County auditor addresses unfair hiring claims

BENNER
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A Hawaii County audit has concluded the county does not have enough rules in place to prevent nepotism and unfairness in the hiring process for government positions.

At a Tuesday County Council committee hearing, county Auditor Tyler Benner presented the findings of a “whistleblower investigation report” regarding multiple unspecified allegations of unfair hiring practices.

While Benner’s presentation did not confirm ongoing or widespread nepotism among county hires, he did report that the its policies do not adequately prevent conflicts of interest, particularly compared to state anti-nepotism laws.

Benner said the investigation, which began after his office received a call on Feb. 28, centered around a single county department, but found several faults that also could be recurrent in other departments.

In particular, Benner noted that interview panels often have less than half an hour to identify potential conflicts of interests when reviewing lists of applicants for a job.

He added that at least one supervisor during the investigation failed to recuse themselves from a hiring panel despite a potential conflict of interest, and the department also allowed candidates to “field test” before an interview, circumventing the competitive recruitment process.

While Benner said the county charter does include a provision prohibiting a county supervisor from appointing or promoting a relative within their own department, it does not have a similar policy to a state law passed last year.

That 2023 state law includes more extensive prohibitions. While it includes the same provision against appointing or promoting family members as the county, it also prohibits state employees from awarding contracts that could benefit family members, as well as establishes penalties for violations. The law also provides for certain exceptions to the rule; for example, if an employee has a specific physical impairment that requires the employment of a particular relative.

Benner noted that the possibility of nepotism has been a known problem within the county — a 2022 audit of the Department of Human Resources’ hiring practices had similarly recommended a more robust definition of nepotism, familial relationships and a better system of oversight.

“We recognized this as being a potential issue back in 2022 … (but) at that time, we were told there wasn’t a state policy to align to,” Benner said. Now that the state policy is on the books, he said the time is right to revise the county’s processes.

Among his recommendations were new policies requiring prospective employees and interviewers to clearly declare any familial connections up front, as well as a less-specific recommendation for a comprehensive countywide policy “to ensure that the hiring and promotion of relatives are conducted fairly and impartially.”

Council members received Benner’s report with little comment.

While Kona Councilwoman Rebecca Villegas acknowledged there are “a lot of people related to one another on this island,” she reiterated that there needs to be greater accountability to offset the possibility of favoritism.

Kohala Councilwoman Cindy Evans said she “personally (doesn’t) see an issue with having family connections and people working in the same government … that’s irrelevant, people can do the job,” but she agreed the hiring process should be kept as free from familial bias as possible.

Benner later urged residents to contact the auditor’s office if they suspect fraud, waste or abuse within in county government. Inquiries can be submitted confidentially at concern@hawaiicounty.gov, or more specific contacts can be found at tinyurl.com/4kd5s92y.

Email Michael Brestovansky at mbrestovansky@hawaiitribune-herald.com.