LIHU‘E — A Kekaha man is taking his employer, Ocean Safety Bureau, to court for what he says is retaliation for his testimony to the County Ethics Board. Myles Y. Emura filed a civil suit Thursday in 5th Circuit Court,
LIHU‘E — A Kekaha man is taking his employer, Ocean Safety Bureau, to court for what he says is retaliation for his testimony to the County Ethics Board.
Myles Y. Emura filed a civil suit Thursday in 5th Circuit Court, alleging charges of retaliation, violating public policy and infringement of free speech.
A Water Safety Bureau lifeguard of 28 years, Emura’s complaint states that his employment was effected by decisions of his supervisors, County of Kaua‘i and the Ocean Safety Bureau division of the Kaua‘i Fire Department. He also names Fire Chief Robert Westerman as a defendant.
Honolulu attorney Roman Amaguin said Emura first requested assistance from his union and employer regarding the issue, and was not comfortable with the response.
He left his job in May, using vacation time, medical leave and other benefits until the situation is resolved.
“Myles is in the precarious position of accusing two immediate supervisors of retaliating against him,” Amaguin said. “Unless you have been in that situation, it is hard to rationalize how someone would feel, especially when that work place depends so much on teamwork.”
As Emura is reaching retirement age, even with this matter resolved, Amaguin said it is unlikely that he could step back into his job. He was completely cut off from the people in an occupation where they must depend on each another, and it would be difficult to recover from that, he added.
“It’s a job he loves,” Amaguin said. “He knows and he loves the ocean.”
Emura testified before the County Ethics Board in March, after a co-worker filed a complaint regarding two supervisors, and he responded truthfully to questions under oath, Amaguin said.
He testified that the supervisors were involved in a private business related to their official duties and suffered retaliation.
Emura testified that two supervisors operated a business that conflicts with their official duties. He also said they were observed taking county fuel for equipment used for their privately-owned business.
Following his requested testimony to the Ethics Board, the suit states that Emura claims that he was subjected to a hostile work environment. The complaint said he faced unwarranted reprimands, humiliation, harassment and threats.
It said he stopped receiving overtime and sent on two urinalysis drug tests without adequate explanation.
“Myles answered truthfully the questions of the Ethics Board,” Amaguin said. “He believed there was a conflict of interest problem with two supervisors and he came back to retaliatory acts, at which point he could not longer work in that environment.”
After filing a complaint with the Personnel Department claiming retaliation on April 10, Emura said that the subject of the ethics complaint was ordered to conduct an internal investigation for the Fire Department.
He was removed after Emura complained and an investigation concluded on May 23.
The complaint notes that Emura was unable to sustain all aspects of the complaint, but would take appropriate action and training to “avoid impressions, prejudice or retaliation in the future.” He filed for reconsideration of the investigation to present evidence, including photographs, signed testimonies and records.
Kaua‘i County communications said that the county could not comment on pending litigation.
