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Home My WebLink AboutCOM 0548.002 2002-2004 Ecom: To Fax: 9618912 Pege 1 of G, Wednesday, Mamh 19, 2004 12:39pm h~.~, ' , ~G04 ~1AR I7 Pfd 12 o March 17, 2004 COUfJI ~ ~,,,,,;i~~~, The Honorable Gary Safarik, Chair Council Members Committee on Public Works & Intergovernmental Relations Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Far Comm # 548 Christine Paul Submitting the Apology Letter from Wendell Hatada After a Petition was filed for His Violation of the County Code of Ethics Dear Chair Safarik and Council Members: I have attached the above-referenced letter of apology dated July 1, 2003 from Wendell Hatada. As you can see, although Mr. Hatada made a sincere apology, it was only after my husband, Tom, and I had already filed a petition with the Board of Ethics. In other words, we had previously teed to communicate to Mr. Hatada and asked for an apology for more than 6 months which he ignored until we 51ed our petition. Also, we felt his letter of apology, although worded quite graciously, was not only late, but it was written on blank paper instead of County letterhead and was also sent to the Chair of the Board of Ethics which we thought was inappropriate. Please include this letter and the information I have attached as communications for this agenda item the and also place them on your agenda for the April 6, 2004 meeting for the public's review and testimony. Sincerely, CYtvibt%vte ~aticL Christine Paul 73-4422 HoloHolo St. Kailua-Kona, HI 96740-9307 attachment Comm. No. Z Ref. To: w Ref. Date Pvom. To Faa: 9618912 Page 2 of 2, Wedvesdey, Mamh 17, 2009 12:39pm 1 I MfMD,PANDUM 3 T4: Mr. Thomas ltussi and Christine Paul Chairman Leroy Victorine, Board of Ethics rQOM: Wendell Hatada ~i~~ ~r"" F DATE: .rely 1, zoo3 ~d~fOT: Petition No. 2003-OS ~i I Although Petitioners statement does not fully reflect the situation, as an employee of the County of Hawai`I, I apologize for my discourteous and therefore unprofessional ~ behavior. I recogaiTe that my behavior did not reflect the professionalism and integrity ~ of this Office and I will be faced to rectify this matter. I hope my apology will bring this period of confrontation to a close and a new era of mutual respect and cooperation will emerge from this. Thank you for your consideration in this matter. i i I i i i i prom: mo Pax: 9618912 Page 1 of 6, Wednesday, Hach 17, 2004 1241pm f ~L..' March 15, 2004 ~Upy ~flfl 1? Pfd 17_ "6 'the Honorable Gary Safarik, Chair - ~ ;,~"dell Council Members r~Ul`d I ' Committee on Public Works & Intergovernmental Relations Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: For Comm. # 548 Thomas Russi and Christine Paul Submitting the Board of Ethics Fmdings that Wendell Hatada Violated the County Code of Ethics Dear Chair Safarik and Council Members: shank you for placing our communication on your Apri16, 2004 agenda (Comm.548) Please also include the attached information as communications for this agenda item and also place them on your agenda for the public's review and testimony. Attached is the decision by the Hawaii County Board of Ethics responding to our petition against Wendell Hatada for violating the Code of Ethics that we feel deserves some attention. We have decided to pursue this further because of the improper way this Board conducted itself during our communications with them on this matter. Mr. Hatada is actively involved in decisions in our govemment and in communications to Boards and Commissions and we believe the general public and this Committee has the right to know of Mr. Hatada's violation. As you know, govemment has a reputation of suppressing negative information on any govemment employee. We are heartened that you agree with us that this must be addressed in an open forum giving the public the right to provide you and this Committee any other information regarding Mr. Hatada or any other government employee that has violated the law. We respectfully request that you put this communication and all of our attachments on your April 6, 2004 Agenda for the public's information and testimony. °::::,erely, rh~o-mctsRwaav Chv%strvt~ haul 73-4422 HoloHolo St. Kailua-Kona, HI 96740-9307 attachments Fcom: To Fax: 9618912 Page L of 6, Wednesday, March 19, 2004 12: 41pm gamy Kim ter' - ~,~4 Dirzie Kaetsu Maoagiug Dum[or Mayor ~ ~ Peter L. Heti~icks ..N 11~.~~ Deputy Mam~j Daaaor ~ountp of ~abnai'i 25 Aupwi Street, Room 215 HOo, Hawaii 96720-0252 • (808) 96L62I1 • Fax (808) %1fi553 KONA: 75-5706 Kual®i rlig6way, Suite ID3 • Kailva-Km>, Hawai'i %740 (808) 329-5226 • Faz (808) 326-5663 October 3, 2003 Wendell Hatada Executive Assistant Office of the Mayor 25 Aupuni Street Hilo, Hawaii 96720 Dear Wendell: I have received the Informal Advisory Opiaion from the Board of Ethics, concluding that you violated the Hawaii County Code of Ethics Section 2-83(a)(3). Attached is a copy of this opinion for your information. ' Be aware that the type of behavior described in the Findings of Fact will not be tolerated by this adalinislration. All people are to be treated in a courteous, fair and impartial manner, as required by law and crttnmon sense. You are hereby on n/otrice that~this shall not happen again. `~[/W~ Harry TCim t MAYOR Attachment cc: .Thomas Russi t:hristine Paul From: To Pax: 9618912 Page 3 of 6, Wedueaday, Mecch ll, 200a ,.pm Board of Ethics 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 BEFORE THE BOARD OF ETHICS COUNTY OF HAWAII In the Matter of the Petition for an ) PETITION NO. 2003-05 Informal Advisory Opinion ) ) of ) THOMAS RUSSI and CHRISTINE PAUL ) Petitioners. ) s:bc~2003-05 RussUPaul-Hatada Inf Ad opinion 9-03 BLTpc.doc INFORMAL ADVISORY OPINION By Petition dated May 30, 2003, Thomas Russi and Christine Paul (hereinafter "Petitioners"), requested that the Hawaii County Board of Ethics (hereinafter "the Board"), issue an informal advisory opinion canceming whether Wendell Hatada, Office of Information and Complaints for the County of Hawaii, violated Section 2-83(a)(3), Hawafl County Code. Section 2-&3(a)(3), provides: Section 2-83. Fair treatment. (a) Officers and employees of the County, while discharging their duties and dealing with the public, shall adhere to the following precepts: (3) All persons shall be treated in a courteous, fair and impartial manner. Pmm; To Fsx: 9618912 Page 9 of 6, Wednesday, March it, 2009 12: 41pm Petitioners alleges that they have been the recipients of unfair and discouAeous treatment by the Respondent in that Respondent made intimidating and threatening I remarks to them on July 24, 2001 when they called to check on a record request. The Board, at its duly noticed meeting of August 13, 2003, heard and considered , the above-captioned petition pursuant to Rule 4 of the Board's Rules of Practice and Procedure. Petitioners were present and testified at this meeting. Respondent was represented at the meeting by Deputy Corporation Counsel, Joseph Kamelamela. The Board, having examined and weighed the evidence submitted by Petitioner and Respondent, hereby renders the following Findings of Fact, Conclusions, Decision and Order. FINDINGS OF FACT 1) Petitioners played a tape recording of the conversation with Mr. Hatada. The tape as played for the Board only had a conversation between Mr. Russi and Mr. Hatada. Ms. Christine Paul's voice was not heard on the tape. Mr. Hatada was unaware that the conversation was being tape recorded. 2) Petitioners called the Office of Information and Complaint on or about ;:;fy 24, 2001. While checking with an employee of the Office regarding an information request, Mr. Hatada came on the line. Mr. Hatada stated several times that Mr. Russi should not "play those silly games" with the Office. Mr. Hatada also stated that he was "getting tired of your BS" to Mr. Russi. Mr. Hatada later stated, "Well, don't you dare ° play your games with me or my office." Mr. Russi asked if Mr. Hatada was threatening him. Mr. Hatada responded, "Nc, I'm not.° Mc Hatada also called Mr. Russia "liar" and in response to Mr. Russi s question regarding when Mr. Russi lied, Mr. Hatada responded, "When you told me you z Pmm: To Fax: 96]8912 Page 5 of 6, We~neseay, Mamh 19, 2004 1291pm were going to come down here, the next day, with your money in hand, Mr. Russi." r. Mr. Russi mentioned a "bet" between him and Mr. Hatada. There was no response by Mr. Hatada to Mr. Russi regarding the alleged bet. 3) Mr. Hatada sent a memorandum on plain paper, dated July 1, 2003, addressed to Mr. Thomas Russi and Christine Paul and to Chairman Leroy Victorine, Board of Ethics. In the memorandum Mr. Hatada apologized for his "discourteous and therefore unprofessional behavior." 4) Mr. Hatada's written apology was sent to Mr. Russi almost two years after ine incident. 5) To the extent that these findings of fact wnstltute conclusions of iaw, the Board so concudes. CONCLUSION Based upon the information provided by Petitioners in their petition and in their testimony, and the written testimony presented on behalf of Respondent, the Board finds and concludes that: I 1) Petitioners have proved, by a preponderance 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 County Code of Ethics Section 2-83(a)(3). DECISION 1) Petitioners have proved, by a preponderance o);the evidence presented, that Respondent violated the Hawaii County Code of Ethics, specifically, Chapter 2, Article 15, Section 2-83(a)(3). 3 Prom: To Pax: 9618912 Page 6 of 6, Wednesday, Narch ll, 2004 12:41pm ORDER 1) This informal advisory opinion shall be filed and forwarded to the Petitioners; Respond((ent,,~~, Wendell Hatada; and Mayor Harry Kim. DATED: ~UY~. /4 , Ti BOARD OF ETHICS, COUNTY OF HAWAII B L VICTORINE Its airman APPROVED AS TO FORM AND LEGALITY: OB J N EITHEAD-TODD Deputy Corporation Counsel S:B~@C1BOE2003-OS Rossi-HatadalInf Ad Opinion BLTpc 9-03.doc _ j I 4 Prom: To Far: 9618912 Page 1 of 3, ?huvsday, Mamh 1B, 2009 0: 19em `...1 i.. ~ March 18,2004 ~Q~9 ~flA 1~ 8 ~`i CC,. The Honorable Gary Safarik, Chair C~Ufd ~ ~ Council Members Committee on Public Works & Intergovernmental Relations Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Far Comm # 548 Thomas Russi and Christine Paul Submitting a Letter from the State Ombudsman Investigating Wendell Hatada for Being Dishonest with their Office #04-0729 (DW) Dear Chair Safarik and Council Members: Thank you for placing our communication on your April 6, 2004 agenda. (Comm.548) Please include the attached information as communications for this agenda item and also place them on your agenda for the public's review and testimony. Sincerely, rhowta~ Rw~v Chri~t'u~z ~a.ul Thomas Russi Christine Paul 73-4422 HoloHolo St. Kailua-Kona, HI 96740-9307 attachments 7 vom: To Fax: 9618912 Page 2 of 3, Thucsdey, aamh LB, 2009 8: 19am Robin K. Metaunege Ombutlsmen Donne M. Woo First Aasiafant , OFFICE OF THE OMBUDSMAN STATE OF HAWAII 485 South King Street, 4" Floor Hondulu, Hawaii OSS13 Tel: 80&5870770 Fax: BOB-587-0773 TTY: B08-567-0774 complairae Qanhudsman.sta[e.hl. w In reply, Please refer to: #02-4794 (DW) June 17,2003 Mr. Thomas Russi Ms. Christine Paul 73-4422 Hdoholo Street KauilLta-Kona, HI 96740-9307 Dear Mr. Russi end Ms. Paul: Re: Your Letter Dated May 30, 2003 This is to acknowledge the receipt of the above-referenced letter via facsimile end email, together with the .wav file that was attached to the email, which you state is a recorded conversation d July 24, 2001 between Mr. Russi and WendeA Hatada, Executive Assistant to Mayor Harry Kim. In your letter, you requested that we correct our November 7, 2002 letter to you based on our review of the recorded conversation. Please be advised that we will not correct the November 7, 2002 letter as it accuretely reflected our inquiry end conversation with Mr. Hatada. In reviewing the .wav file, we cannot conclude that Mr. Haffida intimidated you during your conversation. In fact, when you asked Mr. Hatada ~~~hether he was threatening you, Mr. Hatada denied doing so. As to whether Mr. Hatada was dishonest when he told our office that he spoke with you 'wary politely" during this telephone comiersatien, we cannot make a finding without first allowing Mr. Hatada to respond. However, as you have requested that we keep the recording confidential, we are unable to seek a response from Mr. Hatada. A copy of the recorded conversation will be maintained in our case file on this matter. Sincerely yours, DONNA M. WOO First Assistant r r Approved by ~14~ ~.Y`N~ ~ r/ ROBIN K. MATSUNAGA Ombudsmen DMW:sa Hawaii 4161000 • Ma„i a862400 . Kaw12743741 • MdoIW. Lanai 1-800<a6<B44 Neighbor lalantl telephone x-7W70, IoM M-70773, T7V x-70774 Emm: To iaa: 9619912 Page 3 of 3, WhuvsGay, March 1B, 2009 9:19am July 15, 2003 Robin Matsunaga, Ombudsman Office of the Ombudsman 465 South King Street Honolulu, HI 96813 Re: Your July 14, 2003 letter # 02-4794 (DW) and #04-0729 (DVS Dear Mr. Matsunaga: We apologize for you having to write the very lengthy July 14`" letter. We understand that we did not come right out and release the confidentiality of the audio .wav files with Wendell Hatada in our June 29, 2003 letter. We no longer require your office to keep the audio .wav files, which contain the July 24, 2001 conversation with Wendell Hatada, confidential and request that you reopen your investigation to find whether Mr. Hatada was dishonest to your office in regards to us. Also, could you please let us know if you can investigate Mc Hatada gambling on government time (i.e. while on the County's timeclock)? If not, where could we pursue this matter? ? Please provide us with adate/time stamped copy of this letter. ( If you respond to this letter within 10 business days, you will not need to provide us with adate/time stamped copy of this letter.) Sincerely, Chriist'i,nz Ra.uL rh.oma~x Rwsav Christine Paul Thomas Russi 73-4422 HoloHolo St. Kailua-Kona, HI 96740-9307