HomeMy WebLinkAboutCOM 0085.003 1996-1998 Worktng Together LOCAL 152, AFL-CIO
for Hawaii ~°s 7~
Hawaii Government Employees Association
495 Manono Street, Hilo, Hawaii 96720, Phone (808) 935-6841, FAX (808) 961-2437
TESTIMONY RELATING TO COMMUNICATIONS NO. 85, BILL NO. 30
My name is Gary Yoshiyama, Hawaii Division Chief, HGEA/AFSCME Local 152, AFL-CIO. I
am submitting testimony in favor of the Board of Ethic's proposal to allow any County officer or
employee to recover costs and attorney's fees from any person who has filed a petition which has
been deemed to be frivolous by the Board of Ethics.
I regret I am unable to personally appear before you today to provide comments on
Communications No. 85, Bill No. 30, Proposed ordinance to amend Chapter 2, Article 15,
Section 2-86, Hawaii County Code 1983, Relating to Informal Advisory Opinions.
It is my understanding that ow courts allow recovery on frivolous suits. Our county officers and
employees are not second class citizens. Our county officers and employees deserve similar
treatment as any other member of our community. Those who serve the public should not have to
pay more. I don't believe those in the public eye, as in the case of county officers and employees,
should be subjected to unfair treatment.
One means of treating officers and employees unfairly is to allow frivolous petitions to fiustrate
the carrying out of their duties and responsibilities. Frivolous petitions should not go unchecked.
These petitions cause undue mental hardship and disruption in the lives of our county officers and
employees and their families with no present means of redress. I don't believe we wish our
officers and employees to waste money to defend themselves on petitions deemed to be manifestly
and palpably without merit.
I have heard the complaint that this provision would discourage the filing of petitions. This
provision is clear, the bill states that the board shall find a petition to be frivolous if the petition is
manifestly and palpably without merit so as to indicate bad faith on the petitioner's part. This
provision speaks to bad faith petitions filed, not all petitions filed.
Our County officers and employees are expected, and rightly so, to act responsibly; to be held
accountable for their actions. We, the public they serve, should be held to the same standard.
They deserve and we deserve no less.
Thank you for your attention and consideration.
Tlme.._-_r RECEIVED
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County Council
GARY YOS AMA
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