WAILUKU — A Maui Police Department supervising juvenile counselor said she disagreed with a Maui Police Commission decision not to discipline Police Chief John Pelletier after she suffered from retaliatory actions.

“This is illustrated by harassment, denial of a promotion and defamation of character which continues through an affair that never existed and false allegations,” Aissa Nishiyama said while testifying at a Police Commission meeting Wednesday. “I respectfully disagree with your decision not to initiate disciplinary action. The chief is continuing to play a significant role in all of this and should be held accountable for these unprofessional and unmerited forms of retaliation.”

After meeting in closed executive session, Chairman Frank De Rego said the commission voted unanimously to deny Nishiyama’s appeal to overturn the commission’s decision Nov. 16 to not initiate disciplinary proceedings against Pelletier.

In reviewing investigative reports into another complaint alleging Pelletier and other MPD officers violated the county Violence in the Workplace Action Plan, De Rego said the commission “determined unanimously that there is insufficient evidence to prove the material allegations of complaint” and “therefore declines to initiate disciplinary proceedings against Chief Pelletier.”

Maui police spokeswoman Alana Pico said “the department will not be issuing a statement” on the commission votes.

During testimony on her appeal of the commission’s decision, Nishiyama said “this difficult year can be attributed to when I reported illegal activity by my former co-workers.”

She said she eventually reported what was happening to a lieutenant who initiated a criminal investigation for theft. It was suspected that a former co-worker made up a rumor about her having an affair with a married officer, she said.

“The rumor isn’t true, yet it continues to impact us and our loved ones today,” Nishiyama said. “Chief Pelletier and Deputy Hank were aware of the retaliation as my former supervisor completed a negative evaluation a month early.”

She said the rumor was allowed to spread “and led to the denial of my temporary promotion.”

She said she contacted the Hawaii Government Employees Association union to report what happened. Two days later, Pelletier issued a formal complaint against her and the officer, Nishiyama said.

“There were other individuals who conducted the same behavior but were not included in his complaints, which indicates this wasn’t for justice but to target me and (the officer),” Nishiyama said. “The allegation took six months to conclude and the verdict was there was insufficient evidence to substantiate the claim.”

After she recently “profiled a subordinate for violating policy,” Nishiyama said “she retaliated against me” and was encouraged by the chief of staff to file a harassment claim.

“This claim was entertained for months until Internal Affairs declared it didn’t fall under the county’s harassment policy,” Nishiyama said. “Retaliation exists against me for being honest and doing what I was hired to do.”

“My reputation has been damaged by this rumor and the false accusations that followed,” she said. “My parents, my brothers, my partner and his family have all been affected. I stand here today because of the grace of God to prevent this from happening again. I need your help to ensure that.”

* Lila Fujimoto can be reached at lfujimoto@mauinews.com.