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Home My WebLink AboutCOM 0758.007 2008-2010 Yoshimoto, J CO M M 75(3 P/COUNCTL From: Debbie Hecht [hecht.deb @gmail.com] Sent: Monday, October 18, 2010 8:53 AM r-� To: Ford, Brenda; DKailiwaiRay(Debralee); enaeole; Roxanne Hampton (RJ) Enr f dikeda; J S Yoshimoto; Dominc Yagong; Igahi; donishi; Greenwell, Ke }1y; -Dave) iirt; Pete Hoffman :r Subject: Bill 230- Code of Ethics- proposed changes October 17, 2010 z RE: Bill 230- Changes to Code of Ethics I have several suggestions as to language of Bill 230: 1. The term "immediate family" as defined at the end of Section 2 -84 -c would be better placed in Section 2 -82. The definition should then be deleted from Section 2 -84 -c. 2. Section 2 -83 -c should include "immediate family" as part of the named entities that shall not contract for goods or services. 3. Section 2 -84c- is very confusing and should be re- written to be more clear. Just because it's part of the County of Honolulu's code doesn't mean that it's legal. See below for proposed substitution language *. 4. Section 2 -85 Contracts: Why was (a) deleted? I would reinstate (a) and expand the notice requirements in (3), so that (3) would read: The agency posts a notice of its intent to award the contract and files a copy of the notice with the county Board of Ethics and the County Council 10 days before their next meetings. The Board of Ethics and the County Council must approve the contract before being awarded. 5. In rewriting this section, I wondered does the county of Hawaii have a Whistleblower Policy to protect employees who risk their jobs by pointing out illegal contracts or misuse of county funds or assets? If not, I would suggest that the Board of Ethics review suitable policies to be included in the Code. Mahalo- Debbie Hecht 989 -3222 hecht.deb @gmail.com *Proposed substitution language: For purposes of discussion, I broke the proposed language for Section 2 -84 Conflicts of Interests (c) into 6 separate clauses, Bill 230 proposed language is in italics, my comments are in CAPS, and the proposed substitution language is noted. The entire proposed substitution paragraph is at the end of this writing. 1. LANGUAGE PROPOSED BY BILL 230: No officer or employees shall represent private interests in any action or proceeding against the interests of the County or appear in behalf of private interests before any agency as except as otherwise provided by law: I BELIEVE THIS MEANS THAT NO COUNTY EMPLOYEE OR OFFICER CAN APPEAR BEFORE ANY BOARD OR COMMISSION OR BEFORE THE COUNTY COUNCIL TO TESTIFY AGAINST THE COUNTY. AS OF THE END OF 2008, THE COUNTY EMPLOYED 2,705 PEOPLE (FROM THE HAWAII COUNTY DATA BOOK, TABLE 11.16 HAWAII COUNTY'S TOP EMPLOYERS: 2008). THIS MEANS THAT 2,705 PEOPLE MAY NOT HAVE A VOICE IN COUNTY GOVERNMENT. IS THIS A FIRST AMENDMENT VIOLATION OF THE RIGHT TO FREE SPEECH OF THE US CONSTITUTION? Comm. No. ! o • 7 Ref. To: ( GpLU't CiI 1 Ref. Date OCT 2 0 nag Proposed change to this language: Officers of the county and employees may represent their own interest in any action or proceeding for or against the interests of the County or appear on behalf of private interests before any agency without fear of repercussion. The County of Hawaii Whistleblower Policy is contained in Chapter _, Section of the Hawaii County Code. 2. LANGUAGE PROPOSED BY BILL 230: Provided however that a member of any board, commission or committee may appear on behalf of private interests before agencies other than the board commission or committee on which such person services, Proposed change to this language: A member of any board, commission or committee may appear on behalf of private interests before agencies and the county council but they may not represent their own interests before a board, commission or committee on which they sit. 3. LANGUAGE PROPOSED BY BILL 230: Provided further, that no officer or employee shall be denied the right to appear before any agency to petition for redress of grievances can used by any official action or action affecting such persons personal rights, privileges or property, including real property. Proposed change to this language: DELETE all, covered in #1. 4. LANGUAGE PROPOSED BY BILL 230: This prohibition shall not apply to any architect, landscape architect, surveyor engineer registered as such under the provisions of Hawaii Revised Statutes, chapter 464, who is a county employee or officer, with respect to affixing by such registered professional of such person's registered stamp to any plans, specifications, drawings, etc. to be submitted to the County for such person's principal residence or that of member of such person's immediate family; Proposed change to this language: Remain the same. 5. LANGUAGE PROPOSED BY BILL 230: Provided that the stamp is accompanied by a signed statement that the work was prepared by the person stamping the document or under such person's supervision and provided further that the registered professional may not in the capacity of a county employee or officer, review, approve or other wise act upon the plans, specifications, drawings, etc, such person has stamped. Proposed change to this language: Remain the same 6. LANGUAGE PROPOSED BY BILL 230: For the purposes of this section, "immediate family" means the employee or officer's spouse, siblings, children or parents, spouse's children or parents or children's spouses. Proposed change to this language: Delete from this area and put in Definitions: Chapter 2, article 15, section 2 -82 Article 15, Section 2 -83 of the Hawaii County Code. "Immediate family" means the employee or officer's spouse, siblings, children or parents, spouse's children or parents or children's spouses. The following paragraph would replace Chapter 2, Article 15, Section 2 -84- Conflicts of Interest (c) and add additional clauses to Bill 230: (c) Officers of the county and employees may represent their own interests in any action or proceeding for or against the interests of the County or appear on behalf of private interests before any agency without fear of repercussion. The County of Hawai'i Whistleblower Policy is contained in Chapter , Section _ of the Hawaii County Code. (d) A member of any board, commission or committee may appear on behalf of private interests before agencies and the county council but they may not represent their own interest before a board, commission or committee on which they sit. (e) This prohibition shall not apply to any architect, landscape architect, surveyor engineer registered as such under the provisions of Hawaii Revised Statutes, chapter 464, who is a county employee or officer, with respect to affixing by such registered professional of such person's registered stamp to any plans, specifications, drawings, etc. to be submitted to the County for such person's principal residence or that of member of such person's immediate family; 2 (f) Provided that the stamp is accompanied by a signed statement that the work was prepared by the person stamping the document or under such person's supervision and provided further that the registered professional may not in the capacity of a county employee or officer, review, approve or other wise act upon the plans, specifications, drawings, etc, such person has stamped. (g) A county agency shall not enter into a contract with any person or business which is represented or assisted personally in the matter by a person who has been an employee of the agency within the preceding two years and who participated while in the County office or employment in the matter which the contract is directly concerned. Debbie Hecht Kailua Kona, HI (808) 989 -3222 www.dhecht.com 3