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HomeMy WebLinkAboutCOM 0494.013 2014-2016Margaret Wille Council Member District 9 - North and South Kohala Hawaii County Building 25 Aupuni Street Hilo, Hawai'i 96720 TO: FROM: DATE: SUBJECT: HAWAII COUNTY COUNCIL County of Hawai `i Holomua Center 64-1067 Mamalahoa Highway, Suite C-5 Waimea, Hawaii 96743 Dru Mamo Kanuha, Council Chair and Members of the Hawaii County Council Margaret Wille, Council Member January 21, 2016 Phone No. Hilo: (808) 961-8027 Phone No. Waimea: (808) 887-2043 Fax No.: (808) 887-2072 E -Mail: mwille@co.hawaii.hi.us West Hawai 'i Civic CerlteS Bldg -4 74-5044 Ane Keohokc'Oe Hwy " Kailua-Kona, Hawai�i�96740=t;`D -7>rfY, 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 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 (b) Board members shall serve stag ered terms of [fes] three years. [All bear- ember 5, 2016, shall :??., pviiricd�3ri6i-cOT+`c�ici��-c- `v-cr0£�l'riri2£i'lm'-c"m vQcc .9 � Jt+l V eZllVremainder- , provided member- appointment,than fi3tff yeafs regardless of the member's initial tefm of and AlAhe t.r.. .............u.t if two Vl more ..o....d me...v.J.s iv..luv in the .,cuuv eouneil distfiet, Only the member- who h ea n the >,,,ar longest, 1, ll. b r-etained.j No member viiaVva rriav iau.,.. sen,ed Via � v VVtL1U 1V11�VJ1 J11G[ 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. t,,t:oe�rra. fro.04' Ref. To: ft OtA Ref. Date DAPI 2 2 2916 Serving the Interests of the People of Our Island Hawai `i County Is An Equal Opportunity Provider And Employer (C) [The eetmeil member- F«.,,,,, the eouneil district ; „hie ., vaeamey exists shat submit to the mayor- a list of two fieminees to the bear -d. Nominees shall reside in the same eouneil dist.:„+ as the eouneil membe The mayor- shall appoint one o the nominees as the board membe ] The members shall be appointed by the mayor and shall be subject to confirmation by the council. 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 uppvipAiueuwzv the J If a position remains vacant for more than three months, a person to fill theosp ition may be appointed by a council member who represents the district encompassed by the vacancy, and the appointment 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 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. [ems] 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)](M 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." F) 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 [3-.]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 [4.]6. Upon adoption of this ordinance, this Council, by appropriate resolution, shall provide that this amendment be submitted to the electorate of Hawaii 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." A draft copy of proposed Bill No. 101, Draft 3, is attached with the amendments incorporated therein. MW/dh Att. W 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. [appointed by the with the . .,l of the un1Lti. YY, EAl—m-eii. 11t shall eonsistoe embers who h 11 be residents of the county. 111V111VV1 J YV�11V J11L111 -V �hrlr shallserve for- a tei:m 6f five years. Upon the initial appointmerA ofmembers purr afA to this ch. ter- shall be „te for ., to,..�, of ene . r,...vKKai., vv �iaav v11K1L 1, V11V U11K11 VV u.�pvillwu 1V1 u LVllll Vl� year, tnrY,-Y of two < e for- ., to,-,,, o f throe < e for- ., term of f „r years ,.,,7 LVllll Vl LYYV ,'�V Kl J, V11V 1V1 K LVllil-V <'�, � one for a term of five ,eKlJ. The board shall establish its F to of pr-eeedtir-L-.1 fhj Board members shall serve staggered terms of three years. No member shall serve for more than two terms, except that members who were initially ppointed for less than three years may thereafter serve for two full three year terms. Lc� The members shall be appointed by the mayor and shall be subject to confirmation by the council. 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. If a position remains vacant for more than three months, a person to fill the position mage appointed by a council member who represents the district encompassed by the vacancy, and the appointment shall be subject to confirmation by the council. 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)]Q 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 [thefete]. [(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. [or eonduet] Conduct investigations concerning application of the code of ethics and make public such violations of the code that come to its attention. 1! [(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 [subsection (b)] paragraph (2) above. Establish its rules of procedure. [(#)](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 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, 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 Hawaii 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.