HomeMy WebLinkAboutBIL 101 Draft 01 2014-2016 •J+�v os N,..
COUNTY OF HAWAII : ���`'=`' � � STATE OF HAWAII
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BILL NO. 101
ORDINANCE NO.
AN ORDINANCE TO INITIATE AN AMENDMENT TO ARTICLE XIV, SECTION 14-5
OF THE HAWAII COUNTY CHARTER (2014), RELATING TO THE BOARD OF
ETHICS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Article XIV, section 14-5 of the Hawai`i County Charter (2014), is
amended to read as follows:
"Section 14-5.Board of Ethics.
(a) There shall be a board of ethics consisting of nine members. One member shall be
a resident of each council district. [appointed by the mayor with the approval of the
council. It shall consist of five members who shall be residents of the county. Each
of two years, one fora term of three years, :-- - - --- • • . . . • •
(b) Board members shall serve terms of four years. All board members appointed prior
to twelve 'o clock meridian on December 5, 2016, shall serve the remainder of
their terms, provided that no member shall serve for more than four years regardless
of the member's initial term of appointment, and further provided that if two or
more board members reside in the same council district, only the member who has
served on the board longest shall be retained.
(c) The council member from the council district in which a vacancy exists shall submit
to the mayor a list of two nominees to the board. Nominees shall reside in the same
council district as the council member and the two nominees shall not belong to the
same political party. The mayor shall appoint one of the nominees as the board
member, in compliance with section 13-4(f) of the Charter. The mayor's
appointment shall be subject to confirmation by the council.
(d) [Without limitation of its functions, the] The board shall:
[(a)](1) Interpret the code of ethics for both county officials and the public and on
its own may initiate and render opinions with respect thereto.
[(b)](2) Render advisory opinions to county officers and employees with respect to
the code of ethics pursuant to written requests by officers and employees.
[(c)](3) Receive and initiate complaints of violations of the code of ethics and
transmit such complaints to the council or the appropriate appointing
authority, along with any recommended penalties and pertinent advisory
opinions [thereto].
[(4)](4) Hold hearings or conduct investigations concerning application of the
code of ethics and make public such violations of the code that come to its
attention.
[(e)](5) Publish advisory opinions with such deletions as may be necessary to
prevent disclosure of the identity of persons involved where such opinions
are rendered pursuant to [subsection (b)] paragraph (2) above.
(6) Establish rules of procedure.
[(f)](7) Propose revisions to the code of ethics where not inconsistent with this
charter."
SECTION 2. Charter material to be repealed is bracketed and stricken. New
material is underscored. When revising, compiling, or printing these charter provisions
for inclusion in the Charter of the County of Hawai`i, the reviser need not include the
brackets, bracketed and stricken material, and underscoring.
SECTION 3. 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 severable.
SECTION 4. Upon adoption of this ordinance, this Council, by appropriate
resolution, shall provide that this amendment be submitted to the electorate of Hawai`i
County for approval in the 2016 general election.
SECTION 5. Upon approval of the charter amendment proposed in this
ordinance by a majority of voters voting on this legislation in the 2016 general election,
as duly certified, this ordinance shall take effect at twelve o'clock meridian on December
5, 2016.
INTRODUCED BY:
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COUNCIL ME ER, COUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
REFERENCE Comm. 494
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