HomeMy WebLinkAboutCOM 0494.017 2014-2016 Margaret [Ville """"wtro ' ., Phone No. Hilo: (808)961-8027
Council llemher ';�'� �`+,'.. Phone No. Waimea: (808)887-2043
Iti gine 9-,forth and South Kohala . -" •• • Fax No.: (808)887-2072
��••'"\• t"�' F-Mail: mwlllei co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawaii
Hawaii County Building Ilolamua Center West Hawaii i Civic Center Bldg .I
25.4"punt Street 64-1067,llamnlahoa Highway.Suite C-S 74-5044:Ine Keohokalole llrw.
ludo. Ilawai'i 96720 Waimea. 'lanai 96743 Koltun-Kam. Hawaii.96'40
TO: Dru Mamo Kanuha, Council Chair
and Members of the Hawaii County Council
FROM: \(].)--11
r l Margaret Wille, Council Member -
�'
DATE: April 28. 2016
0--
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).
A draft copy of proposed Bill No. 101, Draft 3, is attached with the amendments incorporated therein.
1. Bill No. 101. Draft 2. is amended by amending SECTION I 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 he
a resident of each council district.
(b) Board members shall serve terms of four years. [All bard-;tinkers appointed
their terms,provided that no member shall serve for more than four years regardless
more board members reside in the same council district. only the member who ha-
crvcd 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. u /1 I '
Serving the Interests of the People of Our Island
Comm. No. 1 '7 4
Hawaii County Is An Equal Opportunity Provider And Employer Ref. To:
Rnf, Data APR 2 9 2016
(c) [The council member from the council district in which a vacancy exists shall
the nominees as the board member.] 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 arc of any party or who have no party affiliation. [Th..
mayor's appointments to the board shall be subject to confirmation by the council.]
(d) [The] Without limitation of its functions,the board shall:
(I) 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 in the windward and leeward areas ofHawai'i County. such
that a minimum of three hearings are scheduled annually in the windward
area as well as in the leeward area. The windward arca consists of the
judicial districts of Puna, South Hilo,North Hilo, Hamakua,and the
leeward area consists of the judicial districts of North Kohala, South
Kohala. North Kona, South Kona. and Ka'u.
(5) [o;-c-ortduet] Conduct investigations concerning application of the code of
ethics and make public such violations of the code that come to its
attention.
1(5)1(6) Publish [advise '] its opinions with such deletions as may be necessary to
prevent disclosure of the identity of persons involved where such opinions
arc rendered pursuant to paragraph (2) above.
[(6)](7) Establish its rules of procedure.
101(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 to 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 he 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
a tpointed 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 X345. 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 i416. 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 X547. 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."
Mw/dh
Alt.
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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.
RE 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 he
a resident of each council district. [appointed by the mayor with the approval of the
.- - members who shall be residents of the county.
Each shall serve for a term of five y ars. Upon the initial appointment of members
one for a term of five years. The board shall establish its rules of procedure.]
(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. 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 arc of
any party or who have no party affiliation.
(d) Without limitation of its functions,the board shall:
Ra)](i Interpret the code of ethics for both county officials and the public and on
its own may initiate and render opinions with respect thereto.
[(k)]O 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 [thereto].
[(d)](4) Hold hearings in the windward and leeward areas of Hawai`i County. such
that a minimum of three hearings are scheduled annually in the windward
area as well as in the leeward area. The windward area consists of the
judicial districts of Puna. South Hilo, North Hilo, Hamakua. and the
leeward area consists of the judicial districts of North Kohala, South
Kohala,North Kona, South Kona, and Ka`u.
[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] its opinions with such deletions as may be necessary to
prevent disclosure of the identity of persons involved where such opinions
are rendered pursuant to [absection(b)] paragraph (2) above.
(7) Establish its rules of procedure.
[(44]a) 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 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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