2014-04-09 Board of Ethics Minutes

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6. UNFINISHED BUSINESS a. Petition No. 2014-01. Informal hearing of petition by Michael Drutar and whether the Department of Finance may find a violation of the Code of Ethics and sanction on the basis of that finding. Mr. Balsis: This is a very specific issue that we’re taking a look at and with that in mind, please step forward. I’m going to get out all my old papers here. Ms. Noda. Ms. Noda: Are we waiting for Ms. Schoen to return? Mr. Balsis: I think we’re going to continue. If we need, if there’s a point we need Ms. Schoen, she’s well aware of everything going on. Ms. Noda: I’ll start then. Good morning members of the Board. Diane Noda, Deputy Corporation Counsel representing the County of Hawai‘i, Department of Finance. I had appeared two months ago with Ms. Crawford and members of our Human Resources Department. By way of introduction I’d also like to point out if in case the Board has any questions or would like follow up information, also present with me is Nancy Crawford, Director of the Department of Finance sitting behind me as well as Nicholas Hermes, who is the Deputy Director of our Department of Human Resources, and prior to becoming Deputy Director last year he was in the position of Human Resources Manager but I paraphrase and call it, he was our Labor Specialist, the point person for collective bargaining negotiations and what not. He’s also had work experience with our State of Hawai‘i Department of Human Resources. Anyway, I had provided to the Board, I think you got it in the mail several days ago, a brief, a Memorandum in Opposition to Mr. Drutar’s petition because his position is that the Department of Finance cannot cite to, investigate or make a finding of an ethical violation. Before I quickly summarize what was provided in my Memorandum I do want to point out that I don’t think that Mr. Drutar had indicated that the Department had also cited to another County policy violation also. Mr. Drutar’s petition cites to the Code of Ethics Section 2-79(3) but as I pointed out, this section only points out, it says here are the procedures set forth in this section. He also cites to Section 2-86 of the Code of Ethics which provides for informal advisory opinions by this Board. However, that section specifically says that the employee himself or any other person, such as Ms. Crawford, may petition, file a petition with the Board asking for an advisory opinion. But the word may, makes it discretionary either for Mr. Drutar, any employee or the Department Head. There is no requirement in that section that says the employee, or the Department Head, or any other person shall, is required, is mandated, to come before this Board and request an advisory opinion. And as Ms. Leithead-Todd had pointed out there are myriad or circumstances that come up for our 2,000 plus County employees, ethical questions arise, or potential ethical issues or violations arise daily, weekly. Mr. Drutar also had complained in his petition that this is the only body that is a neutral arbiter to decide whether or not the Department can do it, and not included in my Memorandum though, I did want to point out that there is a specific process that is contracted between the Government-Employer and the unions representing the government employees. It’s specifically spelled out that there is a negotiated bargain for agreed upon process to have an employee who is unhappy or disagrees with any employment decision that they can contest it, and that’s through the collective bargaining agreements for all the various unions. 14