Kokua Line

By June Watanabe

Tuesday, June 9, 1998


Ethics commission to call
workers with bad habits

I work for the state and am having difficulties with a co-worker due to her seemingly poor command of the English language, as well as her very different work habits. Half her telephone conversations, which should be to answer requests from the public, are in her native tongue. In addition, a surprising amount of material printed in her language, obviously not related to her job, is in her work area. She has even installed translation software on her work computer. If she is indeed using state time and equipment to perform work for the private sector, where may I file a complaint? Also are there any guidelines as to the extent to which languages other than English may be used in the workplace?

About your colleague performing nonstate work in the office, call the state Ethics Commission, 587-0460.

At the very least, the commission will inform your colleague that state law prohibits a worker from using state time, equipment or facilities for private, for-profit business, said the commission's executive director, Daniel Mollway.

"Sometimes people say I'm on my lunch break or my break, but if they're in the office, using office premises -- desk and whatever -- it's using state time, equipment and facilities, and definitely cannot be done," he said.

Even workers on the boards of nonprofit agencies may not do private business on state time or with state equipment, Mollway said.

There are several ways to report your concerns.

The most formal is to file a sworn complaint with the commission. In that case, by law, a copy of the sworn complaint must be sent to the person for a response.

You also may write to or call the commission. You need not leave a name. Sometimes people fear retaliation, and "we understand and respect that," Mollway said.

In those cases, "we'll just call up the (alleged violator) and say we don't know whether this is really happening or not, but this person says you're doing A, B and C, and if you are, we want to let you know that the law doesn't allow that."

The commission also usually touches base with the department head to monitor the situation or to follow up, Mollway said.

Many times, the person being complained about will say they didn't realize they were doing anything wrong, and that's enough to stop the activity, he said.

"In my experience," he said, every complaint, including anonymous ones, has shown "the person has called in good faith and usually been accurate."

Language requirements

Regarding how much English a state worker should speak, it depends on the job, said Jim Dote of the state Department of Human Resources Development.

If a job requires communication with the public or others, "a qualified applicant who can communicate in English and at an appropriate level of proficiency will be hired," he said. However, if fluent communication skills aren't required, an applicant will not be rejected simply because he or she does not speak fluent English.

To do so would violate the Equal Employment Opportunity principles and statutes, Dote said.

Also, a lot depends on the job.

For example, information specialists and visitor information workers need to be proficient in English, while the latter also may need to speak another language. But, a janitor may need only to understand simple instructions.

Dote suggested contacting the personnel officer in your department to express your concerns. That person would handle internal complaints such as yours.

Tapa

Mahalo

To Maurice Lucas. I misplaced a check and deposit slip for a substantial amount. He delivered it to my bank. -- No name





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