LIHUE — An appeal regarding an arbitration grievance over a police promotions process dating back to 2007 was sent back to 5th Circuit Court with a partial union victory.
The state Intermediate Court of Appeals on Oct. 16 affirmed in part and vacated in part a 5th Circuit order to confirm an arbitrator’s award, and denied in part the county’s motion to vacate the award.
The appeal was filed on Sept. 20, 2010, by State of Hawaii Organization of Police Officers (SHOPO), the union representing Bargaining Unit 12, on behalf of Officers Shelly Rodrigues, James Rodriguez and Shane Sokei. The three had objected to what they felt was a promotional interview process that was not consistent with department or union policy in 2007.
SHOPO President Tenari Maafala, who is also a full-time Honolulu police officer, said the appeal was about protecting officer contracts and rights to arbitration. The union is pleased with the ICM decision, he said, as it will preserve contracts and the arbitration process.
“We are happy about it, but we’re not going to really enjoy it until the final decision has been rendered,” Maafala said. “The next course of action lies in hands of the county, chief (Darryl) Perry and the mayor.”
Acting Captain James Rodriguez, Detective and Officer Shelly Rodrigues were still serving with KPD in 2014, according to training reports submitted to the Police Commission.
“We are still conferring with the County Attorney’s Office with respect to our options of appealing the ICA decision to the Hawaii Supreme Court, because this ruling has far-reaching implications that negatively impact management’s rights not only in the County of Kauai, but throughout the State of Hawaii,” said Kauai Chief of Police Darryl Perry.