Laserfiche WebLink
brought the wrong file...somebody's divorce paper work. If I <br />ramble a bit...excuse me but I'm going to try and go start with this. <br />You know if you look at Rule 5 and in particular 5.3. It says...the <br />Board in resolution may authorize a three-member committee, the <br />Board as a whole, a single member of the Board or the Board's <br />staff, to conduct all or part of an investigation or hold an <br />investigatory hearing...so what you have in our rules anyway...I <br />wouldn't say it's been our practice...but in our rules...I mean <br />technically you could by resolution say oh we want Ku to go <br />investigate and look at all the documents and ask witnesses. And <br />you would have all these powers. You could subpoena someone <br />and you know in a system like Honolulu where they have a staff <br />and an attorney. You know maybe that approach is good. But <br />that's kind of like a philosophical difference from what we have in <br />paper and in comparison to our practice which is very similar to <br />what Maui actually does in its rules. And I like Maui's rules in <br />that it...I thought the language was really clear and easy and what <br />the process is...you know I handed out at the last meeting that we <br />had...a little flow chart. There was Hawai'i County and Maui. <br />Now that flow chart I brought copies but of course I don't have <br />them with me. If you still have that...you look at that. In Maui <br />you just have the...so the chair and the legal counsel review the <br />complaintive...a complaint they call it and they make <br />recommendations on how to process it. That goes to the full <br />board...they might say there's not enough here...but at the first <br />hearing they do that...then they go to an informal hearing. Which <br />is kind of very similar to what I would think of is how a...in a <br />settlement conference with a judge right. Okay what are you <br />gonna say at the hearing right. Well we...look we have this paper <br />its showing this and oh department what are you gonna say? It's <br />very informal and we ask questions. And this has come up with <br />the guy that said he didn't have the right to cross examine. Well <br />that's still an informal type of stage. And then Maui if...if they <br />don't comply they do an informal advisory opinion...they don't <br />comply...then it can go to a formal hearing. That's pretty much <br />the basic structure. That's basically I think what we do. When <br />you read our rules...I think it's a whole different philosophy. The <br />way our rules are written we have much more of an investigatory <br />function. I mean maybe we should get a gold badge for Ku here <br />and she could go to the department and say...ethics bureau I want <br />to see all these documents. Maui is much more you act in an <br />adjudicatory function where it's the plaintiff who brings the <br />complaint versus the defendant whoever it is...the employee <br />say...okay. That whole approach when you...you there is some <br />investigatory aspects to that when you're in the informal hearing. <br />Oh what would you say? What are you doing...right? You get <br />