2013-12-11 Board of Ethics minutes

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values began with the current year, 2013-2014, for which no changes were necessary. This was predicated on the sales ratio study that indicated a 95% ratio of assessments to sales. In the future, should the market dictate that values be adjusted upward or downward, I will make those changes en masse, based solely on my research and not on a self-serving whim. Each year the results of our analysis must be submitted to administration for further review, where special scrutiny is given to those areas where the appraiser resides, such as mine. There is a system of checks and balances in place, as well as an audit trail maintained by our computer system, where each and every change can and will be traced. In closing, I must say I enjoy my job and would not do anything to jeopardize the reputation and integrity that I’ve built for myself, nor would I do anything to jeopardize my career with the County of Hawai‘i. Thank you. The petitioner, Michael Drutar, had walked in while Ms. Veincent was testifying. Mr. Balsis noted his presence, and Mr. Drutar apologized for being late and explained that he was not aware of the road work being done, which had delayed him. Mr. Balsis asked Ms. Veincent and Mr. Sitko to take their seats, and asked Mr. Drutar to come forward. He explained to him that they were taking Petition Nos. 2013-05 and 2013-06 together, as they were the same in nature. He noted that Ms. Veincent had made comments and asked if Mr. Drutar would like to comment. MR. DRUTAR: Thank you for the opportunity to speak. In my time working for the Department of Finance, I have witnessed an ever present and growing nature displaying capricious behavior on the applications of the Hawai‘i County Code, the Code of Ethics, and the Hawai‘i County Charter. This lack of consistency has created an environment where County employees have been assigned tasks which are possible violations of Hawai‘i County--of the County of Hawai‘i Code of Ethics. Leadership at the Department of Finance has either determined that they are exempt from following the Hawai‘i County Charter 14-5 related to the Board of Ethics and the Code of Ethics found in Hawai‘i County Code, Article 15, or they have simply chosen to seize the authority, rights, and duties granted to the Board of Ethics under the Hawai‘i County Charter. Specifically, the Department of Finance has decided on their own accord that they alone can determine ethical violations and issue judgments, and that any action taken by or signed by the Department of Finance is by definition acceptable and legal. In doing so, they have chosen with the knowledge of Corp Counsel, and the Board of Ethics Corp Counsel representative, to disregard the first function of the Board of Ethics, as listed in Section 14-5(a) of the Hawai‘i County Charter. The Hawai‘i County Charter, 14-5, creates the Board of Ethics and grants the Board authority in interpreting the Code of Ethics. The Hawai‘i County Charter does not give any other governing body, entity, or person the authority to interpret the Code of Ethics. By explicitly creating the Board of Ethics and granting the Board with its powers, and not explicitly granting the same powers to the County of Hawai‘i administration, the intent of the Hawai‘i County Charter is clear. Only the Board of Ethics and not the County of Hawai‘i has the authority to render valid opinions on ethics matters. Many County employees working in various departments