Laserfiche WebLink
Mr. Henricks: Yeah, I have a comment. I think I might tell you why my position has <br />changed and I’d like to note why. We can start with 2-91, that’s what we have to start with so <br />that’s the basic thing, that’s where the County’s involved right? With the so called Appointing <br />Authority, question does she have the ability, as you state here, to make a finding of violation of <br />the Ethics Code. Do 2 people have the ability, the Department Head has the ability and we have <br />the ability, as 2 people. Can we both have the ability to do it, my finding is yes, it has to be that <br />way because that’s the only way it works. I’m thinking from 2-91, and I’ll send you back to <br />section 14-5, alright, 14-5 states very clearly when the, section d, when an issue is brought before <br />us for a violation of the County Ethics Code we must make a finding and we must make it <br />public, alright, we got a clash right there, with employees’ rights and Ethic Code 14-5d. The <br />employee has a right, not only a right, but it’s according to law, everything you do in disciplinary <br />is confidential. It cannot be public, therefore, we have 2 different bodies doing 2 different <br />things. What you are doing is confidential, what we are doing must be opened and published. <br />We can’t have them living together so you must have 2 different authorities interpreting this <br />Code if you’re going to do it under 2-91. Both of us have the authority and that’s the way I <br />would see it at this point because we being public and you being confidential. That’s my <br />comment. <br /> <br />Mr. Balsis: Any other comments or question from the Board here? At this time I’d <br />like to entertain, would someone like to make a motion and we can move forward into final <br />discussion and we can make a decision? <br /> <br />Mr. Henricks: I’ll make my motion and I’ll move that the advisory opinion to show that <br />both the Board of Ethics and the Department have the ability to make a finding of the Code of <br />Ethics. <br /> <br />Mr. Adams: I didn’t understand that. <br /> <br />Mr. Henricks: Both the Department and both of us, both the Board and the Department <br />has the authority to make a finding as to a violation of the Code of Ethics because of Section 14- <br />5b… <br /> <br />Mr. Balsis: And sanction on the basis of that? <br /> <br />Mr. Henricks: No we cannot sanction, they can sanction, but I think they have the right to <br />make a finding also because 14-5b came into our kuleana we would have to make it public, and <br />they cannot make it public. So therefore, they have the right to make it private, they’re the only <br />ones that can, we can’t. So the protection of the employee is with them, not with us. <br /> <br />Mr. Balsis: Do you need clarity on that motion? <br /> <br />Mr. Adams: I can second but I would amend that. <br /> <br />Mr. Balsis: Okay, you second the motion? <br /> <br />Mr. Adams: Sure, I can second it. <br />20 <br /> <br /> <br />