Hawaii County Code - Article 15. Code of Ethics

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§ 2-86 HAWAI`i COUNTY CODE Section 2-86. Informal advisory opinions. (a) Inquirer's Conduct. Any County officer or employee may petition the board for an informal advisory opinion concerning their own conduct by writing to the board. This opinion shall be informal in nature and all proceedings involving the investigation and deliberation of such inquiry shall, upon the request of the County officer or employee involved, be confidential, provided, the board determines that personal matters affecting the privacy of the County officer or employee are to be considered. Upon receipt of the petition, the board: (1) May investigate the matter on a confidential basis. The officer or employee involved shall comply with the informal advisory opinion issued by the board. (2) Through its chairman, shall notify the County officer or employee involved and shall request a statement indicating whether or not the officer or employee wishes a closed hearing. (b) Alleged Conduct of Someone Other than Inquirer. Any person or the board itself may petition the board for an informal advisory opinion on an alleged violation of the code of ethics by an officer or employee. The petition shall be filed within six years of the alleged violation. A petition shall be deemed to have been filed when it is received by the board or when a majority of the members to which the board is entitled sign the petition. Nothing herein shall bar proceedings against a person who, by fraud or other device, prevents the discovery of a violation of the code of ethics. This opinion shall be informal in nature and all proceedings involving the investigation and deliberation of such inquiry shall, upon the request of the County officer or employee involved, be confidential, provided, the board determines that personal matters affecting the privacy of the County officer or employee are to be considered. Upon receipt of the petition, the board: (1) Through its chairman, shall notify the County officer or employee involved and shall request a statement indicating whether or not the officer or employee wishes a closed hearing. (2) Shall notify the officer or employee against whom a charge is received and afford the officer or employee an opportunity to explain the conduct alleged to he in violation of this article. The hoard may investigate, after compliance with this section, such charges and render an informal advisory opinion on the alleged conduct. The officer or employee involved shall comply with the informal advisory opinion issued by the board. (c) Any petition filed under this section shall be submitted in duplicate and shall contain: (1) The name, address and telephone number of the petitioner; (2) A statement of the nature of petitioner's interest including reasons for the submission of the petition; (3) The specific provision of the code of ethics in question; (4) A complete statement of facts; (5) A statement of the position or contention of the petitioner; and 2-34