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jurisdiction and thus they have that. For Mr. Henricks’ question to Ms. Leithead-Todd regarding <br />the definition of the Appointing Authority, oh… <br /> <br />Mr. Henricks: Don’t worry about it, it’s done. You don’t need to address it we already <br />got it settled. <br /> <br />Ms. Noda: …ok, because I had Mr. Hermes bring the information and that it is <br />provided in Hawai‘i Revised Statutes 76-11, which includes the Department Head. So in <br />conclusion, and the last section I did want to point out is Ethics Code Section 2-91 which gives <br />the Appointing Authority power to discipline. As I had cited, that section specifically talks about <br />the Appointing Authority in this case, Nancy Crawford’s authority, that section talks about her <br />authority, which is to discipline, reprimand, put on probation, demote, suspend or discharge an <br />employee found to have violated the ethical standards. There’s nowhere in this section that says, <br />found by the Board of Ethics to have violated the standards. If that was the requirement then this <br />section needs to specify the finding must be solely by the Board of Ethics and that the <br />Appointing Authority does not have the ability to do so. Based on those arguments we request <br />that Mr. Drutar’s petition regarding this one issue be denied. <br /> <br />Mr. Balsis: Are there any questions? <br /> <br />Mr. Henricks: I don’t have a question, but I think I finally agree with you but not for the <br />same reason. <br /> <br />Ms. Noda: I’ll take it. <br /> <br />Mr. Adams: 2-91, actually your reading of that, Corporation Counsel reading of that, <br />that’s the first time that actually, if we take 2-91 as a part of the Code, the reading is that there, <br />because this Board does not have disciplinary power that the decisions, the opinions that are <br />provided, then provided back to the Appointing Authority, that’s where that, that’s the first time <br />that I’ve heard where that would be read alone without taking into account the rest of other <br />sections as part of this Code. That’s pretty interesting. As far as, is the Corporation Counsel’s <br />opinion also that the only exclusive jurisdiction, the only time that there’s exclusive jurisdiction <br />is when it’s specifically indicated in statute? <br /> <br />Ms. Noda: The jurisdiction for this Board to act is… <br /> <br />Mr. Adams: No, in general. It’s a general question. <br /> <br />Ms. Noda: I’m sorry. <br /> <br />Mr. Adams: So exclusive jurisdiction as a concept, the only time an entity has <br />exclusive jurisdiction is when it is so stated in statute or the powers of that. Is that Corporation <br />Counsel’s opinion? <br /> <br />Ms. Noda: So stated by statute… <br /> <br />16 <br /> <br /> <br />