HomeMy WebLinkAboutBIL 264 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 264
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 15, HAWAII COUNTY
CODE 1983 (1995 EDITION), RELATING TO CONFLICTS OF INTEREST.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The Council finds it is consistent with Federal, State,
County laws, and the County Charter to minimize conflicting interests on the part of
elected officials. The Council also finds that it is in the best interest of the public to
minimize the perceived and actual influence of campaign contributions in the legislative
decision-making process. To this purpose and to encourage more equitable opportunities
for every individual and interest group to participate in this process, the Council proposes
the following amendments to the Hawaii County Code. This bill is not intended to limit
any constitutional rights. To the contrary, it is being proposed to further equalize those
rights as they relate to citizen access to and participation in the legislative process.
This bill would not allow a County Council member to vote on any discretionary
matter granting a direct financial benefit to the applicant, such as and not limited to, a
business transaction, rezoning, land use change, permit or license if that Council member
received an aggregate of $100 in campaign contributions in the election period prior to
his/her election from the applicant or any other person who or entity which would receive
a direct financial benefit from the discretionary approval sought.
1
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 by campaign contributions.
(a) Definitions. When used in this article:
(1) "Applicant" shall mean any individual, business business owner of a
business, or any other entity or combination thereof seeking approval of a
discretionary matter that requires a vote by an elected official of the
Council.
(2) "Business" has the meaning given to it in Section 2-91.1(a)(2) Hawaii
County Code.
(3) "Business owner" means any person who owns any portion of a business.
(Q) "Campaign contribution" means a "contribution" as defined under Section
I 1-191, Hawaii Revised Statutes.
(5) "Direct financial benefit" means a financial benefit received only as a
direct result of the discretionary approval sought. Direct financial benefit
shall not include stockholders with less than a five percent (5%) interest in
a business and who do not participate in the operation of the business.
(6) "Discretionary matter" means any request and/or application, such as but
not limited to, a business transaction, rezoning, land use change, permit or
license which requires a vote by an elected official of the Council and
provides a financial benefit to the applicant.
2
(7) "Discretionary
approval" means a vote by
an elected official of the
Council to approve a discretionary matter.
(b) Council action.
(1) An elected official of the County Council shall not vote on an
discretionary matter if that official received an aggregate of $100 in
campaign contributions in the election period prior to his/her election from
the applicant or any other person who or entity which would receive a
direct financial benefit from the discretionary approval sought.
(c) Penalties.
(1) A member of the Hawaii County Council 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 responsibility for prosecution.
(2) 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.
(3) Upon conviction each separate offense shall be punishable by a fine of
$1,000.
(4) Conviction of a violation of this section of the Hawaii County Code shall
be grounds for impeachment.
(d) Disclosure.
3
(1) Within ten days after a request for a discretionary approval is submitted to
the Council or prior to a vote on such matter, whichever comes first, all
applicants shall file a disclosure form reporting all contributions to
Hawaii County Council members by the applicant or any person who or
entity which would receive a direct financial benefit, as defined in Section
2 (a)(5), from the discretionary approval sought. Such a form shall be
provided by the County."
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:
~s
C CIL MEMBER, OUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1 s` Reading:
Date of 2"d Reading:
Effective Date:
REFERENCE: Canm• ~g------
~
4