Memos marshaled in
suit against DOE

An administrator says LeMahieu
overflexed his policy muscles

---

By Lisa Asato
Star-Bulletin

The former personnel director for the state Department of Education has new evidence on his side in a lawsuit against the department.

He alleges he was removed from his job after objecting to schools Superintendent Paul LeMahieu's use of expanded powers to improve special-education services.

Clayton Ikei, an attorney for Albert Yoshii, said a confidential memo and other previously inaccessible documents that were filed yesterday in U.S. District Court strengthen Yoshii's case made by the original lawsuit alleging LeMahieu used his powers to circumvent state collective-bargaining, civil service and procurement laws.

"(The documents) are further proof as to the reasons why he was removed," Ikei said.

Thursday's filing counters the state's motion to dismiss the case based on qualified immunity of government officials and LeMahieu's expanded powers granted by Judge David Ezra.

The filing says a $2 million contract approved by LeMahieu with Pacific Resources for Education and Learning, which names Hilo-based Na Laukoa as a subcontractor, was a waste of state money because Na Laukoa was deemed unqualified by Department of Education staff, including the director who oversees Felix contracts.

Two memos written by that director, Robert Golden of the Student Support Services Branch, are included in the filing. The first, to LeMahieu, describes Na Laukoa as "long on ideals, short on understanding current practices." Golden also wrote that the program had "no sense or understanding relative to school-based services locally or awareness of nationally recognized models on school-based mental health in schools."

The second, a confidential memo to Mitsugi Nakashima, then-chairman of the Board of Education, offers a chronology of Golden's objections against Na Laukoa and the superintendent's subsequent signing of the contract.

LeMahieu said Thursday he had not read the filing, but added that all contracts are a matter of record.

The lawsuit was filed last year against LeMahieu and Assistant Superintendent Paula Yoshioka. Yoshii was removed from his tenured post in August and later reassigned to be a Felix compliance director, a position that would expire should funding run out.