COM 0572.001 2010-2012 - Laserfiche WebLink

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AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 15, SECTION 80.1 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE CODE OF ETHICS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2, article 15, section 80.1 of the Hawai`i County Code 1983 (2005 Edition, as amended) is amended to read as follows: "Section 2-80.1. Distribution of mass mailings prohibited during campaign. [(a) No newsletters, brochures, legislative summaries, or other mass-mrailings of material by an incumbent council member within six months prior to a County election, or after any received by candidates from the Hawai`i election campaign fund, pursuant to section 11 217, Hawai`i Revised Statutes.] (a) Newsletters, brochures, legislative summaries, or other mass mailings of material designed to support a candidate's nomination, including electioneering communications as defined in section 11-341, Hawai`i Revised Statutes, shall not be circulated at public expense by: (1) An incumbent council member within six months prior to any County election, or after any member has filed nominationpapers, whichever comes first; (2) Any current employee or official of the County within six months prior to any County election, or after filing nomination papers, whichever comes first; (3) The incumbent mayor within six months prior to an election which the mayor may be re-elected, or after the incumbent mayor has filed nomination papers, whichever comes first; or (4) The incumbent prosecuting attorney within six months prior to an election which the prosecuting attorney may be re-elected, or after the incumbent prosecuting attorney has filed nomination papers, whichever comes first. This excludes public funds received by candidates from the Hawai`i election campaign fund, pursuant to section 11-421, Hawai`i Revised Statutes. (b) Any violation of this section constitutes use of government funds for campaign purposes, and shall be subject to any penalty, as authorized by law, including an administrative fine not to exceed $1,000, for each violation, as the board of ethics may determine." SECTION 2. Severability. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, such invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are to be severable.