NEIGHBORHOOD COMMISSION

NEIGHBORHOOD COMMISSION

MINUTES OF REGULAR MEETING

JULY 13, 2004

CITY COUNCIL CHAMBERS

CALL TO ORDER AND INTRODUCTION OF COMMISSIONERS: The meeting was called to order by Chair Wickramaratna at 6:30 p.m.  The Commission members introduced themselves.  A quorum was present.

COMMISSONERS  PRESENT: Clara Ching, Benjamin Gudoy, Benjamin Sanchez, Roy Wickramaratna, Pohi  Ryan, Ed Gall, Kalene Sakamoto, Jeanette Nekota,

COMMISSIONERS ABSENT:              Ray Galas.

STAFF:                                     Benjamin Kama, Terry Morris, Dean Chu. Seth Harris (City Corporation Counsel).

GUESTS:                                  Clifton Takamura (McCully-Moiliili Neighborhood Board No. 8), Tom Heinrich (Manoa Neighborhood Board No. 7), Glen Oamilda, Kioni Dudley, Manie Reider, Lisa Reider, Mary Thomas, David Lemon (Pearl City Neighborhood Board No. 21), Daisy Murai, Linda Wong (Makakilo/Kapolei/Honokai Hale Neighborhood Board No. 34), Charles Herrmann, Jr., Michelle Matson (Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board No. 5), Bert Narita (Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board No. 5), Karen Ah Mai (Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board No. 5), Alan Gano, George Yamamoto, Michele Golojuch, Michael Golojuich, Sr., Michael Golojuch, Jr., Ron Lockwood (McCully-Moiliili Neighborhood Board No. 8), Brent Buckley (Makakilo/Kapolei/Honokai Hale Neighborhood Board No. 34), Maeda Timson, Keith Timson.

PUBLIC INPUT:

1.                  Clifton Takamura, McCully-Moiliili Neighborhood Board, reported that the public hearing for his Board’s proposal to revise it subdistrict boundaries and change the number of Board members’ seats, was held last week.  He also reported that he will be continuing to work on another ongoing project regarding citizen participation in the governmental processes.

2.                  Maeda Timson, Makakilo/Kapolei/Honokai Hale Neighborhood Board No. 34, questioned the contents of a letter she received from the City Corporation Counsel.  She disagreed with the Factual Summary portion, stating that the letter conflicts with the minutes of her Board’s January 2004 meeting, that 1) there was no procedural confusion, 2) no presentation on the aircraft carrier was granted, 3) reference to the limits of the presentation, 4) her comments on the complainants’ allegations were not included.

3.                   Daisy Murai reported that she has been attending Neighborhood Board meetings in her area and noted the attendance by Commissioners.

In response to her questions, Kama reported a) that the Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board’s proposal to use rotating vice chairs, can be done at the Board’s discretion, and b) it is legal for someone to simultaneously serve as both a member of a Neighborhood Board and on the Neighborhood Commission.

4.                  Michelle Matson, Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board, stated that that the minutes of last month’s Neighborhood Commission contain erroneous statements, and she wanted to submit corrections.

She also stated that draft minutes of Board meetings should be made available to all Board members that request them and that the Neighborhood Commission should address this matter.   Kama explained the Neighborhood Commission Office procedure regarding the writing of draft

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minutes and submission to the Board for review and that the Board has the discretion to set its own procedures as to the review of the draft.

5.                  Linda Wong, Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board, questioned why a complaint relating to her Board was not on the agenda for tonight’s meeting when the Commission took action at the last meeting to do so.  Kama explained the Commission’s action from last month/s meeting and how the Board’s failure to take action on the complaint was an admission that the complaint was valid and that the Commission deferred placing this item on the agenda until the Board takes action on the complaint.  Kama noted that another complaint dated December 12, 2003 is being handled separately.

In response to a question from Wong, Kama noted that it is within Wong’s Board’s discretion to use a rotating system of vice chairs.  Ryan requested specifics on how this system would work.

In response to a question from Wong, Kama noted that proposing revisions to the Neighborhood Plan or the City Charter can be used to address concerns about a Board member simultaneously serving on a Board and the Neighborhood Commission.

In response to a question, per her Board’s request, Kama reported that the Neighborhood Commission Office will be holding a workshop, “How To Make Your Meeting Work”, for members of her Board and chairs of all the other Neighborhood Board.  Wong noted that unless the workshop is conducted at her Board’s meeting, members will not attend a workshop.

Ryan, Gudoy and Sakamoto arrived during the above portion of the meeting.

APPROVAL OF REGULAR MEETING MINUTES OF JUNE 8, 2004:  The following corrections were made:

            Page 1, last paragraph, third line, should read “…boards would be available…”

Page 2, under Approval of Regular Meeting Minutes of May 11, 2004, item no. 4 should read “…Michelle Matson asked why the Manoa Neighborhood Board has not had any minutes for months?  Ching stated that a Manoa Neighborhood member asked Neighborhood Commission Chair Roy Wickramaratna present at the February 2, 2004 whether the Manoa Neighborhood Board was violating the Hawaii Sunshine Laws since the minutes have not been distributed or approved for months?  She also added that Manoa Neighborhood Board members at their April 7, 2004 meeting, asked that the Manoa Neighborhood Board Chair Tom Heinrich, provide drafts of minutes for the past year for approval.  Chair Heinrich agreed to provide drafts by the middle of the month.”

Page 2, first paragraph, it should read “…last month’s Board 31 meeting…”

Page 3, under New Business, the first paragraph should read “…left the meeting causing loss of quorum.”

Page 3, under New Business, the fourth paragraph should read “…out of the meeting.  The February complaint was denied at the March meeting…”

Page 4, the first paragraph, line 6 should read “…the board was unable to finish committee reports and hear community reports…”

Page 4, the first paragraph, line 10 should read “…were corrections to include, for instance, an advisory by the Neighborhood Assistant, substantive information that was inadvertently omitted, or statements that were misunderstood and misrepresented in the minutes.  But certain members of the board would reject her corrections…”

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Page 4, second paragraph, should read “…Ryan asked Matson if certain board members their subdistricts were not represented fairly.  Matson replied that all issues brought to the board regardless of its subdistrict area, were addressed as requested.”

Page 4, fourth paragraph, should read “…petition that was circulated to predetermine and solicit a majority vote outside…”

Page 4 fifth paragraph, should read “…her right to respond to comments of any additional speakers, as there may be concerns she would need to address.”

Page 5, fifth paragraph, it should read “…office then conveyed to the NCO Gau’s inquiry on the process to form a separate St. Louis Heights board…”

Page 5, sixth paragraph, it should read “…Gau stated that he expressed concern at the board’s November 13 regular meeting about Matson not providing minutes for its executive committee meetings.  The Board did not meet in December but held an executive committee meeting that month, where again expressed concerns that he was recorded on a tape recorder.  Matson then issued a complaint against him questioning his participation in the proposed separation of the St. Louis Heights sub-district from the Neighborhood Board…”

Page 5, third paragraph from the bottom, it should read “…to assist the Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board.  Gau…”

Page 6, third paragraph, it should read “…complaint filed against him by Matson in December…”

Page 7, first paragraph, it should read “…park improvements, including a Diamond Head Road park issue which Gau handled, all of which the Board heard and voted on.”

Page 7, second paragraph, it should read ”…perpetuate throughout the Neighborhood Boards.”

Page 7, sixth paragraph, it should read “…attending the January and March regular meeting…”

Page 7, under Request by Linda Wong, it should read “…The motion carried, 6-0-1…”

Sakamoto moved and Nekota seconded to approve the minutes as corrected.  The motion carried unanimously.

COMMISSIONERS’ REPORTS:

COMMISSION MEMBERS, NEIGHBORHOOD BOARD MEETING OBSERVATIONS:

Gall reported attending the last Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board meeting where Karen Ah Mai was elected chair and conducted a productive meeting.  He also attended the public hearing on the McCully-Moiliili Neighborhood Board’s proposal to revise its subdistricts’ boundaries and number of members’ seats.

Nekota and Ryan reported not receiving material relative to the complaints until just before the meeting, and expressed concern about not being able to have adequate time to review it in time for the New Business portion of the meeting.

Ching expressed concern about the quality of minutes of meetings.

COMMISSION CHAIR:  Chair Wickramaratna reported he attened the last Makakilo/Kapolei/Honokai Hale, Makiki/Lower Punchbowl/Tantalus, Pearl City, and Diamond Head/Kapahulu/St. Louis Heights Neighborhood Board meetings, and the public hearing on the McCully-Moiliili Neighborhood Board’s proposal to revise its subdistrict boundaries and number of members’ seats.

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EXECUTIVE SECRETARY’S REPORT:  No report.

Lockwood, Chair of the McCully-Moiliili Neighborhood Board, noted he has not received a response to a letter to Kama sent after last month’s Commission meeting.  Kama will follow up.

Matson reported that she received a letter from a resident on comments overheard between Gall and Heinrich had at her Board’s meeting, relating to order and decorum.  She noted that at the meeting Gall observed that it was not indicative of how the Board’s past meetings have been running.

Matson also noted that the minutes of last month’s Commission meeting include statements with erroneous information.  She will submit information on the statements to the Commission.

EXECUTIVE SESSION:  The Commission went into Executive Session at this time to confer with Seth Harris, Corporation Counsel, on the upcoming complaint agenda items.  The Executive Session began at 7:40 p.m. and ended at 8:15 p.m.

NEW BUSINESS:

MATTERS CONCERNING COMPLAINTS AGAINST NEIGHBORHOOD BOARD NO. 34 (KIONI DUDLEY), COMPLAINT BY GOLOJUCH, MICHAEL; COMPLAINT BY GOLOJUCH, MICHELE; COMPLAINT BY MAKAIKI, MARTHA; COMPLAINT BY ROSS, JANE; COMPLAINT BY YOUNG, LINDA; COMPLAINT BY GOLOJUCH, CAROLYN; COMPLAINT A BY TIMSON, MAEDA; COMPLAINT B BY TIMSON, MAEDA – Chair Wickramratna reviewed the procedure to be followed for this portion of the meeting, that includes opening statements by all parties, submission of evidence and witnesses, and questions by the respondent and Commission.

It was noted that the material received by the Commission members prior to the meeting was Kioni Dudley’s list of witnesses.  It was further asked by Chair Wickramaratna if the Commissioners present were willing to proceed with the complaint hearing and reviewing Dudley’s witnesses and evidence.  The vote carried, 6-2.  Ryan and Nekota voted nay.

OPENING STATEMENTS:

COMPLAINT BY GOLOJUCH, MICHAEL (FEBRUARY 2, 2004) – Michael Golojuch reviewed events that occurred at the Makakilo/Kapolei/Honokai Hale’s Neighborhood Board meeting of January 28, 2004, relative to Dudley’s request to have 10 minutes to speak on the subject of homeporting an aircraft carrier.  Golojuch reported that Dudley’s conduct toward Chair Timson and member Young was unprofessional and that the comments by Dudley caused problems.  He stated Dudley’s comments against the military were insensitive and that he insulted the military representatives present at the meeting.  He also noted that Dudley’s statistics on the impacts of military personnel on area housing, schools, etc. are wrong.

COMPLAINT BY GOLOJUCH, MICHELE – Michele Golojuch, daughter of Michael, reported that Dudley’s conduct and snide comments at the January 28, 2004 meeting constituted sexual harassment toward Timson and Young, and unprofessional.

COMPLAINT BY MAKAIWI, MARTHA (FEBRUARY 11, 2004) – Kama reported that Makaiwi, Makakilo/Kapolei/Honokai Hale’s Neighborhood Board member, was unable to attend the meeting and that she stands by her written complaint.

COMPLAINT BY ROSS, JANE (FEBRUARY 11, 2004) – Kama reported that Ross, Makakilo/Kapolei/Honokai Hale’s Neighborhood Board member was unable to attend the meeting and that she stands by her written complaint.

COMPLAINT BY YOUNG, LINDA (FEBRUARY 12, 2004) – Young, Makakilo/Kapolei/Honokai Hale’s Neighborhood Board member, reported that Dudley’s conduct toward other Board members, residents, and City

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and County employees; has been inappropriate and been ongoing since June of last year.  She brought her concern to the attention of the Commission in July of last year.  She also stated that she considers the incident at the Board’s January 2004 meeting where Dudley ripped papers from, and cutting her hand to be physical abuse and workplace violence.  She requested action be taken against Dudley as she is concerned for her safety.

COMPLAINT BY GOLOJUCH, CAROLYN (FEBRUARY 13, 2004) – Carolyn Golojuch, wife of Michael Golojuch, reported that at the January 28, 2004 Makakilo/Kapolei/Honokai Hale Neighborhood Board, Dudley showed disrespect for the military representatives present, and that military personnel receive orientation training about Hawaii before their arrival, and provided a sample of the material provided at that training.  She noted that the military works at being good neighbor.

COMPLAINT (A) BY TIMSON, MAEDA (FEBRUARY 17, 2004) – Maeda Timson, Makakilo/Kapolei/Honokai Hale’s Neighborhood Board member, reported that she filed two complaints, this one is as Chair of the Makakilo/Kapolei/Honokai Hale Neighborhood Board.  Timson requested that action be taken against Dudley for his inappropriate action since June of last year.  She noted that his ongoing inappropriate behavior is the worst she has seen.  Other Board members are complaining, residents have sent her letters complaining, and calls about Dudley’s behavior have been made to the Commission office.  She requested action be taken to halt his behavior.

COMPLAINT (B) BY TIMSON, MAEDA (FEBRUARY 17, 2004) – Maeda Timson reported that she filed the second complaint as an individual.  Timson stated that Dudley’s behavior toward her has been inconsiderate, harassing, improper, threatening; and she is concerned for the safety of herself and others.

OPENING STATEMENT BY KIONI DUDLEY – Kioni Dudley, Makakilo/Kapolei/Honokai Hale’s Neighborhood Board member, stated one of his reasons for seeking election to the Board was to provide a different point of view.  Dudley stated that the tapes of the meetings are misleading.  He noted that since a new faction took over the Board, Timson and others have been plotting against him.

Dudley then referred to a handout he distributed at the Board’s October 2003 meeting requesting reconsideration of the Board’s vote on home-porting a carrier, noting that the Board’s vote on this matter at the Board’s September 2003 meeting was illegal as the subject was not on the agenda.  He also referred to material distributed prior to the Board’s December 2003 meeting on his efforts to have the subject of home-porting a carrier on the Board’s agenda.  He noted that his request to place this subject on the agenda was not honored by Timson, but a presentation by the military was placed on the January 2004 agenda.  At that meeting Dudley requested and was eventually given 10 minutes to speak on this matter.

Dudley stated that he sees no hope for the Board as long as Timson and her faction are members.

Dudley stated that the complaints are false and that he is innocent of the accusations.  He stated that the Olelo broadcasts of the January 2004 meeting have caused additional damage to his reputation.

Dudley stated that the Board needs new leadership and seeks the intervention of the Commission on this matter.  If no changes are made he feels that the Board should be disbanded, and requested the Commission consider taking this action.  A comment was made by Chair Wickramaratna to the effect that this is a democracy and a majority rules whether whether we like it or not.  If there is a request to disban, we wil look into it.

PRESENTATION OF EVIDENCE AND WITNESSES:

GOLOJUCH, MICHAEL – Michael Golojuch stated he stands on his previous statements, the statements of others, and the videotape of the January 2004 meeting which confirms his previous statements that Dudley did what has been stated.  Golujuch stated that he did not receive e-mail or regular mail Dudley says he sent to Board members prior to the December 2003 meeting.  Golojuch also stated that there was no rush for the Board to address the subject of home-porting a carrier further at the Board’s December meeting, as the decision

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making process would take seven years.  He also noted that Makakilo is growing, but that he is aware of only a limited number of new homes being built.

Questions, answer and comments followed:

1.                  Copies of email and other items of evidence were mailed to all complainants and the resondent. Dudley stated he did not receive the material.

2.                  It is the discretion of the Board Chair to decide what items are placed on the agenda, and that the subject of home-porting a carrier was placed on the agenda.

3.                  Golojuch stated that the current developer in Makakilo modified the plans of a previous developer, changing the number of homes being built in this area.

4.                  Golojuch stated that Dudley insulted the military representatives present at the Board’s meeting with his comments that the military is insensitive, ignorant, does not know local customs, and is trying to take over.

GOLOJUCH, MICHELE – Michele Golojuch called Keith Timson, husband of Maeda Timson, as a witness.  The witness was asked if he remembered the events of the January 2004 meeting.  Keith Timson stated he recalls that at the Board’s January 2004 meeting, Dudley directing the statements “Yes God” and “Thank you darling”  to Maeda Timson.

Questions, answers and comments followed from complainant:

The “Yes God” and “Thank you darling” statements were made at the Board’s January 2004 meeting.

Mike Golojuch, Jr., was called as a witness, and was asked if he remembered the events of the January 2004 meeting.  Mike Golojuch, Jr. stated that at the Board’s January 2004 meeting, he recalls Dudley directing the statements “Yes God” and “Thank you darling” to Maeda Timson.  He further stated that Dudley does this at other meetings and that Dudley shows no respect to others and that his negative attitude is divisive.

Questions, answers and comments followed from the respondent:

Dudley confirmed that the made the statement “Thank you darling” but denied making the statement “Thank you God”.

The complainant Michele Golojuch stated such remarks are inappropriate.

YOUNG, LINDA – Young stated that Dudley’s behavior is inappropriate.  She explained the incident where Dudley ripped papers from her hand and that she considered the action as physical abuse.  She noted that the Board’s February minutes make reference to Dudley’s verbal attacks.

Dudley reported he did not receive the complainants’ witnesses’ list and other materials, but would not call for halt to the proccedings.  Kama noted that the information was sent to all complainants and Dudley.

Young called Keith Timson as a witness and asked if he remembered the events of the January 2004 meeting.  Keith Timson reported that he sits in the front row at meetings due to concerns for Maeda Timson’s safety.  He stated that he recalls the incident at the Board’s January 2004 meeting where Dudley ripped papers from Young’s hand and that he considers this action to be workplace violence. He noted that Dudley’s behavior has been ongoing.

Young called Charles Herrmann, Jr. as a witness and asked if he remembered the events of the January 2004 meeting.  Herrmann stated he is the Neighborhood Assistant assigned to the Makakilo/Kapolei/Honokai Hale Neighborhood Board.  He stated that he finds Dudley’s comments to be unacceptable.  He stated he recalls the incident at the Board’s January 2004 meeting where Dudley ripped papers from Young’s hand causing a cut,

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and that he sees this as an assault and threatening behavior, and that he saw fear in Young’s face when it occurred.

Young called Maeda Timson as a witness, and asked her if she remembered the events of the January 2004 meeting.  Timson stated that she did not see Dudley rip papers from Young’s hand, but does recall Young telling her about the incident later in the meeting.  She also stated that she does recall Dudley saying “excuse me” when he was trying to listen in a conversation between herself and Young about this incident.

Questions, answers and comments followed:

1.                  The Board did not take action to approve the minutes of the January 2004 meeting when it was on the agenda and minutes of other meetings were approved.

Young stated that Board member Ross later stated that she (Ross) would vote to approve these minutes.

2.                  Young stated that inappropriate remarks themselves were not included in the minutes.

3.                  Herrmann stated that the remark “Yes God” is not on the audio tape of the meeting as the tape ran out at that moment, but that he does remember hearing the remark being made by Dudley.

4.                  Dudley stated that the videotape does not have the “Yes God” remark on it.

5.                  Herrmann stated he recalls hearing both the “Yes God” and “Thank you darling” being made by Dudley.

6.                  Timson stated that the videotape does not show her talking to Young about the paper being ripped from Young’s hand.

The respondent made the following statements:

1.                  Dudley stated he “retrieved” the papers from Young’s hand.

2.                  Dudley confirmed that he did say “Thank you darling” and that other remarks cannot be heard on the video to audio tapes.

The complainant made the following statement:

Young stated that Dudley’s behavior includes name calling, put downs, sarcastic remarks, pulling paper from her hand, and that the degree of his behavior has been escalating.

MICHELE GOLOJUCH – Michele Golojuch stated that Dudley’s remarks directed at the military included statements that the military would overcrowd the area’s schools, shopping centers, and that the military has no concern or consideration of local culture.  She noted that the remarks directed at the military are disrespectful, attack the military, and are misrepresenting of the military’s actions.  She stated that she, as part of a military family, takes such remarks personally.

Michele Golojuch called Michael Golojuch, Sr., and asked him about his reaction to Dudley’s statements about the military and its impact.   Golojuch, Sr. stated that Dudley’s remarks relating to the home-porting of a carrier berated the military.  He also stated that he knows that the statistics Dudley cited at the meeting were erroneous.

Michele Golojuch called Michael Golojuch, Jr. as a witness, and asked him about his reaction to Dudley’s comments about the military and its impact.  Golojuch, Jr., stated that Dudley’s remarks on the military were disrespectful, showed a lack of respect for the military, that he took the remarks personally, and that Dudley’s statements could have been made differently.

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The respondent made the following statements:

Dudley stated he does recall making the statement that the military was not aware of local customs, noting that he received no training on such matters when he was in the military.

Dudley stated that he worked for the military from 1971 – 1975, teaching religious education.

Dudley, asked questions to Young and witnesses as follows:

1.                  Michael Golojuch, Sr., stated that he recalls stating to Dudley that the two of them go outside to talk further about the military.  Golojuch stated that he did not see his remarks as an invitation to a fight.

2.                  Golojuch, Sr., stated that military representatives spoke to him about Dudley’s improper remarks.

TIMSON, MAEDA (COMPLAINT A) – Timson presented evidence and witnesses as follows:

In response to a question made by Timson, Kama stated that Board approved minutes are Board approved documents; and reviewed the process used to write, review and submit draft minutes to the Board for further review and eventual mailing.

In response to a question made by Timson, Kama stated he was not able to provide specifics about City policy on workplace violence.

In response to a question made by Timson, Kama reported that Herrmann has filed a separate complaint against Dudley and could not comment specifically to questions because of the ongoing case.

Timson stated that Dudley has made false statements relating to her loosing her position as Chair, and about her socializing with Board members, friends and others in the community.

Timson stated that at Board meetings, the majority rules, and that when the other faction was in power, Dudley had no problems with the Board’s actions.

Timson stated that she sent a letter to Kama regarding Dudley’s unacceptable behavior, that he was confrontational with military representatives and  made misstatements.

Timson briefly reviewed evidence previously submitted to the Commission:  exhibit 3, an email from Dudley to her, dated July 9, 2003, that included the statement “…sniffing my ash”, exhibit 4, minutes of a the Board’s July 2003 meeting where reference is made to Dudley’s behavior, exhibit 5, a letter to her from Kama, about actions she can take to censure and or eject a board member, and noted her request to the Commission for additional advice on handling this situation and request for a police officer to be present at the meeting, exhibit 7, a letter from Kama to Dudley, about his conduct at meetings, exhibit 8, an email from Dudley to Kama that included comments about a town meeting., exhibits 9 and 10 – letters from Board members Ross and Makaiwi to Kama, and from a resident to her, regarding Dudley’s behavior.

Timson reported that she and Michael Golojuch, Sr. did not receive letters sent to her by Dudley.

Timson stated that the subject of the carrier was not placed on the Board’s agenda between October and December 2003 as the subject was not urgent.

Timson stated that following the June 2003 election of officers, Dudley showed improper behavior.  Later when reporting on the Board’s accomplishments over the past year, she noted there were no factions.

Timson called Charles Herrmann, Jr. as a witness, and asked if there had been any improper conduct between him and former Chair Yamamoto.  Herrmann stated that he was the Neighborhood Assistant during the Board’s

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previous year’s term when George Yamamoto was Chair and that Herrmann recalled a conversation with Yamamoto on how he wanted Board members to be addressed during the meeting, and that they had no conversations on his work or conduct at Board meetings.

Timson asked if he remembered certain Dudley made at past meetings.   Herrmann concurred that Dudley made disparaging remarks against him and Maeda Timson at meetings, and that this was reflected in the minutes.  Herrmann noted that this matter is being addressed under a separate complaint.

Timson asked him how he writes the minutes of the meeting.  Herrmann reported that he writes minutes for all the meetings he attends in the same style and perspective.

Timson called Mike Golojuch, Sr. as a witness, and asked him about his reaction to Dudley’s remarks toward Maeda Timson.  Gologuch, Sr., stated that he has been concerned about the remarks directed toward Maeda Timson.

Timson called Linda Young as a witness and was asked about her reaction to Dudley’s actions.  Young stated that she is worried and scared of Dudley because of his behavior, and that his conduct is unprofessional and inappropriate.

Timson called Michael Golojuch, Jr., as a witness and was asked about his reaction to Dudley’s actions.  Golojuch, Jr. stated that Dudley’s unprofessional behavior toward him, singling him as the target of remarks, prompted him to file a complaint.

Respondent Dudley provided cross-examination as follows:

Herrmann stated that he did not want to be in the middle of differences between Dudley and Timson.

Golojuch, Sr. stated that he recalls Dudley making snide remarks under his breath.

Young stated that she feels that Dudley’s actions are escalating from verbal to physical abuse, is fearful of him, and is concerned about the tone of emails he has sent her.

Michael Golojuch, Jr. stated he was singled out as the target for remarks by Dudley, because of complaints about Dudley’s remarks directed at his mother, Michele; and Dudley’s remarks against the military.

TIMSON, MADEA (COMPLAINT B) – Madea Timson, stated that her second complaint is as individual, and was filed because of Dudley’s behavior directed toward her and others.  Timson stated that Dudley’s behavior is unprofessional, insulting, vulgar, revolting and has become threatening.  She noted that emails from him were scary and such that she had to have them blocked from her email systems at work and home.  She also noted that though Dudley has denied sending her emails, the email received by others includes Timson’s name in the “To” list.

Timson stated that she sent a letter to Kama in February 2004 about Dudley’s behavior.

Timson briefly reviewed exhibits mentioned in her previous complaint.

Timson stated she sees Dudley’s behavior as workplace violence, based on her training at work on this subject.  She provided a copy of educational materials on workplace violence.

Timson called Keith Timson as a witness and asked him about his reaction to Dudley’s actions.  Keith Timson noted his feelings on exhibit 3, the letter with the “…sniffing my ash” comment as unacceptable.  He noted he sees Dudley’s actions as abuse, based on his training at work.

Respondent Dudley had no questions at this time.

A recess was called at this time, 11:10 p.m.  The meeting was reconvened at 11:20 p.m.

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Sakamoto moved and Gall seconded that the evidence heard is sufficient to move on the respondent’s (Dudley’s) case.  The motion carried unanimously.

Sakamoto moved and Sanchez seconded that the Commission recess the complaints and respondent’s case until the next meeting.  Discussion followed.  The motion carried unanimously.

Discussion followed on the date for the next meeting

Gall moved to recess the respondent’s meeting until the next regular meeting.  Discussion followed.  The motion was withdrawn.

Ching moved that the motion to recess be reconsidered.  Discussion followed.  The motion failed for lack of a second.

The consensus was to hold the next meeting in two weeks.

The remainder of the agenda was deferred.

ADJOURNMENT:  Sanchez moved and Gall seconded to adjourn the meeting.  The motion carried unanimously.  The meeting was adjourned at 11:35 p.m.

Submitted by,

Dean Chu

Neighborhood Assistant