 Rodrigues role in contract making some officials wary
By David Waite
Advertiser Staff Writer
Although he was indicted by a federal grand jury on multiple embezzlement and money laundering charges this week, longtime Hawai‘i labor leader Gary Rodrigues may still be able to hold on to a seat on the powerful state Judicial Selection Commission.
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| The UPW yesterday issued a statement expressing support for Rodrigues.
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Commission Chairman David Fairbanks yesterday said the rules for the nine-member panel do not address Rodrigues’ case, but said he expects the members to discuss the situation before the commission starts screening candidates for the state bench or decides whether any judge should be retained for succeeding terms.
"I can’t ever recall this kind of situation having come up before," Fairbanks said.
It was unclear yesterday whether the state director of the United Public Workers would want to retain his union job while he contests the federal indictment returned on Wednesday. He could not be reached for comment yesterday.
But the UPW’s executive committee issued a statement supporting Rodrigues, and UPW attorney Robert Miller said the committee is in "full support" of Rodrigues continuing as its state director.
Rodrigues, 59, one of the state’s most powerful labor leaders as head of the 12,000-member union representing blue-collar state, city and county workers, was indicted on charges of mail fraud, embezzlement and money-laundering.
He and his daughter, Robin Haunani Rodrigues Sabatini, 36, who also was charged in the indictment with mail fraud and money laundering counts, are accused of defrauding union members of at least $200,000 by overcharging them for medical and dental benefits.
If convicted of the charges carrying the longest terms, Rodrigues could be sentenced to up to 20 years on each of the 19 money laundering counts lodged against him.
In addition, federal law bars someone convicted of embezzling union health benefit money from holding elective office in the union for 13 years from the date of conviction, or from the time a prison sentenced is completed, whichever is longer.
The Judicial Selection Commission, which was established by a 1978 state constitutional amendment, submits lists of up to six names to the governor and chief justice for appointments to the state bench from the District Court to the Supreme Court. The commissioners also decide whether judges and Supreme Court justices should serve succeeding terms. The panel’s proceedings are confidential.
Rodrigues’ appointment to the commission in 1997 by then-state Senate President Norman Mizuguchi outraged House Republicans, who demanded that Rodrigues end his political activities on behalf of the union.
Rodrigues’ face had become so familiar at the Legislature that at one point he was dubbed "the 26th state senator," largely because of his ability to influence legislation that might affect UPW members.
When he was sworn in on July 17, 1997, to a six-year term on the judicial commission, Rodrigues said he would refrain from voting on the reappointment of any judge or justice presiding over cases that involved the UPW.
Fairbanks yesterday said Rodrigues made good on that pledge.
"During the time he has served, he has been a model commissioner," Fairbanks said. "He recused himself whenever he thought there might be a conflict regarding a retention or appointment."
Fairbanks said he didn’t expect Rodrigues’ indictment to hinder the commission’s ability to fulfill its charge. There are no vacancies on the bench at present.
The panel, which conducts its business based on majority votes, will begin considering judge retentions "in the next several months," Fairbanks said.
He said he expects Rodrigues’ situation to be brought up for discussion before then.
"An indictment is not a conviction, and we have a presumption of innocence. I don’t know, at this point, how members feel about this or how he (Rodrigues) feels about it," Fairbanks said.
Meanwhile, seven members of the UPW’s Executive Committee said: "We remain confident that our state director and support staff are conducting union business in a proper manner. We support our state director and sincerely hope that these legal matters can be quickly resolved. As the U.S. attorney stated in his press release (regarding Rodrigues’ indictment,) ‘· an indictment is really an accusation, and that every defendant is presumed innocent unless and until proven guilty."
The committee said a recent independent audit of the union’s books for fiscal 2000 found that "all financial matters are in order." Likewise, an audit by the American Federation of State, County and Municipal Employees or AFSCME, the UPW’s parent union, found "no major discrepancies," the statement said.
"UPW health and benefit plans are not in jeopardy. No union dues, no union monies from UPW are involved or at risk," the statement said.
Miller noted that yesterday was "first crossover" day at the Legislature, a deadline for the House and the Senate to exchange bills.
"It is a very critical time period in the process in terms of major issues for the union such as pay, pay raises and the funding of those raises," Miller said.
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