Waimanalo Health Center sued in firings
By Eloise Aguiar
Advertiser Windward O'ahu Writer
WAIMANALO — Two Waimanalo Health Center employees who were fired in March have filed a civil lawsuit against the clinic and Dr. Charman Akina, claiming that they were wrongfully terminated in violation of the state Whistleblower Protection Act.
Advertiser library photo • July 30, 2002
Akina was acting interim executive director at the time the two were fired. Akina has since retired and a new executive director was hired in April.
A civil lawsuit has been filed against the Waimanalo Health Center.
Filing the suit on Thursday were Laura Kamalani-Paikai, who was an administrative assistant at the clinic, and Christina Simmons, who was program director for the Special Nutrition Program for Women, Infants and Children (WIC), which operated out of the center.
The lawsuit claims that Kamalani-Paikai and Simmons were fired by Akina and the center in retaliation for their complaints about alleged illegal and improper conduct by former executive director Kawahine Kamakea-Ohelo, who was investigated by the center's board and fired in January.
Kamakea-Ohelo was never charged with any crime concerning the allegations. In April she and her ex-husband were indicted on unrelated theft charges for allegedly bilking the state welfare system out of more than $19,000.
The firing was a "crushing blow for Laura (Kamalani-Paikai)," said her attorney, David Simons. "She has five children. She lost her health insurance, her identity and her income."
Simmons has found work, but Kamalani-Paikai remains unemployed.
The women are seeking unspecified damages as well as back pay, front pay, attorney's fees and other benefits and costs.
The Whistleblower Protection Act encourages people to report illegal and improper activities by protecting individuals against retaliation.
Greig Gaspar, spokesman for the health center, said no one could comment on the complaint because the center's attorney hadn't had time to review the document.
At the time of their firing, the center said only that they were terminated for cause and because of privacy issues.
According to the lawsuit, the center fired Kamalani-Paikai for allegedly breaching confidentiality by giving Simmons the addresses of the center's board of directors. Simmons was fired for receiving that information.
But the lawsuit says the women got the information from public sources, and that the addresses were used to inform board members of alleged misconduct and illegal activities.
In actuality, the lawsuit claims, the two women were fired for providing information to the center's board, a state senator, the state Department of Health and the Federal Community Health Center liaison about Kamakea-Ohelo's activities.
According to the lawsuit, Kamalani-Paikai provided information that allegedly reveals Kamakea-Ohelo paid for personal expenses with state and federal money given to the health center, collaborated in welfare fraud, violated the Fair Labor and Standards Act and used discriminatory hiring and firing practices.
Simmons reported the center's alleged failure to pay overtime, paying some employees under the table because they were welfare recipients, using federal and state money improperly and supporting Democratic political campaigns in violation of federal law, the lawsuit says.
In March the health center said it would not renew the popular WIC program that served about 1,000 clients a month and Simmons protested. She was fired March 31. The center has since announced that it would continue the WIC program.
Negotiations to settle the lawsuit have failed, Simons said, adding that his clients probably wouldn't want to go back to the center because of the way the problems were handled.
Reach Eloise Aguiar at eaguiar@honoluluadvertiser.com or 234-5266.
