Lawsuit may pit
city against state

A Florida native sues after being
rejected for a job in Honolulu

Attorneys for the state and the City and County of Honolulu plan to meet next week with lawyers representing a Florida man challenging a law that requires applicants for most state and county jobs to be Hawaii residents at the time they apply.

The federal lawsuit could pit the city against the State of Hawaii.

It was filed on behalf of Kevin R. Walsh of Tallahassee, Fla., who said he was turned away from three city jobs this year because he is not a legal resident of Hawaii.

The lawsuit cites a case from the 1980s in which the state went to court to get the administration of then-Mayor Frank Fasi to enforce a provision of the law that requires at least one year of residence in Hawaii for appointees to department head positions.

The administration took the position that the residency requirement violated several provisions of both the federal and Hawaii constitutions, Walsh's lawsuit states.

Fasi had argued that the law hindered the selection of the best-qualified applicants for city jobs.

The Hawaii Supreme Court dismissed the case in 1986 without ruling on it, saying the issue was moot because by then the appointee, Transportation Services Director John Hirten, had fulfilled all residency requirements.

Walsh's lawsuit, which cites similar arguments, contends the residency requirements are unconstitutional and penalize nonresidents.

"All the arguments that they (city officials) made then apply with even more force here," said Lois Perrin, legal director for the American Civil Liberties Union of Hawaii, which is representing Walsh with Honolulu attorneys Anne Williams and Michael Livingston.

Regarding next week's meeting, Perrin said only that attorneys would "discuss the lawsuit and potential options." She did not elaborate.

City spokesman Bill Brennan said attorneys were scheduled to meet next week, but he was unsure what would be discussed. He said he could not comment further because the city has not yet been served with the lawsuit.

Attorney General Mark Bennett, another named defendant, also had not been served with the lawsuit as of yesterday and could not comment, his office said.

Walsh's lawsuit seeks to overturn the county's policy and the state law, which is the basis for similar hiring policies adopted by all four counties. The lawsuit also seeks monetary relief for Walsh and other nonresidents whose applications were rejected based solely on their residency status.