HomeMy WebLinkAboutCOM 0907.000 2022-2024 (� County of Hawaii ,�Y�oF;;
Office of the County Auditor 4.•�,�'~- 9,,,
County Auditor 120 Pauahi St., 309 r �i', ��4 : \i
County of Hawaii Hilo, HI 96720 ' ,OL rl
Office of the County Auditor F 808.961.8905 n `_
Ph 808.961.8386 dr �
www.hawaiicounty.gov q .°P•"A'�
May 24, 2024
Honorable Heather L. Kimball, Council Chair
and Members of the Hawaii County Council
Hawaii County Council ,
25 Aupuni Street
Hilo, Hawai'i 96720
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RE: Whistleblower Investigation Report 24-004 _- --t-H
Aloha Chair Kimball and Council Members:
We are pleased to submit the results of our whistleblower investigation for your review
and acceptance regarding unfair hiring practices and allegations suggesting nepotism.
This report is also available on our website https://www.hawaiicounty.gov/our-
county/leg islative/office-of-the-county-auditor/fraud-waste-abuse-hotline-reports.
Fraud, waste, abuse are often discovered thanks to employees and the public. To submit
a concern through our hotlines please call:
(808) 480-8213 (Fraud/VVaste) or
(808) 961-8379 (Abuse of Authority)
Or visit us at: https://www.hawaiicounty.gov/our-county/legislative/office-of-the-county-
auditor/inquiry-and-complaint
With Aloha, �■ ■0
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Tyler J. Benner � Q
County Auditor 0. I. } '-
Enclosures
cc. Mitchell D. Roth, Mayor
Deanna Sako, Managing Director
Sommer Tokihiro, Director of Human Resources Comm. No.
Ref. To: G
Hmvai`i County is an Equal Opportunity Provider and EmployeRef. Date MAY8 2024
UPHOLDING A CULTURE OF INTEGRITY
MAKE A DIFFERENCE CALL IT OUT, CALL IT IN
FRAUD
WASTE
,..
& ABUSE
IN GOVERNMENT
WHISTLEBLOWER INVESTIGATION REPORT
Report No. 24 -004
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Office o4 tiri _,FiU,i_ 1 L L r Rerr'
County Hawai`i'
120.Pauahi (: Q;,309 Hilo, HI, 96720
Abuse of Authority: 808.480.8279
Waste of Resources: 808.480.8213
Fraudulent Practices: 808.480.8213
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,... � '= Submit an inquiry at concern a@,hawaiicounty.gov
0 16:''4` Hawaii County is an Equal Opportunity Provider and Employer
•
About the Hotline.
The Office of the County Auditor (OCA) enhances transparency and accountability by operating
a hotline for reporting waste, fraud, and abuse. Tips to the hotline by employees or citizens
support the County's commitment to integrity and responsible governance.
What was reported.
Multiple reports were received regarding unfair hiring practices and allegations suggesting
nepotism.
What we did.
OCA conducted an investigation, interviewed personnel, gathered and reviewed documentation,
identified process gaps, and provided recommendations.
What we found.
• While the State of Hawaii Ethics Commission enacted a Nepotism' Law on July 11, 2023,
the County of Hawaii does not have a similar policy.
• Neither the Department in question nor the County has a formal process to address
conflicts of interest during hiring.
o Interview panels have insufficient time (sometimes 30 minutes or less) to identify
and declare potential conflicts when receiving applicant lists.
o A Supervisor did not declare a potential conflict of interest, seek clarification, or
recuse themselves from the hiring/interview panel.
o Hiring staff had an inconsistent understanding of how to seek clarification for
potential conflicts of interest.
o Departments could limit the applicant pool by field-testing candidates before
interviewing them. In the investigation's case, only the single employee with the
potential familial relationship advanced to the interview panel, circumventing
competitive recruitment.
1 State of Hawaii State Ethics Commission.New State Nepotism Law Effective July 11,2023.House Bill 717
https://www.capitol.hawaii.gov/sessions/session2023/bills/HB717 .HIM Date accessed:5-23-24
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What we recommend.
To ensure all candidates are hired based on merit ability and are free from actual or perceived
bias, we recommend the Department of Human Resources (DHR):
1. Develop a comprehensive Countywide policy to ensure that the hiring and promotion of
relatives are conducted fairly and impartially, in compliance with the new state nepotism
law.
2. Update Countywide hiring processes to include:
• Applicants must clearly state any familial connections or conflicts of interest they know
or should know about.
• Employees evaluating candidates must also clearly state any familial connections or
conflicts of interest they know or should know about.
3. Set clear rules for all hiring steps to ensure that candidates are chosen based on their
qualifications, skills, and suitability for the job, consistent with the merit principle.
Closing.
Adopting these recommendations ensures merit-based hiring free from bias. A clear policy in
line with state nepotism laws, will improve fairness. Requiring applicants and evaluators to
disclose family connections and conflicts of interest will enhance transparency. Clear rules for all
hiring steps will ensure candidates are chosen based on qualifications and suitability, fostering
public trust and promoting fairness in the County's hiring practices.
We look forward to the County implementing our recommendations in good faith. Fraud, waste,
and abuse are often discovered due to employees or the public taking an active interest. We
encourage anyone knowledgeable about bad practices or behavior to contact our hotline.
Mahalo.
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