HILO — Three fired election workers who threatened a $1.5 million lawsuit were willing to accept $10,000 each, a public apology and their jobs back, according to a settlement offer obtained Wednesday by West Hawaii Today.
The County Council on Tuesday by a 4-4 vote rejected the March 19 offer by Hilo attorney Ted Hong. Hong plans a news conference today to outline his next step.
That’s likely to be a lawsuit, Hong said Wednesday.
“It’s unfortunate, but they’ve left us no choice,” he said.
The 31⁄2-page offer, on behalf of fired Election Office Administrator Pat Nakamoto, Warehouse Manager Glen Shikuma and Shyla Ayau, an elections worker, said the employees understood that the cost of litigation would be funded by taxpayers.
“As taxpayers, my clients do not want to burden their fellow county taxpayers, their neighbors or their families,” Hong said in the settlement offer.
The offer goes on to ask for reinstatement of the employees with back pay, a public letter of apology approved by the former employees and signed by council Chairman Dominic Yagong and County Clerk Jamae Kawauchi, to be posted in county buildings and submitted to local newspapers, $10,000 for each employee for “emotional distress,” plus $10,000 total in attorney fees, reimbursement for out-of-pocket insurance and medical expenses and withdrawal of criminal complaints or assurance that no criminal complaint will be filed.
In addition, Nakamoto sought to report to the deputy county clerk instead of Kawauchi and Shikuma wanted his confiscated personal possessions back.
The employees were fired after an investigation by the Clerk’s Office reportedly found alcohol and privately owned sign-making equipment in the elections warehouse. The equipment led investigators to believe that Shikuma, who previously owned a sign-making company, was continuing his private business on county time and in county facilities.
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, while acknowledging that drinking and sign-making was going on, contends the employees were falsely accused, wrongly fired and then publicly embarrassed when their names were released to the public.
Hong particularly targeted the four council members who voted against his settlement offer as having ulterior motives. They are Yagong, Kohala Councilman Pete Hoffmann, South Kona Councilwoman Brenda Ford and Ka’u Councilwoman Brittany Smart.
“They’re letting their political ambitions, their petty politics, drive their decision-making,” Hong said. “Every single nickel, the hundreds of thousands of dollars, that’s now going to be spent, that’s all on them.”
Yagong had little to say in response.
“The council did not approve the settlement offer, and at this time I have no comment,” he said.
Deputy Corporation Counsel Laureen Martin also declined comment because it remained a personnel matter Wednesday. That could change if a lawsuit is filed, she said.
