HomeMy WebLinkAboutBIL 037 Draft 01 2014-2016COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 37
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. 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 office, dept be r- "cam other- eenta
unit -e€— the —2xccm-rve orzlegislative brarrcrre.Tvr-the County, but does
subdivisions of depaAment.] the County of Hawaii and any other governmental unit of
the County."
SECTION 2. Chapter 2, article 15, section 2-82 of the Hawaii County Code 1983 (2005
Edition, as amended), is amended by adding a new definition to be appropriately inserted and to
read as follows:
"Immediate family" means the employee's or officer's spouse siblings, children,
grandchildren or parents-, spouse's children grandchildren or parents; or children's
spouses."
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. Notwithstanding this provision a union that includes Countyoof
Hawaii employees may use County property for a meeting, provided that
when a campaign candidate is invited to attend equal time shall be allotted
to all opposing candidates for the same office.
(c) No officer or employee or any business in which an officer or employee or the
officer or employees' immediate family has a controlling interest, shall contract for
goods or services with any County agency, except by resolution approved by two-
thirds of the entire membership of the council.
[(01(d) 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
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.
[(e) NE) offleef or- employee shall assist any per -son or- business or- aet in a fepfesentative
* tion involving the !`ounl ,
(d) No offieer- or- empleyee shall assist any per -son or- busines. a repr-esentative
eapaeity for a fee or other- eempensation to seetir-e passage of a bill or- to obtain a
o
+ t 1, l 1,' 1, the off eer- ,�leyee
> elaim, tr r
1 r i4 r ♦ rl i t• •11 «, nto off:. shall the o.
employee, or-
or- employee assist any per -son of business or aet in a r-epr-esentative eapaeity for- a
ff:
i
Ve or- other- eempeisiti'on ear -sue bill, eentm t, elaim, t1. transaetion Of
effieen
(e) No offieer- of empleyee shall assist any pefsen or- business or- aet in a r-epr-esentative
eapaeity before a County ageney fef a fee or- other- eonsider-ation an any bill,
eontr-aet, elaim, of other- transaction of proposal involvingoffeinl et'vil b the
unlessageney if the offieer- or- employee has offieial author -it), ever- that County ageney
t1. offieer- or employee 1, „
mrlie with the disel„s„«o «o ents of
section z -x .1.]
Lcj No officer or employee shall represent private interests in any legal action or
proceeding against the Counter appear on behalf of private interests before any
agency, except as otherwise provided by law-, provided:
This prohibition shall not apply to a County employee or officer who is an
architect landscqpe architect surveyor, or engineer registered as such under
the provisions of chapter 464 Hawaii Revised Statutes, 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; and
No officer or employee shall be denied the right to appear before anya eg racy
to petition for redress of grievances caused by any official act or action
affecting such person's personal rights privileges,or property, including real
property.
3
(d2 Not withstanding any provision of this article to the contrary, 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."
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.
(a) A County agency shall not enter into any contract involving services or property of
a value in excess of $10,000 to procure or dispose of goods or services, or for
construction, with an officer, an employee, or a business in which an officer or an
employee has a controlling interest unless[.] gpproved by the council in a
resolution specifyingthe employment status of the officer or employee involved.
[CT7 The eentraet is awarded by competitive sealed biddingpur-suant to the oat
t u�e
\ /
The eontr-aet is awarded by eompetitive sealed proposal pur-suan4 to the s
(2)7 The b � posts ., t' f its „tot to af! the eontfaet �7 files �
of the n6tiE at least tori clays before tL o
contr-aet ; awarded.]
(b) A County agency shall not enter into a contract with any person or business which
is represented [ assisted personally in the ma4tor] by a person who was [las 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[.] or who personally participated in a decision making capacity
in similar matters before theagency. "
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. Phis ordinance shall take effect upon its approval.
tN'l RODUCED BY:
COUN II P.MBER, COUNTY OF IIAWAI`I
. Hawai'i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm 231