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Honorable J Yoshimoto <br />Chair, Hawai`i County Council <br />25 Aupuni Street <br />Hilo, Hawai`i 96720 <br />BOARD OF ETHICS, County of Hawai'i <br />101 Aupuni Street, Suite 325, Hilo, Hawaii 96720 <br />Re: Bill 230 <br />Dear Chairman Yoshimoto: <br />April 7, 2010 <br />BOARD COMMENTS <br />1. Article 15, section 2 -82 - Definition of "Agency" <br />The Board had no comment to this proposal. <br />2. Article 15. section 2 -83 Fair Treatment - Contracting for goods or services <br />0 <br />fl <br />C.^7 <br />At the Finance Committee meeting of April 6, 2010, the Committee was informed that <br />the Hawai`i County Board of Ethics reviewed Mayor William P. Kenoi's proposed ethics <br />amendments, took verbal and written public testimony on the proposed amendments, and <br />submitted its recommendation to Mayor Kenoi. The Committee asked that the Board of Ethics <br />provide it with their comments to Mayor Kenoi's proposed amendments. The following <br />summarizes the Board's comments to those proposed amendments. <br />The Board believes that this proposal may be too restrictive because it prohibits <br />contracting in all situations where there may not be any direct or indirect influence by and <br />between the contracting party and the County agency. For example, the child of a County <br />employee would be barred from contracting as a lifeguard. The proposal would also prohibit <br />contracting even where the prospective contracting party has been awarded the contract in <br />accordance with the State procurement procedures for contracts in excess of $10,000. <br />One way to address any appearance of impropriety is to prohibit contracting between an <br />officer and employee and that officer or employee's own department. In other words, County <br />employees, their spouses and their children should not be prohibited from contracting with the <br />This proposal would prohibit County employees, and businesses in which County <br />employees, their spouses or dependent children own a controlling interest, from entering into any <br />contract with any County agency. <br />Fri <br />r, <br />G,nn,•, No. 7S 3 Z) <br />.. <br />Re i. To: ��....... .._ <br />Ref. Date APR 0 7 'into <br />