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Home My WebLink AboutCOM 0494.004 2014-2016 Margaret Wille �<�o�;, Phone No. Hilo: (808)961-8027 Phone No. Waimea: (808)887-2043 Council Member v°•�� +., District 9-North and South Kohala " �y��'�� Fax No.: (808)887-2072 '�� ' ��'•' E-Mail: mwille@co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai Hawai'i County Building Holomua Center West Hawai`i Civic Center Bldg.A 25 Aupuni Street 64-1067 Mamalahoa Highway,Suite C-5 74-5044 Ane Keohokalole Hwy. Hilo, Hawai`i 96720 Waimea, Hawai`i 96743 Kailua-Kona, Hawaii.96740 TO: Dru Mamo Kanuha, Council Chair and Members of the Hawai`i County Council = FROM: Toi Margaret Wille, Council Member c. DATE: November 16, 2015 cr- SUBJECT: Proposed Amendment to Bill No. 101; Relating to the Board of Ethics. L.r -:T Ca -. Please find attached a proposed amendment to Bill No. 101. The proposed amendment is illustrated below by 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, 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. (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. Comm. No. 7 C1`f s Serving the Interests of the People of Our Island Ref. To: P/PC- Hawai`i County Is An Equal Opportunity Provider And Employer Ref. Date NOV 1 7 2015 (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 -•-- . _ -- . -- .. ' ' . ]. The mayor shall appoint one of the nominees as the board member[, in compliance with section 13 1(f) of the Charter]. Notwithstanding anything to the contrary in section 13-4, members of the board may be appointed without regard to the nominee's political party affiliation and the board may be composed of any number of members who are of any party or who have no party affiliation. The mayor's [appointment] appointments to the board shall be 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. (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. (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. (7) Propose revisions to the code of ethics where not inconsistent with this charter." A draft copy of Bill No. 101, Draft 2, is attached with the proposed amendments incorporated therein. M W/dh Att. 2 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 --- •• ..- . . residents of the county. Each shall serve for a term of five y ars. Upon the initial appointment of members pursuant to this charter, one shall be appointed for a term of one year, one for a term of two years, one for a term The board shall establish its rules of procedure.] (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. The mayor shall appoint one of the nominees as the board member. Notwithstanding anything to the contrary in section 13-4, members of the board may be appointed without regard to the nominee's political party affiliation and the board may be composed of any number of members who are of any party or who have no party affiliation. The mayor's appointments to the board 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]. 3 [(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. [R(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. 4