Friday, May 31, 2013

Musings: Honor Among Thieves

A former employee has filed a claim against Kauai County for $356,400, alleging corruption, misconduct, ethics violations, retaliation and a hostile work environment in the auditor's office.

Ron Rawls, a former staff internal auditor, contends that county Auditor Ernie Pasion and former Prosecutor Shaylene Iseri-Carvalho doctored a county fuel audit investigative report to make their political enemy, Mayor Bernard Carvalho, look bad. 

Rawls says he was harassed when he spoke up, prompting him to file a hostile workplace complaint in June 2012. After that, Rawls says, he was subjected to illegal retaliation and ultimately banished to a small, windowless office with no work assignments for five months. He resigned effective Jan. 7, 2013.

Rawls also maintains that Pasion refused to authorize an investigation into allegations that Iseri-Carvalho and her first deputy, Jake Delaplane, were misusing county vehicles and gas. 

Rawls outlines events surrounding a county fuel audit that eventually led to a failed bid to indict one of the mayor's administrators, Janine Rapozo, on theft charges in the waning days of Iseri-Carvalho's term. The indictment was thrown out because an insufficient number of grand jurors had found probable cause to charge her.

Rawls further contends that in “a number of instances” Pasion and audit manager Lani Nakazawa “violated government auditing standards (and hence violated legal requirements set forth in the county charter) relating to auditor independence, objectivity, impartiality, integrity and professional behavior in connection with the fuel costs audit investigations.”

Here's what happened, according to the declaration that accompanied Rawls' claim:

In August 2010, Rawls was assigned to conduct an audit of county fuel costs. After discovering that the mayor and other county employees were possibly misusing county fuel, he reported his findings to Pasion, who hired an Oahu law firm (McCorriston, etc.) to conduct an extended audit. The firm issued two reports: one on the mayor and another on a parks worker.

The McCorriston report stated that Carvalho was following a procedure started by previous mayors and may not have had criminal intent. It suggested the County Council refer the issue to the state Attorney General if it wanted to pursue the question of intent.

In a meeting that Rawls attended, Pasion and Iseri-Carvalho decided to withhold the part about mens rea (criminal intent) in a summary report submitted to the Council in order to make the mayor appear guilty and encourage a criminal prosecution. Rawls expressed his opposition at the meeting, and followed up with an email to Pasion, but the Council was not given the full report.

On Aug. 4, 2011, the Auditor's office received an anonymous complaint about Iseri-Carvalho and Delaplane misusing county vehicles and fuel. Rawls had previously become aware that other employees were taking county vehicles home, increasing the likelihood of improper personal use.

At a mid-August meeting with the McCorriston law firm, Rawls presented the information about the take home vehicles. Investigators “were unequivocal in their position” that all the fuel cases should be reviewed simultaneously to avoid the appearance of selective prosecution.

However, Pasion specifically directed McCorriston to investigate only the mayor and a parks worker, and none of the other employees. Rawls contends Pasion was trying to derail any investigation into Iseri-Carvalho because they are close political allies, whereas he has observed that Pasion “openly disdains and disparages Mayor Carvalho.”

After receiving the McCorriston reports in April 2012, Rawls confronted Pasion about his misconduct and suggested he recuse himself. In response, Pasion “lashed out” and removed Rawls from the take-home vehicle audit, then began excluding him from closed-door staff meetings. Pasion and Nakazawa also ridiculed him in front of another employee with false accusations about his work.

On June 25, 2012, Rawls filed a hostile workplace complaint and was offered a work space in a different building. Though Pasion initially gave him work, he began withdrawing the assignments in August and excluded Rawls from a staff training conference.

In August 2012, Rawls reported the retaliation to the County Attorney, Human Resources and County Council, which oversees the Auditor's office. The Council hired an investigator, who provided the Council with “substantial documentation” of the retaliation. However, “no discernible action was taken to stop the retaliation.”

Consequently, I was left sitting in a small, windowless office with no audit work from mid-August 2012 through my last day of work on Jan. 7, 2013. These working conditions and the continuing retaliation and hostile work environment became so intolerable that I felt I had been constructively discharged from my employment.”

The value of his claim is based on projected lost earnings with Kauai County and expenses incurred due to the higher cost of living on Oahu, where he was able to secure another job.

In a follow-up to the McCorriston report, which also suggested the county clean up its act, I asked county spokeswoman Beth Tokioka what, if anything, had been done. She wrote:

Last fall, the Mayor discontinued fueling his personal vehicle via the County's automated fueling system and since that time has received no reimbursement for vehicle expenses of any kind, including mileage.

Beth also said that Public Works was researching a new system well before the report, and on May 17, 2013 installed a new dual-key FuelMaster system “for great accountability” at its gas pumps.

Under the new FuelMaster system, each employee will be assigned a “swipe card”, and Public Works will install in each of the County’s four hundred vehicles and equipment a module which will automatically communicate with the gas pump upon fueling to identify the vehicle being fueled; this will eliminate any need to manually enter information into the fueling system.

We are also developing a Motor Vehicle Policy, which is not yet final.  However, I can tell you that the following statement will be included in that policy: "Fuel available at County baseyards or through a County credit card shall only be used to fuel County owned vehicles and privately owned vehicles that are permitted through collective bargaining agreements, County ordinances or other agreements.  Fuel usage shall be monitored by each respective Department/Agency."

62 comments:

  1. Kauai chews up and spits out the good people. This guy should be the auditor.

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  2. I wonder if the Parks employee's name by any chance rhymes with Schmenny Schmapozo.

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  3. It's time to take down Kauai's Home Grown Terrorists- The Syndicates!

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  4. so what GPS installed so we know when they go to Tip Top, Starbuck, Foodland, Safeway, or home for lunch in a county vehicle...one step forward for all of the countless missteps backwards...

    doubt it.

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  5. isn't that the same pair of auditors that "audited" the planning department and what did they find? Nothing?

    makes me think, mmm.

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  6. Anyone aligned with Shey is a fool. Ernie, I hope this isn't true.

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  7. I just read the claim. That cannot be real. Is he serious?

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  8. I don't know. It's one thing to say "everybody before me did it" it's quite another to claim that you didn't know you weren't entitled to it- especially when you know you are entitled to money for your car and mileage as part of your salary and benefits as defined by the Salary Commission.

    How do you not know what you are and aren't supposed to get paid when you're the Mayor? Especially when you're the one who determines what a slew of people get paid as their "appointing authority?

    I'm not saying the mayor is not entitled to have his intent investigated as Rawls asked. But I'm not sure I buy the "I didn't know" excuse.

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  9. " i did'nt know" seems to be a theme in politics , from county up to feds there are scandals rampant in gov/politics. the solution will come from public pressure. the power is w/ the people but we must be an informed electorate. thanks for pointing direction for further attention to the county scandals. hope people are watching, else the change will be slow, i think the county will get their shit together someday but w/o public pressure its a kick the can down the road thing......they need a kick in the okole then slap the head and tell them to get it together our your out before the next paid holiday.

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  10. On page 8 it says that he substantiated that the prosecutor and first deputy routinely used county cars and gas for personal use just like the mayor. And the man who told his investigators to not investigate the prosecutor is still the auditor? Way to go, county. KPD? Justin? AG? Anybody?

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  11. I thought the only way to file a clam was through through the ethics commision.

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  12. And Shay prosecuting Bernard for doing the same thing that she was doing?

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  13. Maybe i'll try the "I didn't know" reason the next time the IRS investigates me. Seems to work around here.
    "Ignorance of the law is no excuse."

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  14. 10:23 - The Ethics Commission doesn't deal with employment discrimination issues. That's the purview of the EEOC. If you feel you've been treated contrary to Federal law regarding employment, you file a "charge" with the EEOC. They conduct the investigation independently of any local involvement, and in the end either determine your charge is founded, or not. If yes, then you get a letter that is a "right to sue" document. That's when a mandatory sit-down happens to try to resolve the issue. If it can't be resolved in mediation, then it goes to court if you choose to. If the EEOC thinks a charge is founded, there isn't much wiggle room for the defendant.

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  15. Isn't Janine the HR director? Looks like she blew this one. When is the county going to hire a qualified HR director?

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  16. Oh but the County does have an 'expert' - Guyot to advise them.

    OMG LOL!

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  17. If Rawls confirmed that Shay and Jake stealing gas and using the County cars for personal use he should have reported it to the police. But what would Chief Perry have done? Ernie Pasion covered up the very thing he's responsible for investigating and he should be fired.

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  18. Oh look. Al Castillo is going to settle another frivolous lawsuit against the county with Hempey. How many does this make?

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  19. They weren't frivolous - when one's civil rights are violated (sexism, racism, ageism, as well as retaliation) and as Ms. Albertson clearly stated the Federal government issues the RIGHT to SUE because they found an individuals rights were violated.

    If they were trifling, then no right to sue would be issued.

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  20. Frivolous because no one's rights were violated and no gas was stolen? Nothing to see here, move along.

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  21. wrong answer 11:08

    Please inform yourself on hostile work environment and retaliation in the workplace.

    http://www.eeoc.gov/laws/practices/harassment.cfm

    http://www.eeoc.gov/laws/types/retaliation.cfm

    You must be a county employee that participates or someone who hasn't experienced it.

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  22. As with every case of government corruption, the most astonishing thing about this story is how the perpetrators believe they won't get busted.

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  23. It's hardly frivolous to harass someone into resigning after they exposed the corruption of their supervisor.

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  24. That declaration is full of what lawyers call unreliable, self serving hearsay. If Castillo throws his support behind this in admissible fairy tale and talks the county council into forking over a couplehundred thousand to Hempey well know something stinks in Lihue. Does Castillo work for the county of Kawaai or for hempey and meyers?

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  25. What does Rawls have? Proof that Shay and Jake were using county cars and gas for personal use? Proof that the auditor covered it up? What do the private investigators say? Do they back up Rawls? If Rawls is lying and can't back up what he said in his claim then he shouldn't get a dime. If he's telling the truth, then fire the auditor and send him to jail.

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  26. We're supposed to believe you know anything about the law? You don't even know how to spell Kauai.

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  27. Why is Ernie Pasion still our County Auditor?! Scary!!! Hoping our councilmembers have the courage to get a new Auditor.

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  28. Why indeed. But Rawls wants compensation for golf and cable tv? And dining out?

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  29. Didn't the Mayor hire the 'auditor'?

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  30. No the Council did.

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  31. Castillo will talk the council into settling. Hempey will get his 1/3 cut. What does Al get out of all these deals?

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  32. At least the mayor was driving his own car. Shay and Jake drove County cars and used County gas. Add this to the list of her scandals. And Joan, you were on it back in November:

    In the meantime, I am trying to learn what evidence was presented to the Grand Jury in securing the indictment against Janine. I've also been told that both Shay and her first deputy, Jake Delaplane, used county vehicles to commute to and from work, which the investigator's report indicated was a no-no for the mayor. It's unclear whether the OPA fuel use was also investigated, as I have not been able to get a copy of the auditor's report. I requested it as a public record, but Ernie would not release audit files or investigative reports because "criminal investigations are still in progress."

    Yeah, Ernie didn't want to release anything because it would expose his cover up.

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  33. Can you say "Banana Republic"? Here's my guess: Ernie, Shay, Bernard and the rest of the banana eaters are pissed at Joan for creating a stir. Doesn't Joan know this is the way it's done here? If only the press and the bloggers understood that and covered the mayor singing, we'd all be fine and Sue Kanoho wouldn't be pissed at the way this will affect tourism. Come on, Joan; can't you just cover the mayor singing and making another proclamation? Mr. Mayor, why are you so eerily silent on all these 'scandals'? TVR violation after violation, et al.

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  34. So how many county employees have criminal backgrounds? This is all really too much, everyday the newspaper tells all of the happy, nothing to see hear stories and the truth gets buried.

    Paradise on its face, with an ugly underneath.

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  35. planning, county attorney's, mayor, building dept., are they all incompetent? Mayor sure looks incompetent not to do or say anything, council , we'll see if they rise or fail

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  36. Add the auditor's office to that list. But is it incompetence when you are supposed to audit fuel use and deliberately misdirect the investigation? Sounds like corruption. Not good at any level, really bad if you're the auditor.

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  37. Ron Rawls' claim says that Hawaii law makes it a crime to drive county cars for personal use and that penalties include a fine and jail. Shay and Jake are lucky it was their friend Ernie in charge of the investigation.

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  38. http://www.lawserver.com/law/state/hawaii/hi-statutes/hawaii_statutes_105-1

    just because it is a state law doesn't mean our county government believes it should be followed...besides - driving to a bar could have been considered work for Shayme and Co.

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  39. Just because government auditing standards say the auditor is supposed to be independent, objective, impartial, have integrity and behave professionally doesn't mean the county auditor has to possess these qualities. Can he help his friends and screw his enemies? Can he hide crimes committed by powerful government officials? Then he's qualified in this county.

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  40. From the Auditor's website:

    Welcome to the web site of the Office of the County Auditor!

    I am Ernesto G. Pasion, your Kaua‘i County Auditor. On September 16, 2009, I was honored to be appointed to head the first Office of the County Auditor.

    During my tenure, my commitment to the citizens of Kaua‘i is to conduct factual and impartial audits to improve the accountability, transparency, efficiency and quality of County services. The audit reports will be made available to the public, the County Council and the County administration, to provide objective data to be used in making public policy and legislative decisions.

    We will be posting updates on the activities of our office for you on this website, and hope that you will find the site informative and accessible.

    Vision

    It is our vision that through carefully selected audits of critical areas, we can promote honest, efficient, effective and accountable government for the County of Kaua‘i.

    Goals

    To serve as a catalyst for positive change throughout county operations
    To encourage efficiency and effectiveness of county programs
    To inspire public trust by safeguarding the county’s financial integrity
    To ensure that the county’s scarce resources are used effectively, efficiently and economically

    Nice words. Too bad they don't mean anything.

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  41. Here's the audit

    http://www.kauai.gov/Portals/0/County_Auditor/FinalFuelCostsandManagementReportInterim.docx.pdf

    By the way- the council has had maybe a dozen executive sessions on the agenda about the auditor since last summer

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  42. What say you Mel Rapozo: are you going to request a full investigation on this one?

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  43. "You can fool some people sometimes, but you can't fool all the people all the time."

    - "Get Up Stand Up.." Bob Marley

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  44. This is beyond council's ability to deal with, it's time for the federal government to step in and rectify this never ending scandal.

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  45. Just to clarify, because I've been seeing the same question posed numerous times in this blog and others, Janine is NOT the HR Director. There is an acting HR Director in place until the Civil Service Commission appoints a new one.

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    1. She will be the HR Director, believe me. She got Fernandez fired and ruined other employees to get what she wants. Just ask any county employees in the know.

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  46. I checked with Beth Tokioka and was told:

    Janine is an HR Manager II. It’s one of three positions in the Personnel Services Department that reports to the Director. The Director is currently Thomas Takatsuki. He’s been appointed by the Civil Service Commission to fill the position until a permanent Director is selected by the CSC. Former HR Manager Malcolm Fernandez left the Director’s post back in January.

    So maybe they'll actually hire someone with experience, knowledge, a degree in HR. Or not...

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  47. " The people that are making this world worse don't take a day off, how can I?"-Bob Marley ( two days after he got shot.)


    I am Kauai Unsolved Murder #?

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  48. The council over sees the auditor and elections. lets see if they are as fast to investigate their own people they are responsible for as they were with the planning department.

    come on mel, lets see you do the charter section to investigate your auditor.

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  49. joan, can you investigate the auditor? maybe you can get the council to investigate one of their own too. if they don't that's somewhat hypocrital.

    if you do investigate the auditor, then we'll get to really see the council's true colors and see if they will still praise your investigative skills.

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    Replies
    1. Did the council investigate Dickie for the Beer gate incident?


      Did they investigate Mel during the POHAKU debacle?


      Although Kipu recused himself during the OPA budget, his role in getting his department the Crime Victim Witness program changed to let his campaign manager get a high salaried county job is unethical.


      How about the council members who drafted and supported money grab bags in the TVR gone wild bill?


      Almost every year on Kauai there has been an unsolved murder, suspicious death, unattended death, superficial wounds death, Murder made to look like a suicide death, over dose deaths from illegal drugs and illegal selling of RX drugs and not one council member has raised concerned for these matters.


      I believe that we need a whole new body of council members and a total overhaul of the current Administration if Kauai wants to survive. We also need to clean up the police department, courthouse, and supporting agencies from syndicates and their families.



      Kauai's Home Grown Terrorists must not RULE again.

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  50. Investigate Ernesto Pasion when his "commitment to the citizens of Kaua‘i is to conduct factual and impartial audits to improve the accountability, transparency, efficiency and quality of County services"? Are you serious?

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  51. Janine Rapozo is a liability to the mayor's re-election. Can't wait next year to get these power-hungry cronys of the mayor out to oblivion.

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  52. Mayor's boy Guyot got it covered, no worries Brah.

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  53. what is ernie's qualifications to be the auditor? does he have a degree in accounting, or does he have years of experience in auditing? sounds like council has their own people in high places too. can the people do a petition to have him removed?

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  54. What are Ernie's qualifications? How dare you ask that question now. He's obviously a JOKE.

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  55. Who does Ken Taylor think Ernie is? How is he writing a glowing report of Ernie's 'accomplishments'? Today's LTE must be an inside joke.

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  56. The Auditor should be elected by the people and meet the minimum requirements for the office.

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  57. 10:56 you should submit that to the charter commission so they can put it on the ballot next year during elections. SERIOUSLY!!! write a letter to the newspaper or something, get that thing on the ballot. who appointed ernie to the auditor? was it the council just because he was the previous county clerk?

    the auditor is supposed be politically MUTE, yet we all know his association with none other than shayme!!!

    the people should elect the auditor!!!!!! but it on the ballot!!!!!!!

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  58. Ernie was picked by Kaipo. He manipulated the process so only Ernie and Lani Nakazawa were choices. Council picks Ernie, Ernie hires Nakazaua. Neither is a CPA so they hire Rawls who is and actually has gov. Audit experience. Then he finds problems with objectivity as Ernie tries to cover up misuse of County gas and cars by Iseri and Deleplane. So much for an independent Auditor. Rawls had no prior connection to Kauai and knew his stuff, just what we need in an Auditor.

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  59. Electing the auditor won't guarantee that anything. We elected Shay and that didn't turn out well.

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