Monday, November 24, 2008

NEW BLOG & CONTACT INFORMATION

Please note - we would like to direct you to the new blog and email address:

Email: mauiimpeachment@gmail.com
Blog: www.mauiimpeachment.blogspot.com

Thank you.

Wednesday, November 5, 2008

Letters to the Editors

The Maui News on-line edition has been conducting a poll regarding The Recall effort.
At the moment, approximately 59% of those polled are against Tavares.

The Poll only accepts one vote from every computer. Once a vote has been received from a computer your screen changes and all you can see is the vote totals. Some people have contacted us thinking that their screen changed because the polling was over, this is not correct. So please vote and encourage others to vote. It has been claimed that 'any fool' knows you can vote over and over again, thus distorting the outcome - that is not the case.

It is not clear whether the Maui News will publish the results so letters to the editor mentioning the vote total will be helpful.

Please write a Letter to the Editor to support the Recall of Mayor Tavares. Your letter could highlight your opinion and/or personal experience of this administrations policies.

The letters so far in favor of Tavares follow talking points such as ;

1.Mayor Tavares has been good for the environment look at her support of the conference regarding the reefs.

Another perspective is; we do not need a conference, we know the reefs are being destroyed by run off of fertilizer herbicides and pesticides and most importantly by nitrogen and phosphates leaking into the ocean from Maui's injection well/sewerage treatment system.
In 2 years Mayor Tavares has actually done nothing about the reefs

2. We are blaming Tavares for the worldwide economic problems.

Untrue. we are blaming her for not having any plan to mitigate the bad effects of the worldwide crisis.

3.Maui is the most desirable Island vacation spot therefore everything is still great .

No, all tourism numbers for Maui are diving off a cliff. Maui's great but we are in competition with Mexico and the Caribbean. The meaningful question is; are we the best deal in light of the high transportation costs. If we are the best value we will prosper. We need to become super competitive, not just desireable. Ferrari makes incredibly desired cars but at 300k they don't sell very many.

4. We shouldn't expect the Mayor not to enforce the law.

The Mayor has done nothing in two years to enforce laws against home based businesses. There are many more home based businesses than there ever were vacation rentals. We should expect the mayor to enforce laws based on logical priorities and as well as a sense of fairness and in times of economic crisis and a sense of practicality designed to minimize bankruptcy and foreclosure.

Time is of the essence! In order to educate people about why this recall is so important and should be supported we must tell our stories to the other members of the public who think it does not affect them.

Here is the contact information for letters to the editors:
The Maui News:
letters@mauinews.com
(Letters must include the writer's name, address and a telephone number where the writer can be reached. Letters will be edited for clarity, accuracy and length. Shorter letters are given priority.)
The Maui Weekly: editor@mauiweekly.com
(Submissions must include name, town name and a phone number.)
The Lahaina News: lahnews@maui.net
(Include full name)
The Maui Times: letters@mauitime.com - to respond to their editorial coverage
(All correspondence must include your full name, hometown and a phone number)

Thank you. If you would like additional information or have any questions, please contact recalltavares@gmail.com.

Election Day Efforts

Our hoped for Election Day 'captive audience' idea to collect signatures at the polling stations proved problematic. While we have argued the case with the Elections office that we are not in fact 'electioneering', (Mayor Tavares is not on the ballot), they have sent us maps of a 200' perimeter around all the polling stations where 'electioneering' is prohibited. While legally this is invalid in our case, we do not want to put anyone in the position of having to argue this case in public with any hostile opponents on site, nor create a potentially heated situation with uninformed election officials or law enforcement - not to mention how it may reflect negatively on the effort overall.

So, if anyone does want to go to their local polling station tomorrow to collect signatures they can of course do so, but we would ask that you first become fully informed and get the respective map from our office or the elections office at the County Clerk showing the 200' perimeter. Our purpose and goal is conduct this effort in the most responsible and effective way and not put any one in harms way. So we do encourage everyone to continue collecting signatures within their own communities, however the polling stations on election day will not offer the opportunity we had hoped for given the 'misunderstanding' of the elections office - which unfortunately can not be fully addressed given the time constraints.

Please do email recalltavares@gmail.com with any questions and keep in mind that we still have 20 days to collect signatures and write letters to the papers. It is possible! Forward the blog and email to your email lists

Wednesday, October 29, 2008

PETITION LOCATIONS

For a list of locations in your area where you can sign the Petition to Recall Mayor Tavares, or to pick up blank petitions to collect signatures, please mail: recalltavares@gmail.com and we can give the most uptodate information.

Please note: ONLY Maui residents and REGISTERED VOTERS can sign the petiton.
These signatures will be cross checked by the Co. Clerks office when submitted and must be valid to succeed in the recall.
Mahalo.

Monday, October 27, 2008

RECALL ELECTION PROCEDURE

Per Section 12-6 of the Maui County Charter:
( http://hi-mauicounty.civicplus.com/documents/Council%20Services/2003charter.PDF )

Section 12-6. Recall Election.
If a recall petition or supplemental petition shall be certified by the county clerk to be sufficient, the county clerk shall at once submit the petition with the certificate to the council and shall notify the officer sought to be recalled of such action. If the officer whose removal is sought does not resign within five (5) days after such notice, the council shall thereupon order and fix a day for holding a recall election. Any such election shall be held not less than sixty (60) nor more than ninety (90) days after the petition has been presented to the council, at the same time as any other election held within such period; but if no election is to be held within such period, the council shall call a special recall election to be held within the time aforesaid. If less than fifty percent (50%) of the voters registered in the last general election shall vote at such recall election, the officer sought to be recalled shall not be deemed recalled regardless of the outcome of the election.

Thursday, October 23, 2008

VOLUNTEER CALL, Press Release and biography information

Press release regarding Recall of Maui Mayor Charmaine Tavares:

There is substantial interest in recalling Mayor Tavares. On October 21st I submitted the affidavit which begins the recall process. We will begin our signature drive on Nov 4th election day. We anticipate having volunteers at each of the 43 polling places. We expect to have 2 volunteers for the first and last shift of the day. The volunteers will be 200 feet away from the actual polling place in order to comply with election laws, so look for the yellow and orange recall sign. In order to cause a recall election to be held we need to secure approximately 17,000 signatures. Voter turnout may exceed 55,000. Polls are open from 7am until the last voter in line at 6pm votes.

To volunteer: E-mail us at recalltavares@gmail.com . Give your full name, e-mail address, phone number and location most convenient for you to be at. Volunteers must be over 18 years of age and residents of Maui. Volunteers will work 3 1/2 hour shifts. For more information, locations of all polling places and to read Maui News ‘Viewpoints’ article, please go to www.recalltavares.blogspot.com
James Fosbinder


Who is James Fosbinder?

I am a resident of, and Attorney at Law in, Maui County and have spent over a thousand hours in the past 12 months researching the law and the facts regarding the topics in my Maui News 'Viewpoints' piece (10/17/08). I am convinced that Mayor Tavares has a goal of shutting down every vacation based activity that I mention. I have deposed every one of the last three Maui County Planning Directors as well as the last three mayors. I have been a licensed real estate broker, I am a licensed Lawyer with extensive federal appellate experience for the past 24 years. Maui County will be paying out a total of approximately 8 million dollars to clients who had building permits illegally revoked.

We succeeded in convincing the state of Hawaii to settle our lawsuit demanding an end to discrimination against tourists who wanted to be married on the beach. The state entered into a permanent stipulation allowing weddings on the beach without permits as long as the wedding did not fence of any portion of the beach.

Most of my experience as a lawyer is in the area of curbing government abuse.
I have extensive experience litigating over the use of public parks and public forums.
I have won the right on the east coast in Federal Court for citizens to demonstrate in Central Park in NYC, Lafayette Park (across from the Whitehouse) and at the Washington Memorial. I have worked on successful civil rights litigation with some of Americas best known civil rights attorneys including Peter Neufeld (Neufeld and Scheck) best known for being the DNA lawyers for O.J Simpson, and William Kuntsler best known for his defense of the Chicago 8.

On the West Coast I have represented successfully in Federal Courts dozens of individuals in lawsuits involving the rights of artists, musicians and political activists on the Venice Beach Boardwalk, Santa Monica’s Third Street Promenade and the Ocean Front Parks in Laguna Beach. As may be apparent my litigation has no particular political bias. In the past few years I have represented right wing left wing and center of the bird, this year I served as general counsel to the Ron Paul Blimp project.

I have for over 10 years been active in almost every ocean activity I note in the Viewpoints piece. I have been the president of what was at the time one of the largest bicycle stores in the US. I am friends with many owners, operators and employees of ocean recreation businesses as well as many TVR operators.

Despite having sued former Mayors Apana and Arakawa I have worked with them in an attempt to mitigate the havoc that our current Mayor is imposing on hundreds of hardworking business owners.
Sincerely, James Fosbinder.

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