Panel reports A joint Senate-House investigative committee probing spending related to the Felix consent decree is expected to make public today its draft report of its findings and recommendations.
Felix abuses widespread
The Senate-House committee says
criminal charges could be a resultBy Crystal Kua
ckua@starbulletin.com"Well, I think for me, one of the themes of the report is that there was abuse at almost every level of this consent decree," said Rep. Scott Saiki, committee co-chairman.
The committee is recommending in the report that the attorney general look at all aspects of the report and "take appropriate action," which could include criminal charges, said Sen. Colleen Hanabusa, committee co-chairwoman.
"Whether or not the AG decides to prosecute is really up to the AG," Hanabusa said. "We don't say, 'Go out and go prosecute,' but we're making pretty strong statements that the AG should look at all the various points of the report and take appropriate action."
The committee is planning to distribute the 60-plus pages of the report to about 60 individuals for comment. These are people who either have testified or have an interest in the proceedings.
Among those who will get a copy include former state schools Superintendent Paul LeMahieu, who resigned in the midst of the committee's investigation, U.S. District Judge David Ezra and court-appointed consent decree monitor Ivor Groves.
The committee will give these individuals until Dec. 18 to comment, and the comments will become public record. A final report is expected to be completed by Dec. 26, the deadline for submitting the report to the Legislature.
The consent decree was the result of a 1993 lawsuit that alleged the state was in violation of federal law for failing to provide appropriate educational and mental health services for special-needs children.
The departments of Education and Health are the lead agencies in improving the delivery of services.
The committee will be asking colleagues in both the House and Senate to keep it alive throughout the next session, which begins in January.
Hanabusa said the committee is not satisfied that all the money spent by the departments has been accounted for, and there are still unanswered questions and promised documents that have not been delivered.
"(The report) reflects how the committee feels about what has gone on. And what you will find is the fact that there has just been sort of a lack of candor, to put it very nicely, to the Legislature as to exactly what monies were needed where were being spent," Hanabusa said.
One of the key figures whom the committee has not heard from yet is Groves. Ezra, who presides over the case, stopped a committee subpoena from being issued to Groves in the summer.
Saiki said the report also focuses on governance issues including fiscal controls, reporting and management.
The committee is also recommending legislation that would remove obstacles from state Auditor Marion Higa's ability to collect information from the departments on whether children are receiving adequate services.
Higa's office has been the investigative arm of the committee throughout the probe.