HomeMy WebLinkAboutORD 1983-841 1980-1984~~-°
BILL N0. 879
(Draft 2
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE N~O.
A BILL FOR AN ORDINANCE TO AMEND ARTICLE 8 OF CHAPTER 2, HAWAII
COUNTY CODE, BY ADDING THERETO A NEW SECTION RELATING TO
ADDITIONAL STANDARDS OF CONDUCT REQUIRING FINANCIAL DISCLOSURES
AND PROVIDING PENALTIES THEREFOR.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Article 8 of Chapter 2, Hawaii County Code, is
hereby amended by adding thereto a new section to be appropriately
numbered and to read as follows:
"Sec. 10. Financial Disclosures.
(a) Definitions. The following words used in this section
shall have the respective meanings in this subsection:
(1) 'Business' includes a corporation, a partnership, a
sole proprietorship, a trust or foundation, or other
individual organization carrying on a business, whether or not
operated for profit;
(2) 'Candidate' has the meaning given it by Section
11-191(3) of the Hawaii Revised Statutes;
(3) 'Elective' means all elective offices of the County
of Hawaii;
(4) 'Employee' means all full-time employees of the
Executive and Legislative Branches of the County of Hawaii,
hearing officers of commissions and agencies, but excluding
all persons hired for not more than one year under subsidized
employment and training programs;
(5) 'Income' means gross income as defined by Section 61
of the Internal Revenue Code of 1954;
r
(6) 'Officer' has the same meaning as in Section 13-1 of
the Charter.
(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 and annually thereafter on or before
January 31 of each year until the end of the term of office.
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. All 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 [annually] biennially thereafter on or before January 31
of [each] the biennium year.
(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,
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 information that may be
privileged by law need not be disclosed.
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(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 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 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.
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(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.
(d) Filing Requirements.
(1) All public financial disclosures shall be filed with
the Office of the County Clerk. All confidential disclosures
shall be filed with County Board of Ethics.
(2) The form for all public financial disclosures shall
be as prescribed by the County Clerk. The forms for
confidential disclosures shall be as prescribed by the County
Board of Ethics.
(3) When leaving office or employment with the County.
Any officer or 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 employee is to
terminate his employment with the County. This requirement
will also include transfer of an officer or employee from the
County to either the State or federal governments.
(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:
(1) All candidates for elective office.
(2) All elected officers.
(3) The directors of the County agencies and
their first deputies.
All other financial disclosure statements required to be filed
under this section shall be confidential and accessible only by
action of the ethics board.
(f) Penalty.
(1) Officers and employees subject to Section 10(b).
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Any officer or employee of the County who fails to file a
financial disclosure as required in this section shall be subject
to the provisions of Section 8.03 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 and
imprisonment of one year.
SECTION 2. The County Clerk is hereby authorized to renumber
sections of this article as necessary.
SECTION 3. Severability. If any provision of this ordinance,
or the application thereof to any person or circumstance is held
invalid, the invalidity does 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 severable.
SECTION 4. Material to be repealed is bracketed, new material
is underscored In printing this ordinance the bracketed
material and the underscoring may be excluded.
SECTION [4] 5
approval.
This ordinance shall take effect upon its
INTRODUCED BY:
O'YY1.1.6 T ~.t4.1
COUNCIL MEMBER, CO NTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of Adoption:
Effective Date:
December 1, 1982
January 18, 1983
January 31, 1983
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Hilo, Hawaii
na+P~ December 1. 1982
FIRST READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo X
Fuji i X
Hale
Kawahara X
X
~
-
Lai X
Schutte X
Ch r. Yamashiro X
9 0 0
Publication Date:
Hilo, Hawaii
na}p. ,Tannarv 7R- 1983
SECOND & FINAL READING
AYES NOES A/E
Dahlberg X
De Luz X
Domingo X
Fujii X
Hale X
Kawahara X
Lai X
Schutte X
Ch r. Yamashiro X 1
9 0 0 _I
Publication Date: ~~6. 6 1983
We do hereby certify that the foregoing BILL was adopted by the
County Council and published as indicated above.
AFw^^~-°alA~"J cs to
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CO - .~,,.:.~ r_
ome ------- .J A ~J --2- 0--1983..----------
uncil Ch a' n
DJ . ~3 .,,~,. _
County. Clerk
Approved/^;, -~~,..°~-:
this 3I~ day of
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~~t ~r 1~
Bill No. 879 (Draft 2)
Reference: C-922/FC-265
M.B. No. _
Ord. No. -