REP FC 033 2015/09/01 (2014-2016)

Home

REPORT OF THE COMMITTEE ON FINANCE DATE: September 1, 2015 Re: Comm. No. 231.11/ Bill No. 37 (Draft 2) PLACE: Council Chambers Hilo, Hawaii TIME: 11:22 a.m. Council Chair and Members Hawai`i County Council Hilo, Hawai`i 96720 Your Committee on Finance, to which was referred Bill No. 37, reports as follows: Bill No. 37, Draft 2, transmitted by Margaret Wille, via Communication No. 231.11, dated July 27, 2015, amends Chapter 2, Article 15, of the Hawai`i County Code 1983 (2005 edition, as amended), relating to the code of ethics. This bill amends: 1) Definitions -revises definition for"agency"and adds definition for"immediate family"; 2) Fair Treatment -amends provision for use of County property to include"campaign purposes" and adds provision that places a $50,000 limit on any County contract for goods and services with a County officer or employee or a business where an immediate family member of a County officer or employee has a controlling interest of said business; 3) Conflicts of Interest -revises provisions for the ability of County officers and employees to represent private interests in legal actions/proceedings against the County or appear on behalf of private interests before any agency of the County; and 4) Contracts -establishes a$50,000 limit on any County contract with an officer or employee of the County, or a business in which the officer or employee of the County holds a controlling interest. On April 14, 2015, Council Member Margaret Wille introduced this bill via Communication No. 231,dated March 23, 2015, and explained that the administration introduced this bill in the previous term. Ms. Wille gave an overview of her changes that included an expansion of the definition of immediate family, provisions regarding the use of county property for union meetings and for other than public purposes, contracts awarded to employees of the County, and other changes. Council Member Aaron Chung and Chair Karen Eoff agreed that they would like to take another look at this bill and suggested postponement. This measure then was postponed to the call of the chair. On May 5, 2015, Council Member Margaret Wille commented regarding adjustments that were made to address concerns previously raised regarding union use of county property and contracts given to employees of the county. Corporation Counsel Molly Stebbins expressed her concerns regarding section to Section 2-83(b). that provides language regarding unions using county property and allowing campaign activity. Ms. Stebbins explained that currently under the ethics code you cannot use county facilities for campaign purposes, unless it is county facility available for rent by the general public. Ms. Stebbins questioned the intent of allowing campaigning at a county facility as long as opposing candidates are allowed to attend. Council Member Daniel Paleka commented that he has concerns regarding collective bargaining agreements between unions and the County of Hawaii regarding the use of county facilities. FC Report No. 33