HomeMy WebLinkAboutCOM 0356.011 2010-2012 8083294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 09:59:33 a.m. 10-19-2011 1 /6
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3083294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 09:59:38 a.m. 10-19-2011 2/6
noncandidate committee, or other person or entity subject to this chapter, who •
sought the opinion and acted in reliance on it in good faith, unless material facts
were omitted or misstated by the persons in the request for an advisory opinion.
Nothing in this section shall be construed to allow the commission to issue rules
through an advisory opinion.
(b) In performing the functions and duties under this subpart, the commission may
subpoena witnesses, examine them under oath, and require the production of books, papers,
documents, or objects, to the commission office at any place in the State whether or not the
subpoena is in connection with any hearing; provided that the person or documents subpoenaed
shall be relevant to a matter under study or investigation by the commission. The books, papers,
documents, or objects may be retained by the commission, for a reasonable period of time for the
purpose of examination, audit, copying, testing, and photographing. The subpoena power shall
be exercised by the chairperson of the commission or such other person as the chairperson may
designate. Upon application of the commission, obedience to the subpoena shall be enforced by
the circuit court in the county where the person subpoenaed resides or is found in the same
manner as a subpoena issued by a circuit court.
(c) The commission shall be exempt from section 26-35(1), (4),and(5)and shall:
(1) Make direct communications with the governor and legislature;
(2) Make all decisions regarding employment, appointment, promotion, transfer,
demotion, discharge, and job descriptions of all officers and employees of or
under the jurisdiction of the commission without the approval of the comptroller;
and
(3) Purchase all supplies, equipment, or furniture without the approval of the
comptroller.
The commission shall follow all applicable personnel laws. [L 1979, c 224, pt of§2; am L
1980, c 232, §1; am imp L 1984, c 90, §1 ; am L 1993, c 8, §53; gen ch 1993; am L Sp 1995, c
10, pt of§2; am L 1997, c 2, §1; am L 1997, c 375, §3; am L 1999, c 96, §2; am L 2000, c 253,
§150;am L 2004,c 57§4; am L 2005, c 203,§3;am L 2008,c 244, §25]
§11-194 Registration. (a) Each candidate or noncandidate committee shall
register with the commission by filing an organizational report as set forth in section 11-196 or 11-
196.5 as applicable.
(b) Each candidate shall file an organizational report within ten days of:
(1) Filing the nomination papers for office;or
(2) The date the candidate or candidate's committee receives contributions or makes
expenditures that amount to more than $100 in the aggregate during the
applicable election period,whichever occurs first.
(c) An elected official who is seeking reelection to the same office in successive
elections shall not be required to file an organizational report under this section unless the
candidate is required to report a change in information pursuant to section 11-196(b); provided
that the candidate has not sought election to any other office during the period between elections.
(d) A noncandidate committee shall file an organizational report within ten days of
receiving contributions or making expenditures that amount to more than $1,000, in the
aggregate, in a two-year election period; except that within the thirty day period prior to an
election, a noncandidate committee shall file an organizational report within two days of receiving
contributions or making expenditures that amount to more than $1,000, in the aggregate, in a
two-year election period. [L 1979,c 224, pt of§2,am L 1980, c 246, §1(b);am L 1981,c 218, §1;
am 1987,c 369, §1(2); am L 1995, c 27, pt of§7; am L 1997, c 375, §4; am L 1999,c 96, §3 and
c 141; am L 2000, c 99,§1; am L 2005, c 203,§4; am L 2007,c 200, §3]
§11-195 Filing of reports, generally. (a) All reports required to be filed under
this subpart by a candidate's committee shall be certified by the candidate and treasurer.
Reports required to be filed under this subpart by a noncandidate committee shall be certified by
the chairperson and treasurer.
(b) All reports required under this subpart shall be electronically filed on the
commission's electronic filing system.
7 March,2010
8083294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 10:00:14 a.m. 10-19-2011 3/6
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noncandidate committee, or other person or entity subject to this chapter, who
sought the opinion and acted in reliance on it in good faith, unless material facts
were omitted or misstated by the persons in the request for an advisory opinion.
Nothing in this section shall be construed to allow the commission to issue rules
through an advisory opinion.
(b) In performing the functions and duties under this subpart, the commission may
subpoena witnesses, examine them under oath, and require the production of books, papers,
documents, or objects, to the commission office at any place in the State whether or not the
subpoena is in connection with any hearing; provided that the person or documents subpoenaed
shall be relevant to a matter under study or investigation by the commission. The books, papers,
documents, or objects may be retained by the commission,for a reasonable period of time for the
purpose of examination, audit, copying, testing, and photographing, The subpoena power shall
be exercised by the chairperson of the commission or such other person as the chairperson may
designate. Upon application of the commission, obedience to the subpoena shall be enforced by
the circuit court in the county where the person subpoenaed resides or is found in the same
manner as a subpoena issued by a circuit court.
(c) The commission shall be exempt from section 26-35(1), (4),and(5)and shall:
(1) Make direct communications with the governor and legislature;
(2) Make all decisions regarding employment, appointment, promotion, transfer,
demotion, discharge, and job descriptions of all officers and employees of or
under the jurisdiction of the commission without the approval of the comptroller;
and
(3) Purchase all supplies, equipment, or furniture without the approval of the
comptroller.
The commission shall follow all applicable personnel laws. [L 1979, c 224, pt of§2; am L
1980, c 232, §1; am imp L 1984, c 90, §1 ; am L 1993, c 8, §53; gen ch 1993; am L Sp 1995, c
10, pt of§2; am L 1997, c 2, §1; am L 1997, c 375, §3; am L 1999, c 96, §2; am L 2000, c 253,
§150;am L 2004,c 57§4; am L 2005,c 203, §3;am L 2008, c 244, §25]
§11-194 Registration. (a) Each candidate or noncandidate committee shall
register with the commission by filing an organizational report as set forth in section 11-196 or 11-
196.5 as applicable.
(b) Each candidate shall file an organizational report within ten days of:
(1) Filing the nomination papers for office;or
(2) The date the candidate or candidate's committee receives contributions or makes
expenditures that amount to more than $100 in the aggregate during the
applicable election period,whichever occurs first.
(c) An elected official who is seeking reelection to the same office in successive
elections shall not be required to file an organizational report under this section unless the
candidate is required to report a change in information pursuant to section 11-196(b); provided
that the candidate has not sought election to any other office during the period between elections.
(d) A noncandidate committee shall file an organizational report within ten days of
receiving contributions or making expenditures that amount to more than $1,000, in the
aggregate, in a two-year election period; except that within the thirty day period prior to an
election, a noncandidate committee shall file an organizational report within two days of receiving
contributions or making expenditures that amount to more than $1,000, in the aggregate, in a
two-year election period. [L 1979,c 224, pt of§2,am L 1980, c 246,§1(b);am L 1981, c 218, §1;
am 1987, c 369, §1(2); am L 1995, c 27, pt of§7; am L 1997,c 375, §4; am L 1999, c 96, §3 and
c 141;am L 2000, c 99,§1; am L 2005, c 203, §4; am L 2007, c 200, §3]
§11-195 Filing of reports, generally. (a) All reports required to be filed under
this subpart by a candidate's committee shall be certified by the candidate and treasurer.
Reports required to be filed under this subpart by a noncandidate committee shall be certified by
the chairperson and treasurer.
(b) All reports required under this subpart shall be electronically filed on the •
commission's electronic filing system.
7 March.2010
8083294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 10:00:51 a.m. 10-19-2011 416
§ 2-91.2 1-L4 AI°t COUNTY CODE
(e) in addition to any other penalty provided by law, whenever any former officer or employee has obtained.
or assisted any other person to obtain, favorable County action and the former officer or employee
violated(a)or(b)above in the course of the obtaining of such action,the County may void such action,
provided that the County shall act to void the action within sixty days of its discovery of the violation and
shall,insofar as possible,avoid damaging the interests of innocent third parties.
(1) The board of ethics is hereby empowered to receive petitions from, and render informal and formal
advisory opinions to:
(f) Former officers or employees who request advisory opinions regarding their own conduct in
relation to this section,A former officer or employee whose employment may violate the provisions
of this section shall request an informal advisory opinion from the board prior to accepting or
engaging in such employment;or
(2) Any member of the public concerning the conduct of a former officer or employee.
The board may initiate an investigation to determine whether the conduct of a former officer or
employee is in violation of this section.
(g) A former officer or employee shall not be deemed in violation of this section with respect to conduct
which conforms to an advisory opinion of the board, and none of the sanctions of this section may be
applied to such conduct.
(1984,Ord.No.84-55,sec. l;Am. 1996,Ord.No.96-69,sec. 1.)
Section 2-91.3. Lobbyist registration.
(a) Definitions. When used in this section:
(1) "Administrative action" means the proposal, drafting, consideration, amendment, enactment, or
defeat by any administrative agency of any matter pending or proposed before the administrative
agency,except ministerial matters.
(2) "Administrative agency" means a commission, board, agency, or other body, or official in the
County government that is not a part of the legislative branch.
(3) "Contribution" means a gift, subscription, forgiveness of a loan, advance, or deposit of money. or
anything of value and includes a contract, promise, or agreement, whether or not enforceable, to
make a contribution.
(4) "Expenditure" means a payment, distribution, forgiveness of a loan, advance, deposit, or gift of
money. or anything of value and includes a contract, promise, or agreement, whether or not
enforceable, to make an expenditure. it does not include the expenses of preparing written
testimony and exhibits for a hearing before the council or an administrative agency.
(5) "Legislative action" means the sponsorship, drafting, introduction, consideration, modification,
enactment, or defeat of any bill, resolution, amendment, report, nomination, appointment, or any
other matter pending or proposed in the council.
(6) "Lobbyist"means any individual engaged for pay or other consideration who spends more than five
hours in any month or $275 in any six-month period for the purpose of attempting to influence
legislative or administrative action by communicating or urging others to communicate with public
officials.
(7) "Lobbying" means communicating directly or through an agent, or soliciting others to
communicate,with any official in the legislative or executive branch,for the purpose of influencing
any legislative or administrative action.
(8) 'Person"means a corporation,individual, union,association,firm,sole proprietorship, partnership.
committee, club, or any other organization, or a representative of a group of persons acting in
concert.
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•ADMINISTRATION §2-9l•$
(b) Registration of Lobbyists.Requirements.
(I) Every lobbyist shall file a registration form with the County clerk within five days of becomimz a
lobbyist.
(2) Each lobbyist shall provide and certify the following information:
(A) The name,mailing address,and business telephone number of the lobbyist.
(B) The name and principal place of business of each person by whom the lobbyist is retained or
employed or on whose behalf the lobbyist appears or works and a written authorization to act
as a lobbyist from each person by whom the lobbyist is employed or with whom the lobbyist
contracts.
(C) The subject areas on which the lobbyist expects to lobby.
(3) A lobbyist shall report any change in any of the information contained in the registration statement
within ten days after the change has occurred.
(4) A lobbyist shall file a notice of termination within ten days after the lobbyist ceases the activity
which required the lobbyist's registration. The lobbyist and the employer of the lobbyist shall
remain subject, however, to the requirements of this article for the period during which the
registration was effective.
(5) This section shall not apply to: •
(A) Any individual who represents him or herself and not any other person before the council or
administrative agency;
tB) Any Federal, State, or County official or employee acting in the official or employee's
official capacity;
(C) Any elected public official acting in the official or employee's official capacity;
(D) Any newspaper or other regularly published periodical or radio or television station
(including any individual who owns. publishes, or is employed by a newspaper or periodical
or radio or television station) while publishing in the regular course of business news items,
editorials, or other comments, or paid advertisements, which directly or indirectly urge the
passage or defeat of legislative or administrative action;and
(E) Any person who possesses special skills and knowledge relevant to certain areas of
legislation, whose skills and knowledge may be helpful to the legislative and. oxecutive •
branches of County government, and who is appearing at the request of the council or an
administrative agency,even though receiving reimbursement for the appearance,
(c) Each lobbyist shall file a statement of expenditures with the County clerk on July 31 and January 31 of
each year.
(d) The July 31 report shall cover the period from January 1 through June 30 of the year of the report;and the
January 31 report shall cover the period from July I through December 31 of the calendar year preceding
the January 31 report.
(1) The statement shall contain the following information:
(A) The name and address of each person with respect to whom ekpenditures for the purpose of
lobbying in the total sum of $25 or more per day were made by the person filing the
statement during the statement period and the amount or value of such expenditure;
(B) The name and address of each person with respect to whom expenditures for the purpose or
lobbying in the aggregate of$150 or more were made by the person filing the statement
during the statement period and the amount or value of such expenditures;
•
2-29 SUPP.2 (7-2006)
8083294786 COUNTY COUNCIL KONA COUNTY COUNCIL KONA 10:02:16 a.m. 10-19-2011 6/6
§ 2-91.3 HAWAII COUNTY CODE
(C) The total sum or value of all expenditures for the purpose of lobbying made by the person
filing the statement during the statement period in excess of $275 during the statement •
period;
(D) The name and address of each person making contributions to the person tiling the statement
for the purpose of lobbying in the total sum of$25 or more during the statement period and
the amount or value of such contributions;and '
(E) The subject area of the legislative and administrative action which was supported or opposed
by the person filing the statement during the statement period.
(2) The receipt or expenditure of any money for the purpose of influencing the election or defeat of any
candidate for an elective office or for the passage or defeat of any proposed measure at any special
or general election is excluded from the reporting requirement'ofthis section.
(e) All statements and forms required by this section to be filed with the County clerk:
(1) Shall be deemed properly filed when delivered or deposited in an established post office within the
prescribed time, duly stamped, registered, or certified, and directed to the County clerk: provided,
however, in the event it is not received, a duplicate of the statement shall be promptly filed upon
notice by the County clerk of its nonreceipt;and
(2) Shall be preserved by the County clerk and shall constitute part of the public records of the County
clerk.and shall be open to public inspection pursuant to section 92-51," Hawaii Revised Statutes.
(f) No lobbyist shall accept or agree to accept compensation in any way contingent on the enactment; defeat,
or outcome of any proposed legislative or administrative action:
(1g) The board of ethics is empowered to render advisory opinions with respect to the application of this
section to any person. No person who conforms their conduct to an advisory opinion of the board
regarding this section shall be subject to the penalties provided herein.
(h) Any person who wilfully fails to file any statement or report required by this section or who wilfully files
a statement or report containing false information or material omission of any fact, who engages in
activities prohibited by this section, or who fails to provide any information required by this section shall
be guilty of a petty misdemeanor,
(1984,Ord.No.84-77,sec. I;Am. 1986,Ord.No.86-44,sec. 1,Am.2006,Ord.No.06-71.sec. I.)
Editor's Note: Sections 92-5u to 92-52,IIawai':Revised Statutes,have been repealed and replaced with chapter 921:.
Section 2-91.4. Gifts.
No officer or employee shall solicit,accept,or receive,directly or indirectly,any gift.whether in the form
of money, service, loan, travel, entertainment, hospitality, thing, or promise or in any other form, under
circumstances in which it can reasonably be inferred that the gift is'intended to influence the officer or
employee in the performance of the officer's or employee's official duties or is intended as a reward for any
official action on the officer's or employee's part.
(1995,Ord.No.95-21,sec. 2;Am.2002,Ord.No.02-109,secs.6 and 7.)
Section 2-91.5. Reporting of gifts.
(a) Every officer and employee shall file a gifts disclosure statement with the County board of ethics on
June 30 of each year if all the following conditions are met:
(1) The officer or'employee, or spouse or dependent child of an officer or employee, received directly
or indirectly from one source any gift or gifts valued singly or in the aggregate in excess of$100,
whether the gift is in the form of money,service,goods,or in any other form:
(2) The source of the gift or gifts have interests that may be affected by official action or lack of action
by the officer or employee;and
SUPP. (7-2006) 2-30