Advertisement - Click to support our sponsors.

Jury rules
in favor of Maui liquor
whistleblowers

By Debra Barayuga
Star-Bulletin

A federal jury has ruled in favor of four Maui liquor investigators who accused the county of retaliating against them for blowing the whistle on alleged corrupt activities by their supervisors.

The jury, after deliberating since Thursday, awarded a total $225,652 in back pay and benefits to Curt Tokunaga, Richard Cherry and Arthur De Lima.

But the jury could not reach a unanimous decision on whether Charles Bunch was constructively discharged and what damages he was entitled to.

Jurors unanimously found that the county violated the plaintiffs' First Amendment rights and rights under the Hawaii Whistleblower Protection Act after they spoke out.

The plaintiffs had reported to federal authorities that payments were being made to then-Maui Liquor Department Director Joseph Souza by a convicted felon who had been granted a liquor license, a violation of state and county liquor laws. They also alleged liquor laws were being selectively enforced and some licensees were getting preferential treatment.

Jurors also agreed that acts of retaliation against the four investigators were done pursuant to a custom or practice of the county that was later ratified by then-Mayor Linda Lingle.

Kevin Yuen, one of the plaintiffs' attorneys, said the verdict puts Maui County on notice "that it cannot do business as usual" by discriminating against employees who speak out about corruption.

He said it also sends a message to the Maui community that if it believes there is corruption going on, they should do the right thing and report it.

Guy Archer, Maui deputy corporation counsel, declined comment on the verdict.