Job transfer may
turn into lawsuit

Federal judge weighs case
against schools superintendent

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By Crystal Kua
Star-Bulletin

A federal court judge said he will decide within the next three weeks whether state Schools Superintendent Paul LeMahieu's decision to transfer his former personnel director out of that position should go to trial.

Albert Yoshii is suing LeMahieu and Assistant Superintendent Paula Yoshioka, alleging that he was removed from his job after he objected to LeMahieu's use of expanded powers to improve special education services under the Felix consent decree.

Yoshioka was Yoshii's supervisor at the time of the transfer.

LeMahieu's powers, given to him by U.S. District Judge David Ezra, allow him to override personnel policies and procedures, civil service regulations and other state rules, regulations and procedures that may obstruct or delay the state's compliance efforts in the consent decree.

Ezra is also presiding over Yoshii's lawsuit.

Yoshii worked for the department for more than 30 years, 13 as personnel director. He was removed from his tenured position to become the Felix compliance director, a position he said would be canceled if funding ran out.

Yoshioka had said that Yoshii's transfer was also done under the special powers.

Yoshii said his First Amendment rights were violated because his transfer occurred after he criticized LeMahieu's use of his special powers in personnel and other decisions.

State Deputy Attorney General Madeleine Austin argued that the lawsuit should be dismissed because LeMahieu and Yoshioka are protected under "qualified immunity" given government officials who lawfully carried out their duties. "This is an ice-cold case."

Austin said that Yoshii wasn't doing his job and is now making a "federal case" out of being transferred.

Ezra also said that a person who doesn't follow through with obligations mandated by an employer while criticizing those mandates, can't turn around and blame free speech for action taken against him.

But he said he needs to find out whether Yoshii falls under that scenario.

Yoshii's attorney Clayton Ikei, however, argued that Yoshii was doing his job and the retaliation against him was the result of his client's criticisms.