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COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. zn9
ORDINANCE NO. (graft 4)
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 County officer who violates a provision of this article shall be subiect to
an administrative fine imposed by the boazd 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.
(c) For pumoses of this section, "County officer" means the followine:
(1) Mayor and members of the council.
(2) Andperson elected or appointed as administrative head of any aeenc}_or
department of the County or appointed as a member of any boazd or
commission provided for in the chazter or code.
(3) Any person appointed by a boazd or commission as the administrative
head of any agency or department of the countX
(4) Executive assistants appointed by the maw
(5) The deputy appointed by the administrative head of any agency or
d~artment of the county.
(6) Assistant or deputies of the corporation counsel and prosecuting attorney."
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.
RODUCED Y:
COUNCIL MEMBER, COUNT OF HAWAII
Hawaii
Date of Introduction:
Date of I S` Reading:
Date of 2"d Reading:
Effective Date:
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