Question: On what basis is Katherine Kealoha still employed by the city prosecutor’s office? I know she is on unpaid leave, but given that she is under federal indictment, shouldn’t she have been fired? Do you really have to be convicted before you can be fired? Being indicted isn’t enough?
Answer: “Katherine Kealoha is on unpaid leave. She has not been found guilty of a crime so her employment has not been terminated. Firing a public employee merely because the employee is accused of a crime could subject taxpayers to liabilities,” said Brooks Baehr, a spokesman for Honolulu Prosecutor Keith Kaneshiro. “For additional information please refer to 78-2.8 of Hawaii Revised Statutes concerning public employees; termination. It states a public employee convicted of a felony shall be terminated from the employee’s position. It also says if the conviction is overturned, the employee shall receive back pay and be returned to their previous position or an equivalent position.”
The statute, which you can read at 808ne.ws/hrs7828 Opens in a new tab, goes on to say that the rehiring condition applies provided the person’s employment was not terminated “in accordance with any other provision of law.”
Lest there be any confusion, felony conviction is not the only reason a public employee can be fired. Moreover, Honolulu deputy city prosecutors such as Kealoha are at-will employees, Baehr confirmed, hired and fired at the discretion of the city prosecutor, their boss. Grounds for their termination are not restricted as for government employees covered by union contracts or civil service rules. That said, the law Baehr cited regarding reinstatement does apply to them as to other public employees.
Kealoha was formally placed on unpaid leave in October after being indicted on federal conspiracy, obstruction, fraud and identity theft charges; she had been on voluntary unpaid leave before that.
She does not accrue retirement benefits, sick leave or vacation days while on unpaid leave, Baehr said.
Kealoha and her husband, former Honolulu Police Chief Louis Kealoha, were charged in a corruption and abuse of power case that accuses them of ripping off financial institutions, family members and others to fund a lifestyle befitting a Honolulu power couple. They also are accused of framing one victim for theft and of conspiring with police officers then under Louis Kealoha’s command to do so.
Both Kealohas have pleaded not guilty. They are scheduled to stand trial in November.
Louis Kealoha retired as HPD chief on March 1, 2017, before he was indicted but after he was disclosed to be under federal investigation. If convicted of a felony within seven years of his retirement, he must repay his $250,000 severance, per the terms of his retirement pact. As explained, Katherine Kealoha retains her restricted employment status at Kaneshiro’s discretion.
Mahalo
I’d like to send a big mahalo to a woman who works at the courthouse. On July 18 I parked in the South Street garage while meeting with a friend in Kakaako, only to come back at 6 p.m. to find out it closes every day at 5 p.m. I was completely desperate and frantic (because I was supposed to be on my way to pick my dad up from work!), but then I saw a woman leaving out one of the exits. I flagged her down asking for help while she was in the middle of a phone call, and she let me get in her car and drove me to the other entrance, where I was able to get my car! Then she walked to the exit and used her access card to let me out, before letting herself out. She was so nice and I was beyond relieved. I cannot thank her enough! — L.M.
Write to Kokua Line at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.
