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Worktng Together LOCAL 152, AFL-CIO <br /> for Hawaii ~°s 7~ <br /> Hawaii Government Employees Association <br /> 495 Manono Street, Hilo, Hawaii 96720, Phone (808) 935-6841, FAX (808) 961-2437 <br /> TESTIMONY RELATING TO COMMUNICATIONS NO. 85, BILL NO. 30 <br /> My name is Gary Yoshiyama, Hawaii Division Chief, HGEA/AFSCME Local 152, AFL-CIO. I <br /> am submitting testimony in favor of the Board of Ethic's proposal to allow any County officer or <br /> employee to recover costs and attorney's fees from any person who has filed a petition which has <br /> been deemed to be frivolous by the Board of Ethics. <br /> I regret I am unable to personally appear before you today to provide comments on <br /> Communications No. 85, Bill No. 30, Proposed ordinance to amend Chapter 2, Article 15, <br /> Section 2-86, Hawaii County Code 1983, Relating to Informal Advisory Opinions. <br /> It is my understanding that ow courts allow recovery on frivolous suits. Our county officers and <br /> employees are not second class citizens. Our county officers and employees deserve similar <br /> treatment as any other member of our community. Those who serve the public should not have to <br /> pay more. I don't believe those in the public eye, as in the case of county officers and employees, <br /> should be subjected to unfair treatment. <br /> One means of treating officers and employees unfairly is to allow frivolous petitions to fiustrate <br /> the carrying out of their duties and responsibilities. Frivolous petitions should not go unchecked. <br /> These petitions cause undue mental hardship and disruption in the lives of our county officers and <br /> employees and their families with no present means of redress. I don't believe we wish our <br /> officers and employees to waste money to defend themselves on petitions deemed to be manifestly <br /> and palpably without merit. <br /> I have heard the complaint that this provision would discourage the filing of petitions. This <br /> provision is clear, the bill states that the board shall find a petition to be frivolous if the petition is <br /> manifestly and palpably without merit so as to indicate bad faith on the petitioner's part. This <br /> provision speaks to bad faith petitions filed, not all petitions filed. <br /> Our County officers and employees are expected, and rightly so, to act responsibly; to be held <br /> accountable for their actions. We, the public they serve, should be held to the same standard. <br /> They deserve and we deserve no less. <br /> Thank you for your attention and consideration. <br /> <br /> Tlme.._-_r RECEIVED <br /> - BY~--•---------------- <br /> <br /> oate_._-_---~ 1jz1p ~ o,., <br /> County Council <br /> GARY YOS AMA <br /> Division Chief ///~hxYYY1I~~~~ <br /> ElHICFRI.WPD n^ yC• 0,3 <br /> Wm~. WO. v J . <br /> PS18 No. ~ <br /> Prasenfed ~ <br /> )<ei. Tof <br /> FEB <br /> <br />