LIHU‘E — Two Kaua‘i residents who regularly attend County Council meetings have filed a formal complaint with the Board of Ethics against the county attorney. Glen Mickens and Ken Taylor filed the complaint on Oct. 31, claiming that County Attorney
LIHU‘E — Two Kaua‘i residents who regularly attend County Council meetings have filed a formal complaint with the Board of Ethics against the county attorney.
Glen Mickens and Ken Taylor filed the complaint on Oct. 31, claiming that County Attorney Alfred Castillo Jr. “secured a special benefit” in his official capacity as county attorney. The complaint accuses Castillo, who supports the candidacy of a deputy county attorney for the position of county prosecuting attorney, with failing to take appropriate measures when faced with a potential conflict of interest with his fiduciary duties to the Office of the Prosecuting Attorney.
The complaint claims that Castillo and his office have launched a series of timely attacks against OPA that have the appearance of seeking political advantage for Deputy County Attorney Justin Kollar in his bid to unseat County Prosecuting Attorney Shaylene Iseri-Carvalho.
In their complaint, Mickens and Taylor say this was a violation of Section 20.02 E of the County Charter. The provision states that the county attorney’s office is chief legal adviser and legal representative of all agencies.
“Both Glenn Mickens and I fully understand and respect that as a private citizen, our county attorney has the right to say what he believes and to vote for whomever he chooses,” Taylor said. “But Mr. Castillo is not acting in the capacity of a private citizen, but rather in his capacity as county attorney where his words and opinions may carry influential weight on the outcome of an election. In view of his stated position, he should refrain from using his official status to offer commentaries on the election or the candidates.”
County Director of Communications Beth Tokioka said that as a matter of procedure, the county does not release complaints received by the Board of Ethics, nor would county officials confirm or comment on the content of any alleged complaints.
“According to Hawai‘i Revised Statutes, the complaint proceedings of the Board of Ethics are confidential unless confidentiality is waived by the respondent,” Tokioka said. “So the county is unable to comment on any complaint the board may or may not have received on this matter.”
The complaint lists three occasions in which the appearance of a conflict of interest existed with the county attorney. Taylor said they have brought up the matter repeatedly at County Council meetings but were told that the matter should be dealt with by the Board of Ethics.
The first complaint is about Castillo issuing an unsolicited opinion on OPA’s diversion program called POHAKU.
The second concerns Castillo’s filing a complaint regarding the licensing status of a new OPA attorney who was a clerk at the time.
The final complaint alleges that the county attorney’s office violated Civil Service Commission rulings and hampered operations of the OPA by not allowing the preferred definition or job description of an OPA position.
The complaint also claims that the County Attorney’s Office settled EEOC claims against the OPA without proper investigation or discussion with the prosecuting attorney.
“Coincidentally, one of those claimants also donated $200 to Kollar’s campaign prior to the county settling her EEOC claim,” the complaint states. “Not only is this a waste of taxpayer money, but it is a blatant attack on the OPA to produce negative press against the office during a critical time for political candidates.”
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or by emailing tlaventure@thegardenisland.com.
