HomeMy WebLinkAboutCOM 0572.001 2010-2012 SY Oi
DOMINIC YAGONG cP N!��. Email: dyagong @co.hawaii.hi.us
Council Chairperson • • Phone: (808) 961-8264
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Hawai`i County Council
County of Hawai`i
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25 Aupuni Street
Hilo,Hawaii 96720 r
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February 22, 2012
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To: Members of the Hawai`i County Council
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From: Dominic Yagong, Chairperson t-AA
Subject: Proposed Amendments to Bill No. 183, An Ordinance Amending Chapter 2, Article 15,
Section 2-80.1 of the Hawai`i County 1983 (2005 Edition, As Amended), Relating to the
Code of Ethics
Please find attached proposed amendments to Bill No. 183. The proposed amendments are illustrated
below by Ramseyer format with respect to the contents of Bill No. 183 (material to be deleted is
bracketed and stricken through; material to be added is underscored).
Bill No. 183 is amended to read as follows:
"Section 2-80.1. Distribution of mass mailings prohibited during campaign.
(a) Newsletters, brochures, legislative summaries, or other mass mailings of material designed to support
a candidate's nomination, including electioneering communications as defined in section 11-341,
Hawai`i Revised Statutes, shall not be circulated at public expense by:
(1) An incumbent council member within six months prior to any County election, or after any
member has filed nomination papers, whichever comes first;
(2) Any current employee or official of the County within six months prior to any County election,
or after filing nomination papers, whichever comes first;
[(2)] (3) The incumbent mayor within six months prior to an election which the mayor may be re-
elected, or after the incumbent mayor has filed nomination papers, whichever comes first; or
[(3)] (4)The incumbent prosecuting attorney within six months prior to an election which the
prosecuting attorney may be re-elected, or after the incumbent prosecuting attorney has filed
nomination papers, whichever comes first.
This excludes public funds received by candidates from the Hawai`i election campaign fund,
pursuant to section 11-421, Hawai`i Revised Statutes.
Serving the Interests of the People of Our Island S 1
Hawai`i County Is An Equal Opportunity Provider And Employer COMM. No.
Ref. To C(31Jt ACA I
Ref. Dote F1 .:4,.2Q .,.,
February 22, 2012
Page 2 of 2
(b) Any violation of this section constitutes use of government funds for campaign purposes, and shall be
subject to any penalty, as authorized by law, including an administrative fine not to exceed $1,000,
for each violation, as the board of ethics may determine."
A draft copy of Bill No. 183, Draft 2, is attached with these amendments incorporated therein.
DY/bc
att.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 15, SECTION 80.1 OF THE
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE
CODE OF ETHICS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2, article 15, section 80.1 of the Hawai`i County Code 1983 (2005
Edition, as amended) is amended to read as follows:
"Section 2-80.1. Distribution of mass mailings prohibited during campaign.
[(a) No newsletters, brochures, legislative summaries, or other mass-mrailings of material
by an incumbent council member within six months prior to a County election, or after any
received by candidates from the Hawai`i election campaign fund, pursuant to section 11
217, Hawai`i Revised Statutes.]
(a) Newsletters, brochures, legislative summaries, or other mass mailings of material designed
to support a candidate's nomination, including electioneering communications as defined in
section 11-341, Hawai`i Revised Statutes, shall not be circulated at public expense by:
(1) An incumbent council member within six months prior to any County election, or after
any member has filed nominationpapers, whichever comes first;
(2) Any current employee or official of the County within six months prior to any County
election, or after filing nomination papers, whichever comes first;
(3) The incumbent mayor within six months prior to an election which the mayor may be
re-elected, or after the incumbent mayor has filed nomination papers, whichever comes
first; or
(4) The incumbent prosecuting attorney within six months prior to an election which the
prosecuting attorney may be re-elected, or after the incumbent prosecuting attorney has
filed nomination papers, whichever comes first.
This excludes public funds received by candidates from the Hawai`i election campaign fund,
pursuant to section 11-421, Hawai`i Revised Statutes.
(b) Any violation of this section constitutes use of government funds for campaign purposes,
and shall be subject to any penalty, as authorized by law, including an administrative fine
not to exceed $1,000, for each violation, as the board of ethics may determine."
SECTION 2. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance, is held invalid, such 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 ordinance are to be severable.
SECTION 3. Material to be repealed is bracketed and stricken. Material to be added is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 4. This ordinance shall take effect upon its approval.
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