Date: 201911
Local time of day: 1801-2400
Location: HCF.TRACON, HI
Flight conditions: VMC
Aircraft: Helicopter
Operator: FBO
Operating under: Part 91
Flight plan: VFR
Mission: Passenger
Flight phase: Initial Climb
Airspace: Class C OGG
ATC / advisory: TRACON HCF
Reporter organization: Government
Reporter function: Approach
Reporter qualification: Air Traffic Control Fully Certified
Human factors: Situational Awareness; Confusion; Training / Qualification
Anomaly: ATC Issue All Types; Deviation / Discrepancy - Procedural Published Material / Policy; Inflight Event / Encounter CFTT / CFIT
Detector: Person Air Traffic Control
When detected: Routine Inspection
Result: General None Reported / Taken
Contributing factors: Manuals; Procedure; Airspace Structure; Company Policy; Human Factors
Primary problem: Manuals

Narrative: I was advised by my [Union] Representative of an event concerning a helicopter on a vector below the MVA (Minimum vectoring Altitude). I never knew this was an issue and did not file a report concerning this. But someone did file a report on the helicopter issue and the reason they did is to clarify if; at all; was this a violation of MVA's. Management is unsure if in fact it was; and so are overreaching for clarification. It puzzles me because I assumed the FAA has their own Safety Officers and Interpretations teams and can easily find out if in fact this was a safety event. But I think they are soliciting for clarification in hopes of recommendation of performance training or some kind of non-punitive remedy. This gives the managers the opportunity to provide said training and the opportunity to purposefully deem your training unsatisfactory and then would be able to move on legally to Article 20 in the [Union] FAA contract; grounds for Removal from the FAA. I hope this is wrong on my part; but Management is known to be very predatory in nature.A helicopter departed eastbound and by LOA (Letter of Agreement) all eastbound Helicopters are restricted to maintain at or below 2;000 ft. because of downwind traffic. In this scenario I did have traffic on the downwind descending to land. I reissued the restriction that was issued by the Tower for the helicopter to maintain at or below 2;000 ft. and turn on a heading of 080. Therein lies the question. This was done to separate descending jet traffic from a departing VFR helicopter with Class C Airspace; an established VFR program for operations. I was trained and briefed by in the past; that as long as you don't assign a hard altitude; you can turn the VFR helicopters below the MVA. It is up to the pilot if the vector and or altitude restriction is unacceptable or cannot be complied with. The scenario played out quick and fast and within 30 to 45 seconds. The helicopter saw the traffic and was advised to maintain visual separation; cancel altitude restriction; resume own navigation and caution wake turbulence. I also believe that 7110.65Y Section 6 Vectoring 5-6-1 Application Vectoring aircraft C. via note and I quote 'VFR aircraft not at an altitude assigned by ATC may be vectored at any altitude. It is the responsibility of the pilot to comply with the applicable parts of CFR Title 14.'From my extensive career at this facility and the many years that I have been working the Approach sector the altitude restriction of maintain at or below 2;000 ft. issued by the Tower for helicopters eastbound is allowable by virtue of the note and any vectors issued to the departing helicopter for separation within the Class Charlie is allowable. To ascertain Target Resolution or 'Green in Between' between VFR aircraft and IFR aircraft sometimes times require a vector of 10 degrees right or 20 degrees left to achieve a safe and orderly flow of traffic. The assignment of 'at or below altitudes' constitutes plural altitudes; not singular. The note at 5-6-1 specifically identifies a singular altitude. At or below altitude assignments are plural in nature and do not constitute a singular altitude. Also in 5-6-1 section G; vector aircraft operating VFR at those locations where a special program is established. I believe our Approach sector is an established special program by virtue of being designated a Class C Airspace.




Synopsis: Center Controller reported a conflict with Management regarding a VFR aircraft that was assigned an altitude below the sector MVA.