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HomeMy WebLinkAboutORD 1970-337BILL N0. 723 _ COUNTY OF HAWAII - STATE OF' U~1S~'AII OhDINANCE N0. ,~~~~ CODE OF ETHICS. BE IT ORDAINED BY THE COUNTY COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purposes. The purposes of this ordinance are (1) to prescribe standards of conduct for the guidance of county officers and employees; (2) to prohibit certain conduct involving county officers and employees; and (3) to set forth the procedure for the interpretation of ethics problems of county officers and employees. SECTION 2. Construction. This ordinance shall be liberally construed to promote high standards of ethical conduct in county government. SECTION 3. Applicability. This ordinance shall apply to every officer or employee of the county. In addition, for purposes of this ordinance, any person nominated for elected office or appointed but not confirmed as administrative head of any agency or as a member of any board or commission shall be considered an officer. SECTION 4. Definitions. As used in this ordinance: A. "Board" means the Board of Ethics. B. "Employee" means any person, except an officer, employed by the county or any agency thereof but the term shall not include an independent contractor. C. "Officer" includes the following: (1) Mayor and members of the council. (2) Any person elected or appointed as administrative head of any agency of the county or appointed as c ./ %~ ~ a member of any board or commission provided for in the charter. (3) Any person appointed by a board or commission as the administrative head of any agency of the county. (4) Deputy, assistant or division chief appointed by the administrative head of any agency of the county. (5) Assistant or deputies of the corporation counsel and prosecuting attorney. D. "Compensation" means any money, thing of value, or economic benefit conferred on or received by any person in return for services rendered or to be rendered by himself or another. SECTION 5. Standards of Conduct. A. No officer or employee shall solicit, accept, or receive, directly or indirectly, any gift, whether in the form of money, service, loan, travel, entertainment, hospitality, thing, or promise, or in any other form, under circumstances in which it can reasonably be inferred that the gift is intended to influence him in the performance of his official duties or is intended as a reward for any official action on his part. B. No officer or employee shall use or attempt to use his official position to secure or grant unwarranted privileges, exemptions, advantages, contracts, or treatment, for himself or others. C. No officer or employee shall disclose confidential information gained by reason of his official position or use such information for the personal gain or benefit of himself or anyone else. D. No officer or employee shall engage in any business, transaction or activity or have a financial interest, direct -2- or indirect, which might reasonably tend to be incompatible with the proper discharge of his official duties or to impair his independence of judgment in the performance of his official duties, or use such information for his personal gain or for the benefit of anyone. E. No officer or employee shall receive any compensation for his services as an officer or employee of the county from any source other than the county, except as otherwise provided by this ordinance. F. No officer or employee shall appear in behalf of private interests for compensation before any agency of the county other than a court of law, nor 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. G. No officer or employee shall accept a retainer, compensation or election campaign contribution that is contingent upon action by a county agency. SECTION 6. Disclosure of Interest. It shall be incumbent within 20 days upon hiring, appointment, or election for all employees or officers of the county to: A. Make full disclosure in writing to his appointing authority or to the council in the case of an elective officer, the possession or acquisition of any interests, financial or otherwise as might reasonably tend to create a conflict with the -3- public interest. Any member of the council who knows that he has a personal interest, direct or indirect, in any action proposed or pending before the council shall immediately disclose such interest. B. File a copy of such disclosure with the county clerk which shall become a matter of public record. SECTION 7. Conduct of Officers and Employees. Officers and employees of the county while discharging their duties and dealing with the public shall adhere to the following precepts: A. All public property and equipment are to be treated as a public trust and are not to be used in a proprietary manner or for personal purposes without proper consent. B. No person in a supervisory capacity shall engage in personal or business relationships with subordinates which might intimidate said subordinates in the discharge of their official duties. C. A11 persons shall be treated in a courteous, fair and impartial manner. SECTION 8. Rules of Procedure. A. Opinions. (1) Informal Advisory Opinion on Inquirer's Conduct. Any county officer or employee may petition the Board for an informal advisory opinion on his 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 2/3 vote of the Roard or upon the request of the county officer or employee involved, be confi- dential. The petition shall be submitted in duplicate and shall contain: -4- a. The name, address and telephone number of the petitioner. b. A statement of the nature of petitioner's interest including reasons for the submission of the petition. c. The specific provision of the Code of Ethics in question. d. A complete statement of facts. e. A statement of the position or contention of the petitioner. f. 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. Upon receipt of the petition, the Board may investigate the matter on a confidential basis. The officer or employee involved shall comply with the confidential informal advisory opinion. (2) Informal Advisory Opinion on Alleged Conduct of Someone other than Inquirer. Any interested person or the Board itself may petition the Board for an advisory opinion on an alleged violation of the Code of Ethics by an officer or employee. This opinion shall be informal in nature and all proceedings involving the investigation and deliberation of such inquiry shall, upon 2/3 vote of the Board or upon the request of the county officer or employee involved, be confidential. The petition shall be submitted in duplicate and shall contain: -5- a. The name, address and telephone number of the petitioner. b. A statement of the nature of petitioner's interest including reasons for the submission of the petition. c. The specific provision of the Code of Ethics in question. d. A complete statement of facts. e, A statement of the position or contention of the petitioner. f. 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 he rejected. In addition, the Board may, for good cause, reject any petition. Upon receipt of the petition, the Board shall notify the officer or employee against whom a charge is received and afford him an opportunity to explain the conduct alleged to be in violation of this ordinance. The Board may investigate, after compliance with this section, such charges and render a confidential, 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. C3) Formal Opinion on Alleged Conduct of Someone Other than Inquirer. If the officer or employee fails to comply with the informal advisory opinion mentioned in subsection C2) -6- above, the Board may, in its discretion, institute proceedings for a formal opinion. It may institute such proceedings by serving a copy of the charge and a further statement of the alleged violation by certified mail upon the alleged violator. He shall have twenty days after service thereof to respond in writing to the charge and statement. The Board shall set a time and place for a hearing, giving notice to the complainant and the alleged violator. All parties shall have an opportunity (a) to be heard, (b) to subpoena witnesses and require the production of any books or papers relative to the proceedings, (c) to be represented by counsel, and (d) to have the right of cross-examination. All witnesses shall testify under oath and the hearings shall be closed to the public upon 2/3 vote of the Board, or upon the request of the county officer or employee involved, for closed hearing. The Board shall not be bound by the strict rules of evidence but the Board's findings must be based upon competent and substantial evidence. All testimony and other evidence taken at the hearing shall be recorded. Copies of transcripts of such record shall be available only to the complainant and the alleged violator at their own expense, and the fees therefor shall be deposited in the county's general fund. After the hearing the Board shall issue a Formal Opinion on the alleged conduct which shall be given to the alleged violator. A decision of the Board pertaining to the conduct of any officer or employee shall be in writing and signed by three or more of the members of the Board. B. Disposition After Issuance of Formal Opinion. (1) With respect to officers removable only by impeachment: If there is no compliance of a Formal Opinion issued against an officer removable only by impeachment, the Board -7- shall issue a complaint and refer the matter to the council. The complaint must contain a statement of the facts alleged to constitute the violation. If within thirty days after the referral the council has neither formally declared that the charges contained in the complaint are not substantial nor instituted hearings on the complaint, the Board shall make public the nature of the charges but it shall make clear that the merits of the charges have never been formally determined. C2) With respect to employees and officers other than officers removable only by impeachment: If there is no compliance of a Formal Opinion against an employee and officer other than an officer removable only by impeachment, the Board shall issue a complaint and refer the matter to the appointing authority having the power to discipline the employee. The complaint must contain a statement of the facts alleged to constitute the violation. Hearings shall be in accordance with Chapter 91, Hawaii Kevised Statutes, except that every hearing shall be private, and no record of the proceedings shall be released to the public prior to its conclusion. Judicial review of decisions, orders, and rulings adverse to the employee shall be in accordance with Chapter 91, Hawaii Revised Statutes. If it is found that no violation has occurred, the appointing authority shall not make the record of the proceedings public. If it is found that a violation has occurred, the appointing authority may make its findings and the record of the proceedings public, taking into account the seriousness of the violation. C. Penalties. In addition to any other powers the appointing authority may have to discipline employees, the appointing authority may reprimand, put onlrobation, demote, suspend, or discharge an employee found to have violated the standards of this ordinance. -S- D. Cooperation. The commission may request and shall receive from every department, division, board, bureau, commission or other agency of the county cooperation and assistance in the performance of its duties. In addition, if the Boards decision requires action by any agency, the Board may request that such agency report its action within thirty days from the date of the request for action. SECTION 9. Any Board member including the individual making the charge, who divulges information concerning the charge prior to the issuance of the complaint by the Board mentioned in Sections 8-B(1) and 8-B(2) or if the investigation discloses that the complaint should not be issued by the board, at any time divulges any information concerning the original charge, or divulges the contents or disclosures except as permitted by the Board, shall be guilty of a misdemeanor which shall be punishable by a fine of not more than $500.00. If a Board member is in violation of this section, he may be subject to dismissal from this Board. This prohibition shall not apply to meetings open to the public. SECTION 10. Severability. If any provision of this Ordinance or the application thereof 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 11. Effective Date. This ordinance shall take effect upon its approval. INTRODUCED., B,~~- ~~~~~~ Councilman, County of Hawaii Hilo, Hawaii Date of Introduction: August 12, 1970 Date of Adoption: August 26, 1970 -9- BILL NO. 723 Hilo, Hawaii Date of Introductions August 12, 1970 Date of Adoptions August 26, 1970 First Readin AYES NOES E Car enter X De Luz X Edwards X Greenwell X Mata oshi X Souza X Yadao X Yamada X Chr Hisaoka X 8 0 1 Publication Dates AuAUSt 19, 1970 Second 8 Final Readin AYES NOES E Ca enter De Luz Edwards Greenwell Mata oshi Souza Yadao Yamada Chr Hisaoka 7 ~I Publication Dates September ~, 1970 We do hereby certify that the foregoing BILL was adopted by the County Council and published as indicated above. this ~ day of _, 19~ / ~ / Counci Chairman ~~~ County Clerk mayor, t;ounty or aawaii ~ , ., ,(