HomeMy WebLinkAboutCOM 0494.010 2014-2016 Karen Eoff
•' .+. Phone: (808) 323-4280
Council Member . yJ- Fax: (808) 329-4786
Council District 8-North Kona + _ Email: karen.eoff@hawaiicounty.gov
.641
HAWAII COUNTY COUNCIL
County of Hawai`i _C)
West Hawai`i Civic Center, Bldg. A
74-5044 Ane Keohokalole Hwy.
Kailua-Kona, Hawai'i 96740
4..3
TO: Dru Mamo Kanuha, Council Chair
and Members of the Hawai`i County Council �?
FROM: Karen Eoff, Council Member
Council District 8
DATE: November 30, 2015
SUBJECT: Proposed Amendments to Bill No. 101, Draft 2; 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 proposed amendments to Bill No. 101, Draft 2. The proposed amendments are
illustrated in Ramseyer format with respect to the contents of Bill No. 101, Draft 2, (material to
be deleted is bracketed and stricken, material to be added is underscored).
1. Bill No. 101, Draft 2, 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) Board members shall serve terms of four years. All board members appointed
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
I • - . . -•- . Notwithstanding anything to the contrary
in section 13 'I, members of the board may be appointed without regard to the
nominee's political party affiliation and the board may be composed of any , /
Serving the Interests of the People of Our Island Comm. No. LI/ l 'l. /0
Hawai'i County Is an Equal Opportunity Provider And Employer Ref. To: N1 CL'
Ref. Date OEC 0 1 2fl15
council.
(d) Thc] Without limitation of its functions, the board shall:
[(1)](a) 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)](b) Render advisory opinions to county officers and employees with
respect to the code of ethics pursuant to written requests by officers
and employees.
[(3)](c) 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)](d) 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)](e) 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)](b) above.
[(6)](f) Establish rules of procedure.
[(7)](g) Propose revisions to the code of ethics where not inconsistent with this
charter."
2. Bill No. 101, Draft 2, is amended by adding a new SECTION 3 to read as follows:
"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."
3. Bill No. 101, Draft 2, is amended by renumbering existing SECTIONS 3 through 5 to
SECTIONS 4 through 6 and to read as follows:
"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 [4.]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 [54. 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 3, with these amendments incorporated therein is attached.
Thank you.
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.
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.
this charter, one shall be appointed for a term of one year, one for a term of two years, one for a
term of three years, one for a term of four years and one for a term of five years. The board shall
establish its rules of procedure.] Without limitation of its functions, the board shall:
(a) 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) Render advisory opinions to county officers and employees with respect to the
code of ethics pursuant to written requests by officers and employees.
(c) 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) 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) 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] paragraph (b) above.
(f) Establish rules of procedure.
(g) 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. 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.
3
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.
4