LIHUE — A second water safety officer has filed a suit against the county and Kauai Fire Department for retaliation. The plaintiff, Carl Ragasa Jr., is with the Ocean Safety Bureau. He filed his complaint in U.S. District Court for the
LIHUE — A second water safety officer has filed a suit against the county and Kauai Fire Department for retaliation.
The plaintiff, Carl Ragasa Jr., is with the Ocean Safety Bureau. He filed his complaint in U.S. District Court for the District of Hawaii on July 7. He is represented by the Honolulu firm of Agsalda and Fukui.
The defendants include County of Kauai, Fire Chief Robert Westerman, Ocean Safety Director Kalani Vierra, Water Safety Officer Supervisor Norman Hunter. They are charged with retaliation and conspiracy, violating the Hawaii Whistleblower Protection Act, and intentional infliction of emotional distress.
The complaint dates back to 2010. Ragasa reported to a supervisor that he observed a KFD employee stealing gas from the county to use in a side business with Vierra. The employee in question was transferred to another station and was not disciplined, the complaint alleges.
Ragasa’s attorney, Tracy Fukui, said that in addition to the Whistleblower Act, county employees are entitled to protections against retaliation at the work place for speech involving matters of public concern under the First Amendment. She said Hawaii provides similar protections, but federal law provides clear remedies through civil action for such constitutional violations.
“Additionally, as indicated in the complaint, the evidence supports that there is a pattern of practice of such First Amendment violations within KFD,” Fukui said. “Federal law provides that a municipality may be held directly liable for ‘pattern or practice’ violations.”
In early 2012, Ragasa reported to a supervisor that a KFD employee was using illegal drugs while on duty, and again, the employee was transferred to another station, the complaint alleges. Shortly thereafter Ragasa raised the gas theft issue to Vierra, while reporting that a supervisor was advising lifeguards to falsify time sheets related to training hours.
Ragasa alleges that from that time forward the defendants engaged in retaliatory harassment. The complaint said this included false accusations of misconduct and disciplinary proceedings, which resulted in an investigation while he was placed on leave without pay.
The complaint said Ragasa continued to receive the retaliatory harassment until the present day. Multiple suspensions and leaves without pay have caused a financial burden on his family.
Ragasa is the second water safety officer to file a complaint about retaliation for reporting violations to superiors.
KFD Water Safety Officer Myles Emura filed his case in 5th Circuit Court in 2012. Emura named his two supervisors, Kalani Vierra, Gerald Hurd and Westerman
The last court hearing was Nov. 14, 2012, for defendant’s motion to dismiss. Emura accepted $15,801.40 of his claim for Hawaii Workers’ Compensation for back pay, vacation and sick pay. The judge denied the county’s motion to claim that this “exclusive remedy” satisfied the complaint. The case is moving forward with Emura’s civil rights complaint that decisions of supervisors created a hostile environment and forced him to take medical leave.
Emura is represented by Honolulu attorney Roman Amaguin. The complaint stems back to Emura’s order to appear before the County Ethics Board after a co-worker filed a complaint regarding the two supervisors. Emura testified that supervisors ran a private business that conflicted with their official duties and were observed using county fuel and equipment for the business. He also claims that unwarranted reprimands, humiliation, harassment and threats followed.
There are no hearings scheduled in the case.
In May 2013, Kauai firefighter Bruce Chapin, represented by Kauai attorney Richard Wilson, filed a lawsuit against KFD and Capt. Kurt Leong in 5th Circuit Court. The suit alleges discriminatory compensation claims.
Chapin was a firefighter since 1989 at the Hanalei station. A Caucasian, Chapin alleges that from 2007 through May 20, 2011, he was subjected to unequal compensation terms, conditions, or privileges of employment because of his race. He also claims retaliation from his opposition to what he called discriminatory practices.
The complaint alleges negligent supervision for failing to properly supervise employees, and negligent training to prevent violation of state anti-discrimination laws, and failing to investigate, remedy and prevent discrimination. Chapin filed a motion to settle that will be heard on Aug. 12.
The county did not respond by press time Monday to a TGI request for comment on Ragasa’s allegations.
