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QUESTION
Should city employees under investigation be provided legal counsel, and how does seeking advice affect them?
0:31:05
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Milton Williams implies that having legal counsel can be helpful for city employees under investigation but clarifies that the Conflicts of Interest Board (COIB) does not provide counsel.
- Milton Williams states the COIB does not offer legal counsel to individuals under investigation.
- Williams believes, based on his experience, that legal representation could be beneficial for navigating civil and criminal employment circumstances.
- He emphasizes the importance of objective and fair advice for city employees seeking guidance on potential conflicts of interest.
- There is no process that penalizes employees for seeking advice, aiming to avoid "Gotcha" situations.
Keith Powers
0:31:05
I wanna reask that question with the spirit of the question in mind or the or the factual question in mind, which is should ACD employee be provided representation when they are an investigation and have your opinion.
0:31:35
Sure.
0:31:35
But where the question is, in your opinion, in your experience, as chair of Hawaii, seeing individuals come before you and coming before the the agency do you believe there should be a policy of providing representation to somebody to make sure that they are able to navigate that way?
0:32:06
Personal opinion.
0:32:28
How do we think it would be helpful?
0:32:32
It's Rebecca.
0:32:33
Spoken like an attorney.
0:32:35
I'm gonna move over to some colleagues to ask questions and make some comments.
0:32:39
I may come back, and I have a couple of questions for you.
0:32:42
We first have counsel Marbelli.
0:33:45
Thank you.
0:33:45
Thank you, Casper Barelli.
0:33:47
Getting extra points with this.
0:33:48
Comfortable with support today.
0:33:51
Before I move over to oh, well, I'm I'm to other colleagues, I just wanted to ask a follow-up question, and this is for you as a as a current chair.
0:34:01
What what is the guidance given to staff there.
0:34:03
And I don't I just I I agree that.
0:34:05
I think every every example I've had has been extremely helpful extremely informative when we have questions of that.
0:34:14
And I think that's extremely important, especially for city employees who may be going through difficult, complicated question in trying to seek advice.
0:34:21
But what is the advice given when it comes to members?
0:34:25
Certainly, I'll give you an example.
0:34:26
What if a city employee comes to you?
0:34:29
An employee and raises a question to you that could impact, put them into violation, by the nature of even asking the question.
0:34:39
Does that trigger any sort of process that might penalize them for that?
0:34:44
Or what is the advice given to folks when they are seeking advice to form the the conflict of interest people.
0:35:04
And is there any instance where that is forwarded then onto a a process that could be punitive for them?
Milton Williams
0:31:19
So it's there I mean, it's there there when you say, shoot.
0:31:24
Should they be provided.
0:31:26
COVID is not in charge of providing anyone counsel.
0:31:30
So it's really up to the individuals.
0:31:34
I'm you said you go ahead.
0:31:55
So I don't wanna get out over my skis without having the ability to consult with my other board members.
0:32:00
Okay?
0:32:00
That would be important here because we've run a we we really consensus billing and collaborative.
0:32:05
I will say this so I don't skirt you.
0:32:07
Quick skirt your question.
0:32:09
I think in a lot of instances that I've seen, both in civil and criminal circumstances with employment situation, in big companies that if if if an individual is able to have a counsel just as a sounding board and to be there to represent them, it it it it could be helpful.
0:32:27
Yes.
0:32:30
It could be if the attorney is good.
0:33:36
very much.
0:33:38
And the credit, I'll just say goes to a lot of credit.
0:33:41
Most credit goes to Carol and deepen in this gap.
0:34:50
So my understanding is to to be and and my headache is to be fair.
0:34:56
So if someone's coming to ask a question, they should be treated fairly.
0:34:59
They should be given pros and cons and given objective advice to me to how they should proceed.
0:35:12
Not that I'm aware I'm not that I'm aware and not that I would not that I would be endorsed Okay?
0:35:20
I think the idea of having an advice line is to to help people avoid that situation.
0:35:26
We don't want a situation where an enfelacua better phrase.
0:35:29
I don't have a legalistic phrase for it.
0:35:30
We don't wanna play a game of Gotcha.
0:35:32
Okay?
Joseph Borelli
0:32:44
Yeah.
0:32:45
Just a statement to you, Mister Williams.
0:32:47
I I just wanna point out and and say on the record that many of us on the council appreciate the work that you guys do.
0:32:55
All of us are elected because we are entangled in our communities with friends and local business owners and family members, all of whom have, you know, whether it's a permit or or a contract some dealing with the city, and we all have our own investments in in life.
0:33:12
Your folks have been such a great sounding board.
0:33:15
And I I thought I was the only one bothering them.
0:33:18
But then over the last 10 years in the council, it turns out a lot of my colleagues have gone to them and ask for advice and have received very clear advice on what you could do, what you can do.
0:33:28
Almost all of us are here for the right reasons, and and it is appreciated that we have we we get very quick and clear answers on things.
0:33:34
So I just wanna say thank you.
0:33:36
Well, thank you