HomeMy WebLinkAboutBIL 101 Draft 03 2014-2016OFFICE INFORMATION ONLY
Meeting: Council — June 3, 2016
Action: Filed at 2"d reading (Draft 3) due to vote count of 5 ayes, 4 noes (Chung, (lagan,
Onishi, Paleka); Charter amendments require 6 ayes, or 2/3 of the entire
membership.
1" rdg: May 17, 2016
Postponed: December 14, 2015; January 22 and April 6, 2016
FC -42: Negative due to vote count (6 noes; 2 ayes, Eoff, Wille;
1 absent, Onishi)— December 1, 2015
Re: Rill 101; Comm. 494 (2014-2016 term); FC -42
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. lol
DRAFT 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. [appointed by the mayor with the ^^^F^"I of the
File.]........ Serve fin _.__._. "_ five years. _p__. a the ....__appointmenttea
e —_
iote shall be
term
., ... ..n�,�.ee ye,._.. one fbF a o ffF or years -and
one for a te� of Ave years.The, board shall establish itMies of pniseesmal ll
(b) Board members shall serve terms of four years. No member shall serve more than
Lf)
any party or who have no party affiliation.
(d) Without limitation of its functions, the board shall:
[W]CD 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.
[W]D3 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 Hawaii 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, Hatnakua, and the
leeward area consists of the judicial districts of North Kohala, South
Kohala, North Kona, South Kona. and Ka`u.
(5) [or co nduc I Conduct investigations concerning application of the code of
ethics and make public such violations of the code that come to its
attention.
[(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 [fib)] paraeranh (2) above.
Establish its rules of procedure.
[(OJM 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 b 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 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.
INTRODUCED BY:
C UN L E ER, C Y OF HAWAII
. Hawai'i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Date of 3rd Reading:
Effective Date:
REFERENCE Came. 494.18