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Home My WebLink AboutBIL 181 Draft 01 2012-2014OFFICE INFORMATION ONLY Meeting: Council - May 1, 2014 Action: Filed due to vote count of 4 ayes (Eot7; Kanuha, Poindexter. Wille), 4 noes (Ford, Ilagan, Kern, Onishi) and 1 absent (Yoshimoto). Re: Bill 181, Comm, 600 (2012-2014 term); FC -154 COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. 181 AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 15, 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. Purpose. The purpose of this ordinance is to make amendments to the County Code of Ethics to provide for (1) a comprehensive definition of "agency", (2) the prohibition against County employees and companies in which a County employee has a controlling interests from contracting with the County, (3) the prohibition against any County agency contracting with a County employee or a company in which the County employee has a controlling interest, and (4) the banning of County employees from representing third parties who appear before County agencies unless specifically authorized by ordinance. SECTION 2. Chapter 2, article 15, section 2-82 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended by amending the definition of "agency" to read as follows: ""Agency„ means [any effiee, de ...Fment) b e ..a7 ) athef o o IILGLIl „ unit efthe e�Eeettive of legislative br-a-nehes of G,,, nty, blit deer ��c* in eluNde U � 1lAV ] and ineludes : (1) the Count of Hawaii; (2) the council and its committees; (3 a) ll departments, offices, boards, commissions, committees; (4 independent commissions and other similar establishments of the County government; and (5) any other governmental unit of the County." SECTION 3. Chapter 2, article 15, section 2-83 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 2-83. Fair treatment. (a) Officers and employees of the County, while discharging their duties and dealing with the public, shall adhere to the following precepts: (1) All public property and equipment are to be treated as a public trust and are not to be used in a proprietary manner or for personal purposes without proper consent. (2) No person in a supervisory capacity shall engage in personal or business relationships with subordinates, which might intimidate said subordinates in the discharge of their official duties. (3) All persons shall be treated in a courteous, fair and impartial manner. (b) No officer or employee shall use or attempt to use the officer's or employee's official position to secure or grant unwarranted privileges, exemptions, advantages, contracts, or treatment, for oneself or others; including but not limited to the following: (1) Seeking other employment or contract for services for oneself by the use or attempted use of the officer's or employee's office or position. (2) Accepting, receiving, or soliciting compensation or other consideration for the performance of the officer's or employee's official duties or responsibilities except as provided by law. (3) Using County time, equipment or other facilities for private business or campaign purposes. (4) Soliciting, selling, or otherwise engaging in a substantial financial transaction with a subordinate or a person or business whom the officer or employee inspects or supervises in the officer's or employee's official capacity. (5) Using County property or personnel for other than a public activity or purpose. U No officer or employee, or any business in which an officer or employee or the officer or employees' spouse or dependent children has a controlling interest, shall contract for goods or services with any Countyagency. [(efl(d2 Nothing herein shall be construed to prohibit an officer from introducing bills and resolutions, serving on committees or from making statements or taking action in the exercise of the officer's legislative functions. Every officer shall file a full and complete public disclosure of the nature and extent of the interest or transaction which the officer believes may be affected by legislative action." SECTION 4. Chapter 2, article 15, section 2-84 of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 2-84. Conflicts of interests. (a) No officer or employee shall take any official action directly affecting: (1) A business or other undertaking in which that officer or employee has a substantial financial interest; (2) A private undertaking in which the officer or employee is engaged as legal counsel, advisor, consultant, or representative, or other agency capacity; or (3) A business or undertaking in which the employee knows or has reason to know that a brother, a sister, a parent, an emancipated child, or a household member has a substantial financial interest, provided that the financial interests of these individuals shall not include those of any spouse or child. A department head who is unable to be disqualified on any matter described in items (1), (2) and (3) above will not be in violation of this subsection if the department head has complied with the disclosure requirements of section 2-91.1. A person whose position on a board, commission, or committee is mandated by statute, charter, code or resolution to have particular qualifications shall only be prohibited from taking official action that directly and specifically affects a business or 2 undertaking in which that person has a substantial financial interest; provided that the substantial financial interest is related to the member's particular qualifications. (b) No officer or employee shall acquire financial interests in any business or other undertaking which that officer or employee has reason to believe may be directly involved in official action to be taken by the officer or employee. [( ) N f'f or-employee sh llassist any per-son rbusinessor- e4 , ^ o atu4i. L\u v a. t-r-Efflsaefi -n involNing the County. eapaeity fer- a fee er- et-her- eempensation to seeere passage ef a bill or- to obtain a haspaffieipated or- will pffi4ieip e--AQs -Aft e€fieefereWleyee, nof shall the e flee. feeor-ether- -sempexsaaon on stieh bill, eontraor- other transaetion of pi"Y e'sal—before the ...n.it .. :b^.: jof .hie tha4 employee .,f ffieer. eapaeity -v bill, cvrrcrucc, crush',vro•crreTcrarraccccrorr- or- Zirepe%r iir`v'arv'iizg effieial ,,,....en by t.,.. 4-1-n-less- 4b, f iceror- ,•,lege^ has a ,.li^.1 with the .liselesufe requirements 4 oeti..,-, 7 91 .1 .] (c) No officer or employee shall represent private interests in any action or proceeding against the interests of the County or appear on behalf of private interests before any agency, excgpt as otherwise provided by law; 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 serves; provided further, that no officer or employee shall be denied the right to appear before any agency to petition for redress of grievances caused by any official act or action affectingsch person's personal rights, privileges, or property, includingproperty. This prohibition shall not appl to o any architect, landscape architect surveyor, or engineer registered as such under the provisions of Hawaii Revised Statutes, chapter 464, who is a County employee or officer, with respect to the affixing by such registered professional of such person's registered stamp to any plans, specifications, drawings, etc., to be submitted to the County for permits for such person's principal residence or that of members of such person's immediate family; 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 otherwise act upon the plans, specifications, drawings, etc., such person has stamped. For the purposes of this section, "immediate family" means the employee's or officer's spouse, siblings, children or parents; spouse's children or parents, or children's spouses." SECTION 5. Chapter 2, article 15, section 2-85, of the Hawaii County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 2-85. Contracts. 1 f $10,000 � d 4 a o f cv�rvcarc-vr-o'rsp$��'��rg�^o^vccS—^vr "J�� :..,.,�, .,. eonstf:uetien, with an efiiE empleyee, of a busifiess in which an offieer- ,.l.lie p t ...�.lo. 0 0v,� (3) The ...,,....y stn a efiee „f its in4enl to awafd the „t, „t ,1 files of the not . with the Get ty beard of ethics at least to„ days befi)r-e th (h)] 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 County office or employment in the matter with which the contract is directly concerned." SECTION 6. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 7. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, 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 8. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 600 4