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Mirikitani blocks
By Gordon Y.K. Pang
release of report on abusive-
language claims
Star-BulletinCouncilman Andy Mirikitani still won't allow release of a document that concludes he did not violate the city's sexual and racial harassment policies.
Mirikitani -- after refusing to discuss the issue with the news media for several days -- yesterday dodged reporters following a news conference on a separate matter at Makiki District Park before driving back moments later to make a brief statement.
"This report should not be released," he said, citing advice from Corporation Counsel David Arakawa and Human Resources Director Sandra McFarlane.
He refused to answer further questions.
On Monday morning, despite earlier issuing a news release stating that he felt the report was "a clear victory" for him, Mirikitani asked the office of Council Chairman Jon Yoshimura to nix a scheduled release of the document.
Yoshimura said while he felt it was legally correct for the document to be released, he did not want to run the risk of using taxpayer money to defend his position on the issue.
The report by an investigative team
said that Mirikitani used abusive rhetoric
to his staff but that it was not so severe
or pervasive as to create a hostile
work environment.Arakawa yesterday would neither confirm nor deny giving advice to Mirikitani, citing attorney-client privilege.
In general, however, "internal employee investigative reports are not releasable," Arakawa said.
He said he would advise employees seeking public release of such information to ask the opinion of the state Office of Information Practices.
Yoshimura's office said it sought an opinion from that office but was told it would not be available for several months.
The complaint was filed by fired Mirikitani aides Jonn Serikawa and Scott Lasater.
According to documents obtained by the Star-Bulletin, an investigative team reporting to Equal Opportunity Officer Denise Tsukayama found: "While credible evidence was found that Mirikitani was capable of vociferous and even abusive rhetoric to his staff, no finding is made that it was of a sexual nature so severe or pervasive as to create a hostile work environment."
The report also found "it was generally corroborated that Mirikitani ... used abusive language in his conversations with male employees."
Mirikitani was accused of, among other things, calling one of the complainants "a fat f------ rice ball" and another "a Jewish concentration camp survivor."
City & County of Honolulu
