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HomeMy WebLinkAboutCOM 0231.006 2014-2016Margaret Wille Council Member District 9 - North and South Kohala Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 HAWAII COUNTY COUNCIL County of Hawaii Holomua Center 64-1067 Mamalahoa Highway, Suite C-5 Waimea, Hawaii 96743 Phone No. Hilo: (808) 961-8027 Phone No. Waimea: (808) 887-2043 Fax No.: (808) 887-2072 E -Mail: mwille@co.hawaii.hi.us West Hawaii Civic Center Bldg. A 74-5044 Ane Keohokalole Hwy. Kailua-Kona, Hawaii ,96740 Please find attached additional information regarding "Petition No. 2012-03: Further informal hearing of petition alleging violations of Section 2-83 of the Ethics Code when County employees are allowed to attend union meetings, on County time, in which political campaigning takes place" for reference during the Bill 37 discussion on June 2, 2015. Thank you. MW/dh att comma No: ®L 3 Ito Ref. To: ? V Cz Ref. Date JUN 0 21115 Serving the Interests of the People of Our Island Hawai `i County Is An Equal Opportunity Provider And Employer v, t7 TO: Dru Mamo Kanuha, Council Chair ! N «:; - t And Members of the Hawaii County Council ,.ori--' FROM: Margaret Wille, Council Membera A( ^� N DATE: June 2, 2015 SUBJECT: Additional Information for Bill 37 Please find attached additional information regarding "Petition No. 2012-03: Further informal hearing of petition alleging violations of Section 2-83 of the Ethics Code when County employees are allowed to attend union meetings, on County time, in which political campaigning takes place" for reference during the Bill 37 discussion on June 2, 2015. Thank you. MW/dh att comma No: ®L 3 Ito Ref. To: ? V Cz Ref. Date JUN 0 21115 Serving the Interests of the People of Our Island Hawai `i County Is An Equal Opportunity Provider And Employer HAWAII COUNTY BOARD OF ETHICS MINUTES – REGULAR SESSION' Monday, November 19, 2012 10:00 a.m. to 11:23 a.m. County Council Chambers 25 Aupuni Street Hilo, Hawaii 96720 Members and Staff Present: John E. K. Dill, Chair Bernard Balsis, Vice Chair Arne Henricks, Member Glen Hisashima, Member Renee N. C. Schoen, Deputy Corporation Counsel Mary E. Fujio, Secretary 1. CALL TO ORDER Mr. Dill called the meeting to order at 10:00 a.m. 2. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Mr. Dill called up Margaret Wille, who had signed up to testify on agenda item 5a (Petition No. 2012-03), and he reminded the public that statements are limited to three minutes per agenda item. MS. WILLS: I spoke at the previous Board meeting, and I want to sort of incorporate my statements at that meeting here today, so I'm not repeating all of what I said. And I believe that there's a clear violation of Section 2-83 in terms of allowing the County employees—the County allowing union employees to meet and campaign at County locations on County time. I think this sets up a vicious cycle. I think that the rules, the ethics rules, are clear and I basically am asking you as the Board to uphold and be accountable and be leaders in terms of saying these laws, these ethics rules, mean what they say, and they are enforceable. I do understand that you have—or I believe you've requested information from the County Council's office. I also think there's an issue there in terms of a conflict of interest, where the Corporation Counsel is also a member of the Mayor's cabinet, political cabinet, not simply a removed—like legal representation. In my view that—at least in this context—represents wearing two hats. And let me just say, this was meetings—I believe there were up to three or four meetings. I was a candidate in this campaign, in this election. I knew nothing about these meetings. ' Minutes in italics are verbatim. Blanks indicate inaudible or indecipherable speech. I understand that the person who opposed me, who was supported by the Mayor, was requested to attend. I think that this is wrong and should not be permitted. I also think that it's not a matter of—in my view we should be looking at how do we solve problems and not—and this goes beyond what's legal, but just in terms of why it's important, not having people going on one side or another. I had union employees apologizing to nae for this happening and that they had no control. I would like to see this stopped. I think you should have decided this last time and not left it till after the election. I've always supported many union positions and I would certainly have liked to speak and Id like to talk to them then. So I just hope you—I don't think union contracts or any other contracts trump the law, and I ask you to please uphold the ethics rules. Thank you. Mr. Dill called up Cheryl King, who had also signed up to testify on agenda item 5a (Petition No. 2012-03). MS. KING: Good morning, commissioners and Ms. Schoen and Ms. Fujio. Thank you for being here. Commissioners, thank you for having agreed to accept this petition that I submitted for further consideration at your initial hearing in September. It is clear that the County Ethics Code prohibits the use of County time and facilities for campaign purposes. However, this did happen when County workers were released with pay to attend union informational meetings at which only union -endorsed candidates spoke, i. e., campaigned, sometimes in County buildings. At the September meeting I was asked who the respondent was, a question that was not asked on the form I had to fill out, or I might have been better prepared. I tried to say both the union and the County but was told I had to pick one. Put on the spot, it made more sense to pick the County, as the County Ethics Code forbids campaigning on County time. Nonetheless, everyone should be held responsible for what happened. By everyone, I mean the County, the union management, and the candidates who attended. Perhaps County supervisors did not realize that they were releasing workers to attend a campaign event. Perhaps the union management did not realize the County Code prohibited its workers from attending a campaign event in the guise of a union informational meeting permitted by the union contract. Perhaps some of the candidates who spoke at this event did not realize that only union -endorsed candidates were being invited and that they were being unethical by not providing a level playing field for their opponents. Perhaps, perhaps, perhaps. What we do know is that some County workers were uncomfortable at having to listen to speeches by candidates they did not support and did not want to cause problems with their co-workers or supervisors by openly protesting. We do know that the County Code of Ethics should have protected these workers. It did not. If the Board of Ethics commissioners do not take a strong stand against this practice, it will happen again, and public confidence in the County's Code of Ethics and the County's boards and commissions will be undermined. Thank you. Mr. Dill called up Kerri Marks, who had signed up to testify on agenda items 5a (Petition No. 2012-03) and 4a (Petition No. 2012-05). MS. MARKS. Good morning, thank you. First I would like to make a comment on your agenda. I think that it's nice that you crossed out Wednesday and written in Monday. But the email didn't go out like that, and so it was very confusing to people whether this 2 actually happened last Wednesday the 14`h or today, Monday the 19`h. You could do that. You could easily resend an email and send it back out about—oh, excuse me, I'm winded. I just ran in. They do that every once in a while. So please do that in the future. It was confusing. On Petition 202-I5 [sic], I have testified on this --oh no, this is the one we don't know anything about. I would like you to write your agendas more clearly. There's no way to know who this is or who they work for or whether it's a conflict of interest or not. So you should clarify that. On Petition 2012-03, further information— further informal hearing. Oh, this is the County Code of Ethics allowed to attend a union meeting. That's still wrong. You guys need to stop doing this kind of stuff. You need to put these people—somehow you need to make them accountable for these actions. They've been going on long enough. We're watching. We're tired of it. Please make them stop. That's all. Mahalo. 3. APPROVAL OF THE REGULAR SESSION MINUTES OF OCTOBER 10, 2012 Mr. Balsis said he had a comment. On page 11, the minutes included only the nomination of himself as vice chair. He wanted to point out that he had nominated Mr. Hisashima, but apparently no one heard him and there was no second, so it was ignored. Motion and vote: Mr. Balsis moved to approve the minutes, Mr. Hisashima seconded the motion, and all members voted aye. Mr. Dill stated that before proceeding to New Business, he wanted to go into executive session to consult with the Board's attorney regarding their rules and practices. Motion and vote: Mr. Balsis moved to go into executive session, Mr. Henricks seconded the motion, and all members voted aye. 10:10 a.m.: The Board left regular session. 10:40 a.m.: The Board returned to regular session. 4. NEW BUSINESS a. Petition No. 201205: Petitioner i seeking an opinion from the Board on whether there is a c flict of int est with his employment as an electrical supervisor and his sid usines that does wholesale, retail design, and installation of.photovolta'e (P systems for family, friends, and referrals. MR. DILL: The petitioner has reOters te a closed hearing. At this time I'd like to call zip the petitioner to discuss the paran6Ya closed hearing before the Board takes a vote on it. You got to hit that button and turn Won. The microphone button. Some of the Board members had questions;Aout the nate ofyour request for a closed hearing. PETIT NER: Good morning, Mr. Chairman and commissioners. m asking the Board for a clo d hearing because of my employment, and I feel this m be a personnel issue and I fear ossible retaliation. MR. DILL: oard members, any other questions? MR. BALSIS: an you elaborate on what you just said? PETITIONER: Because of my employment. I am the ele Tical supervisor and do plan reviews for photovoltaic installation, and I just wanted t see if there is a conflict in there. MR. DILL: Any other qz�stions? Can I obtain a m tion from any of the Board members for an open or closed he%this ? Just as a reminder we need three votes either way. MR. BALSIS: I think at oint, should we no just vote on his request? MR. DILL: Yeah, I'll entertain a motion, eith r way. AV?. BALSIS: Then I move that tivgo ahea- and vote on the request of the petitioner. MR. DILL: You moved to have it closed or - . MR. BALSIS: His request is to have aLed hearing. NIR. DILL: Correct. Okay. So the mLzon is a motion to have a closed hearing? MR. BALSIS: The motion is to vole on the petitioner's request to have a closed hearing, either a yea or a nay. NIR. DILL: Okay. Got a second? MR. HISASHIMA: Secznd. MR. DILL: Okay. 777ose in favor—we have a motioand a second to have a closed hearing. Those in f�t, gor say aye. Opposed? SECRETARY.- WaI didn't hear. MR. DILL: The motion is to, and a second, to grant the petitioner's request to have a closed hearinv Okay, nobody said aye. MR. DILL: No. 0 MR. BALSIS: Correct. MR. DILL: Opposed? \ MR. HENRICKS. I abstain. MS. SCHOEN: So you have ohe abstaining. What's your vote MR. HISASHIMA: Opposed. MR. BALSIS.• Opposed. MR. DILL: I will abstain, too. MS. SCHOEN.• Okay, so you have two absention: pass. So now the Board needs to figure out how it me? \ MR. BALSIS: Yes. MR. DILL: So two abstain, two against a petitioner's request denied? MS. SCHOEN. Yes. MR. DILL: Okay, so that means we'll—sh ' uld we hearing. MS. SCHOEN.• Correct. means the request does not to proceed. Can you guys hear So what do we do now? Is the it will be an open MR. DILL: Okay. Are we clear on that? a PETITIONER: Yes but i the Board /not willin to ve me a clos.f Zg � � my privacy, I would like to withdraw my petition and speak to legal addition, I would like everything back that was submitted. MR. DILL: Counsel, where do Ze stand on that? EN.• Well the en loner sled a petition. I he's going to MS. SCHO p, f p f g g Board will just accept the withdrawal. MR. DILL: Okay. I es4his matter is closed, then. PETITIONER: Okay, thank you. 5. UNFINISHED 5 ed session to protect counsel. And in it, the a. Petition No. 2012-03: Further informal hearing of petition alleging violations of Section 2-83 of the Ethics Code when County employees are allowed to attend union meetings, on County time, in which political campaigning takes place. MR. DILL: This is the third continuation, I believe, on this matter. Counsel, you had provided us with the collective bargaining agreements. It was made clear in SHOPO and I believe the Fire Fighter's Union, in the nature of that— MS. SCHOEN: I provided the Board with collective bargaining agreements of UPW, also Fire Fighter's Association, and police officer's (SHOPO) bargaining units. I also provided the Board with two opinions from the State Ethics Commission as well as a Hawai 'i Supreme Court case entitled HGEA v. Casupang. I also provided the Board with a letter from our HR director, basically submitting all the CGAs. MR. DILL: Good. Board members, any comments? I'd like to point out for the record that this Board has no jurisdiction over the unions or union activities. That being said, County employees who are subject to the County Code of Ethics and are union employees and union members must abide by County Charter to the County Code of Ethics. In this case, we're looking at Article IS, Section 2-83, fair treatment, specifically item 2- 83(b)(3), using County equipment or other facilities jor private business or campaign purposes. Comments? MR. BALSIS. I have a comment. I agree that this Board has no jurisdiction over the union, and in all the evidence and all the documents that were given to us, there was no pre -notice to any of the employees or those that were going to be in attendance that these were going to be meetings political in nature rather than informational in nature. And so it's hard to—I don't think we can say that employees violated the Code of Ethics. To say whether or not this was right or wrong with regards to the Code of Ethics, it's a very difficult area to make a judgment on. That's all for right now. MR. HISASHIMA: Clarification please, attorney. Section 8, Education and Information Meetings from UPW. Apparently the meeting that was held, was it a union function or the County's fitnction? MS. SCHOEN: My understanding is it's a union informational and educational meeting. NIR. HISASHIMA: Okay. Can you clarify for me—I have a scale which indicates paid, non paid, work, straight time, overtime. "Paid– not worked." Can you clarify what "not worked" means? MS. SCHOEN: Glen, where are you looking at? UPW Unit 01? MR. HISASHIMA: No, I think this is the County's one, because it has certain areas where it says like `paid, " `premium, " "overtime, " "straight time. " And there's a place that's called 'paid – not worked. " So I need to know what does "not worked" mean. 3 MS. SCHOEN: I don't have an exact definition for you, but if you look at the types of leaves that are under that category, such as vacation, holiday, sick, those are allowable to take by the employee but they're not physically at work— MR. HISASHIMA: --at their job. MS. SCHOEN. Yes. AIR?. HISASHIMA: If you look at number 74, "union -information meetings, " does that apply to Section 8? MS. SCHOEN: I would say it does. That's what it's entitled. MR. HISASHIMA: Thank you. MR. DILL: So Glen, just to follow your train of thoughts, so if it was an informational meeting and it was quoted under that, that's all it was. I mean, that's what you're trying to get to? MR. HISASHIMA: Yes. Could I ask another question? A/M. DILL: Yes. MR. HISASHIMA: If it is not sponsored by the County, because the agenda of the meeting is not controlled by the County, right? MS. SCHOEN.- That's correct. MR. HISASHIMA: So I see the letter that was sent by the union, showing no indication of what the agenda was. So if I was a State employee or County employee going to this meeting, I don't know what the subject is about, right? MS. SCHOEAT: That's my understanding. MR. HISASHIMA: Can the County get a clarification prior to the meeting? Or is it stopped because of this union contract, the education and information meetings? MS. SCHOEN: I really don't know the requirements. I could certainly ask HR whether or not they have in the past asked for an agenda before the employees go. MR. HISASHIMA: Thank you. MR. DILL: All right, does the Board want to take any action on this? 7 MR. BALSIS: Because we're determining that the action was a union action and not a County employee action, and we have no jurisdiction over the union, I would move that the petition be dismissed, and I would have more discussion during the discussion aspect. MR. HENRICKS. I second the motion. MR. DILL: All right, we have a motion and a second to dismiss Petition No. 2012-03. It's time for discussion. For myself I want to state for the record that I feel that any County employee that knowingly goes to any function, whether it be union or otherwise, on County time where campaigning does take place, I feel is a violation of Section 2- 83(b)(3) and therefore would be in violation of the County Ethics Code. Further discussion? MR. BALM: Id like to mention to the petitioner that there may be other ways to try to stop this type of action. One way would be by the League of Women Voters and other organizations to put pressure on the union to stop this kind of action, and I think that's a very important avenue. The County of Hawai `i could actually go in and negotiate in their contracts, just as there are in some of the contracts, like SHOPO, where they would be no political action during any of the informational meetings. But that would be during contract negotiations. And I just wanted to point some of those avenues out. Legally I don't see where we have jurisdiction over this particular item. At the same time, there may be better avenues to stop it in the long term for the future. MR. DILL: All right, we have a motion and a second on the floor. Any further discussion? All right, the motion and the second is to dismiss Petition No. 2012-03. All in favor to dismiss, say aye. MR. HENRICKS: Aye. MR. BALSIS and MR HISASHIMA (simultaneously): Aye. MR. DILL: The Chair votes in opposition. All right, thank you. b. Petition No. 2012-0 Informal hear' g of petition alleging that a County officer "has been very elective in ..dissemination of public information and showed preferential treAknent to certain reporters and stonewalling others ..." in violation of Section '2;-,84(a)(3) of the Code of Ethics, that all persons shall be treated in a courteolis, fair and impartial manner. MR. DILL: The chair recuses himself andYzands it over to the vice chair. MR. BALSIS: Tiffany? the petitioner, I'd like to ask if you have anything you'd like to add to your original pe tion. Any other comments? MS. HUNT.- Well 'm just here today to be consistent, and l told you last time I was here on principle. Wind of have a term winding down. °°The election is over, but the issue is 0