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Saturday, August 5, 2000



No settlement in
sexual harassment suits
against cops; jury
could get case



By Gordon Y.K. Pang
Star-Bulletin

The sexual harassment lawsuits brought by civilian outreach worker Sharon Black against top police officers are headed for a Nov. 7 trial in U.S. District Court.

The case has already cost taxpayers nearly $300,000 in legal fees.

There may, however, be yet another attempt at a settlement.

After hearing myriad motions by attorneys from several sides of the case, U.S. District Judge Samuel King yesterday indicated that he wants a jury to hear the disputed facts in the case.

The motions sought to have King rule on some of the counts made against the city, former Assistant Chief Joseph Aveiro Jr., retired Police Chief Michael Nakamura and acting Assistant Police Chief Rafael Fajardo.

The lawsuits center on Black's claim that she was subjected to sexual harassment by Aveiro, her supervisor. They go on to charge that Nakamura and other higher-ups not only failed to discipline Aveiro or take other steps to address her initial complaint, but made the situation worse.

Among the allegations is that Nakamura, without Black's knowledge, had her followed and placed "traps" on her telephone and pager that compiled a log of calls.

Nakamura said the traps were made with Black's knowledge and that he had her followed for her safety.

Aveiro said his relationship with Black was consensual.

On Wednesday, the City Council is set to grant $100,000 more toward the defense of Nakamura and Fajardo, a police major at the time.

City Hall documents show the law firm of Watanabe Ing and Kawashima has already billed the city $97,838 for its representation of Nakamura, while the firm of Ayabe Chong Nishimoto Sia and Nakamura has charged $90,869 to date.

The city initially approved $100,000 each in legal representation for the two men in 1998. Special counsel is necessary because the city is a party in the case and is being represented by the corporation counsel's office.

The Honolulu Police Commission rejected Aveiro's request to have the city foot his legal bills.

The Council is also expected to give the go-ahead for city attorneys to try to settle the case. On July 26, the Council Policy Committee gave a preliminary approval for such action after the corporation counsel's office found it "in the best interest of the city" to make a settlement offer.

Attorneys for both the city and Black declined to discuss the possibility of a settlement, citing instructions from King.

In 1997, the Council rejected a $1.25 million settlement proposal reached by attorneys for Black and the city. Black, in turn, rejected a $500,000. A later $1.1 million settlement offer by Black was also rejected by the Council.



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