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HomeMy WebLinkAboutCOM 0348.003 1996-1998 "f ,.R _ LIbHi POST PRODU(iION ~OMPAMI ^ HCR #3 Box 10090 J Keaau, Hawaii 96749-9225 ' 9 7 R;;' 18 F('j l l y p (808) 962-7472 C~C.:~. ti~~i ~ >t August 18, f 997 COUP L' H-~Wglf ~ ~ ~ -f /.rr To the Hawaii County Council Committee on Human Resources and Economic Development Aloha Chairman Ray, and Courxil Members: Frst of all let us take in the seven "Ha" , or cleansing breaths, and ask for a very special way of Ho'oponopono for and between all of us involved with the television coverage of the Hawaii Courrty Council proceedings. In her memo of July 29th this year, Ms. Connie IGriu used the following description of my services to the Hawaii County Council: Subject: Services Customarily and Historically Performed by Civil Servants " Proves (provides) all video taping equipment and services to videotape meetings & sessions of Council and its Committees. Services irxlude taping, graphic, text, editing and delivering of tapes." This is an important document which is being used to describe what work I provide to the Hawaii County Council. As you can see it clearly includes the graphic text which provides the viewer with the announcement of upcoming meetings, and graphic text during the program to allow the viewer to follow along and be aware of which bill or resolution is being discussed. Of course I can see that this information is very positive for the outreach of public information provided by our programming. The Hawaii County Council asked me to expand my services to include this information on each tape shortly after Ms. Barbara Betl bepme the county clerk during the administration of the Green Party/Democrat Coalition. Although I requested that Ms. Bell codify our verbal arrangement in writing many times over the following months and years, she always said that it waz not necessary to change the contract. Repeatedly, I akked her to "Put it in writing". When Mr. Brian De Lima became the chairman there was no change in the payment of one hour of time at $45.00 per hour for each committee and the full council meeting. This was the arrangement made with Ms. Bell. I asked Mr. De Lima to codify the arrangement in writing az spelled out by the RFP and corrtras for my services. He assured me that it would be taken care of before his term ended. It was never "Put in writing". Next Mr. Arakaki became the Chairman and there was no change in payment of my services. After all the many times of asking that it be codified in writing by amendment to the contras, nothing at all vas done, and I just kept working end billing as I always had. There came a 3 ~g" ~ num. ]i?„ ¦ _ 1161f. ~ ~ @SNrf@d NS EOG mot. n~.+~ 1,~. 8 The Hawaii County Council Page 2 August 18, 1997 significant change, however in January of 1997. We changed from a three day schedule to a two day schedule. This was very significant, because I was told by Ms. Bell to just add the hours for the committees between the committees, and during lunch. With four committees all on one day, there were many times when I didn't have even one hour between meetings. I was disturbed, because there was no longer a way to just add the hours promised me for graphic text work between meetings. When the issue had come up before Ms. Bell has always said that if I could not include the hour for the graphic text work between meetings, to just add them to the final ending time. I resorted to this measure when possible and hoped that this would not leave me out of pay. I never added more than one hour to the ending time, and YES I did loose money, because with all four committees on the same day it just would not work. I was very concerned about this, but with a new set of council members, I didn't know exactly how to deal with the problem. That is the condition under which I was working when you Mr. Chairman asked me to cover the Special Human Services and Economic Development Committee meeting that dealt with "Industrial Hemp". Two days after I agreed to do that service for you free of charge, I began a terrible saga of abuse by the finance department and Ms. Barbara Ward. For whatever reason she looked up the RFP and refused to pay for the extra time, explaining to me that the RFP had a clause which specifically prohibited payment for "SET-UP and BREAKDOWN'. I told her that there was no charge for setup and breakdown, and explained to her in detail that the charges were for the preparation of the graphic text work as agreed upon with the former courrty clerk Ms. Barbara Bell. After an unbelievable series of letters back and forth over each invoice and each time designation, I went to the County Clerk Mr. Donald Ikeda for help. He said that I would have to talk to Council Chairman Arakaki. When I wern to explain everything to Council Chairman Arakaki, he just smiled and said "Well Mr. Downing, next time you should 'GET IT IN WRITING". This was not the message I was expecting to receive from Chairman Arakaki. I expected something like this... "Well Dr. Downing, I can see that Ms. Bell neglected to codify your arrangement in writing, This places the county in breach of your cornract, and vve need to make this right." As it was with Chairman Arakaki having the ability to end my cornract at any time "for convenience" I stopped talking. Ms. Barbara Ward again refused to pay my bills stating that I should not be paid to sit on the veranda and wait for the Executive Session! At that point, I told her and Mr. Ikeda that if that was the final decision, I would seek legal advise and sue the county for my pay. Mr. Ikeda came to my rescue and said that I would be paid, since my equipment was still in the locked room and that I would be required to hurry back into the room as soon as the doors are unlocked. After more that 50 days I was to be paid. At this point the suspension of my cornract came by way of letter and a call from Mr. Ikeda. I think that all of you are aware of what happened at that point. I did not want to see a single day of council not be covered, but I was instructed by Chairman Arakaki and Mr. Ikeda not to come to work for the meetings in June. I was wanting to volunteer to keep the coverage going, but after what happened when I volunteered for you, I determined that the only thing to do was to wait. The meetings on that Tuesday were held without coverage, as was the full council meeting the following day. I stayed very close to my telephone waiting to see if I would be called by someone to volunteer. It v?as not until the following weekend that I learned that Council member Tyler had put out a call for volunteers both in Hilo and in Kona at the Na Leo 'O Hav?aii -Public Access Centers. ¦ The Hawaii County Council Page 3 August 18, 1997 I was horrified, because I didn't know about the call and would have been there for the full meeting if I had known. I telephoned Council member Tyler within a few minutes of learning of his call for volunteers. I agreed to volunteer until the suspension vras over, and the rest is history. I called the Na Leo 'O Hawaii offices and asked that I be given the assignment to volunteer for the duty. I was told that no other person had volunteered and that they would take the call for volunteers down from the Bulletin Board. At least I was able to continue the quality of coverage which vve have become accustomed to. When the suspension was lifted, I was greeted with great fanfare and everyone seemed to be very happy that I had my contrail back. I was not as happy as everyone else, because the Flaw in the way that the county is paying me seemed to bother me more and more. I have volunteered for many public organizations, but so far, the Hawaii County Council is the f rst time that I spent over tvro hundred dollars for blank tapes and was not even reimbursed for my expenses. In addition to this blow, during the suspension time I vas able to talk to some of the other people in my field and I found out that I provide more service than most contracts, and am being paid less than half of what the contractor on Maui is paid. They do not provide the graphic text which makes t easy for people to follow and the information at the head of each tape to announce the upcoming meetings. They not only get paid over $40,000.00, they receive that money while working with the Maui County Council's equipment. My heart sank as I realized that the $20,000.00 (which I have never been paid the full amount of) v?as less than any other provider in the entire state. I began to become bitter about the cut in pay which was predicated on a Flaw in the actions of the former clerk, and which in my view places the Hawaii County Courxil in breach of contrail. I want the Hawaii County Council to amend my contract to change the way I am paid. I do not want to submit tenor more invoices each month only to wait for Ms. Barbara Ward to find any reason to reduce my pay even more. I want to make the corrections " IN WRITING" to the contract. I am also letting you know that this terrible abuse of my good faith has brought me to financial and emotional depression. I cannot watch a television program, or eat a meal without this problem entering my thoughts. This is where the rule of thumb concerning abuse comes to fore. If you feel that someone is abusing you "Speak Out!". I am informing you now that I consider the Hawaii County Council in breach of contrail and you must make amendment to my contras to "mutually agree upon compensation for additional work" as clearly stated in the contras and the RFP. I do not want to loose this job. I am partially disabled from an auto accident in 1990. I am a Licensed A,cupunilurist, but my disability does not allow me to carry on a regular work schedule like before. I have for the most part retired from that profession. As a television producer, I can take enough medication to make it through the long days of county council asivities, but I cannot allow my emotional and spiritual being to be abused any longer. We must seek a resolution to this problem so that I can keep a good attitude towards my work. This is not too much to ask. . I want the Hawaii County Council to change the payment procedure to a flat monthly fee equal to I /12 of $20,000 each month. You have allotted that much money for your television coverage. It is quite clear that at that price you are getting a remarkable deal. All of the providers on the other islands require a minimum four hour half day or minimum eight hour full day rate. As I pointed out at a meeting of the Public Works and Parks Committee, I am paid as little as $4.50 for all that I do for a given committee. ¦ The Hawaii County Council Page 4 August 18, 1997 The actual day that I drew your attention to this fas, I was of course not being paid at all, but I think that you understand. I don't want to have to add the time keeping issue to all the other Flaws in my contras and the RFP. Let's just make it simple. I always do whatever I am told and cover all meetings whether I am paid or not! If you are able to see my point of view, unlimited use of me and my equipment to cover Hawaii County Council everrts for $20,000.00 per anum is a very good deal! I assume that this change in my contras will be quick and easy to achieve. You all have copies of the contras and you yourselves can see the many Flaws. I am happy to provide to you a list of inappropriate references (from when the contras waz made for an architesural firm not television coverage There are other Flaws such as the ability of the Hawaii County Council to terminate my contras for convienence instead of by Council Resolution. On the other hand I would have to pay the difference in costs between whomever you were to replace me with and my original bid if I was unable to carryon. This does not even allow me to stop working for you, if for whatever reason that need might come up. I love my job, please just let me do the work and pay me on time. Today I have not received the payment of last month's work, and presently Ms. Barbara Ward has refused my current billing because I failed to provide her a copy of the bill which I had to pay out in advance for the new kind of S-VHS tapes. The decision to move to this tape format was not mine. Mr. Ikeda had to change tape formats in order to provide same day coverage for the West Hawaii. This is but another example of delay that I simply cannot handle. When I look into your faces, I can clearly see that ALL of the members, the Chairman and the County Clerk are on my side in these issues. Please can't we just take care of this business. I am of the old school of American male. I have always said "It's O.K." but I now realize that I should have made this public statement at least two years ago. I feel better now as I am finally putting all this down on paper for you. Sometimes it is very wrong to just remain silent. I will remain silent no longer. I-will continue to do the job that needs to be done to the best of my ability, but from this day fonnrard I do not feel obligated to the contras which you are in breach of. Let's work together to make this right and at the very least, f Wish up the last six or seven months of the present contras in a more equitable manner. Mahalo Nui Loa, for your kokua with this important issue. I am hopeful that this breach of my contras with the courrty can be quickly taken care of. Respesfully, Dr. Keola G.A. Downing, Ph.D. Executive Producer ¦ CS-DO-OI, ER. 6/13/97 InterAgency Memorandum ~ ; , I- ~ ~ ~-'L TO: Director of Personnel FROM: Connie Kiriu, Legislative Audi tort-~'~~"~~ DATE: 7/28/97 f'/') 1 ~i SUBJECT: Services Customarily and Historically Performed by Civil Servants This is to request your concurrence that the service(s) described below have not been customarily and historically performed by civil servants. 1. Describe the services to be reviewed. Use additional pages as necessary. Proves all video taping egiupment and services to videotape meetings ~ sessions of Council and its Committees. Services include taping, graphic, text, editing and delivering of tapes. 2. We have spoken to the following individuals and they report that to the best of their knowledge, these services have not been customarily and historically performed by civil servants. Name Title Phone Number State of Hawaii: , Harold Tadaki Classification Advisory 587-1020 Services Judiciary: Kenneth Y. Wakamatsu Personal Administrator 539-494E C&C of Honolulu: Clayton Wong Fiscal Officer 527-5654 County of Kauai: Kei Inazu Legal Analyst 241-6357 County of Maui: Ken Fukuoka Office of Council Services 243-7G86 Director I 'concur 0 do not concur with the deparfmenl's findings that the described services have not been customarily and historically performed by civil servants. Dater ~(,l-'/_~ ~ ~ ~ Director of Personnel