HomeMy WebLinkAboutCOM 0870.009 2006-2008
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Phone: (808)326-5421
BRENDA J FORD Fax: (808)329-4786
Council Member E-Mail: bford@co.hawaii.hi.us
District 7 -Central Kona
HAWAII COUNTY COUNCIL
County of Hawaii g
Kailua Trade Center
75-5706 Hanama Place, Suite 109
Kailua-Kona, Hawaii 96740 - :
DATE: March 27, 2008 v
TO: Pete Hoffmann, Chairperson, s
and Members of the Hawaii County Council s
1
FROM: Brenda J. Ford, Council Member
SUBJECT: Proposed Amendment to Bill 209, Draft 3 (An Ordinance for the Imposition of
Administrative Fines for Violations of the County Code of Ethics).
Attached please find a proposed amendment to Bill 209, Draft 3, to add a subsection (c) that
would exempt certain public employees from administrative fines imposed by the board of
ethics. The proposed amendment reads as follows:
"(c) This section shall not apply to public employees as defined by Hawaii
Revised Statutes Section 89-2."
Proposed amendments to Draft 3 of Bill 209 are ramseyered and highlighted in bold. This
proposed amendment is incorporated into the attached draft.
Thank you.
BJF
Att.
Comm. No. O •
Ref. To: ('.o
Ref. Dote MAR 2 8 2008
Serving the Interests of the People of Our Island
Hawaii Countv Is An Equal Opportunitv Provider And Emplover
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 HAWAI`L
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 emplovee, 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 eeneral 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.
(c) This section shall not apply to public employees as defined by Hawaii Revised
Statutes Section 89-2."
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 can 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 the date that the board of ethics formally
adopts rules and procedures relating to the imposition of administrative fines, pursuant to Chapter
91, Hawaii Revised Statutes.