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MIN CHC 1989-11-30
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MIN CHC 1989-11-30
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4/9/2018 3:31:46 PM
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4/9/2018 3:31:45 PM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1989
Meeting date
11/30/1989
Type
MIN
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AGE CHC 1989-11-30
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\County Clerk - Council\County Clerk\Charter Commission\1990\Agendas
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gift, subscription, loan, advance, or deposit of money <br /> or anything of value, and includes a contract, promise, <br /> or agreement, whether or not legally enforceable, to <br /> make a contribution. <br /> H.R.S. §76-92 establishes other rules for civil service <br /> employees (and others) : it illegal for any candidate, public <br /> officer, or employee to "solicit or assess" political <br /> contributions from civil servants; it is illegal for any person <br /> to solicit political contributions from civil service employees <br /> in public buildings; it is illegal to allow political <br /> contributions or activities to influence personnel decisions; and <br /> it is illegal for one public officer or employee to give anything <br /> to another to be applied to any political purpose. <br /> You will recall from my earlier letter on State-County <br /> relations that in civil service matters State law will prevail <br /> over contradictory provisions in a County charter. HGEA v. <br /> County of Maui, 59 Haw. 65, 576 P. 2d 1029 (1978) . H.R.S. §76-91 <br /> and §76-92 apply to civil service employees of Hawaii County, and <br /> police officers are civil service employees. Therefore, the <br /> County Charter cannot impose restrictions on the political <br /> activities of police officers that contradict the rights given in <br /> H.R.S. §76-91. <br /> An argument can be made that the County may not impose any <br /> political limits beyond those contained in H.R.S. §76-91 and §76- <br /> 92. There is a legal doctrine called "pre-emption" : when the <br /> State legislature has enacted a law that is intended to <br /> completely regulate the particular subject area, the County <br /> cannot enact further laws, even if they do not directly <br /> contradict State law. I would not regard the political <br /> activities of civil service employees as a pre-empted issue <br /> because the State constitution gives the counties the power to <br /> enact a code of ethics for its employees, and the regulation of <br /> political activities is closely related to ethics in 'government. <br /> (Haw. State Const. art. xiv. ) <br /> H.R.S. §76-91 covers most political actions. I would <br /> interpret the right to belong to a political organization to <br /> include taking an active role in a political campaign and to hold <br /> an office in a political party or subcommittee. The major <br /> political activity not mentioned in H.R.S. §76-91 is candidacy <br /> for public office (or holding public office) , and the County <br /> could prohibit this. The County may also forbid any political <br /> activity by police officers while in uniform. This is consistent <br /> with the prohibition in H.R.S. §76-91 against the use of official <br /> position or authority for political purposes: any time a police <br /> officer acts while in uniform, there exists the strong appearance <br /> that he or she is invoking the authority of that uniform. <br /> Political activities during work hours may also be prohibited: <br /> 697 <br /> -3- <br />
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