HomeMy WebLinkAboutORD 1984-055 1984-1988BILL N0. 1088
(Draft 2)
COUNTY OF HAWAII - STATE OF HAWAII
ORDINANCE N0. S~ SS
A BILL FOR AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 15,
OF THE HAWAII COUNTY CODE, BY ADDING A NEW SECTION
RELATING TO ETHICS AND POST-EMPLOYMENT.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The Hawaii County Code is amended by adding
a new section to read as follows:
"Sec. 2-91.2. Post-employment.
(a) No former officer or employee shall disclose any
information which by law is not available to the general
public and which the officer or employee acquired in the
course of his or her official duties, nor shall the former
officer or employee use such information for his or her
personal gain or for the benefit of any other person. A
former officer or employee may, however, disclose such
information if requested by authorized governmental
personnel, for official purposes.
(b) No former officer or employee shall, within twelve
months after the termination of his or her employment or
term of office with the County, assist any person or
business or act in a representative capacity for a fee,
compensation, or other consideration, or otherwise act for
his or her own personal economic gain, in relation to any
specific case, proceeding, contract, application, or pending
legislation with which the former officer or employee, in
the course of his or her official duties with the County:
(1) had been directly concerned;
(2) had under active consideration; or
(3) had obtained information which by law is not
available to the general public.
A former officer or employee may, however, assist a
governmental entity in relation to such matters if requested
by authorized governmental personnel for official purposes.
(c) Nothing in this section shall prohibit any agency
of the County from contracting with the former officer or
employee to act on matters on behalf of the County.
(d) Any fee, gift, profit, or other compensation
received by a former officer or employee in violation of (a)
or (b) above shall be forfeited to the County. The
Corporation Counsel is authorized to take all measures
necessary to recover such compensation.
(e) In addition to any other penalty provided by law,
whenever any former officer or employee has obtained, or
assisted any other person to obtain, favorable County action
-2-
and the former officer or employee violated (a) or (b) above
in the course of the obtaining of such action, the County
may void such action, provided that the County shall act to
void the action within sixty days of its discovery of the
violation and shall, insofar as possible, avoid damaging the
interests of innocent third parties.
(f) The Board of Ethics is hereby empowered to receive
petitions from, and render informal and formal advisory
opinions to, former officers or employees who request
advisory opinions regarding their own conduct in relation to
this section.
A former officer or employee shall not be deemed in
violation of this section with respect to conduct which
conforms to an advisory opinion of the Board, and none of
the sanctions of this section may be applied to such
conduct."
SECTION 2. If 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.
-3-
SECTION 3.
approval.
Hilo, Hawaii
This ordinance shall take effect upon its
Date of Introduction
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
INTRODUCED BY:
~d"h'~-O ~
COUNCIL MEMBER, COUNIIY OF HAWAII
August 22, 1984
August 22, 1984
September 5, 1984
September 11, 1984
-4-