HomeMy WebLinkAboutBIL 305 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 305
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE l5, HAWAI`I COUNTY CODE, AS AMENDED,
RELATING TO THE CODE OF ETHICS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION L Pu ose. The purpose of this section is to amend the County Code of Ethics to follow the
language contained in the State Code of Ethics.
SECTION 2. Chapter 2, Article I5, Sections 2-83 and 2-85 of the Hawaii County Code 1983 (1995
Edition), relating to standards of conduct and conduct of officers and employees, are repealed as follows:
"[Section 2-83. Standards of conduct.
(a) No officer or employee shall solicit, accept or receive, directly or indirectly, any gifr, whether in the form
of money, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form, under
circumstances in which it can reasonably be infered that the gift is intended to influence him in the performance of
his official duties or is intended as a reward for any official action on his part.
(b) No officer or employee shall use or attempt to use his official position to secure or grant unwarranted
privileges, exemptions, advantages, contracts or treatment, for himself or others.
(c) No officer or employee shall disclose confidential information gained by reason of his official position or
use such information for the personal gain or benefit of himself or anyone else.
(d) No officer or employee shall engage in any business, transaction or activity or have a financial interest,
direct or indirect, which might reasonably tend to be incompatible with [be proper dischazge of his official duties or
to impair his independence ofjudgement in [he performance of his official duties, or use such information for his
personal gain or for the benefit of anyone.
(e) No officer or employee shall receive any compensation for his services as an officer or employee of the
County from any source other than the county, except as otherwise provided by this article.
(f) No officer or employee shall appeaz in behalf of private interests for compensation before any agency of
the County other than a court of law, nor represent private interests in any action or proceeding against the interest
of the County in any litigation to which the County is a party. An officer serving the County without compensation,
however, may appear for compensation in behalf of private interests before County agencies other than [he one on
which he serves and other than those agencies that have the power to review the actions of the agency on which he
serves, or to act on the same subject matter as the agency on which he serves.
(g) No officer or employee shall accept a retainer, compensation or election campaign contribution that is
contingent upon action by a County agency.
Section 2-55. Conduct of officers and employees.
(a) Officers and employees of the County, while discharging their duties and dealing with the public, shall
adhere to the following precepts:
(I) All public property and equipment aze to be treated as a public wst and aze no[ [o be used in a
proprietary manner or for personal purposes without proper consent.
(2) No person in a supervisory capacity shall engage in personal or business relationships with
subordinates which might intimidate said subordinates in the dischazge of their official duties.
(3) All persons shall be treated in a courteous, fair and impartial manner.]"
SECTION 3. Chapter 2, Article IS of the Hawaii County Code 1983 (1995 Edition), relating to the code of
ethics, is amended by adding new sections as follows:
°Section 2-83. Fair treatment.
(a) No officer or employee shall use or attempt to use the officer's or emplo ee's official position to secure
or grant uuwatranted privileges, exemptions, advantages contracts or treatment for oneself or others including but
not limited to the following:
(1) Seeking other employment or contract for services for oneself by the use or attempted use of the
officer's or employee's office or position.
(2) Accepting, receidntg, or soliciting compensation or other consideration for the performance of the
officer's or employee's official duties or responsibilities except as provided by law.
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(3) Using county time, equipment or other facilities for private business purposes
(4) Soliciting, selling, or otherwise engaging in a substantial financial transaction with a subordinate or a
person or business whom the officer or employee inspects or supervises ur the officer's or emplo ee's official
capacity.
(b) Nothing herein shall be construed to prohibit an officer from introducing bills and resolutions serving on
committees or from making statements or taking action in the exercise of the officer's legislative functions Eve
officer shall file a full and complete public disclosure of the nature and extent of the interest or transaction which the
officer believes maybe affected by legislative action.
Section 2-84. Con[licts of interests.
(a) No employee shall take any official action directly affecting:
(I) A business or other undertaking in which that employee has a substantial financial interest' or
(2) A private undertaking in which the employee is engaged as legal counsel advisor consultant
representative, or other agency capacity.
A department head who is unable to be disqualified on any matter described in items (1) and (2) above will
not be in violation of this subsection if the department head has complied with the disclosure requirements of section
2-91.1.
A person whose position on a boazd, commission, or committee is mandated by statute charter code or
resolution to have particulaz qualifications shall only be prohibited from taking official action that direct) and
specifically affects a business or undertaking in which that person has a substantial financial interest' provided that
the substantial financial interest is related to the member's particulaz qualifications.
(b) No employee shall acquire financial interests in any business or other undertaking which that emplo ee
has reason to believe may be directly involved in official action to be taken by the employee.
(c) No officer or employee shall assist any person or business or act in a representative capacity before an
county agency for a contingent compensation in any transaction involving the County.
(d) No officer or employee shall assist any person or business or act in a representative capacity for a fee or
other compensation to secure passage of a bill or to obtain a contract, claim, or other transaction or proposal in
which [he officer or employee has participated or will participate as an officer or employee, nor shall the officer or
employee assist any person or business or ac[ in a representative capacity for a fee or other compensation on such
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bill, contract, claim, or other transaction or proposal before the council or agency of which that person is an
employee or officer.
(e) No employee shall assist any person or business or ac[ in a representative capacity before a count
agency for a fee or other consideration on any bill, contract, claim, or other transaction or proposal involving official
action by [he agency if the employee has official authority over that county agency unless the emplo ee has
complied with the disclosare requirements of section 2-91.1.
Section 2-85. Contracts.
(a) A county agency shall no[ enter into any contract [o procure or dispose of goods or
services, or for construction, with an officer, an employee, or a business in which an officer or an employee has a
controlling interest, involving services or property of a value in excess of $10,000 unless:
(1) The contract is awarded by competitive sealed bidding pursuant to the state public procurement
code;
(2) The contract is awarded by competitive sealed proposal pursuant to the state public procurement
code; or
(3) The agency posts a notice of its intent to awazd the contract and files a copy of the notice
with the County Boazd of Ethics at least ten days before the contract is awarded.
(b) A county agency shall not enter into a contract with any person or business which represented or
assisted personally in the matter by a person who has been an employee of the agency within [he preceding two
years and who participated while in county office or employment in the matter with which the contract is directly
concerned.
Section 2-85.1. Contracts voidable.
In addition to any other penalty provided by law, any contract entered into by the County in violation of this
article is voidable on behalf of the County; provided that in any action to avoid a contract pursuant to this section the
interests of third parties who maybe damaged thereby shall be taken into account, and the action to void the
transaction is initiated within sixty days after the determination of a violation under this article. The corporation
counsel shall have the authority to enforce this provision."
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SECTION 4. Chapter 2, Article l5, Sections 2-91.4, 2-91.5 and 2-91.6 of the Hawai` i County Code 1983
(1995 Edition), relating to the reporting of gifts by council members, gift disclosure statement and gifts excluded
from reporting requirements, aze repealed as follows:
"[Section 2-91.4. Reporting of gifts by council members.
Every council member shall file a gifts disclosure statement with the County clerk on June 30 of each yeaz if
all the following conditions are met:
(a) The council member received directly or indirectly from one source any gift or gifts whether the gift is in
the form of money, services, goods or any other form.
(b) The source of the gift or gifts has interests that may be affected by official action or lack of action by the
council member.
(c) The gift is not exempted by section 2-91.6 from reporting requirements under this article.
Section 2-91.5. Gifts disclosure statement.
The gifts disclosure statement shall contain the following infottnation:
(a) A description of the gift.
(b) The date [he gift was received.
(c) The name of the person, business entity or organization from whom or on behalf of whom the gift was
received.
Section 2-91.6. Gifts excluded from reporting requirements.
Excluded from the reporting requirements of [his section aze [he following:
(a) Gifts received by will or intestate succession.
(b) Gifts received by way of distribution of any inter vivos or testamentary trust established by a spouse or
ancestor.
(c) Gifts from a spouse, fiance, fianc8e, any relative within four degrees (4°) of consanguinity or the spouse,
fiance or fiancee of such relative. A gift from any such person is a reportable gift if the person is acting as an agent
or intermediary for any person not covered by this paragraph.
(d) Political campaign contributions that comply with state law.
(e) Anything available to or distributed to the public generally without regazd to the official status of the
recipient.
(t) Gifts that, within thirty (30) days after receipt, aze returned to the giver or delivered to a public body or to
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a bona fide educational or chazitable organization without the donation being claimed as a chazitable contribution for
tax purposes.
(g) Exchanges of approximately equal value on holidays, birthdays or special occasions.]"
SECTION 5. Chapter 2, Article IS of the Hawaii County Code 1983 (1995 Edition), relating to code of
ethics, is amended by adding new sections as follows:
"Section 2-91.4. Gifts.
No officer or employee shall solicit accept or receive directly or indirectly any gift, whether in the form of
money service loan travel entertainment hospitality thing or promise or in anv other form, under circumstances
in which it can reasonably be inferred that the gift is intended to influence the officer or employee in the
performance of the officer's or employee's official duties or is intended as a rewazd for any official action on the
officer's or employee's part.
Section 2-91.5. Reporting of gifts.
(a) Every officer and employee shall file a gifts disclosure statement with the County Board of Ethics on
June 30 of each year if all the following conditions aze met:
(1) The officer or employee or spouse or dependent child of an officer or employee received directly or
indirectly from one source any gifr or gifts valued singly or in the aggregate in excess of $200.00, whether the gift is
in the form of money service, goods, or m any other form;
(2) The source of the gift or gifrs have interests that may be affected by official action or lack of action by
the officer or employee; and
(3) The gift is not exempted by subsection (d) from reporting requirements under this subsection.
(b) The report shall cover the period from June 1 of the preceding calendar yeaz through June 1 of the yeaz of
the report.
(c) The gifrs disclosure statement shall contain the following information:
(1) A description of the gift;
(21 A enod faith estimate of the value of the gift;
(3) The date the gift was received; and
(4) The name of the person business entity or organization from whom or on behalf of whom, The gifr
was received.
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(d) Excluded from the reporting requirements of this section are the following:
(1) Gifts received by will or intestate succession;
(2) Gifts received b way of distribution of any inter vivos or testamentary trust established by a spouse or
ancestor;
(3) Gifts from a spouse fiance fiancee any relative within four degrees of consanguinity or the spouse,
fiance or fiancee of such a relative A gift from any such person is a reportable gift if the person is acting as an
a en[ or intetmediazy for any person no[ covered by this pazagraph;
(4) Political campaign contributions that comply with state law;
(5) Anything available to or distributed to the public generally without regazd to the official status of the
reci ien[;
(6) Gifts that within thirty days after receipt aze returned to the giver or delivered to a public body or to a
bona fide educational or charitable organization without the donation being claimed as a charitable contribution for
tax Durposes; and
(7) Exchanges of approximately equal value on holidays birthday or special occasions.
(e) Failure of an officer or employee [o file a gifts disclosure statement as required by this section shall be a
violation of this article."
SECTION 6. Chapter 2, Ariicle I S of the Hawaii County Code 1983 (1995 Edition), relating to code of
ethics, is amended by adding a new section as follows:
"Section 2-91.6. Contldential information.
No officer or employee shall disclose information which by law or practice is not available to the public and
which [he officer or employee acquires in [he course of [he officer's or employee's official duties, or use the
information for the officer's or employee's personal gain or for the benefit of anyone."
SECTION 7. Severability. If any provision of this ordinance, or [he application thereof [o any person or
circumstance, is held invalid, [he 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 ordnance aze
severable.
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SECTION 8. Material [o be repealed is bracketed. New material is underscored. In printing [his ordinance,
the brackets, bracketed material, and underscoring need not by included.
SECTION 9. This ordinance shall take effect upon its approval.
INTRODUCED BY:
G~
COUNCIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Dale of 1"Reading:
Date of 2"d Reading:
Effective Date:
REFERENCE: Comm. 887
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