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Ninth Circuit Court of Appeals

News | /2008/05/18/

By Rod Thompson rthompson@starbulletin.com HILO Hawaii County has filed an appeal of a federal judge's ruling that requires the county to pay more than $100,000 to a former county employee who alleged she was ...

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Facts

Honolulu, HI

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#1
May 18, 2008
 
Summary:
The court ruled that the country must pay the former employee.
Sick of Secrecy

Honolulu, HI

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#2
May 18, 2008
 
Why are the files of this case sealed? Is it a matter of national or local security? I'm sick and tired of public officials not believing that their public lives are part of the lifestyle that they chose to have. Open up the files and let us know what transpired. If it something for their good, they can't get to the presses fast enough. When it involves something of a negative nature, they claim privacy so the public doesn't need to know. You can't have it both ways. Someone needs to tell these officials that we the public expect them to set the example for the rest of us. Set an example for our children. Show us how to accept RESPONSIBILITY for our actions. You as an elected official are held to a higher standard. Act accordingly!
Hilo Boyz

Hilo, HI

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#3
May 18, 2008
 
Interesting case. What court, I went to the circuit courts, and couldn't even find this case. Someone told me that this court and judge is hired by something called eeoc? Interesting history of the eeoc, they should help plaintiffs in court, not set up their own judge and jury. Real interesting, someone should check into eeoc, and see how many times this eeoc supports plaintiffs, I think almost 90%. Personally I like a local court with local jury. Isn't that the way it suppose to be?
Mike

Honolulu, HI

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#4
May 18, 2008
 
Kind of a one sided article, well let's try and correct that. Higa and his good ol boys were found guilty already and it's too bad they themselves don't have to pay the money instead of the taxpayers, but oh well. The fools in Hilo who ever voted for Higa will hopefully never make that mistake again. Higa's a goon.
Windwardguy

Honolulu, HI

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#5
May 18, 2008
 
William L. Schmidt is a Federal Administrative Law Judge (ALJ); that's why Hilo Boyz couldn't find this case in the state Circuit Court system.

Judge Schmidt is one of the most experienced and respected judges in the Admininstrative Law system. He was appointed based on scores achieved in a comprehensive testing procedure, including a four-hour written examination and an oral examination before a panel that includes an Office of Personnel Management representative, an American Bar Association representative, and a sitting federal ALJ. Federal ALJs are the only merit-based judicial corps in the United States.

Judge Schmidt's decision was based upon evidence he saw and heard at a formal hearing. He is based in San Francisco and has no particular connections with Hawai`i or the Big Island. In my view, there's a high likelihood that his decision was fair and objective.
huh

Honolulu, HI

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#6
May 18, 2008
 
ha, didn't want to play hide the wiener huh.
Was up with this

Honolulu, HI

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#7
May 18, 2008
 
Why this case didn't go to court locally? Why was only the county named? Why did Chang ask for it to be sealed? What about Chang, I heard she made similar claims against other politicians and former bosses? What's up with that? Always got two sides to every story, and we deserve to hear both sides.
KTA Customer

Wahiawa, HI

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#8
May 18, 2008
 
Vote For Stacy Higa For Hawaii county Mayor.It's a Shame this might affect his run for mayor. The timing is wrong.If you want no super stores vote for Stacy Higa he is your man for the job.
Jojo

Honolulu, HI

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#10
May 18, 2008
 
I smell a rat and his name is Stacy Higa.

Vote for Billy Kenoi. At least he is truthful and honest about his childhood days and has matured into a political figure that will do the Big Island good. If you liked Mayor Harry Kim you will like Mr. Kenoi even more because he will take the island to another level and protect the island from the things that are bad and nuture the things that are good.

Kenoi for Mayor!
Marjorie

Honolulu, HI

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#11
May 18, 2008
 
KTA Customer should stop being so selfish. What's a matter with other stores coming in and competing a little with KTA, a store that has raked the Big Island for years?

What, Higa get special price at KTA or what?
Not for Kenoi

Hilo, HI

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#12
May 18, 2008
 
Jojo, Kenoi hasn't learned his lesson, he went lie about being arrested. In 2004, I was there when he went head butt one guy after he threw one chair at the guy's girlfriend. Right, he went really learn his lesson from his child hood days? Kenoi isn't an honest person, if he was, he would have told the truth. Someone told me he had a bad younger life, and I do commend him changing his life around, but he still got some work to do. For a head butting mayor, maybe he can get my vote.
2slaps

Hilo, HI

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#13
May 19, 2008
 
I think we'd spend more quality time getting Hawaii taxpayers active with the RateMyCop.com website, than watching trivia ie the workplace and wondering what went down.
2slaps

Hilo, HI

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#14
May 19, 2008
 
another thing. I'm all for making things right. Even though the newspapers often don't print the story accurately, at least there is checks and balances whent he soolry is public. thats why i call this case trivia. windward might be right, but you'll never know with the sealed records. its like throwing 6 billion at Pakistan. For what? Take it on Faith? Now at the lsat minute alot of peeps are jumpin ship? 6 billion $$$?$200K is loose change.... trivia.....
dumpnoco2

Corvallis, OR

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#15
May 19, 2008
 
Was up with this wrote:
Why this case didn't go to court locally? Why was only the county named? Why did Chang ask for it to be sealed? What about Chang, I heard she made similar claims against other politicians and former bosses? What's up with that? Always got two sides to every story, and we deserve to hear both sides.
If this case went to the local court you can be reassured the judgment would go the other way. The Hilo judicial system is so twisted you can't possibly get a fair and honest ruling. The Big Island have only a few honest judges and they're not located on the east side, either.
kalanicar

Brea, CA

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#16
May 19, 2008
 
Isn't this the third police charge someone filed against or related to him for harassment, while holding public office? If so it has to say something about the man.
localboy

Brea, CA

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#17
May 19, 2008
 
You gotta let people know about this. Why was he there in the first place when he was holding a public/political office position? Is this the kind of Mayor we want? Did he bring his wife and kids to Shooters that night (or should say early in the morning)?
Not for Kenoi wrote:
Jojo, Kenoi hasn't learned his lesson, he went lie about being arrested. In 2004, I was there when he went head butt one guy after he threw one chair at the guy's girlfriend. Right, he went really learn his lesson from his child hood days? Kenoi isn't an honest person, if he was, he would have told the truth. Someone told me he had a bad younger life, and I do commend him changing his life around, but he still got some work to do. For a head butting mayor, maybe he can get my vote.
Kahaluu-Kaneohe

Honolulu, HI

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#18
May 19, 2008
 
The judge ruled in Ms. Chang's favor because her attorney was able to prove her "case."

However, I see no reason for the county and its council to approve payment until and unless the "facts" are made public.

Ms. Chang and her attorney play "legalese." Why weren't the county employees "named" in the suit?
daReality

Hilo, HI

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#19
May 20, 2008
 
Right on Jojo....Higa smells like a rat.

Not for Kenoi....you trying to create a distraction - throwing mud on the wall hoping something will stick. Good try.

If you really were there - you would know the truth.

If someone was threatening me and physically getting in my face, I would head but the guy too. Kenoi was in the wrong place at the wrong time and was truthful about it.

Stop trying to bring someone else down cuz the horse you thought you were riding turned into a rat.

Kenoi fights for the those less fortunate....Higa takes advantage.

That is the difference.
kalanicar

Los Angeles, CA

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#20
May 20, 2008
 
I know Kenoi is popular, especially cause it looks like he has a 1,000 banners around Hilo/Puna district area. My main issue with Kenoi is does he have experience in making any laws, bills, etc. or bring into effect by legislation any laws? And this is critical to make things happen. Especially with the many critical issues facing the Big Island over the next decade. How much/fast Development will have, where to put Solid Waste, where to put Traffic/roads, Sustainable Energy/Gas, just to name a few. Big Island is the "LAST FRONTIER" in Hawaii and already big developers like Campbell Estate has given plenty money to Kenoi I read this at www.hawaiiislandjournal.com front page.

We need to know what the candidates experience is on the stands that they take on for issue. Not just talk about what they want to do, giving slippery answers to questions like "oh yah, we're going to do that". You know how politicians talk a good talk telling you what you want to hear then when in office.....aaaiiiaa. As Senator Clinton says “who is ready on day one”.

I like Pilago, took no development money, not paying any public relations people to do his campaign, super experienced in taking care of land resources and planned development. You gotta read his achievements at www.angelpilagomayor.org .

NOTICE:

Public Forums with all the candidates in Hilo and Keaau. Get involved!

WEDNESDAY - MAY 21, 2008
THE PALACE THEATRE IN DOWNTOWN HILO
6:00 PM TO 8:30 PM.

WEDNESDAY - MAY 28, 2008
KEAAU HIGH SCHOOL - CAFETERIA
TIME: 5:30 PM TO 9:30 PM.
Not for Kenoi

Hilo, HI

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#21
May 20, 2008
 
Da Reality, I was there, and I know the truth. He was trying to break up a fight right... huh, a fight he started by throwing the chair. I never said I was for Higa. I am just not for Kenoi. I know the truth, and I am waiting for Kenoi to start telling the truth. There are many people like me who know what happened, and I am still trying to figure out why justice hasn't been served. If I did what Kenoi did, I'd end up in court or jail. Kenoi got powerful friends in police/prosecutors/mayors office. Was he treated special? I know he was. FYI..I like Pilago, at least he's a man of peace. I know Kaleo real well, and people need to look not only at Higa, but Kenoi, and truthfully, Kenoi is way worse than Higa. Higa has political skeletons, Kenoi much darker legal and other skeletons. We need to be wise like the Puueo.
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