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The Honolulu Advertiser
Posted on: Friday, March 31, 2006

Judge dismisses lawsuit by PR firm

By Robbie Dingeman
Advertiser Staff Writer

Mayor Mufi Hannemann yesterday praised a Circuit Court judge's decision to dismiss a lawsuit brought by public relations company Communications Pacific Inc. that had accused city officials of violating state procurement law by directing a contractor to change a city transit project team at the last minute.

But CommPac President Kitty Lagareta said the decision by Circuit Court Judge Eden Elizabeth Hifo does not provide a definitive answer to her basic question and she is considering an appeal.

Lagareta's firm was listed as one of several subconsultants in the contract that the city awarded to Parsons Brinckerhoff Quade & Douglas Inc. The court ruled that CommPac's complaint failed to comply with the state procurement code.

According to a written transcript of her ruling, Hifo said she granted the motion to dismiss and said her decision sets the stage so "wiser and more collective minds than a single judge can actually give us the answer."

Hannemann took the decision as a victory. "We felt all along that the city acted completely aboveboard in its actions awarding its transit consultant contract, and now Judge Hifo has validated our position," he said in a written statement.

But Lagareta said the judge did not rule on whether the city acted properly in swapping subcontractors after the selection process was triggered.

"Nobody has said anybody did anything right or wrong at this point," Lagareta said. "I think it's a little early to claim victory."

Hannemann disagreed and said he's pleased that a cloud hanging over his administration was removed by the dismissal. "People are frankly growing tired of these political games," Hannemann said.

Lagareta said she looks forward to hearing the outcome of a federal investigation into these allegations. Last month, the FBI's Honolulu division interviewed at least one person and sought records in connection with a subcontract that was part of the larger, $9.7 million design deal for mass transit on O'ahu.

Separately, the inspector general's office of the U.S. Department of Transportation has opened a review into how the subcontract was awarded, according to a DOT spokesman in Washington.

Reach Robbie Dingeman at rdingeman@honoluluadvertiser.com.