COM 0758.004 2008-2010 - Laserfiche WebLink

Home

Chairman Yoshimoto and Members of the Council May 18, 2010 Page Two My client Kamaaina Pumping, Inc., will not be affected by Bill 230 because no employee shall have any controlling interest in Kamaaina Pumping, Inc. However, Bill 230 if it is enforced by the Board of Ethics as it should be if it becomes the law, will expose the County to lawsuits that will cost the taxpayers more money because any law passed by this Council must provide for equal protection of all citizens and must be strictly construed particularly when it prohibits a citizen from applying for a public contract. The existing code specifically prohibits any officer and employee from seeking employment or contract for services for oneself by the use or attempted use of the officer's or employee's office or position. This is the conduct that should be prohibited. This absolute prohibition based on mere employment status has no utility and will expose the county to significant liability. It is important to note our economic system is based on free enterprise and competition. Government should promote laws that are fair to all citizens and support our free enterprise system. When the existing ethic laws were written it was drafted to serve the public interest. The tax payers benefit when more companies are able to bid on contracts. Particularly in tough economic times, the more competitive bidders the better. The competitive bidding process saves the County and taxpayers millions of dollars. Existing law prohibits self dealing and conflicts of interests so the inclusion of this new language and prohibition in Bill 230 cannot be viewed as solving any specific problem particularly when bids are sealed. Should you have any questions, please do not hesitate to ask and I shall endeavor to answer your questions or concerns.