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HomeMy WebLinkAboutORD 1967-068BILL N0. 440 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE Np, _~~ AN ORDINANCE ESTABLISHING A CDDE OF ETHICS FOR PUBLIC SERVANTS AND PROVIDING FOR ITS ADMINISTRATION. BE IT ORDAINED BY THE BOARD OF SUPERVISORS IN AND FOR-THE COUNTY OF HAWAII: SECTION I. DECLARATION OF POLICY. a. Officers and employees shall demonstrate by their example the highest standards of ethical conduct, to the end that the public may justifiably have trust and confidence in the integrity of Government. b. Officers and employees are agents of public purpose and shall hold office for the benefit of the public. c. Officers and employees shall recognize that the public interest is their primary concern and shall faithfully discharge the duties of their office regardless of personal considerations. SECTION 2. APPLICABILITY. The Code of Ethics shall apply to all public servants of the County of Hawaii, including all County employees, appointed personnel, elected officials, all members of commissions, committees and boards, and all persons under contract to the County. Hereafter, whenever the word "officer" is used, it shall include elected and appointed officials. SECTION 3. CONFLICTS OF INTEREST. No employee or officer of the County shall: a. Solicit or accept any gift, loan, gratuity, favor, promise, service or political contributions with the understanding that the same may influence him in the proper discharge of his official duties. b. Disclose confidential information gained by reason of his official position or use such information for the personal gain or benefit of anyone. ti..rd. No. -- ~ ~ File No..._..._.__ M. B. Ho. %' ~ b~,e;._i1Nrt 15 ~us~ MR 51917 c. Engage in any business, transaction or activity or have a financial or other interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which may tend to impair his independence of judgment in the performance of his official duties. d. Receive any compensation for his services as an officer or employee of the County from any other source other than the County, except as otherwise provided by law. e. Appear in behalf of private interests for compensation before any agency of the County other than a court of law, nor shall he represent private interests in any action or proceeding against the interest of the County in any litigation to which the County is a party. An officer serving the County without compensation, however, may appear for compensation in behalf of private interests before County agencies other than the one on which he serves and other than those agencies that have the power to review the actions of the agency on which he serves, or to act on the same subject matter as the agency on which he serves. f. Accept a retainer, compensation or election campaign contribution that is contingent upon action by a County agency. SECTION 4. DI5CIASURE OF INTEREST. a. Any officer or employee who possesses or acquires such interests as might reasonably tend to create a conflict with the public interest shall make a full disclosure in writing to his appointing authority, or to the Board of Supervisors in the case of an elective officer. Such disclosure shall be made promptly at any time that the possibility of such conflict is known to the officer or employee. b. Any member of the Board of Supervisors who has a personal or private interest, direct or indirect, in any action proposed or pending before the Board shall disclose such interest prior to the taking of any vote thereon. c. The chairman and executive officer shall make a full disclosure of all the interests he possesses or acquires, including a listing of all business or commercial positions that he holds. the disclosure need not include the quantity of the interest. d. The chairman and executive officer shall not possessor acquire any interests or positions which might reasonably tend to create a conflict, directly or indirectly, with the proper discharge of his official duties. e. All disclosures shall be a matter of public record. SECTION 5. FAIR AND EQUAL TREATMENT. a. No officer or employee shall use his official position to secure or grant special consideration, treatment, advantage, privilege or exemption to himself or any person beyond that which is available to every other person. b. All relationships between public servants in their official duties with the public are to be exercised in a courteous, fair and impartial manner. SECTION 6. FUTURE EMPLOYMENT. No person who has served as an officer or employee of the County shall, within a period of two years after termination of such service or employment, appear for compensation before any agency of the County or otherwise receive compensation for any services rendered in behalf of any private interests in relation to any case, proceeding or application with respect to which such person was directly concerned, or which was under his active consideration or with respect to which knowledge or information was made available to him during the period of said service or employment. The provisions of this section shall constitute a condition of service for or employment by or the continuance of service for or employment by the County for officers or employees. SECTION 7. USE OF PUBLIC PROPERTY. All public equipment and property are to be treated as a public trust and are not to be used for personal purposes without proper consent. SECTION 8. RELATIONSHIP WITH SUBORDINATE PERSONNEL. No person in a supervisory capacity shall engage in personal or business relation- ships with his subordinates which might intimidate said subordinates in the discharge of their official duties. SECTION 9. PENALTIES FOR NON-COMPLIANCE. a. The failure to comply with or any violations of one or more of the foregoing standards of conduct shall constitute a cause for suspension, removal from office or employment, or other disciplinary action. b. In the case of former employees or officers viol atiny the above provisions, it shall be grounds for disqualification and denial, temporarily or permanently, of the privilege of appearing before any board, commission or agency of the County of Hawaii. c. Nothing contained herein shall preclude any other remedy available against such officer or employee or former officer or employee. SECTION 10. BOARD OF ETHICS. a. There is hereby created and established a board of ethics to consist of five members to be appointed by the Chairman and Executive Officer with the approval of the Board of Supervisors. The members shall be residents of the County and shall serve without: compensation for a term of three years, with initial terms of three, three, two, two and one years, respectively. Not more than three of the members shall belong to the same political party. The members shall annually elect a chairman. b. The board of ethics may on its own initiative render opinions with respect to the code of ethics. Advisory opinions shall be rendered pursuant to written request of any officer or employee concerned and may be rendered pursuant to written request of any person. The board shall publish its advisory opinions with such deletions as may be necessary to prevent disclosure of the identity of the persons involved. c. The board of ethics may also render opinions in circumstances where there is alleged to be a conflict of interest or unethical conduct on the part of any public servant of the County within the scope of the Code of Ethics as set forth in this ordinance. d. The board is authorized to hold hearings or to conduct investigations concerning the application of the Code of Ethics and its violation by officers and employees and shall have the powers to promulgate rules and regulations which are necessary to implement the Code of Ethics. SECTION 11. REPEAL. Ordinance No. 4 of the Revised Ordinances of the County of Hawaii 1967 is hereby repealed. SECTION 12. EFFECTIVE DATE. This Ordinance shall take effect upon its approval. INTRODUCED BY: C'=~1C/~ +~~ Supervisor, County of Haw i Hilo, Hawaii Date of Introduction: March 15, 1967 Date of Adoption: April 5, 1967 ORDINANCE NO. 68 (Bill No. 440 - 1967) AN ORDINANCE ESTABLISHING A CODE OF ETHICS FOR PUBLIC SERVANTS AND PROVIDING FOR ITS ADKINISTRATION. This Bill establishes standards of ~hical conduct for all public servants of the County of Hawaii and provides penalties for non-compliance; creates and establishes a Board of Ethics. Date Introduced: March 15, 1967 - Date Approved: April 5, 1967 - Date Effective: April 5, 1967 Copies of the foregoing Ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. ~_- COUNTY CLERK COUNTY OF HAS+II+.II OPFICS OF TiiE COUfiT4 CLERB DI9TRTEtYfIOH LIST CODE OF ETHICS - ORDINANCE N0. 68 1. Clerk"s Office (3)- 10 copies 11. Planning Commission a, County Clerk and Department b. Doputy Clerk c. Tiaras 12. Committee on Aging - < .' and Contract Employees 2. Board Comoaitteos- 11 copies , Board of Supervisors 13. Parks do Recreation Dep'- ~! r `~""~' 3. Attorney ~ . ,•~„ < ~, C~ 4. Chairman . 5. Economic Development .-. and Commission '~~a.li.! 6. Civil Service Dapt, c~;~ and Commission '• / ~• 7. Auditor - 10 copies e. Poneion Board - 4 copies 2. Troasuiror Motor Vehicle i%.. r. 9. Purchasing Agent 14. Liquor Commission and Department 15. Po13ce Dept. ~ and Commission 16< Civi.1 Defence Agency 17. Faire Department , ~, ~ c(~ k ~r v 1$, Board of Water Supply ~~ /, ~.~ 19. Hawaii Redevelopment Agency ~i /~~~,~ • //// lO. Public Wack9 Dept. - 300 copies ~, Honokaa Hospital - mailed 50 copies Traffic Comm. Kona Hospital - mailed 55 copies Bd of Appeals Kohala Hospital -mailed 45 copies Bd of Electrical Examiners Bd of Plumbing Examiners