Petition 2021-02 - Informal Advisory Opinion (07-14-21)

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y . 2. Petitioner is a resident of the County of Hawai'i. 3. Petitioner is employed as an outside sales representative with BEI Hawai'i. 4. Petitioner will begin part-time employment with the County of Hawaii as a golf course starter on February 16, 2 02 1. 5. Petitioner previously worked on the Aquatics account involving the County of Hawai'i and after it was confirmed that he will be working part-time for the County of Hawai'i, he gave up the Aquatics account and currently does not have any accounts involving the County of Hawaii. 6. Hawai'i County Code Section 2-81, Applicability, states that "[t]his article shall apply to every officer and employee of the County." 7. Hawai'i County Code Section 2-84. Conflicts of interests, states in pertinent part: (a) No officer or employee shall take any official action directly affecting: (1) A business or other undertaking in which that officer or employee has a substantial financial interest; (2) A private undertaking in which the officer or employee is engaged as legal counsel, advisor, consultant, or representative, or other agency capacity; or (3) A business or undertaking in which the employee knows or has reason to know that a brother, a sister, a parent, an emancipated child, or a household member has a substantial financial interest, provided that the financial interests of these individuals shall not include those of any spouse or child. (b) No officer or employee shall acquire financial interests in any business or other undertaking which that officer or employee has reason to believe may be directly involved in official action to be taken by the officer or employee. 8. Based on the facts presented, there is no conflict of interest for Petitioner to work as a part-time employee as a golf course starter with the County of Hawaii and being employed as an outside sales representative by BEI Hawai'i as long as Petitioner's employment with BEI Hawai'i does not involve any accounts with the County of Hawai'i.