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Suit challenges
LeMahieu’s Felix
decree powers

The former DOE chief of
personnel says he lost the
job over his criticism of
some of the initiatives

---

By Crystal Kua
Star-Bulletin

The former personnel director of the Department of Education has filed a legal challenge to new powers given state Schools Superintendent Paul LeMahieu by a federal judge overseeing the state's efforts to improve special-education services.

In a lawsuit filed yesterday, Albert Yoshii alleges he was removed illegally from his position after he spoke against some of the initiatives planned by LeMahieu, including those aimed at complying with the federal Felix consent decree.

Yoshii is asking a Circuit Court judge to reinstate him to his former position and to issue a court order preventing any further "harassment and retaliation."

LeMahieu and the state health director were given "extraordinary powers" over personnel policies and other issues by U.S. District Judge David Ezra to speed up compliance with the consent decree. The state has until December 2001 to comply.

Yoshii alleged that LeMahieu overstepped his authority and was undermining collective bargaining in this and other efforts.

One area related to the consent decree that Yoshii said he criticized was the department's plan to enter into a $100 million contract with Columbus Educational Corporation of Prussia, Pa., to recruit special-education teachers to fill a shortage here.

Yoshii said he favored recruiting and training local teachers. Yoshii, 57, is also alleging that he was discriminated against because of his age.

The lawsuit was filed against the Department of Education, LeMahieu and Assistant Superintendent Paula Yoshioka.

LeMahieu is out of town until tomorrow.

Yoshioka said she was surprised by the lawsuit but could not comment on it because she has not seen it.

Yoshii is now the Felix compliance director who reports directly to Deputy Superintendent Pat Hamamoto, Yoshioka said.

"He was transferred," Yoshioka said. "It was done under the federal court order for Felix."

Yoshioka noted that the powers conferred upon the superintendent by the federal court allow him to override personnel policies and procedures, civil service regulations and other state rules, regulations and procedures that may obstruct or delay the the state's compliance efforts.

Yoshioka said Yoshii's current position is one "that would be of benefit to the department."

The department has hired city Human Resources Director Sandy McFarlane as the new personnel director, effective Dec. 16, Yoshioka said.

Yoshii has worked for the department for more than 30 years, with 13 as personnel director, a tenured position.

Yoshii, who was acting assistant superintendent before Yoshioka was hired, said one of the first items he criticized was LeMahieu's legislative accountability bill that initially sought to exempt an accountability from collective bargaining laws.

On Aug. 8, Yoshii voiced his concern in an email to the deputy superintendent about LeMahieu's plan to recruit special-education teachers on the mainland.

He said he was removed from his position Aug. 21. Yoshii describes his new position as a "temporary position."

Yoshii also alleges that his due process rights were violated when LeMahieu refused to take Yoshii's complaint to the grievance process.