Former Council Chairman Dominic Yagong and former County Clerk Jamae Kawauchi acted against a Human Resources Department opinion in firing several elections workers last year, the attorney for the reinstated Elections Division chief says.
Ted Hong filed his arguments late last week against a motion by Yagong’s and Kawauchi’s attorneys, asking 3rd Circuit Court Judge Elizabeth Strance to dismiss Elections Division Chief Pat Nakamoto’s and former Elections employee Shyla Ayau’s defamation lawsuit.
“The defendants violated the specific recommendation and instructions of the director of Human Resources not to terminate the plaintiffs,” Hong wrote, referring to the director’s statement during a deposition that he told Yagong and Kawauchi he did not see sufficient evidence to fire Nakamoto, Ayau and former Elections warehouse supervisor Glen Shikuma. “Defendants Kawauchi and Yagong’s failure to follow the instructions of the county’s Director of Human Resources not to terminate the plaintiffs was contrary to the county’s clearly delineated lines of authority, responsibility and expertise. Defendants Kawauchi and Yagong, who had no experience or training in civil service laws and the collective bargaining agreements, chose to intentionally and deliberately ignore the direction of the director of Human Resources.”
Hong further argued that Kawauchi and Yagong committed a criminal violation by releasing information to the media about the investigation into whether county employees consumed alcohol at the county’s warehouse, whether Shikuma was running a private business out of the county space and whether Nakamoto, as the division supervisor, should have known about those alleged activities and stopped them.
The former council chairman’s and county clerk’s actions violated Nakamoto’s and Ayau’s right to privacy, Hong said. Human Resources Director Ronald Takahashi told Hong he advised Yagong and Kawauchi not to disclose any information before such a termination matter reaches “the highest level appeal process.” In this case, that would have been arbitration, Takahashi said.
Yagong also instructed one of the investigators to talk to the media, Hong said. That instruction intentionally violated state law, Hong said, “because the information concerning the investigation was published before any decision had been reached in the highest nonjudicial grievance process.”
Releasing the information early cast Nakamoto, Ayau and Shikuma in a false light, Hong added.
Yagong and Kawauchi knew “providing false statements and leaking information to the press from an ongoing confidential investigation would result in nothing but injury to (Nakamoto and Ayau),” Hong said. Yagong and Kawauchi “had knowledge that injury was probable, as opposed to possible, resulting in injuries sustained by (Nakamoto and Ayau) to their careers, social and personal lives. (Yagong and Kawauchi) consciously failed to avoid the risk.”
Nakamoto was reinstated to her position. Ayau was offered her job back, but had taken a position on Kauai. Shikuma died last year.
