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288 of the code, states that, the process is we have an informal <br /> hearing...then if the...person is who is complained against, <br /> right...doesn't like what the informal hearing says, not the <br /> petitioner mind you. Like Mr. Tucker. I don't know if you were <br /> here when Mr. Tucker was here. <br /> Mr. Robinson: I remember Mr. Tucker. <br /> Mr. Goodenow: Yeah...you see Mr. Tucker's big complaint was...well yeah <br /> informal hearing...I don't get to cross examine people. Well cross <br /> examination would be at a formal hearing...but under the code <br /> right here...he can't request a formal hearing. Only the aggrieved <br /> employee. Secondly...after that...even if we had a formal hearing <br /> and we cross examine witnesses and did all this...that doesn't... <br /> Then it would go to the department. And the department would <br /> have the chapter 91 hearing. If you look at section 2-88 of the <br /> code...there's a...there's two... (a) deals with the elected officials, <br /> right? And what we do...we refer it to the council. And if the <br /> council doesn't do anything, all we can do is make public...the <br /> charges...but shall make clear that the merits of the charges have <br /> never been formerly determined. That's after the formal hearing. <br /> In the case of the employee...on 2-88 (b)...it says we would draw <br /> up a complaint, okay...refer the matter to the appointing authority. <br /> The complaint must contain a statement of facts alleged to <br /> constitute the violations. Hearings shall be in accordance with <br /> chapter 91, Hawaii Revised Statutes, except that every hearing <br /> shall be private, no record shall be released. And that's all done in <br /> the department...not by us. <br /> Ms. Sumner-Mack: Well could we wait to discuss this...the individual problems until <br /> we get J's right... <br /> Mr. Goodenow: Yeah...I think we need that...I agree. <br /> Ms. Sumner-Mack: And then we...can be...and I'd be more up to speed for example <br /> and I could understand better what the issues are. But if it's just a <br /> matter of fines, we could you know...there's...if we suggest in our <br /> report...or whatever we submit. Suggest a way of handling this <br /> and they disagree with it...then they override us that's all. But we <br /> don't make the rules just by making the suggestion of having <br /> improvements to our language and some of our procedures. <br /> Mr. Goodenow: I agree. Oh sorry...did you wanna say anything, Mr. Wiseman? <br /> Mr. Wiseman: I sorta concur with that because it seems...a detailed explanation is <br /> a... There's a several variations here. You know I think we need <br /> 9 <br />