HomeMy WebLinkAboutBIL 037 Draft 04 2014-2016COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 37
(DRAFT 4)
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 [ ,
,,;t of the o legislative„tiye „« legislativetiye b,m-nehes of the !`.,u ty btA does not ; „ludo
subdivisions of dep ,.t,ro„* ] 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."
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.
(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 time, equipment athe - f� ;lities F private 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)](4) Using County property, facilities, equipment, time, or personnel for
private business, campaign purposes, or for any purpose other than for a
public [aeti er] 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 gency 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; 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.
[(E)](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)z 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) Ne „f fieeror- employee shall assist npefsen r business o aet i a e
- eentingent eempeasation 111 idly
tfansaetion invalving the County.
(d) No o ffi er- o effipleyee shall assist n pefson r b usi.—I tesent4tve
eapaeity for- n fee or- othe f eempensation toseetir-e passage -of a hill of to obtaineontr-aetn
>elaim,
or- othef tfansaetion or- proposal in whieh the officer- or- employee
has pat4aeipat a of will p aeipate-as an off eer or- ell eyeonor- shall the o ffiee .
empleyee assist n businessr ��� ; 1n. +.,
per-sonor- 0 o +Lu+;u ve eapaeity lvr u
fee or- other- atio , stieh hill ntr- et elai �, other- transaction
o , n , , � {.�1- L1 U11JUli ll Vll Vr
proposal before re thea ei o of whie tl,a+ per -son nleyee
^^���� i� uil elilYlVyi.a� Vr
office -
(e) N ffieeor- employee shall assist aper -son r businessor- et .n u repres.,.,l.n+;.
ent��. .
eapaeity hof fe a County ageney n on uil� vlllf r a fee s other r aiderratio. 1.;11
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eontfaetelaim, or- other- tr-ansaetion or- proposal invelving official aetion by the
i
ageney 4 the effiao employee hn offie al „+hor-iti of tha+ C +
uiliy ugeiivy
1 the Fl 1 h l' .1 with the disc o eats „F
un7csrzrlc-vrrrccr�rcn'rPivpcczm�iorirpriccr`vi'-=m-rrrc,cirJ .».,........1.,..,.,..,...,.., �.�
see+;„n 2 91 1 .1
U No officer or employee shall represent private interests in any legal action or
proceeding against the County r appear on behalf of private interests before any
agency, except as otherwise provided by law; provided:
This prohibition shall not apply to a County ployee 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 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
(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
affectingsuch uch 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 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 [a*y] a contract involving services or
property [of ^ • clue it exeess 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, [mss:] 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
!2l The o sty otiee of its „tont to award the ntr_aet andfiles a �7 CYT
of the t' with the County board of ethics .,t least to„ days before the
eo traet ; .gree]
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 [of assisted personally in the „-,aRe ] 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.
4
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.
INTRODUCED BY:
C UNCIL P
EMBER. COUNTY OF I IAWAP
. I Iawai'i
Date of Introduction:
Date of Ist Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 231.20