Ethics panel asked to
investigate prosecutor’s office

A filed complaint alleges
an improper private business

A written complaint has been filed with the Honolulu Ethics Commission asking that the city prosecutor's office be investigated for selling T-shirts, hats and other clothing emblazoned with the office's logo.

An anonymous complaint made to the commission May 26 says the items, with the seal of the prosecutor's office, are "sold to city employees as well as members of the public, including attorneys. The city's resources are used to facilitate sales including pickup and delivery as well as storage of merchandise within the prosecutor's office."

The complaint asks that Prosecutor Peter Carlisle and his executive assistant, Jean Patterson, 71, be investigated for running "a private business within the office of the prosecuting attorney."

Chuck Totto, commission executive director, said yesterday, "I have to do a preliminary investigation before I determine whether or not a notice of possible ethics violations would be appropriate to send to the parties: Carlisle and Patterson."

Jim Fulton, a spokesman for Carlisle's office, declined comment.

In recent months, Carlisle has said the operation was "a morale booster for the office."

The Star-Bulletin obtained a copy of the complaint and a copy of Totto's May 27 response.

The complainant says, "I wish my identity to remain protected for now because of the threat of retaliation."

Myles Breiner, an attorney representing Patterson, said, "We have an anonymous complaint and, therefore, a complaint that is worthless unless someone is willing to come forward."

Breiner said, "This is a complaint from someone who has a bone to pick with Jean Patterson or with Peter Carlisle -- I think an opponent of Peter Carlisle or someone else wants to politically embarrass him at the expense of Jean Patterson."

Breiner also said Patterson acted on Carlisle's instructions and approvals in finding vendors and ordering merchandise.

"It was part of her job, and all the money was put back into the office to pay for costs and things like Christmas trees and Christmas parties. No one profited from it."

Breiner said that in recent months, city budget officials told the prosecutor's office to shut down the operation and that all remaining merchandise was being sold at cost.

The written complaint said, "The operation of the business has always been in the hands of Jean Patterson but has been with the full knowledge and support of Peter Carlisle. He has encouraged the business and even personally wears some of the items that are sold."

Vikrum Watumull, executive vice president of Happy Shirts Inc., which manufactures the logo apparel for the office, said: "They're like any customer. They order things and we print them up. We deal directly with the office. No contracts, they just order. We deal with Jean Patterson and Jim Fulton. Typically, they order around Christmas."

Other city departments such as police, fire and lifeguards sell logo apparel in places such as the Honolulu City Store at Ala Moana. Unlike the prosecutor's operation, the City Store works under the guidelines of three-year city contracts that are voted on and approved by the City Council. The city also receives a percentage of the profits.

In February the Ethics Commission issued an opinion that Patterson violated city ethics laws forbidding nepotism and favoritism when she awarded no-bid contracts to family members and former Carlisle campaign workers to work part-time as process servers, serving legal papers for the prosecutor's office.