No decision on settlement offer for fired Elections Office workers

HILO — The Hawaii County Council spent two hours in closed session Wednesday afternoon, emerging with no decision on a settlement offer from the attorney representing three fired Elections Office employees.

The employees, including warehouse manager Glen Shikuma, his boss Elections Program Administrator Pat Nakamoto and two other employees, were fired after an investigation by the Clerk’s Office reportedly found alcohol and sign-making equipment in the elections warehouse. The Elections Office is the jurisdiction of the Clerk’s Office and ultimately, the County Council, rather than the mayor’s administration.

Details of the settlement offer were not made public, nor did the council members indicate whether they’re leaning toward accepting or rejecting the settlement. The council is scheduled to reconvene in open session on the issue at 8:45 a.m. April 17, before their next regular committee session in Hilo.

“There was no action taken on the matter in executive session,” said Council Chairman Dominic Yagong.

Ted Hong, the attorney for Shikuma, Nakamoto and one other employee, said Wednesday he’s given the council until 9 a.m. April 19 to decide on the settlement. He also declined to discuss the details.

‘They have a deadline to make a decision up or down,” Hong said. “It’s premature for me to comment.”

The employees are going through the grievance process and have the option of appealing to the Mayor’s Office if the grievance doesn’t go their way. According to the county charter, employees must file a claim with the clerk’s office before becoming eligible to file a lawsuit in circuit court.

Hong said in January he intended to file a defamation lawsuit seeking $500,000 for each client’s emotional distress and injury to their professional standing.

Shikuma had closed his sign-making business when he took the county job, but he continued to make signs and T-shirts from the county warehouse on his own time, according to Hong. In addition, various county clerks, council chairs and other county officials “routinely” attended “mahalo” parties held for elections workers at the Hilo warehouse, where people brought their own alcohol, Hong said.

It is a violation of county code for employees to run private businesses out of county facilities and to drink or have alcohol at job sites. But Hong contends the employees were falsely accused, wrongly fired and then publicly embarrassed when their names were released to the public.

South Kona Councilwoman Brenda Ford, while declining to go into detail, said she’s more confident than ever that Yagong and County Clerk Jamae Kawauchi did the right thing.

“As a result of this executive session, it is my opinion that Mr. Yagong and Ms. Kawauchi are innocent of any wrongdoing,” Ford said.

Ford, Yagong and Ka‘u Councilwoman Brittany Smart last month voted against Corporation Counsel Lincoln Ashida’s request to hire special counsel, forcing the vote to fail. Ashida had said he had a conflict of interest. He said Wednesday court rules forbid him from specifying the conflict, but he adamantly denied it had anything to do with accepting campaign contributions from Hong and other local attorneys in his bid for county prosecutor.

‘That had absolutely nothing to do with it,” Ashida said, adding that in a small town, many attorneys are friends and colleagues.

As for asking for special counsel, Ashida said he was initially acting on the side of being overly cautious, but he appreciates the council’s faith in his staff’s abilities to handle the case. Not hiring outside attorneys is likely saving the county thousands in attorney fees.

“I really appreciate their confidence in our office and wanting them to stay on this case,” Ashida said.