By JASON ARMSTRONG
Tribune-Herald staff writer
Another wrongful termination claim has been filed against Hawaii County stemming from the recent firing of four elections workers.
Like two of her former colleagues have already done, Shyla Ayau is seeking $500,000, claiming she was libeled, “injured in her office” and “held up to scorn.”
Those alleged abuses were caused by the county clerk, a private investigator and unnamed County Council members, according to the claim filed Feb. 6.
“This shouldn’t have happened,” said Ayau’s attorney, Ted Hong. “It’s going to cost taxpayers, unnecessarily, a lot of money.”
Ayau, Pat Nakamoto, the longtime elections program administrator, and election worker Elton Nakagawa were fired Jan. 6 following an investigation that allegedly uncovered illegal alcohol use and storage at a rented Hilo elections warehouse.
The firings followed the October 2011 dismissal of Glen Shikuma, who had supervised the Makaala Street facility.
Last month, Nakamoto and Shikuma filed separate wrongful termination claims for $500,000 apiece. Shikuma, who is suspected of having run a private printing business from the facility in violation of county law, also wants an extra $50,000 for alleged property damage.
No such claim has been filed on behalf of Nakagawa. Ayau also was stripped of her seniority and accumulated benefits by being denied a lateral transfer to a similar position with Kauai County, Hong said.
“She basically had to start over to start a new job on Kauai,” he said.
The terminations were made by County Clerk Jamae Kawauchi, with consent from her boss, County Council Chairman Dominic Yagong of Hamakua. Neither could be reached for comment Friday afternoon.
Yagong has scheduled a closed-door session during Wednesday’s council meeting in Hilo to discuss the matter with private attorneys he hired at taxpayer expense.
County payments to Kailua-Kona attorney Michael Matsukawa, a former county corporation counsel, and the Honolulu law firm of O’Conner, Playdon and Guben will be capped at $15,000 each, Yagong said earlier this month after having canceled an executive session set for the council’s Feb. 1 meeting.
That first meeting was requested by Corporation Counsel Lincoln Ashida, the county’s top civil attorney, who is recommending hiring private legal help to fight the claims.
Ashida has renewed his request for an executive session, this time for Wednesday’s meeting, to discuss the claims by Ayau, Nakamoto and Shikuma.
He’s submitted a written justification for hiring private attorneys, but Friday said that information falls under attorney-client privilege and therefore cannot be released.
Hong, a former chief labor negotiator for the state and a previous Hawaii County assistant corporation counsel, predicted “most, if not all” of the four former workers will be reinstated before the Nov. 6 general election. He also expects the county’s bill for legal services will reach $250,000.
Email Jason Armstrong at jarmstrong@hawaiitribune-herald.com.
