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HomeMy WebLinkAboutCOM 0019.002 2016-2018 Michael R. Ben, SPHR Testimony PO Box 11056 Hilo, Hawaii 96721-6056 C2 GAJ CD December 29, 2016 The Honorary Dru Mamo Kanuha, Chair Q and -- • _ Members of the Governmental Relations and Economic Development Committee Hawai'i County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Comm. 19 Appointment of Joseph K. Kamelamela Dear Chair Kanuha and Committee Members: I am Michael Ben, formerly the Director of Human Resources for Hawaii County (June 1992 — December 2009) and Deputy Director of Personnel for Hawaii County (October 1988 — May 1992). I am writing you in support of Mr. Joseph Kamelamela, Esquire, in his nomination as Corporation Counsel by Mayor Harry Kim. I ask for your favorable action on his nomination. I have known Mr. Kamelamela in a professional capacity since my initial employment with Hawaii County in 1988. I have worked with him off and on regarding issues arising in public employment relative to applicable employment laws, including State Civil Service Laws and the Hawaii Public Employment Collective Bargaining Law. In my final years as Director of Human Resources, the County was extremely fortunate that Mr. Kamelamela was tasked with assisting our Department on matters regarding the Americans with Disabilities Act (ADA). At that time, there were individuals suing or contemplating legal action against the County, resulting in the development of transition plans to bring the County in compliance with the ADA. This necessitated numerous, if not regular conferences with a Magistrate, plaintiff attorneys, and a Court Monitor. If not for Mr. Kamelamela working closely with Ms. Teri Spinola-Campbell, the County's EEO and ADA Coordinator, the County was saved from severe penalties and further lawsuits relative to the ADA. During the past seven years of my retirement, I have often run into and chatted (808) 315-5706 Qamma No. IA benm001@hawaii.rr.com Ref. Tot ____-_DC• Ref. Date 0 9 2017 The Honorary Dru Mamo Kanuha, Chair and Members of the Governmental Relations and Economic Development Committee December 29, 2016 Page 2 of 3 with Mr. Kamelamela over many matters, but only of that which he could ethically talk about. Taking this together with my professional relationship with Mr. Kamelamela, I do not know of any reason which would provide sufficient justification in not confirming him as Corporation Counsel. Matter of Deputy Corporation Counsels as reported in the News Media At this time, I would also like to offer comments on the matter identified immediately above, as I believed it has cause some concern relative to this nomination. I would be extremely surprised if Mr. Kamelamela had informed certain deputy corporation counsels that they were being fired, as the Hawaii Tribune Herald would lead the public to believe, and in referencing the use of the term "pink slips" by Mr. Chung. There would be no reason for using these terms, as the current Corporation Counsel, each Deputy Corporation Counsel, along with Mr. Kamelamela know full well, that the term of employment for the Deputies ended with Mayor Kenoi's term of office. Personnel transaction forms for these individuals also have a "not to exceed (NTE)" date and time which reflects the Mayor's term of office. There were no reasons for them not expect otherwise. Stating this matter in another way, there are no provisions to be found anywhere which provides continuing long-term employment beyond a Mayor's term of office. But, notwithstanding the Charter provisions and the personnel transaction documentation, Deputy Corporation Counsels are left in state of limbo. Mr. Kamelamela knows this too well; in my 21 years employment with the County, he has experience this himself when Akana, Inouye, Yamashiro, Kim, and Kenoi each became Mayor of Hawaii County. I would venture to guess Mr. Kamelamela's intent in discussing the Deputy Corporation Counsels' employment in the new administration was to provide them with sufficient notice of their possible employment under the incoming administration so they themselves could plan accordingly instead of being in this state of limbo, along with the anxiety it brings, especially during the Holiday (808) 315-5706 benm001@hawaii.rr.com The Honorary Dru Mamo Kanuha, Chair and Members of the Governmental Relations and Economic Development Committee December 29, 2016 Page 3 of 3 Season. With the Charter providing for a clear, unequivocal co-terminus date with the mayor and specifically allowing only for the Corporation Counsel to continue employment until such time that the nominated Corporation Counsel is confirmed, I believe Mr. Kamelamela was attempting a balancing act between the Charter requirements with being as considerate as he could when discussing the future employment of the existing Deputy Corporation Counsels. From the point of human resource management, it's admirable that any nominee would meet with individuals of the department once the nominee's name becomes known and everyone begins wondering and speculating about the nomination and the changes about to occur with the incoming nominee. But unlike with a nominated Corporation Counsel, employment status is not generally on the minds of department employees as it is with the Deputy Corporation Counsels. The Office of the Corporation Counsel is not like other departments when it comes to transition from one administration to another. I believe Mr. Kamelamela, was acting in the best interest of the office in deciding whom he wanted to "reappoint" and whom he would not. I also believe he was doing so in the best way possible to accomplish his staffing plans for the office. In total, I support Mr. Kamelamela actions in this matter, and I support his nomination. Therefore, in closing, I again ask for your favorable action on his nomination. Thank you. Sincerely, `7"k c/%c%Q.c Michael R. Ben (808) 315-5706 benm001@hawaii.rr.com