HomeMy WebLinkAboutBIL 184 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 184
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE I5, HAWAI`I COUNTY
CODE 1983 (1995 EDITION), RELATING TO CAMPAIGN CONTRIBUTIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L
SECTION 1. Purpose. The Council finds that it is in the best interest of the
public to minimize the perceived and actual influence of campaign contributions in
County government decision making. [n order that elected County officials not be put in
the position of a real or perceived conflict of interest, and in order to insure that every
individual and interest group in the County has fair, open and equal influence in
government decisions, the Council proposes the following amendments to the Hawaii
County Code.
The Council proposes more stringent guidelines regarding behavior between
lobbyists and elected officials. This bill would not allow a County Council member to
vote on any issue involving a business transaction, rezoning, permit or license if that
Council member received a campaign contribution of more than $ 100.00 from the
applicant, the immediate family of the applicant, a business in which the applicant has an
interest, owners of a business in which the applicant has an interest, the immediate family
of the owners of a business in which the applicant has an interest, a lobbyist for a
business in which the applicant has an interest, a lobbyist for an industry organization in
which the applicant is a member or from individuals and businesses representing the
applicant. Also, this bill would make it illegal for elected officials to have any business
interest in a company that does more than $500.00 of business per year with the County.
SECTION 2. Chapter 2, Article 15, Hawaii County Code 1983 (1995 Edition), is
amended by adding a new section to be appropriately numbered and designated to read as
follows:
"Section 2- .Council action limited b campaign contributions
(a) Definitions. When used in this article:
(1) "Applicant" means a person who stands to benefit financiall
(2) "Business" has the meaning given to it in Section 2-91. l (a)(2)
Hawaii County Code;
(3) "Business owner" means any person who owns an portion of a
business;
(4) "Campaign contribution" means a "contribution" as defined under
Section 11-191, Hawaii Revised Statutes;
(5) "Immediate family" means the spouse and children of the person
referred to;
(6) "Lobbyist" means any person:
~A) Seeking or having sought within the preceding two years
any type of discretionary approval from the Count ,
whether legislative, administrative or quasi judicial,
including, without limitation, a business owner, landowner
developer, architect, engineer, planner, community
association, coalition or agent of the foregoing; or
(B) Qualifying as a "lobbyist" under section 2-913(a)(6),
Hawaii County Code;
(7) "Lobbying" has the meaning given to it in Section 2-91.3(a)(7),
Hawaii County Code.
(b) Council action.
(1) An elected official of the County Council shall not vote on any
business transaction, rezoning, permit or license, if that official
received a campaign contribution with a value in excess of $100.00
from the applicant, the immediate family of the applicant, a
business in which the applicant has an interest, owners of a
business in which the applicant has an interest, a lobbyist for a
business in which the applicant is a member, individuals and
businesses representing the applicant.
~A) This section shall not apply to:
(i) Appointing or voting on an appointment of
someone to a County office, board, or commission•
(ii) Voting on measures relating to non-profit
organizations providing public services for the
County;
(iii) Voting on measures relating to volunteer
organizations with no pecuniary interest at stake' or
w) Voting on internal government contracts with public
organizations or between various branches of the
government.
No elected County official may have any interest in a business
enterprise that does business with the County in excess of $500 per
Year•
(c) Penalties.
(I) An exempt officer or employee, candidate for county office or
lobbyist who violates any provision of this section shall be guilty
of a misdemeanor.
(A) The prosecuting attorney shall be responsible For
prosecution of the violation. If the prosecuting attorney
becomes disqualified, the state attorney general shall have
the responsibility for prosecution.
(B) The prosecution of a violation pursuant to this section shall
be commenced within two years after commitment of the
violation. No violation shall be prosecuted after the
expiration of the two-year period.
(2) If the elected official is deemed to be in violation of any of the
provisions of this section, each day in which the official is in
violation shall be considered a separate offense.
(3) Each separate offense shall, upon conviction, be punishable by a
fine of $1000.
(4) Conviction of a violation of this section of the Hawaii Count
Code shall be grounds for impeachment."
SECTION 3. 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 4. 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 provisions or
application, and to this end, the provisions of this ordinance are declared to be severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
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Ck'1~UNCIL MEM~R, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of I si reading:
Date of 2nd reading:
Effective Date:
REFERENCE: Comm. 584