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HomeMy WebLinkAboutCOM 0231.005 2014-2016Margaret Wille ro, ,, Phone No. Hilo'. (808)961-8027 Council Member .P (C' Phone No. Waimea: (808) 887-2043 Disco 19 ,, ,h ,d South Kohol, w Fax No. (808)887-2072 C.-Mail: mwillefico.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawaii flaw,;, C,unry lh ilding l(,lomu, Ceaer Itis l/moa, , [';vie C'rnav Bldg. -1 25 dupuni Slreel 64-1067 Mamalahoa Highway. Suite ( 5 7{-5044,1,, Rbohukal,le If,,, Hila. Ha.,, , 96730 Waimea llawai, 96743 K,ihm-.Corea Haw M-40 On Cp TO: Dru Mamo Kanuha, Council Chair and Members of the Ilawai`i County Council i r> FROM: Margaret Wille, Council Members 3=m W v� DATE: May 21, 2015 N SUBJECT: Proposed Amendment to Bill No. 37; Relating to the Code of Ethics. Please find attached proposed amendments to Bill No. 37. The amendments would amend SECTIONS 3, 4, and 5 of the bill. The proposed amendments are illustrated below by Ramseyer format with respect to the contents of Bill No. 37 (material to be deleted is bracketed and stricken, material to be added is underscored): 1. SECTION 3 of Bill No. 37 is amended as follows: `SECTION 3. Chapter 2, article 15, section 2-83 of the Hawaii Comity 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 arc 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 shalt 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: Comm, No.—��,—�—� Serving the Interests of the People of Our Island Rpf. To: (—L IlawaN County Is An Equal Opportunity Provider And Emplover Ref. Date JUN 02 7015 May 21, 2015 Page 2 of 7 (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 /r�2�� responsibilities except as provided by law. time,Using County equipmei4 or- other- f4eilities for- LL VUJllless of ] [(4)](3) 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. [(S)](4) Using County property, facilities, equipment, or personnel forrip vate business, campaign purposes, or for any purpose other than for a public [ae-tivity er] purpose. [Notwithstandingthis+hat el,ulR r County f 14ai'i empteyeesfnay ttse Count), pr-epet4y for- a oot:r, pfevrded that when a e . .- i ca 4idate is invitedto attend,equal t: � o shall b 11 ++ .1 to 11 opposing .,did tes fes. the same „ff ee.] (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 of a value in excess of $50,000 with any County agency[,&ieept b resolution appr-oved by two tl ifds of the „tiro member -ship ,.:1]. vif the uivv�....v [W](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." 2. The portion of SECTION 4 of Bill No. 37 that amends subsection 2-84(a) is amended as follows: "(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 May 21, 2015 Page 3 of 7 undertaking in which that person has a substantial financial interest; provided that the substantial financial interest is related to the member's particular qualifications." 3. SECTION 5 of Bill No. 37 is amended as follows: "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 [$0:000] $50,000 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: [appfaved by the eouneil r-eseltitioneeif ,iflg the o ployffion+ status of the „fr;,.er of employee involved.] (1) The contract is awarded by competitive sealed bidding pursuant to the state public procurement code; (2) The contract is awarded by competitive sealed proposal pursuant to the state public procurement code; or (3) The agency posts a notice of its intent to award the contract and files a copy of the notice with the County board of ethics at least ten days before the contract is awarded. (b) A County agency shall not enter into a contract with any person or business which is represented by a person who was 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 the agency." A draft copy of Bill No. 37, Draft 2, is attached with the amendments incorporated therein. Thank you. M W/dh Att. May 21, 2015 Page 4of7 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 [an), effiee, depaAment, board, nother- govemmental + F legislative b f the t., b t does of eh to unix-v�tl�e-Xcccrti��C-v��rai�C�ic�—or--crrc�6 County, ......., subdivisions of depaitme t.] 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. May 21, 2015 Page 5 of 7 (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—tip eq ent of other-acilities € f pfivate business Of (4)](3) 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}](44) Using County property, facilities, equipment, or personnel forrip vate business, campaign purposes, or for any purpose other than for a public purpose. (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 of a value in excess of $50,000 with any Countyagency. [(c -)](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. May 21, 2015 Page 6of7 f(e) No of-fieer or empleyee shall assist an), per -son or business or- aet in a le t,-.,, saetio involving the County. eont t 1 or-th t do of pfopos.,l in , hieh the offiee f of employee h rt' + rl or iwill ....t;. .,to as an off;, or -o .,1 ee not shall the off ee or employee assist any per -son or- business or- aet in a repr-esentative eapaeity th eempensalien on stieh hill „tfaet elaim, of tL t...,. saetion Of offieef. (e) No offleer- or- employee shall assist any pefson of business or aet in a fepr-esentative eapaeity before a County ageney for- a fee of othef eonsidefa4ioa on any bill, ean+ t elaim, of th t t' of pfopos.,l involving off;e;al etion by the ageney if the offieer of employee has offleial author -it), ever- that County ageney tin1ess the ff'eer of employee has eemplied with the thiel. ,brie fequifements of seetion 2 91.1.] (c) No officer or employee shall represent private interests in any legal action or proceeding against the County or appear on behalf of private interests before any agency, except as otherwise provided b law; aw; provided: This prohibition shall not apply to a County mployee or officer who is an architect landscape 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 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 any agency to petition for redress of grievances caused by official act or action affecting such person's personal rights privileges, or property, including real property. 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." May 21, 2015 Page 7 of 7 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 [$0;000] $50,000 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: (1) The contract is awarded by competitive sealed bidding pursuant to the state public procurement code; (2) The contract is awarded by competitive sealed proposal pursuant to the state public procurement code; or (3) The agency posts a notice of its intent to award the contract and files a copy of the notice with the County board of ethics at least ten days before the contract is awarded. (b) A County agency shall not enter into a contract with any person or business which is represented [or- assisted per-so,,ally it the matte"] by a person who [la beer] was 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 the agency. " 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.