Hawai'i Council rejects settlement in police case

By Hugh Clark
Advertiser Big Island Bureau

HILO, Hawai'i — The Hawai'i County Council voted 6-3 in a closed session to reject a proposed settlement on the longstanding Big Island police promotion rigging case.

In December 1999, 19 officers won a $4.2 million judgment against Hawai'i County, retired Chief Wayne Carvalho and retired deputy chief Francis De Morales for allegedly fixing promotions from the mid-1980s through 1994.

The county appealed the case, which is now before the Hawai'i Supreme Court. A decision isn't expected until next year. The county's legal costs were about $3.2 million at last count.

The council's divided vote Wednesday was considered unusual. In the minority, Democratic chairman Jimmy Arakaki joined frequent police critic Julie Jacobson, a Green Party member, and Gary Safarik, a former Honolulu policeman and a Democrat.

The others voted against two settlement proposals — one supported by David Minken, a Honolulu attorney hired to represent the county, and Lincoln Ashida, the Big Island corporation counsel since December.

Neither side would disclose figures.

Councilwoman Bobby Jean Leithead, a Democrat who voted against the proposal, said the proposed settlements would have been "substantially less" than the $4.6 million jury award, which was reduced to $4.2 million during post-trial hearings.

In a related vote, the council approved further legal fees and undisclosed further legal costs for the defense of the county and the two defendants.