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HomeMy WebLinkAboutCOM 0231.018 2014-2016 Margaret Wille •��tv,°•`�� •, Phone No. Hilo: (808)961-8027 Council Member 0R ,.,� �'+., Phone No. Waimea: (808)887-2043 District 9-North and South Kohala „Nss,..`.' • Fax No.: (808)887-2072 •:�� •• • E-Mail: mwille@co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai`i Hawaii County Building Holomua Center West Hawaii Civic Center Bldg.A 25 Aupuni Street 64-1067 Mamalahoa Highway,Suite C-5 74-5044 Ane Keohokalole Hwy. Hilo, Hawaii 96720 Waimea, Hawaii 96743 Kailua-Kona, Hawai`i,96740 %xi c C7 TO: Dru Mamo Kanuha, Council Chair and Members of the Hawai`i County Council ' FROM: Margaret Wille, Council Member 1,1 f DATE: October 6, 2015 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 2 of Bill No. 37, Draft 3 is amended to read as follows: "SECTION 2. Chapter 2, article 15, section 2-82 of the Hawai`i 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[; ;;- -' -• - •, : . - • - -- : -• - - ; children's spouses]."" 2. SECTION 3 of Bill No. 37, Draft 3 is amended to read as follows: "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: Comm. No, 2 3 I • ( Ref. To: N[c4urtC.i.L Serving the Interests of the People of Our Island Ref. Dote OCT 0 7 2010 Hawai`i County Is An Equal Opportunity Provider And Employer October 6, 2015 Page 2 of 8 (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[;]1 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) 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) - - - . -- . . . -, . .. •- - .. • - the officer or employees' immediate family has a controlling interest, shall - • - - . ... - County agency.] 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: (1) 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; and (2) The officer or employee has obtained approval from the board to the effect that there is no foreseeable conflict of interest resulting from the dual capacity relationship with the County. In the event approval by the board was not obtained in advance of submitting a bid, the officer or employee shall instead submit a copy of a letter or petition requesting review by the board. 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 reveal the nature of the relationship between the officer or employee and the County. October 6, 2015 Page 3 of 8 (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.' 3. SECTION 5 of Bill No. 37, Draft 3 is amended to read as follows: "SECTION 5. Chapter 2, article 15, section 2-85 of the Hawai`i County Code 1983 (2005 Edition, as amended), 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 of$50,000 or less] 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[:] the provisions in section 2-83, subsection (c) have been met, and further provided: (1) The contract is awarded by competitive sealed bidding pursuant to the state public procurement code; or (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]. Upon award of any such contract, the director of finance shall post notice of the award, which notice shall include the information provided pursuant to section 2-83, subsection (c). (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. October 6, 2015 Page 4 of 8 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 Hawai`i County Code 1983 (2005 Edition, as amended), is amended by amending the definition of"agency" to read as follows: 'Agency, means [. : .. --- - , ... :, . -. . •, . _. ... - . unit of the executive or legislative branches of the County, but does not include subdivisions of department.] the County of Hawai`i and any other governmental unit of the County." SECTION 2. Chapter 2, article 15, section 2-82 of the Hawai`i 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." SECTION 3. Chapter 2, article 15, section 2-83 of the Hawai`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 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. October 6, 2015 Page 5 of 8 [(3) Using County time, equipment or other facilities for private business or campaign purposes. (')](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 [activity or] purpose. (c) 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: (1) 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; and (2) The officer or employee has obtained approval from the board to the effect that there is no foreseeable conflict of interest resulting from the dual capacity relationship with the County. In the event approval by the board was not obtained in advance of submitting a bid, the officer or employee shall instead submit a copy of a letter or petition requesting review by the board. 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 reveal 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 Hawai`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 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. October 6, 2015 Page 6 of 8 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. transaction involving the County. (d) No officer or employee shall assist any person or business or act in a representative capacity for a fee or other compensation to secure passage of a bill or to obtain a contract, claim, or other transaction or proposal in which the officer or employee has participated or will participate as an off - - - - - . --, -: -- - - fee or other compensation on such bill, contract, claim, or other transaction or proposal before the council or agency of which that person is an employee or officer. (e) No officer or employee shall assist any person or business or act in a representative capacity before a County agency for a fee or other consideration on any bill, contract, claim, or other transaction or proposal involving official action by the agency if the officer or employee has official authority over that County agency section 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 by law; provided: (1) 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 chapter 464, Hawai`i 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 October 6, 2015 Page 7 of 8 (2) No officer or employee shall be denied the right to appear before any agency 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. (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 Hawai`i County Code 1983 (2005 Edition, as amended), is amended to read as follows: "Section 2-85. Contracts. (a) A County agency [shall not] may enter into [any] a contract involving services or property [of a value in excess of$10,000] 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 [unless:] provided the provisions in section 2-83, subsection (c) have been met, and further provided: (1) The contract is awarded by competitive sealed bidding pursuant to the state public procurement code; or (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]. Upon award of any such contract, the director of finance shall post notice of the award, which notice shall include the information provided pursuant to section 2-83, subsection (c). (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 [has 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. October 6, 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.