HomeMy WebLinkAboutBIL 265 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 265
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 15, HAWAII COUNTY
CODE 1983 (1995 EDITION), RELATING TO LIMITS ON FINANCIAL INTERESTS
BY THE MAYOR AND COUNTY COUNCIL MEMBERS AND THEIR IMMEDIATE
FAMILIES IN BUSINESSES DOING BUSINESS WITH THE COUNTY.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose. The Council finds that 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 personal financial interests 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.
The Council proposes more stringent guidelines regarding the personal and family
financial interests of the Mayor and County Council members. This bill would make it
illegal for these elected officials or their immediate families to have $1,000 or more in
business interests in a company that does any business 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 3- MaVOC and Council ownership of businesses doing business
with the County of Hawaii.
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(a) Definitions. When used in this azticle:
(1) "Business" has the meaning given to it in Section 2-91.1(a)(2),
Hawaii County Code;
~2) "Immediate family" means the spouse and children of the Mayor
or Council member.
(b) Disclosure
(1) Within ten days after election or appointment, the Mayor and
Council members shall file a disclosure Form reporting all
ownership in businesses doing business with the County and begin
divesting themselves of such conflicting interests. The Mayor and
Council members shall have 45 days from election or appointment
to complete divestiture of all but the $1,000 threshold, or to place
such interests in a blind trust. The County shall provide a form to
document ownership and disposition of such interests.
(c) Penalties.
(1) A Council member 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;
(2) The prosecution of a violation pursuant to this section shall be
commenced within two yeazs afer commitment of the violation.
No violation shall be prosecuted after the expiration of the two-
yeaz 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."
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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:
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of ls` reading:
Date of 2"d reading:
Effective Date:
RfFERENCE~ Comm. 7.~
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