HomeMy WebLinkAboutORD 1996-069 1994-1996• '( oy. ,,
COUNTY OF HAWAII ;.<` STATE OF HAWAII
BILL NO. 256
(Draft 2)
ORDINANCE NO. 96 6 9
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 15, SECTION 2 -91.2, HAWAII
COUNTY CODE 1983, RELATING TO THE POST - EMPLOYMENT OF FORMER
COUNTY OFFICERS AND EMPLOYEES.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2, Article 15, Section 2 -91.2, Hawaii County Code 1983, is
amended to read as follows:
"(a) No former officer or employee shall disclose any information which by law is
not available to the general public and which the officer or employee acquired in
the course of his or her official duties, nor shall the former officer or employee
use such information for his or her personal gain or for the benefit of any other
person. A former officer or employee may, however, disclose such information if
requested by authorized governmental personnel, for official purposes.
(b) No former officer or employee shall, within twelve months after the termination
of his or her employment or term of office with the County, assist and /or
rel2rese any person or business or act in a representative capacity for a fee,
compensation, or other consideration, or otherwise act for his or her own personal
economic gain, in relation to any specific case, proceeding, contract, application,
or pending legislation with which the former officer or employee, in the course of
his or her official duties with the County:
(1) Had been directly concerned;
(2) Had under active consideration; or
(3) Had obtained information which by law is not available to the general
public.
A former officer or employee may, however, assist a governmental entity
in relation to such matters if requested by authorized governmental personnel for
official purposes.
(c) Nothing in this section shall prohibit any agency of the County from contracting
with the former officer or employee to act on matters on behalf of the County.
(d) Any fee, gift, profit, or other compensation received by a former officer or
employee in violation of (a) or (b) above shall be forfeited to the County. The
corporation counsel is authorized to take all measures necessary to recover such
compensation.
(e) In addition to any other penalty provided by law, whenever any former officer or
employee has obtained, or assisted any other person to obtain, favorable County
action and the former officer or employee violated (a) or (b) above in the course
of the obtaining of such action, the County may void such action, provided that
the County shall act to void the action within sixty days of its discovery of the
violation and shall, insofar as possible, avoid damaging the interests of innocent
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third parties.
(f) The board of ethics is hereby empowered to receive petitions from, and
render informal and formal advisory opinions to [, ]
W Former officers or employees who request advisory opinions regarding
their own conduct in relation to this section. A former officer or employee whose
employment may violate the provisions of this section shall request an informal
advisory opinion from the board prior to accepting or engasting in such
employment: or
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W A former officer or employee shall not be deemed in violation of this section with
respect to conduct which conforms to an advisory opinion of the board, and none
of the sanctions of this section may be applied to such conduct."
SECTION 2. 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 3. If any provision of this ordinance, or the application there of to
any person or circumstances, is held invalid, such invalidity shall 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 ordinance are declared to be severable.
SECTION 4. This ordinance shall take effect upon its approval.
D BY:
OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
May 13, 1996
May 13, 1996
June 3, 1996
June 12, 1996
.QM —OVED as to
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CORPORATION COUNSEL/
COUNFY OF HAWAII
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Date—