HomeMy WebLinkAboutHawaii County Code - Article 15. Code of Ethics ADMINISTRATION
Article 15. Code of Ethics.
Section 2-79. Purpose.
The purposes of this article are to:
(1) Prescribe standards of conduct for the guidance of County officers and
employees;
(2) Prohibit certain conduct involving County officers and employees; and
(3) Set forth the procedure for the interpretation of ethics problems of County
officers and employees.
(1983 CC, c 2, art 15, sec 2-79.)
Section 2-80. Interpretation of article.
This article shall be liberally construed to promote high standards of ethical
conduct in County government.
(1983 CC, c 2, art 15, sec 2-80.)
Section 2-80.1. Distribution of mass mailings prohibited during campaign.
(a) Newsletters, brochures, legislative summaries, or other mass mailings of material
designed to support a candidate's nomination, including electioneering
communications as defined in section 11-341, Hawai`i Revised Statutes, shall not be
circulated at public expense by:
(1) An incumbent council member within six months prior to any County election,
or after any member has filed nomination papers, whichever comes first;
(2) Any current employee or official of the County within six months prior to any
County election, or after filing nomination papers, whichever comes first;
(3) The incumbent mayor within six months prior to an election which the mayor
may be re-elected, or after the incumbent mayor has filed nomination papers,
whichever comes first; or
(4) The incumbent prosecuting attorney within six months prior to an election
which the prosecuting attorney may be re-elected, or after the incumbent
prosecuting attorney has filed nomination papers, whichever comes first.
This excludes public funds received by candidates from the Hawai`i election
campaign fund, pursuant to section 11-421, Hawaii Revised Statutes.
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§ 2-81 HAWAII COUNTY CODE
(b) Any violation of this section constitutes use of government funds for campaign
purposes, and shall be subject to any penalty, as authorized by law, including an
administrative fine not to exceed 81,000, for each violation, as the board of ethics
may determine.
(2008, ord 08-49, sec 1; am 2012, ord 12-43, sec 1.)
Section 2-81. Applicability.
This article shall apply to every officer or employee of the County. For the purposes
of this article, any person nominated for elected office or appointed but not confirmed as
administrative head of any agency or as a member of any board or commission shall be
considered an officer.
(1983 CC, c 2, art 15, sec 2-81.)
Section 2-82. Definitions.
As used in this article:
"Agency" means the County of Hawai`i and any other governmental unit of the
County.
"Board" means the board of ethics.
"Business" includes a corporation, a partnership, a sole proprietorship, a trust or
foundation, or other individual organization carrying on a business, whether or not
operated for profit.
"Compensation" means any money, thing of value, or economic benefit conferred on
or received by any person in return for services rendered or to be rendered by oneself or
another.
"Controlling interest" means an interest in a business or other undertaking which
is sufficient in fact to control, whether the interest be greater or less than fifty percent.
"Employee" means any person, except an officer, employed by the County or any
agency thereof but the term shall not include an independent contractor.
"Financial interest" means an interest held by an individual, the individual's
spouse, or dependent children which is:
(1) An ownership interest in a business.
(2) A creditor interest in an insolvent business.
(3) An employment, or prospective employment for which negotiations have begun.
(4) An ownership interest in real or personal property.
(5) A loan or other debtor interest.
(6) A directorship or officership in a business.
"Immediate family" means the employee's or officer's spouse, siblings, children,
grandchildren, or parents.
"Officer" includes the following:
(1) The mayor, members of the council, and all other elected officials of the
County;
(2) Any person appointed as the administrative head of any agency of the County;
(3) The first deputy or first assistant to the administrative head of any agency of
the County;
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ADMINISTRATION § 2-82
(4) Any person appointed as a member of a board or commission specifically
provided for in the Charter, but not including boards and commissions having
only advisory powers and functions;
(5) Any person appointed as a member of any board or commission not specifically
provided for in the Charter, but not including boards and commissions having
only advisory powers and functions;
(6) The managing director and deputy managing director.
"Official act" or`official action" means a decision, recommendation, approval,
disapproval, or other action, including inaction, which involves the use of discretionary
authority.
"Official authority" includes administrative or legislative powers of decision,
recommendation, approval, disapproval, or other discretionary action.
(1983 CC, c 2, art 15, sec 2-82; am 2002, ord 02-109, sec 2; am 2007, ord 07-132, sec 1;
am 2015, ord 15-103, secs 1 and 2.)
Section 2-83. [Former] Repealed.
(1983 CC, c 2, art 15, sec 2-83; rep 2002, ord 02-109, sec 3.)
Section 2-83. Fair treatment.
(a) Officers and employees of the County, while discharging their duties and dealing
with the public, shall adhere to the following precepts:
(1) All public property and equipment are to be treated as a public trust and are
not to be used in a proprietary manner or for personal purposes without proper
consent.
(2) No person in a supervisory capacity shall engage in personal or business
relationships with subordinates, which might intimidate said subordinates in
the discharge of their official duties.
(3) All persons shall be treated in a courteous, fair, and impartial manner.
(b) No officer or employee shall use or attempt to use the officer's or employee's official
position to secure or grant unwarranted privileges, exemptions, advantages,
contracts, or treatment, for oneself or others, including but not limited to the
following:
(1) Seeking other employment or contract for services for oneself by the use or
attempted use of the officer's or employee's office or position.
(2) Accepting, receiving, or soliciting compensation or other consideration for the
performance of the officer's or employee's official duties or responsibilities
except as provided by law.
(3) Soliciting, selling, or otherwise engaging in a substantial financial transaction
with a subordinate or a person or business whom the officer or employee
inspects or supervises in the officer's or employee's official capacity.
(4) Using County property, facilities, equipment, time, or personnel for private
business, campaign purposes, or for any purpose other than for a public
purpose.
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§ 2-83 HAwAII COUNTY CODE
(c) An officer or employee of the County, or a business in which an officer or employee
or the officer or employee's immediate family has a controlling interest, may
contract for goods or services with any County agency provided that:
(1) The nature of the relationship between the officer or employee and the County
is provided in full disclosure to the agency seeking goods or services as part of
the bid for a contract or response to a request for proposals; and
(2) The officer or employee has obtained an opinion from the board that there is
no conflict of interest resulting from the officer or employee's position with the
County. A board opinion shall continue to satisfy this requirement until a
change occurs in the financial interest or role of the County officer, employee,
or the officer or employee's affected immediate family member, in the business
or undertaking with which the contract is concerned. In the event an opinion
by the board was not obtained in advance of submitting a bid, the officer or
employee shall instead submit a copy of a letter or petition requesting review
by the board.
A contract shall be void if an officer or employee fails to comply with these
disclosure requirements or if the board finds there is a conflict of interest or any
preferential treatment involved.
(d) Nothing herein shall be construed to prohibit an officer from introducing bills and
resolutions, serving on committees or from making statements or taking action in
the exercise of the officer's legislative functions. Every officer shall file a full and
complete public disclosure of the nature and extent of the interest or transaction
which the officer believes may be affected by legislative action.
(2002, ord 02-109, sec 4; am 2015, ord 15-103, sec 3.)
Section 2-84. [Former] Repealed.
(1983 CC, c 2, art 15, sec 2-84; rep 1983, ord 83-7, sec 2.)
Section 2-84. Conflicts of interests.
(a) No officer or employee shall take any official action directly affecting:
(1) A business or other undertaking in which that officer or employee has a
substantial financial interest;
(2) A private undertaking in which the officer or employee is engaged as legal
counsel, advisor, consultant, or representative, or other agency capacity; or
(3) A business or undertaking in which the employee knows or has reason to know
that a brother, a sister, a parent, an emancipated child, or a household
member has a substantial financial interest, provided that the financial
interests of these individuals shall not include those of any spouse or child.
A department head who is unable to be disqualified on any matter described in
items (1), (2), and (3) above will not be in violation of this subsection if the
department head has complied with the disclosure requirements of section 2-91.1.
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ADMINISTRATION § 2-84
A person whose position on a board, commission, or committee is mandated by
statute, charter, code, or resolution to have particular qualifications shall only be
prohibited from taking official action that directly and specifically affects a business
or undertaking in which that person has a substantial financial interest; provided
that the substantial financial interest is related to the member's particular
qualifications.
(b) No officer or employee shall acquire financial interests in any business or other
undertaking which that officer or employee has reason to believe may be directly
involved in official action to be taken by the officer or employee.
(c) No officer or employee shall represent private interests in any legal action or
proceeding against the County or appear on behalf of private interests before any
agency, except as otherwise provided by law; provided:
(1) This prohibition shall not apply to a County employee or officer who is an
architect, landscape architect, surveyor, or engineer registered as such under
the provisions of chapter 464, Hawaii Revised Statutes, with respect to the
affixing by such registered professional of such person's registered stamp to
any plans, specifications, drawings, etc., to be submitted to the County for
permits for such person's principal residence or that of members of such
person's immediate family; provided, that the stamp is accompanied by a
signed statement that the work was prepared by the person stamping the
document or under such person's supervision; and provided further, that the
registered professional may not, in the capacity of a County employee or
officer, review, approve or otherwise act upon the plans, specifications,
drawings, etc., such person has stamped; and
(2) No officer or employee shall be denied the right to appear before any agency to
petition for redress of grievances caused by any official act or action affecting
such person's personal rights, privileges, or property, including real property.
(d) Notwithstanding any provision of this article to the contrary, a member of any
hoard, commission, or committee may appear on behalf of private interests before
agencies other than the board, commission, or committee on which such person
serves.
(2002, ord 02-109, sec 4; am 2015, ord 15-103, sec 4.)
Section 2-85. [Former] Repealed.
(1983 CC, c 2, art 15, sec 2-85; rep 2002, ord 02-109, sec 3.)
Section 2-85. Contracts.
(a) A County agency may enter into a contract involving services or property or to
procure or dispose of goods or services, or for construction, with an officer, an
employee, or a business in which an officer or an employee or the officer or
employee's immediate family has a controlling interest, provided the provisions in
section 2-83, subsection (c) have been met, and further provided:
(1) The contract is awarded by competitive sealed bidding pursuant to the state
public procurement code; or
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§ 2-85 HAWAII COUNTY CODE
(2) The contract is awarded by competitive sealed proposal pursuant to the state
public procurement code.
Upon award of any such contract, the director of finance shall post notice of the
award, which notice shall include the information provided pursuant to section
2-83, subsection (c).
(b) A County agency shall not enter into a contract with any person or business which
is represented by a person who was an employee of the agency within the preceding
two years and who participated while in County office or employment in the matter
with which the contract is directly concerned or who personally participated in a
decision making capacity in similar matters before the agency.
(2002, ord 02-109, sec 4; am 2015, ord 15-103, sec 5.)
Section 2-85.1. Contracts voidable.
In addition to any other penalty provided by law, any contract entered into by the
County in violation of this article is voidable on behalf of the County; provided that in
any action to avoid a contract pursuant to this section the interests of third parties who
may be damaged thereby shall be taken into account, and the action to void the
transaction is initiated within sixty days after the determination of a violation under
this article. The corporation counsel shall have the authority to enforce this provision.
(2002, ord 02-109, sec 4.)
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§ 2-86 HAWAI`i COUNTY CODE
Section 2-86. Informal advisory opinions.
(a) Inquirer's Conduct. Any County officer or employee may petition the board for an
informal advisory opinion concerning their own conduct by writing to the board.
This opinion shall be informal in nature and all proceedings involving the
investigation and deliberation of such inquiry shall, upon the request of the County
officer or employee involved, be confidential, provided, the board determines that
personal matters affecting the privacy of the County officer or employee are to be
considered.
Upon receipt of the petition, the board:
(1) May investigate the matter on a confidential basis. The officer or employee
involved shall comply with the informal advisory opinion issued by the board.
(2) Through its chairman, shall notify the County officer or employee involved and
shall request a statement indicating whether or not the officer or employee
wishes a closed hearing.
(b) Alleged Conduct of Someone Other than Inquirer. Any person or the board itself
may petition the board for an informal advisory opinion on an alleged violation of
the code of ethics by an officer or employee. The petition shall be filed within six
years of the alleged violation. A petition shall be deemed to have been filed when it
is received by the board or when a majority of the members to which the board is
entitled sign the petition. Nothing herein shall bar proceedings against a person
who, by fraud or other device, prevents the discovery of a violation of the code of
ethics. This opinion shall be informal in nature and all proceedings involving the
investigation and deliberation of such inquiry shall, upon the request of the County
officer or employee involved, be confidential, provided, the board determines that
personal matters affecting the privacy of the County officer or employee are to be
considered.
Upon receipt of the petition, the board:
(1) Through its chairman, shall notify the County officer or employee involved and
shall request a statement indicating whether or not the officer or employee
wishes a closed hearing.
(2) Shall notify the officer or employee against whom a charge is received and
afford the officer or employee an opportunity to explain the conduct alleged to
he in violation of this article. The hoard may investigate, after compliance with
this section, such charges and render an informal advisory opinion on the
alleged conduct. The officer or employee involved shall comply with the
informal advisory opinion issued by the board.
(c) Any petition filed under this section shall be submitted in duplicate and shall
contain:
(1) The name, address and telephone number of the petitioner;
(2) A statement of the nature of petitioner's interest including reasons for the
submission of the petition;
(3) The specific provision of the code of ethics in question;
(4) A complete statement of facts;
(5) A statement of the position or contention of the petitioner; and
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ADMINISTRATION § 2-86
(6) A memorandum of authorities, containing a full discussion of the reasons in
support of such position or contention.
Any petition which does not substantially comply with the foregoing requirements
may be rejected. In addition, the board may, for good cause, reject any petition.
(1983 CC, c 2, art 15, sec 2-86; am 1997, ord 97-29, sec I.)
Section 2-87. Formal opinions.
(a) If the officer or employee fails to comply with the informal advisory opinion
mentioned in section 2-86, the board may, in its discretion, institute proceedings for
a formal opinion. It may institute such proceedings by serving a copy of the charge
and a further statement of the alleged violation by certified mail upon the alleged
violator. The officer or employee shall have twenty days after service thereof to
respond in writing to the charge and statement.
(b) The board shall set a time and place for a hearing, giving notice to the complainant
and the alleged violator. All parties shall have an opportunity:
(1) To be heard;
(2) To subpoena witnesses and require the production of any books or papers
relative to the proceedings;
(3) To be represented by counsel; and
(4) To have the right of cross-examination.
(c) All witnesses shall testify under oath and the hearings shall be closed to the public
upon the request of the County officer or employee involved, for closed hearing. The
board shall not be bound by the strict rules of evidence but the board's findings
must be based upon competent and substantial evidence. All testimony and other
evidence taken at the hearing shall be recorded. Copies of transcripts of such record
shall he available only to the complainant and the alleged violator at their own
expense, and the fees therefor shall be deposited in the County's general fund.
(d) Prior to any hearing, the hoard, through its chairman, shall notify the County
officer or employee involved and shall request of the County officer or employee a
statement indicating whether or not the County officer or employee wishes a closed
hearing.
(e) After the hearing the hoard shall issue a formal opinion on the alleged conduct
which shall be given to the alleged violator. A decision of the board pertaining to
the conduct of any officer or employee shall be in writing and signed by three or
more of the members of the board.
(1983 CC, c 2, art 15, sec 2-87.)
Section 2-88. Disposition after issuance of formal opinion.
(a) With respect to officers removable only by impeachment, if there is no compliance of
a formal opinion issued against an officer removable only by impeachment, the
board shall issue a complaint and refer the matter to the council. The complaint
must contain a statement of the facts alleged to constitute the violation. If within
thirty days after the referral the council has neither formally declared that the
charges contained in the complaint are not substantial nor instituted hearings on
the complaint, the board shall make public the nature of the charges but it shall
make clear that the merits of the charges have never been formally determined.
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§ 2-88 HAWAII COUNTY CODE
(b) With respect to employees and officers other than officers removable only by
impeachment, if there is no compliance of a formal opinion against an employee and
officer other than an officer removable only by impeachment, the board shall issue
a complaint and refer the matter to the appointing authority having the power to
discipline the employee. The complaint must contain a statement of the facts
alleged to constitute the violation. Hearings shall be in accordance with chapter 91,
Hawaii Revised Statutes, except that every hearing shall be private, and no record
of the proceedings shall be released to the public prior to its conclusion. Judicial
review of decisions, orders and rulings adverse to the employee shall be in
accordance with chapter 91, Ilawaii Revised Statutes.
(c) If it is found that no violation of subsection (b) of this section has occurred, the
appointing authority shall not make the record of the proceedings public. If it is
found that a violation has occurred, the appointing authority may make its findings
and the record of the proceedings public, taking into account the seriousness of the
violation.
(1983 CC, c 2, art 15, sec 2-88.)
Section 2-89. Cooperation with County agencies.
The commission may request and shall receive from every department, division,
board, bureau, commission or other agency of the County cooperation and assistance in
the performance of its duties. In addition, if the board's decision requires action by any
agency, the board may request that such agency report its action within thirty days
from the date of the request for action.
(1983 CC, c 2, art 15, sec 2-89.)
Section 2-90. Confidentiality.
(a) Any board member, including the individual making the charge, who divulges
information concerning the charge prior to the issuance of the complaint by the
board mentioned in section 2-88 and section 2-89 or if the investigation discloses
that the complaint should not be issued by the board, at any time divulges any
information concerning the original charge, or divulges the contents or disclosures
except as permitted by the board, shall be guilty of a misdemeanor which shall be
punishable by a fine of not more than $500. If a board member is in violation of this
section, the board member may be subject to dismissal from this board.
(b) This prohibition shall not apply to meetings open to the public.
(1983 CC, c 2, art 15, sec 2-90.)
Section 2-91. Appointing authority's power to discipline.
In addition to any other powers the appointing authority may have to discipline
employees, the appointing authority may reprimand, put on probation, demote, suspend
or discharge an employee found to have violated the standards of this article.
(1983 CC, c 2, art 15, sec 2-91.)
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ADMINISTRATION § 2-91.1
Section 2-91.1. Financial disclosures and disclosures of interest.
(a) Definitions. The following words used in this section shall have the respective
meanings in this section:
(1) "Candidate" has the meaning given it by section 11-191(3),* Hawaii Revised
Statutes;
(2) "Elective" means all elective offices of the County of Hawaii;
(3) "Income" means gross income defined by section 61 of the Internal Revenue
Code of 1954;
(4) "Regulatory employee" means:
(A) Supervisors of inspectors employed by the department of public works
and department of environmental management;
(B) Inspectors employed by the department of public works and department
of environmental management;
(C) Supervisors of liquor control investigators;
(D) Liquor control investigators;
(E) Buyers and purchasing agents;
(F) Supervisors of real property tax appraisers;
(G) Real property tax appraisers;
(H) Planners employed by the planning department;
(I) Supervisors of inspectors employed by the department of water supply;
(J) Inspectors employed by the department of water supply;
(K) The legislative auditor.
(b) Filing of financial disclosures.
(1) Candidates to Office. All candidates for elective office for the County of
Hawai`i shall file a financial disclosure as provided herein within ten working
days after the deadline for filing as a candidate for office.
(2) Officers. All officers shall file a financial disclosure as provided herein within
twenty working days after taking the oath of office or within twenty working
days after the effective date of this section and annually thereafter on or
before January 31 of each year until the end of the term of office.
If an officer is re-elected to office or reappointed to office for a new term,
the foregoing requirement for filing financial disclosures shall be observed.
(3) Regulatory Employees. All regulatory employees shall file a financial
disclosure as provided herein on or before January 31, 1984, and thereafter
biennially on or before January 31 of the biennium year. Persons becoming
regulatory employees on or after January 31, 1984, shall file the initial
financial disclosure as provided herein within thirty working days of
commencement of employment or term of office.
(c) The disclosure of financial interests shall state the financial interests of the person
disclosing, whether held in the person's name or by any other person for the person
disclosing s use and benefit, and shall include:
(1) The source, nature, and amount of all income of$1,000 or more received
during the preceding calendar year; provided that information that may be
privileged by law need not be disclosed.
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§ 2-91.1 HAWAII COUNTY CODE
(2) The name of each creditor to whom the value of$3,000 or more was owed
during the preceding calendar year and the original amount and amount
outstanding; provided that debts arising out of retail installment transactions
for the purchase of consumer goods need not be disclosed.
(3) The amount and identity of every ownership or beneficial interest held during
the disclosure period in any business having a value of$5,000 or more, or
interest equal to ten percent or more of the ownership of the business and, if
the interest was transferred during the preceding calendar year, the date of
the transfer; provided that an interest in the form of an account in a Federal
or State regulated financial institution, an interest in the form of a policy in a
mutual insurance company, or individual items in a mutual fund or a blind
trust, if the mutual fund or blind trust has been disclosed pursuant to this
paragraph, need not be disclosed.
(4) Every officership, directorship, trusteeship, or other fiduciary relationship
held in a business during the preceding calendar year, the term of office and
the annual compensation.
(5) A description of all real property in which the person now holds, or held during
the preceding calendar year, an interest valued at 85,000 or more, its tax map
key, street address, and fair market value, and, if the interest was acquired or
transferred during the preceding calendar year, the consideration paid or
received for the interest and the name of the person or entity paying or
receiving the consideration.
(6) The amount and identity of all creditor interests in an insolvent business held
during the preceding calendar year having a value of$5,000 or more.
(7) The names of clients personally represented before County agencies, except in
ministerial matters, for a fee or compensation during the preceding calendar
year and the names of the County agencies involved.
(8) On any item which calls for the stating of a dollar amount, this value may be
reported by using an appropriate letter code as follows:
(A) Less than $1,000;
(B) At least $1,000 but less than $10,000;
(C) At least $10,000 but less than $50,000;
(D) At least $50,000 but less than $100,000;
(E) At least $100,000 but less than $300,000;
(F) At least $300,000 but less than $700,000;
(G) At least $700,000 but less than $1,000,000;
(H) More than $1,000,000.
(d) Filing requirements.
(1) All public financial disclosures shall be filed with the office of the County
clerk. All confidential disclosures shall be filed with County board of ethics.
(2) The form for all public financial disclosures shall be as prescribed by the
County clerk. The forms for confidential disclosures shall be as prescribed by
the County board of ethics.
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ADMINISTRATION § 2-91.1
(3) Any officer or regulatory employee of the County shall file a financial
disclosure as prescribed herein ten working days before an officer is to leave
office or a regulatory employee is to terminate employment with the County.
This requirement will also include transfer of an officer or regulatory employee
from the County to either the State or Federal governments, or the transfer of
an officer or regulatory employee to a County position for which financial
disclosure is not required.
(e) The financial disclosure statements of the following persons shall he public record
and may be opened for inspection by the public during office hours of the County
clerk:
(1) All candidates for elective office.
(2) All elected officers.
(3) The administrative heads of the County agencies and their first deputies.
(4) The managing director and deputy managing director.
All other financial disclosure statements required to be filed under this section
shall be confidential and accessible only by action of the board of ethics.
(0 Penalty.
(1) Officers and regulatory employees subject to section 2-91.1(b).
Any officer or regulatory employee of the County who fails to file a financial
disclosure as required in this section shall be subject to the provisions of
section 2-91 hereof relating to noncompliance.
(2) Any candidate who fails to file a financial disclosure as prescribed herein shall
be guilty of a misdemeanor and subject to a tine of$1,000 and imprisonment of
one year.
(g) Notwithstanding any other disclosures filed under this section, it shall be
incumbent upon all employees or officers of the County to make a full disclosure in
writing to their appointing authority or to the council in the case of an elective
officer, whenever the employee or officer possesses or acquires any interests,
financial or otherwise, that might reasonably tend to create a conflict with the
public interest in the performance of the public duties and responsibilities of the
officer or employee. Any member of the council who knows he or she has a personal
interest, direct or indirect, in any action proposed or pending before the council
shall immediately disclose such interest.
A copy of any disclosure of interest filed under this subsection shall be filed by
the employee or officer with the County clerk which shall be a matter of public
record.
(1983 CC, c 2, art 15, sec 2-91.1; am 1983, ord 83-7, sec 1; am 1985, ord 85-35, sec 1; am
1999, ord 99-54, sec 1; am 200.2, ord 02-109, sec 5; am 2005, ord 05-41, sec 1; am 2007,
ord 07-131, sec 1; am 2008, ord 08-50, sec 2)
•Editor's Note: Section 11-191.Hawaii Revised Statutes.was repealed.
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§ 2-91.2 HAwAII COUNTY CODE
Section 2-91.2. Post-employment.
(a) No former officer or employee shall disclose any information which by law is not
available to the general public and which the officer or employee acquired in the
course of this person's official duties, nor shall the former officer or employee use
such information for this person's personal gain or for the benefit of any other
person. A former officer or employee may, however, disclose such information if
requested by authorized governmental personnel, for official purposes.
(h) No former officer or employee shall, within twelve months after the termination of
the former officer or employee's employment or term of office with the County,
assist and/or represent any person or business or act in a representative capacity
for a fee, compensation, or other consideration, or otherwise act for the former
officer or employee's own personal economic gain, in relation to any specific case,
proceeding, contract, application, or pending legislation with which the former
officer or employee, in the course of the former officer or employee's official duties
with the County:
(1) Had been directly concerned;
(2) Had under active consideration; or
(3) Had obtained information which by law is not available to the general public.
For the purposes of this section, "represent" means to engage in direct
communication on behalf of any person or business with a councilmember, a council
employee, a particular County board, commission or agency, or their employees.
A former officer or employee may, however, assist a governmental entity in
relation to such matters if requested by authorized governmental personnel for
official purposes.
(c) Nothing in this section shall prohibit any agency of the County from contracting
with the former officer or employee to act on matters on behalf of the County.
(d) Any fee, gift, profit, or other compensation received by a former officer or employee
in violation of(a) or (b) above shall be forfeited to the County. The corporation
counsel is authorized to take all measures necessary to recover such compensation.
(e) In addition to any other penalty provided by law, whenever any former officer or
employee has obtained, or assisted any other person to obtain, favorable County
action and the former officer or employee violated (a) or (b) above in the course of
the obtaining of such action, the County may void such action, provided that the
County shall act to void the action within sixty days of its discovery of the violation
and shall, insofar as possible, avoid damaging the interests of innocent third
parties.
(0 The board of ethics is hereby empowered to receive petitions from, and render
informal and formal advisory opinions to:
(1) Former officers or employees who request advisory opinions regarding their
own conduct in relation to this section. A former officer or employee whose
employment may violate the provisions of this section shall request an
informal advisory opinion from the board prior to accepting or engaging in
such employment; or
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ADMINISTRATION § 2-91.2
(2) Any member of the public concerning the conduct of a former officer or
employee.
The board may initiate an investigation to determine whether the conduct of a
former officer or employee is in violation of this section.
(g) A former officer or employee shall not be deemed in violation of this section with
respect to conduct which conforms to an advisory opinion of the board, and none of
the sanctions of this section may be applied to such conduct.
(1984, ord 84-55, sec 1; am 1996, ord 96.69, sec 1.)
Section 2-91.3. Lobbyist registration.
(a) Definitions. When used in this section:
(1) "Administrative action" means the proposal, drafting, consideration,
amendment, enactment, or defeat by any administrative agency of any matter
pending or proposed before the administrative agency, except ministerial
matters.
(2) "Administrative agency" means a commission, board, agency, or other body, or
official in the County government that is not a part of the legislative branch.
(3) "Contribution" means a gift, subscription, forgiveness of a loan, advance, or
deposit of money, or anything of value and includes a contract, promise, or
agreement, whether or not enforceable, to make a contribution.
(4) "Expenditure" means a payment, distribution, forgiveness of a loan, advance,
deposit, or gift of money, or anything of value and includes a contract, promise,
or agreement, whether or not enforceable, to make an expenditure. It does not
include the expenses of preparing written testimony and exhibits for a hearing
before the council or an administrative agency.
(5) "Legislative action" means the sponsorship, drafting, introduction,
consideration, modification, enactment, or defeat of any bill, resolution,
amendment, report, nomination, appointment, or any other matter pending or
proposed in the council.
(6) "Lobbyist" means any individual engaged for pay or other consideration who
spends more than five hours in any month or $275 in any six-month period for
the purpose of attempting to influence legislative or administrative action by
communicating or urging others to communicate with public officials.
(7) "Lobbying" means communicating directly or through an agent, or soliciting
others to communicate, with any official in the legislative or executive branch,
for the purpose of influencing any legislative or administrative action.
(8) "Person" means a corporation, individual, union, association, firm, sole
proprietorship, partnership, committee, club, or any other organization, or a
representative of a group of persons acting in concert.
(b) Registration of Lobbyists, Requirements.
(1) Every lobbyist shall file a registration form with the County clerk within five
days of becoming a lobbyist.
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§ 2-91.3 HAWAII COUNTY CODE
(2) Each lobbyist shall provide and certify the following information:
(A) The name, mailing address, and business telephone number of the
lobbyist.
(B) The name and principal place of business of each person by whom the
lobbyist is retained or employed or on whose behalf the lobbyist appears
or works and a written authorization to act as a lobbyist from each
person by whom the lobbyist is employed or with whom the lobbyist
contracts.
(C) The subject areas on which the lobbyist expects to lobby.
(3) A lobbyist shall report any change in any of the information contained in the
registration statement within ten days after the change has occurred.
(4) A lobbyist shall file a notice of termination within ten days after the lobbyist
ceases the activity which required the lobbyist's registration. The lobbyist and
the employer of the lobbyist shall remain subject, however, to the
requirements of this article for the period during which the registration was
effective.
(5) This section shall not apply to:
(A) Any individual who represents him or herself and not any other person
before the council or administrative agency;
(B) Any Federal, State, or County official or employee acting in the official or
employee's official capacity;
(C) Any elected public official acting in the official or employee's official
capacity;
(D) Any newspaper or other regularly published periodical or radio or
television station (including any individual who owns, publishes, or is
employed by a newspaper or periodical or radio or television station)
while publishing in the regular course of business news items, editorials,
or other comments, or paid advertisements, which directly or indirectly
urge the passage or defeat of legislative or administrative action; and
(E) Any person who possesses special skills and knowledge relevant to
certain areas of legislation, whose skills and knowledge maybe helpful
to the legislative and executive branches of County government, and who
is appearing at the request of the council or an administrative agency,
even though receiving reimbursement for the appearance.
(c) Each lobbyist shall file a statement of expenditures with the County clerk on
July 31 and January 31 of each year.
(d) The July 31 report shall cover the period from January 1 through June 30 of the
year of the report; and the January 31 report shall cover the period from July 1
through December 31 of the calendar year preceding the January 31 report.
(1) The statement shall contain the following information:
(A) The name and address of each person with respect to whom expenditures
for the purpose of lobbying in the total sum of$25 or more per day were
made by the person filing the statement during the statement period and
the amount or value of such expenditure;
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ADMINISTRATION § 2-91.3
(B) The name and address of each person with respect to whom expenditures
for the purpose of lobbying in the aggregate of$150 or more were made
by the person filing the statement during the statement period and the
amount or value of such expenditures;
(C) The total sum or value of all expenditures for the purpose of lobbying
made by the person filing the statement during the statement period in
excess of$275 during the statement period;
(D) The name and address of each person making contributions to the person
filing the statement for the purpose of lobbying in the total sum of$25 or
more during the statement period and the amount or value of such
contributions; and
(E) The subject area of the legislative and administrative action which was
supported or opposed by the person filing the statement during the
statement period.
(2) The receipt or expenditure of any money for the purpose of influencing the
election or defeat of any candidate for an elective office or for the passage or
defeat of any proposed measure at any special or general election is excluded
from the reporting requirement of this section.
(e) All statements and forms required by this section to be filed with the County clerk:
(1) Shall be deemed properly filed when delivered or deposited in an established
post office within the prescribed time, duly stamped, registered, or certified,
and directed to the County clerk; provided, however, in the event it is not
received, a duplicate of the statement shall be promptly filed upon notice by
the County clerk of its nonreceipt; and
(2) Shall be preserved by the County clerk and shall constitute part of the public
records of the County clerk, and shall be open to public inspection pursuant to
section 92-51,* Hawaii Revised Statutes.
(0 No lobbyist shall accept or agree to accept compensation in any way contingent on
the enactment, defeat, or outcome of any proposed legislative or administrative
action.
(g) The board of ethics is empowered to render advisory opinions with respect to the
application of this section to any person. No person who conforms their conduct to
an advisory opinion of the board regarding this section shall be subject to the
penalties provided herein.
(h) Any person who wilfully fails to file any statement or report required by this section
or who wilfully files a statement or report containing false information or material
omission of any fact, who engages in activities prohibited by this section, or who
fails to provide any information required by this section shall be guilty of a petty
misdemeanor.
(1984, ord 84-77, sec 1; am 1986, ord 86-44, sec 1; am 2006, ord 06-71, sec 1.)
*Editor's Note: Sections 92-50 to 92.52, Hawaii Revised Statutes, were repealed and replaced with chapter 92F.
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§ 2-91.4 HAWAII COUNTY CODE
Section 2-91.4. Gifts.
No officer or employee shall solicit, accept, or receive, directly or indirectly, any gift,
whether in the form of money, service, loan, travel, entertainment, hospitality, thing, or
promise or in any other form, under circumstances in which it can reasonably be
inferred that the gift is intended to influence the officer or employee in the performance
of the officer's or employee's official duties or is intended as a reward for any official
action on the officer's or employee's part
(1995, ord 95-21, sec 2; am 2002, ord 02-109, secs 6 and 7.)
Section 2-91.5. Reporting of gifts.
(a) Every officer and employee shall file a gifts disclosure statement with the County
board of ethics on June 30 of each year if all the following conditions are met:
(1) The officer or employee, or spouse or dependent child of an officer or employee,
received directly or indirectly from one source any gift or gifts valued singly or
in the aggregate in excess of$100, whether the gift is in the form of money,
service, goods, or in any other form;
(2) The source of the gift or gifts have interests that may be affected by official
action or lack of action by the officer or employee; and
(3) The gift is not exempted by subsection (d) from reporting requirements under
this subsection.
(b) The report shall cover the period from June 1 of the preceding calendar year
through May 31 of the year of the report.
(c) The gifts disclosure statement shall contain the following information:
(1) A description of the gift;
(2) A good faith estimate of the value of the gift;
(3) The date the gift was received; and
(4) The name of the person, business entity, or organization from whom, or on
behalf of whom, the gift was received.
(d) Excluded from the reporting requirements of this section are the following:
(1) Gifts received by will or intestate succession;
(2) Gifts received by way of distribution of any inter vivos or testamentary trust
established by a spouse or ancestor;
(3) Gifts from a spouse, fiancé, fiancée, any relative within four degrees of
consanguinity or the spouse, fiancé, or fiancée of such a relative. A gift from
any such person is a reportable gift if the person is acting as an agent or
intermediary for any person not covered by this paragraph;
(4) Political campaign contributions that comply with state law;
(5) Anything available to or distributed to the public generally without regard to
the official status of the recipient;
(6) Gifts that, within thirty days after receipt, are returned to the giver or
delivered to a public body or to a bona fide educational or charitable
organization without the donation being claimed as a charitable contribution
for tax purposes; and
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ADMINISTRATION § 2-91.5
(7) Exchanges of approximately equal value on holidays, birthday, or special
occasions.
(e) Failure of an officer or employee to file a gifts disclosure statement as required by
this section shall be a violation of this article.
(1995, ord 95-21, sec 2; am 2002, ord 02-109, secs 6 and 7.)
Section 2-91.6. Confidential information.
No officer or employee shall disclose information which by law or practice is not
available to the public and which the officer or employee acquires in the course of the
officer's or employee's official duties, or use the information for the officer's or
employee's personal gain or for the benefit of anyone.
(1995, ord 95-21, sec 2; am 2002, ord 02-109, secs 6 and 8.)
Article 16. Travel and Other Expenses.
Section 2-92. Entitlement.
All officers and employees of the County, including members of boards, committees
and commissions, shall be entitled to travel and other necessary expenses connected
with the performance of their official duties in accordance with the provisions of this
section and subject to procedures prescribed by the director of finance and approved by
the mayor.
(1983 CC, c 2, art 16, sec 2-92.)
Section 2-93. Travel status.
Personnel shall be considered to be on travel status only during the time they are
conducting official business away from their regular place of business and while
traveling to and from the place at which such business is regularly transacted.
(1983 CC, c 2, art 16, sec 2-93.)
Section 2-94. Travel authorization.
(a) All in-State travel for employees of the executive branch shall he approved by the
mayor; except that the prosecuting attorney is authorized to approve in-State travel
for employees of the prosecuting attorney's department. Likewise, all in-State
travel for employees of the legislative branch shall be approved by the council
chairman. The authority to approve such travel may be delegated.
(b) For out-of-State travel, a written request shall be prepared and shall be approved
by the mayor for members of the executive branch and the council chairman for
employees of the legislative branch. A travel itinerary shall be attached to the
request. The authority to approve such travel may be delegated. A copy of the
approved request must be attached to the requisition for air transportation.
(c) The department head shall assure that travel is necessary, that funds are
available, and that expenses to be incurred are proper and reasonable under the
circumstances.
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