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<br />• procurement of utility services. . with local audience. Such announcements shall be_ Section 12-26. Public Defender. The office of. public.
<br /> broadcast at least twenty-four hours in advance of such defender shall be established by ordinance of the council
<br />• Section 12-14. Facsimile Signatures.. Whenever any meeting. To assure the widest possible coverage, the when there is no other private or public agency which is
<br /> person is required to sign on behalf of the county meeting notice shall be released to radio stations in this adequately performing this function.
<br /> • negotiable instruments or multiple bonds, the signature county and the announcements shall be programmed to be -.
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<br /> may be a facsimile.• heard between the hours of 7:00 A.M. to 5:00 P.M. In Section 12-27. County Election. No person shall be a
<br /> addition to the above requirements,notice of such special -candidate for more than one elective office in the same
<br /> meeting.shall be conspicuously posted on the bulletin election,norshall a candidate defeated in the primary
<br /> Section 12-15. Title to Property. Except as otherwise board of the Hawaii County Building. A brief resume of election seek an elective office in the general election
<br /> provided by law, title to all property acquired by any be statedin the me- principal osted to noticetake as well as in thn up at such e no shall
<br /> who has expired, withdrawn or ess placed on said ballot as a ubeen thdisqualified te for a f candidateo
<br /> agency of the county shall be vested in the county. • released to the news media. person is elected to a county office, the county council
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<br /> . shall appoint a person to fill such office.County elections
<br /> - shall be conducted in'accordance with the election laws of
<br /> Section 12-16. Payment of Moneys Out of the County the State insofar as applicable. -
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<br /> Treasury. All disbursements of county-controlled funds (d) Business conducted by the council,board or com= ,
<br /> shall be made pursuant to procedures prescribed by the
<br /> director of finance. mission during a meeting which does not conform to the
<br /> provisions of this section shall be null and void. -
<br /> - - (e)News Gatherer's Sources,Privileged.No legislative
<br /> Section 12-17. 1✓zpenses. Subject to procedures or administrative body,or any other County body having
<br /> - the director of finance and approved by thethe power to issue subpoenas shall adjudge in contempt ARTICLE XIII by -
<br /> any publisher,editor or reporter,who is or was connected CODE OF ETHICS
<br /> mayor,all byofficers and employees of the county shall
<br /> entitled to travel,or other necessary expenses.in the with or employed by a newspaper,press association,wire •
<br /> performance of their official duties as provided by or- service, or a radio or television station, for refusing to Section 1,13-1 Enactment. The_council"shall adopt by
<br /> disclose, in any County action, hearing, investigation, . ordinance a code of ethics which shall provide as a
<br /> dinance• • - inquest, or inquiry, the source of any information minimum standard the provisions of this article. More-
<br /> procured connected or employed by the newspaper, stringent provisions may be enacted.
<br /> press association,wire service,or station for publication
<br /> Section 12-18. Claims.No action shall be maintained for in a newspaper or for news or news commentary purposes . .
<br /> the recovery of damages for any injury to persons or on radio or television.(As amended by Ordinance No.58, Section 13-2..Standards.It shall constitute a conflict of
<br /> property by reason of negligence or other act of any of- effective Nov. 26, 1974). interest for.any employee or officer of the county to:
<br /> ficial or employee of the county unless a written _ (a) Solicit or accept any gift, loan, gratuity, favor,
<br /> statement stating fully when,where and how the injuries promise or service with the understanding that the same
<br /> occurred, the apparent extent thereof and the tentative - - may influence him in the proper discharge Of his official
<br /> amount claimed therefor shall have been filed with the - duties.
<br /> county clerk within two years after the date the injury was Section 12-21. Cooperation with Other Agencies.In the (b)Use his official position to secure special privileges,
<br /> . sustained. • .. performance of its functions,each agency of the county consideration,treatment or exemption to himself or any
<br /> shall cooperate with private agencies and with agencies of person beyond that which is available to every other
<br /> the governments of the United States,the State and other person.
<br /> Section 12.19. Annual Reports. Not later than ninety states and with any of their political subdivisions having • (c) Engage in any business,transaction or activity or
<br /> days after the close of the fiscal year,each agency of the similar functions. , - have a financial interest,direct or indirect,which might
<br /> county shall makean annual written report--of its ac- reasonably tend to be incompatible with the proper
<br /> tivities to the mayor in such form and under such rules as- discharge of his official duties or-to-impair--.his in-
<br /> the mayor may prescribe.' - - dependence of judgment in the performance of his official
<br /> Not later than one hundred twenty days after the close duties. -
<br /> of the fiscal year, the-mayor shall publish an annual Section 12-22. Coordination of Work. The mayor shall (d) Receive any compensation for his services as an
<br /> report;concerning the activities of all agencies of the devise a practical and working basis for the cooperation officer or employee of the county from any other source
<br /> county.A copy of such report shall be filed in the office of and coordination of work,by the various agencies to other than the county, except as otherwise provided by _
<br /> the county clerk. . - eliminate duplication and overlapping of functions, and this charter or by law. - - . . - •
<br /> ' such agencies shall,so far as practicable,cooperate with (e) Appear in behalf of private interests for com-
<br /> - each other in the use of employees, land, building,- pensation before any agency of the county other than a
<br /> quarters, facilities and equipment. The head of any court of law,nor represent private interests in any action-
<br /> Section 12-20.Records and Meetings Open to the Public: agency may empower or require an employee of another proceeding against the interest of the county in any
<br /> • (a)All books,minutes and records of every agency of agency,subject to the consent of the head of such other litigation to which the county is a party.An officer serving
<br /> the county shall be open to the inspection of any person at agency,to perform any duty which he might require of the the county without compensation,however, may appear
<br /> - any time during business hours, except as otherwise employees of his agency.Whenever in this charter power for compensation in behalf of private interests before
<br /> provided by law. Certified copies or extracts from suchys vested in an agency to inspect,examine or secure data' county agencies other than the one on which he serves and
<br /> books and records shall be given by the officer who has or Information or to procure assistance from any other other than those agencies that have the power to review
<br /> -custody of same to any person requesting such copies andagency,,a duty is hereby,imposed upon the agencyupon the actions of the agency on which he serves,or to alt on
<br /> extracts and paying or tendering a reasonable fee to be which demand is made to render such power effective. - the same subject matter as the agency on which he ser-
<br /> • fixed by the council. • . • - ves. -
<br /> (b)All meetings of the council,boards and commissions • . - (f) Accept a retainer, compensation or election cam- .
<br /> shall be held in the council meeting room or other public paign contribution that is contingent upon action by a
<br /> places and no such bodies shall take any official action county agency.
<br /> except at a meeting open to the public.Where personal Section 12-23.Declaration of Emergencies. The mayor -
<br />• • matters affecting the privacy of an individual are to be may-declare emergencies when the peace,life,property,
<br /> • considered,the council,board or commission may,at the •
<br /> health, safety or morals of the community are en- _
<br /> request of the individual involved,consider such matters dangered, but his failure or refusal to make such a Section 13-3. Disclosure of Interest.,It shall be in-
<br /> in closed session; however, any official action resulting declaration, shall not preclude the council from finding cumbent upon all employees or officers of the county to: '
<br /> therefrom shall be acted upon in an open meeting.Boardsthat an emergency exists. (a) Make full disclosure in writing to his appointing
<br /> and commissions that are empowered to give - - authority or to the council in the case of an elective of-
<br /> examinations to determine the capabilities of individuals - - ficer, the possession or acquisition of any interests,
<br /> shall be excepted from the provisions of this section when financial or otherwise as might reasonably tend to create .
<br /> technical examinations and questionnaires are. being • a conflict with the public interest. Any member of the
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<br /> drafted by such bodies. council who knows that he has a-personal interest,direct
<br /> The term"official action"as used in this section means Section 12-24: Waiver of Charter Provisions. If any or indirect;in any action proposed or pending before the '
<br /> a collective decision made by a majority of the members provision of this charter jeopardizes the receipt by the council shall disclose such interest prior to the taking of -
<br /> county of any federal grant-in-aid or other federal
<br /> of the council,board or commission,or an actual vote by a allotment of money, •such provision,may,inso• •as such any vote thereon.
<br /> majority of the members of the council, board or com- fund is jeopardized, be waived by the council upon (b)File a copy of such disclosure with the county clerk
<br /> mission,when sitting as a body or-an entity, upon any recommendation of the mayor. Waiver shall be ac- which shall become a matter of public record.
<br /> matter before the council, board or commission. -
<br /> complished byordinance adopted as prescribed in Section
<br /> (c)The time and place of all regular meetings of the 3-12 except that duly advertised public hearing shall be
<br /> council,board or commission shall be provided in the held between first and second readings.Such waiver shall
<br /> rules adopted for the conduct of its business. Except as Section 13.4.. Conduct of Employees. Officers and _
<br /> continue in effect only for the period of time required by
<br /> otherwise provided in this charter,a special meeting may employees of the county while discharging their duties
<br /> be called by the presiding officer of the council,board.or the specafic grant-in-aid or allotment. and dealing wth the public shall adhere to the following
<br /> commission when the date,time and place of such special - precepts: . - -
<br /> meeting are announced prior to adjournment of a regular - , .- •- (a)All public property and equipment are to be treated
<br /> meeting;otherwise a special meeting can be called only - - as a_public trust and are not to be used in a proprietary
<br /> • upon the publication of a notice of-such•meeting in'a Section 12-25. Separability. If any provision of this manner or for the personal purposes without proper
<br /> newspaper of general circulation in this county at least charter is held unconstitutional,or invalid, the other , consent.
<br /> twenty-four hours in advance of such meeting. If the provisions of this charter shall not be affected thereby.If (b)No person in a supervisory Capacity shall engage in.
<br /> requirement with respect to publication'ofnotice cannot the application of the charter or of any of its provisions to personal or business relationships with subordinates
<br /> be met because of insufficient time,the meeting notice any person or circumstance is held unconstitutional or which might intimidate said subordinates in the discharge-
<br /> shall be made by broadcasting a minimum of three an- invalid the application of the charter and its provisions to of their official duties. -
<br /> nouncements in the English language over FCC licensed other persons or_circumstances shall not be affected (c)All persons shall be treated in a courteous,fair and
<br /> public radio-stations in this county or television stations thereby. - . • impartial manner. -
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