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HomeMy WebLinkAboutCOM 0231.015 2014-2016Margaret Wille Council Member District 9 - North and South Kohala Hawaii County Building 25 Aupuni Street Hilo, Hawaii 96720 HAWAII COUNTY COUNCIL County ofHawai'i Holomua Center 64-1067 Mamalahoa Highway, Suite C-5 Waimea, Hawaii 96743 Phone No. Hilo: (808) 961-8027 Phone No. Waimea: (808) 887-2043 Fax No.: (808) 887-2072 E -Mail: mwille@co.hawaii.hi.us West Hawai 'i Civic Center Bldg. A 74-5044 Ane Keohokalole Hwy. Kailua-Kona, Hawaii ,96740 Please find attached proposed amendments to Bill No. 37, Draft 3. The proposed amendments are illustrated below by Ramseyer format with respect to the contents of Bill No: 37, Draft 3 (material to be deleted is bracketed and stricken, material to be added is underscored): 1. SECTION 3 of Bill No. 37, Draft 3 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 (b) 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. 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. � Comm RO; � I�lS Ref. To: �w ��f note 1; � 9t1�K Serving the Interests of the People of Our Island Hawaii County Is An Equal Opportunity Provider And Employer TO: Dru Mamo Kanuha, Council Chair and Members of the Hawaii County Council cr a FROM: Margaret Wille, Council Member90 n DATE: September 15, 2015 C,— -- SUBJECT: Proposed Amendments to Bill No. 37, Draft 3; Relating to the Code of Ethics. Please find attached proposed amendments to Bill No. 37, Draft 3. The proposed amendments are illustrated below by Ramseyer format with respect to the contents of Bill No: 37, Draft 3 (material to be deleted is bracketed and stricken, material to be added is underscored): 1. SECTION 3 of Bill No. 37, Draft 3 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 (b) 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. 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. � Comm RO; � I�lS Ref. To: �w ��f note 1; � 9t1�K Serving the Interests of the People of Our Island Hawaii County Is An Equal Opportunity Provider And Employer September 15, 2015 Page 2of8 (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) 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. (4) Using County property, facilities, equipment, time, or personnel for private business, campaign purposes, or for any purpose other than for a public purpose. (c) , or- any business in whieh an offieer- or- employee or- t offieer- or- employees' immediate family has a eontrelling interest, shall eentraet for.- •] An officer or employee of the County, or a business in which an officer or employee or the officer or employee's immediate family has a controlling interest, may contract for goods or services with any County agency provided that the nature of the relationship between the officer or employee and the Countyis provided in full disclosure to the agency seeking goods or services as part of the bid for a contract or reponse to a request for proposals. A contract shall be void if an officer or employee fails to provide the required disclosure in a timely manner or if the disclosure does not fully and clearly provide the nature of the relationship between the officer or employee and the County. (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. SECTION 5 of Bill No. 37, Draft 3 is amended to read as follows: "Section 2-85. Contracts. a. "A County agency may enter into a contract involving services or property [of a value in the amount f $50,000 �] or 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 employee's immediate family has a controlling interest, 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; [er] (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 [teen] sixty days before the contract is awarded[...] so that the board may have the opportunity to review the contract at its next scheduled meeting; September 15, 2015 Page 3 of 8 At the time of submission of the solicited bid the officer or employee in writing informed the County agency proposing the contract for goods or services that the officer or employee or a member of the officer or employee's immediate family is employed with the County and specified the member of the family and the position in County government; and In the event the contract is awarded to a County employee or a business in which a County employee or a member of the officer or employee's family has a controlling interest in the business at the time the contract award is announced a copy of the disclosure form submitted by the employee shall be made public. (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, proposed Draft 4, is attached with the amendments incorporated therein. Thank you. MW/dh Att. September 15, 2015 Page 4of8 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 HAWAPI: 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 [ , unit f the exeoutive or -legislative br- ehe of the Go „i., but ,7vi.not + iaeuuv ludo i u subdivisions of de artm 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 eglployee'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, fairs 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: September 15, 2015 Page 5 of 8 (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. time,[(3) Using County n111eJJ or (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-)](4) Using County property, facilities, equipment, time, or personnel for private business campaign purposes, or for any purpose other than for a public [acfiv-ity o ] purpose. Lc� An officer or employee of the County, or a business in which an officer or employee or the officer or employee's immediate family has a controlling interest, may contract for goods or services with any County agency provided that the nature of the relationship between the officer or employee and the County is provided in full disclosure to the agency seeking goods or services as part of the bid for a contract or response to a request for proposals. A contract shall be void if an officer or employee fails to provide the required disclosure in a timely manner or if the disclosure does not fully and clearly provide the nature of the relationship between the officer or employee and the County. [(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)s 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. September 15, 2015 Page 6 of 8 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 of-fleer- er employee shall assist any per -son or business or- aet in a r-epr-eseiAative tfansaetioa involving the vr v w..., n+. J. (d) Ne offleer or employee shall assist aiiy per -son or- busifiess or aet sentative eapaeit�, for- a fee or- other- compensation to seetir-e passage of a bill or- to obtain rVOm+ + ell—aim, or -other- + t or -proposal b. b, +1 effleer- or employee employee,has partieipated or will pai4ieipate as an offleer- or nor- shall the Offiee or- employee assist any per -son or b i t in a r-epresei#ative eapacity for - F or tt e Lill „+rn + 1 other-+ do eemYens� n or - proposal befer-e the eouneil or- ageney of w-hieh that per -son is an empleyee or offleen (e) No offieer- or- employee shall assist any per -son or- business or- aet.i.. .—tative 7 n + + elor-aim, + +• unless the effieer- or employee 1, +. r with lion the lliselo is 0� o i„ ..l Le) 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 by law; provided: This prohibition shall not apply to a County employee or officer who is an architect landscape architect surveyor, or engineer registered as such under the provisions of chgpter 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 any eg nE to petition for redress of grievances caused by any official act or action affectingsuch uch person's personal rights privileges,or property, including real property. September 15, 2015 Page 7 of 8 (d,) Notwithstanding 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 [sha4l ne ] may enter into [any] a contract involving services or property [of a value in excess of $100,000] or 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 employee's immediate family has a controlling interest,. [mss:] 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; (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] sixt days before the contract is awarded[...] so that the board may have the opportunity to review the contract at its next scheduled meeting; At -the time of submission of the solicited bid, the officer or employee in writing informed the County agency proposing the contract for goods or services that the officer or employee or a member of the officer or employee's immediate family is employed with the County and specified the member of the family and the position in County government; and In the event the contract is awarded to a County employee or a business in which a County employee or a member of the officer or employee's family has a controlling interest in the business, at the time the contract award is announced a copy of the disclosure form submitted by the employee shall be made public. (b) A County agency shall not enter into a contract with any person or business which is represented [or assisted personally in the matter by a person who [las-been] 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. September 15, 2015 Page 8 of 8 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.