$290,000 settlement is approved in suit by Kauai councilmember

The Kauai County Council agreed to a payout of $290,000 in a lawsuit filed by a councilmember claiming his civil rights were violated.

The Council voted 4-2 Friday to ratify the settlement in the 2012 lawsuit filed by Councilman Tim Bynum against former Prosecutor Shaylene Iseri-Carvalho, supervising planning inspector Sheila Miyake and the county.

The Council agreed to accept funds from its insurance company, Everest Insurance Co., for the settlement. Councilmembers Jay Furfaro, JoAnn Yukimura, Gary Hooser and Mason Chock voted in favor while Councilmembers Mel Rapozo and Ross Kagawa voted against. Bynum recused himself from the Council meeting.

All parties in the lawsuit are finalizing the agreement before they submit it to federal court. The defendants are ordered to pay Bynum by Tuesday.

The settlement document, which must still be signed, states the agreement "shall not be construed as an admission of liability on the part of any of the settling parties." It’s a compromise to avoid future controversy and expense.

The county already has spent about $700,000 to $750,000 in legal fees on the suit.

Bynum claimed in the suit that an illegal warrantless search of his home was conducted and that criminal charges over zoning violations against him stemmed from political retaliation and an attempt to block him from questioning the financial activities of the prosecutor’s office. Allegations made against Bynum claimed that he had an illegal second kitchen and that he was illegally renting out a section of his home.

He accused Iseri-Carvalho of waiting about a year after the zoning violation was issued, the next election-year cycle, to file criminal zoning charges against him. Iseri-Carvalho has said Bynum’s accusations are false.

Charges against Bynum were dismissed after a deputy attorney general found no zoning violations.

In response to the settlement, Bynum said in an email statement, "I filed a civil rights complaint in response to a series of inappropriate actions targeting me and my family taken by people abusing the power of their positions. This started in March of 2010 and continues. I am pleased that this matter has finally come to a conclusion. The public record that this case has generated speaks for itself."

Attorney Margery Bronster, who represented Bynum, said, "We’re really happy that this matter is finally coming to an end. We’re very pleased with the settlement. We believe Tim Bynum was wronged, and this helps compensate him."

Attorney Richard Naka­mura, lead special counsel for the county, could not be reached for comment. County spokes­woman Beth Toki­oka said the county administration also declined to comment.

Iseri-Carvalho described the settlement as a financial agreement between the insurance company and Bynum. "For me it wasn’t a settlement," she said, adding it was the insurance company’s decision to settle, not the county attorney. A trial should have been held on the matter, Iseri-Carvalho said, noting the public’s right to hear facts in the case has been forfeited.

Attorney Robert Katz, who represented Iseri-Carvalho, said, "The insurance company settled purely for financial reasons."

He added, "Our position has always been that Mrs. Iseri-Carvalho did not do anything that was unlawful or improper."