CHC 1979-02-13 - Laserfiche WebLink

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didn ' t even know if they were going to be elected. So, after they are elected they have to spend this time in disposing of whatever interests may be in direct conflict with their responsibilities as an officer of the county. Particularly as a Councilman. So, frequently the Councilmen don ' t even know what may be a conflict until they assume office. So, what Ms. Lai is asking is that the code be amended so as to read that within 20 days after having been elected or appointed, you must submit this report in writing. It is a very simple amendment but it is not in the Charter, it is in the code. I think, perhaps , Mr. Miyashiro misunderstood in preparing this memorandum. Do you have any questions about the Code of Ethics as described in the Charter? MR. TRULSON: I believe the only question I would have would have to be of Mr. Miyashiro. I don ' t know what his feeling is on the various sections and subsections outside what he has stated here in part one. Which, I think , it refers , does it not, to the Sunshine Law, too? MS. GARCIA: If you mean Section 13-20(b) of the Charter, yes. That is the County' s Sunshine Law. As you know, there is the so-called State Sunshine Law which is Chapter 92 of the Hawaii Revised Statutes . But there is a provision at the very end of Chapter 92 of the_Hawaii_ Revised Statutes which says that =no. local_ ordinance_or__ - = Charter provision shall prevail over the statutory language, "i statutory being state law, ordinances and Charter provision being local or county law, shall prevail over the state provisions unless the local laws are more stringent. That is , it calls for more openness and less exemptions. Our Charter is much more stringent than the state law. We've had a couple of lawsuits filed , already, in which the local judges have ruled that we must follow with our Charter provisions rather that with our state law because they are more stringent. You can ' t be looser than the state statutes but you can be stricter. So, perhaps we could reschedule Mr. Miyashiro? MR. TRULSON: I believe so. MR. CADINHA: Is there anything in your mind that could be changed Charter-wise that would help the function of this Board? MS. GARCIA: I think that the Charter provisions are very much detailed and adequate from my perspective, in instructing and informing the members of the Board of Ethics what their responsibilities are. Especially Section 14-5 as described on page 37. I think, from my observation, the implementation of this section depends entirely on the tenacity of those people who are appointed to the Board. Are they willing to say ,"n_s "2 Are they willing to make an unpop- -11-