HomeMy WebLinkAboutBIL 030 Draft 02 1996-1998
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COUNTY OF HAWAII
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STATE OF HAWAII
BILL NO. 30
(Draft 2)
ORDINANCE NO.
97 29
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 15, SECTION 2-86,
HAWAII COUNTY CODE 1983, RELATING TO INFORMAL ADVISORY OPINIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2, Article 15, Section 2-86, Hawaii
County Code 1983, is amended to read as follows:
(a) Inquirer's Conduct. Any County officer or employee may
petition the board for an informal advisory opinion [on
his] concerning their own conduct by writing to the
board. This opinion shall be informal in nature and
all proceedings involving the investigation and
deliberation of such inquiry shall, upon the request of
the County officer or employee involved, be
confidential[.]. provided. the board determines that
personal matters affecting the privacy of the County
officer or employee are to be considered.
Upon receipt of the petition, the board:
(1) May investigate the matter on a confidential
basis. The officer or employee involved shall
comply with the [confidential] informal advisory
opinion[.] issued by the board.
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(2) Through its chairman, shall notify the County
officer or employee involved and shall request
[of him] a statement indicating whether or not
[~e] the officer or employee wishes a closed
hearing.
(b) Alleged Conduct of Someone Other than Inquirer. Any
[interested] person or the board itself may petition
the board for an informal advisory opinion on an
alleged violation of the Code of Ethics by an officer
or employee. The petition shall be filed within six
years of the alleqed violation. A petition shall be
deemed to have been filed when it is received by the
board or when a maiority of the members to which the
board is entitled siqn the petition. Nothinq herein
shall bar proceedinqs aqainst a person who. by fraud or
other device. prevents the discovery of a violation of
the Code of Ethics. This opinion shall be informal in
nature and all proceedings involving the investigation
and deliberation of such inquiry shall, upon the
request of the County officer or employee involved, be
confidential[.]. provided. the board determines that
personal matters affectinq the privacy of the County
officer or employee are to be considered.
Upon receipt of the petition, the board:
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(1) Through its chairman, shall notify the County
officer or employee involved and shall request
[of him] a statement indicating whether or not
[he] the officer or employee wishes a closed
hearing.
(2) Shall notify the officer or employee against whom
a charge is received and afford [him] the officer
or employee an opportunity to explain the conduct
alleged to be in violation of this article. The
board may investigate, after compliance with this
section, such charges and render [a
confidential,] An informal advisory opinion on
the alleged conduct. [The board shall
investigate all charges on a confidential basis,
having available all the powers herein provided,
and all proceedings at this stage shall be
confidential and shall not be public.] The
officer or employee involved shall comply with
the [confidential] informal advisory opinion[.]
issued by the board.
(c) Any petition filed under this section shall be
submitted in duplicate and shall contain:
(1) The name, address and telephone number of the
petitioner;
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(2) A statement of the nature of petitioner's
interest including reasons for the submission of
the petition;
(3) The specific provision of the Code of Ethics in
question;
(4) A complete statement of facts;
(5) A statement of the position or contention of the
petitioner; and
(6) A memorandum of authorities, containing a full
discussion of the reasons in support of such
position or contention.
Any petition which does not substantially comply with
the foregoing requirements may be rejected. In addition,
the board may, for good cause, reject any petition.
SECTION 2. Material to be repealed is bracketed. New
material is underscored. In printing this ordinance, the
brackets, bracketed material and underscoring need not be
included.
SECTION 3. If any provision of this ordinance, or the
application there of to any person or circumstances, 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.
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SECTION 4. This ordinance shall take effect upon its
approval.
INTRODUCED BY:
CA~~ ~
of Hawaii
Council Memoer,
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
February. 7, 1997
February 7, 1997
February 19, 1997
February 27, 1997
GS/2040J/1589L
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