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HomeMy WebLinkAboutREP FC 167 05/04/2010 2008-2010OFFICE INFORMATION ONLY Meeting: Council—November 17, 2010 Action: Filed due to vote count: 2 ayes — Ford, Yagong. 5 noes I absent—Hoffmann Postponed: May, 19, September 21, and October 10, 2010. Re: Bill 230; Comm. 758 (2008-2010 term); FC -167 not adopted) REPORT OF THE COMMITTEE ON FINANCE DATE May 4, 2010 PLACE- Sheraton Keauhou Bay Resort and Spa 78-128 `Ehukai Street Kailua-Kona, Hawaii TIME. 9 37 a in Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Re Comm No. 758/Bill No 230 Your Committee on Finance, to which was referred Bill No 230 reports as follows: Bill No. 230, transmitted by Mayor William P Kenoi via Communication No 758, dated March 10, 2010, amends Chapter 2, Article 15, of the Hawaii County Code 1983 (2005 Edition, as amended), relating to the Code of Ethics This bill amends the County Code of Ethics to provide for a comprehensive definition of "agency", prohibits County employees and companies in which a County employee has a controlling interest from contracting with the County, prohibits any County agency from contracting with a County employee or a company in which the County employee has a controlling interest, and bans County employees from representing third parties who appear before County agencies unless specifically authorized by ordinance At the April 6, 2010 meeting of Your Committee on Finance, Deputy Corporation Counsel Renee Schoen said the Board of Ethics is working on their own bill proposing changes to the Code and it may be ready for submission to the Council for the next Committee meeting In response to Mr Yagong's asking if the Mayor and the Commission had made an attempt to coordinate their efforts, Ms Schoen said it has been difficult because the Commission meets only once per month In response to Mr Enriques' question, Ms Schoen said the Board's bill provides for exceptions to the prohibition of contracting in cases where• • The contract is with a department other than that in which the employee works Special duty officers If the contractor seeks prior approval from the Board of Ethics The contract is awarded as a sealed bid FC Rept No. 167 Comm No 758 Bill No. 230 Page 2 of 2 Corporation Counsel Lincoln Ashida clarified that there was no impasse between the Mayor and the Board, but rather a desire to present the Council with different options Several Council Members agreed it would be beneficial to review both proposals side by side, be it in the form of a bill, amendments or recommendations Council Chair Yoshimoto moved to postpone Bill No. 230 to the call of the Chair. Voting in favor of the postponement were Mr. Enriques, Ms. Ford, Mr. Greenwell, Mr. Hoffmann, Mr. Ikeda, Mr Onishi, and Council Chair Yoshimoto. Mr. Yagong voted against the postponement and Ms. Naeole-Beason was absent at the time of the vote. At the May 4, 2010 meeting of Your Committee on Finance, County Purchasing Agent Gilbert Benevides said there is no chance of impropriety with the sealed bid process. Deputy Corporation Counsel Renee Schoen apologized on behalf of John Dill, the Chair of the Hawaii County Board of Ethics, who was not able to be present, and indicated that she was there on the Board's behalf to answer any questions. She stated the Board's position was set forth in Communication No 758.2. Your Committee on Finance is in accordance with the purpose and intent of Bill No 230 and recommends it pass first reading. kk Respectfully submitted, COMMITTEE ON FINANCE 0�% ". - - DENNIS "FRESH" ONISHI, CHAIR FC REPORT NO 167 ADOPTED. AYES NOES A&E EX ENRI UES X FORD X GREENWELL X HOFFMANN X IKEDA X NAEOLE-BEASON X ONISHI X YAGONG X YOSHIMOTO X Respectfully submitted, COMMITTEE ON FINANCE 0�% ". - - DENNIS "FRESH" ONISHI, CHAIR FC REPORT NO 167 ADOPTED.