A former Hawaii County Council chairman’s lawsuit against the county has been settled.
Dominic Yagong filed the suit in 2022 seeking reimbursement of almost $306,000 in legal fees he said he incurred successfully defending himself against a defamation lawsuit.
The Corporation Counsel, the county’s civil lawyers, last month filed a stipulation for dismissal with prejudice of all claims and parties.
“The parties to this stipulation have agreed to a settlement of all claims and causes of action by and between the parties hereto, and each party shall bear its own legal fees and costs,” the document reads. “There are no remaining claims or parties, as all claims and parties are dismissed.”
Dismissal with prejudice means that neither party can refile the claim litigated in this case.
“I’m happy that this is no longer an issue that I need to deal with on a daily basis,” Yagong said Monday. “For me, personally, I just want to close the page on this chapter of my life. It took a lot of time, and I’m just happy that I can move on.”
Terms of the settlement were not disclosed in the stipulation, nor do they appear to be in any other publicly available document.
Yagong — who had sought reimbursement for his legal fees in his lawsuit against the countyas well as for the defamation lawsuit — declined to disclose the settlement terms to the Tribune-Herald.
The Tribune-Herald also reached out to Assistant Corporation Council J Yoshimoto and Yagong’s attorney, Frank Jung, but neither replied in time for this story.
Yagong’s lawsuit stemmed from a 2012 civil suit by two county employees — then-elections administrator Patricia Nakamoto and former elections clerk Shyla Ayau — who claimed they were defamed by Yagong, then the council chairman, and Jamae Kawauchi, then the county clerk.
At issue was a Jan. 12, 2012, newspaper article, written by then-Tribune-Herald reporter Jason Armstrong, in which Kawauchi identified Nakamoto, Ayau and two other county employees who were fired. The case was appealed to the Hawaii Supreme Court, which dismissed the case against Kawauchi, saying the comments attributed to her in the article weren’t defamatory because they were true.
The county settled in 2022 with Nakamoto and Ayau and agreed to pay them $135,000, to be divided between the two as they deemed fit.
That settlement agreement covered only the county and Yagong in his official capacity on the council. A separate stipulation for dismissal of the case against Yagong in his personal capacity was filed by the Circuit Court, also in 2022.
Yagong and Kawauchi were investigating reports that county employees were hosting parties with alcoholic beverages at the county’s leased Elections Division warehouse, in violation of the county code.
Their probe also included reports that the warehouse manager, Glen Shikuma, was illegally running a private sign-making business in the warehouse.
Investigators found evidence of full, empty and partially consumed liquor containers, as well as sign-making equipment Shikuma said he stored at the warehouse but claimed not to use on county property.
After union grievance hearings, Nakamoto received a 10-day suspension and was reinstated.
Shikuma died of an aneurysm during the union arbitration process.
Yagong’s lawsuit noted the Office of Corporation Counsel defended Kawauchi and him only in their official county capacities, meaning they had to hire their own attorneys to represent them in their personal capacities.
Yagong’s complaint stated Hawaii Revised Statutes required the county to reimburse him because “there is no finding of guilt, wrongdoing or liability” on his part.
The litigation further stated that the county’s “wrongful refusal … to reimburse Yagong … has resulted in his financial devastation.”
“There was a personal toll,” Yagong said. “But you just persevere and have faith in God that things will work out OK.”
The 64-year-old Yagong, who served a dozen years on the council representing Hamakua, remains a familiar face in Honokaa, where he is the public address voice for the Honokaa High School Dragons home sporting events. He also is chairing a committee organizing the 135th anniversary of the Honokaa school, as he did for its 130th anniversary and the school’s centennial.
Yagong said the ordeal that sparked both rounds of litigation hasn’t soured him on public service or politics.
“I still encourage people to go into public service and to get involved in the political process, because it’s the best place to be in order to help people in the community,” he said.
“To put things into perspective, I really had a wonderful time on the County Council. It was great for 11 years. It’s just that last year that was really tumultuous. I do think that people look at things that elected officials go through and are discouraged from being a part of that world.
“And there is a reason to be concerned, but the positives you can make out of service are so unbelievable and so gratifying.”
Email John Burnett at jburnett@hawaiitribune-herald.com.
