HomeMy WebLinkAboutCOM 0600.006 2012-2014 COUNTY CLERK
RUDELE COUNTY 9F HAWAII
U LE : DE LIMA
ZOIq APR 30 PHAIR
Os AT LAW
April 30, 2014
Chairman Yoshimoto, Finance Chair Poindexter, and Members of the Council
Hawaii County Council
County Building
Hilo, Hawaii 96720 Council Meeting May 1,2014: Opposition to Bill 181
Dear Chairman Yoshimoto, and Members of the Council:
I am Brian De Lima and I am an attorney representing Kamaaina Pumping, Inc. I previously provided
testimony in opposition to Bill 181 at finance committee hearings held on April 15, 2014, March 18,
2014, and February 18, 2014. I am again submitting testimony in opposition to Bill 181.
From the inception that this bill was proposed, I have continuously asked, "what problem exists for
which the proposed legislation is attempting to cure/resolve", and to date no specific problem or
systemic situation has been identified.
The existing ethics provision which has been in place for nearly 40 years includes provisions that
provide for when the County may contract with a business in which an officer or county employee has a
controlling interest. The provision requires conformance to sealed bidding, notice to the county ethics
board, however, it prohibits a contract with a person or business which 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.
I have noted that this is consistent with federal ethics laws and ethics laws in other states and
municipalities. The provision of Bill 181 goes too far in its broad prohibition. Proponents of the
revision should provide an example of where such legislation has been enacted.
To prohibit County employees from ever contracting with the County of Hawaii by competitive bid
process for a contract for which they have not participated nor directly concerned is unnecessary and
discriminatory. A broad prohibition will expose the County to unnecessary liability, especially when
federal and other governmental restrictions do not go as far as the proposal of Bill 181. The proposed
amendments are not designed to address nor cure any specific conduct or incident.
Bill 181 should be filed as the existing laws have proven more than adequate to protect the public
interest.
Sine, ely,
IA J. EL A
Enclosure: Previous testimony ��
Comm: N r!C.�l1��'t
Ref. To:
Ref. Date MAY 0 1 2014
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