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The Honolulu Advertiser
Posted on: Wednesday, October 24, 2007

Hawaii public safety nominee praised

 •  See the full list of Nominees

By Derrick DePledge
Advertiser Government Writer

Hawaii news photo - The Honolulu Advertiser

Clayton Frank

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Gov. Linda Lingle's nominee for director of the state Department of Public Safety received strong support yesterday from his colleagues at a state Senate confirmation hearing but had to answer questions about his role in a sexual-discrimination lawsuit that cost the state nearly $2 million.

Clayton Frank, who has been with the department for 26 years and was most recently the warden at Halawa Correctional Facility, was described as a leader who worked his way up through the ranks and who has been fair and equitable. His commitment to the department, some said, could help bring stability after a revolving door of directors over the past several years.

The United Public Workers and the Hawai'i Government Employees Association, which represent department employees, also recommended Frank's confirmation. Frank was nominated after the Senate rejected Iwalani White last session after eight months as interim director.

The department has been under federal scrutiny for its treatment of mentally ill prisoners at O'ahu Community Correctional Center and has been beset by program and infrastructure problems that have led to many prisoners being transferred to the Mainland.

"I see Clayton as a leader. He is willing to step up and take control," said Roy Yamamoto, the department's personnel officer.

Frank told senators his three main goals are to improve prisoner re-entry programs, find a permanent home for the law enforcement division, and maintain jail and prison facilities. He also said he wants to continue to update the department's policies and procedures, which have caused issues in some lawsuits.

"Hopefully, given this opportunity, I would like to lead this department and our employees, because we're all on the same ship, we're all on the same boat, heading in the same direction," Frank said of the department's goals.

While most of the testimony was in favor of Frank, Faith Evans, a former assistant deputy director at the department and state representative, opposed Frank's confirmation because of the sexual-discrimination lawsuit. Evans was one of four women at the department who sued the state, the department and several high-ranking department officials in the 1990s.

A jury substantiated some of the women's allegations and awarded them about $4 million. The state later settled the case for under $2 million.

Evans' complaint of discrimination was against another department official, not Frank, and the jury gave no verdict on her allegations. She said she was awarded about $200,000 in the settlement.

The jury, however, substantiated discrimination and retaliation complaints by another woman against Frank and another department official in its verdict awarding damages.

"I question Clayton Frank's judgment, honesty and trustworthiness," Evans told senators. "I do not believe in the more than 10 years since the incident that he has acknowledged any wrongdoing. He returned to his job and faced no disciplinary action, as did the others."

Frank acknowledged to senators that the lawsuit was a "very serious blemish" on his record and said he deeply regretted the impact on the women involved, their families, his colleagues and the state.

State Sen. Will Espero, D-20th ('Ewa Beach, Waipahu), chairman of the Senate Public Safety Committee, said the committee would likely vote Monday on whether to recommend the confirmation. The committee's recommendation could influence how the Senate votes on the nominee.

Espero described Frank as a worthy candidate but said he was surprised the department did not have more training to prevent sexual discrimination or sexual harassment following the lawsuit. Espero said he would accept written testimony on Frank until Monday.

"My guess is right now it looks positive," Espero said of Frank's confirmation.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.