HomeMy WebLinkAboutCOM 0494.015 2014-2016 Margaret Wille /:-tit
os p Phone No. Hilo: (808)961-8027
Council Member cP••'� Phone No. Waimea: (808)887-2043
District 9-North and South Kohala ��y4� Fax No.: (808)887-2072
t•=' E-Mail: mwille@co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai`i
Hawaii County Building Holomua Center West Hawai`i Civic Ce r Bldg 4..)
25 Aupuni Street 64-1067 Mamalahoa Highway,Suite C-5 74-5044 Ane Keohokalale Hwy
Hilo, Hawai`i 96720 Waimea, Hawai`i 96743 Kailua-Kona. Hawai`i_-,96740
TO: Dru Mamo Kanuha, Council Chair 2
and Members of the Hawai`i County Council
FROM: "V4,(' Margaret Wille, Council Member
DATE: March 10, 2016
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 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
served on the board longest shall be retained.] No member shall serve more than
one term, except that any member initially appointed for a term of less than two
years shall be eligible for appointment and confirmation for an additional term of
four years.
(c) [The council member from the council dist ct in which a vacancy exists shall submit
to the mayor a list of two nominees to the board. Nominees shall reside in the same
Comte. No. q1�.
Serving the Interests of the People of Our IslandAf. To:
Hawai`i County Is An Equal Opportunity Provider And Employer A 1 "'
;.:cf. Date
council district as the council member. The mayor shall appoint one of the nominees
as4he-bear-d-rnemberd. The members shall be appointed by the mayor and shall
be subject to confirmation by the council. Should the mayor fail to appoint a member
to fill any vacancy within ninety days,that vacancy may be filled via appointment by
the council member who represents the district wherein the vacancy lies, which
appointment 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 appointments to the board sh . .•- -• . •.
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 members for a three year term. Thereafter, any other member shall be
appointed for a four year term."
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3. Bill No. 101, Draft 2, is amended by renumbering existing SECTIONS 3 through
5 to SECTIONS 5 through 7 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 Hawai`i County for approval in the 2016 general election.
SECTION [T]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.
M W/dh
Att.
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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. [. ... . . - . . ' . . --
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 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
(b) Board members shall serve terms of four years. No member shall serve more than
one term, except that any member initially appointed for a term of less than two
years shall be eligible for appointment and confirmation for an additional term of
four years.
(c) The members shall be appointed by the mayor and shall be subject to confirmation
by the council. Should the mayor fail to appoint a member to fill any vacancy
within ninety days, that vacancy may be filled via appointment by the council
member who represents the district wherein the vacancy lies, which appointment
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.
(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
Hawai`i County. The windward area consists of the judicial districts of
Puna, South Hilo,North Hilo, Hamdkua, 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.
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[(0](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.
(7) Establish its rules of procedure.
[(f)](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 members for a
three year term. Thereafter, any other member shall be appointed for a four 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.
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