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HomeMy WebLinkAboutCOM 0870.001 2006-2008 Pete Hoffmann ~worp Phone No. Hilo: (808) 961-8027 Council Chair rP:'•'~~'-• Phone No. Waimea: (808) 887-2043 District 9 - North and South Kohala Fax No.: (808) 887-2072 E-Mail: poffmann@co.hawaii.hims •••h0i''N'+ HAWAII COUNTY COUNCIL County of Hawai `i Hawaii County Building Holomua Center 25Aupuni Street 64-1067 Mamalahoa Highway. Suite C-5 Hilo, Hawai'i 96720 Waimea Hawaii 9674 0 0 m i) L or Ct7 Z a- Z tV r January 28, 2008 CO MEMORANDUM TO: Council Members r. Hawaii County Council __3 FROM: Pete Hoffmann, Council Chair and Council Member, District 9 SUBJECT: Proposed Amendments to Bill 209, Relating to Administrative Fines for Violations of the County Code of Ethics Submitted for your consideration are two proposed amendments to Bill 209, relating to administrative fines for violations of the County Code of Ethics. These amendments were discussed during the January 24, 2008 meeting of the Council. The amendments propose the following: (1) raising the maximum fine that can be imposed by the board of ethics for violations of the County Code of Ethics from $500 to $1,000; and (2) incorporating the appropriate citation to the Hawaii Revised Statutes found in paragraph (b)(1). The proposed amendments, appearing in Ramseyer format as applied to Bill 209, read as follows: "Section 2- . Administrative fines. (a) Where an administrative fine has not been established for a violation of a provision of this article, any person, including a legislator or employee, who violates a provision of this article shall be subject to an administrative fine imposed by the board of ethics that shall not exceed [&.500] $1,000 for each violation. All fines collected under this section shall be deposited in the County's general fund. p (b) No fine shall be assessed pursuant to this section unless: Com Ref. Tg C sTU. Ref. Dare JAN 2 4 2np$ Serving the Interests of the People of Our Island Hawaii County Is An Equal Opportunity Provider And Employer January 28, 2008 Page 2 u,.wai': Revised St..tates and ehapt°' 91e 14aw i'i Devised Statutes] The requirements of Chapter 91 and Section 46-1.5(24), of the Hawaii Revised Statutes, as amended, have been met; and (2) A decision has been rendered by the board." These proposed amendments are incorporated into a draft bill attached to this communication. The draft bill appears in Ramseyer format with respect to the existing language of the Hawaii County Code 1983 (2005 Edition, as amended). PH:lys Attachment AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 15, OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE IMPOSITION OF ADMINISTRATIVE FINES FOR VIOLATIONS OF THE COUNTY CODE OF ETHICS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2, article 15 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by adding a new section to be appropriately designated and to read as follows: "Section 2- . Administrative fines. (a) Where an administrative fine has not been established for a violation of a provision of this article, any person, including a legislator or employee, who violates a provision of this article shall be subject to an administrative fine imposed by the board of ethics that shall not exceed $1,000 for each violation. All fines collected under this section shall be deposited in the County's general fund. (b) No fine shall be assessed pursuant to this section unless: (1) The requirements of Chapter 91 and Section 46-1.5(24), of the Hawaii Revised Statutes, as amended, have been met; and (2) A decision has been rendered by the board." SECTION 2. This provision does not affect rights and duties that matured, penalties that were incurred, and proceedings that were initiated prior to the effective date of this ordinance. SECTION 3. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 4. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which ca be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 5: This ordinance shall take effect upon its approval.