LIHU‘E — The Kaua‘i County Council has approved a harassment claim brought by a former victim witness counselor. Erin Wilson, who worked in the Office of the Prosecuting Attorney for four months until her position was eliminated on Nov. 23,
LIHU‘E — The Kaua‘i County Council has approved a harassment claim brought by a former victim witness counselor.
Erin Wilson, who worked in the Office of the Prosecuting Attorney for four months until her position was eliminated on Nov. 23, 2011, reached a settlement regarding her termination and allegations of a hostile work environment.
“The County confirms that an (Equal Employment Opportunity Commission) complaint filed by Ms. Erin Wilson against the Office of the Prosecuting Attorney was settled for $75,000,” said County of Kaua‘i spokesperson Beth Tokioka.
County Prosecuting Attorney Shaylene Iseri-Carvalho hired Wilson to fill a new, federally funded position in August 2011. The OPA received $190,000 in June 2011 to fund the position.
In her complaint to the Equal Employment Opportunity Commission, Wilson claims the OPA fabricated a justification for her layoff. She said the Hawai‘i Government Employee Association and Honolulu attorneys Margery Bronster and Andrew Pepper succeeded in representing her at an April 27 mediation settlement in Honolulu.
“The county could have resolved the issue though the HGEA and EEOC complaints,” she said. “This administration could have resolved these issues at much less cost than it ended up being had they just addressed the issues when they needed to be addressed instead of ignoring them.”
First Deputy County Prosecuting Attorney Jake Delaplane said Wilson does not allege in her EEOC complaint that Iseri-Carvalho fabricated a lack of work justification for her layoff. He said the OPA was within its rights to give a two-week notice to an employee still within the probationary period of employment.
“This allegation simply appears in her press release,” he said. “In fact, it was Wilson herself that informed OPA administration that she was only working 60 percent of the business day.
An OPA audit of the entire victim/witness caseload determined that there was not sufficient work to justify the continued existence of Wilson’s position, Delaplane added.
Complaint
Wilson’s complaint states that a male OPA employee played music in the office that contained sexually explicit lyrics. It said that discussions and poster illustrations on an office wall were offensive toward women, Caucasian, gay, lesbian, bisexual and transgender people.
Delaplane said the inappropriate “comics” were present in the workplace, but largely unnoticed in the clutter of a bulletin board. He said the comics predated the current administration and once management was made aware of them they were removed.
Wilson said a complaint about the appropriateness of the behavior in an office setting went unanswered. She said a second complaint resulted with a notice that her position was being eliminated on Nov. 23, 2011.
The reason was a reduction in workforce, but she said having just been hired after two trips to the island to interview and relocate for the position did not make sense. She said it felt retaliatory and that the two week notice was in violation of the 90 day notice policy.
Wilson filed her EEOC complaint on Jan. 4, 2012.
Delaplane said that a confidentiality agreement does not allow parties to discuss any of the terms of the investigation. He was also not aware of any monetary settlements regarding claims against the OPA.
“Despite our numerous requests, the County Attorney’s Office has failed to provide the OPA with any information regarding monetary settlements,” he said.
The settlement amount was mentioned publicly by Justin Kollar during the Chamber of Commerce county prosecutor candidate debate on Aug. 21. Delaplane said that was the first time the OPA heard the information.
“This abject failure of the County Attorney’s Office to communicate, consult and provide basic information to the OPA is simply another example of the politically-motivated actions of our County Attorney,” said Delaplane.
Kollar said the settlement illustrates the need for fresh leadership and change in the Prosecutor’s Office. He said the county cannot afford these settlements.
“The prosecutor, as an elected law enforcement official, a department head, and as an attorney, is in a special position of trust and responsibility, and must provide the kind of safe, positive work environment that allows talented employees to thrive and succeed,” Kollar said.
The solution is leadership, morale, mentoring and retention of skilled attorneys and staff, he said.
A dream come true
Coming to Kaua‘i was a dream come true, Wilson said. She had prior experience in the victim witness field and it was what she wanted to do for the rest of her career.
Thrilled to be offered the position, Wilson came to the island twice to interview and relocate.
“I couldn’t have been more excited to be offered that job,” she said.
It turned out to be the most difficult four months of her life, she said. She didn’t understand why the cases were distributed so slowly and didn’t seem to have a clearly defined supervisor.
She claims her case load increased but that work loads were not directed according to experience and years of service. She said being told her position was being eliminated after four months when there was demand is not reasonable.
“They decided they didn’t need the position and it just didn’t make sense,” she said.
After her job was eliminated Wilson and her 6-year-old son returned to Colorado and moved in with her mother. She said the loss of income resulted in filing for unemployment, and she lost a relationship with a man who remained on Kaua‘i.
Wilson said she resented the description of her as a jilted former employee in the media. She didn’t create hardship for the county, she added, and it would have been less expensive to the county to keep her on the payroll and she would still be helping victims of crimes.
“I am still dealing with the repercussions,” she said.
After finding part-time work in domestic violence victim advocacy, Wilson said she is now hopeful about relocating to a permanent position that is similar to her Kaua‘i job.
Complaint
Delaplane said Wilson’s press release contained inaccuracies and lies.
The EEOC complaint made no allegation against Prosecuting Attorney Shaylene Iseri-Carvalho, he said. It focused wholly on what she refers to as “Asian and Pacific Islander employees” of the OPA that were around her workstation.
It is important to note that the accused employee is primarily of Caucasian descent, he added.
“She never complained of racial or sexual discrimination nor informed any member of OPA administration that any discrimination occurred while she was employed at the OPA,” Delaplane said. “These allegations surfaced only in her EEOC complaint.”
Delaplane said the timing of the media release is suspect, given that Wilson claims the settlement occurred over two months ago.
“The decision to settle this EEOC complaint, if a settlement was made, was a decision made unilaterally by the County Attorney’s Office, without consultation or communication with the OPA as to the terms of settlement,” he said.
County Attorney Al Castillo, in an Oct. 2, 2010 interview with The Garden Island, stated that he believes it is sometimes better to settle a case when compared to the potential cost of fighting it in court.
“We believe that’s exactly what has happened here,” Delaplane said. “Even though there was not sufficient evidence to substantiate Wilson’s claims of racial and sexual discrimination against other employees of the OPA, the County made the decision to settle the claim rather take it to court.”
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.
