HomeMy WebLinkAboutBIL 305 Draft 03 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 305
Draft 3
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE I5, HAWAI`I COIJN"CY CODE, AS AMENDED,
RELATING TO THE CODE OF ETHICS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION L Purpose. 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, Section 2-82 of the Hawaii County Code 1983 (1995 Edition), relating
to definitions is amended to read as follows:
"Section 2-82. Definitions.
(a) As used in this azticle:
(1) "Agency" means any office, department, boazd, commission, or other governmental unit of the
executive or legislative branches of the county, but does not include subdivisions of deparunent;
[(I "Board" means the boazd of ethics.
(3) "Business" includes a corporation, a partnership, a sole proprietorship, a trust or foundation, or other
individual organization cazrying on a business, whether or not operated for profit.
[(2)] "Compensation" means any money, thing of value, or economic benefit conferred on or received
by any person in return for services rendered or to be rendered by [himselff oneself or another.
(5) "Controlling interest" means an interest in a business or other undertaking which is sufficient in fact to
control, whether the interest be greater or less than 50%.
[(3)] "Employees" means any person, except an officer, employed by the County or any agency [hereof
but the term shall no[ include an independent contractor.
"Financial interest" means an interest held by an individual, the individual's spouse, or dependent
children which is
(A) An ownership interest in a business.
(B) A creditor interest in an insolvent business.
(C) An employment, or prospective employment for which negotiations have begun
(D) An ownership interest in real or personal prope
(E) A loan or other debtor interest.
(F) A directorship or officership in a business.
[(4)] "Officer" includes the following:
(A) The mayor [and], members of the council];], and all other elected officials of the Count
(B) [Any person elected or appointed as administrative head of any agency of the County or appointed as
a member of any board or commission provided for in the Charter;] Any person appointed as the administrative head
of any agency of the County;
(C) [Any person appointed by a board or commission as the administrative head of any agency of the
County;] The first deputy or first assistant to the administrative head of an agent of the Coun
(D) [Deputy, assistant or division chief appointed by the administrative head of any agency of the County;
or] Any person appointed as a member of a board or commission specifically provided for in the Charter
(E) [Assistant or deputies of the corporation counsel and prosecuting attorney.] Any person appointed as
a member of any board or commission no[ specifically provided for in the Charter but not including boazds and
commissions having only advisory powers and functions;
(F) The managing director and deputy managing director.
(9) "Official act" or "Official action" means a decision, recommendation, approval disapproval or other
action, including inaction, which involves the use of discretionary authority.
0) "Official authority" includes administrative or legislative powers of decision recommendation
approval, disapproval, or other discretionary action."
SECT[ON 3. Chapter 2, Article I5, Sections 2-83 and 2-85 of the Hawaii County Code 1983 (1995
Edition), relating [o s[andazds of conduct and conduct of officers and employees, aze repealed as follows:
"[Section 2-83. Standards of conduct.
(a) No officer or employee shall solicit, accept or receive, directly or indirectly, any gift, whether in the form
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of money, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form, under
circumstances in which it can reasonably be inferred that the gift is intended [o influence him in the performance of
his official duties or is intended as a rewazd 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 [he 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,
director indirect, which might reasonably tend to be incompatible with the proper discharge of his official duties or
to impair his independence ofjudgement in the 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.
(t) No officer or employee shall appear 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 the 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 [o 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 2-85. Conduct of officers and employees.
(a) Officers and employees of the County, while dischazging their duties and dealing with the public, shall
adhere to the following precepts:
(1) All public property and equipment aze to be treated as a public tmat and are not to 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 discharge of [heir official duties.
(3) All persons shall be treated in a courteous, fair and impartial manner.]"
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SECTION 4. Chapter 2, Article l5 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 unwarranted privileges, exemptions advantages contracts or treatment for oneself or others including but
not limited to the following:
(I) Seeking other employment or contract for services for oneself b the use or attempted use of the
officer's or employee's office or position.
(2) Accepting receiving, 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
(3) Using county time equipment or other facilities for private business or campaign 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 in the officer's or emplovee's official
ca aci[ .
(5) Using county property or personnel for other than a public activi[ or purpose.
(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 may be affected by legislative action.
Section 2-84. Conflicts of interests.
(a) No officer or employee shall take any official action dvectly affecting:
(l) A business or other undertaking in which that officer or employee has a substantial financial interest;
(2) A private undertaking in which the officer or employee is engaged as legal counsel, advisor,
consultant, or representative, or other agency capacity or
(3) A business or undertaking in which the employee knows or has reason to know that a brother, a sister, a
parent, an emancipated child, or a household member has a substantial financial interest, provided that the financial
interests of these individuals shall not include [hose of any spouse or child.
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A department head who is unable to be disqualified on any matter described in items (I) (2) and (3) above
will not be in violation of this subsection if the department head has complied with the disclosure requirements of
section 2-9 L 1.
A person whose position on a boazd, commission or committee is mandated b statute charter code or
resolution to have particular qualifications shall onl be prohibited from taking official action that direct] and
~ecitically 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 officer or employee shall acquire financial interests in an business or other undertaking which that
officer or employee has reason to believe ma be direct) involved in official action to be taken b the officer or
employee.
(c) No officer or employee shall assist any person or business or act in a representative capacit before an
county agency for a contingent compensation m an Vansaction involving the Coun
(d) No officer or employee shall assist any person or business or act in a representative capacit 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 the officer or employee has participated or will participate as an officer or emplo ee nor shall the officer or
employee assist any person or business or act in a representative capacity for a fee or other compensation on such
bill, contract, claim, or other Vansaction or proposal before the council or agency of which that person is an
employee or officer.
(e) No officer or employee shall assist any person or business or act in a representative capacit before a
county agency for a fee or other consideration on any bill, conVact, claim, or other Vansaction or proposal involving
official action by the agency if the officer or employee has official authority over that county agenc unless the
officer or employee has complied with [he disclosure requirements of section 2-91.1.
Section 2-85. Contracts.
(a) A county agency shall not enter into any contract involving services or property of a value in excess of
$10,000.00 [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 unless:
(1) The contract is awarded by competitive sealed bidding pursuant [o the state public procurement
code;
(2) The contract is awarded by competitive sealed proposal pursuant to the state public procurement
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code; or
(3) The agency posts a notice of its intent to award the contract and files a copv 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 an person or business which represented or
assisted personally in the matter by a person who has been an emplo ee of the agency within the preceding two
years and who participated while in county office or employment in the matter with which the contract is direct
concerned.
Section 2-85.1. Contracts voidable.
In addition [o any other penalty provided by law any contras[ entered into b the Count 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 may be damaged thereby shall be taken into account and the action to void [he
transaction is initiated within sixty days afrer the determination of a violation under this article The corporation
counsel shall have the authority to enforce this provision."
SECTION 5. Chapter 2, Article 15, Section 2-9 L I of the Hawaii County Code 1983 (1985 Edition), relating
to financial disclosures and disclosures of interest is amended to read as follows:
"Section 2-91.1. Financial disclosures and disclosures of interest.
(a) Definitions. The following words used in this section shall have the respective meanings in this
section:
[(1) "Agency" means any office, department, board, commission, or other governmental unit of the
executive or legislative branches of the County, buy does not include subdivisions of depaztmen[s:
(2) "Business" includes a corporation, a partnership, a sole proprietorship, atrust or foundation, or other
individual organization carrying on a business, whether or not operated for profit;
(3)] ~ "Candidate° has the meaning given it by section 11-191(3) of the Hawaii Revised Statutes;
[(4)] ~ "Elective" means all elective offices of the County of Hawaii;
[(5)] ~ "Income" means gross income defined by section 6l of the Internal Revenue Code of 1954;
[(6) "Officer" means:
(A) The mayor, members of the council, and all other elected officials of the County;
(B) Any person appointed as the administrative head of any agency of [he County;
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(C) The firs[ deputy or first assistant to the administrative head of any agency of the County;
(D) Any person appointed as a member of a board or commission specifically provided for in the Charter;
(E) Any person appointed as a member of any board or commission not specifically provided for in the
Charter, but no[ including boards and commissions having only advisory powers and functions;
(F) The managing director and deputy managing director.
(7)] ~ "Regulatory employee" means:
(A) Supervisors of inspectors employed by the department of public works;
(B) Inspectors employed by the department of public works;
(C) Supervisors of liquor control investigators;
(D) Liquor control investigators;
(E) Buyers and purchasing agents;
(F) Supervisors of real property tax appraisers;
(G) Real property tax appraisers;
(H) Planners employed by the planning deparbnent;
(I) Supervisors of inspectors employed by the department of water supply;
(J) Inspectors employed by the department of water supply;
(K) The legislative auditor."
SECTION 6. Chapter 2, Article I5, Sections 2-91.4, 2-91.5 and 2-91.6 of the Hawaii County Code 1983
(1995 Edition), relating to the reporting of gifts by council members, gifr disclosure statement and gifts excluded
from reporting requirements, are repealed as follows:
"[Section 2-91.4. Reporting o[ gifts by council members.
Every council member shall file a gifts disclosure statement with the County clerk on June 30 of each year if
all the following conditions are met:
(a) 'The council member received directly or indirectly from one sowce any gift or gifs whether the gift is in
[he 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 2-9 L6 from reporting requirements under [his article.
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Section 2-91.5. Gifts disclosure statement.
The gifts disclosure statement shall contain the following information:
(a) A description of the gift.
(b) The date the 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 this section are the 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, fiancke, 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 [hat comply with state law.
(e) Anything available to or distributed to the public generally without regard to the official status of the
recipient.
(f) Gifts that, within thirty (30) days afrer receipt, are 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 purposes.
(g) Exchanges of approximately equal value on holidays, birthdays or special occasions.]"
SECTION 7. Chapter 2, Article 15 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 m 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 inferred that the gift is intended to influence [he officer or employee in the
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performance of the officer's or employee's official duties or is intended as a reward for an 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:
~I) The officer or employee, or spouse or dependent child of an officer or emplo ee received direct) or
indirectly from one source any gifr or gifts valued singly or in the aggregate in excess of $ l00 00 whether the gift is
in the forth of money, service, goods, or in any other form;
(2) The source of We gifr or gifs 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 May 3l of the year
of [he report.
The gifts disclosure statement shall contain the following information:
A description of the gift;
(2) A good faith estimate of the value of [he gift;
(3) The date the gifr was received; and
(4) The name of the person, business entity, or organization from whom, or on behalf of whom the gifr
was received.
(d) Excluded from the reporting requirements of this section are the following:
(1) Gifts received by will or intestate succession;
(2) Gifts received by 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
agent or intermediary for any person not covered by this paragraph;
(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
recipient;
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(6) Gifts that, within thirty days after receipt are 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 purposes; and
(7) Exchanges of approximately equal value on holida s birthda or special occasions
(e) Failure of an officer or employee to file a gifts disclosure statement as required b this section shall be a
violation of this article."
SECTION 8. Chapter 2, Article 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. Confidential information.
No officer or employee shall disclose information which 6 law or practice is not available to the public and
which the officer or employee acquires in the course of the officer's or emplovee's official duties or use the
information for the officer's or employee's personal gain or for the benefit of an one."
SECTION 9. Severability. If any provision of this ordinance, or the application thereof to any person or
circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which
can be given effect without the invalid provision or application, and [o this end [he provisions of this ordnance aze
severable.
SECTION 10. Material to be repealed is bracketed. New material is underscored. In printing [his ordinance,
the brackets, bracketed material, and underscoring need not by included.
SECTION 1 I. This ordinance shall take effect upon its approval.
INTRODUCED BY:
C~C~Cx uf'Y~/
CIL MEMBER, COUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of Is' Reading:
Date of 2"d Reading:
Effective Date:
I,t:Ftitl::i~''L-': C,a.~t:: 887.002
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