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HomeMy WebLinkAboutORD 2002-109 2000-2002 COUNTY OF I~AWAI`I STATE OF I iAWAI`I BILL NO. 305 Draft ~ ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 15, HAWAII COUNTY CODE, AS AMENDED, RELATING TO THE CODE OF ETHICS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Pumose. The purpose of this section is to amend the County Code of Ethics to follow the language contained in the State Code of Ethics. SECTION 2. Chapter 2, Article I5, Section 2-82 of the Hawaii County Code 1983 (1995 Edition), relating to definitions is amended to read as follows: "Section 2-82. Definitions. (a) As used in this article: (1) "Agency" means any office, department, board, commission, or other governmental unit of the executive or legislative branches of the count, but does not include subdivisions of department; [(1)] "Board" means the board of ethics. (3) "Business" includes a corporation, a partnership, a sole proprietorship, atrust or foundation, or other individual organization carrying on a business, whether or not operated for profit. (4) [(2)] "Compensation" means any money, thing of value, or economic benefit conferred on or received by any person in return for services rendered or to be rendered by [himself) oneself or another. (5) "Controlling interest" means an interest in a business or other undertaking which is sufficient in fact to control whether the interest be greater or less than 50%. (6) [(3)] "Employees" means any person, except an officer, employed by the County or any agency thereof but the term shall not include an independent contractor. "Financial interest" means an interest held by an individual, the individual's spouse, or dependent children which is (A) An ownership interest in a business. (B) A creditor interest in an insolvent business. An employment, or prospective employment for which negotiations have begun. (D) An ownership interest in real or personal property. (E) A loan or other debtor interest. ~F) A directorship or officership in a business. ~[(4)] "Officer" includes the following: (A) The mayor [and]1members of the council[;]. and all other elected officials of the County; (B) [Any person elected or appointed as administrative head of any agency of the County or appointed as a member of any board or commission provided for in the Charter;] Any person appointed as the administrative head of any agency of the County; (C) [Any person appointed by a board or commission as the administrative head of any agency of the County;] The first deputy or first assistant to the administrative head of any agency of the County; (D) [Deputy, assistant or division chief appointed by the administrative head of any agency of the County; or] Any person appointed as a member of a board or commission specifically provided for in the Charter; (E) [Assistant or deputies of the corporation counsel and prosecuting attorney.] Any person appointed as a member of any board or commission not specifically provided for in the Charter, but not including boards and commissions having only advisory powers and functions; (F) The managing director and deputy managing director. (9) "Official act" or "Official action" means a decision recommendation approval, disapproval, or other action including inaction which involves the use of discretionary authority. (10) "Official authority" includes administrative or legislative powers of decision, recommendation approval disapproval or other discretionary action." SECTION 3. Chapter Z, Article 15, Sections 2-83 and 2-85 of the Hawaii County Code 1983 (1995 Edition), relating to standards of conduct and conduct of officers and employees, are repealed as follows: 2 "[Section 2-83. Standards of conduct. (a) No officer or employee shall solicit, accept or receive, directly or indirectly, airy 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 him in the performance of his official duties or is intended as a reward for any official action on his part. (b) No officer or employee shall use or attempt to use his official position to secure or grant unwarranted privileges, exemptions, advantages, contracts or treatment, for himself or others. (c) No officer or employee shall disclose confidential information gained by reason of his official position or use such information for the personal gain or benefit of himself or anyone else. (d) No officer or employee shall engage in any business, transaction or activity or have a financial interest, direct or indirect, which might reasonably tend to be incompatible with the proper discharge of his official duties or to impair his independence of judgement in the performance of his official duties, or use such information for his personal gain or for the benefit of anyone. (e) No officer or employee shall receive any compensation for his services as an officer or employee of the County from any source other than the county, except as otherwise provided by this article. (f) No officer or employee shall appear in behalf of private interests for compensation before any agency of the County other than a court of law, nor represent private interests in any action or proceeding against the interest of the County in any litigation to which the County is a party. An officer serving the County without compensation, however, may appear for compensation in behalf of private interests before County agencies other than the one on which he serves and other than those agencies that have the power to review the actions of the agency on which he serves, or to act on the same subject matter as the agency on which he serves. (g) No officer or employee shall accept a retainer, compensation or election campaign contribution that is contingent upon action by a County agency. Section 2-85. Conduct of officers and employees. (a) Officers and employees of the County, while discharging their duties and dealing with the public, shall adhere to the following precepts: (1) All public property and equipment are to be treated as a public trust and are not to be used in a proprietary manner or for personal purposes without proper consent. (2) No person in a supervisory capacity shall engage in personal or business relationships with 3 subordinates which might intimidate said subordinates in the discharge of their official duties. (3) All persons shall be treated in a courteous, fair and impartial manner.]" SECTION 4. Chapter 2, Article 15 of the Hawaii County Code 1983 (1995 Edition), relating to the code of ethics, is amended by adding new sections as follows: "Section 2-83. Fair treatment. (a) Officers and emeloyees of the County, while discharging their duties and dealing with the public, shall adhere to the following precepts: (1) All public property and equipment are to be treated as a public trust and are not to be used in a proprietary manner or for personal purposes without proper consent. (2) No person in a supervisory capacity shall engage in personal or business relationships with subordinates which might intimidate said subordinates in the discharge of their official duties. (3) All persons shall be treated in a courteous, fair and impartial manner. No officer or employee shall use or attempt to use the officer's or employee's official position to secure nr grant unwarranted privileges exemptions advantages contracts or treatment for oneself or others including but not limited to the following: (1) Seeking other employment or contract for services for oneself by the use or attempted use of the officer's or employee's office or position. (2) Accepting receiving or soliciting compensation or other consideration for the performance of the officer's or employee's official duties or responsibilities except as provided by law. (3) Using county time equipment or other facilities for private business or campaign purposes. (4) Soliciting selling or otherwise engaging in a substantial financial transaction with a subordinate or a person or business whom the officer or employee inspects or supervises in the officer's or emplo~e's official capacity. (5) Using county property or personnel for other than a public activity or purpose. (c) Nothing herein shall be construed to prohibit an officer from introducing bills and resolutions, serving on committees or from making statements or taking action in the exercise of the officer's legislative functions. Every officer shall file a full and com~letepublic disclosure of the nature and extent of the interest or transaction which the officer believes may be affected by legislative action. 4 Section 2-84. Conflicts of interests. (a) No officer or employee shall take any official action directly affecting: (1) A business or other undertaking in which that officer or employee has a substantial financial interest; (2) A private undertaking in which the officer or employee is engaged as legal counsel, advisor, consultant, or representative, or other agency capacity; or (3) A business or undertaking in which the employee knows or has reason to know that a brother, a sister, a parent, an emancipated child, or a household member has a substantial financial interest, provided that the financial interests of these individuals shall not include those of any spouse or child. A department head who is unable to be discfualified on any matter described in items (1), (2) and (3) above will not be in violation of this subsection if the department head has complied with the disclosure requirements of section 2-91.1. A person whose position on a board, commission, or committee is mandated by statute, charter, code or resolution to have particular qualifications shall only beprohibited from taking official action that directly and specifically affects a business or undertaking in which thatperson has a substantial financial interest; provided that the substantial financial interest is related to the member's particular qualifications. (b) No officer or employee shall acquire financial interests in any business or other undertaking which that officer or employee has reason to believe may be directly involved in official action to be taken by the officer or em~loyee. (c) No officer or employee shall assist any person or business or act in a representative capacity before any county agency for a contingent compensation in any transaction involving the County. ~d) No officer or employee shall assist any person or business or act in a representative capacity for a fee or other compensation to secure passage of a bill or to obtain a contract claim or other transaction or proposal in which the officer or employee has participated or will participate as an officer or employee nor shall the officer or employee assist anyperson or business or act in a representative capacity for a fee or other compensation on such bill contract claim or other transaction or proposal before the council or agency of which that person is an employee or officer. (e) No officer or employee shall assist any person or business or act in a representative capacity before a 5 county agency for a fee or other consideration on any bill, contract, claim or other transaction or proposal involving official action by the agency if the officer or employee has official authority over that county agency unless the officer or employee has complied with the disclosure requirements of section 2-91.1. Section 2-85. Contracts. (a) A county agency shall not enter into any contract involving services or property of a value in excess of $10,000.00 to procure or dispose of goods or services, or for construction, with an officer, an employee or a business in which an officer or an employee has a controlling interest unless: (1) The contract is awarded by competitive sealed bidding pursuant to the state public procurement code; (2) The contract is awarded by competitive sealed.proposal pursuant to the state public procurement code; or The a eg ncy posts a notice of its intent to award the contract and files a copy of the notice with the County Board of Ethics at least ten days before the contract is awarded. (b) A county agency shall not enter into a contract with any person or business which represented or assisted personally in the matter by a person who has been an employee of the agency within the preceding two years and who participated while in county office or employment in the matter with which the contract is directly concerned. Section 2-85.1. Contracts voidable. In addition to any other penalty provided by law, any contract entered into bathe County in violation of this article is voidable on behalf of the Countytprovided that in any action to avoid a contract pursuant to this section the interests of thirdparties who may be damaged thereby shall be taken into account, and the action to void the transaction is initiated within sixty days after the determination of a violation under this article. The corporation counsel shall have the authority to enforce this provision." SECTION S. Chapter 2, Article 1S, Section 2-91.1 (a), (definitions), of the Hawaii County Code 1983 (1985 Edition), relating to financial disclosures and disclosures of interest is amended to read as follows: "Section 2-91.1. Financial disclosures and disclosures of interest. (a) Definitions. The following words used in this section shall have the respective meanings in this section: 6 [(1) "Agency" means any office, department, board, commission, or other governmental unit of the executive or legislative branches of the County, buy does not include subdivisions of departments: (2) "Business" includes a corporation, a partnership, a sole proprietorship, atrust or foundation, or other individual organization carrying on a business, whether or not operated for profit; (3)] ~ "Candidate" has the meaning given it by section 11-191(3) of the Hawaii Revised Statutes; [(4)] ~ "Elective" means all elective offices of the County of Hawaii; [(5)] ~ "Income" means gross income defined by section 61 of the Internal Revenue Code of 1954; [(6) "Officer" means: (A) The mayor, members of the council, and all other elected officials of the County; (B) Any person appointed as the administrative head of any agency of the County; (C) The first deputy or first assistant to the administrative head of any agency of the County; (D) Any person appointed as a member of a board or commission specifically provided for in the Charter; (E) Any person appointed as a member of any board or commission not specifically provided for in the Charter, but not including boards and commissions having only advisory powers and functions; (F) The managing director and deputy managing director. (7)] ~ "Regulatory employee" means: (A) Supervisors of inspectors employed by the department of public works; (B) Inspectors employed by the department of public works; (C) Supervisors of liquor control investigators; (D) Liquor control investigators; (E) Buyers and purchasing agents; (F) Supervisors of real property tax appraisers; (G) Real property tax appraisers; (H) Planners employed by the planning department; (I) Supervisors of inspectors employed by the department of water supply; 7 (J) Inspectors employed by the department of water supply; (K) The legislative auditor." SECTION 6. Chapter 2, Article 15, Sections 2-91.4, 2-91.5 and 2-91.6 of the Hawaii County Code 1983 (1995 Edition), relating to the reporting of gifts by council members, gift disclosure statement and gifts excluded from reporting requirements, are repealed as follows: "[Section 2-91.4. Reporting of gifts by council members. Every council member shall file a gifts disclosure statement with the County clerk on June 30 of each year if all the following conditions are met: (a) The council member received directly or indirectly from one source any gift or gifts whether the gift is in the form of money, services, goods or any other form. (b) The source of the gift or gifts has interests that may be affected by official action or lack of action by the council member. (c) The gift is not exempted by section 2-91.6 from reporting requirements under this article. Section 2-91.5. Gifts disclosure statement. The gifts disclosure statement shall contain the following information: (a) A description of the gift. (b) The date the gift was received. (c) The name of the person, business entity or organization from whom or on behalf of whom the gift was received. Section 2-91.6. Gifts excluded from reporting requirements. Excluded from the reporting requirements of this section are the following: (a) Gift received by will or intestate succession. (b) Gifts received by way of distribution of any inter vivos or testamentary trust established by a spouse or ancestor. (c) Gifts from a spouse, fiance, fiancee, any relative within four degrees (4°) of consanguinity or the spouse, fiance or fiancee of such relative. A gift from any such person is a reportable gift if the person is acting as an agent or intermediary for any person not covered by this paragraph. (d) Political campaign contributions that comply with state law. 8 (e) Anything available to or distributed to the public generally without regard to the official status of the recipient. (f) Gifts that, within thirty (30) days after receipt, are returned to the giver or delivered to a public body or to a bona fide educational or charitable organization without the donation being claimed as a charitable contribution for tax purposes. (g) Exchanges of approximately equal value on holidays, birthdays or special occasions.]" SECTION 7. Chapter 2, Article 15 of the Hawaii County Code 1983 (1995 Edition), relating to code of ethics, is amended by adding new sections as follows: "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. 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 an~g_ift or gifts valued singly or in the aggregate in excess of $100.00, 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 (2) The gift is not exempted by subsection (d) from reporting requirements under this subsection. fib) The report shall cover the period from June 1 of the preceding calendar year through May 31 of the year of the report. (c) The gifts disclosure statement shall contain the following information: (1) A description of the gift; (2) A good faith estimate of the value of the gift; 9 (3) The date the gift was received; and (4) The name of the person, business entity, or organization from whom, or on behalf of whom, the gift was received. (d) Excluded from the reporting requirements of this section are the following; (1) Gifts received by will or intestate succession; (2) Gifts received by way of distribution of any inter vivos or testamentary trust established by a spouse or ancestor; (3) Gifts from a spouse, fiance, fiancee, any relative within four degrees of consanguinity or the spouse, fiance, or fiancee of such a relative. A gift from any such person is a reportable gift if the person is acting as an agent or intermediary for any person not covered by this paragraph; (4) Political campaign contributions that comply with state law; (5) Anything available to or distributed to the public generally without regard to the official status of the recipient; (6) Gifts that, within thirty days after receipt, are returned to the giver or delivered to a public body or to a bona fide educational or charitable organization without the donation being claimed as a charitable contribution for tax purposes; and (7) Exchanges of approximately equal value on holidays, birthday, or special occasions. fie) Failure of an officer or employee to file a gifts disclosure statement as required by this section shall be a violation of this article." SECTION 8. Chapter 2, Article 15 of the Hawaii County Code 1983 (1995 Edition), relating to code of ethics, is amended by adding a new section as follows: "Section 2-91.6. Confidential information. No officer or employee shall disclose information which by law or practice is not available to the public and which the officer or employe acquires in the course of the officer's or employee's official duties, or use the information for the officer's or employee's personal gain or for the benefit of anyone." 10 SECTION 9. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordnance are severable. SECTION 10. Material to be repealed is bracketed. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not by included. SECTION 11. This ordinance shall take effect upon its approval. INTRODUCED BY: / % ~ s~ CO ~ IL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: September 7, 2 0 0 2 Date of 1 S` Reading: August 14 , 2 0 0 2 Date oft"d Reading: August 28, 2002 Effective Date: September 12, 2002 11 OFFICE OF THE COUNTY CLERK County of Hawaii xilo ,Hawaii (DRAFT 4 ) ROLL CALL VOTE Introduced By: Bobby Jean Leithead-Todd AYES NOES ABS EX Date Introduced: September 7, 2 0 0 0 Arakaki X First Reading: August 14 , 2 0 0 2 Chung X Published: At~~u~t 2.5, 2007 Elarionoff X Jacobson X REMARKS. ` Deferred : 0 9~ 0 7/ 0 0 Leithead-Todd X Pisicchio X Safarik X Tyler X Yagong X 8 0 1 0 Second Reading: August 28, 2002 ROLL CALL VOTE To Mayor: September 4 , 2 0 0 2 AYES NOES ABS EX Returned: September 12, 2002 Arakaki X Effective: September 12, 2002 Chung X Published: September 26, 2002 Elarionoff X Jacobson X REMARKS: Leithead-Todd X Pisicchio X Safarik X Tyler X Yagong X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: - UNCIL CHAIRMAN DEPUTY CORPORATION COUNSEL " COUNTY OF HAWAII ~ ~4^ 9 _ ~ f , O~ COUNTY CLERK Date 305 (Draft 4) Bill No.: ~ C-686.4/FC-326 Approve isapproved this 12. dam, Reference: ~j ~c~vwUiw 20 °,Y Ord No.: 0 d~--- YOR, CO UNTY OF HAWAII