HomeMy WebLinkAboutORD 2012-043 2010-2012COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 183
ORDINANCE NO. 12 43 (DRAFT 2)
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 mailings of material
•
by an incumbent council member within six months prior to a County election, or after any
member has filed nomination papers, whichever comes first. This excludes public funds
•
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 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;
(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.
INTRODUCED BY:
COUNCIL MEMBER,O,U(TY OF HAWAI`I
Hilo, Hawai`i
Date of Introduction: February 15, 2012
Date of 1st Reading: February 15, 2012
Date of 2nd Reading: March 9, 2012
Effective Date: April 2, 2012
Kit ElEtiCht Calm 572.3
2
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
OFFICE OF THE COUNTY CLERK
County of Hawai`i
Hilo, Hawai`i
Dominic Yagong
February 15, 2012
February 15, 2012
February 25, 2012
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS:
March 9, 2012
March 19, 2012
April 2, 2012
April 2, 2012
April 10, 2012
-ar ,mod Di_
20f2 ,`.,F, -2 pi°1 14: 19
ROLL CALL VOTE
AYES
NOES
ABS
EX
Blas
X
Ford
X
Hoffmann
X
Ikeda
X
Onishi
X
Pilago
X
X
Smart
X
Yagong
X
Yoshimoto
X
9
0
0
0
Draft 2)
ROLL CALL VOTE
AYES
NOES
ABS
EX
Blas
X
Ford
X
Hoffmann
X
Ikeda
X
Onishi
X
Pilago
X
Smart
X
Yagong
X
Yoshimoto
X
8
0
1
0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the ounty Council published as
indicated above.
APPROVED AS TO
FORM ARID LEGALIT
DEPUTY CORPOR
COUNTY OF HAWAI'I
3 %1)//`,2
Date
ION COUNSEL
roved/ %isapproved this
MAYOR, COUNTY OF HA WAI `I
day
COUNCIL CHAIRP O
Nerittoteor
UNTY CLERK
Bill No.:
Reference:
Ord No.:
183 (Draft 2)
C- 572.3 /Waived FC
1.2 43