HILO — Over the objections of one member who said the county Board of Ethics has no jurisdiction over union activity, the board voted 3-1 Wednesday to look into a complaint about union-endorsed politicking on county time at county facilities.
HILO — Over the objections of one member who said the county Board of Ethics has no jurisdiction over union activity, the board voted 3-1 Wednesday to look into a complaint about union-endorsed politicking on county time at county facilities.
The complaint was filed by Kailua-Kona resident Cheryl King after a West Hawaii Today article described how 538 county employees and their state counterparts were sent to two-hour “educational and informational meetings” on the clock at the West Hawaii Civic Center and other county facilities to listen to a union-endorsed lineup of candidates. The candidates’ opponents were not invited.
“I felt very badly for the county employees who did not want to have to listen to campaign speeches by union-endorsed candidates they themselves did not want to endorse,” King told the board.
Union representatives did not attend the meeting to provide comment.
The Ethics Board agreed to hold an informal hearing on the issue at its October meeting. In the meantime, members asked staff to compile a stack of documents, from union contracts and collective bargaining agreements to agendas for the educational sessions to notices sent to county employees. They also wanted case law on the issue.
“Our ethics code is pretty clear that campaigning can’t be done on county time in county buildings,” said Ethics Board Chairman John Dill.
Dill said that since there isn’t a particular respondent in the complaint, the board would look at the county policy and, if needed, make recommendations on what should be changed.
But board member Arne Henricks, a retired judge, voted against proceeding. He said after the meeting that the county has no jurisdiction as collective bargaining contracts are negotiated at the state level.
When asked if union contracts override the county ethics code, Henricks took another tack.
“You can’t say anyone from the county violated the code,” Henricks said. “We don’t have control of the union. … I think this is on the union’s back. I do think they are unfair (when they don’t invite opposing candidates).”
United Public Workers State Director Dayton Nakanelua has defended the practice, saying it was upheld by the courts in 2010 and protected in the union’s contract. The state Ethics Commission doesn’t offer an opinion on county activities.
But Section 2-83 of Article 15 of the Hawaii County Code of Ethics prohibits county employees from using county time, equipment or facilities for campaign purposes. In addition, the code requires fair treatment, in that officers and employees are not allowed to use their positions to secure or grant “unwarranted privileges, exemptions, advantages, contracts or treatment.”
“They broke the ethics code by attending an event at which campaigning took place and as county employees they granted unwarranted privileges to selected candidates who were invited to attend and they discriminated against the candidates who were not invited to attend this event,” King said.
The Hawaii County League of Women Voters also weighed in on the issue. In a letter signed by the two co-presidents, the group urged the Ethics Board to enforce the ethics code forbidding campaigning on county time in county facilities.
“The members of the Hawaii County League of Women Voters support good governance. We also support employees’ right to organize and citizens’ participation in government,” the letter said, as read to the board by League member Helen Hemmes. “However, the League does not support using government resources (facilities, equipment and labor), funded by taxpayer dollars, for campaign purposes.”