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HomeMy WebLinkAboutCOM 0494.011 2014-2016 Margaret Wille - �.;o:04,-- /41..?",... .-7 ,' Phone No. Hilo: (808)961-8027 Council Member :cR'� Phone No. Waimea: (808)887-2043 District 9-North and South Kohala � ": �"I` Fax No.: (808)887-2072 '.•• �V::'''',0 i.�' E-Mail: mwille@co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai`i Hawai`i County Building Holomua Center West Hawai`i Civic Center Bldg.A 25,4upuni Street 64-1067 Mamalahoa Highway, Suite C-5 74-5044 Ane Keohokalole Hwy. Hilo, Hawaii 96720 Waimea, Hawaii 96743 Kailua-Kona. Hawai'i.96740 _~; t.n =-'n TO: Dru Mamo Kanuha, Council Chair _ T.and Members of the Hawai`i County Council T" • FROM: 'Margaret Wille, Council Member DATE: November 30, 2015 cr SUBJECT: Proposed Amendments to Bill No. 101, Draft 2; Relating to the Board of Ethics. Please find attached proposed amendments to Bill No. 101, Draft 2. The proposed amendments are illustrated below by 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, 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 staggered terms of[€eur] three years. [A-ll betel members appointed prior to twelve 'o cleek meridian on December 5, 2016, shall the member who has served on the board longest shall be retained.] No member shall serve for more than two terms, except that members who were initially appointed for less than three years may thereafter serve for two full three year terms. Comm. No. ( ejL • 1 Serving the Interests of the People of Our Island Rf. To: P�l�C_ Hawai`i County Is An Equal Opportunity Provider And Employer Reef. Date 0E(' 0 1 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. 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) [The] Without limitation of its functions, 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 alternately in the windward and the leeward areas of Hawai`i County. The windward area consists of the judicial districts of Puna, South Hilo,North Hilo, Hamakua, and Ka`u and the leeward area consists of the judicial districts of North Kohala, South Kohala, North Kona, and South Kona. (5) [or conduct] Conduct investigations concerning application of the code of ethics and make public such violations of the code that come to its attention. [(5)](6) 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)](7) Establish its rules of procedure. [(7)](8) Propose revisions to the code of ethics where not inconsistent with this charter." 2. Bill No. 101, Draft 2, is amended by adding new SECTIONS 3 and 4 to read as follows: "SECTION 3. All board members appointed prior to twelve 'o clock meridian on December 5, 2016, may serve the remainder of their five year 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. The first two new members shall be appointed for a one year term, the third and fourth new members for a two year term, and the fifth and sixth new member for a three year term. Thereafter, any other member shall be appointed for a three year term." 2 3. Bill No. 101, Draft 2, is amended by renumbering existing SECTIONS 3 through 5 to SECTIONS 5 through 7 and to read as follows: "SECTION 13-45. 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.]6. 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:]7. 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, is attached with the amendments incorporated therein. MW/dh Au. 3 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 Hawaii 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. [. ... . . -- - . • • - - 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 this charter, one shall be appointed for - -•- . - -. , : -- . . --- 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.] (b) Board members shall serve staggered terms of three years. No member shall serve for more than two terms, except that members who were initially appointed for less than three years may thereafter serve for two full three year terms. (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 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]. [(d)](4) Hold hearings alternately in the windward and the leeward areas of Hawaii County. The windward area consists of the judicial districts of Puna, South Hilo, North Hilo, Hamakua, and Ka`u and the leeward area consists of the judicial districts of North Kohala, South Kohala, North Kona, and South Kona. (5) [or conduct] Conduct investigations concerning application of the code of ethics and make public such violations of the code that come to its attention. 4 [(e)](6) 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. (7) Establish its rules of procedure. [(4)](8) 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, may serve the remainder of their five year 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. The first two new members shall be appointed for a one year term, the third and fourth new members for a two year term, and the fifth and sixth new member for a three year term. Thereafter, any other member shall be appointed for a three year term. SECTION 5. 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 6. 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 7. 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. 5