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<br /> <br /> <br /> <br /> <br /> <br /> AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 15, OF THE HAWAII COUNTY <br /> CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE IMPOSITION OF <br /> ADMINISTRATIVE FINES FOR VIOLATIONS OF THE COUNTY CODE OF ETHICS. <br /> <br /> BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L <br /> <br /> SECTION 1. Chapter 2, article 15 of the Hawaii County Code 1983 (2005 Edition, as <br /> amended), is amended by adding a new section to be appropriately designated and to read as <br /> follows: <br /> <br /> "Section 2- . Administrative fines. <br /> <br /> (a) Where an administrative fine has not been established for a violation of a provision of <br /> this article, any person, including a legislator or employee, who violates a provision of this <br /> article shall be subject to an administrative fine imposed by the board of ethics that shall not <br /> exceed $1,000 for each violation. All fines collected under this section shall be deposited in <br /> the County's general fund. <br /> <br /> (b) No fine shall be assessed pursuant to this section unless: <br /> <br /> (1) The requirements of Chapter 91 and Section 46-1.5(24), of the Hawai'i Revised <br /> Statutes, as amended, have been met; and <br /> <br /> (2) A decision has been rendered by the board. <br /> <br /> (c) This section shall not apply to County employees included in the civil service <br /> pursuant to HRS Chapter 76." <br /> <br /> SECTION 2. This provision does not affect rights and duties that matured, penalties that <br /> were incurred, and proceedings that were initiated prior to the effective date of this ordinance. <br /> <br /> <br /> SECTION 3. New material is underscored. In printing this ordinance, the brackets, <br /> bracketed material, and underscoring need not be included. <br /> <br /> SECTION 4. If any provision of this ordinance, or the application thereof to any person or <br /> circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the <br /> ordinance which can be given effect without the invalid provision or application, and to this end, the <br /> provisions of this ordinance are declared to be severable. <br /> <br /> SECTION 5. This ordinance shall take effect upon the date that the board of ethics formally <br /> adopts rules and procedures relating to the imposition of administrative fines, pursuant to Chapter <br /> 91, Hawaii Revised Statutes. <br />