Aveiro wants city
to pay sex-case bill

The former assistant police chief
sues for fees and damages

By Gordon Y.K. Pang
Star-Bulletin

Retired Police Assistant Chief Joseph Aveiro Jr. wants the city to pay for his legal defense against charges that he sexually harassed police outreach worker Sharon Black.

Marshall Chinen, Aveiro's attorney, recently filed a counterclaim against the city, seeking attorney's fees and damages.

Chinen argues that allegations filed against Aveiro dealt with actions in his capacity as a police officer.

Chinen, in his Circuit Court filing, states that the city "has undertaken the legal defense of all its employees who are named as defendants" in the Black case except Aveiro.

But Police Chief Michael Nakamura, also a plaintiff, said he has yet to hear from the Police Commission on his request for legal counsel. The chief said he suspects the claims of Aveiro and some 30 others named in the suit also have not been determined yet.

Nakamura said he filed his claim in August, soon after Black filed suit. The chief, who has requested and received counsel on other occasions, said it's peculiar that the commission still has not decided to grant counsel, a decision typically made within 20 days. "I find that very unusual, they should have acted by now."

City Corporation Counsel David Arakawa said the commission determines whether to grant legal representation to an officer or other Police Department employees based on whether claims filed against them are done within the scope of an employee's business.

Arakawa said he did not know if the commission had decided on granting counsel to Aveiro, Nakamura or any of the others.

Approval of funds for such counsel, which must be appropriated publicly by the City Council, has yet to appear on any Council agenda.

Chinen's filing says that because the city breached its duty to provide defense, Aveiro is experiencing "severe emotional distress" and is entitled to damages.

Black sued Aveiro and the police department in August. She claimed she was sexually harassed by Aveiro and forced to have sex with him. Aveiro told police investigators the sex was consensual.

Black further charged that police officers retaliated against her and that Nakamura had her followed. The chief said he had her followed for her protection and with her knowledge.

The City Council this spring rejected a $1.1 million settlement offer from Black. Before that, attorneys had agreed on a $1.25 million settlement, but that was refused by the Council, which made a counteroffer of $500,000. Black turned that down.

In other developments in the case:

Black was hired by the Police Department as its outreach coordinator on Nov. 2 under civil service procedures. Though she's been outreach coordinator since 1992, she previously worked as a yearly contractual hire.

One of Black's claims is that Aveiro used his authority over her contract to gain sexual favors.

Nakamura said Black beat out more than five candidates to win the civil service post.

A source said Black is now making $2,700 a month, about $450 less than she did as a contractual hire.

The city has found "insufficient evidence" to sustain a complaint that Black filed with the police Internal Affairs Division claiming she has been retaliated against because of her actions against Aveiro.

Nakamura, who signed the Nov. 7 letter to Black, said that Internal Affairs, the city Personnel Department and city Equal Employment Opportunity Officer Paula Loomis all agreed that the evidence was insufficient.