Honolulu Ethics Comm: ADVISORY OPINION 2018-1

From Honolulu Ethics Commission, March 21, 2018

A city employee (“Employee”) misused city resources for the Employee’s own benefit when the Employee failed to take appropriate vacation leave when working at a non-city job. After good faith negotiation, the parties settled this matter without going to contested case hearing. As such, the Commission makes no findings of fact or conclusions of law. However, as part of the Settlement Agreement, Employee admits to all allegations contained in the Notice of Alleged Violation (“Notice”) and has reimbursed the city in the amount of $1,891.20 (approximately 62 hours of city time) that should have been deducted in vacation time for hours spent at the non-city job. In turn, the Commission dismissed the Notice and has recommended to Employee’s appointing authority that no further action be taken in relation to the 62 hours of vacation time reimbursed to the City.

(MATH: $1891.20 / 62 = $30.50 per hour)

On November 14, 2016, the Commission received anonymous information that Employee was using city time to work at Employee’s non-City job. Staff commenced its preliminary investigation.

Staff determined that Employee worked for the city since the mid-90s. In 2011, Employee became a supervisor. Employee’s normal city work hours are Monday through Friday from 7:00 a.m. – 3:30 p.m….

Employee is required to clock in and out at the non-City business using a machine that records Employee’s ID number and hand print. The non-City business has multiple employee parking lots located within five (5) miles away from Employee’s city office. …

A review of the documents resulted in a finding of approximately 62 hours of overlapping time from the City job and the non-City job between June 2016 to December 2016. The overlap occurred when Employee was working at the non-City job at the same time Employee was allegedly working for the City; or when Employee was on sick leave from the City job but simultaneously working at the non-City job. In either case, Employee should have taken vacation leave in order to work for the non-City job….

Employee has worked for the City for 25 years with no prior disciplinary issues. ….

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KHON: Settlement reached after city worker is accused of misusing resources