REP GOEAC 034 2025-04-01 2024-2026

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REPORT OF THE COMMITTEE ON GOVERNMENTAL OPERATIONS AND EXTERNAL AFFAIRS DATE: April 1, 2025 PLACE: Council Chambers Hilo, Hawaii TIME: 9:01 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Re: Comm. No. 91/Bill No. 21 Your Committee on Governmental Operations and External Affairs, to which was referred Bill No. 21, reports as follows: Bill No. 21, introduced by Council Member Heather Kimball via Communication No. 91, dated January 2, 2025, amends Chapter 2, Article 15, of the Hawaii County Code 1983 (2016 Edition, as amended), relating to nepotism. Bill No. 21 adds provisions and definitions consistent with standards set forth in Section 84-13.2 of the Hawaii Revised Statutes, which are intended to provide for fair and impartial hiring, personnel, and contracting practices within the workplace. This bill was previously heard and postponed on January 21 and February 4, 2025. Governmental Operations and External Affairs Meeting of January 21, 2025 Committee Member Heather Kimball began by sharing that the Hawaii Revised Statutes were updated with regards to nepotism, and this bill is bringing our County Code in compliance with that. Director of Human Resources Sommer Tokihiro was present in Hilo Chambers to explain that this bill was drafted based on the recommendation of the County Auditor. The County Auditor approached Human Resources in 2024 due to a whistleblower complaint regarding perceived unfair hiring practices and nepotism. The recommendation to address this was to adopt into County Code similar language that the State passed in 2023 to expand the definition of immediate family members. Member Kimball mentioned that there was one note regarding the language that mentions "third degree of consanguinity," which is one degree beyond what the State law requires and includes second cousins. She also mentioned that if this bill were to pass, this legislation would not be retroactive. Committee Member Ashley Kierkiewicz asked some hypothetical questions to determine clarity on how this code would be implemented going forward. Deputy Director Danny Patel answered that while these code changes will not be retroactive, the changes will be applied going forward. This would prohibit immediate family members from supervising their family members. Member Kierkiewicz wanted to make sure that it was clear to avoid the appearance of selective enforcement. She asked additional questions regarding contracts and nepotism. Deputy GOEAC Report No. 34