An indictment accusing Kauai County’s human resources manager of being involved in stealing gasoline was the result of an effort by the police chief and outgoing prosecutor to get back at Mayor Bernard Carvalho Jr., an attorney for the mayor said this week.

It’s an ulterior motive that goes back to disputes between the mayor and Police Chief Darryl Perry and Prosecutor Shaylene Iseri-Carvalho, said attorney Eric Seitz, who is representing Carvalho. Seitz also said

Iseri-Carvalho blames the mayor for her defeat by county deputy attorney Justin Kollar in the race for the prosecutor’s seat. 

A grand jury on Nov. 14 indicted Human Resources Manager Janine Rapozo on one count of second-degree theft and 22 counts of falsifying business records for allegedly aiding Carvalho in the theft of gasoline incurred on a county-issued gasoline card. The indictment alleged that she falsified records relating to the gasoline purchases that exceeded $300 but were less than $20,000 between February 2009 and November 2010.

Carvalho was not indicted.

Perry and Iseri-Carvalho could not be reached for comment.

Second-degree theft is a Class C felony that carries up to five years in prison and a fine of up to $10,000. Falsifying business records is considered a misdemeanor that is punishable by up to one year in prison and a fine of up to $2,000.

In a written statement sent via email, Managing Director Gary Heu said Rapozo will continue to carry out her duties, as officials at the county see no evidence of wrongdoing. “We have observed 18 years of exemplary service from Janine on behalf of the county and the people of Kauai, and we will support her 100 percent on this matter.”

Attorney Craig De Costa, who is representing Rapozo, said, “My client is not guilty.”

A hearing on a motion to dismiss the indictment is scheduled for Tuesday before Kauai Circuit Judge Randal Valenciano.

Rapozo has served as human resources manager since July. She previously served in other county positions that include risk management administrator for the Department of Finance and human resources administrator for Kauai Economic Opportunity.

Seitz said the allegations are baseless.

The gasoline theft allegations stemmed from an auditor’s report that pointed out concerns of unauthorized use of the county-issued gas card. Attorney David Minkin of McCorriston Mukai Mac-Kinnon LLP, who conducted an independent investigation upon request from the county auditor, could not be reached for comment.

The county had issued Carvalho a gasoline card for his private vehicle, which he used for county purposes. He was then reimbursed for expenses. Seitz said it’s a long-standing practice between Kauai mayors and the county. Seitz said the report indicated the gas card that was issued to the mayor was supposed to be linked to a county-owned van that wasn’t being used, triggering concerns of unauthorized use of the card.

In response to the county auditor’s concerns, state Attorney General David Louie had indicated in a letter that there was no basis or justification of criminal charges.

Seitz said he was flabbergasted when he heard of the indictment against Rapozo. The act of indicting her was absolutely absurd, he said. “Everybody is quite confident that this is going to go away.”