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Commissioner Henkel asked if a decision was made on the disposition of <br />Captain Mossman. <br />Chief Oliveira stated that he cannot disclose the action taken. Public <br />employees are afforded rights under state law and those rights protect their <br />confidentiality in regards to disciplinary action. He stated that he took the <br />appropriate action that was afforded to him under his authority as chief. <br />Commissioner Lee asked Chief Oliveira if the decision was solely his decision. <br />Chief Oliveira stated that ultimately it is his decision as the department head <br />but through the grievance process, employees are afforded the opportunity to <br />grieve at a level above him which would be the HR Director and ultimately take <br />it to arbitration. At this point, the action taken was his decision. <br />Commissioner Namahoe asked Chief Oliveira what is the timeline for this <br />process. <br />Chief Oliveira replied he could not tell because the union has submitted a <br />request to waive the various steps between now and arbitration. Chief Oliveira <br />has already responded to their request to waive steps one and two, which is <br />heard at his level. The next step would be to go to the HR Director which is <br />step 3 in the grievance process. The union is also asking to waive step 3 <br />which the HR Director will be reviewing and making a decision. From there, <br />the selection of an arbitrator will need to be agreed on. It may take a few <br />months to get to that point. <br />Deputy Corporation Counsel Brilhante stated that as it stands right now, there <br />has been no final decision as to whether or not the County will be waiving or <br />amendable to agree to the request of the step 3 determination. Step 3 is <br />basically an administrative review of the department head’s conclusion and <br />findings and the appointed authority for that administration is the head of HR, <br />Ron Takahashi. It will be up to him to make a determination and he’s been in <br />communication with Corporation Counsel as to whether or not the step 3 <br />procedure will be waived. Nothing is going to happen overnight but it’s <br />unfortunate for the public because the department and the County’s hands are <br />somewhat tied. The Hawai‘i Revised Statutes specifically affords government <br />employees and employees in general, specific privacy rights as it relates to <br />their job, their job performance and disciplinary actions and the County is <br />bound to comply with those requirements. The County does not want to be in <br />a position where additional liability may be placed upon the County because it <br />didn’t comply with that requirement. <br />Chief Oliveira noted that to close up that issue, the department does try to <br />impress upon the new recruits, how fire fighters as public safety officers, are <br />held to a higher standard in the public’s eye and rightfully so. With that is <br />making good decisions and realizing the decisions you make reflects on <br />everyone. Chief Oliveira stated he is very sensitive to that issue and no one <br />appreciates the criticism the department gets for something they have no <br />7 <br /> <br />