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HomeMy WebLinkAboutORD 1983-007 1980-1984r BILL NO. 952 Draft 4 COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE NO. 83 7 A BILL FOR AN ORDINANCE AD7ENDZNG SECTIONS 2-92 and 2-84, HAWAII COUNTY CODE, RELATING TO FINANCIAL DISCLOSURES AND DISCLOSURES OF INTEREST. BE IT' ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 2-92, Hawaii County Code, is amended to read as follows: "Sec. 2-92. Financial Disclosures[.] and Disclosures of Interest. (a) Definitions. The following words used in this section shall have the respective meanings in this [sub]section: (1) 'Agency' means any office department board commission, or other governmental unit of the executive or legislative branches of the County but does not include subdivisions of departments• [(1)] (2) 'Business' includes a corporation, a partnership, a sole proprietorship, a trust or foundation, or other individual organization carrying on a business, whether oz not operated for profit; [(2)] (3) 'Candidate' has the meaning given it by [Section] section 11-191(3) of the Hawaii Revised Statutes; [(3)] (4) 'Elective' means all elective offices of the County of Hawaii; (5) 'Income' means gross income as defined by [Section] section 61 of the Internal Revenue Code of 1954; (6) 'Officer' [has the same meaning as in Section 13-1 of the Charter.] means: (A) The mayor, members of the council and all other elected officials of the Count (B) Any person appointed as the administrative head of any agency of the County (C) The first deputy or first assistant to the administrative head of any a ency of the County; (D) Any person appointed as a member of a board or commission specifically provided for in the Charter; (E) Any person appointed as a member of any board or commission not specifically provided for in the_.Charter, but not including boards and commissions ha ving only advisory powers and functions; (F) The managing director and deputy managing director. (7) 'Regulatory employee' means: (A) Supervisors of inspectors employed by the department of public works; (H )__ Inspectors employed by the department of ublic works; _ -2- (C) Supervisors of liquor control investigators; (D) Liquor control investigators• (E) Buyers and purchasing agents• (F) Supervisors of real property tax appraisers; (G) Real property tax appraisers• (H) Planners employed by the planning department; (I) Supervisors of inspectors employed by the department of water supply; (J) Inspectors employed by the department of water supply; (K) The legislative auditor. (b) Filing of Financial Disclosures. (1) Candidates to office. All candidates for elective office for the County of Hawaii shall file a financial disclosure as provided herein within ten [(10)] working days after the deadline for filing as a candidate for office. (2) Officers. All officers [of the Executive or Legislative Branch) shall file a financial disclosure as provided herein within twenty [(20)] working days after taking the oath of office or within twenty working days after the effective date of this section and annually thereafter on or before January 31 of each year until the end of the term of office. -3- If an officer is re-elected to office or reappointed to office for a new term, the foregoing requirement for filing financial disclosures shall be observed. (3) [Employees] Regulatory employees. All regulatory employees shall file a financial disclosure as provided herein[, within thirty (30) working days of commencement of employment or term of office or within twenty (20) working days after effective date of this section and biennially thereafter on oz before January 31 of the biennium year) on or before January 31, 1984, and thereafter biennially on or before January 31 of the biennium year. Persons becoming regulatory employees on or after January 31, 1984, shall file the initial financial disclosure as provided herein within thirty working days of commencement of employment or term of office. (c) The disclosure of financial interests shall state[, in addition to] the financial interests of the person disclosing, [the financial interests of the person's spouse and dependent children,] whether held in his name or any other person for his use and benefit, and shall include: (1) The source, nature, and amount of all income of $1,000 or more received [by the person in his own name or by any other person for his use or benefit] during the preceding calendar year; provided that -4- information that may be privileged by law need not be disclosed. (2) The name of each creditor to whom the value of $3,000 or more was owed during the preceding calendar year and the original amount and amount outstanding; provided that debts arising out of retail installment transactions for the purchase of consumer goods need not be disclosed. (3) The amount and identity of every ownership or beneficial interests held during the disclosure period in any business having a value of $5,000 or more and, if the interest was transferred during the preceding calendar year, the date of the transfer; provided that an interest in the form of an account in a federal or [State] state regulated financial institution, an interest in the form of a policy in a mutual insurance company, or individual items in a mutual fund or a blind trust, if the mutual fund or blind trust has been disclosed pursuant to this paragraph, need not be disclosed. (4) Every officership, directorship, trusteeship, or other fiduciary relationship held in a business during the preceding calendar year, the term of office and the annual compensation. (5) A description of all real property located in the County of Hawaii in which the person now holds, or held during the preceding calendar year, an interest _5_ valued at $5,000 or more, its tax map key, street address, and fair market value; and, if the interest was acquired or transferred during the preceding calendar year, the consideration paid or received for the interest and the name of the person or entity paying or receiving the consideration. (6) The amount and identity of all creditor interests in an insolvent business held during the preceding calendar year having a value of $5,000 or more. (7) The names of clients personally represented before County agencies, except in ministerial matters, for a fee or compensation during the preceding calendar year and the names of the County agencies involved. (B) Where an amount is required to be reported, the person disclosing may indicate whether the amount is at least $1,000 but less than $10,000; at least $10,000 but less than $25,000; at least $25,000 but less than $50,000; at least $50,000 but less than $100,000; at least $100,000 but less than $150,000; or $150,000 or more. An amount of stock may be reported by the number of shares. (d) Filing Requirements. (1) All public financial disclosures shall be filed with the [Office] office of the County [Clerk] clerk. All confidential disclosures shall be filed with County [Board] board of [Ethics] ethics. -6- (2) The form for all public financial disclosures shall be as prescribed by the County [Clerk] clerk. The forms for confidential disclosures shall be as prescribed by the County [Board] board of [Ethics] ethics. The County clerk and the board of ethics shall also provide a short form of disclosure for subsequent annual filings and for disclosures required when leaving office or employment with the County, in those instances where the financial interests of the person disclosing are substantially the same as those reported for the preceding disclosure period. (3) [When leaving office or employment with the County.] Any officer or regulatory employee of the County shall file a financial disclosure as prescribed herein ten [(10)] working days before an officer is to leave his office or [an] a regulatory employee is to terminate his employment with the County. This requirement will also include transfer of an officer or regulatory employee from the County to either the [State] state or federal governments[.], or the transfer of an officer or regulatory employee to a County position for which financial disclosure is not required. (e) The financial disclosure statements of the following persons shall be public record and may be opened for inspection by the public during office hours of the County [Clerk] clerk: -~- (1) All candidates foz elective office. (2) All elected officers. (3) The [directors] administrative heads of the County agencies and their first deputies. (4) The managing director and deputy managing director. All other financial disclosure statements required to be filed under this section shall be confidential and accessible only by~action of the [ethics board] board of ethics. (f) Penalty. (1) Officers and regulatory employees subject to [Section] section 2-92(b). Any officer or regulatory employee of the County who fails to file a financial disclosure as required in this section shall be subject to the provisions of [Section] section 2-91 hereof relating to noncompliance. (2) Any candidate who fails to file a financial disclosure as prescribed herein shall be guilty of a misdemeanor and subject to a fine of [$1,000.00] $1,000 and imprisonment of one year. (g) Notwithstanding any other disclosures filed under this section it shall be incumbent upon all employees or officers of the County to make a full disclosure in writing to their appointing authority or to the council in the case of an elective officer, whenever the employee or officer possesses or acquires any interests financial or otherwise, _ -g- that might reasonably tend to create a conflict with the public interest in the performance of the public duties and responsibilities of the officer~or employee. Any member of the council who knows he has a personal interest direct or indirect, in any action roposed or pending before the council shall immediately disclose such interest. A copy of any disclosure of interest filed under this subsection shall be filed by the employee or officer with the County clerk which shall be a matter of public record." SECTION 2. Section 2-84 of the Hawaii County code is amended to read as follows: [Section 2-84. Disclosure of Interest. It shall be incumbent within twenty (20) days upon assumption of duties and responsibilities 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 public interest in the performance of his duties and responsibilities. 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. -9- B. File a copy of such disclosure with the County Clerk which shall become a matter of public record.] "Section 2-84. Reserved." SECTION 3. Severability. Zf 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 4. 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 5. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: Date of Adoption: Effective Date: INTRODUCED BY: ~\ /~ I ~'t..i_o T 1~1...1.U COUNCIL MFM BER, COUNTY OF HAWAII April 20, 1983 August 17, 1983 August 23, 1983 -10-