Committee recommends settlement in USERRA lawsuit, endorses Resolution 26-141
September 01, 2026 | Maui County, Hawaii
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The Government Relations, Ethics and Transparency Committee recommended adoption of Resolution 26-141 on Sept. 1, 2026, authorizing the corporation counsel to settle a federal lawsuit filed by Gershom Slonem against Maui County. Chair Kawanai Patongan brought the item before the committee and members moved to send the resolution forward for full council consideration after an executive-session deliberation.
Deputy Corporation Counsel John Gores summarized the complaint, saying the suit, filed in May 2026, "assert[ed] claims for his ERS contributions, damages, and attorney's fees, alleging violations of the Uniformed Services Employment and Reemployment Act of '38 and Hawaii Revised Statute section 88-132." He told the committee the office received a confidential settlement demand under federal Rule 408 on Aug. 11, 2026 and submitted Reso. 26-141 on Aug. 14 to allow settlement discussions to proceed.
Committee members asked open-session questions about the factual background, including whether the plaintiff had cashed out an ERS account and the duration of his military service. Gores said the complaint and the office's review indicate the plaintiff had cashed out his ERS account and that the alleged missed contributions covered approximately four years while the plaintiff was on active duty in the Air Force. Several members said legal liability and questions about willfulness were appropriate for executive-session discussion or for personnel services to address.
The committee voted to enter executive session under Hawaii Revised Statutes sections 92-5(a)(4) and 92-5(a)(8) to consult with counsel and deliberate over settlement authority. After reconvening in open session, the committee voted 8-0 to recommend adoption of Resolution 26-141 (moved by Council member Tom Cook; seconded by Council Chair Alice Lee). Member Yukide Sugimura was excused. The recommendation includes authority to accept a settlement consistent with the confidential demand; specific settlement terms were not disclosed on the public record.
The chair closed the meeting after the vote. The resolution will be forwarded to the full council according to the council's procedures.
Deputy Corporation Counsel John Gores summarized the complaint, saying the suit, filed in May 2026, "assert[ed] claims for his ERS contributions, damages, and attorney's fees, alleging violations of the Uniformed Services Employment and Reemployment Act of '38 and Hawaii Revised Statute section 88-132." He told the committee the office received a confidential settlement demand under federal Rule 408 on Aug. 11, 2026 and submitted Reso. 26-141 on Aug. 14 to allow settlement discussions to proceed.
Committee members asked open-session questions about the factual background, including whether the plaintiff had cashed out an ERS account and the duration of his military service. Gores said the complaint and the office's review indicate the plaintiff had cashed out his ERS account and that the alleged missed contributions covered approximately four years while the plaintiff was on active duty in the Air Force. Several members said legal liability and questions about willfulness were appropriate for executive-session discussion or for personnel services to address.
The committee voted to enter executive session under Hawaii Revised Statutes sections 92-5(a)(4) and 92-5(a)(8) to consult with counsel and deliberate over settlement authority. After reconvening in open session, the committee voted 8-0 to recommend adoption of Resolution 26-141 (moved by Council member Tom Cook; seconded by Council Chair Alice Lee). Member Yukide Sugimura was excused. The recommendation includes authority to accept a settlement consistent with the confidential demand; specific settlement terms were not disclosed on the public record.
The chair closed the meeting after the vote. The resolution will be forwarded to the full council according to the council's procedures.
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