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HomeMy WebLinkAboutCOM 0675.001 2006-2008 ATV w y-_ - Brenda J. Ford nor Phone No.: (SOS) 326-5684 Counci/Member Fax No.: (808) 329-4786 District 7-Central Kona E-Mail: bf'ord@co.hawaii.hi.us iy ..+r h o~'Ni HAWAII COUNTY COUNCIL County of Hawai `i Kailua Trade Center 75-5706 Hanama Place, Suite l09 - Kailua-Kona. Hawaii 96740 - DATE: October 11, 2007 TO: Pete Hoffmann, Chair - and Members of the Hawaii County Council FROM: ~ er nda Ford, Council Member RE: Proposed Amendments to the "Rules of Procedure and Organization of the Council of the County of Hawaii", Rule No. 12, Disclosure of Interest (Proposed Draft 2) Attached for your consideration is an amendment to a resolution to amend the "Rules of Procedure and Organization of the Council of the County of Hawaii", specifically Rule No. 12, Disclosure of Interest. The text of the attached resolution has not been altered in any way from the text of the resolution transmitted by Communication No. 675. Any and all proposed changes to Rule No. 12 are contained within this communication and are ramseyered against the Current language of Rule No. 12. The amendments I am currently proposing have been bolded for emphasis to differentiate these proposed changes from the changes originally proposed in Communication No. 675. I request that this matter be placed before the Public Works and Intergovernmental Relations Committee agenda for the October 16, 2007 meeting. The proposed rule amendments herein are outlined in ramseyer format. Material to be replaced is bracketed and stricken. New material is underscored (less the title of the rule, which is underlined to be consistent with the format of the rulebook, not to indicate any proposed change). Therefore, Rule No. 12, Disclosure of Interest, shall be amended to read as follows: "RULE NO. 12 DISCLOSURE OF INTEREST Comm. No. ~ 7 S Ref. To: PreseN~11 W I Serving the /nterests ojthe People of Our /stand Ref. Dote ~~T 1 6 200J Hawaii County /s An Equal Opportunity Provider And Employer October 11, 2007 Page 2 1. Any member who has a substantial Ynancial and/or personal interest, direct or indirect, in any action proposed or pending before the Council or a Committee, shall make full disclosure in writing to the Chairperson of such interest prior to the taking of any vote thereon as provided by Section 14-3(a), Hawai`i County Charter. 2. Any member who has a substantial financial and/or personal interest directly affected in any action proposed or pending before the Council or a Committee L.6.. 11 ..,.C....:.. C....... d.,1:6...... k:.... .:d ....4:.,e .....1 ..6..III maV be excused from voting on the matter thereon by self-recusal or by a recusal vote of the Council or the Committee if the totality of the circumstances is determined to be justification for the recusal. (a) "Substantial" means an interest which is sufficient in magnitude to influence one's official action, and should be determined based on the totality of the circumstances. (b) "Financial interest" means an interest held by a Council Member, his or her spouse, or dependent children [ivl3ish] that is (1) an ownership interest in a business, (2) a creditor interest in an insolvent business, (3) an employment, or prospective employment, for which negotiations have begun, (4) an ownership interest in real or personal property, (5) a loan or other debtor interest, [er] (6) a directorship or officership in a business[.], or a campaign contribution, for the Council Member's present or any future office, as required to be disclosed by the State of Hawaii Campai¢n Spending Commission ("commission"1 in its Disclosure Report (Schedule A - Contributionsl. 3. Such written disclosure of financial or personal interest in any proposal pending before the Council and its Committees, shall be recorded in the minutes of the meetings of the Council and its Committees, and shall be made a matter of public record prior to the taking of any vote on such proposal as provided in Section 14-3(b), Hawai`i 2 October 11, 2007 Page 3 County Charter. Such written disclosure shall be applicable to all subsequent actions relating to the same subject matter. 4. Prior to any vote in the Council or a Committee on a proposal for which the Council Member has made a written disclosure of a financial or personal interest, the Council Member shall also orally disclose the interest to the Council or Committee after each motion and second on the proposal, but before the commencement of debate on the motion or, if there is no debate, before the calling of the question on the motion. 5. Campaign Contributions. ~ ^ ^ Council Members shall provide a list of campaign contributions to the County Clerk as reported to the commission on its Disclosure Report (Schedule A - Contributions) to each Council Member prior to each Council and Committee meeting sequence. Said list shall: have separate sections for each Council Member; include all previous campaign Disclosure Reports in the format required by the commission starting from ~t-he] each Council Member's ~ tt~~ 2006 campaign for ofTice beginning on February 1, 2006 through inauguration in December 2006, and through the most current Disclosure Report from the commission; on an interim report provided by the Council Member, include all contributions received from the date of the most current Disclosure Report to the cut-off date for the public notification for each Council or Committee meetin using the format of a Disclosure Report or a standardized spreadsheet provided by the Legislative Research Branch. Such an interim report shall remain as part of the list until it is replaced by a more current Disclosure Report; be provided as a "Read Only" copy to be shared at each Council anJ Committee sequence 3 October 11, 2007 Page 4 (A) the news media (one copy), and (B) the public (one copes b~2 Each Council Member shall verbally provide to the Council or Committee the amount of a contribution received during the six- dav public notification period preceding a Council or Committee meeting that is received from a contributor who is impacted by an a¢endized item and/or a decision of the Council or a Committee. ~ Prior to discussion of an agendized item where a campaign contribution was received from any contributor that may be impacted by a decision of the Council or a Committee, the affected Council Member shall verbally disclose the cumulative total of any campaign contribution to the Council or Committee when contributions are received from: a business where multiple employees, officers, and/or directors of the same business or their familymembers (as defined in section 2.(b) above) of those employees, officers, or directors contribute to a Council Member's campaign; apolitical action committee; apolitical committee as defined in HRS 511-191; a noncandidate committee as defined in HRS 511-191; or a designated central committee (as defined in "Campaign Spending Law", State of Hawaii, Campaign Spending Commission, January 2006, 511-197)." BJF Encl. 4 A RESOLUTION AMENDING RESOLUTION NO. 102-07, DRAFT 2, ADOPTING RULES OF PROCEDURE AND ORGANIZATION OF THE COUNCIL OF THE COUNTY OF HAWAII. WHEREAS, the Rules of Procedure and Organization of the Council of the County of Hawaii governs the affairs of the council; and WHEREAS, Resolution No. 4-06, as adopted by the council on December 4, 2006, adopted new rules of procedure for the Hawaii County Council, as set forward in the Rules of Procedure and Organization of the Council of the County of Hawaii; and WHEREAS, Resolution No. 4-06 was amended with the adoption of Resolution No. 55- 07 on February 22, 2007, further amending the Rules of Procedure and Organization of the Council of the County of Hawaii; and WHEREAS, on April 18, 2007, the council, via Resolution No. 102-07, Drafr 2, amended Resolution No. 55-07; and WHEREAS, the adoption of Resolution No. 102-07, Draft 2 further amended the Rules of Procedure and Organization of the Council of the County of Hawaii; and WHEREAS, the council wishes to further amend its rules to facilitate effective and efficient procedure and organization of the legislative branch of the County of Hawaii; and WHEREAS, the council considers full disclosure of financial interests to be appropriate to open government and the public good; and WHEREAS, the council wishes to amend its rules by amending Rule No. 12, Disclosure of Interest, by adding a new section 2.(b)(7) to further define "Financial interest" to include campaign contributions and by adding a new item, section 5, to be titled and relating to Campaign Contributions; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that the attached amendments to Rule No. 12 of the Rules of Procedure and Organization of the Council of the County of Hawaii are hereby adopted and incorporated as attached hereto.