Isaac Choy, a former state tax director and state legislator, was terminated from his job at the Hawai ‘i Tourism Authority effective Sept. 15, according to a motion to file an amended complaint in his whistle-blower lawsuit.
Choy was placed on unpaid leave May 9 from his job as HTA’s vice president of finance and acting chief administrative officer at the direction of the state Department of the Attorney General and the Department of Human Resources pending the outcome of an investigation, which followed allegations he made racist and sexist remarks on the job.
Choy, who was elected to five terms in the House of Representatives serving the Manoa district from 2008 through 2018, served as state tax director from 2020 to 2022. A certified public accountant with his own practice since 1983, Choy joined HTA in 2023.
His attorney, Bruce Voss, filed a motion Sept. 16, the day after Choy’s termination from HTA, to amend the original complaint filed June 12 in Oahu Circuit Court alleging that named and unnamed HTA officials retaliated against Choy for reporting what he called procurement, spending and other violations at the agency.
The motion to file an amended complaint seeks to add parties based on events that occurred after the initial filing as well as claims authorized by an Aug. 1 right-to-sue letter issued by the Hawaii Civil Rights Commission. The letter was in response to a July 15 age discrimination complaint the 71-year-old Choy filed against HTA and Caroline Anderson, HTA interim president and CEO.
The motion seeks to add additional claims against Anderson, who placed Choy on unpaid leave May 9, and against Gov. Josh Green’s chief of staff, Brooke Wilson, who according to the complaint made the decision to terminate Choy from his employment at HTA.
Green’s office said in an email Saturday, “The Office of the Governor is aware of the proposed amended complaint filed in this matter. Because it involves ongoing litigation, we will not be providing further comment at this time. The Governor and his administration remain firmly committed to ensuring a respectful and inclusive workplace for all employees.”
James Kunane Tokioka, director of the state Department of Business, Economic Development and Tourism, which has oversight for HTA, did not immediately respond to a call from the Honolulu Star-Advertiser seeking comment.
Choy did not immediately return a call from the Star-Advertiser ; however, the motion for an amended complaint states that he received a letter from Wilson asserting “that a ‘thorough investigation’ had been conducted but provided neither the final report nor any summary of findings from the investigator.”
The motion further states that Wilson, in her Sept. 5 letter to Choy, “admitted that the investigation found no evidence that Mr. Choy violated the workplace violence policy, procurement or ethics policies, yet she nonetheless concluded based on minimal, still largely anecdotal allegations that Mr. Choy had ‘more likely than not’ violated the EEO (Equal Employment Opportunity ) policy and was ‘no longer fit for state employment.’”
The motion argues the decision to terminate Choy “was made in retaliation for the violations of state laws, rules, regulations, and contracts Mr. Choy had reported, and in retaliation for Choy’s refusal to resign from employment and disappear quietly, so that Mr. Choy would no longer be a political problem for the current state administration.”
Voss argued that the defendants will not be disadvantaged if the request to amend the complaint is granted, as the trial is not scheduled until Sept. 9 and discovery has not begun.
Choy’s lawsuit seeks penalties up to $5, 000 against Anderson and anyone else at HTA for each alleged violation of “the Hawaii Whistleblowers Protection Act ” in what he calls retaliation for reporting violations. He wants to be reinstated with back pay, full reinstatement of fringe benefits and seniority rights, and is also seeking payment of his attorneys’ fees and punitive damages.
The state investigation followed a May 1 request by state Sen. Kurt Fevella (R, Ewa Beach ) to state Attorney General Anne E. Lopez to investigate complaints that Choy allegedly had referred to Kilohana, an HTA contractor, as “dumb Hawaiians ” and also was alleged to have “demeaned and belittled ” female HTA board members.
Fevella held a couple of sign-waving demonstrations and news conferences at the state Capitol, where he urged Green to seek resignations from Choy and from Tokioka, whom he alleged had “participated in efforts to sweep this matter under the rug.”
While Choy has denied all allegations against him, Tokioka previously told the Star-Advertiser in a May 2 email that in 2024 he had issued Choy a written warning for using derogatory language.
The incident stemmed from a complaint made by Tyler Gomes, Kilohana administrator, who alleged that Choy called Gomes and the rest of the team of the Hawaiian Council, formerly known as the Council for Native Hawaiian Advancement, “dumb Hawaiians ” during an August 2023 meeting and afterward embarked on a pattern of behavior that was “race-based in its inequity.”
Tokioka said he was present at the meeting and that immediately following the incident, he “told Mr. Choy that his comments were unacceptable and that he should not use language like that in the future.”
In a May 5 email to the Star-Advertiser, Choy said he had worked for more than a year with HTA staff, the Department of the Attorney General, other public bodies and the Legislature to report and resolve violations or suspected violations of law, rules, regulations and contracts executed by HTA.
“To protect against retaliation, the Attorney General’s Office has acknowledged my staff and me as whistle blowers, ” he said. “It is unfortunate that the recent allegations appear to be in retaliation for the work done by me and the staff of the HTA Finance-Procurement Section.”