Liquor panel wants
ex-administrator to
work or risk firing

The city Liquor Commission is demanding that former Administrator Wallace Weatherwax report to work Monday at the Corporation Counsel's Office to process a backlog of liquor investigations reports.

"The terms of our settlement with Mr. Weatherwax remain unchanged. All we're trying to accomplish is to define specifically how Mr. Weatherwax will fulfill the terms of that agreement and his responsibilities while being paid by the city," said Commission Chairman Dennis Enomoto. Weatherwax's failure to report could result in him being fired.

But Weatherwax's attorney Eric Seitz said his client will not report. "On my advice, he's not," Seitz said.

During Weatherwax's seven-year tenure, the Liquor Commission has weathered controversies including the bribery convictions of eight former liquor inspectors and a critical management audit.

Weatherwax, through Seitz, negotiated a settlement that placed Weatherwax on administrative leave with pay and would allow him to retire Nov. 1. Weatherwax agreed he would not file any legal claims against the city over his employment. He also agreed he would not go into the Liquor Commission Office until his retirement.

According to a letter outlining the settlement terms, Weatherwax was also supposed "to be available to assist the Honolulu Liquor Commission through transition, should the commission so desire."

Mayor Mufi Hannemann said this week that Weatherwax should work to collect a paycheck.

Flanked by three of Hannemann's department directors, Enomoto said yesterday that they stood behind the mayor's position.

"He will not be working at the Liquor Commission office or at home," Enomoto said.

"We'll wait till Monday. We'll hope that Mr. Weatherwax finds it in his heart to assist the Liquor Commission as he agreed to do," Corporation Counsel Carrie Okinaga said.

Seitz said the type of "entry-level" work that Weatherwax is being assigned is "intended to be demeaning."

Human Resources Director Ken Nakamatsu said the city made a point to find duties comparable with Weatherwax's background as an attorney and a former Liquor Commission administrator.

Both Seitz and Enomoto said the agreement does not specifically say that Weatherwax would work at home.

But the Corporation Counsel's Office was chosen as "a neutral place. We needed the files to be secured. It's in a building that's very close" to the commission office, Okinaga said.

Enomoto said the commission would not allow the case files to be taken home because they hold confidential information.

What would happen if Weatherwax does not show up on Monday?

Nakamatsu said Weatherwax would need a reason, such as sickness, not to show up. After 14 days of absence without proper notification, "we can take action to terminate him," he said.

Seitz called the city's decision on Weatherwax "political."

"Mr. Weatherwax has put in his retirement papers. He's done everything that's been required by him under the agreement. If they want to fire him now, they're in for a big battle."