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Home My WebLink AboutCOM 0548.000 2002-2004 F[uv; Tc Fe:r 961891: Fege I of a, Fviday, denmvy 1G, ?001 Ga9an ' ( I L i~ F=lt.. 2064 JAN 16 AEI 7 37 January 16, 2004 C~,~ ~ , I i1~.WFJI COUi~ The Honorable James Y. Arakaki Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Dear Chair Arakaki: Attached is a recent decision by the F_awaii Cowtty Board of Ethics responding to our petition against Wendell Hatada for violating the Code of Ethics that we feel deserves some attention. We havz decided to pursuz this furthzr becaasz of the improper way this Board conducted itself during our commmuications with them on this matter. Mr. Hatada is actively involved in decisions in our gavzmment and in communications to Boards and Commisions and we believe the f;ene:ral public and this Council has the right to know of A- IJ.....J ' 1 1. I i~u. Ilnlnua S'vivtati3n. As "y'va nilOV., ~,G~ciitilient Ilan a reliutahOil Ot SlfppreSSing iiegali've information on any government employee. We are hopeful that you will agree with us that this must be addressed in an open fonun giving the public the right to provide you and the Council with any other infomlatioul. We respectfully request that you eithE;r assign our communications to a committee, or hopzfitlly, to the tldl Council, for inforration and testimony. Siac°erely, 7'h.om,cvx R was v chr~~~ { a.rd, Thomas Russi Christine Paul 73-4422 HoloHolo St. Kailua-iiona, HI 9674ti-9307 attachments c: Hawaii County Board Ethics The Honorable Curl:is Tyler The Honorable rar,~ Safarik d~ ~1 l ~ ~ar~ ~Sgfalr~k otnd Culls Tf{er-~s reCCamm-enda{i~ . S S ~ll~11 Comm. No• 5 Ref. Tol W ~ Ref. Uate OcA~ber9, 2003 The Honorable Harry Kim O ce of the iviayor 25 Aupuni St. u:i~. u....,,.: ' ~~~~n 1L/V, L1~iW Ql i JV/LV Rey Informal Advisory Opinion, ~'4'endell Hatada, Petition No. 2003-OS Dear Harry: We ate in receipt of a copy of your OcUiber 3, 2003 letter to Wendell Hatada, Executive Assistant in regards to the above-referenced petition, thank you. We were hoping that your letter would give us closure to this matter, especially because we spoke to Bobby Jean, Lincoln and sped' iaally Dixie and explained what we needed for closure but it has not. Even though you have received a spy of the Informal Advisory Opinion, we are not sure you understattd what other rights of our.u were violated by Mr. ] Iatada unless you address them. As you know, in an attempt to keep you $om hearurg the gape of Mr. Hatada violating our rights to information, the Eoard o1~Ethics violated the Sunshiny. Law while you were present at their August 13, 2003 meeting. They did not take statements from the public on agenda itcliis wiiicii wciuld have a ¦i vrded iii tiic Gppo~iuiiiiy to pia"y' yciti ilic tape. EVcti though we allowed them to do that, we need to know that ;von know the entire situation with Mr. Hatada and ask you to address one neglected conc:erni of ours. Would you please address the facr. that ]Vir. Hatada denied us intiirmafron in the form of a record request to ltis otTice for 2 }'ears t~ecause he felt he deseirvixl money from us because of a bet that Tom and he made about Wood "fait. In other words. Mr. Hatada denied us records under 92F because he felt Tom °~wed him money and lie felt Tom was a liar becrose of that. We are asking you, sigain, to please give as ~6osure. Sincerely. rhom.ay 12uk3~ . Ghri.St~ivte~ ~arcL • 73-WW2?. HoloHolo St. Kailua-Kona, HI 95740-9307 :;~U; 7c Fes: 3E 189:. Page ' of 5, Friday, aanuaiy 1Q ?001 5aien Board of Ethics Petition against: Wendell Hatada C>tTice of Information and Complaints County of Hawaii Cam( 1v~1.F, . 5TF 'TATEh1F.NT OF FAGT,~: On .fuly 24, 2001, while checking with a cherical employce of the Office of Information and • Complaints about aten-clay-old record renrleGt we, had ma<lr to them, we were put on hold. Wendell Hatada abruptly came on the phone, became extremely agitated and began to say intirnida.ting and threatening remarks to xs, even as we tried to make the record request clear to him. STATEMENT OF T}iE POSITI6'ty OA. C_i_lN" I:NTIi)N c _r_Ti iE PETt i ivNER: We feel Mc Hatad.a's actions violated I:Ire cage, of ethics. His unprofessional and threatening remarks were tmfair, very discourteous and very biased which flies in the face of the Code of Ethics. Although ,Ne hawe made every attempt to resolve this over the past years acid have tried to keep from fiHug this, coatplaint, we Have been unable to receive any cooperation from the County of Hawaii. Mr. Hatada was also advised by Lincoln Ashida, not to c,~mmunicate with us any further tnd N1r.:Hatada infirrmed the State Ombudsman that 5pe were ittgtn lr_.teri tp ~n thrni~=,l? tl-e I,lfiige ,nf tltr_ C'nrn.-ar~_Itin!? ('.ni~ncgl if we ner_{Ird to comrnunicate with Mr. Hatada's office ~r*~hich again is nanfair. Thomas Russi Christine Paul 73-4427. HoloHolo St. Kailua-Kona, HI 96740-9307 Ewav Tc Fa:e 9E189"i. Faye 9 of 5, FriAey, Jenuuy 1C, .000 6: Haa i Rddn K. Mat4eldgfl OmdWanrn Dome M. Woo FYet PuaeMarM t]FF!Gf 1~THE LIIl9UQSNAk SPATE OF HAWAa 4di S>uM grip S766F, Fbor Hcrdulu, liawei Bad13 Tol: 808u8Y-07T: I'ar' 806.587.9773 ^Y: 8ve-5E7$774 rror7~~r b®omlwdamen.atMe.hi.ua In ropy, pebae 7sfar m: #02-4794 (DW) June 1'T, 2003 Mr. Thexnas Russi Ma. ChdaHne Paul 734422 Hobhob Street ' KeuMUa-iCone, HI 913740-g:~07 Dear Mr. Russi and Ms. Paul: Re: Your Letter Dated May 30, 2003 This is to acknowledge the receipt of the above-referenced letter via facsimile and email, tDgether with the .wav file that was attached to the snail, which you state is a recorded oortver.~tbn Of July 24, 2001 between Nr. Russi end Wendell Hateda, Executive Assistant to Mayor Harry Kim. In your letter, you requested that we correct our November 7, 2002 letter to you baled on our review of the recorded conversation. Please be advised that we will not eanect the November 7, 2902 letter as ft axuratety reflected ewr inquiry and conversation with AAr. Hateda. In reviewing the .wav file, we canrat conclude that Mr. Hateda intimidated you during your conversation. In fad, when you asked Mr- Hateda whether he was threatening you, Mr. hlatada denied doing so. As to x?iether Mr. Hateda was distlonest when he told our office that he spoke with you'Yery politely" during thfa teNephone conversaation, cannot make a finding without first allowing Mc Hatteda to respond. Hawever, as you have requested that wee keep the retarding confidential, we are unable to seeM. a rss~~onse from Mr. Hateda. A copy of the recorded conversation will >e maintained in nur c:as9 file on this meRar. Sirscerny yours, DONN,4 M. WOO FraKAssistant ~ Approved by ROBIN 1C MATSUn~AI`aA Ombudsmen DNIW:a~a Maw4F W4-4000 • Maui 9&-2Mq • Kauai 21x3141 MubMe1. Ls,ei t-a0pA8(I.4664 NeiQliEOr 611aM IiIBillpr,B %-70~R0, h%%-70773. 'T' 270774 F.oe; To fax: 94189.. Faye 5 of Fnde]r, devuavy 1G, 3004 r: 19an ~,..r. Dixie Rnctsu sassy Klm ~ • Maaagiog Dileacr Mayor ~ rates L. Hendsicl;s ~r M~a nasro. ~;ourltp of ~abuai'i , 23 AupuW Strca. Raom2t5 1 fSO~,Aawuii 96720-4252 • (808) %1.821 l • Fsx (808) %1fi553 1CUNA: 75-57061(ualdei Fatyway, Suite 103 • Hnilva-Aova, liawaiti 96740 (N18) 129-5716 • Pu (808)3?6-Sti63 October 3, 2003 Weddell Hatada Facecutive Assistant 'J.~.ace of the I:4u;cr 25 Auptmi Street Hilo, Hawaii 96720 Dear Wendell: I have recoived the Informal Advisor,} Opinion from the Board of Ethics, concluding that you violated the Hawaii County Code of 3thics Section 2-83(u~(3). Attached is a Dopy of this opinion for your information. ' Gt 'L .i .Y CC....a ...:11 ~..~a Le l..l e....~ 1.~. tae Rware tbaf iite type Ur odaaYiuY iie:+r,a«, in us8 xr'"uxsia,ya ua raffia wua uv,. vv waca v~ this administration. Allpoople ore to be tre~ued in a courteous., fair and irnpattial manner, as regtaired by law and common sense. Yonu, aro hereby on notice that ttds shall not lhappen again. Harry Kim MAYOR AttEU:hment cc: .Thomas Rusai Christine Paul ..uu. To @ex: 9E1 B9i4 pege F of 5, F[i9ey, denuacy l6, 900i G: 14en f 1 f Board of Ethics 101 Aupuni 5trast, Suite 325 uli~ uayyapi saa>2n BEF"OF;E THE CiOARD OF ETHICS - CGIJM1UTY OF HAWAII In tha Matter of the Petftlon for an ) PE'TI710N N0.2003-OS Inforrnat Advisory Opinion ) ] ~ of ) ~ THOMAS RUSSI and CHRISTINE: PAhrIL ) i Petitioners. ] - S:bC12003-05 RuasVPaul•Hatetla Inf.4d opinlon 9.03 BLTpc.doc INFORMAL ADVISORY O~?INION By Petition dated May 30, 2v~3, Thomas Russi and Christine Paul (hereinafter "Petitoners'), requeslec that the Hawaii County Board of Ethics (hereinafter "the Board"), issue an informal advisory opinlon concerning whether Wendell Hatada, Office of Informatics and Complaints fnr the County of Hawaii, violated Section 2-83(a)(3), Hawa~'i r7ounty Code. Section 2-83(axiJ), provide:a: Section 2-83. Fair trea.tm~ant. I (a) Officers arxJ employees crf thE: County, white discharging their duties and dealing with the punfic, shall ad'nAre try the fiatiawit~ praoepts: ~a~ eu ..o.n.,.,~~ ~V,nlr ti< treated i.^. a rprmfanr~c_ fair and impartial . N manner. F:ox: Tu Fex: 9E1891. Page 7 of Fudey, aenmry 16, 1004 G; 14an Petitioners alleges that they have been the reclpien¢s of unfair and discourteous treatment bythe Respondent tai thtlt Respondent made untumidating and threatening remartcs to them on July 24, 2a)1 when they called to checa< on a record repuest. The Board, at its duly noticed meeting of August 13, 2043, heard and considered , the above-captioned petition pursuant to Rule 4 of the I~oard's Rules of Practice and , Procedure. Petitioners were prv~sent and testified at this meeting. Respondent was represented at the meeting by Depur<r Corporation Counsel, Joseph Kamelamela. The Board, having examined and welgrie4l the evidence submitted by Petitioner and Respondent, hereby renders the fallowing Findings of Fad, C;ondusians, Dedsion and Order. FIj~DIIUGy OF FACT 1) Petitioners played a Laps rs4xxdinp of the conversaton with Mr. Hatada. The tape as played for the Board o ily had a conversation between Mr. Rossi and Mr. Hatada. Ms. Christine Paul's voice ~nras not heard o,1 the tape. Mr. Hatada was unaware that the conversation vvas bning tape recorded. 2) Petitioners tailed the Otfce of Information and' Complaint on or about July 24, 2001. while checking wkh airo employee of the 7ffcra regarding an intomnation requesk Mr. Hatada came on the linen Mr, Flatada stated several times that Mr. Rossi should not'play those silly gamey with the Office. Mr. Hatada also stated that he was ~ "getting rived of your BS" to Mr. Russi. Nlr. Hatada later stated, "Well, don't you dare play your games with me ar my office." Mc Russi asked if hAr. Hatada was threatening him Mr, Hatada responded,'fvoo I'm n45t." Mr. Hatada also called Nr. Russia °liar" acid in response to Mr. Russi's questNm regarding when Mr. Russi Iled, Mr. Hatada nsponded, "when you told me you z were going to come down hare, the no;d day, with your money in hand, Mr. Russi." Mr. Russi mentioned abet" between him and Mr. Hatada. There was no response by Mr. hlatadx th Mr. Russi'regariilx~ ~'se alleged bet 3j Mr. Fiatada sent a me!norandurn on plaivr paper, dated July t, 200.3, addre+ssed to Mr. Thomas Russi and Christine Paul and to Chairman Leroy Victorine, Boarci of Ethics. In the memorandum Mr. Hatada apoirx3i.red for his "discourteous and therefore unprofessional behavior" 4) Mr. Fiatads's written apology was sent tc Mr. Russi almost two years after the inddent. 5) To the extent the!: ttxse findings of fact constitute contusions of law, the Board so conGudes. ,;.pNC I N Based upon tho information provided by Petiiionars in their petition and in their testimony, and itre written testirnory presented on beh,3lf of Respondent, the Board finds and conGwies that: i f) Pa'~tt;oners have p~rovec, oy a pra~ionu'etaiice of the evidence presented, that Respondent failed to treat Petitioner in a courteous manner. 2) Petitioners have proved, by a preponderance of the evidence presented, that Respondent violated the Hawai i Cn!.!nt;r Code of r=thic~ Sadion 2-ti3(a)(3). r!r=C!SI4N 1) Pet(ttoners have proved, by^ a preponderance of the evidence presented, that Respondent violated the Hawaii county Code of Ethics, specifically, Chapter 2, ' Article t5, Section 2-133(a)(3). ' 3 Fipy; Tu Fes: 96189-~ Page 3 4f 9, Fuday, da~mazy l6, 201 6: 19an I~ QjDER 1) This informal advis<~r) o~alnlon shelf be fiir:d and fonvarcled to the FetlCioners; Responderrt, Wendell hlatada; and Mayor Marry Kim. _ DATED' ~=f~" I D ~A43 BOARD OF ETHICS, COUNTY OF HP~WAI`I B. ~ 7O~ LE VIOTORWE !ts airman APPF:OVED AS TO FORM ANC LEGALl7Y: OB EIT!•1EP~D-TO[lD ~~~RN L Deputy Corporation Counsel S:Et&C1BOL~2003-diRusai-FLtedalInrAdC~pLiionBI.7'pc9-0?.dw . 1 i t f 4