Laserfiche WebLink
advantage on the other end, of not only being able to say to a provider I’m going to select <br />you, but remember me when you select somebody else for services. You know what I’m <br />trying to say? Somehow I feel like there’d be an advantage there somewhere. <br /> <br />MR. KITA: Or at least an appearance of an advantage. <br /> <br />MR. HENRICKS: Yeah, because you would say okay—you wouldn’t actually say it, but it <br />would be a tacit kind of saying like okay, you can have the job, but don’t forget me kind <br />of thing. You know what I mean? When you make your decision who to get as a provider <br />in that job, don’t forget that I’m the one that referred you. Does that sound clear to you, <br />what I’m trying to say? <br /> <br />MR. BALSIS: I think what you’re trying to say is that while you are giving an individual <br />options, which is the appropriate way to do things, one of the organizations is an <br />organization which perhaps could contract you— <br /> <br />MR. KITA: --Correct. <br /> <br />MR. BALSIS: And while you are saying, and I have no reason to disbelieve you, that you <br />are being objective in the presentation of these options, there can be the perception of <br />propriety when you present the options. <br /> <br />MR. KITA: There could be. <br /> <br />MR. BALSIS: And I think that’s the issue. And that perception of propriety is not a good <br />thing. <br /> <br />MR. HENRICKS: What I’m trying to say also is even if you don’t say choose the one that <br />selects you, the fact that you’re in the process of being able to do that may give you an <br />advantage when they select somebody to actually make the services. You understand <br />what I’m saying? You must always remember that you have power up there and that you <br />can use this power and then at the same time, it would make them beholden to you in <br />some manner. Those are the things I’d be worried about. Would there be some <br />favoritism for you because of your position? And those are the, as he said, those are the <br />perceptions that people would get because you’re in the whole process on both ends of <br />the process. You’re on the receiving end and on the giving end, too. Does that make <br />sense to you? <br /> <br />MR. KITA: Somewhat. <br /> <br />MR. BALSIS: Go ahead, counsel. <br /> <br />MS. SCHOEN: I guess I wanted to point the Board to the Hawai‘i County Code, the fair <br />treatment section and the conflict of interest section. The operative terms used in both of <br />those sections are “use of the officer or employee’s official position,” or if you are taking <br />any type of official action. So in the conflict of interest provision it says “No officer or <br />employee shall take any official action directly affecting a business or other undertaking <br /> <br />