David C. Farmer, Successor-Trustee vs. Harmon
(Formerly Woo vs. Harmon & Nicholson vs. Harmon)
U.S. District Court For the District of Hawaii
Judges: David A. Ezra; Kevin S. Chang
—
DEFENDANT’S WITNESS
DARREN AH CHONG
Former Director of Operations for the Kamehameha Schools’ campus at Keaau, Hawaii.
December 15, 2005
Ex-Kamehameha director sues,
alleging defamation
Star-Bulletin staff
HILO » The former director of operations for the Kamehameha Schools campus at Keaau, south of Hilo, filed suit yesterday, saying the organization and an administrator defamed him after forcing him to resign in a dispute over finances.
Darren M. Ah Chong, 39, and attorney Ted Hong said Stanley Fortuna Jr., headmaster at Keaau, is responsible for rumors that Ah Chong left because of "incompetence, mismanagement, and embezzlement."
Ah Chong said problems arose because Fortuna wouldn't implement financial procedures that Ah Chong recommended. A 2004 review revealed an operating deficit of $1.5 million, but no one accused Ah Chong of pocketing the money, Hong said.
After Ah Chong left, the school implemented most of his recommendations, Hong said.
Ah Chong was hired as the No. 2 administrator at Keaau in 2002. He asked for the same financial program used at the Kamehameha campus on Maui.
Staff training in the program got under way, but individuals balked at the extra work, he said. Then the deficit was discovered and he was forced out.
Kamehameha spokesperson Marsha Bolson said the organization does not comment on lawsuits or personnel matters. Fortuna could not be reached for comment. Ah Chong, a 1984 graduate of Kamehameha, said, "My heart is and always will be with the school."
http://starbulletin.com/2005/12/14/news/story09.html
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September 7, 2007
Kamehameha Schools, former official settle suit
Details of amicable agreement confidential
by Peter Sur, Tribune-Herald Staff Writer
The former No. 2 official at Kamehameha Schools Hawaii has settled with his former employer over a defamation lawsuit.
"In terms of the settlement, my client's satisfied and ready to move on," said attorney Ted Hong, who represented Darren M. Ah Chong. The suit was settled out of court and the terms are confidential.
Stan Fortuna, Kamehameha Schools Hawaii headmaster, referred all media inquiries to a spokesman on Oahu, who did not return a call seeking comment.
Ah Chong worked at the Keaau campus from January 2002 through June 2004, according to a lawsuit filed in December 2005 in Third Circuit Court.
His duties involved responsibility for the financial operations of the three-school campus.
The lawsuit alleged that, on several occasions, Ah Chong told Fortuna the schools' accounting system needed "substantial overhauling" and he needed to increase his staff so the school could keep track of its finances.
Fortuna allegedly encouraged Ah Chong but failed to adopt most of his recommendations. The lawsuit further alleged that Ah Chong "felt compelled" to submit his resignation on June 2, 2004, but Fortuna refused to accept it.
The lawsuit alleged that administrators met June 24, 2004, to review the budget and calculated the deficit for the fiscal year would be $1.5 million. At the meeting, Fortuna allegedly raised his voice and told Ah Chong to resign immediately or be fired.
Two months later, Ah Chong was told he'd been terminated for incompetence, mismanagement and failing to follow the chain of command.
Following the lawsuit's filing, Hong said, the Circuit Court heard arguments and motions for summary judgment, but agreed to withhold a ruling while the parties negotiated out of court.
Hong emphasized that Ah Chong remains a proud alumnus of Kamehameha Schools. His wife teaches at the Keaau campus and his two children are students there.
"He (Ah Chong) is part of the alumni association, so he's continuing his work with the alumni association," Hong said of his client's continuing involvement with Kamehameha.
Kamehameha Schools and Ah Chong released the following joint statement:
"Differences between Kamehameha Schools and Mr. Darren Ah Chong, former director of operations for the Hawaii campus in Keaau, have been resolved. Kamehameha Schools recognizes and appreciates Mr. Ah Chong's hard work and commitment to the schools' mission during his tenure at Kamehameha's Hawaii Campus, and wishes him all the best for a promising future. Mr. Ah Chong, an alumnus of the schools, is, and always will be, proud to be a member of the Kamehameha Schools family and pledges his continued support for the work at the Hawaii campus, and to honor the will of Princess Pauahi."
Ah Chong currently sells real estate, Hong said. He graduated from
Kamehameha Schools in 1984 and holds a bachelor's degree in economics from
the University of Hawaii. He had previously worked in banking and as a Hawaii
County police officer.
http://www.hawaiitribune-herald.com/articles/2007/09/07/
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Darren Ah Chong is expected to testify as to his business, professional and personal relationships with Dee Jay Mailer, P&C Insurance Company, Edwina Clarke, Clyde Mark, Rocco Sansone, Wally Chin, Rodney Park, Marsh & McLennan, John Mullen Co., Matt Tsukazaki, Robert Katz, Hamilton McCubbin, Ronald Libkuman, Nainoa Thompson, Robert Kihune, Guido Giacometti, Susan Tius, Douglas Ing, Colleen Wong, Louanne Kam, Dr. Michael Chun, Rockne Freitas, Ted Hong, Malia Zimmerman, Walter Dods, First Hawaiian Bank, Bob Herkes, Guy Lam, Joanne Mucha, Peter Savio, The Nature Conservancy, and others to be named upon discovery.
Internet References:
Letters, Documents, News Articles and Related Links
http://alakairealty.com/Agent%20pages/darren.htm
www.kycbs.net/BH-Documents.htm
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www.kycbs.net/Claims-Branch-P-C.htm
www.kycbs.net/Whistleblowers.htm
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IRS - PricewaterhouseCoopers, Arm’s Length and Intermediate Sanctions
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IRS - Closing Agreement for Kamehameha Schools
www.kycbs.net/KSBE-IRSagrmnt.pdf
www.kycbs.net/KSBE-IRSagrmnt2.pdf
Hawaii Dept. of Labor - CV 98-2394-05 - Unemployment Insurance Appeal
www.kycbs.net/DOL-Reply-Brief-11-6-98.htm
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www.kycbs.net/Settlement-Page1-Signatures.pdf
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Equity 2048 -The Richards Report
http://www2.hawaii.edu/~rroth/Richards%20Master%20Report.doc
XL Reinsurance Policy No. XLRKS-01796
www.kycbs.net/Doc-EQ2048-XL-Policy-Dec.pdf
www.kycbs.net/Doc-EQ2048-XL-Policy.pdf
www.kycbs.net/Doc-EQ2048-XL-Policy-Append.pdf
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KITV Special Report
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