REP FC 135 2018/08/21 (2016-2018)

Home

• REPORT OF THE COMMITTEE ON FINANCE DATE: August 21, 2018 Re: Comm. No. 959/Bill 160 PLACE: Council Chambers Kailua-Kona, Hawai`i TIME: 10:30 a.m. Council Chair and Members Hawai`i County Council Hilo, Hawai`i 96720 Your Committee on Finance, to which was referred Bill 160, reports as follows: Bill No. 160, transmitted by Council Member Eileen O'Hara, via Communication No. 959 dated May 25, 2018, amends Chapter 2, Article 15, of the Hawai`i County Code 1983 (2016 Edition, as amended), relating to the Code of Ethics. The bill would amend as follows: 1) add a new definition for "truthful"; and 2) amends Section 3, subsection(a), to read "Officers and employees shall be truthful." The purpose is to require that officers and employees of the county be truthful when performing their duties and dealing with the public. Your Committee first considered the bill at its meeting of June 18, 2018. At that meeting, Council Member Eileen O'Hara gave a brief background of her bill, which stems from requests of constituents, to add the definition of"truthful" to the Code of Ethics, applying it to officers and employees. Council Member Susan L.K. Lee Loy asked Corporation Counsel the meaning behind the word "truthful." For example, if a department gives a specific date for opening of a park or the completion of a road and the date is incorrect, it's not clear on how that falls into being truthful. Reading the bill the definition is understood, but when applied to an opening of a park or completion of a road project, how does giving an incorrect date fall into being"truthful." Joseph Kamelamela, Corporation Counsel, responded that being truthful can depend on the situation. Things change and it is doubtful whether someone will be raising issues over a date. Mr. Kamelamela believes people are more interested in something more material and significant in nature. Council Member Aaron Chung stated that truth is a subjective thing it is not easily proven or disproved and putting something like this into the County Code would only give rise to more complaints. Nothing would preclude a complaint from being brought about someone not being truthful. Sometimes people make up information and it is difficult to make good decisions on that basis but when it comes down to it, it would be difficult to codify. Everyone seeks the truth in their own way and it will be a problem putting this in the County Code because it is so difficult to prove or disprove. Mr. Chung will not be supporting this.