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HomeMy WebLinkAboutBIL 030 Draft 01 1996-1998 eK 'r COUNTY OF HAWAII STATE OF HAWAII BILL NO. 30 ORDINANCE NO. 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. (2) 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. (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 alleged 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 sign the petition Nothing herein shall bar proceedings against a person who by fraud or other device prevents the discoverv 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 affecting the privacy of the County officer or employee are to be considered. Upon receipt of the petition, the board: (1) Through its chairman, shall notify the County officer or employee involved and shall request -2- [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 emplovee 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. ~ A person who files a frivolous petition with the board against any person covered by this section shall be civilly liable to the person charged for all costs incurred in defending against the petition including but not limited to costs and attornev's fees In any case where the board reiects any petition, the person charged may ask the board to make a finding as to whether or not the petition was frivolous The board shall find -3- a petition to be frivolous if the petition is man;faarly and palpably without merit so as to indicate bad faith on the petitioner's part Within one year after the board renders its decision the person charged may initiate an action in the circuit court for the recovery of fees and costs incurred in board proceedings and any fees and costs incurred in the recovery of such fees and costs. (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; (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. -4- 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: Council Member, County of Hawaii Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: GS/2040J/1589L iiCfERE1JC6 Comm. 85 -5-