HomeMy WebLinkAboutCOM 0085.000 1996-1998 - -
s?"'~"'"y~ Board of Ethics RECE!`JFD
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25 Aupuni Street, Rm. 215 Hilo, Hawaii 96720
COUNTY CLcF,K
COUNTY OF HAWAII
January 6, 1997
The Honorable James Arakaki
Council Chairman
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Dear Chairman Arakaki:
Re: Proposed Ordinance to Amend Chapter 2, Article 15,
Section 2-86, Hawaii County Code 1983, Relating to
Informal Advisory Opinions
Section 14-5 (f) of the Hawaii County Charter authorizes
the Board of Ethics of the County of Hawaii to propose revisions
to the county's Code of Ethics which are not inconsistent with
the charter. The Board of Ethics, at its meeting of December
11, 1996, approved the attached bill proposing revisions to
§2-86, Hawaii County Code, relating to informal advisory
opinions rendered by the Board of Ethics.
The proposed amendments to §2-86, Hawaii County Code, would
implement the following changes to the Code of Ethics:
1. Establish a six-year statute of limitations for a
member of the public, or the Board itself, to file a petition
alleging a violation of the Code of Ethics by a County officer
or employee. This six-year statute of limitations would not bar
proceedings against any person who, by fraud or other device,
prevents the discovery of a violation of the Code of Ethics.
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12sY, Date 0 9 riJ97,
Honorable James d. kaki
January 6, 1997
Page 2
2. Allows any County officer or employee to recover costs
and attorney's fees from any person who has filed a petition
which has been deemed to be frivolous by the Board of Ethics.
Upon request, the Board shall determine whether a petition it
has rejected is frivolous. The Board shall find a petition to
be frivolous if the petition is manifestly and palpably without
merit so as to indicate bad faith on the petitioner's part.
Within one year after the Board has rendered its decision, the
officer or employee named in the frivolous petition may initiate
an action in circuit court for the recovery of fees and costs
incurred in proceedings before the Board and any fees and costs
incurred in the recovery of such fees and costs.
3. Amends §2-86 to comply with §13-20 (b) of the Hawaii
County Charter which requires that all meetings of the Board
shall be open to the public unless the Board votes to hear a
petition in closed session because personal matters affecting
the privacy of an individual are to be considered and the
individual involved had requested the closed session.
4. Replaces gender specific language with gender neutral
language.
The Board requests that the attached bill be introduced and
considered by the County Council.
Sincerely,
BOA/RD/~_O//F-- ETHICS, COUNTY OF HAWAII
AILEEN LUM, hair
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