2008-04-09 Board of Ethics Minutes Regular Session

Home

Some are at -will employees, who can be terminated at any time. She referred the question to Diane Noda, who represents the County's Human Resources Department. Ms. Noda said the majority of the County's employees are civil servants hired in accordance with the civil service laws for the state. There are a few exceptions, however. Ms. Lum said it would be a double standard if civil service employees could not be fined, but non -civil service employees could. Mr. Dill suggested they wait and see what the Council ended up doing. The Chair asked if the final reading was today, and Ms. Schoen set it was set for final reading. However, since the Council was working on Draft 3 and there were proposed amendments, she could not predict what would happen. It could get postponed again. Mr. Dill suggested that depending on the outcome of the hearing, they could take a look at the final or almost final form. Ms. Schoen said she could email them what the Council looked at today. The Chair pointed out that Mr. Ashida's Communication No. 2008 -42 gave an update on the union's opposition to the bill and how the Council is writing into the bill a requirement that the Board adopt rules prior to the assessment of any fine. Ms. Lum questioned whether "any County officer," as written in Mr. Ashida's draft sent to the union, would include all employees. She looked up the definition of "officer" in the Code and noted that it does not include County employees. She and Ms. Malanka indicated they would prefer that the bill include County employees. The Chair said his understanding is that there are specific rules which govern civil service employees, and if one should violate the Code, they could be disciplined through their own department. He felt satisfied with the current bill. The Chair explained that he initiated the bill and when he did so, his intention was to include the officers and not focus on the employees, who are covered by their own unions and face their own disciplinary procedure. Ms. Lum said it felt like a double standard to her. Mr. Dill said that he could foresee a problem if all employees were included. If a civil servant with an allegation of wrongdoing against him were brought before the Board, much time would be spent in deciding whether the Board was the right venue to hear the case. In addition, anyone representing a civil servant would tell the Board they have no right to hear the case. Since civil servants come under union contracts, the Board could be meddling in something not in its domain. The Chair said he had not seen a civil servant come before the Board for a violation, but he did see their supervisors come before the Board, and Mr. Dill said that is as it should be.