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RUDELE DE LIMA RECD ••f iVED <br /> ATTORNEYS AT LAW <br /> 7010 III11 6 BM (.1 57 <br /> April 6, 2010 COUl�1 �' 'i- 1. _, "Vt(d1 . . <br /> Chairman Onishi and Members of the Committee <br /> Hawaii County Council <br /> County Building <br /> Hilo, Hawaii 96720 <br /> Dear Chairman Onishi and Members of the Committee, <br /> I am Brian De Lima and I am an attorney representing Kamaaina Pumping, Inc. Kamaaina <br /> Pumping, Inc., is a corporation with a shareholder that is employed with the County of Hawaii. <br /> On behalf of my client, we are opposed to the proposal. The transmittal by Mayor Kenoi to the <br /> Board of Ethics acknowledges that there is a long history of enterprising county workers having a <br /> long history of providing goods and services to the county through their private companies. In <br /> addition, it should be noted that the County employs everyday special duty police officers that <br /> perform an important service for a myriad of individuals and businesses that would be illegal <br /> under the terms of the proposed amendment. The Board of Ethics proposal as I understand it <br /> addressed this problem. <br /> The existing code specifically prohibits any officer and employee from seeking employment or <br /> contract for services for onesel by the use or attempted use of the officer's or employee's office <br /> or position. This is the conduct that should be prohibited. <br /> However, the proposed amendment seeks to prohibit any county employee from having any <br /> business relationship with the County unless that employee is less than a majority owner of a <br /> business. Such an exception, I suggest would make the proposal meaningless for private <br /> businesses would merely incorporate and provide the employee less than a controlling interest in <br /> the corporation. However, this would not solve the problem of the special duty police officer, <br /> because they are actually paid through the County. This result would be tragic because special <br /> duty police officers perform valuable services to the community. <br /> It is important to note that foundation of our government is free enterprise and competition serves <br /> the public interest. The tax payers benefit when more companies are able to bid on contracts. <br /> Existing law presently prohibits any contract being awarded where the employee or officer had <br /> anything to do with the contract. �,' <br /> Comas 1o, <br /> Ref.. kw )'resented re-.° <br /> Ref. Deis twn u 6 2010 <br /> 101 AUPUNI STREET • SUITE 177 • HILO, HAWAII 96720 • (808) 969 -7707 • FAX: (808) 969 -6606 <br />