The URL can be used to link to this page

Home My WebLink AboutCOM 0494.003 2014-2016 Karen Eoff °01 ��F~ ,' Phone: (808) 323-4280 LI i74, • Council Member � � �`��' Fax: (808)329-4786 Council District 8-North Kona "� • Email: karen.eoff@hawaiicounty.gov •• ,T!CF•M HAWAII COUNTY COUNCIL N -) County of Hawaii "' C CD West Hawai`i Civic Center, Bldg. A t:3 F' - 74-5044 Ane Keohokalole Hwy. ---; Kailua-Kona, Hawai'i 96740 TO: Dru Mamo Kanuha, Council Chair -and Members of the Hawai`i County Council `.? FROM: \= Karen Eoff, Council Member l Council District 8 DATE: November 13, 2015 SUBJECT: Proposed Amendment to Bill No. 101; an Ordinance to Initiate an Amendment to Article XIV, section 14-5 of the Hawai`i County Charter(2014), Relating to the Board of Ethics. Please see below a proposed amendment to Bill No. 101. The proposed amendment is illustrated in Ramseyer format with respect to the contents of Bill No. 101 (material to be deleted is bracketed and stricken, material to be added is underscored). "Bill No. 101 is amended by amending SECTION 1 of the bill, that amends section 14-5, to read as follows: 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. The members shall be appointed by the mayor and confirmed by the council in the manner prescribed in section 13-4. [(b) :.. • --- - . - - --- . • . . . • - .. - - . •-• - prior to twelve 'o clock meridian on December 5, 2016, shall serve the four years regardless of the member's initial term of appointment, and further only the member who has served on the board longest shall be retained. (c) - ... . • . . . • . •. not belong to the same political party. The mayor shall appoint one of the Comm. No. / 7. 3 Serving the Interests of the People of Our Island prG Hawaii County Is an Equal Opportunity Provider And Employer Ref. To: ( /� Ref. Date NOV 17 2015 Charter. The mayor's appointment shall he subject to confirmation by the council. (d)] The board shall: (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[:] (2) Render advisory opinions to county officers and employees with respect to the code of ethics pursuant to written requests by officers and employees[-k (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[.]z (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[-] (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 paragraph (2) above[.-]; (6) Establish rules of procedure[.-]; and (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 Hawaii, the reviser need not include the brackets, bracketed and stricken material, and underscoring. SECTION 3. All board members appointed prior to twelve ' o clock meridian on December 5, 2016, shall serve the remainder of their terms, 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. SECTION [3,]4. 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 [45. 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:]6. 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.- A draft copy of Bill No. 101, Draft 2, with these amendments incorporated therein is attached. Thank you. 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. There shall be a board of ethics consisting of nine members. One member shall be a resident of each council district. The members shall be appointed by the mayor and confirmed by the council in the manner prescribed in section 13-4. [. :::•- -: - . . . - - approval of the council. It shall consist of five members who shall be residents of the county. Each shall serve for a term of five years. Upon the initial appointment of members pursuant to term of three years, one for a term of four years - . - -• . . . . - . . ' - ' . - . . . . . ' .. ••-• . . , •-] The board shall: [(1)](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[.-]; [(E)](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.]; [(d)](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; and [(44](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 Hawaii, the reviser need not include the brackets, bracketed and stricken material, and underscoring. SECTION 3. All board members appointed prior to twelve ' o clock meridian on December 5, 2016, shall serve the remainder of their terms, 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. SECTION 4. 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 5. 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 6. 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.