HomeMy WebLinkAboutCOM 0870.010 2006-2008
11111110~ --No
0 HAWAII DIVISION
495 Manono Street
0 Hilo, Hawaii 96720-4422 Telephone: 808.935.6841 Hawaii Government Employees Association
Working Together for Hawaii www.hgea.org Facsimile: 808.961.2437 AFSCME Local 152, AFL-CIO
County Council
County of Hawaii
Testimony by
HGEA/AFSCME Local 152
March 25, 2008
Bill 209 (Draft 3) - An Ordinance Amending Chapter 2, Article 15 of the Hawaii County Code 1983
(2005 Edition As Amended). Relating to Administrative Fines for Violations of the County Code of Ethics
The Hawaii Government Employees Association, AFSCME, Local 152, AFL-CIO opposes Bill 209 (Draft
3) that would amend the Hawaii County Code by authorizing the Board of Ethics to issue administrative
fines to legislators and county employees, including those covered by a collective bargaining
agreement. We do not support administrative fines to be imposed upon bargaining unit employees.
Each collective bargaining agreement contains a discipline article that permits an employer to discipline
bargaining unit employees only for just or proper cause. Over the years, just or proper cause has been
defined through arbitration decisions. One widely accepted principle is the so-called "Seven Tests" that
are used to determine if an employer took action that meets the criteria of just or proper cause. Our
contracts are negotiated with Hawaii County, not the Board of Ethics. The authority of interpreting and
applying the contracts for management is vested with the line departments and the Department of
Human Resources, not the Board of Ethics.
In addition, employees covered by a collective bargaining agreement can only be disciplined once for a
specific offense. This is the concept of double jeopardy. Once discipline is imposed and accepted, it
cannot be increased, nor any other punishment be imposed, otherwise the employee is unfairly
subjected to double jeopardy. The principle of double jeopardy has been applied by arbitrators to
prohibit the imposition of two successive penalties for the same offense. We consider an administrative
fine imposed by the Board of Ethics and a written reprimand, suspension or termination for the same
offense to be double jeopardy. Criminal penalties are entirely different and would not be subject to the
double jeopardy issue.
County employees covered by a collective bargaining agreement should be subject to ethical standards;
however, it must be the appointing authority with input from the Board of Ethics to decide what penalty is
appropriate to that particular case. The fact that an appointing authority may not agree with the Board of
Ethics' recommended penalty is not necessarily a problem. The appointing authority must issue
discipline according to the standard of just or proper cause negotiated under Chapter 89, HRS.
Therefore, if Bill 209 (Draft 3) is amended to remove bargaining unit employees, we could support this
legislation. Thank you for the opportunity to provide testimony on Bill 209 with the suggested
amendment.
Respectfully submitted, Comm. N 8x16. /U
Ref. To: 0?°ZO
Sharon Morris Ref. Bete.
Hawaii Division Chief