you until we get our other Property Managers up to
speed. Mr. Keahi can charge rent for boats stored on the property he is
leasing but cant sublease his property".
Why has the DLNR
failed to bring closure to the Keahi matter and allow the boaters to
lease the property from the state instead of paying Keahi, as the
boaters allege? It is disturbing to learn that after doing nothing for
nearly two years to rectify this matter and provide the boaters relief
from their relationship with Wilson Keahi, Mr. Underwood ordered his
staff to post a "FINAL NOTICE TO VACATE AND NOTICE OF INTENT TO IMPOUND"
on the boats. Why wasn't this action taken back in 2013 when the
boaters first informed the state investigators of their rent payments to
Keahi? Is Underwood punishing the boaters and not punishing Keahi, who
is profiting from an illegal use of state lands?
Like many of the
boat owners and users of the harbor, this writer believes that Mr. Ed
Underwood and Redulla has overstayed their welcome and should be shown
the door immediately. Mr. Underwood and Acting Chief of Enforcement
Jason Redulla's actions serve only to confirm the corrupt and unethical
practices we have learned to expect from DLNR. Hiding reports of
investigations or fact finding reports that have been completed for
nearly two years, and harassing boat owners to cover-up their inability
to properly administer and enforce the rules of this state clearly
demonstrate the agency has no class. Underwood's posting of a "FINAL
NOTICE TO VACATE AND NOTICE OF INTENT TO IMPOUND" confirms that the
boaters have been unlawfully using the area to store their boats while
making payments to Keahi. The boaters' receipts and statements that
were provided to DOCARE during its investigation should be more than
enough to prosecute Keahi. I am curious to know what legal actions will
be taken against Mr. Wilson Keahi .
I will continue
to investigate these and other matters and hope to share my findings in
future issues of the Hawaii Fishing News. I believe a system that does
not tolerates frivolous spending by the DOBAR chief and unauthorized
use of state land at Mala without compensation to the state, could, in
fact, operate efficiently without taxing boaters and other users
unfairly.
Link here to our story on HawaiiNewsNow, 3/26/15.
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