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HomeMy WebLinkAboutCOM 0675.002 2006-2008 tY oI N Brenda J. Ford w . Phone No.: (808) 326-5684 Council Member Fax No.: (808) 329-4786 District 7-Central Kona E-Mail: bt'ord@co.hawaii.hi.us •••h~OF M'+ HAWAII COUNTY COUNCIL County of Hawai S Kailua Trade Center 75-5706 Hanama Place, Suite l09 _ Kailua-Kona, Hawaii 96740 DATE: October 30, 2007 - TO: Pete Hoffmann, Chair - and Members of the Hawaii County Council FROM: ~ ~ renda 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 of Resolution No. 339-07) Attached for your consideration is an amendment to Resolution No. 339-07 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 November 6, 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: Comm. No. Ref. Toe ~resee/er 1 Ref. Date MOV 6 2007 Serving the /nterests ojtbe People of Our Island Hawaii County /s An Equal Opportunity Provider And Employer October 30, 2007 Page 2 "RULE NO. 12 DISCLOSURE OF INTEREST 1. Any member who has a substantial financial 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 shall-retrain sbnN] may be excused from voting on the matter thereon. (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 [~vkiek] 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 (7) a campaign contribution, for the Council Member's present or anv future office, as required to be disclosed to the State of Hawaii Campaign Spending Commission ("commission") in its Disclosure Report (Schedule A -Contributions). 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 County Charter. Such written disclosure shall be applicable to all subsequent actions relating to the same subject matter. 2 October 30, 2007 Page 3 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. ~ [-r~.,. ~ o..........,.ti a...,....r.[ 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 Memberprior to each Council and Committee meeting sequence. [Said-lisps#aN[ The County Clerk shall provide to each CounciUCommittee Member a binder containing: I I a separate section for each Council Member [inelude] all previous campaign Disclosure Reports provided by each Council Member in the format required by the commission startin fg rom [they each Council Member's [ertginnl[ 2006 campaign for Council office [teJ beginning on February 1, 2006 through inauguration in December 2006, and through the most current Disclosure Report from the commission; [en] an interim report provided by the Council Member. [iueludeJ including 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 meeting 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. For the purpose of the interim report, the Council Member shall report each contribution of $100.00 or more; 3 October 30, 2007 Page 4 ]he-pr-evicted-as] a "Read Only" copy to be shared at each Council or Committee sequence bv: the news media (one copy), and the public (one copyl. (b) To initiate this rule, Council Members shall deliver to the County Clerk by January 31, 2008: (1) a copy of their historic campaign Disclosure Reports beginning from the date of February 1, 2006, and (2) an interim report of campaign contributions since the last state filing deadline for campaign contributions. (c) For Council Members taking office after November 1, 2008, a completed copy of their campaign Disclosure Reports and interim reports for the election year immediately concluded, shall be delivered to the County Clerk within 30 days of their inauguration. Thereafter, Council Members shall follow Rule 12, sections 5. (a) (1) through (4), 5. (d), (e), and (fl in disclosing campaign contributions. [(bj](d)Each Council Member shall verbally provide to the Council or Committee the amount of ]a] any contribution of X100.00 or more received during the six-day public notification period preceding a Council or Committee meeting that is received from a contributor who is impacted by an agendized item and/or a decision of the Council or a Committee. [(t~](e) Prior to discussion of an agendized item where a campaign contribution was received from any contributor[w-here] that ]eentrihuter] may be impacted by a decision of the Council or a Committee, the affected Council Member shall verbally disclose to the Council or Committee the cumulative total of [a+~~ multiple campaign ] r,.....,,:~ contributions where each individual contribution is $100.00 or more when contributions are received from: a business where multiple employees, officers, and/or directors of the same business or their family members (as defined in section 4 October 30, 2007 Page 5 21. b) above) of those employees, officers, or directors contribute to a Council Member's campaien; apolitical action committee; political committee as defined in HRS §11-191; a noncandidate committee as defined in HRS § 11-191; or a desienated central committee (as defined in "Campaign Spending Law", State of Hawaii, Campaign Spendin¢ Commission, Januazy 2006, 511-197). (t1 The County Clerk shall maintain these campaien Disclosure Reports in the binders for as long as the Council Member serves on the County Council. Thereafter, the County Clerk shall archive the information in case any Council Member returns to the Council and serves additional terms, when at that time, the archived campaien Disclosure Reports shall be replaced in the binders for that Council Member." BJF Encl. 5 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, Draft 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.