|
A DMINISTRATION § 2-84
<br />A person whose position on a board, commission, or committee is mandated by
<br />statute, charter, code, or resolution to have particular qualifications shall only be
<br />prohibited from taking official action that directly and specifically affects a business
<br />or undertaking in which that person has a substantial financial interest; provided
<br />that the substantial financial interest is related to the member’s particular
<br />qualifications.
<br />(b) No officer or employee shall acquire financial interests in any business or other
<br />undertaking which that officer or employee has reason to believe may be directly
<br />involved in official action to be taken by the officer or employee.
<br />(c) No officer or employee shall represent private interests in any legal action or
<br />proceeding against the County or appear on behalf of private interests before any
<br />agency, except as otherwise provided by law; provided:
<br />(1) This prohibition shall not apply to a County employee or officer who is an
<br />architect, landscape architect, surveyor, or engineer registered as such under
<br />the provisions of chapter 464, Hawai‘i Revised Statutes, with respect to the
<br />affixing by such registered professional of such person’s registered stamp to
<br />any plans, specifications, drawings, etc., to be submitted to the County for
<br />permits for such person’s principal residence or that of such person’s
<br />immediate family member; provided, that the stamp is accompanied by a
<br />signed statement that the work was prepared by the person stamping the
<br />document or under such person’s supervision; and provided further, that the
<br />registered professional may not, in the capacity of a County employee or
<br />officer, review, approve or otherwise act upon the plans, specifications,
<br />drawings, etc., such person has stamped; and
<br />(2) No officer or employee shall be denied the right to appear before any agency to
<br />petition for redress of grievances caused by any official act or action affecting
<br />such person’s personal rights, privileges, or property, including real property.
<br />(d) Notwithstanding any provision of this article to the contrary, a member of any
<br />board, commission, or committee may appear on behalf of private interests before
<br />agencies other than the board, commission, or committee on which such person
<br />serves.
<br />(2002, ord 02-109, sec 4; am 2015, ord 15-103, sec 4; am 2025, ord 25-38, sec 6.) 2-84
<br />Section 2-85. \[Former\] Repealed.
<br />(1983 CC, c 2, art 15, sec 2-85; rep 2002, ord 02-109, sec 3.)
<br />Section 2-85. Contracts.
<br />(a) A County agency may enter into a contract involving services or property or to
<br />procure or dispose of goods or services, or for construction, with an officer, an
<br />employee, or a business in which an officer or an employee or the officer or
<br />employee’s immediate family member has a controlling interest, provided the
<br />provisions in section 2-83, subsection (c) have been met, and further provided:
<br />(1) The contract is awarded by competitive sealed bidding pursuant to the state
<br />public procurement code; or
<br />SUPP. 18 (7-2025)
<br />2-33
<br />
<br />
|