The Honolulu Badge Bureau met Wednesday to accede the acceding of badge arch Louis Kealoha’s retirement.
Kealoha, who has not been answerable with any crime, agreed to retire afterwards accepting a letter from federal authorities, advertence that he is the ambition of a bent investigation. His five-year appellation isn’t up until 2019.
After affair for several hours in controlling session, the bureau appear the acceding of his retirement. You can appearance it in its absoluteness actuality or in argument anatomy at the basal of this post.
Kealoha’s retirement is able March 1, which follows a 30-day retirement processing period. He will be on leave with pay until that date. Thereafter, he will acquire his accustomed alimony and allowances as any added burghal retiree.
He will additionally acquire a $250,000 lump-sum severance payment, which break bottomward to $190,000 for the acquittal and $60,000 for fees, costs and expenses, taxes and deductions, as appropriate by law. Kealoha gets the money aural 15 canicule of aback the affidavit were signed.
However, if he is begin accusable of a abomination crime, Kealoha charge pay the administration aback the $250,000 aural 60 days.
“(The chief) has said about that he has done annihilation wrong. To aback that up, we asked him to acknowledgment the money if he is bedevilled of a felony, and he agreed to do so because he believes he has done annihilation wrong,” said badge bureau armchair Max Sword.
Commissioners say the $250,000 acquittal is beneath than bisected of what Kealoha would acquire becoming had he accomplished his term, or $500,500 through Nov. 27, 2019.
Five of the six commissioners present — Eddie Flores was absent Wednesday — agreed to the acceding of Kealoha’s retirement agreement. Commissioner Loretta Sheehan did not.
“I voted adjoin the acceding because I acquire it’s expensive, unnecessary, and actual adequate undeserved,” she said.
Sheehan adopted a audition that would appraise issues aloft over Kealoha’s administration abilities.
“I absolutely acquire why my adolescent commissioners voted. My way would acquire been a harder way,” Sheehan said.
“We all had our opinions in how it should go. Again, it took so connected and I apologize, but we had to thoroughly altercate amidst ourselves and that’s what we came to,” said Sword.
Sword stressed the assurance of the badge administration affairs in adjustment for the men and women in dejected to finer assure the public. It was a bureau aback bed-making out the chief’s retirement agreement.
“The administration has been beneath a aphotic billow for the aftermost two years with all this federal investigation. We acquire the badge administration needs to move on to move out from beneath the cloud,” Sword said.
We’re told Kealoha was not present, but his attorney, Kevin Sumida, was there to assurance the affidavit and accomplish it official. As allotment of the agreement, Kealoha has seven canicule to change his mind.
At the alpha of the meeting, Tenari Maafala, arch of SHOPO, the badge admiral union, testified afore the commission.
“I aggregate my affection with (Chief Kealoha) and let him apperceive for egocentric affidavit I absolutely abhorrence to see him leave, but i additionally account his accommodation and accomplishing the best atonement affair for himself, for his family, and afresh for the administration as a whole,” Maafala said. “Please blow assure I’m actuality to animate anniversary and every one of us, aboriginal and foremost from a animal standpoint if you will, aback addition is down, our adolescent man, we should never footfall on them. The alone time we should be attractive bottomward on our adolescent man is aback we’re acrimonious them up and allowance them alternating the way.
“Indicative of our badge officers, their resiliency and their charge to assure the bodies of Hawaii, I aloof appetite to assure the bodies of Hawaii that they are absolutely in adequate hands,” he said. “I’ve consistently said it before. I’ll say it afresh afore my adolescent colleagues, and with all due respect, there is no man or woman that is greater than what the Honolulu Badge Administration represents.”
Maafala said afterwards the acceding was released: “I account the accommodation of the badge commissioners and acutely the hours spent abaft bankrupt doors in extensive this settlement. I’m abiding they put out their affection and body abaft it.”
While they did not assert in person, several bodies submitted accounting affidavit to the commission.
Marjorie Morgan formed as a cadre abettor in the Animal Resources Division afore she retired in 2011.
“Under (Kealoha’s) leadership, so abounding abundant and acute baronial HPD admiral larboard agilely because there was no achievement of actuality answer or heard. He alone answer ‘yes’ men who had no anticipation into the approaching of the HPD,” she wrote. “As a aloft HPD agent and a taxpayer, I am argumentation with the Badge Bureau not to settle.”
Sen. Will Espero wrote that “the Badge Bureau has been bashful on this bulk for over 16 months and to act so apprenticed at this point in time does not assume to be in the best absorption of the Burghal and County of Honolulu.
Since the arch appears to be a ambition of this federal investigation, one would anticipate it is not in the best absorption of tax payers to accord the arch a account for the bearings he is in. Abounding bodies feel if he should retire, let him acquire his alimony which he becoming and no more.”
A federal admirable board is investigating claims of bribery at HPD over an declared mailbox annexation involving the chief’s wife, burghal agent prosecutor Katherine Kealoha.
As for what’s aing for the department, we’re told all options are actuality explored to acquisition a new chief, including attractive for candidates alfresco of the department.
RE: RETIREMENT FROM HONOLULU POLICE DEPARTMENT EMPLOYMENT
Dear Arch Kealoha:
This letter acceding (this “Agreement”) confirms your autonomous retirement from application with the Honolulu Badge Department, Burghal and County of Honolulu, by and through its Honolulu Badge Bureau (“Commission”). The Honolulu Badge Administration is declared “HPD”. You, the Commission, and HPD are sometimes collectively declared the “Parties.”
1. Retirement Date. Your aftermost day advertisement to assignment at HPD was December 20, 2016; however, pursuant to the letter anachronous January 5, 2017, to you from the Commission, you acquire been on leave with pay back that date. You will abide to be on leave with pay until your aftermost day of application with HPD on February 28, 2017 (the “Last Day of Employment”), and you will retire able as of March 1, 2017 (your “Retirement Date”).
2. Compensation. Your absolute and final compensation, payments and allowances from HPD shall be as follows:
(a) You will acquire acquittal in the agglomeration sum bulk of $250,000.00, $190,000.00 of which shall he a severance acquittal and $60,000.00 of which shall he for fees, costs and expenses, beneath applicative taxes and deductions as appropriate by law, payable to Louis M. Kealoha. Acquittal will be fabricated aural fifteen (15) canicule of the beheading of this Acceding by the Bureau and you. The acquittal declared in this branch constitutes application for the abandonment and absolution from you set alternating in Branch 6 of this Agreement. Your net agglomeration sum acquittal shall he delivered to the law offices of your attorney, Kevin Sumida, Esq.
3. Application Allowances to Which You Arc Already Entitled.
(a) Your accumulation medical, dental, eyes and biologic allowance allowances will abide in aftereffect through the Aftermost Day of Employment. Thereafter, you may acquire medical, dental, eyes and biologic allowance allowances from the Hawaii Employer-Union Health Allowances Trust Fund (“EUTF”), as applicable. You additionally will be adequate to participate in connected advantage on a self-pay base beneath the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) for a aeon of up to 18 months if you acquire advantage beneath COBRA. You will be provided with affidavit all-important in adjustment to administer for such connected COBRA coverage.
(b) From and afterwards the day afterwards the Retirement Date, you will cease to actively participate in all added account affairs and programs accessible to HPD employees, except as provided in Branch 3(a) aloft and as contrarily provided by federal, state, and Burghal and County of Honolulu law, statutes, ordinances, and/or regulations.
(c) You will acquire pay for any and all accrued and bare vacation canicule accoutrement the aeon catastrophe on your Retirement Date, payable in accordance with the bulk practices of the Administration of Budget and Fiscal Service, Burghal and County of Honolulu.
(d) Accrued and bare ailing leave as of the Retirement Date may be acclimated to enhance your alimony account pursuant to law and the requirements of the Employees’ Retirement Arrangement of the Accompaniment of Hawaii (“ERS”). You acquire been brash to analyze of the ERS as to the account of this accessory to your alimony benefit.
(e) You represent and accreditation that you will not accomplish any affirmation for unemployment allowance benefits.
4. Added Considerations.
(a) if you become a affair to a accusation because of any declared acts or omissions that occurred during your application with HPD and the Bureau determines that such acts or omissions were aural the advance and ambit of your application with HPD and/or such acts or omissions were aural your official admiral and duties as the Arch of Badge and/or as a HPD badge officer, HPD shall defend, indemnify, and authority you controllable adjoin such lawsuit, except with account to any claims for castigating or admirable damages, claims provided for and/or arising from or out of this Agreement, or claims arising out of or apropos to the Totto Lawsuit.
(b) You will be adequate to admission HPD bounds to retrieve your claimed items, documents, and annal on a day and time mutually adequate amid you and HPD Acting Arch Cary Okimoto. Afterwards you acquire completed removing your claimed effects, you will assurance an accepting that you acquire removed all of your claimed items, documents, and annal from HPD to certificate your retrieval of such items. Amuse acquaintance Acting Arch Okimoto to accomplish arrange for you to retrieve your claimed items.
(c) Your abandonment shall be in “good standing,” and the Bureau and/or HPD shall not change the “good standing” resignation.
5. No Added Entitlements. Added than the advantage provided for in Branch 2. of this Agreement, you accede and accede that you acquire accustomed all entitlements due from HPD apropos to your application with HPD, including, but not apprenticed to, all accomplishment earned, ailing pay, vacation pay, account awards, and any paid and contributed claimed leave for which you were adequate and entitled, and that no added entitlements ate due to you added than as set alternating in this Agreement.
6. Abandonment and Absolution by You. In application of the payments set alternating in Branch 2 of this Agreement, you accede as follows:
(a) To the admeasurement adequate by law, you hereby accede to IRREVOCABI AND UNCONDITIONALLY RELEASE, WAIVE, FOREVER DISCHARGE, AND DEFEND AND INDEMNIFY HPD, THE COMMISSION, AND RELEASEES (as that appellation is authentic below) from and adjoin any and all agreements, promises, liabilities, claims, demands, grievances, injuries, controversies, covenants, debts, accounts, sums of money, actions, causes of action, suits, arbitrations, attorneys’ rem, costs, rights to any budgetary amercement or any added anatomy of claimed relief, and rights and entitlements of any affectionate whatsoever able of accurately actuality waived, in law or equity, whether accepted or unknown, asserted or unasserted (except as set alternating below), anchored or contingent, credible or concealed, which you, your spouse, heirs, executors, administrators, agents, representatives, breed or assigns (“Releasors”) anytime had, now acquire or afterlife can, shall or may acquire for, upon, or by acumen Abounding matter, cause, or affair whatsoever existing, aboriginal arising or occurring at any time on or above-mentioned to the date you assassinate this Agreement, including, afterwards limitation, any and all claims arising out of or apropos to your application with HPD and/or your retirement from HPD, and any and all arrangement claims, account claims, abomination claims, artifice claims, defamation, disparagement, or added claimed abrasion claims with account therein, as able-bodied as claims beneath any federal, accompaniment or borough bigotry or fair application practices law, statute or regulation, and claims for costs, costs and attorneys’ fees with account thereto. This includes a absolution to the fullest admeasurement adequate by law of all rights and claims beneath Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Ancestors and Medical Leave Act, the Pregnancy Bigotry Act of 1978, the Age Bigotry in Application Act of 1967 (“ADEA”), the Americans with Disabilities Act of 1990, the According Pay Act of 1963, the Older Workers Account Protection Act of 1990, the Sarbanes-Oxley Act of 2002, the Worker Adjustment and Retraining Notification Act of 1989, the Agent Retirement Income Aegis Act (“ERISA”) (including, but not apprenticed to, claims for aperture of fiduciary assignment beneath ERISA), the Hawaii Application Practices Law, flaw. Rev. Slat. Ch. 378, the Hawaii Civil Rights Act, flaw. Rev. Stat. Ch. 368, and the Workers’ Advantage Law, Haw. Rev. Stat. Ch. 386 (together with all Hawaii Administrative Rules promulgated beneath any of these Hawaii chapters), as able-bodied as any amendments to such laws, and all added applicative federal, accompaniment or bounded statutes, regulations, ordinances, built-in accoutrement or accepted law apropos employment, application discrimination, termination, retaliation, or according opportunity. All of the aloft referenced in this Branch 6(a) are collectively referred to as the “Claims.” Notwithstanding annihilation to the adverse herein, accurately afar advanced the ambit of this branch arc the claims that acquire been asserted as of January 12, 201 7 in the advancing accusation advantaged “Louis M Kealoha et al v. Charles W Totto et al.,” Civil No. 16-1-001166, Aboriginal Circuit Court, Accompaniment of Hawaii (the “Totto Lawsuit”).
(b) To the admeasurement adequate by law,11PD, the Commission, and Releasees hereby IRREVOCABLY AND UNCONDITIONALLY RELEASE, WAIVE AND FOREVER DISCHARGE you and your heirs, executors, administrators, breed or assigns from and adjoin any and all agreements, promises, liabilities, claims, demands, grievances, injuries, controversies, covenants, debts, accounts, sums of money, actions, causes of action, suits, arbitrations, attorneys’ fees, costs, rights to any budgetary amercement or any added anatomy of claimed relief, and rights and entitlements of any affectionate whatsoever able of accurately actuality waived, in law or equity, whether accepted or unknown, asserted or unasserted (except as set alternating below), anchored or contingent, credible or concealed, which HPD, the Commission, and Releasees anytime had, now acquire or afterlife can, shall or may acquire for, upon, or by acumen of any matter, cause, or affair whatsoever existing, aboriginal arising or occurring at any time on or above-mentioned to the date you assassinate this Agreement, with account to any and all claims arising out of or apropos to your application with HPD and/or your retirement from HPD, and any and all arrangement claims, account claims, abomination claims, artifice claims, defamation, disparagement, or added claimed abrasion claims with account thereto, and claims beneath any federal, accompaniment or borough bigotry or fair application practices law, statute or regulation, and claims for costs, costs and attorneys’ fees with account thereto. The aloft in this Branch does not administer to any agreements, promises, liabilities, claims, demands, grievances, injuries, controversies, covenants, debts, accounts, sums of money, actions, causes of action, suits, arbitrations, attorneys’ fees, costs, rights to any budgetary amercement or any added anatomy of claimed relief, and rights and entitlements of any affectionate that (1) arc provided for and/or appear from or out of this Agreement, (2) as bent by the Commission, appear from or are accompanying to acts or omissions that were not aural the advance and ambit of your application with ITPD and/or acts or omissions that were not aural your official admiral and duties as the Arch of Badge and/or as a HPD badge officer, or (3) appear out of or chronicle to the Totto) Lawsuit.
(c) For the purpose of implementing a abounding and complete absolution and acquittal of the Claims, you and the Bureau especially accede that this Acceding is advised to accommodate in its effect, afterwards limitation, all the Claims declared in the above-mentioned Branch 6(a) whether accepted or unknown, credible or concealed, and that this Acceding contemplates the afterlife of all such Claims, except as provided for in Branch 6(a).
(d) Notwithstanding the generality of the foregoing, annihilation herein constitutes a absolution or abandonment by you of: (i) any affirmation or appropriate you may acquire beneath COBRA; (ii) any affirmation or appropriate you may acquire beneath this Agreement; or (iii) any affirmation to vested allowances beneath the accounting acceding of any agent retirement arrangement or plan. Notwithstanding the generality of the foregoing, annihilation herein constitutes a absolution or abandonment by the Commission. HPD, or you of any affirmation or appropriate the Commission, HPD, or you may acquire beneath this Agreement.
(e) For purposes of this Agreement, the acceding “HPD, the Commission, and Releasees” and “HPD, the Commission, or Releasees”, accommodate HPD and the City, and their corresponding predecessors, successors, and assigns, past, present, and approaching Honolulu Badge Bureau members, HPD and the City’s corresponding representatives, employees, agents, and accordingly and individually, and this Acceding shall be bounden aloft and accustom to the account of, and be acknowledged by and against, all such entities and individuals and their breed and assigns. Such authentic terms, “HPD, the Commission, and Releasees” and “HPD, the Commission, or Releasees” shall not accommodate those parties accurately names as defendants in the Totto Accusation to the admeasurement of the claims asserted adjoin them, but in any accident shall accommodate HPD and the Commission.
7. No Admissions. Annihilation herein shall be accounted to aggregate an acceptance of atrocity by you, HPD, the Commission, or Releasees. Neither this Acceding nor any of its acceding shall be acclimated as an acceptance or alien as affirmation as to any affair of law or actuality in any proceeding, clothing or action, added than the activity to accomplish this Agreement.
8. Acquaintance of HPD’s Information. You hereby accede your absolute and continuing obligation to advance the acquaintance of HPD’s information.
9. Acknowledgment of HPD Property. By signing this Agreement, you assert that, to the best your ability and belief, you will return/have alternate to HPD all of its acreage issued to you, including but not apprenticed to keys, aegis admission cards or devices, acclaim cards, if any, identification cards, parking admission cards, if any, pagers, adaptable buzz devices, computers, computer software, accouterments and software user’s guides, apprenticeship booklets, and any and all aboriginal and alike copies of files, calendars, books, records, notes, notebooks, manuals, beam drives, computer disks, diskettes and any added alluring and added media materials, behindhand of who created them, you acquire in your ascendancy or beneath your control, acceptance to HPD or absolute arcane or proprietary advice apropos HPD. HPD will accommodate you an itemized cancellation for alternate equipment. Furthermore, should you or HPD discover, afterwards the date on which you acquire alternate to HPD all such property, that you aback acquire any of the acreage declared in this Paragraph, you accede to acknowledgment such acreage to HPD immediately. HPD will accommodate you an itemized cancellation for the HPD acreage and accessories you return. Amuse acquaintance Acting Arch Okimoto to agenda time for you to acknowledgment HPD appropriately and to retrieve your claimed items.
10. Restrictions Relative to Column Employment. You acquire and accede that you are appropriate to accede with all the restrictions set alternating beneath Sections 3-8.3 and 3-8.4(4)(3) of the Revised Ordinances or Burghal and County of Honolulu 1990, as amended.
11. Acknowledgment of this Agreement. The Bureau may accede this Acceding and its contents, as may be appropriate or adequate by law.
12. Acknowledgment Appropriate By Law. Annihilation in this Acceding shall prohibit or bind you, HPD, or the Commission, or our corresponding attorneys, from: (i) authoritative any acknowledgment of accordant and all-important advice or abstracts in any action, non-confidential investigation, or proceeding apropos to this Agreement, or as appropriate by law or acknowledged process; or (ii) participating, cooperating, or testifying in any action, non-confidential investigation, or proceeding with, or accouterment advice to, any authoritative bureau or aldermanic body; provided that, to the admeasurement adequate by law, aloft cancellation of any subpoena, cloister adjustment or added acknowledged action acute the acknowledgment of any such advice or documents, the advice affair gives alert accounting apprehension to the added affair so as to admittance such added affair to assure such party’s interests in acquaintance to the fullest admeasurement possible.
13. Amendments. This Acceding may alone be adapted by a accounting acceding active by both Parties.
14. Governing Law. This Acceding shall be accountable to and absolute by and interpreted in accordance with the laws of the Accompaniment of Hawaii afterwards attention to conflicts of law principles.
15. No Affair Accounted Drafter. The Parties accede that no affair to this Acceding shall be claimed or accounted to be the drafter of this Acceding should any altercation appear over its interpretation.
16. No Assignment. This Acceding shall be bounden aloft you and your executors, administrators, spouse, heirs, agents, acknowledged representatives, successors, and assigns, and aloft HPD and its Bureau members, successors, assigns, agents, and acknowledged representatives. This Acceding and its rights and obligations cannot be assigned by either party.
17. Repayment. Notwithstanding any added accouterment in this Acceding to the contrary, in the accident that, aural seven (7) years afterward beheading of the Agreement, you are bedevilled of, address accusable to, or address nolo contendere to any abomination beneath Accompaniment or Federal law, which confidence or address relates to or arises from or in affiliation with, your application with the HPD, or arises from an accident or contest that occurred during the time you were active with FWD, you charge accord to HPD the absolute bulk you accustomed beneath Branch 2(a) of this Acceding aural sixty (60) agenda canicule of the date on which such confidence is affirmed by the aftermost cloister of address and/or you acquire beat your rights to address such conviction.
18. Approval of Commission. This Acceding is accountable to the approval of the Bureau at a appropriately declared meeting. If and aback the Bureau approves this Agreement, the Bureau Chair, on account of the Commission, and you will assurance this Acceding in the amplitude provided below, whereupon this Acceding shall be able and bounden on the Parties, accountable to the Aishment Period, as set alternating below.
19. Absolute Agreement. The acceding independent in this Acceding aggregate the absolute acceding amid the Parties with account to the accountable bulk hereof and abandon all above-mentioned negotiations, representations or agreements whether accounting or oral, except that any agreements apropos acquaintance shall abide in abounding force and aftereffect in accordance with their terms.
20. Revocation. If this Acceding conforms to your compassionate and is adequate to you, amuse announce your acceding by signing and dating the Agreement, and abiding it to me aural twenty-one (21) canicule afterwards the date you acquire this Agreement. If you bear the accomplished Acceding to me above-mentioned to the cessation of the twenty-one (21) day aeon appropriate by the ADEA, you accreditation that you especially abandon your appropriate beneath the ADEA to accede the Acceding for twenty-one (21) days. You are adequate to abjure this Acceding at any time during the aeon of seven (7) agenda canicule afterward its beheading (the “Revocation Period”) by carrying to me a accounting apprehension of revocation. This Acceding will not be able or acknowledged unless and until the seven (7) agenda day Aishment Aeon has asleep afterwards you accepting acclimatized your appropriate of revocation. In the accident you abort to assassinate and acknowledgment this Acceding on a appropriate basis, this Acceding will be of no force or effect, and neither you nor HPD and/or the Bureau will acquire any rights or obligations hereunder.
21. Acknowledgment. This Acceding is a acknowledged document. You accede that you acquire consulted with an advocate above-mentioned to signing this Agreement. By signing this Agreement, you accede that you are competent, that you were afforded a reasonable aeon of at atomic twenty-one (21) canicule to analysis and accede this Acceding with your attorney, or you acquire advisedly and voluntarily called not to do so, that you acquire apprehend and acquire and acquire this Acceding as absolutely and assuredly resolving, waiving and absolution any and all rights and claims that you may acquire adjoin HPD, the Commission, and Releasers (as authentic above), including afterwards limitation any and all claims beneath the Age Bigotry in Application Act, as amended, that no promises, representations or inducements acquire been fabricated to you except as set alternating in this Acceding and that you acquire active this Acceding and absolution advisedly and voluntarily, intending to be accurately apprenticed by its terms.
If the acceding as set alternating aloft accurately accompaniment our agreement, including the separation, abandonment and release, attentive assurance beneath and acknowledgment this aboriginal Acceding to me by no afterwards than twenty-one (21) canicule afterwards your acquire this Agreement. I will assurance it and acknowledgment a archetype to you. We acknowledge your account to HPD, and we ambition you the best. Sincerely yours,
HONOLULU POLICE COMMISSION
MAX J. SWORD, CHAIR
BY SIGNING ABOVE, I. MAX SWORD, AFFIRM THAT THE TERMS AND CONDITIONS SET FORTH IN THIS LETTER AGREEMENT HAVE BEEN APPROVED BY THE HONOLULU POLICE COMMISSION OF TILE CITY AND COUNTY OF HONOLULU AT A DULY CALLED MEETING ON JANUARY 18, 2017.
I UNDERSTAND AND AGREE TO TILE TERMS AND CONDITIONS SET FORTH IN THIS LETTER AGREEMENT:
Louis M. Kealoha
Kevin Sumida, Advocate for Louis M. Kealoha
APPROVED AS TO FORM AND LEGALITY:
Duane W.H. Pang
Deputy Corporation Counsel
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