HomeMy WebLinkAboutBIL 037 Draft 03 2014-2016COUNTY OF HAWAPI
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 37
(DRAFT 3)
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 15, OF THE HAWAUI
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO THE CODE
OF ETHICS.
RE IT ORDAINED BYTHE COUNCIL OF THE COUNTY OF HAWAUI:
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:
a"•Agene}'' means tem office department. board. commission, or tether governmental
unit of (he exeeub— legiskake branches of the County, but dees out include
,.d the County of Hawaii and anv other governmental unit of
the Count=."
SECTION 2. Chapter 2, article 15, section 2-82 of -tic 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,
nrandchildren, or parents; spouse's children. i;mndchildren, or parents; or children's'
spouses."
SECTION 3. Chapter 2, article 15. section 2-83 of the I lawai'i 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 rise 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 rise 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.
Using County tim
(4)1(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.
[(3)](4) Using County property, facilities, equipment, time, or personnel for
private business, campaign purposes, or for anv purpose other than for a
public (aetivit) o ] purpose.
(c) No officer or emplovee, or any business in which an officer or_emplovee or the
officer or emplovees' immediate familv has a controlling interest, shall contract (or
goods or services of a value in excess of $50,000 with any County agenev.
[(01(d) Nothing herein shall be construed to prohibit an officer from introducing bills and
resolutions, serving on committees or front making statements or taking action in
the exercise of the officer's legislative functions. Every olTicer 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 I-lawai i 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 otTiccr or employee has a
substantial financial interest:
(2) A private undertaking in which the officer or employee is engaged as Iegal
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) No o ffleer of employee shallv.s ,! any peFsan(if -4; sin, orA •,-�er;n-a0
dip( .
,ll U.... `ffie.1... ..« business
eapiteity fe« a fee or other eompe.sa fie to secure passage of . bill OF toobtain
erim ...r claim or oth ��. ......� ... .� .. �...... .. :.. ..6:..L th'. AL..... of ..mol.......
has participated or will pai4ie pate as m ..fill..« .. oRiplayee, F shall the 4Fe...
or empla. ,.,.....silt an person or business of actin a «epre.entati e capacity per ..
fee OfO .....
hef e..nSat',... On .. ..6 hi ., e,...,]F....4 Elaiffl, .F .n'6..« F .... ,.Y.... ...
proposal before the c g
of agency of . L:eh that personis an employee ,.
'.lam"`.
«J eulplf)�e shall asse..ype«eel, or bus .n -ss or act n"cprcicflifltr:c
capacity befia.e . County ..envy f,.« . Pee OF 011IRF le« ,'.... onan) l.'11,
seeiien 2 91 ll
(c) No officer or employee shall represent private interests in any leeal action or
proeeedin,, mgamst the Countv or appear on behalf of private interests before anv
agency, except as otherwise provided by law; provided:
(�1 'Phis prohibition shall not apply to a County cmplovcc or officer who is an
architect, landscape architect, surveyor, or engineer registered as such under
the provisions of chapter 464. I Iawai'i Revised Statutes with respect to the
affixing, by such registered professional of such person's registered stamp to
anv 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 pers'on'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 emptovec shalt be denied the right to appear before any agenev
to petition for redress of grievances caused by any official act or action
affecting such person's personal rights, privileges, or property, including real
propertv.
f� Notwithstanding anv 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 no ] may enter into [any] a contract involving services or
property of a value [iH excess] in the amount of [$1-0.00B] $50.000 or less 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 or the officer or
emplovee's immediate family has a controlling interest, [unless] provided:
(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 Comity agency shall not enter into a contract with any person or business which
is represented [ef as isted personally is the matter] by a person who [has -keen] 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 concemed[-] or who personally narticiPated 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.
IN'fR0 U � BY:
I
COUNCIL MEMB , COLNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 231.14