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Home My WebLink AboutORD 2015-103 2014-2016COUNTY OF HAWAII STATE OF HAWAII BILL NO. 37 (DRAFT 5) ORDINANCE NOA-5 -103 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 [any offiee, department, b,,.,,.a, other governmental unit of the emeeutive or- legislative br-a-aehes of the Co it, but does not inelude subdivisions of depa.+.,,the County of Hawaii and an 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, fairs 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 or- other- f4eilities for- pr-ivate business or - (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)]fA,) Using County property, facilities, equipment, time, or personnel for private business, campaign purposes, or for any 12=ose other than for a public [artier] purpose. D 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 Coupleragency provided that: (1,) The nature of the relationship between the officer or employee and the County is provided in full disclosure to theagency seeking goods or services as of the bid for a contract or response to a request for proposals; and The officer or employee has obtained an opinion from the board that there is no conflict of interest resulting from the officer or emplo exposition with the County. A board opinion shall continue to satisfy this requirement until a change occurs in the financial interest or role of the County officer, employee, or the officer or employee's affected immediate family member, in the business or undertaking with which the contract is concerned. In the event an opinion 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 comply with these disclosure requirements or if the board finds there is a conflict of interest or any preferential treatment involved. [(O](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: 2 (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),, 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) No offieeL Vl employee shall assist any per-son or bUJ11Vs or-„+ ; a o o + +' Vu1JLLVIL3' VV1VrV (.Lll` eepAingent compensation transaefien involving the County. (d) No offieer- or- employee shail assist any per-son or business or- act -F. --tative eapaeity for- a fee or other eampensation to secufe passage of a bill or- to obtaill ..vuLi LLV L, vaLLuia, or VLuvr transaction or- YrvYvsua in `vvauVz the offieef or- efilplayee has aftieipated-Br- wili paftieipate as an offiecror-empleyee, nor shall the of-flee employee assist � o r business et ; a o + +' + fef ,... employee ...�.�..�......i. j' Y.�...�v... Va business Vi uV L rir u rVyrV�VULULi vv rVze bill, e > > or other- tfansaetieft of proposal before he eouneil or- a genet' of w-hieh that per-sen is an employee o '� (e) No ofFeer or employee shall assist any per r business o acti.. tati.„ 0 E..,paeity before a r.,, my ageney for- ., foo o other- eonside +;L,'ll �.otAf.,,,+ e.�im other t-r-an acto op by +L, ,l, ” hi"' p"vpVuua1 involvingff1 +' ageney if the officer or employee has ffiei„1 .,,,thoFity over 4iat ( t section 2-94T] (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 an_y 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, 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 affectingsperson'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 [any] a contract involving services or property [of a value i exeess of $1 0,000] 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 interests [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[ lel X11\. GLg6r11Vrposts -RZIVL1Ti\+Zll LLJ intent to award the cerafaet and files a eopy of the . tie with the County board of ethies, at least to days before the r,traet 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 [^r assisted personally i the .,.,.at4er] by a person who [ham] 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 thea ency_" 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 on July 1, 2016. INTRODUCED BY: i CO CIL MEMB , COUNTY OF HAWAII Hilo , Hawai`i Date of Introduction: September 16, 2015 Date of 1 st Reading: October 20, 2015 Date of 2nd Reading: November 3, 2015 Effective Date: July 1, 2016 REFERENCE Comm. 231.22 Introduced By: Date Introduced: First Reading: Published: OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii ZIP }g0V 20 ,: 44 Margaret Wille September 16, 2015 October 20, 2015 October 31, 2015 REMARKS: September 16, 2015 - Postponed October 7, 2015 - Postponed Second Reading: November 3, 2015 To Mayor: November 12, 2015 Returned: November 20, 2015 Effective: July 1, 2016 Published: November 28, 2015 REMARKS: (Draft 5) ROLL CALL VOTE AYES NOES ABS EX Chung X David X Eoff X Ilagan X Kanuha X Onishi X Paleka X Poindexter X Wille X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Chung X David X Eoff X Ilagan X Kanuha X Onishi X Paleka X Poindexter X Wille X 9 0 0 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. COU C I. CH , Rl ERS 41, pAppove.sapproved this Al — day , '�/Y Y�IGV1 20 C ' U TY CLERK Bill No.: 37 (Draft 5) MA YOR, CO UNTY OF HA WAI `I Reference: C-231.22/FC-33 Ord No.: ..s JUO-3