SHOPO seeks to dismiss suit by ousted board member

An attorney representing the State of Hawaii Organization of Police Officers and its 11-member board asked a state judge Friday to dismiss a civil suit alleging they conspired to remove a former vice president by falsely accusing him of double-dipping into travel funds and blackmailing him with the threat of criminal charges.

In a motion to dismiss filed by Honolulu-based Dentons US LLP attorney Paul Alston, he writes that the claims made in a civil complaint filed May 31 by HPD Sgt. David Leonard “Ka­wika” Hallums “are deficient for multiple reasons.”

The allegations “must be dismissed because every claim he asserts is grounded, in part, on alleged fraud, misrepresentation, and deceit.” Hallums “fails to satisfy the stringent pleading standard” required by Hawaii civil complaint rules by not specifically outlining what each board member did to be included in the civil action, wrote Alston.

Hallums also fails to present “well pleaded facts” to allegations of racial discrimination, violations of Hawaii whistleblower protections and other claims.

“As a result of the (March 4) hearing, the board found that Plaintiff had wrongfully double- dipped when he received both SA (special assignment) leave compensation from HPD and per diem from SHOPO,” wrote Alston. “Because he (Hallums) had repaid the disputed amounts, the board reinstated his membership. However, the board ousted Plaintiff from his position as vice president.”

Hallums, a former SHOPO vice president, alleged the other members of the union’s executive board developed a plan to remove him during SHOPO’s Jan. 5 meeting by falsely accusing him of double-dipping into travel funds from the union and HPD. Hallums also alleged the board members blackmailed him with the threat of criminal theft charges if he didn’t sign a voluntary resignation letter.

Hallums maintained that SHOPO’s previous president approved the travel and that no violations of SHOPO’s code of conduct occurred.

His complaint named SHOPO President Robert Cavaco, John Asing Jr., Vice President Stephen Keogh, Shawn Cavaco, Carmel Hurley, Derek Pa, Nicholas Schlapak, James Correa, Christopher Calio, Nicholas Krau and James “Kimo” Smith.

Asing, Hurley, Keogh, Pa, Schlapak and Robert and Shawn Cavaco are current HPD officers. Smith is a retired HPD officer, Calio is an officer with the Kauai Police Department, Krau is an officer with the Maui Police Department and Correa is an officer with the Hawaii Police Department.

According to the transcript of the Dec. 10 SHOPO board meeting, obtained by the Honolulu Star- Advertiser, Hallums expressed shock at the outcome of the elections that put Cavaco and Keogh in the top two spots, and said he planned to make a motion to resign once the new board took over Jan. 5.

He proposed eliminating the stipends paid to SHOPO board members by the union for their work.

Schlapak cautioned Hallums, who supported a separate slate of candidates during the elections, that the new board might try to remove members who won reelection.

“I’m gonna hold my first press conference with *expletive* all the cameras ready watch this,” said Hallums, according to the transcript. “I don’t wanna ruin the whole SHOPO thing but (inaudible) but I worry about these guys coming in after anybody. I mean come on brah.”

Hallums outlined the racial allegations he planned to make against the new board if they removed him, according to the transcript and an audio recording of the meeting heard by the Star-Advertiser.

“That’s the only reason they getting rid of me right now, ’cause I’m a black man,” said Hallums, followed by laughter from other members.

“One black Hawaiian. They (new board) hate Hawaiians and they hate blacks and today they proved that right now (laughing),” reads the transcript. “What (inaudible) rally I’m gonna have, I’m gonna have Steve Favela, Favela, Kirk, Favela all my fricken political guys in on me, coach fricken da kine over here with me all the fricken football coaches, the basketball UH guys with me and that’s a shame, ‘this building is run by a racist! *laughing*.”

Hallums is a former University of Hawaii basketball player who works as an analyst of Rainbow Warrior sports for Spectrum.

Bosko Petricevic, Hallums’ attorney, told the Star-Advertiser the meeting transcript confirms the allegations outlined in their civil complaint, that Hallums was told the new board would try to displace him.

“It was more of a comedic performance dealing with that raw emotion after hearing the election results,” said Petricevic. “Clearly, he was saying some of those comments in jest. I think this transcript supports what we’ve been saying all along. These guys were going to use this election to settle some scores.”

The SHOPO board of directors, in a statement to the Star-Advertiser, said that “scheming to make up a scurrilous lie to ruin the reputations of innocent individuals and the organization that protected his career, and then laughing about it, shows the selfish, deceitful and shameful character of Mr. Hallums.”

”Only he can explain the motivation behind trying to inflict reputational damage onto others by making baseless and untrue allegations about race and discrimination. This is a poor loser who cannot accept the fact that the SHOPO membership wanted a new direction. During a tape-recorded SHOPO meeting, Mr. Hallums is heard laughing as he reveals his plan to use his race to attack innocent people. His own words should put an end to any semblance of credibility that Mr. Hallums may have possessed,” read the statement.