High court sends Kauai police case back to trial
A former private secretary for former Kauai Police Chief George Freitas who claimed she was wrongfully terminated for participating in an investigation against her former boss will have her day in court.
The Hawaii Supreme Court ruled yesterday in a 22-page memo opinion that there was sufficient evidence to show that Jacquelyn K. Tokashiki's transfer to a different bureau in the Kauai Police Department was because of whistleblowing activities. At the time, she was a secretary to the Police Commission and to the police chief, said her attorney, Clayton Ikei.
While Tokashiki did not blow the whistle on any legal violations, in her role and duties as secretary she participated in the inquiry or investigation of a suspected violation, he said.
"She functioned as dual secretary to the chief and the Police Commission, and that was the problem," Ikei said. The jury will have to decide whether her participation was the cause of her transfer and subsequent removal.
The Circuit Court had granted summary judgment in favor of Freitas and Kauai County in June 2004. The high court's ruling yesterday invalidated the lower court's ruling and sent the case back for trial.
Tokashiki, who hasn't been back to work since her termination in May 2002, was very happy to hear of the high court's decision, Ikei said. A psychologist deemed her unable to work after her termination, he said.
Tokashiki served as secretary to the police chief and to the Police Commission starting Feb. 1, 1980. Freitas became chief in 1995.
The case goes back to when Lt. Alvin Seto and Inspector Mel Morris filed written complaints against Freitas in July and August 2001 and submitted them to Tokashiki, secretary for the Police Commission, for processing.
As secretary, Tokashiki was also asked to prepare memos about procedures the commission needed to follow in handling complaints, schedule meetings with the commission to discuss the matter, maintain all internal investigation files, participate in the meetings and answer procedural and other questions about the complaints. The commission decided to investigate the complaints against Freitas and placed him on leave with pay.
After a six-month investigation, the commission found Freitas guilty of two violations of the Kauai Police Department's code of conduct by allowing his then-girlfriend to ride in his police car while not on police business, and by yelling at a subordinate.
Freitas reassigned Tokashiki the day he returned from leave in January 2002. She was later notified that her employment would be terminated on May 31, 2002.
Freitas retired in October 2003.
John Komeiji, attorney for Freitas, said he had not yet reviewed the decision and declined to comment.