HomeMy WebLinkAboutCOM 0052.000 2006-2008 BOARD OF ETHICS ~r~ DEC 28 ~j~ i 9 ~2
101 Aupuni Street, Suite 325, Hilo, Hawaii 96720
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December 27, 2006
Honorable Pete Hoffrnann
Chair, Hawaii County Council
Members of the Hawaii County Council
Ben Franklin Building
333 Kilauea Avenue - 2"d Floor
Hilo, HI 96720
RE: Amendments to the County Code Financial Disclosure Requirements
Dear Chair Hoffmann:
At the November 8, 2006 meeting of the Hawaii County Board of Ethics, the Board reviewed
the financial disclosure forms of the county and state as well as the relevant portions of the Hawaii
Revised Statutes and County Code. The Board felt that changes should be made to the code in order
to increase the amount of information provided and reflect current salaries and market values of
assets. The Board recommends that Hawaii County Code Section 2-91.1(c) be amended to read as
follows:
(c) The disclosure of financial interests shall state the financial interests of the person
disclosing, whether held in the person's name or by any other person for the person
disclosing's use and benefit, and shall include:
(1) The source, nature and amount of all income of $1,000 or more received during
the preceding calendar year; provided that information that maybe privileged
by law need not be disclosed.
(2) The name of each creditor to whom the value of $3,000 or more was owed
during the preceding calendar year and the original amount and amount
outstanding; provided that debts arising out of retail installment transactions
for the purchase of consumer goods need not be disclosed.
(3) The amount and identity of every ownership or beneficial interest held during
the disclosure period in any business having a value of $5,000 or more, or
interest equal to ten percent or more of the ownership of the business and, if
the interest was transferred during the preceding calendar year, the date of the
transfer; provided that an interest in the form of an account in a Federal or
State regulated financial institution, an interest in the form of a policy in a
mutual insurance company, or individual items in a mutual fund or a blind
trust, if the mutual firnd or blind trust has been disclosed pursuant to this
paragraph, need not be disclosed.
Comm. No. Z
Ref. To:
Ref. Date DEC 2 $_20~L-
December 27, 2006
Page 2
(4) Every officership, directorship, trusteeship, or other fiduciary relationship held
in a business during the preceding calendar year, the term of the office and the
annual compensation.
(5) A description of all real property ['°°°'°a `w° in which
the person now holds, or held during the preceding calendar year, an interest
valued at $5,000 or more, its tax map key, street address, and fair market value,
and, if the interest was acquired or transferred during the preceding calendaz
year, the consideration paid or received for the interest and the name of the
person or entity paying or receiving the consideration.
(6) The amount and identity of all creditor interests in an insolvent business held
during the preceding calendaz year having a value of $5,000 or more.
(7) The names of clients personally represented before County agencies, except in
ministerial matters, for a fee or compensation during the preceding calendar
year and the names of the County agencies involved.
(8) On any item which calls for the stating of a dollaz amount, this value maybe
reported by using an appropriate letter code as follows:
(A) Less than $1,000;
(B) At least $1,000 but less than $10,000;
(C) At least $10,000 but less than [$23;A00] 50 000;
(D) At least [~-5;000] 50 000 but less than [$3A;A00] 100 000;
(E) At least [59,999] $100 000 but less than [$1-08000] 30$ 0,000;
(F) At least [~1-99;909] 300 000 but less than [~-1-3890] 700 000;
(G) [>\R°r° a,°~ e t cn nnn] At least $700,000 but less than $1,000,000;
(H) More than $1,000,000.
The deletion of the reference to property held within the County of Hawaii in
Section 2-91.1(c)(5) is intended to elicit information about property held outside of the county, state
or country. This infonnation maybe relevant not only for financial but for residency and real
property tax issues. The changes in the subsection (8) regazding dollar amounts is intended to reflect
the increases in salaries and property values that have occurred over the past few years.
The Boazd of Ethics would appreciate the Council's consideration of these proposed
amendments and if acceptable, encourages the Council to draft the appropriate bill for adoption.
Sincerely,
.Gr.~~ `QC~l~/
Bobby Jean Leithead-Todd
Deputy Corporation Counse] for
Bob Williams
Chair, Board of Ethics
BLT:kd
S://b&cBOE/Cort 2006/ Letter to Council re financial disclosure forms BLTkd