Discrimination, retaliation lawsuit filed against KPD Chief Todd Raybuck

LIHU‘E — The Kaua‘i Police Department captain who alleged KPD Chief Todd Raybuck had broken policies against discrimination and created a hostile work environment based on race has filed a new lawsuit against the county, KPD, Police Commission and Raybuck.

Paul Applegate, who is of Japanese descent, alleges past and ongoing racial discrimination, retaliation, violation of the state’s Whistleblowers’ Protection Act, intentional inflection of emotional distress and negligent hiring and supervision within KPD.

The suit was filed in U.S. District Court in Honolulu Friday.

Due to pending litigation, Raybuck and KPD are unable to provide comment, a KPD spokesperson said Saturday morning. A county spokesperson said in an email Saturday that the county would also have no comment, also due to the pending litigation.

Applegate, a 21-year employee with KPD and current Investigative Services Bureau captain, made an internal complaint last September, which prompted a Police Commission investigation that found Raybuck guilty of violating discrimination ethics on two occasions.

In a November 2019 incident, Raybuck met with command staff and told a story about an Asian customer in a fast-food restaurant, making facial gestures and using an accent.

In a July 2020 incident, Raybuck made broad stereotypes about Japanese culture paired with squinting and bowing. These comments, according to the September 2020 complaint, were said during a meeting in which Raybuck was explaining why Applegate was not chosen for a promotion.

“He (Raybuck) then stated that the Western culture ‘tells it like it is,’ whereas the Japanese culture says ‘yes, yes, yes’ to your face even when they think the person’s idea is stupid,” the lawsuit filed Friday states. Raybuck, the suit alleges, had previously inquired about Applegate’s heritage.

“Plaintiff left the July 29, 2020 meeting believing that Chief Raybuck did not choose Plaintiff for the A/C (Assistant Chief) position because he was part-Japanese, and he did not like or trust Japanese people,” the lawsuit continues.

The lawsuit cites Applegate’s involvement and cooperation in the report of a female KPD employee’s complaint of sex discrimination, harassment and hostile work environment against Raybuck.

“The investigator acknowledged Plaintiff’s facts and indicated that Chief Raybuck’s conduct constituted discrimination and created a hostile work environment,” the lawsuit reads.

A county Department of Human Resource investigation concluded that favoritism and non-selection for promotion in retaliation were not corroborated.

At the end of April, Raybuck faced a five-day, unpaid suspension, and was required to take Equal Employment Opportunity and cultural-sensitivity training, according to a KPD statement at the time.

“I value and appreciate diversity in the workplace and within the community,” Raybuck said in a statement then. “I accept responsibility for my comments and will continue to use this experience to expand my cultural awareness and increase my knowledge and understanding of different cultures.”

However, the lawsuit alleges hostility continued.

“After returning from leave, Chief Raybuck continued to discriminate against Plaintiff by deviating from policy and past practices with regard to transferring others within the department,” the lawsuit reads.

In one June 2021 instance, the lawsuit alleges that Raybuck denied Applegate’s request for a detective to be transferred to his department, “when this had not been done to other similarly situated requests.” Other instances include denying other temporary assignments.

The Hawai‘i Civil Rights Commission and Equal Employment Opportunities Commission gave Applegate the right to sue on July 28, according to public records.

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Sabrina Bodon, editor, can be reached at 245-0441 or sbodon@thegardenisland.com.